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foreign corrupt practices act,FCRA,FDIC,federal and state appellate courts,federal and state nonprofit tax,federal banking,Federal Bankruptcy Court,Federal Bureau of Investigation,Federal Communications Commission,Federal Court of Appeals,Federal District Court,federal fair housing,Federal Trade Commission,FERPA,FHA,fidelity,fiduciary duty,Fiduciary Litigation,Financial,financial fraud,Financial Industry Regulatory Authority,Financial Institutions Reform,Financial Reform,FINRA,Fintech,Firm Facts,first impression,FLSA,FMLA,Focus on Clients,Foreign Corrupt Practices,Foreign Corrupt Practices Act,Foreign Investment,Foreign joint ventures,Foreign technology and data transfers,Form 990 and IRS compliance,formal tax opinions,foundation administration,Franchise and Distribution,franchise frees,fraud,Freddie Mac,Frye,FTC,fund formation,gas energy,Gas Regulation,geothermal energy,gift and estate taxes,GLBA,GNMA,government investigations,government procurement fraud,government relations,Government Relations, Regulatory Affairs and Contracting,Governmental Bonds,governmental investigation,Government-Assisted Housing,Graduate student organizing,Green,green building,green energy,grievance arbitrations,handicapped accessibility laws,harassment,Hart-Scott-Rodino Act,health and welfare,Health Care,Health Care Finance,health care fraud,Health Care Reform,Hedge Fund,high-stakes appeals,high-stakes matters,Higher Education,High-Rise Office Development and Leasing,HIPPA,Historic Tax Credit Practice,HMO,HOPE VI,Housing,housing bonds,HUD,Hydro Regulation,I-9,Immigration,Import regulations,import violations,Independent and Parochial and Charter School Financings,Industrial and Warehouse Development,Industry,Industry Focus and Business Acumen,Information Security,Information Technology,infrastructure,infringement opinions,Initiative,INS,insider trading,Insurance,Insurance Brokerage,Insurance Company and Institutional Investments,Insurance coverage,Insurer Insolvencies,Intellectual Property,intellectual property due diligence,intellectual property litigation,Interconnection,interest arbitration,Internal Investigations,International,International arbitration,International Expansion,International franchising,International litigation,International mergers and acquisitions,International Product Distribution,international tax,International Trade,International Traffic in Arms Regulation,International Transactions,International Transfer,Internet,inventorship analysis,Investment Management,investments,IP Due Diligence,IP Legal Professionals,IP licensing,irrevocable trusts,IRS ruling,ITAR,IWIRC,JOBS Act,Korea,Labor and Employment,Labor, Employment and Immigration,labor relations,Land Use Issues,landlord bankruptcy,Las Vegas,Lateral Partners,Law,Lawyer,layoff,Leadership,Leasing,Legal,Legal Alerts,liability insurance,Licensing,Life Sciences/Technology,lines of credit,Litigation,litigation exposure,litigators,Living wills,LLP,Loan Originations and Servicing,loan portfolio transactions,loan workouts,Los Angeles,loss avoidance,loss recovery,Low-Income Housing Tax Credit,malpractice,Marketplace Lending,mass tort and product liability,mass tort litigation,mass torts,Matter Management and Efficiency,Media and Entertainment Law,Media Coverage,medical device,Medicare and Medicaid,Mentoring,Mergers,mergers and acquisitions,Mergers and Acquisitions/Private Equity,Ballard Spahr LLP is an Am Law 100 firm with more than 500 lawyers in 15 offices in the United States. 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Sunrise Ranch | Spiritual Retreat Center Click the links below to read the Pulse of Spirit and Newsletters El Pulso del Espíritu – May 3, 2019 – Derrumba los Muros Pulse of Spirit – May 1, 2019 – One Faith Pulse of Spirit – April 25, 2019 – Revolution of Love Pulse of Spirit – April 19, 2019 – Love, the Evolutionary Urge El Pulso del Espíritu – April 19, 2019 – El Fin de la Soledad Pulse of Spirit – April 12, 2019 – A Sanctuary for the Light El Pulso del Espíritu – April 5, 2019 – El Problema Crucial Newsletter – April 2019 – New Full Self Emergence Class Pulse of Spirit – April 5, 2019 – I Want to Live Pulse of Spirit – March 27, 2019 – Womb Space for the New Cycle El Pulso del Espíritu – March 22, 2019 – La Realización Pulse of Spirit – March 20, 2019 – Global Emergence Now Pulse of Spirit – March 13, 2019 – Becoming a Sun: Emotional and Spiritual Intelligence El Pulso del Espíritu – March 8, 2019 – Compasión para el Ángel Pulse of Spirit – March 6, 2019 – Thinking Reality Pulse of Spirit – February 27, 2019 – A Persistent and Pervasive Creative Field El Pulso del Espíritu – February 22, 2019 – El árbol de la Vida Pulse of Spirit – February 20, 2019 – The Evolutionary Urge Pulse of Spirit – February 13, 2019 – Proof of Concept Newsletter – February 2019 – Full Self Emergence El Pulso del Espíritu – February 8, 2019 – Poderes Fantásticos de la Conciencia Pulse of Spirit – February 6, 2019 – Recipe for the End of Loneliness Pulse of Spirit – January 30, 2019 – Becoming a Sun El Pulso del Espíritu – January 25, 2019 – Maestros del Espacio y el Tiempo Pulse of Spirit – January 23, 2019 – Bring Down the Walls Newsletter – January 2019 – Ringing in the New Year Pulse of Spirit – January 16, 2019 – The End of Loneliness El Pulso del Espíritu – January 11, 2019 – ¿Estás Listo Para Jugar? Pulse of Spirit – January 9, 2019 – The Sun is Rising Pulse of Spirit – January 2, 2019 – Six Tools for Entering the New Golden Age El Pulso del Espíritu – December 28, 2018 –La Victoria Más Alta Pulse of Spirit – December 24, 2018 – The Birth of the Christ Today Pulse of Spirit – December 19, 2018 – Birth of a New World El Pulso del Espíritu – December 13, 2018 –El Arte de Vivir Pulse of Spirit – December 13, 2018 – As Simple as a Smile Newsletter – December 2018 – The Holy Days of Holidays Emissary Global News, December 2018 – December 7, 2018 Pulse of Spirit – December 5, 2018 – Be the Magic El Pulso del Espíritu – November 30, 2018 –Aliento Que Se Me Ha Dado Pulse of Spirit – November 28, 2018 – The Crux Issue Pulse of Spirit – November 21, 2018 – Fulfillment El Pulso del Espíritu – November 14, 2018 –Abrazando Nuestra Inocencia Primigenia Pulse of Spirit – November 14, 2018 – Compassion for the Angel Pulse of Spirit – November 7, 2018 – The Tree of Life El Pulso del Espíritu – November 2, 2018 – Exploación Descubrimiento y Creatción Pulse of Spirit – October 31, 2018 – Your Field is Becoming Conscious of Itself Through You Pulse of Spirit – October 24, 2018 – Manifestation as a Spiritual Practice El Pulso del Espíritu – October 19, 2018 – Cambiando la Trayectoria Pulse of Spirit – October 17, 2018 – The Grand Experiment of Awakened People Newsletter – October 17, 2018 – Celebrating Homo Universalis Pulse of Spirit – October 10, 2018 – Fantastic Powers of Consciousness El Pulso del Espíritu – October 5, 2018 – Conciencia del campo creativo Pulse of Spirit – October 3, 2018 – Masters of Time and Space Pulse of Spirit – September 26, 2018 – How Peace Begins Emissary Global News – September 25, 2018 – It is a Magical Year! El Pulso del Espíritu – September 21, 2018 – El amor mas elevado genera luz Pulse of Spirit – September 19, 2018 – Face the Headwinds and Fly Pulse of Spirit – September 12, 2018 – Are You Ready to Play? El Pulso del Espíritu – September 7, 2018 – Cielo aquí y ahora Pulse of Spirit – September 5, 2018 – The Highest Victory Pulse of Spirit – August 29, 2018 – Two Seeds El Pulso del Espíritu — August 24, 2018 — Conocer y dejarse conocer Pulse of Spirit – August 22, 2018 – Divine Ecstasy Creates a New World Pulse of Spirit – August 15, 2018 – The Art of Living El Pulso del Espíritu — August 9, 2018 — El Amor Mas Elevado Pulse of Spirit – August 8, 2018 – The Wonder of Multigenerational Community Newsletter – August 8, 2018 – Dimensions of Disclosure Pulse of Spirit – August 1, 2018 – The Breath I am Given El Pulso del Espíritu — July 27 — Nacido del más elevado amor Pulse of Spirit – July 25, 2018 – A Universal Priesthood Newsletter – July 19, 2018 – Sunrise Ranch and ARISE Festival Pulse of Spirit – July 18, 2018 – Embracing Our Primal Innocence Pulse of Spirit – July 11, 2018 – Exploration, Discovery and Creation El Pulso del Espíritu — July 6 — Exponga su dolor al Amor Pulse of Spirit – July 4, 2018 – Changing Trajectory Newsletter – July 3, 2018 – Tribalize! Join the Tribe! Pulse of Spirit – June 27, 2018 – Father's Day Service at Edenvale El Pulso del Espíritu – June 22, 2018 – Generare Pulse of Spirit – June 20, 2018 – Awareness of the Field Newsletter – June 14, 2018 – Tribalize! Pulse of Spirit – June 13, 2018 – Origins of Violence in Our Educational Process Newsletter – June 7, 2018 Pulse of Spirit – June 6, 2018 – Education for Regeneration Pulse of Spirit – May 30, 2018 – The Highest Love Generates Light Pulse of Spirit – May 23, 2018 – Heaven Here and Now Pulse of Spirit – May 16, 2018 – Let's Do This! Pulse of Spirit – May 9, 2018 – Spirit of the Womb Newsletter – May 7, 2018 Pulse of Spirit – May 2, 2018 – Let the Highest Love Have its Way Pulse of Spirit – April 25, 2018 – To Know and Be Known Pulse of Spirit – April 18, 2018 – Born Out of the Highest Love Pulse of Spirit – April 11, 2018 – The Highest Love Pulse of Spirit – April 4, 2018 – Expose Your Pain to Love Newsletter – April 4, 2018 – Blessing and Understanding Pulse of Spirit – March 28, 2018 – Generare Pulse of Spirit – March 20, 2018 – Birth of the New Human Pulse of Spirit – March 14, 2018 – Finding Peace Newsletter – March 15, 2018 – The Place the Light Enters Pulse of Spirit – March 7, 2018 – Igniting Regeneration Newsletter – March 2018 – Activation of Silence, Upcoming Events and More! Pulse of Spirit – February 28, 2018 – The Flow of Life Pulse of Spirit – February 21, 2018 – The Dance of Reciprocity Pulse of Spirit – February 14, 2018 – Out of the Silence Pulse of Spirit – February 8, 2018 – Life is a Kaleidoscope Newsletter – February 2018 – Permaculture Garden Design Pulse of Spirit – January 31, 2018 – Remedy for Spiritual Lethargy Pulse of Spirit – January 24, 2018 – The Vision and Power of the Hero Pulse of Spirit – January 17, 2018 – Step by Step: The Revelation of Spirit Newsletter – January 2018 – Full Self Emergence Pulse of Spirit – January 10, 2018 – This is Me Pulse of Spirit – January 3, 2018 – Love is the Answer and Our True Nature Pulse of Spirit – December 27, 2017 – Christmas: Bringing the Spirit of the Living Christ Pulse of Spirit – December 20, 2017 – Fulfill Your Purpose with Your Radiance Pulse of Spirit – December 14, 2017 – Trust in the Rhythms and Cycles of Life Pulse of Spirit – December 6, 2017 – On the Precipice Pulse of Spirit – November 28, 2017 – On the Threshold Newsletter – November 22, 2017 – 'American Visionary' with Barbara Marx Hubbard Pulse of Spirit – November 22, 2017 – Friendship: Where Beauty Might be Born Pulse of Spirit – November 15, 2017 – The Need for Communion with the Sacred Pulse of Spirit – November 8, 2017 – A Church for the One Who Dwells Newsletter – November 2, 2017 – Spectacular Winter Specials Pulse of Spirit – November 1, 2017 – Bringing the Sacred Through Our Living Pulse of Spirit – October 25, 2017 – Walking Between Worlds Pulse of Spirit – October 18, 2017 – Fusion in the Heart Newsletter – October 18, 2017 – Your Centered Self Pulse of Spirit – October 11, 2017 – The Web of Coherence Pulse of Spirit – October 4, 2017 – Sleeping Beauty Pulse of Spirit – September 27, 2017 – Sovereign Being Newsletter – September 26, 2017 – Path of Love Process Pulse of Spirit – September 20, 2017 – 'Who' Matters Pulse of Spirit – September 13, 2017 – Reversing Self-Betrayal Pulse of Spirit – September 6, 2017 – Spiritual Birth Newsletter – September 5, 2017 – Becoming a Sun Pulse of Spirit – August 30, 2017 – The River Pulse of Spirit – August 23, 2017 – Heart-Connected Relationship Pulse of Spirit – August 16, 2017 – Investing Love in Physical Form Newsletter – August 10, 2017 – Find Your Wild Women's Retreat Pulse of Spirit – August 9, 2017 – Outside-In Versus Inside-Out Pulse of Spirit – August 2, 2017 – Prayer of Being Pulse of Spirit – July 26, 2017 – The Field of Unrestrained Creativity Newsletter – July 24, 2017 – Mythic Story of Sunrise Ranch Pulse of Spirit – July 19, 2017 – You Are a Heroic Figure in a Story of Mythic Proportions Pulse of Spirit – July 12, 2017 — Eternal Beings Entering a Field of Space and Time Newsletter – July 7, 2017 — SunArise Permaculture Action Course Pulse of Spirit – July 5, 2017 — We the People of Planet Earth Pulse of Spirit – June 28, 2017 — Choice and the Power of Awakened Consciousness Pulse of Spirit – June 21, 2017 — The Software of Love Pulse of Spirit – June 14, 2017 — What Creates a Thriving Community? Newsletter – June 12, 2017 — Singing Over the Bones Pulse of Spirit – June 7, 2017 — The Party of Life Pulse of Spirit – May 31, 2017 — The Spiritual Warrior Faces The Hierarchy Pulse of Spirit – May 24, 2017 — Blessing and Understanding Newsletter – May 23, 2017 — Friday Night Workshops Pulse of Spirit – May 19, 2017 — Join a Revolution of Tenderness Pulse of Spirit – May 10, 2017 – Double-Check Intersect Newsletter – May 3, 2017 — Being Conscious Pulse of Spirit – May 3, 2017 – A Call for Global Awakening Pulse of Spirit – April 26, 2017 – Attunement Resonance Pulse of Spirit – April 19, 2017 – The Joyous Constellation of Being Newsletter – April 19, 2017 — Life on the Move Pulse of Spirit – April 12, 2017 – The Beautiful Music of Human Life Pulse of Spirit – April 5, 2017 – The Highest Home Newsletter – April 6, 2017 — Introducing Primal Spirituality 1 Pulse of Spirit – March 29, 2017 – Intimacy, Resonance, Philosophy, Message Pulse of Spirit – March 22, 2017 – Trustee Message Newsletter – March 20, 2017 – Sunrise News Pulse of Spirit – March 15, 2017 – The Infinity of Intimacy Pulse of Spirit – March 8, 2017 – Intimacy Newsletter – March 7, 2017 – Path of Love Retreat Pulse of Spirit – March 1, 2017 – Our Greatest Love Pulse of Spirit – February 22, 2017 – Social Architecture From the Inside Out Newsletter – February 20, 2017 – Emerging Technologies Pulse of Spirit – February 15, 2017 – The Living Temple Pulse of Spirit – February 8, 2017 – Our Spiritual Commons February 2017 Newsletter – Full Self Emergence Pulse of Spirit – February 1, 2017 — The Nothingness of Evil Pulse of Spirit – January 25, 2017 – It's Up to You Pulse of Spirit – January 18, 2017 – Merging Based in the Integrity of Love Pulse of Spirit – January 11, 2017 – Becoming a Sun Pulse of Spirit – January 5, 2017 – The Gift of the Christ Spirit January 2017 Newsletter - Welcoming the New Year Pulse of Spirit - December 27, 2016 - Carrying the Seeds of Creation Pulse of Spirit - December 21, 2016 - A New Birth Pulse of Spirit - December 14, 2016 - The "I" Solution Pulse of Spirit - December 7, 2016 - Seasons Greetings December 2016 Newsletter - Our New Website Pulse of Spirit - November 30, 2016 - Seven Foundational Truths Pulse of Spirit - November 23, 2016 - You Know What You Express November 2016 Newsletter - Healing Chant
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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 )
Right From the Hip | Observations & Opinions | Politics, Law & Current Events In which our Vagabond Seeks a City in Motion. It is early Saturday evening, the doors are open, the coffee house beckons. I enter into a crowd – young and old, in pairs, groups and singles, are standing in line, checking their phones, reviewing the menu board, sitting astride chairs, leaning on counters, stirring their mugs, contemplating their next move, and conversing with animation and verve. After securing a mug of herbal orange blossom tea and plain pound cake (something different and contemplative), no booths are available. I occupy a seat at a long, central bench and table with the other patrons. Immediately next to me sits a young couple, face to face, wearing various shades of blue denim (she also sports a floppy, soft-brim robin egg blue hat), who have stopped talking to enjoy one of the house's calorie-generous desserts. Their desserts are laden with strawberries, fresh, fragrant, jumbo-sized, strawberries, tumbling generously, abundantly, off the dessert cakes which shyly peek out underneath. These are six-dollar desserts, suitable for serious courtship. The whipped cream had disappeared already. Their strawberries are not shy - they flaunt their bright deep red strawberry color, their inviting texture, they flirt their white edges. These strawberries profligately cast about their unmistakable ripe fragrance. Indeed, the fragrance demands attention. For an unmeasured moment, these strawberries own the bench and my perceptions – my other senses have quietly stepped down and wait for the strawberry fragrance to master the stage, to take its bows, to aromatically speak for strawberries everywhere. Each strawberry is joined with all strawberries - connected in a web of genetic code, agricultural pedigree, sense perception and idea. The smell, the fragrance and appearance of these strawberries, and for a distinct slice of time, the connected picture, the taste, the idea of many strawberries, all strawberries, as an adjective as well as a noun, occupy my thoughts. If there had been no name for strawberries ever given, I would have conjured a name for them, then and there. Strawberries are versatile. We can give Latin names to their various genus, Fragaria. We may note that each apparent achene, or seed, on the outside is actually one of the ovaries of the flower, with a seed inside it, perhaps explaining why the couple beside me ordered them for dessert. Philosophers might debate whether or not there exists a non-physical essence of strawberry, an ideal Platonic form of strawberry, or be skeptical that we could ever be sure that what we perceive as strawberry was reliable. Mischievous children have picked them to throw at each other. We can observe them on wild vines, clip, transplant and cultivate them in our gardens, study what combination of sun and water gives them the greatest growth and sweetest flavor, pick them gingerly to set at our breakfast table, eat them singly or in groups in little morning fruit bowls. We have financed agri-businesses to grow them in vast number, might someday sell strawberry futures on a commodities exchange, have hired agricultural workers to pick them in mass quantity. Graduate students in economics might measure the economic impact of establishing a minimum wage for strawberry pickers, while employers make certain their immigration papers are in order. We can contest the right of strawberry pickers to go on strike, and use courtrooms to enjoin secondary strikes by other fruit pickers. Independent truck drivers can transport them in refrigerated, insured freight carriers at free-on-board rates. District managers of supermarket chains can offer them for retail sale in little green baskets at trendy supergrocers which have memorable advertising logos and trained-to-be-friendly checkout people, and serve them in coffee houses at upscale prices. In laboratories we can measure their molecular carbon chains, forensically identify them with gas and mass chromatography, and fit them into biochemical schema of study. We can mash them into lipstick or cream for purposes of skin and beauty enhancement, advertised by slender, photogenic models. We can handwash our dirty dishes in our neglected kitchen sinks, or shampoo our thinning hair with liquid soaps flavored with them. No small series of achievements, for an aggregate accessory fruit. But we have strawberries as descriptors also, as concepts and additions to the language in which we think and speak and describe, in which we write poetry and love sonnets. They act as triggers or stimulants, to remind us of things, things we may want to remember. I bend my head over my tea and soak a piece of my cake into my orange-blossom tea. But these strawberries are not yet done their work. The fragrances of my coffee-house neighbors' strawberries trigger vivid memories. A series of pictures is summoned up, interior miniatures composing a sequenced event in my life, a road trip of an altogether different sort. Gently unfaded, affectionately insistent, parading in silence one at a time yet making a whole, a set of gliding images from the past paints over my vision. ____________________ My wife, Erma, and I were dating, and engaged. I was just 32. At the time, she was just 23 years of age, not quite 5'2" unless she stood on her tiptoes (she was generous in describing her height on various health and application forms), slender, lithe, with quick, athletic reflexes, light brown hair never allowed to grow long, a bright upturned face full of energy, green-grey eyes that were never quite the same shade from day to day, and a stand-your-ground manner suitable for the youngest child who had five older brothers. Erma had been a Christian since her experiences as a teenager in church youth group, and had been well taught by a beloved senior pastor, Reverend Pusey. She could field a ground ball or steal third base, tell every player on the Philadelphia Flyers in 1977 (she still had a Bobby Clark doll) or quote scripture by memory, intelligently and to the point under discussion. She was a secretary at DuPont, a job she had held since the day after she graduated from high school. There was emotional trauma in her childhood, including a miserable relationship with her father (the misery shared by her brothers and sister), and a tragic gun accident which took the life of one of her brothers, after her father irresponsibly brought home a rifle and gave it to his children without supervision or safety instruction. The collapse of the family unit brought economic difficulties. Erma bubbled over with hope and energy – she was ready to wrestle wildcats, hid her fears, counted her pennies, and laughed loudly and easily. Erma pooled shock, grief, loss and anger in reservoirs of her soul. She introduced herself to a pair of young men attending a Christian singles conference in Sandy Cove, Maryland, one of whom was me, because she recognized the church my friend Dave had announced at the beginning of the conference, and that was enough of a conversational opening for her. We took a trip to North Carolina, to visit her brother Noel, the only one of her family to graduate from college. Noel was a marketing manager for a large agricultural chemicals company, and he was moved about the country every few years. For several years he had lived near Research Triangle Park outside Raleigh. Our trip was a happy one; we packed up Erma's silver Honda Civic, years old but running like a Swiss watch, and toodled down the highway one Monday in the early summer. Life was opening up. My disorderly life, spread across two coasts, was moving in a good direction. Erma, deeply emotionally cautious, was hoping that the world held good things as well. After staying the first night with friends in Virginia, we arrived after a day of easy driving at Noel's, still single. As always, he was a gracious host, owner of a sensible but well-maintained home. His practice of buying and selling homes as he was transferred around the company proved to be economically rewarding. I don't know whether he liked his job in its own right, but years later when he was offered a retirement package at the age of 50, he took it, and to my knowledge, has never worked 9-5 job since. Noel was working 9-5 when we arrived though, so during the day we were left to our own devices around Raleigh, Chapel Hill, Durham and the surrounding areas. Open to guidebook suggestions, we went to the North Carolina Botanical Gardens in Chapel HiIl. We walked the displays of native plants, violet-purple iris, milkweed, wood anemone, maidenhair ferns, wild indigo, water-plaintains, bluestars. The Gardens have a display of carnivorous plants, pitcher plants, Venus fly traps, along with their orchids and lilies. I found a very tiny spider among the carnivorous plant displays, picked him up with a leaf, and deposited him into a Venus fly-trap, which promptly, as advertised, closed its tender petals. The wispy trigger hairs of the plant quite quickly formed a bars-of-a-jail cell effect as the plant's leaves closed reflexively – I could see the tiny spider, looking out, as forlorn and puzzled as any prisoner would be. At the time, I had nothing to say to him, and regretted somewhat causing his fate. With the advantages of hindsight and advancing years, today, I might encourage him with words of sympathy – "you and me both, brother," a final salute, issued nunc pro tunc. Erma and I went to see a movie in the evening. Mr. Hulot's Holiday. Monsier Hulot, the French actor Jacques Tati, "decides to vacation at a beautiful seaside, resort. Rest and relaxation don't last long, given the gangly gent's penchant for ridiculous antics." Released in 1954, you have to be in the right mood to see this slapstick farce. Erma and I were nearly alone in the theater, it was a Tuesday evening. We were in the mood – I laughed hard. Erma laughed uproariously, full volume. I never heard anyone laugh so hard – her cackles filled the theater – no nook or cranny escaped the piercing volume of her laughter. Many times. How can you not fall in love with a girl like that? If anyone else was in the theater at all (maybe one other couple), they certainly knew they weren't alone. The next day, we visited Duke University in Durham. The lawns and grounds were green, immaculate, carefully maintained; the buildings, the Chapel, all were elite-college campus beautiful. I daresay visiting parents longed to expend vast sums of money to send their children there. After walking around for several hours, near the end of the day, we found a small restaurant/coffee-shop. Because of the day and hour we were again nearly alone. The shop featured a strawberry desert, loaded with whipped cream. They were the freshest, sweetest, most flagrantly-and-fragrantly-delicious strawberries imaginable. It was a lifetime trophy desert. The taste, the aroma of the strawberries filled our noses, our palates, our tongues – our sweet, ripe taste buds went off like bells. Erma was just swooning with joy. It seemed as if we just sat and ate for hours (which could not possibly be true), as if the strawberry dessert stopped local time to go on forever. These strawberries had royal, domestic, South American and continental antecedents. According to Wikipedia, the garden strawberry was first grown or bred in Brittany, France in the 1750s by crossing Fragaria Virginia from eastern North America with Fragaria Chiloenses, brought from Chile. The French began harvesting wild strawberries in the 14th century. Strawberries were added to cream in the Court of King Henry VIII. What can I add to that? World production of strawberries is in excess of nine million tons, and not a strawberry too many. After we had spent a few days at Noel's, we drove east to go to the Outer Banks of North Carolina. The Outer Banks are a resort area, but wilder, less cultivated than the homogenized resort areas one sometimes visits. We rented two separate hotel rooms to stay in the area around Kitty Hawk. I had sexual relationships prior to becoming a Christian. Erma had many dating relationships, but had learned her sexual ethics as a teenager at a conservative, evangelical church and drew a line she believed in. We did not sleep together on that trip. It helped to make our dating relationship simple, clean, pure, uncomplicated. (Our physical relationship began on our honeymoon - when Erma exited the bathroom and entered our bedroom the evening of our 11 a.m. wedding in Bear, Delaware. We had driven to a bed and breakfast in Milford, New Jersey, Linda and Rob Castagna's Chestnut Hill on the Delaware River. Looking at the teddy-bear decorated bed and room in the honeymoon suite and at me, Erma asked, "do you think we should pray?" I answered, "I already have.") But that wedding ceremony day was still in our distance, like a beckoning city on a hill. The next day on our excursion to North Carolina, we traipsed about on the Kitty Hawk beach. It was not yet warm enough for swimming; the beaches were nearly empty. I discovered that small fish, mullets or small kingfish, filled some of the deeper surf pools and beach ponds left by retreating waves. There is a picture of me taken by Erma, bending over at the waist, looking down, with my pants rolled up as I stood in the middle of one of these surf pools, wearing a plaid shirt with the sleeves rolled up, trying to catch little silver fish with my bared, cupped hands. Trying to catch small fish by hand was a predictably unsuccessful effort, but loads of fun to try. I looked perfectly ridiculous, and we were perfectly happy. On our trip back in the silver Honda Civic from North Carolina, driving north to Wilmington and Phoenixville, we sang hymns on the road. Neither Erma or I have any musical talent at all - neither of us can carry a melody. But there was no music critic in the car, no one to be distressed. We sang "Fairest Lord Jesus," in toneless acapella - it fit our mood and excursion well. _______________________ I was interrupted in my coffee-house reveries by a young man, of Asian background, whose face I recognized, but whose name I didn't know. He had been listening to me a previous week, when I was proclaiming out loud verses from the Book of Revelation, the lake of fire verses, the judgment verses, on a previous morning when the coffee house was much emptier than it was that Saturday evening. His interruption lead into quite an extended discussion, carried out over three locations in the coffee house. "Hello," he said. I responded with my own 'hello.' "I saw you here the other week. You were reading out loud. I was standing over there" – he indicated where he had been standing when I had my brief confrontation with the coffee house manager, Jen, over reading Bible verses out loud. I nodded 'yes' and offered my hand and introduced myself. "My name is Qi," he introduced himself with a small but perceptible bob of the head. His English was good, with a slight British accent. Qi looked to be in his early twenties, fifty years younger than I. His hair was black parted on one side, his chin and cheeks clean-shaven, his eyes brown, his lashes somewhat long, his build slim, probably 5' 10" in height and weighing 140 or 150 pounds, wearing blue jeans and a neat maroon pullover jersey. His facial expression was respectful, intelligent and friendly. "I wanted to ask you. Why were you reading out loud? And why did you choose those verses?" I had to think to recreate my thoughts and mood the previous week. "I can't answer that easily. God moves inside me without giving me explanations. Why those verses? I felt like I wanted to get somewhere - we ought to get somewhere. I saw those verses on the path." "I heard what you said to the manager. The owner doesn't mind?" His expression suggested that people reading out loud in a coffee house crossed a line in the culture he came from. "No," I told him, "the owner doesn't mind." We paused our conversation for a moment, so Qi could find a way around the bench and people to squeeze in opposite me. He was sitting right next to the strawberry-eating couple, also seated across each other on the bench, as I was. "Do you work, or are you a student?" I asked. Qi explained his background to me, responding to my questions. He was 23 years old, a graduate student seeking a Master's degree in statistics from the graduate department of a nearby university. He was an exchange student, a resident of China, whose family came from near Beijing. Much of his life was not spent in China however. His father was an investment banker, and they spent a number of years in different countries and cities, including London, where he learned as a teenager to speak English well, and learned his slight but discernible British accent. He was one of three children, and had two sisters, one older, who was married and living near Shanghai, and one considerably younger sister, who was living at home near Beijing, where his parents had returned. I asked him about China's one-child policy and he explained that his father had sufficient resources to obtain relief from the rule. Since the first child in the family was a daughter, apparently this exception was not difficult to obtain with respect to Qi. Having official sanction for having a third child was more difficult, but by then his father had political and economic connections. By this time the strawberry dessert-eating couple had left. Their seats were taken by others so it wasn't always easy to conduct our conversation. The coffee house was noisy, there was music in the background and people were sliding behind us at times to reach seats further down the long benches on which Qi and I were seated. When I paused my deposition-like questions, I asked if he attended any local church. He did, he explained, and had been for about a year. "What did you think when I read those verses out loud?" I asked. "How did you react?" "I like hearing the Book of Revelation read aloud. It doesn't often get read out loud. When you hear a sermon, somebody tells you what to think about it. There's always a doctrine or a system. Everything has to be explained." He thought for a few moments. "There's more in the words, than there is in the explanations." He said, and I quietly nodded in agreement. "Well, if you just listen to the words, read by somebody else, you wouldn't have a system," I offered. "You might have a language, though. A set of mutual symbols. Even if we didn't agree on what they meant." He listened to what I said and we talked about language, and symbols. His criticisms of symbolic language were well-thought out; a person whose native tongue is Chinese understands well the strengths and weaknesses of symbols to communicate. I suggested that symbols and graphic pictures cut through many language systems. The phrase "a woman clothed with the sun," eludes precise rational understanding, but it's an accessible image everywhere. We had the mutual and considerable pleasure of two people speaking thoughtfully to each other. "You don't agree with any systems about it?" I asked, meaning the Book of Revelation. "I don't know. My church teaches a system." "Which one is that? Dispensationalism? Premillennialism?" "Yes." "The Rapture, any minute. The Jews left to face the anti-Christ." "Yes. Yes." "You're not defending it very hard," I suggested. His facial expression indicated that I had discerned his feelings accurately. "Is that what you believe?" Qi asked me. "No. I'm a Postmillennialist. I believe in the Great Commission. Christ gave us an order. Go into the far reaches of the world. Convert the nations. So we will succeed. It's the prayer he taught us. 'Thy Kingdom come. Thy will be done.'" "How does reading about the burning lake of fire out loud, help that?" Qi queried. "I'm not sure. Does the Spirit have to explain everything to me? I respond as I'm called. But I think everybody wants good news. Ask them, and they'll tell you the world is a mess. But then they want good news - warm and reassuring. God's judgment in a burning lake of fire is a very unpopular topic. But it wakes people up. It made you ask me questions." "Do you think bad news is more likely to win converts?" Qi was looking at me with a certain amount of respectful skepticism. "I think telling people the truth helps people see the truth." "But you, too. You didn't recite the burning lake of fire verses with a big smile on your face." "Perhaps so. Me too," I admitted. "Maybe there's enough bad news already," Qi suggested. "Sufficient unto the day is the evil thereof. That's true too. You're right. But why are all those burning lake of fire verses there? Fierce warnings, aren't they?" I asked rhetorically. "Maybe it's the bad news that already exists. Maybe the world loves judging. Maybe the world needs judging. There's a lot of judging inside of us already." As he said this, I thought I detected some personal history in Qi – perhaps his father was a judgmental person. "I think it's a warning - a guide and a look to the future. But I'll be careful about trying to interpret it, with you around. I'll let the words be the words. Burning lake of fire and all." I raised my hands slightly to indicate surrender – the acknowledgment of my limitations. "Don't some people believe the whole book was just meant for the 1st century Christians? They think it all relates to the destruction of the Temple in Jerusalem by the Roman armies. That's it – nothing else." Qi's knowledge suggested some study; his tone suggested questions, perhaps questions deeper than interpreting the Book of Revelation. "Are you a preterist?" I asked him. I wasn't sure whether his question was a narrow, specialized question over eschatology, or rather a deeper question that any young person might have, about whether the whole structure of religion is connected to anything real at all. "I'm not sure what that means," he admitted. "About what you said. Preterists believe most of the Book of Revelation has already been fulfilled. It was a warning for the 1st century, for the early church. A tract for the times. Now it's done – it has no future significance," I explained. "If that's what you're asking." "No, I haven't thought about it much, but don't think I think that. How about you?" Qi asked. There were questions in this young man, but I didn't know quite what they were. "I think it's prophecy. The Word of God to us. It's no more fulfilled and done than the Sermon on the Mount is fulfilled and done. Does that answer your question?" I returned. "I guess we'll never know, this side of Final Judgment," he offered. "Maybe we just wait for the Rapture?" "It makes a difference now. It changes how we act, because of what we expect. If all you're doing is sitting around here, waiting for the Rapture, that's one kind of answer. But I'll buy you a cup of coffee, and we can wait together." As I was about to get up to buy coffee, a young woman, talking to her friend following behind her, was trying to make her way behind the bench to a seat. She was holding a sandwich on a plate and a glass. Someone moved on the crowded bench, not knowing anyone was behind him, and bumped directly into her. Her sandwich spilled and tumbled across the back of an unshaven but pleasant-looking blonde young man and onto the floor. There, visible for the world, near Qi's feet, were the ingredients for her sandwich, two slices of multi-grain bread, two chunks of avocado, two generous slices of tomato, and a large stack of bean sprouts, scattered across the floor along with a slice of dill pickle. She moved back apologetically, waving the now-empty sandwich plate in her hand, obviously embarrassed. The young man stood up, rather mildly and saw who had spilled sandwich fixings on him. He didn't seem angry - he was apologetic and rather embarrassed himself. No one quite knew what to do. For a few moments the two of them milled about each other in rather disorganized fashion. The coffee house manager was nearby. She saw what had happened and signaled for a staff person to assist. Qi and I both stood up to move out of the way and sidestepped our way to leave the benches and table. As we were moving, I made brief eye contact with the manager and we mutually and quickly nodded. I didn't want her to think I had been a problem again, but she saw I was an innocent bystander, not an repeat instigator of disturbances. While the clean-up was being accomplished, Qi, seeing our mutual nod, asked if I knew the coffee house manager. "Yes, her name is Jen Geddes. She's a Christian. She's nice – a calm person." We watched the cleanup. I thought I would share a bit more, thinking still about what Qi's questions might be. "Years ago, she was in the newspaper, picture and all. She had a bit of a temper. I think she came from a very fundamental background. She was in a church, and for whatever reason, something was going with a visiting pastor she definitely didn't agree with. She expressed her theological disagreement by shouting out loud, picking up a stool, and heaving it at this visiting pastor. She actually hit him with it and there were disturbances in the church. The police had to be called. As a sentence I think she got what is called ARD, a non-trial diversion. It usually means she had to do some community service and get some counseling. I was practicing as a lawyer at the time, so I paid attention. Some years later, she got the job here. I recognized her when she started. Very calm - very welcoming to everybody these days. I never talked with her about it. I always wanted to ask her what it was about. Part of it was reported in the newspaper – apparently, whatever it was the visiting pastor was saying, her response was along the lines of "are you really going to say that, in my ear?" The cleanup was over, but Qi and I found a different place to sit and resumed our conversation. He wanted to know more about the type of law I had practiced, which was a general community practice. We started talking about the law and about the U.S. Constitution and some well-known constitutional principles, which were not, as Qi described, the rule or norm in China. He described a culture and circumstance in China which might be characterized as intense and ubiquitous favoritism. "We have those problems here - in a big way," I acknowledged. "You have laws about it, though. In China, there is no law to appeal to, to correct such things. The party is the law, and the party officials who operate without needing any approval." "We do have laws," I acknowledged. I narrated for Qi a United States Supreme Court case, which is a staple of the Constitutional Law curriculum in law school. "In San Francisco, around 1880, most of the laundry workers were Chinese. Laundries used heat in wooden buildings. There was a statute that said you couldn't operate a laundry without a permit. The statute itself wasn't crazy - there was a genuine fire risk with boiling water used in the laundries – not a joke in San Francisco. But Yick Wo had been operating his laundry for years, when he was told he couldn't operate his laundry anymore without a permit. Unfortunately, if you were Chinese, you didn't get a permit. If you weren't Chinese, then you got one. Yick Wo was fined for operating without the permit, and he couldn't or wouldn't pay the fine, so he was put in jail. The Supreme Court ruled that the administration of that permit law was unconstitutional – even if the laundry owners weren't citizens. Even if the law itself made sense considered in isolation. The Chinese laundry owners still had a right under equal protection, under the equal protection laws of the 14th Amendment." "You would not find such laws in China," Qi lamented. "Well, it took us years to take the legal principle serious," I told him. "Taking your principles seriously takes time." Our conversation continued. We talked about Chinese coolies and how they worked. We talked about Christianity in China. We talked about the beginning of the movie Crazy Rich Asians where they're having a Bible study. We talked about missionaries and Hudson Taylor and the Chinese Inland Mission, and when Qi's family had become Christians. We talked about wars in Asia – in the Pacific against Japan. Qi had a very distinct opinion about the treatment of the Chinese by the Japanese in WWII, which flowed over to his opinion over disputed islands in the South China sea. We talked about the wars in Korea and Vietnam. We talked about Mao, and Communism and the treatment of Christians in China during the cultural revolution. Qi's family had suffered and practiced their faith in secret, but had emerged. We talked about the Three-Self Church in China. "Sanzi Jiaohui" Qi explained, trying to help me to pronounce it correctly. "But my family has spent so much time overseas, it was not critical to us. We didn't argue about religion, we argued about how many hours my father worked." He looked not as happy making this last statement. I decided to change gears altogether. "You'll be married someday. You'll have a wife and probably children. Do you have a girlfriend?" I asked. "Yes. But she is in graduate school in Michigan now. So I only get to see her on vacations. Sometimes we meet in Chicago. We are making some plans, but they have to wait. We text. She likes it, but she thinks it's cold there." We talked about the weather in China, and in the U.S. We moved our location one more time, when a booth opened up. Time passed, but the Rapture still lay in the future. In the meandering talk and silence of our time together, we made friends. The Holy Spirit, as known to coffee houses as He is to great cathedrals, entered somewhere. Eventually Qi said it was time for him to get back home, and we parted company with the idea that he would be back in the coffee house, and we would have a chance to talk again. Perhaps further, on the Book of Revelation, he suggested. ___________________ And in the Spirit he carried me away to a great, high mountain, and showed me the holy city Jerusalem coming down out of heaven from God. Revelation 21:10. Those trained in theology and ministry should present the bulk of the inspired message of Rom. Ch. 12-15. But there is an element of those passages I want to address. I have a law degree, was valedictorian at law school, have practiced law for many years, and have held elected office. I serve as a volunteer on various boards with legal and executive authority over substantial matters. The business of law and government is something with which I am familiar. Although words like "law and government" don't sound San Francisco hippy-ish, don't seem to blend into a coffee-house or a road trip to the last chapters of Revelation, that is my direction now. Rom. 13:1-10 is my topic. Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. Rom13:1a. The passage is central. It does not stand for, nor should it be understood, to be a command to political authoritarianism. It is an invitation to law, to legitimacy, to ascertaining the will of the people in a democracy, enacting that will within the confines of a constitutional system, and then respecting the laws that flow therefrom. Within the world at large, we may be subject to, or may become the governing authorities – but we are always Christians. The Apostle Paul had multiple purposes in so writing – he had a concern with the relationship of Christians to the outside world and to the political authority of the Roman empire. Paul was also concerned about how Christians relate among ourselves. Christian religious/political conflict among ourselves has been a challenge for Christian theology. Theological disagreement may be the reason or the excuse for the ecclesiastical, political or social separation of Christians. Once reasons develop, theological disagreement, leading to differing communions and groupings, becomes the vehicle for separation. As the Reformation commenced and continued through the 16th and 17th centuries, it appeared the immovable object had met the irresistible force. When Christian conscience met Christian government in vehement disagreement, the results were tragically unacceptable in individual cases. Theologically, the issues have never been resolved. One person wishes to pray to the saints, another does not, one expects an early Rapture with no warning, another does not, one thinks the Holy Spirit proceeds from the Father and the Son, another does not. There are innumerable such differences. The continuing disagreements demonstrate that we have no recognized method of either resolving the dispute, or even a recognized method of staying in communication with each other. The argument continues unresolved. The fallback position for various Christian disputants is spiritual distance and intentional distancing, and attrition over time. Politically, we have addressed the most negative consequences of those 16th and 17th century conflicts by privatizing religious conscience. The results of privatizing Christian conscience are only partially satisfactory, as the 21st century is demonstrating. Organizing a better society is problematic, if each Christian has no greater loyalty than to his or her conscience. Conscience slides into self-will. Beyond denominational or theological boundaries, no one is able to present, to debate, to respond, to adjudicate, to give, or to obey an order issued by a recognized body of Christians, on any issue – not just very large important issues. All issues are 'off the table,' as it were, beyond joint resolution. No one could today post 95 theses on the door of a church and have an audience. We are stalled on Christian conscience-autonomy. No one says 'my conscience is God' but that is the net result. Each spider sits on her own web. The Old Testament analogue is the Book of Judges. The civil and political theory and authority that God has established pertinent to us, and to all, has been two thousand years in the making. The development of this theory is an argument for and an example of common grace, extended by God to all, who makes his sun to shine on the good and on the evil, and sends his rain on the just and on the unjust. "All peaceful beginnings of government have been laid in the consent of the people," John Locke, the British philosopher wrote in his Second Treatise on Government, Sect. 112. His work was instrumental in the framing of American constitutional ideas. Within the United States, we are both the governed, and the governing authorities. Perhaps odd, perhaps obvious to say, but if we as Christians want to reach the heavenly city of God, we have to be capable of governing and being governed by each other. This does not suggest extinguishing the ordinary and necessary debate and contentions that accompany civil and religious life. But at some point, a methodology of decision-making has to be established. Decisions are to be made, and they have to be respected. These 'decisions' are Christian decisions, critical to the communications and communal life of all Christians. That is not intended as a challenge to fundamental theological positions. When our government formed, Maryland did not become Pennsylvania – each state assigned certain powers to a federal government, and retained the rest. Lawful is not lawless, even where there is hard questioning and debate over what is really or ought to be 'lawful.' There are many different ways to connect with each other in the exercise of our Christian faith. Our movement toward the Jerusalem from above is obstructed, if we are situated like a collection of hermit crabs, each communion barricaded in its own shell of theological position, ecclesiastical organization and personal conscience. The authorities that exist have been established by God. Rom. 13:1 b. God created and enables all things, in providing the motive power for all events, outside of whose permissive will nothing ever can happen or could happen. Such establishment includes "the authorities that exist." As Jesus said to Pilate, "You would have no power over me if it were not given you from above." God is the source of lawful authority. The present state of world and national affairs, including our legal and political structures, is not accidental. It may be temporary, or cause us to pray "How long, O Lord, will the wicked by jubilant?" But if we cannot obey our own lawful authority, exercising decisions derived from faith, there is no possibility of building a genuinely lawful structure. If we cannot debate our Christian statements, decrees, findings or laws, enable and enact our Christian decrees, respect or obey our Christian laws, because they come from the authority already announced and ordained by our God and Savior, we're not going to move. We are stranded in the valley of stasis. I am postmillennial, a believer in the Kingdom of God that comes into this world. The extension of Rom. 13:1 b is necessary. This verse sends us forward, makes us look to the future. The current set of authorities have been established by God. The next set of authorities will be established by God - and the next set, after that. We want this set of authorities, each set of authorities, to be better, more Christ-like. When we say more 'Christ-like,' it is not reasonable to expect that denominational and theological differences are going to evaporate. We want to be Christ-like as we assume, or obey, or exchange, this developing authority which expresses itself in constitutional forms among us - not because it results in theocracy or theonomy (or any other system of being ruled by the laws of the Old Testament). Rather, we remember that the "authorities that exist" may be us, or may not be; and if we're not holding office at the moment, we may retain our theological positions or political differences. Do unto others as you would have them do unto you, has special significance when we are talking about different groups of Christians contending over beliefs, ideas, or courses of conduct which may be supported and advanced by force of decree, statement or law. If we are going to move toward a more complete Christian community, theological convictions count, inspiration counts, but also, impartiality counts. We want the debate (and the penalties for losing the debate on whatever topic is at hand) to be just and impartial. The rules, the conduct, the doctrine, whatsoever it is under discussion, and the statement or law that issues from them, or us, are to be impartial. The means and procedure of discussing, debating, challenging or appealing the decision regarding the resolution of Christian issues, have to be impartial. Due Process is a legal term but it paves a spiritual road. It means notice of the issue at hand, before the time and place of decision, and the opportunity to be heard on the point by the decision-makers. We hope valued impartiality flows into our political and national lives. But whether it does or does not flow nationally, we have to communicate these exchanges and accord this due process among ourselves in an impartial manner – and then voluntarily respect the outcome. The amorality of the present state of our national political life is not ultimately acceptable, but neither it is acceptable to go back to the political situation, rife with religious persecutions, that characterized Great Britain (and here in New England) in the 17th century. We do not criminalize people with whom we disagree. We will not move toward a golden, millennial age until we capture solutions to both sets of problems – spiritual unity which enables voluntary association and cooperation, and spiritual dissent. Our risen Lord Jesus has set us a mid-term examination. God has graciously provided us guidance. As explained by Locke in his Second Treatise, sect. 131: And so whoever has the legislative or supreme power of any commonwealth, is bound to govern by established standing laws, promulgated and known to the people, and not by extemporary decrees; by indifferent [impartial] and upright judges, who are to decide controversies by those law; and to employ the force of the community at home, only in the execution of such laws; or abroad to prevent or redress foreign injuries, and secure the community from inroads and invasion. And all this to be directed to no other end but the peace, safety, and public good of the people. The peace that Jesus confers - "Peace I leave with you, my peace I give unto you" (John 14:27), connects to this Lockean peace, safety and the public good. The kingdom of God ("Thy kingdom come," Jesus taught us to pray, Mat. 6:10, "on earth as it is in heaven.") and "the leaves of the tree are for the healing of the nations," Rev. 22:2, converge on this peace. They are intended for this-world Christian implementation, and this implementation and obedience to God's will is not beyond us. John Locke described the "peace, safety and public good of the people" in terms that were attainable. He presented his solution at the time of intense religious persecution that frequently was the excuse, rather than the reason, for political persecution. The experience of the Amish community in self-regulation provides some useful guidance. The Nashville Statement, signed initially by more than 150 evangelical leaders, affirming what is set forth or implied in Scripture about sexuality, particularly Romans ch. 1, is a productive step toward our self-regulation and our movement toward a Holy City. The Nashville Statement engendered disagreement and resentment. Nor do I endorse all views, on all issues, of those Christians who developed the Nashville Statement. The point is to cooperate as actively and as far as we can, but no further. Theological statements and decisions are presented to address conflicting positions. The resentment within large elements of our national society, of the Christian position on the sexual issues addressed in the Nashville Statement, is intense – but that is acceptable. Disregard of God's Word engenders its own consequences. We want to be frog-marched off the Titanic of modern secular culture and nominal Christianity - thrown unceremoniously into a little lifeboat named Jesus and the Bible. We expect to be marginalized with the world's imprecations following, as the Titanic leaves us behind. We may bob in the ocean of broad societal disapproval for a short season. It's not hard to see the iceberg coming. After the iceberg has done its work, we, the Christian community, build a better world. We may communicate our own internal understandings and direction without surrendering those theological positions which are essentially non-negotiable. John Locke calls out the following elements in the above-recited passage: legislative power, established law, impartial judges, a judicious use of 'force' to execute such laws, directed to peace, safety and public good – and we would add, for the community of our faith. The challenge is to connect that political peace, of which we are clearly capable, with Jesus' spiritual peace. The alternative, the Valley of Christian Stasis, is incapable of being characterized as good faith. That is not how the Book of Revelation ends. To disconnect the two kinds of peace, to say that the peace that Jesus provides is always and forever not of this world, is to take a position on eschatology. That is to take the position that the Kingdom of God is not coming (despite praying "thy Kingdom come") in this world except by the visible return of Christ but in no other way. It is to take the position that the Great Commission does not fully succeed (apparently, then, a command to partial failure?). It is to take the position that the ending of Romans ch. 16 ("so that all nations might believe and obey him") doesn't count. If the Kingdom of God is coming in this world, then those good ends that John Locke asserted - peace, safety, the public good - have to be realized in the context of a multitude of Christian expressions (the 'Seven Churches' of Revelation), giving rise to our City in Motion. The political events of the last two thousand years include what has politically taken place in this country in the last 250 years. We may begin with the Deist-influenced proclamation of the Declaration of Independence (which, despite its Deist influences, repeatedly and insistently invokes God, the Creator, the Supreme Judge, and Divine Providence), which is also directly of God. The Declaration of Independence, like all other expressions of common grace, is directed by and under the authority of our risen Lord, Jesus. Pilate's authority derived from Roman military and civil power gets the benefit of God's imprimatur, as spoken by Jesus. Then surely also so does the Declaration of Independence, the U.S. Constitution, and the Federalist Papers. We have political tools. We need to use them. We don't want to supplant the state, we want to create a miniature of a Constitutional and legislative system, for ourselves, entered into by three gates: by Christian faith, by subscription to the doctrine of Scriptural inerrancy, and by a commitment to a forward-looking eschatology. Beyond that, once through those gates 'of the outer courtyard,' we acknowledge a diversity of views, a gathering of seven churches, a lively exchange of ideas. We will make and find our city and move toward peace, joy, and the enjoyment of the presence of God, characterized by our love for God, and our love for each other. There, we will be in a position to lead useful and interesting lives and have enjoyable and interesting discourse. We do not resurrect the past, look to the past, long for the days of ancient Israel, look for theocratical forms of government, or long for the days when our particular theology will be adopted by everyone. Christianity is just beginning. "By calling this covenant new, he has made the first one obsolete. And what is obsolete and aging will soon disappear." Heb. 8:13. The orchestra is just tuning up - we're barely getting started. I have no use at all for nostalgia. To quote a modern theologian, Greg Bahnsen: Postmillennialists believe, therefore, that the kingdom of God will gradually grow on earth, visibly, publicly, and externally. . . It will grow through the gradual conversion of the nations – through the preaching of the Word of God. . . . This salvation of many people must have visible expression and influence and be seen in an outward culture in society. (Victory in Jesus, Bahnsen, CMP 1999, p. 27). (See also, Postmillennialism, an Eschatology of Hope, Keith A. Mattison, P&R Publishing, 1999; The Victory of Christ's Kingdom, John Jefferson Davis, Canon Press, 1996; Prophecy and the Church, Oswald Allis, Presbyterian and Reformed Publishing, 1978 (critique of dispensationalism); He Shall Have Dominion, Kenneth Gentry, Apologetics Group Media, 2009 (thorough defense of postmillennialism); and An Eschatology of Victory, J. Marcellus Kik, Presbyterian and Reformed Publishing, 1971) ("the Holy City is situated in time and history . . . " p. 245). (Noting also with all these authors, that their theology is learned, their eschatology is inspiring, their legal and political theory needs better direction.) Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves." Rom:13:2. Paul instructed Christians in the Roman Empire, where we began as a tiny minority. Stay out of trouble, direct your energy away from rebellion, stay away from political revolt or disobedience. Move in our spiritual life and the witness to the growing faith. Paul was concerned about building the church locally and across geographical distances and cultural groups. It was the Holy Spirit saying, "it's okay to obey the Roman authorities – in fact, you should, this is part of your obedience to me, unless (as is clear from the Book of Revelation), you are being asked to deny Christ or otherwise blaspheme." Christ warned his disciples to stay clear of the military and political disaster coming because of the Jewish rebellion brewing against Roman authority in his pointed discourse at the Mount of Olives. In whatever direction we decide to move, it must meet the fundamental standards enunciated by Paul. For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and he will commend you. For he is God's servant to do you good. But if you do wrong, be afraid, for he does not bear the sword for nothing. He is God's servant, an agent of wrath to bring punishment on the wrongdoer. Therefore, it is necessary to submit to the authorities, not only because of possible punishment, but also because of conscience. That is also why you pay taxes, for the authorities are God's servants, who give their full time to governing. Give to everyone what you owe him; if you owe taxes, pay taxes, if revenue, then revenue; if respect, then respect; if honor, then honor. Rom. 13:3-7. Christian, don't do the crime, if you can't do the time. The bearing of the sword is intended for punishment. The state has a monopoly on the use of force, for a good reason. Generally, Christian conscience acts in conjunction with the state (but not always, see, e.g., Martin Luther King's Letter from a Birmingham Jail). In his Letter to the Romans, Paul meant a number of different things by 'the Law,' understood by context: the Ten Commandments, the Law of Moses implying a special revelation of God's will to the Jews, natural law available to and applicable to all people, spiritual law to be followed by Christians out of obedience to the gospel, the law of love, Roman civil or criminal law to be obeyed at the risk of punishment, the law of conscience, including accusations or defenses of conscience, the law of interior struggle with sin, sin and death itself, and the new life of the Spirit - all are referenced in Paul's letter, all characterized in his writing as or associated with the Law. The Law shows us our sins by holding up a mirror to our conduct in the light of God's Law, sending us to call on Christ's atoning mercy. The Law protects the weak from wrongdoing at the hands of those stronger and is essential to a civil society. The Law in all its forms and expressions is surely the great chain, wielded by an angel, which binds Satan in Rev. 20:1 and 2. As the Holy City comes down out of heaven as described in the 21st Chapter of Revelation, it is not described as the City of Law. By implication, the City may be protected by Law. Law may reinforce its walls and its gate. Spiritual law may flow from and through the Church to separate those who may enter the City of God from those who may not. But the Holy City's light, foundations, jewels, gates, streets, river, fountains, or its Tree of Life are not described in terms of Law. In the Sacred City of divine and human joy, where Christ reigns by acclamation, by love and by power, the purposes of the Law have been fulfilled. Lawlessness has no place in the City as it can never enter in. The Abyss may be escaped, only to give rise to further battle and fire, but the Holy City is prepared as a bride. The description of the Millennial City calls us to something higher, further and more perfect than Law as a goal and end of human society. The Law has a purpose and an end, and it reaches fulfillment in Christ's work on the Cross. In a more perfect society, where equity is done everywhere, there is no need to petition a court of equity for relief. Where love and trust are more perfect among people, no judge is needed to assert jurisdiction, hear argument or rule for one party or the other. In a meeting with our beloved, we who love fold our papers, close our law books and put our contracts aside. Their purpose has been served. Love keeps no record of wrong, so we may leave the courtroom. We go to meet for a wedding ceremony and a feast. The beauty of the meeting calls us to travel the road. Questions arise about doing right, what obedience means, in a Constitutional democracy where we are asked to play a part. The part we play nationally, whatever it is, to which we are also called and from which we refuse to be disenfranchised, is not the same as the spiritual movement we pursue among ourselves. We are called to something higher than the surrounding political confrontation and factionalism (not an easy problem to solve; see Federalist No. 10 – Madison thought the danger of factionalism would be solved by the new Constitution, and clearly that has not been the case). John Locke thought the solution was self-evident. "[F]or nobody has an absolute arbitrary power over himself, or over any other, to destroy his own life, or take away the life or property of another. . . Thus the law of nature stands as an eternal rule to all men, legislators as well as others. The rules that they make . . . must be conformable to the law of nature, i.e., to the will of God . . ." 2nd Treatise, sect. 135. To say something must be conformable to the will of God, or the law of nature or an eternal rule, has proved to be guidance not so obvious, beyond the first application, of not destroying life. Many Christians are united on this point at least. Given the number of abortions being performed annually in the United States and western world generally, even Locke's standard of 'not taking away life' appears to have given way to a notion of personal rights that is practically unlimited in its scope or application. In the case of abortion on demand, the notion is tragic on a massive scale, leads to infanticide (and the purposeful abortion of Downs' syndrome babies), is contrary to God's will, is destructive of our national political fabric, and presents an irresistible temptation to federal courts to exceed their Constitutional jurisdiction and intended scope of authority. Next to the Dred Scott decision, Roe v. Wade is the worst decision ever made by the U.S. Supreme Court, and its consequences have been destructive. The decision raises political problems regardless of religious faith – there is no serious legal question of any type that cannot be formulated into a query about individual rights and then answered in such a way as to make individual rights (defined to assure the preferred outcome) preempt and supersede any other type of right. In the case of abortion, all that is necessary is to deny the definition of human life to children in the womb. The definitions decide the outcome. When we now use the term 'civil rights' the meaning is – rights of the individual. In current judicial reasoning, advancing individual rights is always expansive of the good, as long as the individuals are out of the womb. In current judicial reasoning, the rights of the group are nearly always oppressive, subtracting from the net benefit of civil society. My civil rights cannot be added to the civil rights of my fellow citizens, in such a way as to develop a society promoting religiously-based ethical views. One hundred thousand people may not be lead in prayer at a government-sponsored or funded event, if one objects. If it is necessary to justify protecting children in the womb from destruction by making a religious argument, because the definition of the beginning of life implies theological and ethical reasoning, then the destructive consequences of advancing individual rights above other rights are wrongly justified as compelled by the implied language of the Constitution. An intellectual shell game has been played by our federal judiciary, of which Roe v. Wade is the most notorious example – get the definitions right, set up the conflict as the individual vs. the group (included in 'the group' is any assembly of state legislators) – and the desired judicial result will pop out like candy from a dispenser. From this Christian's viewpoint, and I am also a citizen of this nation, this is unacceptable. As an individual, my name is not "Congress," as in the 1st Amendment ("Congress shall make no law"). The idea that ethical decisions, which result in law, may not have religious foundations, is to be rejected. The idea that I may not join with others to vote for or to pass laws which at some point in their chain of reasoning, rely on religious belief or revelation, is to be rejected. A method of judicial reasoning which relies on carefully-crafted initial definitions and nomenclature to avoid the obvious, observable acts of medically terminating life, with the resulting infant body parts available for marketing, is to be rejected. Political acts which have ethical foundations, which themselves have religious foundations, are ordinary acts of Constitutional self-rule, not the establishment of a theocracy. We will do better, because God will compel a better result. The City of God is a promise to seven churches, standing for a society of communities engaged in the voluntary worship of God and obedience to Christ. Discovering the will of God, in our own relations with other Christians, raises harder questions than challenging bad national law or opposing abortion on demand. Discovering God's will mean moving forward to our own better self-governing society, even if we construct a model first on a 'table-top,' as it were. I quote a passage from Locke which will have a familiar sound to any reader familiar with the Declaration of Independence: Great mistakes in the ruling part, many wrong and inconvenient laws, and all the slips of human frailty, will be born by the people without mutiny or murmur. But if a long train of abuses, prevarications, and artifices, all tending the same way, make the design visible to the people, and they cannot but feel what they lie under, and see whither they are going; it is not to be wondered, that they should then rouse themselves, and endeavor to put the rule into such hands which may secure to them the ends for which government was at first erected . . . 2nd Treatise, sect. 225. Locke observed that the people may "rouse themselves." Indeed, 'rousing ourselves' is essential. But in what way did the Apostle Paul view 'rousing ourselves?' The difficulty with Paul's passage in Romans ch. 13:3-7, is its static nature. Those admonitions made sense then, for a small religious minority in a vast pagan empire. The Roman authorities were there, and the Roman Christians submitted to them, and were grateful to God for the opportunity to worship him in peace. There was no political development implied; it was intentional separation from Roman interference, by giving no cause for offence, for purposes of Christian religious practice. A difficulty with the passage of Locke cited above is that it takes the matter one, but only one, drastic step forward. If the authorities are inflicting a "long train of abuses . . . all tending the same way" then the people ought to put "the rule into such hands as may secure to them the ends for which government was at first erected." Locke's concepts are binary, but they also will become static – either the people accept the "great mistakes and wrong laws without mutiny or murmer" – or, as the American people did in 177 6, they "rouse themselves" to "put the rule into such hands, etc.," in other words, to put governmental rule into American hands in the legislatures of the American states. Continuing, aspirational movement was not contemplated by John Locke either. The wasn't the problem he was facing 320 years ago, but it is a problem we are facing now. There is much the Book of Revelation does not do. There is one thing it does do, beyond its powerful encouragement in the face of persecution – it says, 'look, there's a goal here, a destination, and we want to get to it.' The Book has an end, and the end is a City. The Great Commission is equally dynamic – Jesus telling us "Go, make disciples." There's a goal here, a command, something we are supposed to be doing – and disciples, discipling and discipline has to extend to more than personal conscience, to the exclusion of Christian community. The argument against amillennialism is parallel to the argument against premillennialism (whether in its dispensational presentation or classical presentation) – those doctrines don't go anywhere. When it comes to Revelation ch. 21 and 22, these doctrines 'sit on their hands.' Rather, our doctrine of eschatology is postmillennial (Christ comes after ("post") the millennium) by our voluntary choice, by Revelation's destination, by inspiration of the Holy Spirit to reach a millennium in this world. Jesus is awaited at the end of the golden, millennial period, however long and wonderful that period may be, a thousand years or a ten times a thousand years – and we have acted in obedience to him in making or moving to such a society and such a world. (For the Kingdom of God will be like a man going on a journey, who called his servants and entrusted to them his property - one to receive five talents, one to receive two, another, to receive one). Our goal is forward. Neither John Lock or the Apostle Paul, or Jesus, say: "let's go back to an Old Testament theocracy as soon as we have a chance." Hence, my profound disagreement with all forms of political theocracy, theonomy, etc. We move to the future here, in terms of our political understanding – our Lord Jesus has not been asleep for the last 2000 years. For that matter, if you need open-heart CABG surgery as I did, you will not seek out a doctor who applies the methods of healthcare available in the days of Moses – there are no instructions in the Old Testament for a triple-bypass procedure. Common grace has done something with respect to medical care, as it has done something with respect to political theory which the churches may apply. After the passage quoted above about obeying the authorities, the Apostle Paul moved directly, with no further transition, to a society characterized by love that has already internalized the Law. The movement is sudden between Rom. 13:7, extolling obedience to external Roman authority, sharing neither political power or a faith with us, to Rom. 13:8. Here is our endpoint: Let no debt remain outstanding, except the continuing debt to love one another, for he who loves his fellow man has fulfilled the law. The commandments, "Do not commit adultery," Do not murder," "Do not steal," "Do not covet," and whatever other commandment there may be, are summed up in this one rule: "Love your neighbor as yourself." Love does no harm to its neighbor. Therefore love is the fulfillment of the law. If we wish to go On the Road now (and we find ourselves On the Road whether we wish it or not) – static conceptions will not do. We construct with the law in the manner of a homebuilder, using our tools to lay on progressively wiser and more effective structural elements, until we reach the fulfillment of home-building, a home where we may love. That is the postmillennial vision – a millennial world, a golden age of faith, love and peace, before Christ returns. The thousand years of the millennium in Ch. 20 is both a reality and a symbol for that vision. The reality of God's ordaining will is a driving movement. Growth through the Holy Spirit is neither limited to or circumscribed by the symbol of a thousand year time period. We travel to an end and a society good beyond words. Our driving force and our destination comes from God. Golden ages are hard to come by, but not only can we get there, we will. Christ has called us to this, and his sobriety and his power in doing so is beyond question. ____________________________________
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The Justice Roundtable | The Progressive Voice for Justice Reform Roy L. Austin, Jr. Roy Austin is a partner with the law firm of Harris, Wiltshire & Grannis LLP. He began his career with the Criminal Section of the Civil Rights Division investigating and prosecuting hate crime and police brutality cases. In 2000, he joined Keker & Van Nest LLP, working on complex civil and white-collar criminal cases, including a successful pro-bono lawsuit aimed at preventing racial profiling by the Calif. Highway Patrol. He joined the U.S. Attorney's Office for D.C. and prosecuted domestic violence, adult and child sexual assault, human trafficking, homicide and fraud and public corruption cases. He later became Senior AUSA and Coordinator of the D.C. Human Trafficking Task Force. In January 2010, Mr. Austin was appointed Deputy Asst Attorney General, Civil Rights Division, DOJ and supervised the Criminal Section, and the Special Litigation Section's law enforcement portfolio. In March 2014, he joined the White House Domestic Policy Council as Deputy Asst to the President for the Office of Urban Affairs, Justice and Opportunity. Here, he worked with the President's Task Force on 21st Century Policing, on issues of reentry, and was a member of Obama's My Brother's Keeper Task Force. Rachel Barkow Rachel Barkow is the Vice Dean and Segal Family Professor of Regulatory Law and Policy at NYU School of Law. She also serves as the Faculty Director of the Center on the Administration of Criminal Law at NYU. In June of 2013, the Senate confirmed her as a Member of the United States Sentencing Commission. Since 2010, she has also been a member of the Manhattan District Attorney's Office Conviction Integrity Policy Advisory Panel. Professor Barkow teaches courses in criminal law, administrative law, and constitutional law. In 2013, she was the recipient of the NYU Distinguished Teaching Award. The Law School awarded her its Podell Distinguished Teaching Award in 2007. After graduating from Northwestern University (B.A.'93), Barkow attended Harvard Law School ('96) where she won the Sears Prize. She served as a law clerk to Judge Laurence H. Silberman on the D.C. Circuit and Justice Antonin Scalia on the U.S. Supreme Court. Barkow was an associate at Kellogg, Huber, Hansen, Todd & Evans in Washington, D.C. Brittany Barnett Brittany K. Barnett is an attorney and social justice advocate. As the daughter of a formerly incarcerated mother, Brittany knows first hand the impact of mass incarceration is far reaching, devastating families and entire communities. She is co-founder of the Buried Alive Project, an organization that works to end life without parole sentencing handed down under federal drug laws through transformative litigation, legislation, and humanization. While working several years as a corporate attorney, Brittany was committed to pro bono representation of clients in federal prison. Her dedication to this life changing work paid off tremendously – resulting in executive clemency from President Obama for seven of her clients, as well as freedom for several additional clients through the federal court system. She is a member of the legal team that represented Alice Johnson, who was granted clemency from President Trump after serving over 21 years of a life without parole sentence. Brittany is also founder of Girls Embracing Mothers (GEM). GEM partners with women's prisons in Texas and works to lessen the impact of maternal separation by strengthening the mother-daughter relationship and equipping girls with the tools to make positive life choices. Norman Brown Norman Brown is a lifestyle coach who helps recipients of Presidential commutations returning from federal prison to acclimate to society by helping to decrease their risk of recidivism. He bridges the gap that so frequently leaves re-entry citizens vulnerable to psychological setbacks, by helping them find the resources needed to function and grow. His experience goes beyond textbook, involving training and practicality. Norman himself was rewarded clemency from President Obama after serving 24 ½ years for a non-violent crime. He had the honor of having lunch with President Obama in 2015, after being rewarded clemency. Norman has received specialized training in public speaking, lifestyle coaching, and mentoring youths as well as adults. He plays a major role in working with youth for The Dept of Rehabilitation Services, and consults with the executive staff of DYRS in effective innovative approaches with training. He has spoken at the White House and testified for the Federal and DC Government on matters around Mass Incarceration. As Deputy Project Director for Project New Opportunity, Norman manages a staff of consultants who are working with clients preparing to reenter society and start their lives over in being productive citizens. Rhozier "Roach" Brown While serving a life sentence for murder at Lorton Reformatory, Roach Brown conceived and founded THE INNER VOICES, a national traveling prison theatrical troupe, wrote and directed several award winning plays, a television documentary and specials. The Inner Voices performed outside the gates of Lorton over 1,500 times without escape or incident. Roach designed a drug exhibit at the Smithsonian Museum for the White House, was invited by Members of Congress to testify on national legislation, designed a drug prevention program for the Embassy of Ghana and designed and implemented correctional programs. He has won acclaim at New York, Sundance, Cannes and International Film Festivals and developed prison therapeutic theater troupes. Because of his work with the Inner Voices, President Gerald Ford commuted his life sentence, on Christmas day 1975. A community activist extraordinaire, Roach Brown's aggressive legislative organizing includes increased voter awareness and registration for returning citizens, support of ban the box campaigns and fair hiring practices, and repeal of federal mandatory minimum sentences. He is the host of WPFW-FM's popular Cross Roads' radio show. MiAngel C. Cody MiAngel Cody picks locks to human cages. As a federal criminal defense lawyer, Ms. Cody won presidential clemency and freedom for six prisoners serving life sentences for drug crimes. Ms. Cody has defended hundreds of people in federal court, achieving a range of courtroom victories, from jury acquittals to successful federal appeals to significantly reduced sentences. As Founder and Lead Counsel for The Decarceration Collective law office, Attorney Cody has seen incarcerated fathers and mothers kiss children goodbye. She's watched judges lament that mandatory sentencing laws left them hamstrung with no discretion. She's seen people leave prison with nothing to insure their future success. She's witnessed a system dehumanize humans and, in doing so, become dehumanized itself. Ultimately, she has stood with people as they were sent into cages. And she's received desperate calls when those same people returned from prison with nothing. In 2018, Ms. Cody received a Soros Justice Advocacy Fellowship. In 2014, she received the Federal Bar Association's Federal Lawyer of the Year Award. Her work has been featured in the New York Times, MSNBC, Chicago Tribune, Amazon's Audible Series and CNN. Van Jones Van Jones is the President and Co-Founder of #Cut50, CNN political commentator and host of The Messy Truth and the Van Jones Show. He is founder of The Dream Corps, Rebuild The Dream, Green For All, the Ella Baker Center for Human Rights and Color of Change. Jones is a Yale-educated attorney and author of two New York Times best-selling books, The Green Collar Economy (2008) and Rebuild the Dream (2012). The second book chronicles his journey as an environmental and human rights activist to becoming a White House policy advisor. He was the main advocate for the Green Jobs Act, the first piece of federal legislation to codify the term "green jobs." In 2009, Jones worked as the green jobs advisor to President Obama. In this role, he helped to lead the inter-agency process that oversaw the multi-billion dollar investment in skills training and jobs development within the environmental and green energy sectors. Jones has been honored with numerous awards and spotlighted on several lists of high achievers, including: the World Economic Forum's "Young Global Leader" designation; Rolling Stone's 2012 "12 Leaders Who Get Things Done"; TIME's 2009 "100 Most Influential People in The World"; and the Root's 2014 "The Root 100." Jason Hernandez In 2011 Jason Hernandez, who was serving a sentence of life without parole for a nonviolent drug crime, constructed his own clemency petition along with a letter asking President Obama to commute his sentence. On December 19, 2013, President Obama responded by commuting his sentence to twenty years. Jason was released in 2015, after 17 years in prison, and continued working on clemency petitions. In the process, he assisted six prisoners serving life receive a commutation through the Clemency Initiative. He continues to file petitions for prisoners in the state and federal system and is a recent recipient of a Soros Justice Fellowship wherein he will advocate for clemency to be used on a broader scale and create a toolkit that will allow prisoners, families of prisoners and students to initiate their own clemency campaigns. Mark Holden Mark Holden serves as senior vice president, general counsel and corporate secretary of Koch Industries, Inc. He is also president and COO of the Legal Division of Koch Companies Public Sector, LLC, which provides legal, government and public affairs services to Koch Industries, Inc. and its affiliates. In addition, he also serves as Chairman of the Board of Freedom Partners Chamber of Commerce, Inc. and serves on the Board of Directors of Americans For Prosperity. Mr. Holden began his career with Koch Industries in 1995 as a litigation attorney, and was vice president and general counsel for litigation and compliance. He has worked with the various Koch companies on a variety of litigation, regulatory, compliance, and commercial issues. Mr. Holden earned a bachelor's degree in political science from the University of Massachusetts. He earned his law degree from the Columbus School of Law at the Catholic University of America, where he was an associate editor of the Catholic University Law Review. Andrea James Andrea James J.D is the Founder and Executive Director of the National Council For Incarcerated and Formerly Incarcerated Women and Girls, Founder of Families for Justice as Healing, author of Upper Bunkies Unite: And Other Thoughts On the Politics of Mass Incarceration, a 2015 Soros Justice Fellow, and recipient of the 2016 Robert F. Kennedy Human Rights award. As a former criminal defense attorney and a formerly incarcerated woman she shares her personal and professional experiences to raise awareness of the affect of incarceration of women on themselves, their children and communities. Her work is focused on ending incarceration of women and girls and contributing to the shift from a criminal legal system to community led human justice. Alice Marie Johnson Alice Marie Johnson, a first time offender, served 21 years of a life sentence without parole for a drug offense. To date she is the only person with a drug sentence commuted by President Trump. Alice was #1 on CAN DO Clemency's list of the "Top 25 Women most Deserving of Clemency." She was one of six people featured in the ACLUs ad campaign to end mass incarceration. Coordinated by the National Council of Incarcerated and Formerly Incarcerated Women and Girls and the Real Women Real Voices Symposium, while imprisoned Alice was able to use skype to address audiences at Ivy League Universities such as Yale and NYU, as well as Google. She was one of the call-in guests on Cross Roads' National Clemency and Criminal Justice Reform RadioThon, and the Justice Roundtable brought her daughters to Washington, DC to join the White House's March 31 Life After Clemency convening and bring attention to their mother's case. Alice was a model prisoner with an exemplary prison record who is also an ordained minister. While imprisoned she wrote and produced numerous original plays and skits. Mic featured Alice in a video op ed in October 2017 that caught the attention of Kim Kardashian, who successfully advocated for her release at the White House. Alice has often referred to Kim as her "war angel." Paul J. Larkin, Jr. Paul J. Larkin, Jr., is the Rumpel Senior Legal Research Fellow at the Heritage Foundation. He received his law degree from Stanford Law School. He has held numerous positions in the federal and state governments, as well as in the private sector. Among them are Assistant to the Solicitor General at the U.S. Department of Justice and Counsel to the Senate Judiciary under the chairmanship of Senator Orrin Hatch. He has written a variety of articles on clemency, such as Revitalizing the Clemency Process, 39 Harv. J.L. & Pub. Pol'y 833 (2016); Essay: A Proposal to Restructure the Clemency Process—The Vice President as Head of a White House Clemency Office, 40 Harv. J. L. & Pub. Pol'y 237 (2017); and "A Day Late and a Dollar Short": President Obama's Clemency Initiative 2014, 16 Geo. J.L. & Pub. Pol'y 147 (2018). Mark Osler Mark Osler is the Robert and Marion Short Professor of Law at the University of St. Thomas (MN). He also holds the Ruthie Mattox Preaching Chair at First Covenant Church, Minneapolis. Osler's writing on clemency, sentencing and narcotics policy has appeared in the New York Times, the Washington Post, and in law journals at Harvard, Stanford, the University of Chicago, Northwestern, Georgetown, Ohio State, UNC, William and Mary, and Rutgers. A former federal prosecutor, he played a role in striking down a mandatory 100-to-1 ratio between crack and powder cocaine in the federal sentencing guidelines by winning the case of Spears v. United States in the U.S. Supreme Court. Osler's 2009 book Jesus on Death Row (Abingdon Press) critiqued the American death penalty through the lens of Jesus' trial. His second book, Prosecuting Jesus (Westminster/John Knox, 2016) is a memoir of performing the Trial of Jesus in 11 states. Most recently, he is the author of Contemporary Criminal Law (West, 2018), a casebook. The character of Professor Joe Fisher in the Samuel Goldwyn film American Violet was based on Osler, and he has been the subject of profiles by Rolling Stone, The American Prospect, and CBS News. Amy Ralston Povah For the past eighteen years, Amy Ralston Povah has been an accomplished filmmaker, writer, speaker, and activist. After receiving clemency from President Clinton, she advocated for other women seeking "justice through clemency" and started the CAN-DO Foundation (Clemency for All Non-violent Drug Offenders). Amy has organized five White House vigils for the prisoners profiled on the CAN-DO website; spoken on panels at Yale University, Pepperdine University, Vanderbilt University, Washington State University, New York University, Columbus School of Law, and on Capitol Hill. She wrote about the lack of women who received clemency from President Obama for the Federal Sentencing Reporter and authored Op Eds published in the New York Times, Fusion, San Francisco Chronicle, The Hill and 5 HuffPost articles. Amy submitted the numerous cases profiled by the "Mercy Lottery: Review of the Obama Administration's Clemency Initiative released by NYU Law School. CAN-DO profiled and assisted 20 men and 44 of the 105 women who received clemency under President Obama's clemency initiative. The CAN-DO media page. works to garner exposure for the prisoners on the CANDO website. Kemba Smith Growing up as an only child in Richmond, VA, Kemba Smith graduated high school and entered Hampton University. What happened to Kemba in her new campus environment was a nightmare, and led to a 24.5-year sentence in a federal prison. In Dec. 2000, after serving 6.5 years, President Clinton commuted her sentence to time served. Kemba shares her traumatic real life experience in her book, "Poster Child: The Kemba Smith Story." Featured on CNN, Nightline, Court TV, The Early Morning Show, Donahue, Judge Hatchett, and a host of other television programs, Kemba's story has also been written about in national publications including The Washington Post, NY Times, Glamour, People, JET, Emerge, Diverse Issues in Higher Education, and Essence magazines. Kemba is a graduate of Virginia Union University and was a past recipient of a Soros Justice Fellowship. In December 2014, Kemba was appointed a member of the Virginia Criminal Sentencing Commission by Governor Terry McAuliff. She has spoken at the White House and testified before Congress and the United Nations, and is a popular speaker at colleges, universities, high schools, juvenile facilities, churches and national conferences around the nation. Nkechi Taifa Nkechi Taifa is Advocacy Director for Criminal Justice at the Open Society Foundations and Open Society Policy Center and convener of the Justice Roundtable, a Washington-based coalition advancing federal justice reforms. Taifa was founding Director of the Equal Justice Program at Howard University Law School and adjunct professor at both Howard Law and American University Wash. College of Law. She was legislative counsel for the ACLU, serving as principal spokesperson for its Washington Office on criminal justice and civil rights issues. Taifa also served as public policy counsel for the Women's Legal Defense Fund and as staff attorney for the National Prison Project. As a private practitioner she represented indigent adults and juveniles. Over the course of her career she has spoken across the country on justice reform and human rights issues and has testified before the U.S. Congress, the U.S. Sentencing Commission, the Council of the District of Columbia and the American Bar Association Justice Kennedy Commission. She has served on the boards of numerous public interest organizations, as consultant to various groups and projects, and as an appointed commissioner and chair of the DC Commission on Human Rights. Taifa received her JD from George Washington University Law School. Ebony Underwood Founder and CEO of We Got Us Now, Ebony Underwood is a social entrepreneur, filmmaker and Soros Justice fellow leading a powerful movement built by, led by and for children of incarcerated parents in an effort to create greater awareness about the issue of parental incarceration and the rippling effects of mass incarceration. Ebony's interest in this advocacy work is personal and pivotal. As a daughter of an incarcerated parent, Ebony was traumatized and emotionally devastated by her father's harsh mandatory minimum sentence of life without parole. For 25 years she suffered with the shame and despair she felt. In 2014, she found her voice and began to speak publicly, sharing her story through film, television and social media advocacy. Ebony is a leading voice on the issue of children impacted by parental incarceration, speaking nationally at Yale, Columbia, American and NYU Law Schools, and John Jay School of Criminal Justice, Sing Sing State Correctional Facility, and Google. She has published op-ed articles in Huffington Post, Vibe and Mic, and spear-headed the Google-initiated #LoveLetters campaign to demonstrate the unbreakable bond between a child and their incarcerated parent on Mothers and Fathers Day.
Simple Marquee Example The African Diaspora Forum (ADF) learnt with shock and utter dismay that people are being sold as slaves in Libya. “I salute the people of Zimbabwe for achieving such a great goal without spilling blood or burning buildings. South Africans can learn a lot from this,” Letlhake said.
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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
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.