Home > Cases > Tadić
The Prosecutor v. Duško Tadić
Court International Criminal Tribunal for the former Yugoslavia (ICTY) Appeals Chamber, The Netherlands
Case number IT-94-1-A
Decision title Judgment in Appeal
Decision date 15 July 1999
Duško Tadić
Keywords additional conviction, crimes against humanity, discriminatory intent, Effective control, Geneva Convention, Grave breaches, overall control, personal motives, Prijedor
Judgment in Appeal: the Prosecutor v. Duško Tadić
After the takeover of Prijedor (Bosnia and Herzegovina) and the attack launched against the town of Kozarac (Bosnia and Herzegovina) in 1992, the non-Serb civilians were detained in several prison facilities, where they were beaten, sexually assaulted, tortured, killed and otherwise mistreated. Duško Tadić was the President of the Local Board of the Serb Democratic Party in Kozarac (Bosnia and Herzegovina). Trial Chamber II found Duško Tadić guilty of crimes against humanity and war crimes and, in a separate sentencing judgment, sentenced him to 20 years of imprisonment.
The Appeals Chamber denied Duško Tadić’s appeal on all grounds. It did allow, however, the Prosecution’s appeal, reversing the judgment of Trial Chamber II and entering convictions for war crimes and crimes against humanity.
The Appeals Chamber also held that an act carried out for the purely personal motives of the perpetrator can constitute a crime against humanity. Furthermore, Trial Chamber II erred in finding that all crimes against humanity require discriminatory intent.
The issue of sentencing was referred to a Trial Chamber.
The amended indictment was filed on 14 December 1995. The trial commenced on 7 May 1996, and Trial Chamber II rendered its Opinion and Judgment on 7 May 1997, finding Tadić guilty of violations of the laws or customs of war and crimes against humanity.
Thereafter, Trial Chamber II rendered its Sentencing Judgment on 14 July 1997, sentencing Tadić to 20 years of imprisonment.
The parties appealed against the Opinion and Judgment of 7 May 1997, and Tadić further filed an appeal against the Sentencing Judgment of 14 July 1997.
On 11 November 1999, Trial Chamber II bis rendered its sentencing judgment on the additional counts, imposing a sentence of 25 years of imprisonment.
On 25 November 1999, Tadić filed a notice of appeal against the Sentencing Judgment of 11 November 1999. Pursuant to his request, the Appeals Chamber ordered that the appeal be joined with the Appeal against the Sentencing Judgment of 14 July 1997.
The Appeals Chamber rendered its judgment on 26 January 2000; it upheld the convictions for war crimes and crimes against humanity, but found that the trial Chamber had erred in the sentencing. Hence, the prison sentence was reduced to twenty years.
On 31 October 2000, Duško Tadić was transferred to Germany to serve his sentence (see ICTY, 'Duško Tadić Transferred to Germany to Serve Prison Sentence', ICTY Press Release, 31 October 2000).
On 18 June 2001, Duško Tadić filed a request for a review of his complete case, in light of the decision on contempt of the Tribunal. The Appeals Chamber dismissed the request on 30 July 2002. On 17 July 2008, Duško Tadić was granted early release.
During the Tadić procedure, contempt hearings were initiated against Milan Vujin, lead counsel for the Defence of Duško Tadić. On 31 January 2000, the Appeals Chamber found Vujin in contempt of the Tribunal and fined him. A subsequent appeal was dismissed by the Appeals Chamber on 27 February 2001 (see ICTY, 'Milan Vujin, former Counsel for Dusko Tadic, Found in Contempt of the Tribunal, and Fined 15,000 Dutch Guilders', ICTY Press Release, 31 January 2000).
On 30 April 1992, the Serb Democratic Party (SDS) took over control in the town of Prijedor (Bosnia and Herzegovina). On 24 May 1992, the nearby town of Kozarac (Bosnia and Herzegovina) was attacked, resulting in the killing of some 800 civilians, and the removal of non-Serbs from the town. During the attack on Kozarac, non-Serb civilians were beaten, robbed and murdered by the Serb forces. After the takeover of Prijedor and the surrounding areas, the Serb forces detained non-Serb civilians in three major prison camps: the Omarska, Keraterm, and Trnopolje camps (all near Prijedor, Bosnia and Herzegovina). Those who were detained were subjected to beatings, sexual assaults, torture, executions, and psychological abuse. Furthermore, the detainees were held in unhygienic conditions in overcrowded rooms (para. 53 et seq. of the judgment rendered by Trial Chamber II on 7 May 1997).
Duško Tadić was the President of the Local Board of the Serb Democratic Party in Kozarac (Bosnia and Herzegovina).
Did Trial Chamber II err in its findings with respect to the convictions of Duško Tadić?
Can the Appeals Chamber uphold any of the grounds of the Appellants?
Articles 2, 5, 20, 21, 25 of the ICTY Statute;
Rule 115 of the ICTY Rules of Procedure and Evidence.
The Appeals Chamber denied Tadić’s appeal on all grounds.
In its first ground of appeal, the Prosecution argued that Trial Chamber II “erred by relying exclusively upon the “effective control” test derived from the Case concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States) in order to determine the applicability of the grave breach provisions of the relevant Geneva Convention” (para. 73). The Appeals Chamber found that “[t]he “effective control” test propounded by the International Court of Justice as an exclusive and all-embracing test is at variance with international judicial and State practice: such practice has envisaged State responsibility in circumstances where a lower degree of control than that demanded by the Nicaragua test was exercised” (para. 124) introducing a different test of overall control with respect to military or paramilitary groups. Exercising overall control means “not only [the] equipping and financing [of] the group, but also [the] coordinating or helping in the general planning of its military activity.” (para. 131) The Appeals Chamber concluded that “the armed forces of the Republika Srpska were to be regarded as acting under the overall control of and on behalf of the [Federal Republic of Yugoslavia]. Hence, even after 19 May 1992 the armed conflict in Bosnia and Herzegovina between the Bosnian Serbs and the central authorities of Bosnia and Herzegovina must be classified as an international armed conflict” (para. 162). The Appeals Chamber reversed Tadić’s acquittal and found him guilty of grave breaches of the Geneva Conventions. (para. 171)
The Appeals Chamber also held that “[t]he Trial Chamber erred in holding that it could not, on the evidence before it, be satisfied beyond reasonable doubt that the Appellant had any part in the killing of the five men” (para. 233), finding Tadić guilty of additional war crimes and crimes against humanity (paras. 235-237).
The Appeals Chamber further found that “the requirement that an act must not have been carried out for the purely personal motives of the perpetrator does not form part of the prerequisites necessary for conduct to fall within the definition of a crime against humanity under Article 5 of the Tribunal’s Statute” (para. 272).
The Appeals Chamber also held that “the Trial Chamber erred in finding that all crimes against humanity require a discriminatory intent.” (para. 305)
The issue of sentencing was referred to a Trial Chamber (p. 144).
A. Cassese, ‘The Nicaragua and Tadić Tests Revisited in Light of the ICJ Judgment on Genocide in Bosnia’, European Journal of International Law, 2007, Vol. 18(4), pp. 649-668;
M. Sassòli & L.M. Olson, ‘The Judgment of the ICTY Appeals Chamber on the Merits in the Tadic Case’, International Review of the Red Cross, 30 September 2000, No. 839.
UN Security Council, 25 May 1993 (UNSC Res. 808), Statute of the International Criminal Tribunal for the Former Yugoslavia (ICTY Statute);
UN ICTY, 11 February 1994 (last amended on 20 October 2011), Rules of Procedure and Evidence.
ICTY, Trial Chamber IIbis, The Prosecutor v. Duško Tadić, Case No. IT-94-1-Tbis-R117, Sentencing Judgment, 11 November 1999;
ICTY, Appeals Chamber, The Prosecutor v. Duško Tadić, Case No. IT-94-1-A and IT-94-1-Abis, Judgment in Sentencing Appeals, 26 January 2000.
The Hague Justice Portal, 'Tadić, Duško', Academic Research, Courts and Tribunals;
IWPR, 'Tadic Case: The Appeals Chamber Judgement', Institute for War & Peace Reporting, 18 July 1999;
ICTY, 'Tadic Case: The Judgement Of The Appeals Chamber', ICTY Press Release, 15 July 1999.


PROUD SALOPIAN UNVEILS SECOND SHREWSBURY CALENDAR FOR HOMETOWN (2nd October 2015)
A local photographer with a passion for his hometown of Shrewsbury, is pleased to announce the launch of a second Shrewsbury calendar.
A local photographer with a passion for his hometown of Shrewsbury, is pleased to announce the launch of a second Shrewsbury calendar. Adam Telford, of APT Photography unveils the second calendar for 2016, following the success of the 2015 edition.
As a photographer, Adam is committed to showcasing the wonderful town of Shrewsbury, which has something for everybody. From hoards of heritage and history, to lots of culture and creativity - Shrewsbury possesses it all and that’s what Adam aims to reflect in both his photography and throughout the calendar itself.
Residents and those who simply have a fondness for Shrewsbury as a town, are encouraged to peruse the calendar and see where each month takes them. Will it be a summer’s day on the river upon Sabrina by the Quarry, or an intriguing view of a town landmark lit up at night, which you may never have noticed before.
The calendar provides a unique viewpoint of Shrewsbury, with a stunning array of twelve images specially selected from Adam’s extensive portfolio. Photos include many hidden aspects of the town, which is an element that Adam takes particular pride in. An abstract view of the Shrewsbury Abbey for example, as well as Port Hill foot bridge at night.
Speaking of the 2016 calendar, Adam says “The calendar makes a perfect gift as we start to enter the Festive season. It’s priced at £10 for collection from Shrewsbury, or £12 for UK delivery.” Adam’s wife Amy added “Initial sales of the second calendar have been really promising and it’s lovely to see people supporting Adam’s latest venture.
Find out more information and reserve a copy, by visiting the Shrewsbury Calendar Facebook page: https://www.facebook.com/ShrewsburyCalendar


9th January 2020 8th January 2020 Over 40 and a Mum to OneBook Reviews, Reviews
disclosure: we were sent the item mentioned in exchange for an honest review
I do enjoy reading stories based in the past and I knew within the first chapter of reading The Surplus Girls by Polly Heron, that this was just my kind of novel. Published through Corvus last week, this is the first book in a series of three novels telling the story of three different Surplus Girls during the early 1920s.
In The Surplus Girls, it’s 1922 and we meet Belinda Layton, she lives in Manchester and her fiancee Ben was killed in the First World War. Like so many young women at that point in time, her dreams of marriage and happy family life have been left in tatters. She’ll need to make her own way going forward and we watch as she discovers more about herself and strives to improve herself.
She’s been living with Ben’s mother and grandmother for a number of years and has spent the last four years in deep mourning, dressed in black from head to toe. Belinda realises as she approaches her 21st birthday that as much as she loves Ben, she’s ready for a little colour in her life but is scared of the reaction from his family.
Ben’s Mum got her a job working in the mill but Belinda is desperate to get out and a chance meeting with an old teacher inspires her to widen her horizons. Her family are struggling to make ends meet, her father has led them into a downward spiral of poverty and they rely on Belinda to supplement the wages coming into the home. When she has the opportunity to start a secretarial class everyone is against the idea. Ben’s family aren’t ready for her to move forward with her life, and her own family are worried that if she leaves the mill, she’ll earn less in an office as she’ll start on the bottom rung of the ladder. They want and need her money.
But Belinda is desperate for more from life, and knows that she needs to give herself every opportunity that she can. As part of her studies, she’s given the chance to volunteer in a local book shop with Mr Tyrrell sorting out orders for him and typing up stock lists for him. She enjoys the work and when Mr Tyrrell dies suddenly she’s drawn to his nephew Richard Carson, who believes he is the heir to the estate.
Carson awakens feelings in Belinda that have been long buried and she wonders if perhaps she can find love again.
With plenty of twists and turns, and supporting characters, the story of The Surplus Girls builds and I was compelled to keep turning the pages to see what life had in store for Belinda, her family and the two old spinster sisters who run the secretarial school.
I shall certainly be looking out for the next book in the series when it’s published. I’ve included my Amazon Affiliate link below (I do earn from qualifying purchases) in case you’d like to read The Surplus Girls too.
Tagged adult fiction, Corvus, Polly Heron, The Surplus Girls
Kitten update: Paddington at 10 months old


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Standing up to the National Front, as French nationals and also as Christians
In the recent regional elections in France, the ballot results revealed an unprecedented surge of support for the National Front (FN) party. France therefore joins the growing ranks of other European countries which over the past few years have also experienced the rise of the far right. Jérôme Vignon, President of Semaines Sociales de France, comments.
Never before have so many French Catholics voted for the party of Marine Le Pen, as seen in the first round of the regional elections held on 6 December 2015. According to an opinion poll, 32% participants describing themselves as “Catholics” had voted for the FN, well above the average of the French electorate (28.4%).
Civic conscience
It is not only Christians who are seized with dread at the seemingly inexorable rise of the National Front (FN) with every successive electoral ballot. For many French people, who are now probably clinging more tightly to the values of the Republic than ever, this deep-seated malaise is tantamount to a national conscience.
An historical memory persists in France of all those dramatic times when the French people had succumbed to the temptations of violence and when, due to manipulation, their feelings of frustration and resentment had finally boiled over in civil war. Without going back as far as the wars of religion, we know that in our country the idea of “living together” is fragile. Only with the passing of many years has our Republic managed to convert its struggles based on class hatred, anti-Semitism and contempt for those of different skin pigmentation into political wars of words. However much you condemn this political thinking and the parties that embrace it, you still cannot stop them from being the repositories of this memory that we call “civic conscience”, the conscience of the Republic, the conscience that builds a nation.
Hatred of “the others”
Still, we cannot believe for a moment that the National Front’s leaders have deviated in any way from their tradition of hating others. These “others”, whether they be foreigners, illegal immigrants “spreading like a virulent disease” in society, or immigrants entitled to State medical assistance, are people the FN feel should be denounced in order “to wipe out all contagion from immigration”.
Quite apart from the inconsistencies that can be found in the National Front manifesto, there are two ideas that are disturbing and need to be firmly challenged in the political arena, since they are fundamental to the National Front strategy: the call to get around official bodies and the tendency to denounce scapegoats instead of spending any time examining the causes of our present difficulties.
These threats are extremely serious for the future of our country, arising at the very moment when now more than ever we need to pull our forces together. They have prompted two movements, Christianisme social and Semaines sociales de France, to work together on researching the causes of injustice and to take up a clear stand against the National Front. No part of this is intrinsically incompatible with religious faith.
Renewing politics
These dangers and obvious threats are showing up in the domain of politics. They provide additional clues that political activity itself should – at least in France – be both restored and renewed, as was also emphasised during a recent meeting in Paris organised by the French Bishops’ Conference. Here it is possible to see a way of being Christian, a way of responding “as a Christian” according to the ever-useful distinction made by Jacques Maritain.
Rather than endlessly (and wrongly) putting the blame on the general mediocrity of the body of politicians, we should remain faithful to the spirit of these Christians – obeying the laws but surpassing them in our daily lives – to quote the famous Epistle to Diognetus. That means that we have to examine our consciences on the extent to which we might be responsible for the fact that so many French people are convinced they are neither recognised nor represented in the political debate in its current form.
Renewal also means standing up as a stakeholder of an educational system where advancement is effectively blocked, particularly for young people from migrant backgrounds, and refraining from casting the blame for this solely on the national Department of Education. It means admitting that entrepreneurs and social partners in general could offer a labour market that is more inclusive.
We should also become more exacting and more proactive in the statement of any European political project while accepting that the disappointments that it has engendered have resulted from our actions, not just from those of some technocrats in Brussels. To sum up, renewal means engaging in politics in a way to ensure that politicians will not confine themselves to denouncing what is evil but will also plan for and work towards what is good.
Jérôme Vignon
President of Semaines sociales de France
This article was published in the December issue of Europeinfos (http://www.europe-infos.eu/standing-up-to-the-national-front-as-french-nationals-and-also-as-christians)
Semaines sociales de France (SSF) is one of France’s oldest organisations commenting on community life. The goal of the Semaines sociales – which defines itself as “a secular institution for research and training” - is to spread awareness of Christian thinking on social issues and to contribute to the social debate.
SSF is a member of the IXE Group (http://www.theeuropeexperience.eu/ixe/en/home)


“Everyone should have access to great arts education”
Musicians Emma Gerstein and Max Raimi speak on Chicago Symphony Orchestra strike
By our reporters
Striking Chicago Symphony Orchestra (CSO) musicians Emma Gerstein, Max Raimi, Karen Basrak and Rong-Yan Tang gave a free, well-attended public performance on April 20. The remarkable strike concert took place before a packed house at the Flatts and Sharpe music store in the Rogers Park neighborhood.
CSO musicians perform
The longest ever strike by CSO musicians has reached a critical juncture with the intervention of outgoing Chicago Democratic Mayor Rahm Emanuel. While he has remained silent on the strike up to this point, Emanuel has a record of defending the interests of the corporate and financial elite as mayor. The CSO board and management, which is demanding a ruthless overhaul of the musicians’ pensions by imposing a 401(k) style plan, also has close political and financial ties to Emanuel.
On Friday evening Emanuel announced that he had worked out a deal with the musicians and the board. Whatever the nature of the deal, which has not been made public, musicians and workers should be extremely wary. Sam Zell—husband of the chair of the CSO board, Helen Zell—donated over $300,000 to Emanuel in previous election cycles. Robert Kohl, another member of the board and also a member of Emanuel’s election campaign team, has donated over $28,000 to the mayor.
Musicians should be prepared to reject any concessions deal brokered by the mayor and fight to expand their struggle by appealing to the broadest sections of workers to break the isolation being imposed by the trade unions, which have not lifted a finger in their support.
CSO musicians Emma Gerstein and Max Raimi speak. Video produced by Michael Walters.
World Socialist Web Site writer Jeff Lusanne spoke to flutist Emma Gerstein and violist Max Raimi about the broader issues in the strike last week.
Jeff Lusanne: Tell us about your strike and what the issues are?
Emma Gerstein: The strike began six weeks ago, almost seven weeks ago. The main issues are wages and retirement benefits. The CSO has had a pension benefit for the past 50 years and they are trying to change that to something more like a 401(k).
Max Raimi: We were playing under our old contract since the season began in mid-September. They decided that there’s some people left in the world that have a pension and that’s not the way they feel the world should be.
Max Raimi smiles after performance [photo: Kristina Betinis]
That’s my take on it, because they’re not saving all that much money with the defined-contribution stuff they want to do. I think it’s ideological. The other issue: we’ve always been one of the preeminent orchestras in the world because we always had this great contract. People would come from other orchestras all over the country and the world. The last couple of negotiations our contract started slipping behind other orchestras, now it's significantly behind, for example, Los Angeles and San Francisco. A lot of those orchestras still have well-funded pensions.
I try to imagine being on that stage and going ‘Well, we played OK. Boston would have played a little better. San Francisco would have played a little better.’ It’s inconceivable! But that’s our management’s attitude. No, we can’t provide them with what our counterparts do, but that’s ok, we’re fine with being second rate.
JL: Why is the attack on pensions and salaries important to fight?
EG: There are a few other orchestras with higher wages than us and a defined-benefit pension plan. To remain competitive with those orchestras we have to keep that. Otherwise, the CSO, which used to be a destination orchestra, will become a stepping stone to a better job.
Emma Gerstein (right) [photo: Benjamin Mateus]
Max Raimi: Their side is a black box. They seem monolithic. It’s possible they are not. I imagine there are people on their side that see what is going on and are not real happy about it. If not, then we’re screwed. If they are really that nihilistic that they don’t care if they destroy the orchestra or not, then we have no leverage.
JL: How did you react to the “last, best and final” offer by management?
EG: I trust our negotiating committee. They are doing an amazing job. They all recommended against voting on it. They find it insulting. I have to put my faith in them and they are looking out for all of us and our best interests.
MR: We do know it’s not acceptable. It’s interesting because I’m fully vested. They can’t take my pension away. Looking at it from a totally self-interested point, I’m nuts! I should just take their offer because there’s no way I’m going to make this money I’ve lost.
I think for a lot of the trustees, money is their lodestar. You see how they conduct business. They are willing to hurt people and destroy families, so they can have $3 billion instead of $2 billion. I mean, I don’t understand it. It’s like reading about some Aztec human sacrifice thing. How can people do that?
But there’s people on their side that are that way. It’s incomprehensible to them that (veterans) say, ‘Yes, it’s good for us but it’s not good for our colleagues and people who aren’t in the orchestra yet and it’s not what we envision the CSO to be.’ Even though it’s not in our best financial interest [to be on strike], you’ve got to have something in your life more important than your net worth.
JL: What did you think about the piece by Lawrence Johnson in the Chicago Classical Review attacking the CSO musicians?
EG: It made me really upset that someone I considered a lover of music really doesn’t seem to love the musicians. I found that upsetting. The fact that he kept comparing what we do to the business world ... Well, we are not in the business world. We are a not-for-profit. I don’t really feel like you can compare our retirement benefits to someone who works at a bank. It’s just a very different job. The interview process is very different.
For us, we are spending thousands of dollars every time we take an audition. I for one took close to thirty auditions before I won my CSO job. I don’t want to think about how much money I spent just to win my job. This is supposed to be the end-all-be-all of jobs for me. I intend to be here for 35 years and I would like to retire with dignity.
JL: When did you join the CSO and what made you want to join?
EG: I joined more than two years ago in 2017. I grew up in Chicago in Hyde Park. I moved all around. The orchestra job I had prior to this was in Auckland, New Zealand. It was really great, but there was an opening in the CSO. My predecessor had been in the orchestra for, I think, 40 years. These openings don’t happen very often. You have to wait for someone to retire, maybe change careers or, in the worst-case scenario, maybe even die for the job to open up. There was an opening and I went for it. And it was one the best days of my life when I won that job.
MR: I was a freelancer in New York and I realized guys 10-15 years older than me weren’t doing any better than I was and a secure life was impossible. I realized that if I wanted to have a secure dignified middle-class life, the institutions that were providing that were the major orchestras.
So, I looked around and Chicago sounded great. I took a shot in the dark. I won the audition and Georg Solti [director of the CSO from 1969 – 1991] hired me and until recently I thought I had it made.
JL: What was it like playing under Solti?
He was a force of nature. He was this kinetic force. It was kind of rock ‘n’ roll. The rhythm was driving and relentless. In a way it was easy because you just went. With Daniel Barenboim [CSO music director from 1991 – 2004], it was more the rhythms of speech and more flexible … It was a lot of adrenalin.
JL: How long have you been playing?
EG: Since I was 8. I’m 32 now. It’s like another limb for me at this point.
JL: What is some of your favorite music that you have played?
EG: One of my favorite composers would have to be Mahler. I love the lushness and the big sound he gets from the whole orchestra. I love being surrounded by the big sound of the orchestra. I have always liked being immersed in that sound rather than playing a solo. Playing in this section—I’m second flute—it really suits me. Any of the Mahler symphonies are my favorites. Also Debussy and Ravel—the French impressionists—are really fun to play as well.
MR: I love Sibelius, Mahler. It depends who’s conducting. If you have a Nordic guy who understands Sibelius, that’s really cool. Or an old Viennese guy who has this pipeline into Schubert and Mahler. I guess, I have no favorites. There are a few composers I don’t particularly like, but a whole lot I love.
JL: Why is such music important to you?
EG: It’s a connection with history and the past. It’s great art that we get to experience now. It’s like going to see a Shakespeare play or going to see a really beautiful painting at a museum. There’s something about it we really connect with, which is why it has stood the test of all these hundreds of years. It’s something people can connect with even if they don’t have a musical education. They can feel something you can’t express in words.
JL: There’s a huge cultural value to music. Yet there’s the claim that there isn’t money for arts and culture. Do you have any thoughts on that?
EG: Yes, a great example is the fire at Notre Dame. People came to the aid of that situation with billions of dollars. I’m not saying the CSO is a more or less worthy cause. I do think the Notre Dame is an important cultural landmark. When people care about something, they will open up their checkbooks.
JL: I do think in general a large amount of the population cares a lot. But in the case of Notre Dame too, there was the sudden influx of hundreds of millions of dollars. There’s the role of the aristocratic principle more and more in funding culture. What do you think?
EG: I had a job in New Zealand where most of the funding came from the government. The job wasn’t as prestigious as the CSO. We didn’t really record or tour. But there was still this feeling that the government has got us, there’s always going to be funding. Obviously in America, there’s a different set-up. We rely heavily on philanthropy, and we’re extremely grateful to the people who give. Historically, the board was made up of people who really love music and that’s why they give money. I’ve heard in recent years it’s turned more corporate and there’s less of a connection with the individuals on the board and the music. Now they do it because it looks good among their friends.
JL: That’s an interesting point. Obviously, there’s always the risk of censorship or the feelings of the donors involved in terms of what they will fund. Knowing that culture relies on education and youth being exposed to it, did you follow the teachers’ strikes in the last year?
EG: A little bit. Definitely, the one in Los Angeles. Both of my parents worked for Chicago Public Schools. They were teachers and administrators both. They’re both retired now and they have pensions—which they’re extremely grateful for. I’ve seen how these labor disputes have affected my parents directly and also how coming out of better contracts made their lives better. I have a personal connection with teachers.
JL: Los Angeles is certainly one of those places. Denver, Chicago, previously, West Virginia. There’s a real fight against the cutbacks against education and arts education. I recently discovered that CPS outsourced arts education to Ingenuity, a third-party source, who find random groups to teach a program for a session, and that’s it.
EG: That’s not enough. It’s a real shame. Part of the problem is all of these charter schools too. A lot of super-rich people will give money to charter schools, but not to the public schools. Poorer neighborhoods don’t get their funding. It’s not fair. Everyone should have access to education and great arts education.
JL: In terms of these more frequent fights by teachers and workers to fight back, do you see any connection between these struggles and yours?
EG: If there’s a teachers’ strike, I plan to be on their picket lines to show my support. We’re fighting for similar things. Pushing back against the super-wealthy and we’ve had enough.
JL: Do you see—this is a little bit of a more complicated question—but we have also the rise of far-right-wing and nationalist movements. Do you see any role in music in combating nationalism, inequality and oppression?
EG: Certain composers who are long dead wrote about these things, Mahler being one of them. Beethoven definitely—kind of just sticking it to the man. The music still resonates today because it speaks to those issues. I don’t think we’re directly necessarily doing anything, but still continuing to play music is putting good energy out in the world. We have people in the orchestra from lots of different countries and lots of different backgrounds. It’s also been neat to meet people on the picket lines from Japan, Mexico and across the world to come to Chicago for one reason, you know?
JL: Does the cultural work of the orchestra resonate in the context of the growth of right-wing movements?
MR: We were naive as artists. We’re in this bubble. Surely, we thought, they won’t hurt us. But, yes, there’s evil in the land. I don’t know how else to put it. And it was naïve to think that it wasn’t going to hit us. The other thing I’ll say is, people know they are getting screwed and the politicians incite rage. Trump didn’t come out of nowhere. It didn’t turn out to be a great solution, but it was people saying screw you.
There is this feeling [among a social layer] that wealth is its own justification. I don’t know many of the trustees. I met Helen Zell and, well, enough said. I do think there is a feeling that ‘I have wealth and power and I can bend the world to my will.’ It really started with Reagan, this idea that paying taxes is punishment. ‘We don’t want to pay you any more than I have to and I can have a perfectly good orchestra for less money. And I’ve got better things to do with my money than spend it on my community.’
Musicians, workers and supporters interested in learning more about the fight to defend art and culture and the CSO musicians strike are encouraged to contact us and receive our email newsletter.
Video: 70 years after the Chinese Revolution—How the struggle for socialism was betrayed
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Striking GM workers speak from the pickets
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In Defense of Artistic Freedom
Modern-day philistinism and reaction: the New York Times considers “canceling” French painter Paul Gauguin
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Midnight City
Do It, Try It
DSVII
Knife + Heart (Original Motion Picture Soundtrack)
M83 began in the southern French town of Antibes around the turn of the millennium as a duo, Anthony Gonzalez and Nicolas Fromageau. Equally indebted to the 4AD/My Bloody Valentine school of blissed-out, psychedelicized noise and to the chilled atmospheric sides of Paris and Berlin's electronic scenes, M83's self-titled debut and its 2003 follow-up, Dead Cities, Red Seas and Lost Ghosts, captured the tragedy and ascension of the post-9/11 moment. Befitting a group named after a universe, it was not small music, it did not back down from feelings and it could rock a dance floor without mocking rockers or dancers. Fromageau exited ahead of '05's Before the Dawn Heals Us, yet as titles like "Teen Angst" and "Don't Save Us from the Flames" may imply, M83 retained the sound and fury of a sonic battleground, youthful vigor and knowing hopelessness exploding and receding. A limited-edition EP of ambient sculptures called Digital Shades [Vol. 1] saw Gonzalez achieve an ambient calm. And when he re-entered the breach, '08's Saturdays = Youth found him embracing an '80s song form, an almost-pop band forming from the big bang of an electronic freak-out.
Working For A Nuclear Free City


Hbs.edu
STUART C. GILSON
Steven R. Fenster Professor of Business Administration Graduate School of Business Administration Harvard Business School Boston, MA 02163 Office: (617)
Ph.D University of Rochester (1988) M.Sc. University of Rochester (1985) M.A. University of British Columbia (1981) B.A.
Professor, Harvard Business School, 1999 – present. Faculty Chair, Finance Unit, Harvard Business School, 2003 – 2005. Associate Professor, Graduate School of Business Administration, Harvard University, 1995 – 1999. Assistant Professor, Graduate School of Business Administration, Harvard University, 1991 – 1995. Assistant Professor, Graduate School of Business, University of Texas at Austin, 1988 – 1991. Instructor, Graduate School of Management, University of Rochester, 1984 – 1998. Economist, The Bank of Canada, Ottawa, 1981– 1983
MBA and undergraduate teaching: Corporate finance, valuation, corporate restructuring, mergers and acquisitions, investment banking, financial statement analysis Executive teaching: Valuation, financial analysis, corporate restructuring, mergers and acquisitions,
Associate Editor, Financial Management (1994-2011), Journal of Corporate Finance Co-Chair, Academic Advisory Council, Turnaround Management Association Advisory Board, Bankruptcy, Reorganization, and Creditors’ Rights Abstracts Co-Chair, Supervisory Academic Committee, Journal of Restructuring Finance
SELECTED CONSULTING ENGAGEMENTS
Has provided executive training and education on business and securities valuation, corporate finance, financial analysis, and corporate restructuring for a variety of companies and organizations. Has served as an expert witness and economic consultant in litigation involving companies that are financially distressed, undergoing corporate restructuring, or in Chapter 11 bankruptcy. Issues addressed have included business and asset valuation, credit and solvency analysis, fraudulent conveyance, substantive consolidation, and the benefits and costs of Chapter 11. Member of the Advisory Board, Goldbidge Capital Partners LLC, 2012 – present Member of the Advisory Board , Schultze Asset Management LLC, 2001 – 2004. Member of the Advisory Board, Bid4Assets.com, 2000 – 2004. Advised the U.S. Department of Labor on a matter involving a failed investment by a pension plan fiduciary in a distressed company, 1995 – 1996. Provided advice and analysis to a member of Unsecured Creditors Committee in the Chapter 11 reorganization of Caldor Stores, 1996 – 1997. Provided advice to a proactive private equity investment fund in the attempted acquisition of a financially troubled company, 2001 – 2002. Has provided expert advice to the governments of Hungary and Bolivia on national bankruptcy law reforms, 1992 and 2002.
TESTIFYING EXPERIENCE
World Access, Inc. et al. v. R2 Investments, LDC (2002) USGen New England, Inc. v. Bear Swamp Generating Trust No. 1 LLC, et al. (2004) Bradley D. Sharp, Trustee of the CFS Liquidating Trust, on behalf of Commercial Financial Services, Inc. and CF/SPC NGU, Inc. v. Chase Manhattan Bank USA, N.A. at al. (2005) SPJST et al. v. JPMorgan Chase Bank (2005) Gerald K. Smith, Litigation Trustee of the Farmland Dairies LLC Litigation Trust v. Bank of America Corp. et al. (2007); G. Peter Pappas, Plan Administrator of the plan of Liquidation of Parmalat-USA Corp. v. Bank of America Corp. et al. (2007)
Distinguished Paper Award, Academy of Management Meetings, Business Policy and Strategy Division,
2012 (for “Do Analysts Add Value When They Most Can? Evidence from Corporate Spinoffs,” with
Emilie Feldman and Belen Villalonga).
Appointed Business Law Advisor to the American Bankruptcy Association (ABA) Business Bankruptcy
Committee, 2008–2010.
Top Ten Outstanding Bankruptcy Academics, Turnarounds and Workouts magazine.
Nominated for Smith-Breeden prize, American Finance Association, 1998.
John M. Olin Visiting Professor Fellowship, University of Virginia Law School, 1997.
Graham and Dodd Award, Association for Investment Management and Research, 1995.
Outstanding Paper in Financial Management, Financial Management Association, 1991.
A. BOOKS
Creating Value Through Corporate Restructuring: Case Studies in Bankruptcies, Buyouts, and Breakups (Second
Edition). John-Wiley & Sons, 2010.
B. JOURNAL ARTICLES
“Coming Through in a Crisis: How Chapter 11 and the Debt Restructuring Industry Are Helping to
Revive the U.S. Economy,” Journal of Applied Corporate Finance, vol. 24, Fall 2012, pp. 23-35.
“Do Analysts Add Value When They Most Can? Evidence from Corporate Spinoffs” (with Emilie
Feldman and Belen Villalonga), Strategic Management Journal (forthcoming, 2013)
"The Social Cost of Fraud and Bankruptcy" (with Joseph Bower), Harvard Business Review, vol. 81, 2003
(December), pp. 20-22.
“Analyst Specialization and Conglomerate Stock Breakups” (with Paul Healy, Christopher Noe, and
Krishna Palepu), Journal of Accounting Research, vol. 39, no. 3 (December) 2001, 565-582.
“Analysts and Information Gaps: Lessons From the UAL Buyout,” Financial Analysts Journal, vol. 56, no. 6
(November/December), 2000, 82-110.
“Valuation of Bankrupt Firms” (with Edith Hotchkiss and Richard Ruback), Review of Financial Studies,
vol. 13, 2000, 43-74. (Abridged version reprinted in: The Journal of Corporate Renewal, vol. 13, no. 7 (July),
2000.)
"Transactions Costs and Capital Structure Choice: Evidence from Financially Distressed Firms," Journal of
Finance, vol. 52, 1997, pp. 161-196. (Abstracted in: Contemporary Finance Digest, vol. 1 (Autumn), 1997,
pp. 31-32.)
"Perceptions and the Politics of Finance: Junk Bonds and the Regulatory Seizure of First Capital Life"
(with Harry DeAngelo and Linda DeAngelo), Journal of Financial Economics, vol. 41, 1996, pp. 475-511.
“Investing in Distressed Situations: A Market Survey,” Financial Analysts Journal, November/December,
1995, pp. 8-27. (Reprinted in: Security Analysts Journal, The Security Analysts Association of Japan, 1996
(Japanese translation). Theodore Barnhill, Jr., et al, eds., High Yield Bonds: Market Structure, Investment
Analysis, and Financing Applications (New York: McGraw-Hill, 1999).)
"Creditor Control in Financially Distressed Firms: The Empirical Evidence" (with Michael R. Vetsuypens), Washington University Law Quarterly, vol. 72, 1994, pp. 1005-1025. (Reprinted in: Corporate Practice Commentator, vol. 37, 1995, pp. 339-361. Charles Tabb, ed., A Bankruptcy Law Anthology (Chicago: Anderson Publishing Co.) forthcoming.) "Some Methodological Issues in Cross-Country Comparisons of Commercial Bankruptcy Law," in: Jacob S. Ziegel, ed., International and Comparative Corporate Insolvency Law (Oxford: Oxford University Press, 1994). "The Collapse of First Executive Corporation: Junk Bonds, Adverse Publicity, and the 'Run on the Bank' Phenomenon" (with Harry DeAngelo and Linda DeAngelo), Journal of Financial Economics, vol. 36, 1994, pp. 287-336. "Creating Pay for Performance in Financially Troubled Companies" (with Michael R. Vetsuypens), Journal of Applied Corporate Finance, vol. 6, Winter 1994, pp. 81-92. "CEO Compensation in Financially Distressed Firms: An Empirical Analysis” (with Michael R. Vetsuypens), Journal of Finance, vol. 43, 1993, pp. 425-458. (Reprinted in: Kevin Hallock and Kevin Murphy, eds., The Economics of Executive Compensation (United Kingdom: Edward Elgar Publishing. Ltd., 1999). Abstracted in: Financial Management Collection, vol. 7 (Winter), 1992, 21. Financial Management Collection, vol. 9 (Fall), 1994, p. 4.) "Managing Default: Some Evidence on How Firms Choose Between Workouts and Chapter 11," Journal of Applied Corporate Finance, vol. 4, Summer 1991, pp. 62-70. (Reprinted in: Donald Chew, ed., The New Corporate Finance: Where Theory Meets Practice (New York: McGraw-Hill, 1992). Jess Lederman and Michael Sullivan, eds., The New High Yield Bond Market (Chicago: Probus Publishing, 1993). Jagdeep Bhandari, ed., Corporate Bankruptcy: Economic and Legal Perspectives (Cambridge: Cambridge University Press, 1994). Theodore Barnhill, Jr., et al eds., High Yield Bonds: Market Structure, Investment Analysis, and Financing Applications (New York: McGraw-Hill, 1999).) "Troubled Debt Restructurings: An Empirical Study of Private Reorganization of Firms in Default” (with Kose John and Larry H.P. Lang), Journal of Financial Economics, vol. 26, 1990, pp. 315-353. (Reprinted in: Edward I. Altman, ed., Bankruptcy & Distressed Restructurings: Analytical Issues and Investment Opportunities (New York: Business One Irwin, 1992). Clifford W. Smith and Christopher James, eds., Studies in Financial Institutions: Commercial Banks (New York: McGraw-Hill, 1993).) "Bankruptcy, Boards, Banks, and Blockholders: Evidence on Changes in Corporate Ownership and Control when Firms Default," Journal of Financial Economics, vol. 26, 1990, pp. 355-387. (Reprinted in: Edward I. Altman, ed., Bankruptcy & Distressed Restructurings: Analytical Issues and Investment Opportunities (New York: Business One Irwin, 1992). Michael J. Brennan, ed., Empirical Corporate Finance (Glos: Edward Elgar, 2000). "Management Turnover and Financial Distress," Journal of Financial Economics, vol. 25, 1989, pp. 241-262. (Reprinted in: Edward I. Altman, ed., Bankruptcy & Distressed Restructurings: Analytical Issues and Investment Opportunities (New York: Business One Irwin, 1992). Charles Tabb, ed., A Bankruptcy Law Anthology (Chicago: Anderson Publishing Co.) forthcoming.)
C. WORKING PAPERS
"Private Versus Public Debt: Evidence From Firms That Replace Bank Loans With Junk Bonds" (with Jerold Warner).
D. CASE STUDIES AND TEACHING MATERIALS
W. R. Grace & Co.: Dealing with Asbestos Torts, Harvard Business School Case, 9-213-046.
General Growth Properties and Pershing Square Capital Management (with Arthur Segel, Thomas
Langer, Zubin Malkani, and John Mascari), Harvard Business School Case, 9-212-109.
Novartis Lucentis: Innovative Pricing Models, Harvard Business School Case, N1-212-013.
Novartis and Alcon, Harvard Business School Case, N1-212-059.
Countrywide plc, Harvard Business School Case, 9-211-026.
Houghton Mifflin Harcourt, Harvard Business School Case, 9-211-027.
Lyondell Chemical Company, Harvard Business School Case, 9-210-001.
Delphi Corp. and the Credit Derivatives Market (A) (with Victoria Ivashina), Harvard Business School
Case, N2-210-002.
Note on the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Harvard
Business School Case, N9-209-133.
Kmart and ESL Investments (A), Harvard Business School Case, 9-209-044.
Kmart and ESL Investments (B): the Sears Merger, Harvard Business School Case, 9-209-045.
Groupe Eurotunnel S.A. (A) (with Vincent Dessain), Harvard Business School Case, N9-209-062.
Groupe Eurotunnel S.A. (B): Restructuring Under the Procedure de Sauvegarde (with Vincent Dessain),
Harvard Business School Case, N9-209-113.
Customer Planning at Novartis Pharmaceuticals (with Paul Healy and Natalie Kindred), Harvard
NCH Germany (A): Strong Medicine (with Carin-Isabel Knoop), Harvard Business School Case, N1-209-
NCH Germany (B): A Christmas Surprise (with Carin-Isabel Knoop), Harvard Business School Case, N1-
NCH Germany (C): Postscript (with Carin-Isabel Knoop), Harvard Business School Case, N1-209-116.
Restructuring at Delphi Corporation (A), Harvard Business School Case, 9-208-069.
Adelphia Communications Corp.’s Bankruptcy (with Belen Villalonga), Harvard Business School Case, 9-
Adelphia Communications Corp.’s Bankruptcy (with Belen Villalonga), Harvard Business School
Teaching Note, 5-209-020.
Actigall: Managing the Divestment of Mature Drugs, Harvard Business School Case, N1-207-115.
Binomial Option Pricing Model Tutorial (with Nabil El-Hage), Harvard Business School online tutorial,
9-206-711.
Diovan – The First Novartis Mega-Brand, Harvard Business School Case, N1-203-108.
Starlix – Take it or Leave it, Harvard Business School Case, N1-203-109.
Arch Wireless, Inc., Harvard Business School Case, 9-203-073.
The Finova Group, Inc. (A), Harvard Business School Case, 9-202-095.
The Finova Group, Inc. (B), Harvard Business School Case, 9-202-096.
E.I. DuPont de Nemours & Company: The Conoco Split-Off (A), Harvard Business School Case, 9-202-
E.I. DuPont de Nemours & Company: The Conoco Split-Off (B), Harvard Business School Case, 9-202-
E.I. DuPont de Nemours & Company: The Conoco Split-Off (C), Harvard Business School Case, 9-202-
Buenos Aires Embotelladora S.A. (BAESA), Harvard Business School Case, 9-201-132. Seagate Technology Buyout (with Gregor Andrade and Todd Pulvino), Harvard Business School Case, 9-201-063. Seagate Technology Buyout (with Gregor Andrade and Todd Pulvino), Harvard Business School Teaching Note, 5-201-063. Valuing Companies in Corporate Restructurings, Harvard Business School Technical Note, 9-201-073. The Loewen Group Inc., Harvard Business School Case, 9-201-062. Alphatec Electronics Pcl, Harvard Business School Case, 9-200-004. Flagstar Companies, Inc., Harvard Business School Case, 9-299-038. FAG Kugelfischer - A German Restructuring, Harvard Business School Case, 9-298-046. FAG Kugelfischer - A German Restructuring, Harvard Business School Teaching Note, 5-298-128. Chase Manhattan Corporation: The Making of America’s Largest Bank, Harvard Business School Case, 9-298-016. Chase Manhattan Corporation: The Making of America’s Largest Bank, Harvard Business School Teaching Note, 5-298-127. Transportation Displays Incorporated (C), (with Joel T. Schwartz, Steven M. Silver, and David I. Stemerman [all MBA’95] ), Harvard Business School Case, 9-296-035. USX Corporation, Harvard Business School Case, 9-296-050. USX Corporation, Harvard Business School Teaching Note, 5-298-085. Scott Paper Company, Harvard Business School Case, 9-296-048. Scott Paper Company, Harvard Business School Teaching Note, 5-298-088. First Capital Holdings Corp. (with Harry DeAngelo and Linda DeAngelo), Harvard Business School Case, 9-296-032. First Capital Holdings Corp., Harvard Business School Teaching Note, 5-296-095. UAL Corporation, Harvard Business School Case, 9-295-130. UAL Corporation, Harvard Business School Teaching Note, 5-298-126. Donald Salter Communications, Harvard Business School Case, 9-295-114. Donald Salter Communications, Harvard Business School Teaching Note, 5-298-089. Navistar International, Harvard Business School Case, 9-295-030.
Navistar International, Harvard Business School Teaching Note, 5-298-086.
First Executive Corporation (with Harry DeAngelo and Linda DeAngelo), Harvard Business School Case,
First Executive Corporation, Harvard Business School Teaching Note, 5-294-136.
National Convenience Stores Incorporated (with Steven Fenster), Harvard Business School Case, 9-294-
National Convenience Stores Incorporated (with Steven Fenster), Harvard Business School Teaching
Note, 5-294-135.
Humana Inc.—Managing in a Changing Industry, Harvard Business School Case, 9-294-062.
Humana Inc.—Managing in a Changing Industry, Harvard Business School Teaching Note, 5-294-130.)
The Adjusted Present Value Method for Capital Assets (with Steven Fenster) Harvard Business School
Technical Note, 9-294-047.
Continental Airlines—1992 (Abridged) Harvard Business School Case, 9-294-058. Continental Airlines—1992 (Abridged) Harvard Business School Teaching Note, 5-294-127.
“Distressed Debt Investing” (moderator), Private Equity Conference 2011, Harvard Business School, “Valuing Companies in Chapter 11,” Law and Society Program (sponsored by The Federal Judicial Center), Harvard Law School, Cambridge, MA (April 2009) “Valuation Games in Restructurings and Insolvencies,” PricewaterhouseCoopers: Putting a Price on “Distressed Debt Securities and Portfolios: Keys & Techniques to Accurate Valuation,” The 8th Annual Conference on Valuation of Hard-to-Value Securities and Portfolios, New York, NY (June 2008) “Experts Behaving Badly: Tricks of the Trade,” Valcon – Hedge Funds, Distressed Debt, Risk and Restructurings (co-sponsored by University of Texas School of Law and The Association of Insolvency and Restructuring Advisors), Las Vegas, NV (February 2007) “Valuing Distressed Companies-Strategies to Enhance Investor Return,” Distressed Debt – The 2007 “Distressed Debt Securities and Portfolios: Keys & Techniques to Accurate Valuation,” The 7th Annual Conference on Valuation of Hard-to-Value Securities and Portfolios, New York, NY (November 2007) Hedge Funds, Creditor Control, and Restructuring, Columbia Law School, New York, NY (October 2006) “Valuation of Bankrupt Firms: Methods, Strategies & Tactics,” Law and Society Program, Harvard Law “Strategy and Tactics in Valuing Distressed Firms,” Conference on Distressed Investing ’06, New York, “Valuation Workshop: Mirant,” Conference on Distressed Investing ’05, New York, NY (December 2005) “Valuation and Feasibility: How to Spot the Tricks of the Trade” National Conference of Bankruptcy “The Restructuring of Alphatec Electronics and Implications for Corporate Restructuring in Southeast Asia,” World Bank Conference on Corporate Restructuring: International Best Practices, Washington DC (March 2004) “Business Insolvency and Managerial Behavior: An International Comparison Study,” Presentation at the American College of Bankruptcy, Washington DC (March 2004)“Opportunities in Distressed Investing,” Presentation to Wellspring Capital Partners Annual Investors Conference, New York (May 2004) “Business Insolvency and Managerial Behavior: An International Comparison Study,” Presentation to Turnaround Management Association Advanced Education Workshop, University of Toronto, Toronto (June 2004)“Valuation of Distressed Companies in Chapter 11,” Conference on Distressed Investing ’04, New York, NY (December 2004) “Strategy and Tactics For Valuing Companies in Chapter 11: Lessons From Some Recent Cases,” Turnaround Management Association Advanced Education Workshop, Chicago, IL (June 2003) “Valuation Issues in Bankruptcy,” Presentation at Chicago Bar Association Bankruptcy & Reorganization Committee Advanced Bankruptcy Seminar, Chicago, IL (June 2003) “Workshop on Bankruptcy Valuation: Case Study of US Airways,” Conference on Distressed Investing Workshop on Valuation Methods, presented to Wachovia Corporation Special Situations Group, “Creating Value Through Corporate Restructuring: Latest Research Findings,” American Bankruptcy Institute 20th Annual Spring Meeting, Washington, D.C. (April 2002) “Workshop on Bankruptcy Valuation: Case Study of Arch Wireless Group, Inc.,” Conference on Distressed Investing ’02, New York, NY (December 2002) Annual Management Retreat, Glass & Associates, Scottsdale, AZ (March 2001) Turnaround Management Association Advanced Education Workshop, New York University, New “Workshop on Bankruptcy Valuation: Case Study of FINOVA Group, Inc.,” Conference on Distressed Investing ’01, New York, NY (December 2001) American Finance Association Annual Meetings, Boston, MA (January, 2000) Southern Methodist University, Dallas, TX (April, 2000) “Valuation Strategies in Chapter 11: Lessons From the Flagstar Reorganization,” Weil, Gotshal & Manges LLP, WG&M Bankruptcy Seminar Series, New York, NY (April 2000) “Workshop on Bankruptcy Valuation: Case Study of Loewen Group, Inc.,” Conference on Distressed Investing ’00, New York, NY (November 2000) HBS-Journal of Financial Economics Conference on Field Based Research, Harvard Business School, Boston, “Uses and Abuses of Valuation in Chapter 11,” Dinner Presentation to Toronto-Area Bankruptcy Attorneys, Charles River Associates, Toronto, Ontario (September 1999) “Teaching Corporate Restructuring,” Financial Management Association Annual Meetings, Orlando, FL “Workshop on Bankruptcy Valuation: Case Study of Flagstar Companies, Inc.,” Conference on Distressed Investing ’98, New York, NY (November 1999) “The Gathering Storm: Trends in Distressed High-Yield,” First Annual High-Yield Summit Conference, American Finance Association Annual Meetings, Chicago, IL (January 1998) Harvard Business School, Organizations and Markets Area, O&M Coffee (February 1998) “Workshop on Valuation of Bankrupt Companies,” Weil, Gotshal & Manges LLP, WG&M Bankruptcy Seminar Series, New York, NY (April 1998) U.S. Securities and Exchange Commission, Washington, DC (April 1998) New York University, Stern School of Business, Finance Department, New York, NY (April 1998) Harvard University, Harvard Law School, Cambridge, MA (April 1998) “Strategies and Techniques for Valuing Companies in Bankrputcy,” Presentation to Commercial Law & Bankruptcy Section of the Bar Association of San Francisco, CA (June 1998) “Trying a Valuation Case,” American Bar Association Business Bankruptcy Committee Program, National Conference of Bankruptcy Judges, Dallas, TX (October 1998) Financial Management Association Annual Meetings, Chicago, IL (October 1998) University of Southern California, Los Angeles, CA (November 1998) “Workshop on Bankruptcy Valuation: Case Study of Flagstar Companies, Inc.,” Conference on Distressed Investing ’98, New York, NY (November 1998) Ninth Annual Conference on Financial Economics and Accounting, New York University, New York, NY New York Federal Reserve Bank, New York, NY (April 1997) University of Wisconsin-Madison, School of Business, Finance Department, Madison, WI (May 1997) University of Texas at Austin, Graduate School of Business Administration, Finance Department, Austin, University of Virginia, School of Law and Graduate School of Business Administration (joint seminar), Columbia University, Graduate School of Business, New York, NY (October 1997) “Uses and Abuses of Valuation in Chapter 11,” Dinner Presentation to Boston-Area Bankruptcy Attorneys, Charles River Associates, Boston, MA (November 1997) National Bureau of Economic Research, Finance Brown Bag Lunch, Cambridge, MA (November 1997) Harvard Business School, Finance Area, Brown Bag Lunch (November 1997) Charles River Associates, Boston, MA (November 1997) “Workshop on Valuation of Companies in Chapter 11,” Conference on Distressed Debt, Strategic Research Institute, New York, NY (December 1997) American Finance Association Annual Meetings, San Francisco, CA (January 1996) University of Maryland, Annual Conference on Financial Economics and Accounting, College Park, MD Harvard Business School, Financial Decisions and Control Workshop (July 1996) University of Rochester, William E. Simon Graduate School of Business, Finance Department, Rochester, “Transactions Costs and Capital Structure Choice: Evidence From Financially Distressed Firms,” National Conference of Bankruptcy Judges, San Diego, CA (October 1996) Harvard Business School, Finance Area, Seminar Series (October 1996) Financial Management Association Annual Meetings (October 1996) National Bureau of Economic Research, Corporate Finance Workshop, Cambridge, MA (November 1996) Michigan State University, Graduate School of Business Administration, Finance Department, East Harvard Business School, Finance Area, Brown Bag Lunch (March 1995) University of Pittsburgh, Katz Graduate School of Business, Department of Finance, Pittsburgh, PA (May Federal Reserve Board, Washington D.C. (November 1995) Association of Managerial Economists Annual Meetings, Boston, MA (January 1994) Vanderbilt University, Owen Graduate School of Management, Department of Finance, Nashville, TN Boston College, W.E. Carroll School of Management, Department of Finance, Chestnut Hill, MA Washington University, School of Law, Interdisciplinary Conference on Bankruptcy and Insolvency “Out of the Ashes: Identifying Value in Troubled Companies,” The Berkeley Program in Finance, University of Texas at Austin, Graduate School of Business Administration, Finance Department, Austin, Western Finance Association Annual Meetings, Sante Fe, NM (June 1994) Dartmouth College, Amos Tuck School of Business Administration, Finance Department, Hanover, NH University of Florida, College of Business Administration, Department of Finance, Insurance and Real Association of Managerial Economists Annual Meeting, Anaheim, CA (January 1993) Harvard Business School, Finance Area, Brown Bag Lunch (January 1993) Ohio State University, College of Business, Department of Finance, Columbus, OH (March 1993) National Bureau of Economic Research, Corporate Finance Workshop, Cambridge, MA (March 1993) Virginia Polytechnic Institute and State University, College of Business, Department of Finance, Insurance, and Business Law, Blacksburg, VA (May 1993) University of Toronto, Faculty of Law, Conference on International and Comparative Commercial Insolvency Law, Faculty of Law, (June 1993) Jönköping International Business School Foundation, The Law and Economics of Financial Distress and Bankruptcy, Jönköping, Sweden (August 1993) University of Southern California, School of Business Administration, Department of Finance and Business Economics, Los Angeles, CA (September 1993) Northern Finance Association Annual Meetings, Halifax, NS (September 1993) Yale University, School of Law, New Haven CT (October 1993) Rutgers University, Graduate School of Management, Department of Finance and Economics, Newark, University of Pennsylvania, The Wharton School, Finance Department, Philadelphia, PA (November University of Michigan, School of Business Administration, Department of Finance, Ann Arbor, MI The American Finance Association Annual Meetings, New Orleans, LA (January 1992) Massachusetts Institute of Technology, Sloan School of Management, Department of Finance, Cambridge, University of Rochester, William E. Simon Graduate School of Business, Finance Department, Rochester, Western Finance Association Meetings, San Francisco, CA (June 1992) University of North Carolina, Kenan-Flagler Business School, Department of Finance, Chapel Hill, NC Georgetown University, School of Business Administration, Finance Department, Washington, D.C. The Securities and Exchange Commission, Washington, DC (March 1991) New York University, Stern School of Business, Conference on Corporate Bankruptcy and Restructurings, New York, NY (March 1991) Boston College, W.E. Carroll School of Management, Department of Finance, Chestnut Hill, MA (April Texas A&M University, College of Business Administration, Department of Finance, College Station, TX National Bureau of Economic Research, Harvard Business School, Boston, MA (August 1991) The Financial Management Association Annual Meetings, Chicago, IL (October 1991) New York University, Stern School of Business, Finance Department, New York, NY (October 1991) University of Southern California, School of Business Administration, Department of Finance and Business Economics, Los Angeles, CA (November 1991) University of Oregon, Lundquist College of Business, Department of Finance, Eugene, OR (March 1990) Harvard Business School, Conference on Structure and Governance of Enterprise (March 1990) The Western Finance Association Annual Meetings, Santa Barbara, CA (June 1990) The Financial Management Association Annual Meetings, Orlando, FL (October 1990) Association of Managerial Economists Annual Meetings, Washington, DC (December 1989) The Western Finance Association Annual Meetings, Seattle, WA (June 1989) The Financial Management Association Annual Meetings, Boston, MA (October 1989) Southern Methodist University, Cox School of Business, Department of Finance, Insurance, and Real Vanderbilt University, Owen Graduate School of Management, Department of Finance, Nashville, TN Southern Methodist University, Cox School of Business, Department of Finance, Insurance, and Real University of Texas at Austin, Graduate School of Business Administration, Finance Department, Austin, The University of California at Davis, Graduate School of Management, Finance Department, Davis, CA University of Southern California, School of Business Administration, Department of Finance and Business Economics, Los Angeles, CA (February 1988) Tulane University, Freeman School of Business, Finance Group, New Orleans, LA (February 1988) The University of Utah, Eccles School of Business, Department of Finance, Salt Lake City, UT (March The American Finance Association Annual Meetings, New York, NY (December 1988)
Source: http://www.hbs.edu/faculty/Profile%20Files/Gilson_curriculum%20vita_%20010414_df86511a-0281-4e0b-8405-dd11c2655fd0.pdf
0105880sy01a-13 (online syllabus course 1).indd
At-Home Professions Healthcare Document Specialist Syllabus Course One Welcome to Course One of your Healthcare Document Specialist program! I will be your guide as you prepare for your new career as a healthcare document specialist. If you have any questions or want to discuss general topics, feel free to contact me through the course. (Click on participant; then, click on my name to
Informazioni Generali Premessa Dal 1974, data dell’invasione turca, l’isola di Cipro è formalmente divisa in due comunità, quella greca, che è la più numerosa, e quella turca. L’unico Stato internazionalmente riconosciuto è la Repubblica Cipriota formata dalla comunità greca, poiché la Repubblica Turca di Cipro del Nord è riconosciuta solo dal Governo turco. La presente sche


Home » Barry Callebaut Opens New Chocolate Factory in Brazil
Barry Callebaut Opens New Chocolate Factory in Brazil
Last month, Barry Callebaut AG, the world’s leading manufacturer of cocoa and chocolate products, officially opened its first chocolate factory in South America.
Chairman Andreas Jacobs and CEO Jurgen Steinemann (right) at the inauguration of the new Barry Callebaut factory in Extrema MG, Brazil, on May 27. (Photopress/AP Photo/Nelson Antoine)
Last month, Barry Callebaut AG, the world’s leading manufacturer of cocoa and chocolate products, officially opened its new chocolate factory in Extrema, Minas Gerais, near São Paulo, Brazil - the company’s first chocolate factory in South America. According to Barry Callebaut, the factory marks another cornerstone in its strategy to “selectively expand its geographic presence to emerging markets that offer above-average growth opportunities.”
The $15-milion chocolate factory in Extrema has been designed to meet the highest quality and food safety standards. The plant has an initial production capacity of 20,000 tons, which can easily be doubled based on demand. In addition, 70 new jobs were created as a result of the investment.
The new factory will make high-quality dark, milk and white chocolate as well as compound for artisanal and industrial customers, but no end-consumer products. Capacity utilization at the plant is expected to rise rapidly. Eighty percent of the factory’s production targets toward the rapidly growing food service market, which includes restaurants, fast-food restaurants, bakeries, pastries, in-store bakeries, caterers, hotels, chocolatiers, and hospital and school canteens.
For the distribution of food service products manufactured in Extrema, Barry Callebaut signed an exclusive distribution agreement in 2009 with Bunge, a leading agribusiness company. Every day, Bunge serves about 25,000 points of sale in Brazil.
“Brazil is the fifth-largest country in the world, with a population of more than 190 million, and the country has returned much faster to its earlier growth dynamic than most other economies after the recent economic turmoil,” Barry Callebaut CEO Juergen Steinemann said at the grand opening.
“In addition, the Brazilian government as well as the International Monetary Fund (IMF) are expecting a GDP growth of up to 6% for 2010,” he continued. “Against this background and based on growth forecasts for the Latin American chocolate market of more than 3% in volume terms [Source: Euromonitor International] annually over the next three years, we see a tremendous market potential - not only in Brazil, but in the entire region. Seventy-five percent of the Brazilian GDP is generated within a radius of 500 kilometers from Extrema. With our existing cocoa factory in Ilhéus, Bahia, and now our new chocolate factory in Extrema, we are close to our local customers and well-positioned to achieve our goal to also become the No. 1 chocolate supplier to Brazil’s fast-growing food service industry.”
Barry Callebaut has been present in Brazil with a cocoa factory in Ilhéus, Bahia, since 1999, and employs more than 300 people in the country. Today, the company operates nine cocoa and chocolate factories across the Americas.
Barry Callebaut opens new chocolate factory in Mexico
Barry Callebaut opens new chocolate factory near São Paulo
Barry Callebaut opens first chocolate factory in Indonesia
Barry Callebaut opens second factory in Mexico
Kettle Awards 2020


Uncanny X-Men #3 The Arrival
Posted on November 28, 2018 by MAJK • 0 Comments
Prior to Uncanny X-Men #3, our heroes were fighting on multiple fronts.
Jean and her team were trying to tame the dinosaurs running amok in Montana. X-23 had been eaten by a T-Rex and then ripped her way out in true Wolverine fashion.
Storm took her team to Kansas, where they encountered millions of Multiple Man (trying saying that ten times fast) clones. Okay, it wasn’t exactly millions but definitely thousands and exponentially more than they expected. Storm and her team were in the process of being overwhelmed.
Meanwhile back at the mansion, a mysterious visitor has waded through the piles of protesters to stand at the door facing our new recruits.
Warning: If you have not read Uncanny X-Men #3 There May Be Spoilers Below
‘Uncanny X-Men #3’ Cover Art
Written by Ed Brisson, Matthew Rosenberg, Kelly Thompson
Art by Yildiray Cinar
Cover by Leinil Francis Yu
Dinosaurs Down
Uncanny X-Men #3 is the third offering of this 10-part series. While this launch of this limited series started out facing harsh criticism from some for the chaotic story style, the multiple threads are starting to more clearly weave one tale. It’s still not easily understood why some of these events are happening but a complex story-line isn’t a bad thing – especially given this is the Uncanny X-Men.
If you also keep in mind that the events of Extermination & the upcoming Exterminated – it starts to look like Marvel is re-organizing its vast expanse of X-men and possibly moving toward a more cohesive Universe. That would explain why this relaunch is a short series rather than an ongoing. Hopefully, this is setting up for a new on-going Uncanny X-men series but whether this is the case or not; Uncanny X-Men #3 marks the point where we begin getting a few answers. The story is beginning to make more sense even for those who are new to the comic. Little by little, the pieces are falling into place. Unfortunately, it looks like our heroes are still confused.
Jean and her team managed to get the dinosaurs under control and rejoin Storm’s team, where she is surprised by the horde of Jamie Madrox clones. In the process of subduing the chaos, they discover Jamie Madrox in the most unlikely of places. It turns out my prediction about Legion was right. The big question is why. Jamie’s got a few answers and more than a few bumps and bruises.
Our X-kids ignored their instincts in favor of compassion and let Legion into the house. It doesn’t take them long to see that was a mistake. Legion is fixated on saving the world and his patience is running low. Fortunately, Beast is on his way back to the mansion, and he’s not the only one. Jean, Storm, and the rest of the X-Men are in flight back with their injured teammates when Beast appraises them of trouble at the mansion.
Keep in mind that Legion isn’t necessarily a bad guy, or rather he doesn’t really see himself as a bad guy. He informs Jean that he is responsible for the vision she had in Uncanny X-Men #1. His continued insistence that he’s trying to protect them leads jean to demand to know what exactly he is protecting them from.
Enter the Four Horsemen. But these are not the Horseman we’ve seen before. The Four Horsemen traditionally serve Apocalypse after enduring a torturous conversion during which he augments their powers and/or outfits them with specially designed weapons and equipment using his advanced technology. That’s not the case, as these Horsemen look more like they’ve just stepped from the pages of a Christian Bible. We know also where Apocalypse is (Uncanny X-Men #1) and he didn’t look like he was in the condition to do much of anything.
All of these mutants are well known to fans and only one of them has ever been a Horsemen.
Uncanny X-Men #3 ends on a hell of a cliffhanger and there’s so much I want to say but really – you just need to read Uncanny X-Men #3.
On the whole, I’m quite happy with this series, especially considering that there are three writers’ voices telling the tale. It’s very impressive that you can’t tell when one writer transitions to the next, even in the first issue. Uncanny X-Men #3 has no particular narration that stands out which allows each of character to have very distinct voices.
The story is complex but the character interaction is solid. Their many moments humanize our heroes. Iceman and Jean discussing Laura’s MVP moment, Bobby’s excitement about the Dinosaur mission, the frustration of the recruit causing a bit of bickering, the recruits needing to be acknowledged by the veteran X-Men, and my personal favorite – Jean and Storm having coffee.
As for the plot, yes, it’s a bit convoluted with some familiar elements (anti-mutant politicians are a staple but given that we still have obviously racist politicians IRL…) but the complexity of the plot is intriguing. As of Uncanny X-Men #3 the pieces we have are
A mysterious Master of the Four Horsemen
Someone powerful enough to take down Apocalypse
Legion obsessed with saving the world
Kitty Pryde captured
Bishop received a warning about an unspecified cataclysmic event
Beast retrieving a mystery container from the lab
Someone with the ability to grant ordinary humans mutant powers
How could you not be interested in where this story is going?
Then there’s the art. I mentioned that I was stoked to see Cinar’s work on this issue. It was everything I expected. The full page of Storm and her team fighting the clones in Russell Springs, Kansas is amazing. I can’t decide if that or the first panel of Uncanny X-Men #3 (the one of Jean’s team in Montana) is my favorite. Cinar does a great job with faces too – Legion goes from benign genial dude to full throttle crazy-eyes. My favorite expression has to be the Horseman (no spoiler) talking with Jean. You’d recognize who he is even if they hadn’t named him. It’s the religious fervency of his expression in the second to the last panel of this comic really got me.
Best Line:
Bishop: “And your sign, sir.”
Actually, It’s not the line – it’s the look and the line. It’s really the whole 4-panel spread at the bottom of the second page. The way Bishop reaches out to help a person who sees him as an enemy. He bridges the hate with the common courtesy that he knows he’d never receive from this guy. It’s the way he calmly returns the guy’s sign painted with the slogan “God Hates Muties” and the disapproval firmly expressed in his face while he remains on a level of polite, calm civility that this bigot will never reach. There’s so much that makes Bishop one of my favorite characters; this single moment illustrates much of it.
Predictions: None I will say. I’m sitting here just waiting eagerly for the next issue. Uncanny X-Men #3 ended on a note I refuse to spoil because it’s a jaw drop.
Next Issue: December 5, 2018
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Tags: X-Men
M.J. Kaufmann is a 20-year veteran of the IT field, with a Master of Science in Information Security. She's also an anime junkie, an avid gamer, and a writer. She has dragons & a lightsaber.
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Clinical Solutions - Press Info - Press Releases
Elsevier’s ClinicalKey Announces 2012 Editorial Advisory Board
Atlanta, GA, June 12, 2012– Elsevier, a world-leading publisher of scientific, technical and medical information products and services, announced today the members of its editorial advisory board for ClinicalKey, the next generation clinical insight engine that launched in April 2012. The board is composed of 12 doctors who represent a multitude of medical specialties.
“In assembling this editorial advisory board, we wanted it to reflect ClinicalKey’s broad reach across many medical specialties while also having clinicians with deep experience within each specialty area,” said Jim Donohue, Managing Director, Global Clinical Reference, Elsevier. “These physician leaders offer decades of experience in research and patient care, and they understand what clinicians are looking for when seeking clinical answers.”
David Goldmann, M.D., the Editor-in-Chief of Elsevier’s First Consult, is the board chair.
The advisory board members are the following:
1. David Goldmann, M.D., FACP, Board Chair (Internal Medicine), Vice President, Editor in Chief, First Consult, Associate Professor, Department of Medicine, University of Pennsylvania School of Medicine, Philadelphia.
2. Michael H. Crawford, M.D. (Cardiovascular Disease),Chief of Clinical Cardiology, UCSF Medical Center, San Francisco.
3. Joseph Ming Wah Li, M.D. (Hospital Medicine), Associate Professor of Medicine, Harvard Medical School; Chief, Section of Hospital Medicine, Beth Israel Deaconess Medical Center, Boston.
4. Jay S. Duker, M.D. (Ophthalmology), Professor and Chairman, Department of Ophthalmology, Tufts University School of Medicine, Boston.
5. Hugh C. Hemmings Jr., M.D., PhD (Anesthesiology and Pharmacology), Professor and Vice Chair of Anesthesiology and Professor of Pharmacology, Weill Medical College of Cornell University, New York.
6. Frank H. Miller, M.D. (Radiology),Professor of Radiology, Chief of Body Imaging and GI Imaging, Northwestern University Feinberg School of Medicine, Chicago.
7. Thomas Moore, M.D. (Obstetrics & Gynecology/Reproductive Medicine), Professor and Chairman, Department of Reproductive Medicine, UCSD School of Medicine, San Diego.
8. M. Blair Marshall, M.D. (Thoracic Surgery), Chief, Division of Thoracic Surgery, Georgetown University Medical Center, Washington, D.C.
9. Bonita Stanton, M.D. (Pediatrics),Schotanus Professor and Chair, Department of Pediatrics, Wayne State University School of Medicine, Detroit.
10. Denne Thomas-Patterson, M.D. (Family Medicine),Crozer Keystone Health System, Philadelphia.
11. Stephen R. Thompson, M.D., MEd, FRCSC (Orthopedic Surgery/Sports Medicine),Fowler Kennedy Sport Medicine Clinic, University of Western Ontario, Canada.
12. Todd W. Thomsen, M.D., Harvard University (Emergency Medicine), Instructor in Medicine, Harvard Medical School, Boston.
13. Leonard S. Lilly, M.D. (Cardiovascular Disease),Chief of Brigham and Women’s/Faulkner Cardiology, Professor of Medicine, Harvard Medical School, Boston.
ClinicalKey draws upon answers from the largest collection of clinical resources, covering every medical and surgical specialty. ClinicalKey's content includes more than 800 textbooks and 500 top medical journals, providing the most current clinically relevant evidence-based answers, as well as expert commentary, MEDLINE abstracts and select third-party journals.
More detail about individual and institutional subscription packages is at Info.ClinicalKey.com.
Tom Reller
Vice President, Global Corporate Relations
T.Reller@Elsevier.com


Professor Jim Murray Elected SEB Vice-President
The Society for Experimental Biology is delighted to announce that Professor Jim Murray (Cardiff University, UK) has been elected to the role of SEB Vice-President.
Dr Tommy Norin Elected SEB Early Career Trustee
The Society for Experimental Biology (SEB) is delighted to announce that Dr Tommy Norin (Technical University of Denmark, Denmark) has been elected as the Society’s new Early Career Researcher (ECR) Trustee.


Biko & the South African Student Organisation
This evening the University of KwaZulu-Natal will host their annual Steve Biko Memorial Lecture, to commemorate the 41st anniversary of Steve Biko’s death.
The crowd at Steve Biko’s funeral
On the 18th August 1977, Biko and his associate, Peter Jones, were stopped at a routine road block near Grahamstown. When the police recognised the men, they were arrested under the Terrorism Act which gave the police the power to detain suspects indefinitely without a trial or court appearance. Less than a month later, on the 12th September 1977, Steve Biko died from a massive brain haemorrhage, the result of prolonged torture at the hands of the police. The explanation given at the time by the Minister of Justice and Police, Jimmy Kruger, was that Biko had died whilst on a hunger strike.
Steve Biko was instrumental in the formation of the South African Student Organisation (SASO), which was headquartered at 86 Beatrice Street in Durban (now Charlotte Maxeke Street). SASO, which was a break away organisation of the National Union of South African Students (NUSAS) was heavily influenced by the University Christian Movement (UCM) which focused on Black Theology. Black Theology or ‘Liberation Theology’ preached racial equality and emphasised the fact that blackness and inferiority were not a punishment, nor a condition created by God.
SASO newsletter, 1972
But Biko, who was studying medicine at the then University of Natal, was not content with the UCM. He and his fellow learners observed that while the majority of the UCM members were black, the leadership structure was mostly made up of whites, seemingly contradicting the primary message of Black Theology. Subsequently in 1968, during a UCM meeting, it was decided that there was a need to form an exclusively black student organisation, and a conference was organised which saw the birth of SASO. The following year, in July 1969, SASO held its inaugural national conference, during which Steve Biko was elected as its first president.
The decision to break away from NUSAS was also motivated by the emergence of Black Consciousness, a philosophy borne out of Black Theology, and founded by Biko. Black Consciousness rejected the idea that white people could play a role in the liberation of black people. Biko and his colleagues felt that the black population needed to learn to speak for itself.
Initially SASO adopted a conciliatory tone towards NUSAS, deeply concerned that breaking away from NUSAS would alienate it from those black students who were committed to working with the student organisation. But as time passed Biko and his colleagues became more militant in the expressing of their views. As SASO grew in both confidence and numbers, the apartheid government began to view the organisation and its members as a serious threat, and in 1973 the Minister of Justice issued banning orders to eight SASO leaders, including Steve Biko.
In 1974, SASO was listed as an ‘affected’ organisation under the Affected Organisation Act, denying it any foreign funding, and on the 19th October 1977, just a month after the death of Steve Biko, SASO and its associated Black Consciousness organisations were banned.
While it seems that there were no attempts to move the party underground, the ideologies and political objectives of SASO were adopted by successive organisations such as the South African National Students’ Congress, and the Azanian People’s Organisation (AZAPO). Today AZAPO supporters marched to Pretoria Central Prison (now named the Kgosi Mampuru Correctional facility), the site of Steve Biko’s untimely death.
Members of AZAPO view the 12th September as a public holiday, underlying the importance of the contribution that Biko made to the country’s fight for freedom:
Biko’s contribution to the liberation struggle remains unmatched. He championed mental freedom, but more importantly dealt with fear, which enabled hundreds of thousands of young people to confront the brutal apartheid system with nothing but sheer courage. Issue 28 of Azapo Voice
Images courtesy of readinglist.click, www.saha.org.za, 77to15.wordpress.com and azapo.org.za
Tags: Azapo, Black Consciousness Movement, liberation heritage route, National Union of South African Students, South African Student Organisation, Steve Biko
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https://www.nationalgeographic.com/magazine/2018/04/the-stop-race-police-traffic.html
MagazineThe Race Issue
For Black Motorists, a Never-Ending Fear of Being Stopped
Minorities are pulled over by police at higher rates than whites. Many see a troubling message: You don't belong.
The Constant Fear of Driving While Black
Law-abiding black and Hispanic drivers are often left frightened and humiliated after being stopped by police, who too often see them as criminals. Listen as individuals across the country share their stories.
By Michael A. Fletcher
Photographs by Wayne Lawrence
This story is part of The Race Issue, a special issue of National Geographic that explores how race defines, separates, and unites us. Tell us your story with #IDefineMe.
The Undefeated—an ESPN website that explores the intersection of race, culture, and sports—teamed up with National Geographic to ask people of color across the U.S. what it’s like to be racially profiled during a traffic stop, and the ripple effect such incidents can have on families and communities. This report also will appear on TheUndefeated.com.
Black motorists are pulled over by police at rates exceeding those for whites. It’s a flash point in the national debate over race, as many minorities see a troubling message: You don’t belong here.
An idyllic afternoon of Little League baseball followed by pizza and Italian ice turned harrowing when two police officers in Bridgeport, Connecticut, stopped Woodrow Vereen, Jr., for driving through a yellow light.
A music minister at his church, Vereen struggled to maintain eye contact with his young sons as one of the officers instructed Vereen, who is black, to get out of the car and lean over the trunk, and then patted him down. Vereen could see tears welling in the eyes of his seven- and three-year-old sons as they peered through the rear window. He cringed as folks at a nearby bus stop watched one of the officers look through his car.
He never consented to the 2015 search, which turned up nothing illegal. The American Civil Liberties Union of Connecticut sued on behalf of Vereen, alleging that police searched him without probable cause. Last year, two years after the incident, he received a settlement from the city. His tickets—for running a light and not carrying proof of insurance—were dismissed.
This story helps launch a series about racial, ethnic, and religious groups and their changing roles in 21st-century life. The series runs through 2018 and will include coverage of Muslims, Latinos, Asian Americans, and Native Americans.
Yet the stop lives with him.
Traffic stops—the most common interaction between police and the public—have become a focal point in the debate about race, law enforcement, and equality in America. A disproportionate share of the estimated 20 million police traffic stops in the United States each year involve black drivers, even though they are no more likely to break traffic laws than whites. Black and Hispanic motorists are more likely than whites to be searched by police, although they are no more likely to be carrying contraband.
Across the country, law-abiding black and Hispanic drivers are left frightened and humiliated by the inordinate attention they receive from police, who too often see them as criminals. Such treatment leaves minorities feeling violated, angry, and wary of police and their motives.
Activists have taken to the streets to protest police shootings of unarmed black people. Athletes, including National Football League players, have knelt or raised clenched fists during the singing of the national anthem at sports events to try to shine a light on lingering inequality.
Vereen had always told his children that the police were real-life superheroes. Now that story had to change. “Everything I told them seems to be untrue,” said Vereen, 34. “Why is this superhero trying to hurt my dad? Why is this superhero doing this to us? He is supposed to be on our side.”
The first time my now 28-year-old son was stopped by police, he was a high school student in Baltimore, Maryland. He was headed to a barber shop when he was startled by flashing lights and the sight of two police cars pulling up behind him. The stop lasted just a few minutes and resulted in no ticket. It seems the cops just wanted to check him out. My son’s fear morphed into indignation when an officer returned his license, saying, “A lot of vehicles like yours are stolen.” He was driving a Honda Civic, one of the most popular cars on the road.
Shaken by cases in which seemingly routine traffic stops turn deadly, many black parents rehearse with their children what to do if they are pulled over: Lower your car window so officers have a clear line of sight, turn on the interior lights, keep your hands visible, have your license and registration accessible, and for God’s sake, let the officer know you are reaching for them so he doesn’t shoot you.
Drivers of all races worry about running afoul of the rules of the road. But blacks and Hispanics, in particular, also worry about being stopped if they are driving a nice car in a modest or upscale community, a raggedy car in a mostly white one, or any kind of car in a high-crime area. It affects everyone, from ministers and professional athletes to lawyers and the super-rich.
“It’s been more times than I care to remember,” said Robert F. Smith, 55, a private equity titan and philanthropist, when asked how often he thinks he has been racially profiled. Smith, with a net worth of more than three billion dollars, is listed by Forbes as the nation’s wealthiest African American. Yet he still dreads being pulled over.
“A very familiar feeling comes each time I’m stopped,” he said. “And that’s the same feeling I got the first time I was stopped, when I was 17 years old.”
Rosie Villegas-Smith, a Mexican-born U.S. citizen who has lived in Phoenix, Arizona, for 28 years, has been stopped a couple of times by Maricopa County sheriff’s deputies, who are notorious for using allegations of minor traffic violations to check the immigration status of Hispanic drivers.
In 2011 federal investigators found that the department pulled over Hispanic drivers up to nine times more often than other motorists. The stops were part of a crackdown on undocumented immigrants ordered by Joe Arpaio, the Maricopa County sheriff from 1993 to 2016.
Courts ruled the stops illegal, but Arpaio pressed ahead and was found guilty of criminal contempt in July 2017. President Donald Trump—who has stoked racial tensions by bashing immigrants, protesting athletes, and others—pardoned Arpaio the following month. Arpaio recently announced plans to run for a seat in the U.S. Senate.
The statistics on traffic stops elsewhere are spotty—neither uniformly available nor comprehensive—but they show the same pattern of blacks and Hispanics being stopped and searched more frequently than others. The disparity spans the nation, affecting drivers in urban, suburban, and rural areas. Men are more at risk than women, and for black men, being disproportionately singled out is virtually a universal experience.
A 2017 study in Connecticut, one of the few states that collect and analyze comprehensive traffic-stop data, found that police disproportionately pull over black and Hispanic drivers during daylight hours, when officers can more easily see who is behind the wheel. Many police departments have policies and training to prevent racial profiling, but those rules can get lost in day-to-day police work.
“One reason minorities are stopped disproportionately is because police see violations where they are,” said Louis Dekmar, president of the International Association of Chiefs of Police, who runs the police department in LaGrange, Georgia. “Crime is often significantly higher in minority neighborhoods than elsewhere. And that is where we allocate our resources. That is the paradox.”
Too often, officers treat minorities driving in mostly white areas as suspect, Dekmar said. “It’s wrong, and there is no excuse for that,” he said.
Robert L. Wilkins was a public defender in 1992, when he and several family members were stopped by a Maryland state trooper while returning to Washington, D.C., from his grandfather’s funeral in Chicago. The trooper accused them of speeding, then asked to search their rented Cadillac. “If you’ve got nothing to hide, then what’s your problem?” the trooper said when they objected to the search on principle.
The trooper made them wait for a drug-sniffing dog. As Wilkins and his family stood on the side of the highway, a German shepherd sniffed “seemingly every square inch of the car’s exterior,” Wilkins recalls. Before long, there were five or six police cars around them. At one point, Wilkins, now a judge on the U.S. Court of Appeals for the District of Columbia, noticed a white couple and their two children staring as they rode by. He imagined that they thought the worst: “They’re putting two and two together and getting five,” he said. “They see black people and they’re thinking, ‘These are bad people.’ ”
Wilkins filed a class-action suit alleging an illegal search and racial profiling, and the state of Maryland settled, largely because of an unearthed police document that had warned troopers to be on the lookout for black men in rental cars, who were suspected of ferrying crack cocaine. The settlement required state police to keep statistics on the race and ethnicity of drivers who were stopped. A second suit forced police to revamp their complaint system. Those changes brought some improvement, and racial disparities in traffic stops in Maryland were cut in half.
What lingers, though, is the indignity and anger that drivers feel over being singled out. “There’s a power that they want to exert, that you have to experience. And what do you do about it?” Smith said. “There’s an embedded terror in our community, and that’s just wrong.”
In 19 of 24 states, black Americans are more likely to be stopped than whites.
Traffic stops for white and black Americans per 100 driving-age people, 2015 (where data is available)
After they are pulled over, black Americans are more likely to be searched in all but one state, even though they are no more likely to be carrying illegal substances.
Searches for white and black Americans per 100 people stopped, 2015 (where data is available)
Black Americans are more likely than whites to be ticketed after a stop in all but two states.
Tickets for white and black Americans per 100 people stopped, 2015 (where data is available)
Black Americans are more likely than whites to be arrested after a stop in all 13 states.
Arrests for white and black Americans per 100 people stopped, 2015 (where data is available)
SOURCE: Stanford University Open Policing Project
NOTE: Cook, which includes Chicago, was the only county in Illinois that provided data, but it represents 68 percent of the state’s black population. Graphic data are limited to highway traffic stops, which may include out-of-state drivers, and do not reflect stops on other roadways.
Michael Fletcher, a senior writer at the Undefeated, previously was a reporter at the Washington Post covering education and race relations. He is co-author of the 2007 book Supreme Discomfort: The Divided Soul of Clarence Thomas. Wayne Lawrence is a widely published documentary photographer whose stated focus is “communities otherwise overlooked by mainstream media.” His work has been exhibited at galleries and institutions including the Bronx Museum of the Arts. Lawrence also shot the photos for this month’s story on intermarriage.