that would later be established through the Fame television series into a template for all subsequent dance films), where an underdog/rebel works hard and makes good on the day of their audition/opening show, Saturday Night Fever was rather a more serious drama dealing with strong adult themes – love, sexual relationships, pregnancy, brawls, familial conflict and the realities of the daily grind of work in a dead-end job. The fantasy of ’living the dream’ was there all right, but seen in the context of a frank and gritty realism out of which the Disco phenomenon would arise (The Brooklyn Italian-Catholic family life of Travolta’s Tony Manero and the social climate of America in the late 70s is scarcely less streetwise than early Scorsese), it only served to enhanceimmediately frightened by the ‘ghost woman in the library’ scene.

However, the first film I ever demanded to see was Transformers: The Movie in 1986. This was when the 1980s Transformers craze was at its zenith and the movie was probably the most eagerly awaited event since the birth of Christ (amongst its legion of fans, anyway). I was one of those fans, big time. I devoured the Marvel comics, religiously watched the cartoon series on ITV, and saved my pocket money to buy the latest toys (I wasn’t the only one, as I’m sure my brother would attest). A friend had got hold of the graphic novel adaptation in advance of the film’s release, and catching glimpses of its contents was like tasting the forbidden fruit. When it


over the death of Optimus Prime and his allies in the opening act, but the raft of new characters and strange alien worlds it took them to blew me away. Even now, seeing the film’s poster artwork gives me a sudden thrill. For better or worse it was the defining cinema experience of my childhood, and because of that I’ll always treasure the film a little bit.

Anthony Nield

My parents never took me to the pictures, either as a young child or later in life. Memories of films from a young age were therefore made up of a mixture of Clint Eastwood, Disney, Bruce Lee, Russ Tamblyn in tom thumb, The Wizard of Oz and the Stars Wars and Superman franchises - all courtesy of either VHS or theTV. My first trip to cinema happened towards the end of my primary school years at the instigation of friends. This was 1989 and the film was Moonwalker. I confess that Michael Jackson didn’t figure particularly largely to me, but the stream of singles from his Bad album meant that I was, of course, fully aware of both him and his music. Prior to entering the local Odeon various clips and scenes had appeared on television and I remember wondering as to how the film would hold together: there was the Smooth Criminal music video integrated somehow, a bit in which Jackson danced with a claymation figure (animated by Will Vinton, though I wouldn’t realise this until much later) and a remake of the Bad video with Jackson,


Brian May: Playing a festival will 'open doors'

Brian May thinks signing up to headline the Isle of Wight Festival 2016 will "open doors" for Queen and Adam Lambert.

The 68-year-old guitarist will close the event with his group on June 12 next year and admits that whilst they have never done a festival together before, they are ready to put on a "great show".

Speaking at the Classic Rock Roll Of Honour Awards, which he attended with his wife Anita Dobson, he told BANG Showbiz: "I'm so excited to be playing it. The Isle of Wight festival to us is of great resonance because of who played there - it's The Who, it's Jimi Hendrix, it's Bob Dylan. To be part of that is great, to be asked is fantasticMonday, 27 October 2014

Bloggers needed to support Jail Break!

My 19 year old son started University in September and on his first visit home this weekend I fully expected tales of vodka-fuelled nights out, fast food in the early hours and a general account of hedonism interspersed with bleary eyed lecture sessions.

I knew this time would be about new experiences but what I did not expect was the news that he has signed up for a "Jailbreak" experience to raise money for three fantastic charities.

Have you heard of Jailbreak? Basically in November along with a friend my son will be joining other students from his Uni competing to to get as far away as possible from the start point in Southampton in 36 hours without spending any money.

He has


a policy that free-market liberals denounced as a sin when coalminers, steelworkers and car workers asked for public assistance for their "lame-duck" industries in the 1980s. Yet those same supporters of markets remain unconcerned about a diversion of public funds on a far larger scale to lame-duck banks, and do not protest when bankers pocket the proceeds as rewards for failure beyond the imagination of the metal-bashing workers of the 1980s.

If they were being honest, they would have few difficulties in dealing with the banking lobby's attempts to intimidate democratic politicians. The foremost blackmailer – the Arthur Scargill of high finance – is Bob Diamond, who is threatening to move Barclays' investment arm to America if parliament enacts the banking commission's modest proposal to force banks to buildChinese walls between their retail and speculative arms.

True believers in markets would call Diamond's bluff. They would remind him that a big road called the M4 heads west out of London, and recommend he take it, and hang a left at the exit marked "Heathrow". They would know that he opposes reform because he hopes despite all we have been through to take the money of high street depositors to the gaming tables, and force the public to cover his debts and pay his and his colleagues' extraordinary bonuses when the bets go bad.

Financial journalists report that Ana Botín, chief executive of Santander in the UK, has also gone to the Treasury to tell George Osborne that reform cannot be contemplated under any circumstances. Once again, if Osborne


and practice now rends modern conservatism. What conservatives say and what they do no longer coheres. A confident centre-left ought to be charging through the holes in their opponents' lines and telling the public that unlike the crisis of the 1970s, you cannot blame the economic collapse on militant trade unions or any other leftish force. Our economy is in ruins because Anglo-American leaders ignored the lessons of the 20th century and refused to treat high finance with the necessary suspicion.

A confident centre-left has failed to take the field because, of course, it was not just conservatives who allowed a deregulated financial system to run riot but supposedly "progressive" politicians: Bill Clinton, Tony Blair and, above all, Gordon Brown. The blunders of New Labour and the New Democratsa detailed classified white paper available to all Members. Specifically, in December 2009, the Department of Justice and the Intelligence Community provided a classified briefing paper to the Senate and House Intelligence Committees that could be made available to all Members of Congress regarding the telephony metadata program. Both Intelligence Committees made this document available to all Members prior to the February 2010 reauthorization of Section 215. That briefing paper was then updated and provided to the Senate and House Intelligence Committees again in February 2011 for all Members in connection with the reauthorization that occurred later that year.

The data collected under this program is limited to telephony metadata: information about telephone calls such as the originating and dialed telephone numbers, the time a call is made and


An "overbearing" husband left his wife with three pork pies and some water when she got wedged down the side of the bed, a court heard today.

David Hargest, 65, who admitted neglect and ill-treatment, said he could not free wife Cheryl because of his bad back.

The pork pies were still sitting on the mattress in their packet when police arrived at the couple's flat, the court was told.

Download the new Independent Premium app Sharing the full story, not just the headlines

Cardiff Crown Court, where Hargest was given a 36-week suspended sentence, heard how he failed to look after Mrs Hargest properly when he should have been caring for her.

Prosecutor Jon Holmes said the relative of a neighbour, a nurse, became concerned about Mrs Hargest.

"Mr Hargest was overbearing anddomineering and she suggests that Mrs Hargest is, to a degree, afraid of him," Mr Holmes said.

On one occasion she found the flat in Butetown, Cardiff, in a poor state with an "overwhelming" smell of urine.

In April, Hargest said his wife had "managed to get herself wedged between the mattresses".

It had happened before, he said, but this time he could not get her out because of his back.

"He said he had left her some pork pies on the mattress so she had something to eat and a bottle of water, but he had clearly left her there," Mr Holmes said.

Police could not see Mrs Hargest in the bedroom at first. They found her lying on the floor between the bed and a chest of drawers.

"The police did notice


couple met in 1993 and married in 1996. He started looking after her in 2000.

But he stopped collecting the medication for her epilepsy and was told last December that he needed to bring her in for a review.

Jennet Treharne, mitigating, said at that time his "level of care fell short of what was required".

"Why did he not go to find appropriate medication for her? The reason being that she was in denial herself," she said.

"She was adamant that she would refuse to go, either to the surgery or have a home visit."

She said Hargest accepted he should have gotten help when he could not move his wife.

"It perhaps shows the naivety of his approach that he left the pork pies for her," she added.

"It was not a deliberateassault. It was neglect and it is perhaps against a background of many, many, years of looking after his wife who had considerable problems."

Sentencing Hargest for ill-treating or wilfully neglecting his wife at a time when she lacked mental capacity, Judge Isabel Parry said: "For a period of four months you failed to obtain, as you should have, your wife's medication for her epilepsy."

She added: "The fact that she was uncooperative and unable to do things at your request was a marker to the extent that she needed care, if not from you then from outside agencies."

His sentence was suspended for two years and he will be supervised by a probation officer.


When 86-year-old photographer James Prigoff paused to photograph a natural gas storage tank in Boston 10 years ago, he was simply doing what countless of tourists have done before. The colorful tank, painted with a rainbow-like design, is a popular photo op. He had no reason to suspect his snapshot would prompt an ominous visit by a federal agent months later and the addition of his name to a government database of suspicious activity.

But his case is hardly unique. Similar circumstances have befallen four other people, who are suing the government over so-called suspicious activity reports, or SARs, filed against them.

The plaintiffs—two photographers, a white male convert to Islam, and two men of Middle Eastern and South Asian descent—were all engaged in seemingly innocuous activity. Two of themwere photographing sites of aesthetic interest, one was apparently viewing a website about videogames at home, another attempted to buy multiple computers at Best Buy, and the last one caught attention of authorities for standing outside a train station restroom waiting for his mother.

But due to the standards the government uses for determining suspicious activity that might be related to terrorism, all of the plaintiffs found themselves written up in reports stored in counterterrorism databases and were subjected to unwelcome and unwarranted law enforcement scrutiny and interrogation, according to the lawsuit. The suit was filed Thursday in the District Court for the Northern District of California by the American Civil Liberties of Northern California, the national ACLU, and Asian Americans Advancing Justice-Asian Law Caucus.

"This domestic surveillance program wrongly


"may have a terrorism nexus," according to the government's description of the program. Because the reports often include sensitive personal information about U.S. persons, "protection of Americans’ privacy, civil rights, and civil liberties" is integral to the program, according to another government document (.pdf).

But according to the complaint filed in the lawsuit (.pdf), law officers are violating those civil liberties by targeting people engaged in activities protected by the First Amendment and conducting ethnic and religious profiling by focusing in particular on people with Muslim backgrounds.

Government document showing the process for collecting and sharing information about "suspicious" activity and persons. National SAR Initiative

A 1978 Justice Department regulation prohibits federal agents in general from collecting and disseminating "criminal intelligence information" without "reasonable suspicion" that someone is engaged in aHe has published books of his images, lectured at universities, and exhibited at the Smithsonian and other museums and galleries worldwide. None of this mattered, however, the day he took out his camera on a spring day in 2004 to photograph the iconic "Rainbow Swash" near Boston.

The painting, for decades a local landmark, covers a liquefied natural gas storage tank and has been photographed countless times. But Prigoff never got a chance to take his photo of the outdoor art. Security guards told him to stop what he was doing because the tank was on private property. Although Prigoff pointed out that while the tank was on private property, he wasn't, they still insisted he leave. They also apparently noted the license plate number of his rental car.

Months


fear today."

He is not alone. Wiley Gill became a "suspicious male subject" in the eyes of a Chicago police officer in 2011 when the officer visited an unidentified location where he spotted Gill in "full beard and traditional garb" and identified him as a "full convert to Islam at the young age of 26," in a report he later filed.

Redacted suspicious activity report that law enforcement filed for Wiley Gill. ACLU

Later, in 2012, the officer encountered Gill again when he claims he visited Gill's home while searching for a domestic violence suspect he says he mistakenly believed might have fled there. Officers banged on the door, and when Gill opened it, they flew out from around the corner with their guns pointing at him. They then asked tosearch his home.

Inside, they spotted a computer whose screen was open to a page that appeared to have a title about “Games that fly under the radar,” the officer noted. It appeared to be about a "flight simulator type of game," he concluded in a SAR report. The report identified Gill as a suspicious male subject "In Possession of Flight Simulator Game." It also identified him as "worthy of note" because he converted to Islam and has a "pious demeanor." The report was submitted to a local fusion center and to the FBI, which opened a file on Gill.

The Asian Americans Advancing Justice-Asian Law Caucus asserts that the report, and those filed by the FBI in response to it, were based on religious profiling.

“The only reason that someone


deemed Mr. Gill ‘suspicious’ is because he is a devout Muslim, not because he has done anything wrong,” Nasrina Bargzie, an attorney with the Caucus said in a statement. “Racial and religious profiling of Arab, Middle Eastern, Muslim and South Asian communities needs to stop.”

Tariq Razak was deemed suspicious after a female security officer in California noticed that he was "surveying entry/exit points" at the Santa Ana train depot. But that wasn't what interested her about him so much as the fact that he was a male of Middle Eastern decent with a close-cropped beard who was observing his surroundings.

"[Officer Karina De La Rosa's] suspicion became aroused because the male appeared to be observant of his surroundings and was constantly surveying all areas of the facility," reads thereport about Razak. "Upon exiting the elevator, Karina observed the male meticulously study the entry/exit points, different lobby areas of the train station where large groups of passengers gather. The male then went to the north end of station where male and female restrooms are located and stood by outside the restrooms. Minutes later, a female wearing a white burka head dress, black pants and a blue shirt exited the restroom."

The woman exiting the bathroom was Razak's mother. She and her son left the train station and drove away in a white Honda Accord, and De La Rosa filed her report.

De La Rosa had seen "suspicious activity as related to terrorism training" by a local police agency," the report noted, and she determined that the behavior depicted by


up in a little while and hear all about the first day.

He hasn't been at all sad about this- just excited. We got to meet all the students and their families a couple weeks ago at a class party, so he was just happy to see his new friends again today. My super late sleeper even woke up HIMSELF at 6:30am today (a good 2 hours earlier than his usual!) because he was so excited. :)

Here he is in his little uniform. I couldn't love this boy any more if I tried!

And here he is walking into the building with his little teacher gift and his tote bag. By this point he was SO sick of me taking pictures and was just ready for me to leave already!Paris Grand Chess Tour

Nakamura, Hikaru vs. Kramnik, Vladimir

The Paris Grand Chess Tour, held from June 9-12 in La Maison de la Chimie in Paris, France, is the inaugural leg of the prestigious 2016 Grand Chess Tour. Ten of the world's best chess players compete over four days for a total prize pool of $150,000. The Grand Chess Tour collectively boasts a prize fund in excess of $1 million, with events to follow in Brussels (June 17–20), Saint Louis (August 4–16) and London (December 8–19).
In Paris the first two days feature 9 rounds of rapid chess, with 25 minutes for all moves and a 10-second increment from move 1. A win is worth 2 points, with 1 point for a draw. The final two days see 18 rounds of


between.”

Ms. Massa’s newscast was one of a string of recent stories about young hijab-wearing women, or hijabis, who have pushed boundaries by strolling into spaces where the standards of appearance tend to be restrictive. Nura Afia, a 24-year-old from Colorado, was hired as a CoverGirl makeup ambassador. And Halima Aden, a 19-year-old from Minnesota, was a contestant in a beauty pageant. Ms. Aden sported a hijab and, during the swimwear portion of the competition, a burkini.Ready for the World: preparing nursing students for tomorrow.
In 2004, a 5-year plan of international and intercultural education was developed by the University of Tennessee, Knoxville (UTK) to help students become ready for the changing world in which they will live. This program is called "Ready for the World." The University of Tennessee College of Nursing in Knoxville has integrated many of the suggestions from this program into the undergraduate nursing curriculum to prepare students for the world by making the world their classroom. Intercultural learning includes both a solid base of knowledge obtained in the classroom and multiple experiences that involve cultural interaction. Experiences begin on UTK's diverse campus and expand to the surrounding city of Knoxville, including interactions with vulnerable populations such as the homeless or


moment I first saw it, and named her Tiki Tiki. The golden dragon joined my squad early this year, and Tiki Tiki was an early Christmas gift.

I made no pro-alliance gingerbread this year, but nevertheless, I wish you all a merry late Christmas and a very happy new year!marked with the MLS® logo and detailed information about the listing includes the name of the listing agent. This representation is based in whole or part on data generated by either the REBGV, the FVREB or the CADREB which assumes no responsibility for its accuracy. The materials contained on this page may not be reproduced without the express written consent of either the REBGV, the FVREB or the CADREB.


Ph.D. degree in electrical engineering from the University of Notre Dame, Notre Dame, IN, USA in 2016. He is currently with the department of engineering technology at Old Dominion University in Norfolk, VA, USA. His research interests include stochastic networked control systems, information theory, switched control systems, distributed control and optimization, and human machine interaction.

[Michael D. Lemmon]{} (SM’15) received the B.S. degree in electrical engineering from Stanford University, Stanford, CA, USA, in 1979 and the Ph.D. degree in electrical and computer engineering from Carnegie-Mellon University, Pittsburgh, PA, USA, in 1990.

He is a Professor of electrical engineering at the University of Notre Dame, Notre Dame, IN, USA. His work has been funded by a variety of state and federal agencies that include the National Science Foundation, Army Research Office,Defense Advanced Research Project Agency, and Indiana’s 21st Century Technology Fund. His research deals with real-time networked control systems with an emphasis on understanding the impact that reduced feedback information has on overall system performance.

Dr. Lemmon was an Associate Editor for the IEEE TRANSACTIONS ON NEURAL NETWORKS and the IEEE TRANSACTIONS ON CONTROL SYSTEMS TECHNOLOGY. He chaired the first IEEE working group on hybrid dynamical systems and was the program chair for a hybrid systems workshop in 1997. Most recently, he helped forge a consortium of academic, private and public sector partners to build one of the first metropolitan scale sensoractuator networks (CSOnet) used in monitoring and controlling combinedsewer overflow.

[^1]: This work was supported by the National Science Foundation under Grant CNS-1239222.

[^2]: Bin Hu is with Department of


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Gwyneth Paltrow may be the authority on style and class in Hollywood, but even she couldn't avoid crying on stage when she won the Best Actress Academy Award for her 1999 role in "Shakespeare In Love." —XFINITY Entertainment Staff (AP Photo/Reed Saxon)

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Melissa Leo couldn't fight back her emotions when she accepted the award for Best Female Actor in a Supporting Role for "The Fighter" at Screen Actors Guild Awards in 2011. —XFINITY Entertainment Staff (AP Photo/Mark J. Terrill)

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America Ferrera couldn't stop the water works at the 2007 Golden Globes. The actress took home the Best Performance by an Actress in a Television Musical or Comedy Series award for her role in "Ugly Betty." —XFINITY Entertainment Staff (Photo by Bob Long/HFPA via Getty Images)

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we intend to win, and the others, too.

John F. Kennedy's historic 1962 speech at Rice University which reaffirmed our nation's commitment to space exploration, thumbed our noses at the "Reds," and provoked and stiffened our resolve rings as true and is as moving today as the day he uttered it.

July 20th, 2019 marks the 50th anniversary of the Apollo moon landing, a historic event that was the realization of over two decades of dedicated contributions from hundreds of companies.

The engineering of the Mercury, Gemini and Apollo space vehicles and supporting systems involved not just large companies, but thousands of smaller subcontractors and hundreds of thousands of technology and aerospace workers.

All of these people worked tirelessly to solve tremendously complicated engineering problems for what many Americans felt was aninsurmountable task that needed to be accomplished in less than a decade from when President Kennedy made his historic speech.

Fifty years after Apollo 11, many of the larger companies that built the support systems and actual space technology no longer exist, or have been absorbed into others.

Also: NASA's unsung heroes: The Apollo coders who put men on the moon TechRepublic

Most of the key people who led the projects have passed on, or are entering their later years. But remarkably, some of the important firms that made some of the most significant contributions remain, and many of the technologies they built are still in use and will continue to be used as we enter the next era of space exploration.

In a series that I wrote originally in 2009, I


subtexts into text, playing chipper ads for WorryFree and episodes of I Got the Shit Kicked Out of Me, the game show that mirrors our penchant for watching people make fools of themselves for attention, but without any of the sugarcoating.

WorryFree also evokes some familiar practices— labor in for-profit prisons and the endless cycle of debt that keeps people in poverty — that may feel ripped from a dystopian novel, but are just one tick away from plausible.

You might feel a little bit crazy by the end, and several scenes are calculated to evince hollering and cringing. The stellar, nearly all-black cast (particularly Stanfield and a luminous Thompson) deliver performances that are somehow weighty amid the madness, and most of the movie is paced almost like a musicWeather Forecast

Eldon Mastin

Eldon Earl Mastin was born to John and Mable (Hedley) Mastin on Feb. 26, 1933 in Fullerton, Neb. At two years of age, he moved with his family to North Dakota for a short time, and then moved to Becker County in Minnesota. He attended schools around the Ogema area. In 1951, he married the love of his life, Florence Schmoll. They farmed in Westbury and in Lake Park.

Eldon worked for a seismograph crew of Carter Oil Company before his employment with Reserve Mining Company in Babbitt from 1956-81, retiring with a disability. Eldon also was a part-time logger for 26 years before retiring.

Eldon was a very social, thoughtful and giving person. He loved being with friends, reminiscing, telling jokes and making people smile. He enjoyed


hunting, fishing, camping and traveling. He also enjoyed his garden, playing golf, and loved music and dancing. His greatest love in life was his family. He was always so proud of his children and his grandchildren. He was a loving husband and father and will be tremendously missed by all that knew him.

Surviving Eldon are his three daughters, Louise (Pete) Wilhelm of Virginia, Pam (Kendall) Hartline of Eveleth, Minn., and Connie (Mark) Freeman of Minneapolis; one son, Lenis (Susan) Mastin of Eveleth; four brothers, Harold (Alvera) Mastin of Embarrass, Minn., James Dornecker of Arkansas, Dale (Joann) Mastin of Osage and Donnie (JoAnn) Mastin of Osage; two sisters, Mary (Dave) Shaw of Duluth, Minn., and Marlys (Jerry) Oswald of Frazee; eight grandchildren; his stepmother, Agnes Mastin of Detroit Lakes;Op-Ed: Pilot whale 'Sully' dies at SeaWorld San Diego Special

San Diego
-
Animal Ambassador for SeaWorld, Busch Gardens and Discovery Cove – Julie Scardina, is reporting that Sully the pilot whale died at the San Diego facility on May 23. Sully had several health issues, sunburn was one of them.

Sully the pilot whale stranded on a Curacao beach, a Caribbean island near Aruba in 2009. The whale was rescued by staff of the Curacao Sea Aquarium and named after the famous airline pilot Captain "Sully" Sullenberger – the US Airways pilot who made an amazing emergency landing in the Hudson River.

Staff at the aquarium spent months nursing Sully back to health before SeaWorld San Diego adopted him. Weighing almost 1,000 pounds and measuring around 11 feet long, Sully was shipped


to SeaWorld on Jan. 5 2010 via a FedEx A300 Airbus cargo plane.

SeaWorld has given no official cause of death and has yet to release a media statement but back in early May, Sully allegedly began to have issues with sunburn, a common concern for marine mammals in captivity because of the time spent logging at the surface. Former SeaWorld trainer, Dr. Jeffrey Ventre, told Digital Journal that harmful sun and UV exposure in captive cetaceans is often under played. Ventre said:

It's a much larger problem than the public knows about. It impacts the whales on several levels. Not only is it likely painful, but it opens the animal up to infectious disease, lowers the immune system, and probably increases mortality. In the open ocean whales spend onlya fraction of their time at the surface, with their backs exposed.

Dr. Ventre told us that for cetaceans in captivity, black-colored zinc oxide is often used to protect and camouflage the skin of killer whales that had sunburns and skin damage.

Although details are still emerging in Sully's death, his sunburn was observed as mild at first. Still, no zinc or sunscreen was ever witnessed being applied to the pilot whale and Sully's health continued to decline. With his skin deteriorating rapidly, he was moved into SeaWorld's Animal Care on May 16, dying on May 23.

Sully's death could add to mounting evidence showing that captivity poses several health issues for marine mammals. Samantha Berg, M.Ac, L.Ac, Dipl.Ac. herself a former SeaWorld trainer agreed with Ventre that sun exposure is


a much overlooked side-effect of captivity. Berg worked with several mammals at SeaWorld including seals and sea lions. She told Digital Journal that sun exposure in cetaceans shows up on the skin but with seals and sea lions sun damage showed up in the eyes. Berg added:

I can't tell you how many blind sea lions and seals I saw at SeaWorld. I'm sure they would say it was normal aging, but my hunch is it's a combination of skin damage and diet lacking in proper nutrients and antioxidants – along with staring into the sun all day and reflective blue pools that give no protection or shelter.

Back in April, a presentation at the 4th Florida Marine Mammal Health Conference held in Sarasota, Florida, led by Jett, Ventre andCourtney Vail of the Whale and Dolphin Conservation Society (WDCS), revealed newly-discovered evidence that two orca deaths at SeaWorld occurred because of mosquito-transmitted viral diseases, including the West Nile and St. Louis encephalitis viruses.

The unnatural amount of time that captive cetaceans spend "logging" at the surface increases their exposure to the sun's harmful rays and was seen as a possible factor in the deaths of Kanduke and Taku in 1990 and 2007, respectively. It's worth noting that West Nile Virus and St Louis Encephalitis are not usually fatal, and only kill animals (or humans) who have compromised immune systems. Over-exposure to the sun can achieve this.

Doctors John Jett and Jeffrey Ventre in conjunction with the Whale and Dolphin Conservation Society (WDCS), recently revealed newly-discovered evidence that SeaWorld's whales


were exposed to viruses because of the unnatural amount of time that they spend at the surface of the water in shallow pools.

Voice of the Orcas

Scardina mentioned in her tweet that Sully had underlying health issues, and treating marine mammals in captivity can be notoriously difficult. Many of SeaWorld's cetaceans are trained to accept medical procedures, but Sully was a relatively new captive, formerly wild, who may have been resistant to training processes. In difficult cases when an animal will not comply, treatment might not be as stringent as it should be.

Unfortunately, after the Marine Mammal Protection Act was overhauled in 1994, entertainment parks were no longer required to submit animal necropsy reports whenever a marine mammal died. This meant that the information could no longer be requestedPathological outcome and biochemical recurrence-free survival after radical prostatectomy in African-American, Afro-Caribbean (Jamaican) and Caucasian-American men: an international comparison.
To compare pathological and biochemical outcomes of radical prostatectomy (RP) among African-American (AA), Afro-Caribbean (AC; Jamaican) and Caucasian-American (CA) men using an international cohort of patients who underwent RP in the USA and Jamaica. A retrospective review was performed of men who underwent RP for clinically organ-confined (OC) prostate cancer between 2000 and 2011 at Columbia University Medical Center (New York, USA) and the University Hospital of the West Indies (Kingston, Jamaica) between 2000 and 2007. Men who had received neoadjuvant or adjuvant (within 3 months) therapy were excluded. Clinicopathological variables were compared among the three groups, focusing on age, stage, PSA level, Gleason sum (GS) and margin status. Multivariate


Business travel

Should La Guardia be closed?

FOLLOWING the decision by America's Department of Transportation to shelve plans to auction take-off and landing slots at airports in New York City, Stephen Dubner, writing on the New York Times's Freakonomics blog, suggests a solution to the air congestion: close La Guardia. A pilot who Mr Dubner meets at the airport gives him a rationale.

The problem, as he explained it, is that the airspace for each of the three airports extends cylindrically into the sky above its ground position. Because of their relative proximity, the three airspace cylinders affect one another significantly, which creates congestion not just because of volume but because pilots have to thread the needle and fly needlessly intricate approach routes in order to comply.

If the LaGuardia cylinder wereRonald Acuna got off to a somewhat quiet start in the Arizona Fall League, but his breakout season rolls on.The top Braves prospect homered twice on Friday, going 3-for-4 as Peoria outslugged Salt River, 9-8, at Peoria Stadium. The outburst came three days after Acuna slugged his first AFL long ball, an

Ronald Acuna got off to a somewhat quiet start in the Arizona Fall League, but his breakout season rolls on.

The top Braves prospect homered twice on Friday, going 3-for-4 as Peoria outslugged Salt River, 9-8, at Peoria Stadium. The outburst came three days after Acuna slugged his first AFL long ball, an opposite-field blast off top Pirates pitching prospect Mitch Keller .

Gameday box score

Acuna's first homer on Friday came in the first inning against Marlins right-hander James


best photos from the entire 2016 election year

49 PHOTOS The best photos from the entire 2016 election year See Gallery The best photos from the entire 2016 election year MOBILE, AL- AUGUST 21: Republican presidential candidate Donald Trump greets supporters after his rally at Ladd-Peebles Stadium on August 21, 2015 in Mobile, Alabama. The Trump campaign moved tonight's rally to a larger stadium to accommodate demand. (Photo by Mark Wallheiser/Getty Images) COMMERCE, CA - MAY 24: Democratic presidential candidate former Secretary of State Hillary Clinton greets supporters during a campaign event on May 24, 2016 in Commerce, California. Hillary Clinton is campaigning in California ahaed of the State's presidential primary on June 7th. (Photo by Justin Sullivan/Getty Images) DURHAM, NH - FEBRUARY 04: Democratic presidential candidates former Secretaryof State Hillary Clinton and U.S. Sen. Bernie Sanders (I-VT) during their MSNBC Democratic Candidates Debate at the University of New Hampshire on February 4, 2016 in Durham, New Hampshire. This is the final debate for the Democratic candidates before the New Hampshire primaries. (Photo by Justin Sullivan/Getty Images) COLUMBIA, SC - FEBRUARY 24: Anita Brown, a volunteer for Democratic presidential candidate Hillary Clinton, makes phone calls from a campaign field office to encourage voters in South Carolina to vote in the upcoming Democratic primary on February 24, 2016 in Columbia, South Carolina. The South Carolina Democratic primary is scheduled to take place on February 27. (Photo by Scott Olson/Getty Images) VIRGINIA BEACH, VA - OCTOBER 22: Republican presidential candidate Donald Trump delivers remarks while campaigning at Regent


University October 22, 2016 in Virginia Beach, Virginia. The U.S. holds its presidential election in 17 days. (Photo by Win McNamee/Getty Images) LAS VEGAS, NV - FEBRUARY 14: Democratic presidential candidate Sen. Bernie Sanders (I-VT) jokes around as he speaks during a campaign rally at Bonanza High School on February 14, 2016 in Las Vegas, Nevada. Sanders is challenging Hillary Clinton for the Democratic presidential nomination ahead of Nevada's February 20th Democratic caucus. (Photo by Ethan Miller/Getty Images) LAS VEGAS, NV - OCTOBER 19: Republican presidential nominee Donald Trump (C) walks off stage as (L-R) Lara Yunaska, Vanessa Trump, Melania Trump, businessman Jared Kushner, Ivanka Trump, Vanessa Trump, and Donald Trump Jr. look on after the third U.S. presidential debate at the Thomas & Mack Center on October19, 2016 in Las Vegas, Nevada. Tonight is the final debate ahead of Election Day on November 8. (Photo by Chip Somodevilla/Getty Images) Supporters reach out to shake hands with US President Barack Obama after he spoke at a Hillary for America campaign event in Greensboro, North Carolina, October 11, 2016. / AFP / JIM WATSON (Photo credit should read JIM WATSON/AFP/Getty Images) CLEVELAND, OH - JULY 21: An attendee stands amongst balloons at the end of the fourth day of the Republican National Convention on July 21, 2016 at the Quicken Loans Arena in Cleveland, Ohio. Republican presidential candidate Donald Trump received the number of votes needed to secure the party's nomination. An estimated 50,000 people are expected in Cleveland, including hundreds of protesters and members of


the media. The four-day Republican National Convention kicked off on July 18. (Photo by Chip Somodevilla/Getty Images) TAMPA, FL - OCTOBER 24: People react as Republican presidential candidate Donald Trump speaks during a campaign rally at the MidFlorida Credit Union Amphitheatre on October 24, 2016 in Tampa, Florida. There are 14 days until the the presidential election. (Photo by Joe Raedle/Getty Images) LAS VEGAS, NV - OCTOBER 19: Republican presidential nominee Donald Trump appears on television screens in the media center during the third presidential debate the Thomas & Mack Center on October 19, 2016 in Las Vegas, Nevada. Tonight is the final debate ahead of Election Day on November 8. (Photo by Justin Sullivan/Getty Images) PHILADELPHIA, PA - JULY 28: Khizr Khan, father of deceased Muslim U.S.Soldier Humayun S. M. Khan, holds up a booklet of the US Constitution as he delivers remarks on the fourth day of the Democratic National Convention at the Wells Fargo Center, July 28, 2016 in Philadelphia, Pennsylvania. Democratic presidential candidate Hillary Clinton received the number of votes needed to secure the party's nomination. An estimated 50,000 people are expected in Philadelphia, including hundreds of protesters and members of the media. The four-day Democratic National Convention kicked off July 25. (Photo by Alex Wong/Getty Images) Donald Trump's running mate, Indiana Gov. Mike Pence, promised to renegotiate the North American Free Trade Agreement and other trade deals that Trump says hurt American workers during a campaign rally on Monday, Oct. 10, 2016 in Charlotte, N.C. (John D. Simmons/Charlotte Observer/TNS via


Getty Images) Cardboard cut outs of the faces of three candidates for the Republican nomination for the 2016 US Presidential election (L-R) Ted Cruz, Donald Trump and Marco Rubio, are seen set up on urinals in a pub in London on March 1, 2016 as part of an informal poll for customers to log which they dislike the most. Part of the satirical television show The Last Leg, customers at the pub are able to choose which urinal to use and then log their poll on a list on the wall afterwards. / AFP / JUSTIN TALLIS (Photo credit should read JUSTIN TALLIS/AFP/Getty Images) DALLAS, TX - SEPTEMBER 14: Republican presidential candidate Donald Trump speaks during a campaign rally at the American Airlines Center on September 14, 2015in Dallas, Texas. More than 20,000 tickets have been distributed for the event. (Photo by Tom Pennington/Getty Images) COCONUT CREEK, FL - OCTOBER 25: Democratic presidential nominee former Secretary of State Hillary Clinton greets supporters during a campaign rally at Broward College on October 25, 2016 in Coconut Creek, Florida. With two weeks to go until election day, Hillary Clinton is campaigning in Florida. (Photo by Justin Sullivan/Getty Images) Huma Abedin waits for an event with Democratic presidential nominee Hillary Clinton at University of New Hampshire September 28, 2016 in Durham, New Hampshire. / AFP / Brendan Smialowski (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images) MADISON, WI - MARCH 30: Republican Presidential candidate Senator Ted Cruz (R-TX) laughs at a poster while speaking to guests at a town


hall event called 'Women for Cruz' Coalition Rollout with wife Heidi, mother Eleanor Cruz, and former Republican candidate Carly Fiorina March 30, 2016 in Madison, Wisconsin. Candidates are campaigning in Wisconsin ahead of the state's April 5th primary. (Photo by Darren Hauck/Getty Images) GLENDALE, AZ - OCTOBER 17: Arizona Cardinals fans wear masks of Presidential candidates Donald Trump and Hillary Clinton during the NFL game between the New York Jets and Arizona Cardinals at University of Phoenix Stadium on October 17, 2016 in Glendale, Arizona. (Photo by Norm Hall/Getty Images) LAS VEGAS, NV - OCTOBER 22: Singer Katy Perry (R) takes a selfie with dorm residents as she canvasses for Democratic presidential candidate Hillary Clinton at UNLV on October 22, 2016 in Las Vegas, Nevada. Today is thefirst day for early voting in Nevada ahead of the November 8 general election. (Photo by David Becker/Getty Images) CHARLOTTE, NC - OCTOBER 14: Republican presidential candidate Donald Trump stands with Women for Trump as he speaks to supporters at a rally on October 14, 2016 at the Charlotte Convention Center in Charlotte, North Carolina. Trump continues to campaign for his run for president of the United States. (Photo by Brian Blanco/Getty Images) ALBUQUERQUE, NM - OCTOBER 30: Supporters cheer for Republican presidential nominee Donald Trump during a campaign rally at Atlantic Aviation near Albuquerque International Airport October 30, 2016 in Albuquerque, New Mexico. With less than nine days until Americans go to the polls, Trump is campaigning in Nevada, New Mexico and Colorado. (Photo by Chip Somodevilla/Getty


Images) An attendee wears a fake nose reading 'Hilary's Lies = Obvious' during a campaign event with Donald Trump, 2016 Republican presidential nominee, not pictured, in Henderson, Nevada, U.S., on Wednesday, Oct. 5, 2016. Trump's weeklong slide in the presidential race started when he showed up to the first debate unprepared and spoiling for a fight. On Tuesday evening, Mike Pence helped slow it by doing the opposite. Photographer: Patrick T. Fallon/Bloomberg via Getty Images WEST DES MOINES, IA - JANUARY 31: A billboard of Donald Trump in the backyard of George Davey's home on January 31, 2016 in West Des Moines, Iowa. The billboard features the photo of Mr. Davey's chosen candidate in the upcoming Iowa caucuses: Donald Trump. (Photos by Charles Ommanney/The Washington Post via GettyImages) HIALEAH, FL - DECEMBER 28: People wait for the arrival of Republican presidential candidate and former Florida Governor Jeb Bush for a meet and greet event at Chico's Restaurant on December 28, 2015 in Hialeah, Florida. Bush continues to campaign for his parties' nomination as the presidential candidate. (Photo by Joe Raedle/Getty Images) MIAMI, FL - SEPTEMBER 12: Republican presidential candidate and former Florida Governor Jeb Bush shows off a Reagan/Bush '84 tee-shirt as he speaks during a Miami field office opening on September 12, 2015 in Miami, Floria. Bush continues to campaign for the Republican nomination. (Photo by Joe Raedle/Getty Images) NEW YORK, NY - FEBRUARY 10: Democratic presidential candidate Sen. Bernie Sanders (D-VT) meets with Reverend Al Sharpton at Sylvia's Restaurant on February 10, 2016


in the Harlem neighborhood of New York City. The meeting comes after a strong victory for Senator Sanders in the New Hampshire primary. (Photo by Andrew Renneisen/Getty Images) COLORADO SPRINGS, CO - JULY 29: Republican presidential nominee Donald Trump reacts to the cries of three-month-old Kellen Campbell, of Denver, right, while holding six-month-old Evelyn Keane, of Castel Rock, Colo., after Trump's speech at the Gallogly Event Center on the campus of the University of Colorado on July 29, 2016 in Colorado Springs, Colorado. (Photo by Joe Mahoney/Getty Images) TOPSHOT - Republican presidential nominee Donald Trump kisses a 'Women for Trump' placard during a rally at the Lakeland Linder Regional Airport in Lakeland, Florida on October 12, 2016. / AFP / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/GettyImages) LOS ANGELES, CA - JUNE 08: Democratic presidential candidate Senator Bernie Sanders (D-VT) prepares to board a flight from Los Angeles back to Vermont on June 8, 2016 in Los Angeles, California. During a rally in Santa Monica last night Sanders vowed to continue his campaign into the convention. (Photo by Scott Olson/Getty Images) SAN DIEGO, CA - JUNE 02: Democratic presidential candidate former Secretary of State Hillary Clinton delivers a national security address on June 2, 2016 in San Diego, California. With less than one week to go before the California presidential primary, Hillary Clinton delivered a major national security address as she campaigns in Southern California. (Photo by Justin Sullivan/Getty Images) GREEN BAY, WI - OCTOBER 17: Anastasia Lee waits for the start of a


campaign rally with Republican presidential nominee Donald Trump at the KI Convention Center on October 17, 2016 in Green Bay, Wisconsin. Lee is scheduled to sing the national anthem at the rally. Trump will square off with democratic rival Hillary Clinton for a final debate before the election on October 19 in Las Vegas. (Photo by Scott Olson/Getty Images) NEW YORK, NY - SEPTEMBER 11: Democratic presidental nominee former Secretary of State Hillary Clinton waves as she leaves the home of her daughter Chelsea Clinton on September 11, 2016 in New York City. Hillary Clinton left a September 11 Commemoration Ceremony early after feeling overheated and went to her daughter's house to rest. (Photo by Justin Sullivan/Getty Images) PORTLAND, OR - MARCH 25: A bird lands on Democraticpresidential candidate Bernie Sanders podium as he speaks on March 25, 2016 in Portland, Oregon. Sanders spoke to a crowd of more than eleven thousand about a wide range of issues, including getting big money out of politics, his plan to make public colleges and universities tuition-free, combating climate change and ensuring universal health care. (Photo by Natalie Behring/Getty Images) LAS VEGAS, NV - OCTOBER 19: Republican presidential nominee Donald Trump looks down at the podium during the third U.S. presidential debate at the Thomas & Mack Center on October 19, 2016 in Las Vegas, Nevada. Tonight is the final debate ahead of Election Day on November 8. (Photo by Joe Raedle/Getty Images) WEST PALM BEACH, FL - MARCH 15: Democratic presidential candidate Hillary Clinton winks at Sam


Oser during a visit to a Dunkin' Donuts on March 15, 2016 in West Palm Beach, Florida. Clinton is campaigning in North Carolina before traveling to Florida to hold a primary night event. (Photo by Justin Sullivan/Getty Images) DUBUQUE, IA - JANUARY 30: Republican presidential candidate Donald Trump arrives for a rally at the airport on January 30, 2016 in Dubuque, Iowa. Trump is in Iowa trying to gain support in front of the state's February 1 caucuses. (Photo by Scott Olson/Getty Images) CLEVELAND, OH - Democratic Nominee for President of the United States former Secretary of State Hillary Clinton speaks to and meets Ohio voters during a rally at John Marshall High School in Cleveland, Ohio on Wednesday August 17, 2016. (Photo by Melina Mara/The Washington Postvia Getty Images) IN FLIGHT, UNITED STATES - OCTOBER 26: Democratic presidential nominee former Secretary of State Hillary Clinton delivers birthday cake to reporters on her campaign plane while traveling from Tampa, Florida to New York on October 26, 2016. Hillary Clinton turned 69 years-old today. With less than two weeks to go until election day, Hillary Clinton is campaigning in Florida. (Photo by Justin Sullivan/Getty Images) TAMPA, FL - OCTOBER 24: Republican presidential candidate Donald Trump hugs the American flag as he arrives for a campaign rally at the MidFlorida Credit Union Amphitheatre on October 24, 2016 in Tampa, Florida. There are 14 days until the the presidential election. (Photo by Joe Raedle/Getty Images) WASHINGTON, DC - OCTOBER 22: Democratic presidential candidate and former Secretary of State


Hillary Clinton testifies before the House Select Committee on Benghazi October 22, 2015 on Capitol Hill in Washington, DC. The committee held a hearing to continue its investigation on the attack that killed Ambassador Chris Stevens and three other Americans at the diplomatic compound in Benghazi, Libya, on the evening of September 11, 2012. (Photo by Chip Somodevilla/Getty Images) ORLANDO, FL - NOVEMBER 02: Amelia Good, 6, wears a crown made from pipe cleaners during a campaign rally with Republican presidential nominee Donald Trump at the Orlando Amphitheater at Central Florida Fairgrounds November 2, 2016 in Orlando, Florida. With less than a week before Election Day in the United States, Trump and his opponent, Democratic presidential nominee Hillary Clinton, are campaigning in key battleground states that each mustwin to take the White House. (Photo by Chip Somodevilla/Getty Images) Democrat presidential nominee Hillary Clinton takes a selfie with attendees at a rally at Wayne State University in Detroit, Michigan October 10, 2016. / AFP / TIMOTHY A. CLARY (Photo credit should read TIMOTHY A. CLARY/AFP/Getty Images) An attendee stands for a photograph while wearing a shirt in support of Senator Bernie Sanders, an independent from Vermont and 2016 Democratic presidential candidate, not pictured, in Kenosha, Wisconsin, U.S., on Wednesday, March 30, 2016. After routing Hillary Clinton in three western-state Democratic caucuses, Sanders still faces daunting delegate math and a road ahead dominated by big-state primaries that have been the weakest link in his campaign. Photographer: Luke Sharrett/Bloomberg via Getty Images CLEVELAND, OH - JULY 21: Republican


presidential candidate Donald Trump delivers a speech during the evening session on the fourth day of the Republican National Convention on July 21, 2016 at the Quicken Loans Arena in Cleveland, Ohio. Republican presidential candidate Donald Trump received the number of votes needed to secure the party's nomination. An estimated 50,000 people are expected in Cleveland, including hundreds of protesters and members of the media. The four-day Republican National Convention kicked off on July 18. (Photo by John Moore/Getty Images) Pastors and attendees lay hands and pray over Republican presidential nominee Donald Trump during the Midwest Vision and Values Pastors and Leadership Conference at the New Spirit Revival Center in Cleveland Heights, Ohio on September 21, 2016. / AFP / MANDEL NGAN (Photo credit should read MANDEL NGAN/AFP/GettyImages) WASHINGTON, DC - SEPTEMBER 17: Destn Montague listens to President Barack Obama speaks at the Congressional Black Caucus Foundation's 46th Annual Legislative Conference Phoenix Awards Dinner, September 17 2016, in Washington, DC. (Photo by Olivier Douliery-Pool/Getty Images) WASHINGTON, DC - SEPTEMBER 12: A demonstrator wearing a Donald Duck costume dances in front of the Trump International Hotel during the hotel's first day of business September 12, 2016 in Washington, DC. The Trump Organization was granted a 60-year lease to the historic Old Post Office by the federal government before Trump announced his intent to run for president. The hotel has 263 luxury rooms, including the 6,300-square-foot 'Trump Townhouse' at $100,000 a night, with a five-night minimum. (Photo by Chip Somodevilla/Getty Images) PHILADELPHIA, PA - JULY 27: US


President Barack Obama and Democratic presidential candidate Hillary Clinton embrace on the third day of the Democratic National Convention at the Wells Fargo Center, July 27, 2016 in Philadelphia, Pennsylvania. Democratic presidential candidate Hillary Clinton received the number of votes needed to secure the party's nomination. An estimated 50,000 people are expected in Philadelphia, including hundreds of protesters and members of the media. The four-day Democratic National Convention kicked off July 25. (Photo by Joe Raedle/Getty Images) Up Next See Gallery Discover More Like This HIDE CAPTION SHOW CAPTION of SEE ALL BACK TO SLIDE

Trump then pivoted to talking about how Comey, who was appointed director of the FBI in 2013 by former President Barack Obama, helped former Democratic presidential candidate Hillary Clinton, noting that Comey "saved herlife."

"Director Comey was very, very good to Hillary Clinton, that I can tell you," Trump told Bartiromo. "If he weren't, she would be, right now, going to trial."

Throughout his presidential campaign, Trump had promised to appoint a special prosecutor to investigate Hillary Clinton in regard to her leaked emails. During the FOX Business interview, though, he dismissed a question when asked if he was going to "push that."

"I don't want to talk about that," Trump said. "I want to talk about positive."

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will equal the reduction in DRG payments. See Cnty. of Los Angeles, 192

F.3d at 1019-20.

                                                 13
Outlier Payments and Fixed Loss Thresholds: FY 1997 through FY 2003
       Because Plaintiffs challenge each of the fixed loss thresholds set for FY 1997 through FY

2007, the Court reviews each of the rulemakings in which those thresholds were set. As

explained above, under the Secretary’s interpretation of the statute, which has been upheld by the

United States Court of Appeals forpractices by certain hospitals, the agency set out to change the

rules for outlier payments to curb these abuses, ultimately modifying the regulations governing

outlier payments in a regulation promulgated in June 2003. See Dist. Hosp. Partners, 786 F.3d at

51-52. Accordingly, for the annual fixed loss threshold rulemakings between FY 1997 and FY

2003, the agency applied the outlier payment regulations promulgated in 1988 and in 1994, both

discussed above. For the annual fixed loss threshold rulemakings for FY 2004 through FY 2007,

the agency applied the outlier payment regulations as modified by the June 2003 regulation. The

Court first reviews, briefly, each of the fixed loss threshold rulemakings for FY 1997 through FY

2003. After reviewing the 2003 changes to the outlier payment regulations, the Court turns to the

four challenged fixed loss threshold rulemakings


                                             24
rulemaking, the agency concluded that adjusting the fixed loss threshold for the remainder of FY

2003 was not warranted. See id. at 34,506.

Fixed Loss Threshold Rulemakings for FY 2004 through 2007
       Plaintiffs challenge four annual fixed loss threshold rules—for FY 2004 through FY

2007—issued after the agency promulgated the 2003 regulations that changed the methodology

for calculating outlier payments. As with the fixed loss thresholds for FY 1997 through FY 2003,

the agency was required to set the fixed loss thresholdthe Secretary to file the

complete administrative record—which did not include any record relating to Plaintiffs’

dismissed claims regarding the four directives issued by CMS—by December 14, 2011. See

Scheduling and Procedures Order (Aug. 19, 2011), ECF No. 29. The Secretary filed the

administrative records for the fourteen challenged agency actions on November 8, 2011,

November 23, 2011, December 14, 2011, and December 28, 2011. See Banner Health III, 945 F.

                                                 36
Supp. 2d at 13 (citing ECF filings). 17 On January 6, 2012, the Secretary


                                           84
52 Fed. Reg. at 33,048. In part, the agency was highlighting an administrative and technical

problem regarding transitioning to a new system. Just as with the administrative burdens

highlighted in the 1986 rulemaking, these administrative and technical details were not simply

brushed aside in the 1988 rulemaking; rather, the agency concluded that the administrative

burden was worthwhile and decided that it was necessary to overcome the technical difficulties

entailed in the transition. The agency also identified a specific challenge with using hospital-

specific data: that the ratios used in setting the                                          101
addresses, in turn, Plaintiffs’ specific challenges to the fixed loss threshold rulemakings for FY

2004 through FY 2007.

               a. Mid-year Adjustment to the FY 2003 Fixed Loss Threshold
       In the agency’s 2003 rulemaking promulgating changes to the outlier payment

regulations, the agency responded to comments suggesting that the agency make a mid-year

adjustment to the FY 2003 fixed loss threshold and explained why it decided not to make such


an

adjustment. 68 Fed. Reg. at 34,505. Plaintiffs now argue that it was arbitrary and capricious for

the agency to decline to make such a mid-year adjustment.

       Plaintiffs’ arguments are largely based on the draft interim final rule that the agency

transmitted to the Office of Management and Budget in February 2003. See AR (2003

amendments) 4417.338. However, the agency abandoned the plan to promulgate an interim final

rule and never published such a rule in the Federal Register. Accordingly, the agency had no

obligation to explain its departure from proposals in that draft rule, such as the proposal to

implement a mid-year adjustment to the FY 2003 threshold. See Dist. Hosp. Partners, 786 F.3d

at 58 (“It is true, of course, that an agency cannot ‘depart from a priorSix escape injury in early-morning fire

If a family on Blackjack Road had not had a working smoke detector, the consequences of a Tuesday morning kitchen fire could have been tragic.

All six occupants, including five children, escaped the structural fire, which was called in around 2:30 a.m. East Oktibbeha County Fire Department responded.

Oktibbeha County Fire Services Coordinator Kirk Rosenhan said the inside of the house suffered severe heat and smoke damage, but the house as a whole received minimal damage thanks to the quick action of the firefighters.

"There are some smoke stains and a couple of broken windows," he said. "But otherwise, from outside, you can't tell there was a problem."

Rosenhan contacted the Red Cross, which put the family up for the night, but an official with Red Cross


and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-6.jpg A villa in northern Italy which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-12.jpg A hotel innorth Germany which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-17.jpg A synagogue in Romania which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down


deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-18.jpg An apartment block in northern Germany which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildingsseen reclaimed by nature after humans leave abandoned-buildings-nature-9.jpg The garden house in an Italian villa which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-3.jpg A mansion in rural Poland which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's


most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-10.jpg The swimming pool of a French villa which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, arenow uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-15.jpg A church in the south of France which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-22.jpg A kitchen in a South German rural village being reclaimed by nature. See SWNS


copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-11.jpg A villa in northern Italy which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown withvines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-21.jpg Nature starts to reclaim one of the rooms in Chernobyl, Ukraine. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-7.jpg A hotel


in north Germany which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-20.jpg The gym at Chernobyl, Ukraine which has been reclaimed by nature over time. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. RomainThiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-1.jpg Nature starts to reclaim the fun fair in Chernobyl, Ukraine. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS


Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-13.jpg An Italian villa which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-2.jpg A Bedroom in a South German rural village being reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's mostspectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-8.jpg An Italian villa which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of


being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-19.jpg A mansion in the North of Germany which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of haunting photographs have captured the lost grandeur of some of Europe's most spectacular buildings which have been reclaimed by nature. Romain Thiery, 30, tracked down deserted mansions across Europe which are now overgrown with vines and weeds. The buildings and landmarks, once home to families and communities, are now uninhabitable after years of being left to rot. Romain Thiery / SWNS Abandoned buildings seen reclaimed by nature after humans leave abandoned-buildings-nature-5.jpg A villa in rural Italy which has been reclaimed by nature. See SWNS copy SWCAabandoned: A series of hauntingNews

The fight against crime in general and corruption in particular requires close cooperation between the Prosecution Office and the Police.This fight is a daily challenge, which requires efforts from all law enforcement institutions.

General Prosecutor, Mr. Adriatik Llalla, invited by his counterpart, Mr. Dinko Cvitan, discussed the manners to strengthen the cooperation in criminal investigation, mainly focused on the fight against economic crime and corruption. Albanian Prosecution Office considers important the experience of the Croatian Prosecution Office to strengthen the mechanisms against corruption at high levels of the state administration.


Salaita had been offered a tenured position at U. of I., but it was rescinded in August, weeks before he was to start, after he wrote hundreds of anti-Israel tweets during the summer, some of which included profane and inflammatory language. The decision not to hire Salaita was met with backlash from faculty across the country who argued that Salaita was punished for his controversial views.K. MILLER, PROCTOR and FAHY, Circuit Judges.
FAHY, Circuit Judge.

1
The appellant company, hereinafter referred to as O'Boyle, holds a certificate of public convenience and necessity, issued by the Interstate Commerce Commission, to transport petroleum products in bulk, in tank trucks, over irregular routes, from points and places in the Washington, D.C., commercial zone to points in West Virginia, Maryland and Virginia.  It also holds a second certificate granting the right to transport petroleum from points and places in Pennsylvania and New Jersey 'To the site of Bolling Field, in Washington, D.C.'  Bolling Field is located within the Washington, D.C., commercial zone referred to in the first certificate.

2
On petition of certain intervenors who contended that O'Boyle was operating without authority from Pennsylvania and New Jersey directly to places


About Us

Green Door Gourmet is a unique farm to fork venture that produces and provides local artisan foods and plants in a farm-cooperative community setting.

Sylvia Harrelson Ganier, the farm operator, brings years of farm and restaurant experience as well as a passion for food and education. Her background, growing up on a dairy farm in North Carolina, melds with her many years in the restaurant business, including being chef and owner of her former Nashville based establishment, CIBO. Personal attention is the main focus of Sylvia and the crew at Green Door Gourmet, and produces both high quality produce, and a positive experience for our patrons.

Green Door Gourmet is located within Hidden Valley Farm on River Road in Nashville, TN, less than 2 miles west of Interstate 40,So its that day! The lab management/strategy game Big Pharma, developed by Twice Circled and published by Positech Games is officially released. woohoo! Its now playable in English, German and French on Windows/OSX and Linux. Plus you can now grab it from Steam as well as the Humble Store as well as GoG or direct from us. Hurrah!

Games take a long time to make, and a lot of work, blood, sweat, tears, and debugging. The first time the phrase ‘Big Pharma’ was used between us was on 21st February 2014, and we were going back on forth on ideas and names before then, so its at least eighteen months in development. That may not sound long by the standards of Duke Nukem et al, but it is a


CMHC PULSE

Currently a professor at the Keck School of Medicine of the University of Southern California and the Director of the USC Clinical Diabetes Programs, Dr. Anne L. Peters has worked in the field of diabetes prevention through extensive involvement with multiple clinical trials, NIH grants, over 100 articles in peer-reviewed medical journals, and speaking engagements across the globe.

While concurrently directing diabetes centers in Beverly Hills and in underserved East Los Angeles, Dr. Peters works with the LA County Department of Health Services on the institution of a county-wide diabetes program. Dr. Peters has previously served as director of the clinical diabetes programs at Cedars-Sinai Medical Center and UCLA before her tenure at USC, after receiving her medical degree from the Pritzker School of Medicine at the Universityof Chicago, performing an internal medicine residency at Stanford University and Harbor UCLA Medical Center, and a fellowship in endocrinology at Cedars-Sinai.

Dr. Peters has served as a principal investigator on multiple clinical trials focused on diabetes prevention, and is currently involved with three NIH grants aimed at curbing and reducing heart disease and diabetes. Dr. Peters has additionally established the Community Diabetes Initiatives Research Center in collaboration with Children’s Hospital Los Angeles. She has authored three books on diabetes, in addition to articles that have appeared in JAMA, The New England Journal of Medicine, Annals of Internal Medicine, and Diabetes Care.

Dr. Peters serves on the ABIM Endocrine Board, multiple ADA committees, and the EASD/ADA Diabetes Technology Committee. She was the recipient of the ADA Outstanding Physician Clinician Award


stereotypically gay man filing his nails with a rainbow coloured emery board.

The man questions the man and asks his wife why he is in his house, to which the gay man replies: “I’m a gay on a homestay.”

His wife then informs him that under a new law, Russian families are forced to take in gay people who have been abandoned by their partners or families.

She adds: “If he can’t find anyone, you will have to be his partner.”

The tattooed gay man then provocatively eats a banana, adding to the man’s shock and horror.

The video continues to say that by not voting, Russians are at risk of incredibly high risks of inflation, as a young schoolboy asks his father for an allowance of four million rubles (approximately £50,000).

Bizarrely, theof the opposition in Russia have called for a boycott of next month’s election.

Opposition leader Alexei Navalny was arrested last month after urging voters to boycott the March 18 election, which he said would likely be rigged.

In 2013, Navalny stood for the Mayor of Moscow and vowed to allow gay pride marches in the capital if elected.

President Vladimir Putin announced his intention to stand in the Russian presidential elections in December of last year.

Putin has been in power either as prime minister or president of Russia since 2000.

If he wins the March 2018 election he will be eligible to serve until 2024.

Opinion polls suggest he will win the election easily.

Putin has backed many deeply homophobic laws during his time in charge of Russia.

Researchers found that hate crimes against


A stroll through Tainan rewards the visitor

The former capital city of the country has plenty of historical monuments to take a look and some good food to savor

By Gavin Phipps / STAFF REPORTER

PHOTO: GAVIN PHIPPS, TAIPEI TIMES

A walking tour of a major metropolis might not seem to be the most convenient, enjoyable or safest way to sightsee while touring Taiwan. But life moves slowly in Tainan and exploring the historic city on foot is fun, especially for those with a whim for history or ancient and colorful Chinese architecture.

The nation's first official capital from between 1663 and 1885, Tainan is one of the few places in the country where history has been spared the wrecking ball and much of its long and colorful past can still be seentoday. Walking is the most convenient way of seeing the 200 temples and countless Ming Dynasty (1368 to 1644) and Qing Dynasty (1644 to 1911) structures that help make up Taiwan's history.

The ideal place to begin a tour of Tainan is in the Anping District (安平區), where Koxinga (鄭成功) landed in Taiwan nearly 400 years ago and drove out the Dutch. Little remains of the original Anping Fort (安平古堡), which was destroyed by a typhoon in the 1800s, but several of the original Ming Dynasty red-brick walls, now strewn with the gnarled roots of banyan trees, offer vestiges of years gone by.

For a less tourist-oriented glimpse of Tainan's early days visitors need only walk out of the fort's main gate and enter anyone of the numerous adjoining alleyways.


Here, countless buildings dating back several hundred years sit as they have for generations. Many of the structures are in ruins, but even so they give visitors an insight into construction methods and materials used during the Ming and Qing periods.

Touring the city itself is hassle free, as brown road signs direct visitors to all of the popular tourist attractions. The most prominent of these include the Confucian Temple (孔子廟), which was established in 1665; Chihkan Tower (once dubbed the "Tower of Red-haired Barbarians") built by the Dutch in 1653; the 300-year-old Grand South Gate (大南門); the Five Concubines Temple (五妃廟) which was built in 1683; and the imposing Great Queen of Heaven Temple (大天后宮), which was built in 1665 and served as an imperial residence.

Visitors wanting toseek out tourist-free historical buildings and temples need not look far in Tainan, as numerous narrow alleyways snake their way through the city and it's here that much of the old-worldly charm of Tainan sits hidden away waiting to be discovered.

These alleyways, where time has stood still and life seems to move at a snail's pace, can be found adjacent to nearly all of the city's smaller temples. They might be only a stone's throw from a major thoroughfare, but they are all places where, save for the odd barking dog, visitors can easily forget they are in a metropolis.

One of the most interesting and charming of these areas is Beishih Street (北勢街), which is part of an going project to restore what remains of the city's old


Hunting the Human Predator

ELEVEN YEARS AGO, U.S. FISH and Wildlife Service undercover agents arrested members of a gang suspected of illegally buying walrus heads from Eskimo hunters in Alaska. In a trailer next to a gang member's Anchorage house they had found 2,000 pounds of walrus tusks destined for factories where they would be turned into mass-produced "original Eskimo art" for tourists.

But the suspects had a seemingly ironclad defense: In court, their lawyers argued that the walruses had been killed before 1972, the year the federal law protecting ocean mammals went in to effect. Given that there were few tests available at the time to determine an animal's date of death, the claim would have hobbled the government's case. That's where Kenneth Goddard, the U.S. Fish and WildlifeService's sole forensics investigator at the time, stepped in. Working with a criminalist—a criminal evidence expert—at the University of California at Berkeley, Goddard proved that flecks of blood found on the tusks had been spilled more recently than 1972. The government got its convictions.

That victory, plus a "growing dossier of convictions during the past 11 years, has transformed Goddard's one-man shop into the world's leading detective agency for crimes against wildlife. Today the National Fish and Wildlife Forensic Laboratory in Ashland, Oreg., with an annual budget of $2 million, pits 18 scientist-sleuths against the criminals who kill endangered species and other protected animals. "The people here are creating a brand-new science," says Goddard, 46, who directs the lab. "There are things going on here that simply aren't being


say that meat came from that animal and that animal alone."

The lab's greatest recent success, though, was the discovery two years ago by criminalists Ed Espinoza and Mary-Jacque Mann of a technique for determining the difference between ivory taken from today's elephants and that recovered from the long-buried remains of mammoths and mastodons. The distinction is important because traders in illegal ivory have escaped prosecution by claiming that their wares are taken from the prehistoric beasts, that are still found preserved in ice in arctic regions of Eurasia and North America. Working with a $250,000 scanning electron microscope and a 25-cent protractor, the researchers found that microscopic lines detectable in cross sections of ivory intersect at different angles on modern tusks and on ancient ones.

Another coup came withthe lab's discovery of a method for identifying bile acids unique to black bears' gall bladders, which sell illegally in Asia for as much as $4,000 each. Used in traditional cures for a wide variety of ailments, the hear gall bladders are otherwise almost identical to those of pigs, which can be sold legally.

Born and raised in San Diego, the son of a Marine NCO and a housewife, Goddard has been chasing crooks ever since he graduated from the University of California at Riverside with a biochemistry degree. In 1968, at 22, he joined the sheriffs department in Riverside County and discovered his calling. "I loved it," he says. "By day they taught me forensic science, and by night they took me out on patrol. I realized this


is what I really wanted to do."

From there. Goddard moved on to crime labs in San Bernardino and Huntington Beach, getting his master's degree in criminalistics from UCLA. At the same time, he launched another career—as a crime-fiction writer. (His fourth and most recent novel, Prey, is about an undercover Fish and wildlife agent who goes after a couple of poachers and stumbles on a government plot to destroy the environmental movement.)

By 1979, though, burned out from police work, Goddard answered a help-wanted ad and became the Fish and Wildlife's Service's first chief of forensics. He was astonished to discover that the service had no laboratory and no money to build one. "It never occurred to me that they would hire someone to set up a forensics program1989, and Goddard began commuting to work from his 20-acre ranch on a mountainside overlooking the town. There, he, his wife, Gena, and their daughter, Michelle, 21, tend two horses, seven cows, three dogs and two cats.

The lab contains a less bucolic menagerie. In a warehouse area Goddard calls his shop of horrors are thousands of items confiscated by wildlife inspectors—everything from alligator shoes to mandolins made from sea-turtle shells. One section is reserved for what Goddard wryly calls "the guy problem"—the many products that are claimed to cure impotence. "It really doesn't say much for the male of our species," says Goddard, "that people think they have to take this stuff."

In the lab itself, research in animal forensics continues. "This is real science-fiction stuff," says Goddard, who


when deputies delivered a "beat down" on Carrillo inside the visiting center of Men's Central Jail."The defense didn't have much of a case," according to Tran, who added there was little disagreement among the jurors.Carrillo went to Men's Central Jail in February 2011 to visit his brother, an inmate at the jail facility.There's no dispute that Carrillo brought a cellphone into the jail's visiting center lobby. That's against jail policy and a misdemeanor violation of the law.Carrillo was handcuffed and led to a deputy break room just off the visiting center lobby.Defense attorneys argued that Carrillo violently attacked deputies after one of his hands was freed from the handcuffs - that he swung at the deputies, using the freed restraint as a weapon."I believe that an individual whoby hiding inmate-turned-FBI informant Anthony Brown. All seven are appealing and remain free on bond.Former LASD Undersheriff Paul Tanaka and former LASD Captain Tom Carey face trial this fall on those same charges.Two other "use of force" cases, also brought by the U.S. Attorney's Office, will go to trial in the fall of this year and early 2016.Los Angeles County Sheriff Jim McDonnell tells Eyewitness News the behavior that led to the convictions is, "disappointing to everybody who wears a badge across America."McDonnell took office in December of 2014, the first outsider to be elected to the department's top job in decades."This job is not for everyone. And for those who can do it the way it was intended to be done, it's the best job in the


world," McDonnell tells Eyewitness News."For those who can't do it, they're in the wrong place," says McDonnell.Long before he took office, Sheriff McDonnell got a first-hand and detailed look at problems that plagued the department as a member of the Citizen's Commission on Jail Violence, a blue-ribbon panel that investigated allegations of excessive force inside L.A. County jails.McDonnell says sweeping changes are underway, including new leadership within the custody division and a greater commitment to caring for inmates "in a constitutional manner.""One of the things I noticed when I came on board six months ago is that the sheriff was not directly involved in the disciplinary process," says McDonnell, who is now personally reviewing cases that could lead to significant discipline."We will be able to restore the public'seso9502 — Organisation Release

ESO's Situation in Chile

20 February 1995

ESO, the European Southern Observatory, in reply to questions raised by the international media, as well as an ongoing debate about the so-called "Paranal case" in Chilean newspapers, would like to make a number of related observations concerning its status and continued operation in that country [1].

THE ESO OBSERVATORY SITES IN CHILE

The European Southern Observatory, an international organisation established and supported by eight European countries, has been operating more than 30 years in the Republic of Chile. Here ESO maintains one of the world's prime astronomical observatories on the La Silla mountain in the southern part of the Atacama desert. This location is in the Fourth Chilean Region, some 600 km north of Santiago de Chile.

In order to protect the


to predict that many exciting discoveries will be made with this instrument, and it will undoubtedly play a very important role in our exploration of the distant universe and its many mysteries during the coming decades.

THE VLT AND PARANAL

In order to find the best site for the VLT, ESO performed a thorough investigation of many possible mountain tops, both near La Silla and in Northern Chile. They showed that the best VLT site would be the Paranal Mountain, 700 km north of La Silla and 130 km south of Antofagasta, the capital of the Second Region in Chile.

In October 1988, the Chilean Government by an official act donated the land surrounding Paranal (in all 725 sq. km) to ESO. As is the case for La Silla, this wouldserve to protect the planned, incredibly sensitive mega-telescope against all possible future sources of outside interference. The donation was made on the condition that ESO would indeed proceed with the construction of the VLT at Paranal within the next five years.

The corresponding decision was taken by the ESO Council in December 1990. The construction of the VLT observatory site at Paranal started immediately thereafter, thus fulfilling the condition attached to the donation.

The construction of the VLT is now well advanced. In Europe, the main parts of the first VLT unit 8.2-metre telescope will be pre-assembled later this year and the first two of the enormous mirrors are being polished. In Chile, the extensive landscaping of the Paranal peak was finished in 1993, during which around 300,000 cubic metres


of rock and soil was removed to provide a 100x100 sq. metres platform for the VLT, and the concrete foundations are now ready. The installation of the first telescope enclosure can now begin and the next will start later this year. The first of the four telescopes is expected to start observations in late 1997.

All in all, ESO has until now committed about 70 percent of the expected total investment for the VLT, estimated to be approximately 570 million DEM.

THE OWNERSHIP OF PARANAL

According to information later received, the Chilean Ministry of National Properties ("Bienes Nacionales") inscribed in 1977 in its name various lands in the commune of Taltal, including the area of the Paranal peak. At that time, i.e. ten years before ESO decided to construct the VLT,nobody in this Organisation could imagine that this telescope would one day be constructed at that site. It was only seven years later, in 1984, that ESO initiated the search for a future VLT site that ultimately led to the recommendation in favour of Paranal, the subsequent donation by the Chilean Government and the beginning of the construction, as described above.

ESO has never had any doubt on the legality of this donation by the Chilean Government. The Organisation started the work at Paranal in full confidence that this generous act was correct and respected its condition, i.e. to start construction of the VLT observatory within a given time frame.

However, in April 1993, when the work at Paranal was already quite advanced, a Chilean family brought a lawsuit against


on January 30, 1995, in response to an appeal by the claimants, a Chambre of the Chilean Supreme Court issued a preliminary decision that may be interpreted as ordering to stop the construction of the VLT during an undetermined period of time. This would seriously delay the entire project and necessarily entail additional, substantial costs.

ESO'S IMMUNITIES

ESO's relations with its host state, the Republic of Chile, is governed by an international Convention ("Convenio"), signed in 1963 and ratified by the Chilean Congress (Parliament) in 1964. According to this, the Chilean Government "grants to ESO the same immunities, prerogatives, privileges and facilities as the Government applies to the United Nations Economic Commission for Latin America (CEPAL), as granted in the Convention signed in Santiago on 16 February 1953" (Article 4of the Chile-ESO Convention).

Through this, the Chilean Government has in particular recognized that "the possessions and properties of (ESO) wherever they may be, and whoever may have them in his possession, shall be exempt of registration, requisition, confiscation, expropriation and of whatever interference, may it be through executive, administrative, judicial or legislative action" (Art. 4, Sec. 8, CEPAL Convention).

Such privileges and immunities are not peculiar to the relations between Chile and ESO. They apply, as already mentioned, to CEPAL as well as to all other United Nations' Agencies and they are today typically recognized by the host states of International Organisations throughout the world.

The Chilean Government and ESO agreed in 1983-84 by an exchange of diplomatic notes that these privileges and immunities apply not only to the La


Silla observatory, but equally to any other observatory site that the Organisation may establish in the future in the Republic of Chile.

It is obvious that, in order to exclude a possible breach of international law, the reported preliminary decision requires to be considered and interpreted in the light of these privileges and immunities. ESO trusts that the competent Chilean authorities will take the appropriate action and decisions which are required for ensuring the Organisation's international status and its protection from any public interference into its possessions and properties.

In a Press Conference at the ESO Headquarters in Santiago de Chile on February 13, 1995, Mr. Daniel Hofstadt, ESO's highest-ranking representative in Chile, stated on behalf of the Organisation that "ESO is in Chile with the purpose to do scienceRepublicans took control of the House, said Todd Hauptli, senior executive vice president of the American Association of Airport Executives.

For the past 21 years, except for 1995, his organization paid for members to fly to Hawaii to discuss airline issues at a conference. This January, members are declining the offer and will participate by videotape.

“They can’t really be scooting around the country when Congress is in session,” Mr. Hauptli said.

Members also will miss out this month on the Consumer Electronics Show in Las Vegas, where TiVo digital recorders and Nintendo video-game consoles were first shown. The Consumer Electronics Association spent thousands last year sending a few members and their staffs to the show, where they stayed in the Bellagio Hotel and Casino.

A spokesman for the Alliance of Automobile