the bishop to resign. The European importance of Bernard, however, began with the death of Pope Honorius II. (1130) and the disputed election that followed. In the synod convoked by Louis the Fat at Étampes in April 1130 Bernard successfully asserted the claims of Innocent II. against those of Anacletus II., and from this moment became the most influential supporter of his cause. He threw himself into the contest with characteristic ardour. While Rome itself was held by Anacletus, France, England, Spain and Germany declared for Innocent, who, though banished from Rome, was—in Bernard’s phrase—“accepted by the world.” The pope travelled from place to place, with the powerful abbot of Clairvaux at his side; he stayed at Clairvaux itself, humble still, so far as its buildings were concerned;and he went with Bernard to parley with the emperor Lothair III. at Liége.

In 1133, the year of the emperor’s first expedition to Rome, Bernard was in Italy persuading the Genoese to make peace with the men of Pisa, since the pope had need of both. He accompanied Innocent to Rome, successfully resisting the proposal to reopen negotiations with Anacletus, who held the castle of Sant’ Angelo and, with the support of Roger of Sicily, was too strong to be subdued by force. Lothair, though crowned by Innocent in St Peter’s, could do nothing to establish him in the Holy See so long as his own power was sapped by his quarrel with the house of Hohenstaufen. Again Bernard came to the rescue; in the spring of 1135


he was at Bamberg successfully persuading Frederick of Hohenstaufen to submit to the emperor. In June he was back in Italy, taking a leading part in the council of Pisa, by which Anacletus was excommunicated. In northern Italy the effect of his personality and of his preaching was immense; Milan itself, of all the Lombard cities most jealous of the imperial claims, surrendered to his eloquence, submitted to Lothair and to Innocent, and tried to force Bernard against his will into the vacant see of St Ambrose. In 1137, the year of Lothair’s last journey to Rome, Bernard was back in Italy again; at Monte Cassino, setting the affairs of the monastery in order, at Salerno, trying in vain to induce Roger of Sicily to declare against Anacletus,in Rome itself, agitating with success against the antipope. Anacletus died on the 25th of January 1138; on the 13th of March the cardinal Gregory was elected his successor, assuming the name of Victor. Bernard’s crowning triumph in the long contest was the abdication of the new antipope, the result of his personal influence. The schism of the church was healed, and the abbot of Clairvaux was free to return to the peace of his monastery.

Clairvaux itself had meanwhile (1135-1136) been transformed outwardly—in spite of the reluctance of Bernard, who preferred the rough simplicity of the original buildings—into a more suitable seat for an influence that overshadowed that of Rome itself. How great this influence was is shown by the outcome of Bernard’s contest with Abelard (q.v.). In


intellectual and dialectical power the abbot was no match for the great schoolman; yet at Sens in 1141 Abelard feared to face him, and when he appealed to Rome Bernard’s word was enough to secure his condemnation.

One result of Bernard’s fame was the marvellous growth of the Cistercian order. Between 1130 and 1145 no less than ninety-three monasteries in connexion with Clairvaux were either founded or affiliated from other rules, three being established in England and one in Ireland. In 1145 a Cistercian monk, once a member of the community of Clairvaux—another Bernard, abbot of Aquae Silviae near Rome, was elected pope as Eugenius III. This was a triumph for the order; to the world it was a triumph for Bernard, who complained that all who had suitsto press at Rome applied to him, as though he himself had mounted the chair of St Peter (Ep. 239).

Having healed the schism within the church, Bernard was next called upon to attack the enemy without. Languedoc especially had become a hotbed of heresy, and at this time the preaching of Henry of Lausanne (q.v.) was drawing thousands from the orthodox faith. In June 1145, at the invitation of Cardinal Alberic of Ostia, Bernard travelled in the south, and by his preaching did something to stem the flood of heresy for a while. Far more important, however, was his activity in the following year, when, in obedience to the pope’s command, he preached a crusade. The effect of his eloquence was extraordinary. At the great meeting at Vezelay,


on the 21st of March, as the result of his sermon, King Louis VII. of France and his queen, Eleanor of Guienne, took the cross, together with a host of all classes, so numerous that the stock of crosses was soon exhausted; Bernard next travelled through northern France, Flanders and the Rhine provinces, everywhere rousing the wildest enthusiasm; and at Spires on Christmas day he succeeded in persuading Conrad, king of the Romans, to join the crusade.

The lamentable outcome of the movement (see Crusades) was a hard blow to Bernard, who found it difficult to understand this manifestation of the hidden counsels of God, but ascribed it to the sins of the crusaders (Ep. 288; de Consid. ii. 1). The news of the disasters to the crusading hostfirst reached Bernard at Clairvaux, where Pope Eugenius, driven from Rome by the revolution associated with the name of Arnold of Brescia, was his guest. Bernard had in March and April 1148 accompanied the pope to the council of Reims, where he led the attack on certain propositions of the scholastic theologian Gilbert de la Porrée (q.v.). From whatever cause—whether the growing jealousy of the cardinals, or the loss of prestige owing to the rumoured failure of the crusade, the success of which he had so confidently predicted—Bernard’s influence, hitherto so ruinous to those suspected of heterodoxy, on this occasion failed of its full effect. On the news of the full extent of the disaster that had overtaken the crusaders, an effort was made to retrieve it by


organizing another expedition. At the invitation of Suger, abbot of St Denis, now the virtual ruler of France, Bernard attended the meeting of Chartres convened for this purpose, where he himself was elected to conduct the new crusade, the choice being confirmed by the pope. He was saved from this task, for which he was physically and constitutionally unfit, by the intervention of the Cistercian abbots, who forbade him to undertake it.

Bernard was now ageing, broken by his austerities and by ceaseless work, and saddened by the loss of several of his early friends. But his intellectual energy remained undimmed. He continued to take an active interest in ecclesiastical affairs, and his last work, the De Consideratione, shows no sign of failing power. He died on the 20thfunction of theology was but to maintain the landmarks inherited from the past. With the subtleties of the schools he had no sympathy, and the dialectics of the schoolmen quavered into silence before his terrible invective. Yet, within the limits of his mental horizon, Bernard’s vision was clear enough. His very life proves with what merciless logic he followed out the principles of the Christian faith as he conceived it; and it is impossible to say that he conceived it amiss. For all his overmastering zeal he was by nature neither a bigot nor a persecutor. Even when he was preaching the crusade he interfered at Mainz to stop the persecution of the Jews, stirred up by the monk Radulf. As for heretics, “the little foxes that spoil


in him a medieval champion of their favourite doctrine of the supremacy of the divine grace; his works, down to the present day, have been reprinted in countless editions. This is perhaps due to the fact that the chief fountain of his own inspiration was the Bible. He was saturated in its language and in its spirit; and though he read it, as might be expected, uncritically, and interpreted its plain meanings allegorically—as the fashion of the day was—it saved him from the grosser aberrations of medieval Catholicism. He accepted the teaching of the church as to the reverence due to our Lady and the saints, and on feast-days and festivals these receive their due meed in his sermons; but in his letters and sermons their names areFatal Accident

One person is dead following a two-vehicle head-on collision outside Thomasville, Alabama. The accident happened around 7:40 Monday morning on Clarke County Road 48 about 10 miles west of Thomasville. Samantha Blanks, 27, from Thomasville, was killed in the crash. Both a passenger in Blanks' car and the driver of the other vehicle were transported to a hospital for treatment. At this time, there's still no official word on their conditions. The Alabama Highway Patrol is investigating the accident.

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Our very own "Komödie im Bayerischen Hof" theatre with 560 seats and a varied repertoire represents the best in light theatre. Here you can experience comic moments as well as dramatic scenes, while always being assured of the best entertainment with well-known German and international actors.in many ways, even as other humanities fields have seen more women advance into leadership positions. Various efforts have focused on issues that range from sexual harassment to questioning traditions that make many women uncomfortable.

The blog Feminist Philosophers regularly highlights conferences where all the keynoters or all the major speakers are male. The blog's Gendered Conference Campaign draws attention to conferences where all key talks are given by men.

But this week two philosophers – Mark Lance of Georgetown University and Eric Schliesser of Ghent University – took to their blog New APPS: Art, Politics, Philosophy Science to call for a boycott of such events. (The blog has been the site for much discussion and some earlier campaigns on women in philosophy.)

“One non-trivial way in which the status quo


The disclosure relates to refrigeration. More particularly, the disclosure relates to electrically powered refrigerated transport systems.
A transport refrigeration system used to control enclosed areas, such as the box used on trucks, trailers, containers, or similar intermodal units, functions by absorbing heat from the enclosed area and releasing heat outside of the box into the environment. A number of transport refrigeration units, including units currently sold by assignee, employ a reciprocating compressor to pressurize refrigerant to enable the removal of heat from the box. Reciprocal compressors used in such applications commonly include a suction inlet and a discharge which are connected, respectively, to the evaporator and condenser of the transport refrigeration system. It is axiomatic that in order to ensure the reliability of the reciprocating compressor, the compressor should“genderqueer,” and the concept of claiming to be neither male nor female.

According to anthropologist April Scarlette Callis, in “Bisexual, pansexual, queer: Non-binary identities and the sexual borderlands,” people only began “identifying” as homosexual in the nineteenth century, when sexuality was medicalized in the wake of modern scientific developments and the decreased influence of religion. She quotes George Chauncey, a Yale history professor, as saying that gender roles, not sexual partners, were used to determine sexual orientation in the early twentieth century. E.g., only butch lesbians and effeminate gay men had labels attached to themselves, not lesbians and gay men who had less gender-defiant style and behavior. Only in the mid-twentieth century were people officially labeled homosexual or heterosexual.

The first recorded use of the word “genderqueer” is in an


many gender-passable homos win a place at the Thanksgiving table, our genderqueered sibs are still beaten, fired, harassed, and murdered not for the sex they have but for the sex they appear to be.”

Also in 2001, “GenderQueer Revolution” and “United Genders of the Universe” were founded to fill a perceived gap in the representation and celebration of people who considered themselves neither male nor female. In 2002, the term went mainstream with the publication of GenderQueer: Voices from Beyond the Sexual Binary, a collection of thirty-eight essays edited by Joan Nestle, Clare Howell, and Riki Anne Wilchins. Ever since, usage of the term and identification with the concept have been steadily rising.

While Ms. Wilchins may have had sincere intentions and a specific identity in mind when she coinedshirt), and two silver balls reflected against a mirror, “equivocal symbols of both testicles and breasts.” Posthumously identifying Henri as “genderqueer” on account of this is a huge stretch. She was bisexual and at times adopted a tomboyish, androgynous style. She never claimed to be anything but female!

The third and fourth photographers cited, Marianne Breslauer and Annemarie Schwarzenbach, were close friends, though not romantic partners. While Schwarzenbach was a lesbian (who entered into a lavender marriage of convenience with bisexual Achille-Claude Clarac in 1935), Breslauer appears to have been heterosexual. Breslauer was born in 1909, and rose to become one of the leading photographers of the Weimar Republic. Her anti-fascist activism and Jewish background eventually drove her out of her native Germany. After World War II, she and


her husband became art dealers (“Beautiful Tomboys of the 1930s”).

Schwarzenbach was born in 1908, and dressed and acted “like a boy” from a very young age. She also adopted the name Fritz. Neither of her parents ever forced her to adopt a more stereotypically feminine role. Her own mother was also bisexual, and had a long-running affair with opera singer Emmy Krüger, as well as other women, which her father raised no objections to (“Swiss writer’s life was stranger than fiction,” Isobel Leybold-Johnson).

Throughout her life, Schwarzenbach continued dressing and behaving “like a man,” and exclusively had relationships with other women. Many times, she was mistaken for a man. Her attempted suicide, not her personal style, caused a much greater scandal among her family and their conservative circle. Breslauerdescribed her as “neither a man nor a woman, but an angel, an archangel.” She travelled all over Europe and Asia as a prolific photographer and journalist, and tragically died from a bicycle accident at age thirty-four (“Beautiful Tomboys of the 1930s”).

On a related note, LGBTQ Nation and Ha’Aretz recently reported the discovery of alleged trans or “third gender” burials in a 3,000-year-old grave in Hansalu, Iran. This ancient city was almost continuously inhabited from the sixth millennium BCE till the third century of the Common Era. Among its claims to fame are the Golden Bowl of Hansalu and the Hansalu lovers, two male skeletons who seem to be embracing. The city was violently sacked and burnt around 800 CE, possibly by Urartians, which froze one of its


membership as well just after stepping down from the leadership), put forward some of the most compelling ideas. Of all those I talked about the idea of socialism with, I found his to be the most infused with the American democratic ideal, and most aligned with our history. Like me, he saw socialism as something that had to naturally spring out of the American revolutionary tradition of 1776, Abraham Lincoln, Martin Luther King

I saw socialism as the outcome of the American revolutionary tradition.

Jr., and so on, and came to see the election of Barack Obama as an important marker of that progressive movement. Just over a decade ago, he published his “reflections” on what socialism might look like (available on his sitehere, orhere as a pdf). They werework in fighting for racial equality, check out Robin Kelly’s excellentHammer and Hoe, which tells of how the CPUSA worked to overthrow the KKK in Birmingham, Alabama.

Being a member of the party meant that I was able to meet people, actual activists, who had participated in this history. Probably this is what kept me involved for as long as I was. Where else could I have meta woman like Grace Bassett, who I got to know well? An extremely humble person, one would have to talk to her for a while before she mentioned that she was, in the 1930s and 1940s, registering African Americans to vote in the South, and was the New Orleans leader of the famous Southern Negro Youth Congress. I also got to meet


and knowDorothy Burnham, a biologist and Brooklyn College graduate (she enrolled in 1932), who in 1940 moved to Birmingham to work for SNYC.

Through membership, I got to know people who had helped found the United Steelworkers, who had been there for the founding of the CIO, which eventually merged with the AFL to create the AFL-CIO. I met people who joined the army to fight fascism in World War II. I was honored to have met people who had gone to Spain as part of the “Lincoln Brigade,” a group of Americans who risked their lives to fight against the first fascist government to ever exist, that of Generalissimo Francisco Franco.

I enjoyed a long friendship with Danny Rubin, who J. Edgar Hoover at one point called “the mostdangerous man in America” for his work organizing youth. Danny and his wife Dorothy were decades older than me – when I first met him he was probably in his 70s, and I in my 20s – but he treated me as an equal and we became friends. I’d stay at Danny’s house for hours, questioning him and listening to his stories: he himself had gone to the American South, using what is now called his white privilege to go undetected (sometimes), delivering notes between activists, including those who planned the famous lunch counter sit ins. Of course, he eventually became known as a communist to the FBI, and his stories of being followed across the Southern states (and elsewhere) were harrowing. I learned of and from his


work organizing people, likeChaney, Goodman, and Schwerner, to also go down to the South. He told me stories of the threats that any progressive during those days endured, but that he experienced more harshly: he was called totestify before Congress on his membership in the CPUSA, and, when he plead the Fifth Amendment, he was nearly sentenced to prison at Leavenworth. Only a Supreme Court decision saved him from doing time.

I met many other people who were beyond impressive: Estelle Katz, Angie Lebowitz, Gloria Freedman in New York City. I met international guests, including those who helped to lead the struggle against the evil apartheid system in South Africa (where even now, the Communist Party, the African National Congress, and the trade union movement are in alliance, andwe could just talk ourselves to (the way many on the left still do) by convincing people of how good it was.

Building progress meant working to defeat the most anti-democratic sections of society, which were given political life in the Republican Party most often. It also meant building up the strength of four key groups: the working people (who needed to be organized as much as possible into the labor movement – we saw the labor movement as a natural ally), people who are racially and nationally oppressed, the women’s movement, and the youth. Of course, we also saw the need to empower and support other progressives and progressive movements, but these four sections of the population we saw as key to dramatically bettering society. (Disclaimer: I still


Ferrer’s (he nearly beat Michael Bloomberg to become mayor of NYC), and a host of others known mostly to NYC residents. I am proud to say that I wrote the first official document in the CPUSA calling for support of Barack Obama in the primaries: I wrote this as chair of the party in Brooklyn, in 2007.

I also was able to spend my days working on issue-related work as well: against the Iraq War, on the Immigrant Worker Freedom Rides and other immigration issues, against ultra-gentrification with Develop Don’t Destroy Brooklyn, with the Kings County (Brooklyn) Democratic Party, and so on.

There were of course party-specific activities, including a discussion on “the role of the Communist Party.” Sam Webb, Danny Rubin, I, and other people I agreed with arguedRepublican Party), as well as to build on the ground the organization of the core forces.

International

The Communist Party maintained relationships with communist parties in most countries around the world. While the Soviet Union imposed an ideological rigidity, its collapsed left all the parties to come up with their own paths forward. Some, like the Communist Party of Greece, became insane, and embraced a rigid, Stalinist orthodoxy (they hated the CPUSA’s leaders). Others, like the Japanese Communist Party, and the Iraqi Communist Party, were more realistic/sane. It was always interesting meeting the foreign representatives, though, at conventions and other such meetings. I particularly enjoyed the Vietnamese communists, who were really interested in developing their economy and repairing relations with the United States after the terrible war. During that war,


the CPUSA played a difficult role: it supported Vietnam’s right to free itself, but also argued against those on the left who demonized American soldiers. For the CPUSA, the American soldiers were victims of that war, as were the Vietnamese people.

It was fascinating for me to talk with these different representatives from around the world, from both ruling Communist Parties, parties that were elected into office in democratic countries (including the Communist Parties in India, France, and South Africa (Nelson Mandela was reportedly a member), and the Democratic Party of Italy), and those who were either small and oppositional or underground, like the Tudeh Party of Iran, which is pushing for democracy in that country. I felt honored to meet members of the Iraqi Communist Party, who afterweekend days for months, and then some evening work). But this I learned from people like Danny Rubin: educated as a lawyer, he spent his whole life working for low wages, doing all that he could to make the world a better place. And that meant doing things that weren’t necessarily glamorous: while he did attend huge meetings of world leaders, he thought his most valuable work was on the ground organizing. At the end of his life, he was spending hours every day organizing party members and allies to go and work for NYC city council campaigns, or Congressional races, or whatever else needed to be done. His frustration was that he was older, and unable to get out and do these things himself.

I can’t tell you


War I, things were different in the U.S. The American Socialist Party was opposed to the war – but they were terrible on racial issues. A desire to fight racism directly was part of the reason the CPUSA was formed. (An old timer, perhaps Grace Bassett, once told me that, during the 1930s in the South, if you saw a white and black couple, you just assumed that they were communists.)

Youth:I puzzled at first as to why such a small organization as the CPUSA would have gone to the trouble to set up a separate youth organization, which it did many times over the years (often at the behest of Danny Rubin). The argument, which originated with Lenin, was that young people, one of the core forces of7. Speaking of which, The New York Times published over the course of the year an excellent series of articles in their Red Century series, which explored communism and Communist Parties in the U.S. and around the world.

Image: A portrait of me by artist Yevgeniy Fiks, from his series on the Communist Party USA. Just as I would no longer join the Communist Party, I would no longer wear such an ugly shirt.


issued. Pending a hearing thereon she was admitted to bail and released on her own recognizance without bond. She claimed the state lacked jurisdiction to proceed against her.
At the hearing on the writ it was stipulated that the act for which she was arrested occurred on U. S. Highway No. 18 at a place thereon which was within the closed portion of the Pine Ridge Indian Reservation. It was also agreed that at the time of committing the offense charged she was a duly enrolled member in good standing of the Oglala Sioux Tribe and a resident of the Pine Ridge Indian Reservation. The state's claim of jurisdiction is bottomed solely on Ch. 464 of the Laws of 1961. The trial court held this act ineffective and invalidto confer any jurisdiction upon the State of South Dakota and discharged the petitioner from custody. The state appeals.
The act relied on by the state provides as follows:
"Section 1. The State of South Dakota, in accordance with the provisions of 67 Statutes at Large, page 589 (Public Law 280), hereby assumes and accepts jurisdiction of all criminal offenses and civil causes of action arising *840 in the Indian Country located within this State, as Indian Country is defined by Title 18 United States Code Annotated, section 1151, and obligates and binds this State to the assumption thereof, the provisions of Chapter 106 of the Session Laws of the State of South Dakota for 1901, as amended, or any other law of this State to the contrary, notwithstanding.
"Section 2.


The county commissioners of those counties of this State in which there is located Indian Country as affected by this Act, and the State Board of Finance shall be, and they are hereby authorized to accept grants-in-aid, and to negotiate, and contract with the Federal Bureau of Indian Affairs of the United States Department of Interior for reimbursement of any authorized and appropriated federal funds for the added costs to such counties and this State in connection with such assumption of jurisdiction.
"Section 3. That SDC 1960 Supp., sections 65.0805, 65.0806, 65.0807, 65.0808, 65.0809, and 65.0810 be, and the same are, hereby repealed.
"Section 4. Except as to criminal offenses and civil causes of action arising on any highways, as the term is defined in SDC 28.0101, the jurisdiction providedfor in Section 1 herein shall not be deemed assumed or accepted by this State, and Sections 1 and 3 of this Act shall not be considered in effect, unless and until the Governor of the State of South Dakota, if satisfied that the United States of America has made proper provision for the reimbursement to this State and its counties for the added costs in connection with the assumption of said jurisdiction, has issued his proper proclamation duly filed with the Secretary of State declaring the said jurisdiction to be assumed and accepted."
Since the Governor has not issued the proclamation required by Section 4 of the act we are here concerned only with the assumption of jurisdiction as to criminal offenses arising on any highways in Indian


Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States; * * *"
Responding to this enabling legislation the Constitution which we adopted in Art. XXII included a compact with the United States. The portion thereof here material, is as follows: "Second. That we, the people inhabiting the state of South Dakota, do agree and declare that we forever disclaim all right and title to the unappropriated public lands lying within the boundary of South Dakota, and to all lands lying within said limits owned or held byany Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States; and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of *841 the United States; * * *" See also Art. XXVI, Sec. 18. The Enabling Act stipulated that the Ordinance adopted by our convention was to be irrevocable without consent of the United States and the people of this state. Our compact in turn provided that the consent of the people of South Dakota to its revocation could be expressed by our legislature.
Departing from the policy which deprived the State of South Dakota and other states of jurisdiction over


the Indian lands within their boundaries, the Congress adopted the Act of August 15, 1953, being Public Law 280, Ch. 505, 67 Stat. 588. Material here are these portions of the act.
"Sec. 6. Notwithstanding the provisions of any Enabling Act for the admission of a State, the consent of the United States is hereby given to the people of any State to amend, where necessary, their State constitutions or existing statutes, as the case may be, to remove any legal impediment to the assumption of civil and criminal jurisdiction in accordance with the provisions of this Act: Provided, That the provisions of this Act shall not become effective with respect to such assumption of jurisdiction by any such State until the people thereof have appropriately amended their stateReport 848, which was also Senate Report 699, see U. S. Code, Congressional and Administrative News, 83rd Congress, First Session 1953, Vol. 2, pp. 2409-2414, we quote the following:
"Your committee has amended the printed bill by adopting substitute language which operates to
"(1) confer as of date of enactment, civil and criminal jurisdiction on the States of California, Minnesota, Nebraska, Oregon, and Wisconsin, excepting specified areas within three of these States as hereinafter noted.
"In the foregoing States the Indian Bureau advised State and local authorities who indicated their willingness to accept the proposed transfer of jurisdiction. Indian groups in those States were, for the most part, agreeable to the transfer of jurisdiction, with certain groups opposing such *842 transfer. The following tribes, each of which has a tribal


law and order organization functioning in a reasonably satisfactory manner, have advised Bureau officials of their objections to State jurisdiction, and their reservation areas have therefore been excepted in the transfer legislation; Red Lake Band of Chippewa Indians of Minnesota, Warm Springs Tribe of Oregon, and the Menominee Tribe of Wisconsin.
"(2) give consent of the United States to those States presently having organic laws expressly disclaiming jurisdiction to acquire jurisdiction subsequent to enactment by amending or repealing such disclaimer laws.
"Examination of the Federal statutes and State constitutions has revealed that enabling acts for eight States, and in consequence the constitutions of those States, contain express disclaimers of jurisdiction. Included are Arizona, Montana, New Mexico, North Dakota, Oklahoma, South Dakota, Utah, and Washington. Effect of the disclaimer of jurisdictionimmediate jurisdiction to the five states named in the prior provisions of Public Law 280, the Congress designated the areas involved as all Indian country in the state, excepting in three of the states a named reservation. *843 The title of the act refers to conferring jurisdiction with respect to criminal offenses or civil causes of action committed or arising on an Indian Reservation. Nowhere in the act is it expressly stated that a state could assume jurisdiction over only a portion or part of a reservation.
In defining Indian country in 18 U.S. C.A. § 1151, rights of way running through the reservation are specifically mentioned as being a part of the reservation. We think it reasonable to believe that if the Congress had intended that under Section


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Toronto Japanese Film Festival highlights this week’s projections

Fri., June 14, 2013

Jason Anderson
Special to the Star

TORONTO JAPANESE FILM FESTIVAL
: Though recently surpassed by China as the globe’s second biggest film market after North America, Japan remains one of the most movie-mad countries on Earth. Unfortunately, few of the over 400 features made there every year ever play on big screens on this side of the world. Now in its second year, the
Toronto Japanese Film Festival
helps rectify that situation by presenting 18 new handiworks by the country’s filmmakers — the TJFF runs to June 28 at the Japanese CanadianCulture Centre (6 Garamond Court). One especially intriguing offering is
Helter Skelter
, director Mika Ninagawa’s adaptation of a popular satirical manga about a pop idol who’ll do anything to keep her fame — it plays June 14 at 9:15 p.m. On June 17 at 7 p.m., the TJFF presents the Toronto premiere of
The Millennial Rapture
, the final film to be completed by longtime maverick Koji Wakamatsu before the filmmaker’s death in a car accident last October. A high-school tale that won a heap of prizes at the Japanese Academy Awards (including best film and best director),
The Kirishima Thing
makes its Canadian premiere at the TJFF on June 28 at 7 p.m.

FEMALE EYE FILM FESTIVAL
: Established in 2001 as a vital showcase for work by women filmmakers, the
Female Eye Film Festival
launches


its 11th edition on June 19. The opening reception at the WARC Gallery at 401 Richmond St. W. includes screenings of eight new short films by young aboriginal directors who had been mentored by Female Eye alumni. The fest’s program of features kicks off with a screening of
Margarita
on June 20 at 8 p.m. at the Carlton. Female Eye continues to June 23.

THE GREAT CHAMELEON
: A locally shot comedy that plays the Royal this week,
The Great Chameleon
stars Victor Altomare as Joe Murky, a fast-talking con man with a knack for disguises. As fate would have it, Joe’s investigation into the disappearance of his niece allows him the opportunity to try on guises ranging from a kilt-wearing Scotsman to a patois-speaking Jamaican. More familiar faces in the movie’s cast belongROCK
: Roncy Rocks is a music and arts fest celebrating the west-end hood otherwise known as Roncesvalles Village. Among the events on June 15 is a free screening of
School of Rock
, the 2003 hit that starred Jack Black and a bunch of riff-loving youngsters. We salute those who are about to rock when the movie plays the Revue at 11 a.m.

MY LITTLE PONY: EQUESTRIA GIRLS
: Resurgent in recent years due to a smart new TV incarnation, Hasbro’s long-running franchise makes the journey to big screens this weekend in a feature-length spinoff.
My Little Pony: Equestria Girls
plays 11 Cineplex theatres on June 16 at 12:30 and 2:10 p.m. Encore screenings follow on June 22 and July 7-9.

EL BULLI AT FOOD ON FILM
: In the season’s final installment of TIFF’s culinary-minded


what was alternately called a crawfish, crawdad, crayfish or baby lobster, depending on who you asked. She felt Pierre's eyes on her as, with a quick twist of the wrist, she separated the body from the crawfish head. With unabashed pleasure she placed the latter in her mouth and sucked out the juicy meatiness inside. After tossing the shell on the newspaper, she made quick work of slurping the remaining meat from the tail while reaching for her next one.

"Obviously not your first bucket," Pierre quipped as he picked up one of the Louisiana delicacies and devoured it the same as Roz.

"Nope."

"You from here?"

"Born and bred. Only recently developed a love for crawfish, though. My mom hates them and refused their presence in our home."

"Where'd you grow up?"

"Eastover."

"Ah,her lips and tried to maintain a frown, even as the smell of toasted pecans and warm caramel drizzle tickled her taste buds and forced up the corners of her mouth. She accepted the spoon Ma held, dug through layers of cookie crust, maple filling, pecan caramel crumble and homemade vanilla ice cream. "I'll say it again, Ma," Roz began, eyes closed as she savored the flavors. "You do not play fair."

"Like my mama always said. You can catch more people with sugar than vinegar."

"More like hold them hostage, unable to leave your place until the last bite is gone."

Ma chuckled, headed toward the door to welcome two new customers. Roz got lost in the sinful sweet treat, with thoughts of Friday's confrontation and today's resignation taking a


Book travel

On a leafy corner a few blocks from the main Palermo hub, this two storey building makes for a great bar, especially in the summer, when the large and leafy roof terrace comes into its own. Delicious areapas and imported rums ensure a clientele of young, cool South American students and other foreigners, who pile in for the convivial, happy-go-lucky atmosphere.Some believe that the Fulani emigrated from the Middle East or northern Africa years ago in search of new grazing land for their cattle. Today, the Fulani occupy many parts of central and western Africa. They are grouped according to location, occupation, and dialect. Some of the Fulani travel with their herds, some are settled, and some mix herding with farming. The Bororo Fulani are nomadic herdsmen.

The Fulani live in the northeastern region of Cameroon. They have straighter hair, narrower noses, thinner lips, longer faces, and lighter skin than their African neighbors. Also, the Fulani, unlike other African groups, milk their cattle.

The Bororo Fulani speak a Fulfulde dialect called Kano-Katsina-Bororro Fulb. Since all Fulani speak a Fulfulde dialect, this suggests that they adopted the language of the people


to place with their herds. Each member of the family has specific duties. The men's responsibilities include herding the cattle, tending to political affairs, treating illnesses, and making plans for traveling. The women's duties include milking the cows, preparing butter and cheese, making the clothes and blankets, and preparing the daily meals. They are also required to obey their husband's orders. Although the wife must follow the husband everywhere, she must never be seen in close proximity to him. The men are masters of their households, and women gain their dignity and self-satisfaction from serving and obeying their husbands. The younger boys help their older brothers with herding. The older girls help their mothers and take care of the younger children. Children learn values and Fulani pride fromThe ride sharing company Uber will invest over $360 million in Mexico with the goal of more than doubling its number of drivers in the country by the end of next year, company officials said this week.

The company is seeking to have 500,000 drivers, up from the 220,000 it has grown to since it began providing services in the country in August 2013, said Carlos Oliveros, the head of communications for Uber Mexico.

Mexico is the third largest market for Uber, with about 7 million registered users, Oliveros said. The top two markets are the United States and Brazil, though Oliveros did not give information on the number of users there.

Similarly, Mexico City is the company’s second largest market after São Paolo, out of more than 600 cities where


information receive copies of the information. Historically, organizations maintained a central library which was the repository of information of a general public nature. In addition, the organization concurrently maintained a corporate records department which stored and maintained the private corporate correspondence and trade secret documents. Thus, when an individual working in the organization desired to obtain information, the search was initially divided between these two types of information. The two libraries of information were cataloged by professional librarians and were relatively simple to search, generally with the assistance of the library staff. With regard to information generated within and by the organization, this information was typically propagated from the author to members of the author""s department and to interested individuals in other departments via standard routing lists.
With theThirty eight-year old Tara Valencia was deported to the United States after being arrested near Los Mochis, Sinaloa Mexico. She was wanted on multiple financial offenses.

Officials said she took nearly $1,000,000 from her employer, a Tucson & Phoenix business.

Court documents showed the 38-year old Valencia embezzled the money from January 2007 to November 2012.

The official paperwork also stated on January 27, 2009, she filed a false 2008 income tax return.

She wrote down she received a little over $43,000 in wages, but IRS investigators said the income was false.

Her actual total income was actually more than four times that amount.

In March 2015, Michael Adams with the U.S. Marshals said she was indicted on 15 charges. She went to court, they released her on pretrial conditions which is essentially is


probation awaiting trial. She skipped out and left the country.

That's when the U.S.Marshals stepped in to look for her.

Adams said, “She was tracked to Mexico, we had some gentleman working with Mexican authorities over there they were able to track her down to Los Mochis in Sinaloa.”

News 4 Tucson did a computer search for Tara Valencia. A business profile said she worked for Oliver Exterminating of Arizona. They had offices in Phoenix and Tucson. The Tucson office said they had no knowledge of Tara Valencia.

That company was sold, but the name stayed the same.

The documents showed she spent some of the money on home cleaning services, and car insurance. She even paid the U.S. Treasury over $13,000.

Adams added, “She skipped out, and she tried avoiding going to jailmost inspiring ones comes from an area that isn't thought of as a cleantech hot spot: the Bronx.
In New York City's northernmost borough, arguably most famous for being the home of the New York Yankees but also for having a rough-and-tumble reputation, an organization called the Consortium for Workers Education (CWE) has been been training adults and recent college graduates for green jobs.
Read More

Global crude steel production increased on both a month-to-month and year-over-year basis in October. However, output from U.S. steel manufacturers has declined slightly, while international markets may face an overcapacity problem in the near future.
Read More

When President Barack Obama passed the American Investment and Recovery Act in 2009, it included a number of provisions for supporting and accelerating the growth of green energy technologies. Much


A one "START" shop for Military, Veterans, and their Families.

Providing a network of critical services through community partners.

Veterans Transition Resource Center Mission

The goal of the Veterans Transition Resource Center is to reach out to our military veterans, guard & reserves and their families; to provide them with needed services through our collaborative community partners, and link them with local government agencies who can support them.thereon.
The thus-formed electrostatic latent image is then carried to an opposing portion between a developing device 104 and the photosensitive drum 101 by the rotation of the photosensitive drum 101 in a direction indicated by an arrow, and is sequentially developed by the developing device 104. The toner image developed by the developing device 104 is then sequentially transferred to a sheet P, which is supplied to a transferring portion T from a pick-up roller 105, by a transferring roller 106.
The sheet P, to which the toner image is thus transferred, is separated from the photosensitive drum 101 in synchronous motion with the rotation of the photosensitive drum 101, and is fed to a fixing device 107. The sheet P is heated and pressed in the fixing device


belt) 111 is sandwiched between a ceramic heater 110 serving as a heating member and a pressing roller 109 serving as a pressing member to establish a fixing nip portion, and when the sheet bearing the unfixed toner image to be fixed is introduced into the fixing nip portion between the fixing film 111 and the pressing roller 109, the sheet is nipped and conveyed together with the fixing film 111.
In such an event that the recording material is nipped and conveyed by the pressing roller 109 and the fixing film 111, heat of the ceramic heater 110 is transmitted to the recording material through the fixing film 111 in the fixing nip portion, and the unfixed toner image is thermally pressure-fixed onto the surface of the recordingbe able to weigh in.

As far as the two movies are concerned, Venom is currently pegged at an opening weekend of around $60 million to $70 million, while A Star Is Born is aiming for the $30 million market . Worldwide Venom is estimated to bring in around $175 million while A Star Is Born is estimated for around $50 million.

"One of Marvel's greatest and most complex characters takes center stage as Eddie Brock (Tom Hardy) becomes the host for the alien symbiote Venom. As a journalist, Eddie has been trying to take down the notorious founder of the Life Foundation, genius Carlton Drake (Riz Ahmed) - and that obsession ruined his career and his relationship with his girlfriend, Anne Weying (Michelle Williams). Upon investigating one of Drake's


experiments, the alien Venom merges with Eddie's body, and he suddenly has incredible new superpowers, as well as the chance to do just about whatever he wants. Twisted, dark, unpredictable, and fueled by rage, Venom leaves Eddie wrestling to control dangerous abilities that he also finds empowering and intoxicating. As Eddie and Venom need each other to get what they're looking for, they become more and more intertwined - where does Eddie end and Venom begin?"

Venom stars Tom Hardy (Venom/Eddie Brock), Michelle Williams (Anne Weying), Jenny Slate, Woody Harrelson, Michelle Lee (Donna Diego), Riz Ahmed (Dr. Carlton Drake), Sope Aluko (Dr. Rosie Collins), and Reid Scott.

Venom lands in theaters on Friday, Oct. 5.The man who ushered in Quebec's religious symbols law has set his sights on another longstanding point of contention: how retailers greet their customers.

Immigration Minister Simon Jolin-Barrette, who was handed the French language portfolio a month ago, has begun to contemplate the issue, saying Friday he hopes to ensure "bonjour" is the default greeting in the province's stores and businesses — not the bilingual "bonjour/hi."

Jolin-Barrette made his comments after a committee meeting about steps being taken to reinforce Quebec's language-protection law, known as Bill 101.

He said he was looking not just at state-owned organizations, but commercial businesses in general.

"People want to be greeted in French in businesses and shops as well as by the Quebec government," he said. "So that will be part of my reflections."

Jolin-Barrette said he's


considering his options around the bilingual greeting and that "everything is on the table."

But he was quick to dismiss suggestions the outcome would be inspectors verifying how people are welcomed into shops.

"We're not in the frame of mind of language police," he said.

In the context of provincial language policy, Jolin-Barrette's intentions are neither radical nor new; the provincial legislature passed non-binding motions favouring "bonjour" over "bonjour/hi" in June of this year and in 2017, both times with unanimous support from all parties. (The 2017 motion did cause controversy).

As with anything related to language in Quebec, "bonjour/hi" is a thorny issue.

Christine St-Pierre, the Liberal MNA for Acadie and the opposition critic on the French language portfolio, says the greeting is "always, always, always going to be a sensitive topicin Quebec, because the French language is so fragile."

"We're just two per cent of North America," she said.

Geoffrey Chambers, president of the Quebec Community Groups Network, said he opposes the government's plan to scrap 'bonjour/hi.' (CBC)

In Montreal, some view the double-edged greeting as emblematic of the city's bilingual identity. But for other Quebecers, the notion of bilingualism can be problematic, and the addition of the English "hi" is a warning sign.

"It starts with that, and eventually you speak only in English," François Legault said in reference to "bonjour/hi" on CBC's Daybreak in 2017, around a year before he became premier.

Geoffrey Chambers, president of the Quebec Community Groups Network, a non-profit advocacy group for English-speaking Quebecers, said that by taking aim at the bilingual greeting, the government is trying


University Prep, K-5 Teaching Fellow (Starts January 2019)

Teaching Fellows are entrusted with advancing the mission of the school through supporting all scholars in meeting behavioral, cultural and academic expectations. Fellows will gain hands-on experience in the classroom, participate in school-wide professional development, lead instruction, and receive frequent feedback and coaching. Teaching Fellows are supported and held accountable by Principal Resident. In completing the Fellowship year, Teaching Fellows are prepared to be certified teachers in the state of Colorado and in the strongest position to take on a full-time teaching role within University Prep.

Suggested Qualifications

Strong commitment to, belief in, and alignment with mission and vision of school.

Minimum of a Bachelor’s degree.

Excellent verbal and written skills.

Experience or familiarity analyzing data and using data to inform decisions and/or instruction.

Strong organizational skills.

Opennessto feedback, desire to continue development as a professional, and willingness to take responsibility for scholar outcomes and achievement.

Bilingual preferred (English/Spanish)

Responsibilities

Embody mission and vision of school.

Support teachers in the creation of rigorous, standards-aligned curriculum including scope and sequence, unit plans, and lesson plans. (Over time, the responsibility of Teaching Fellows increases, and they may take on the creation of standards-aligned lesson plans targeted to achieve end of year goals)

Provide engaging, motivating, and rigorous instruction in whole-class, small group and individual settings (Teaching Fellows build to this responsibility throughout the year, carrying a larger teaching load as the year progresses).

Provide academic support and tutoring to small groups or individual scholars as needed/scheduled.


Links

Saturday, June 19, 2010

As we reported before, Linden Lab shot a movie at Tempura on May 7th. The movie has been completed and now is presented at the top of the Linden homepage, the original site in English, together with other notable sites in the SL. These moving pictures are to introduce the SL to newbie who came in for the first time.

The official homepage of Linden: URL http://secondlife.com/*If you are logging in using ‘my account’, please log out once and return to the top page of http://secondlife.com/

Tempura was cooperative with Linden in movie shooting several times for the promotional activities. The movie this time is even more beautiful and gorgeous, and expresses wonderfully the major point of Tempura, that is love and consolation.

It is an ultimate honorofficer.

Here comes the second edition of SSs celebrating the second anniversary of Tempura.

The first spot that we are introducing is the pink flower field like lotus flower on the bank. Please run in the field hand in hand together with the sweetheart. The flowers undulate and rustle to the last, and the love lasts forever.

The next is the crimson autumn forest, where everyone catches breath at the entrance of Tempura.

In the classic castle, the ball room with a golden gleam will be welcoming you.

Please start with teleporting to Tempura, have a look, and sense it by yourself.


Rocking the boat: The first major big-studio Bible film in decades is a provocative take on the venerable story of the Flood.

Darren Aronofsky’s Noah pays its source material a rare compliment: It takes Genesis seriously as a landmark of world literature and ancient moral reflection, and a worthy source of artistic inspiration in our day.

It is not a “Bible movie” in the usual sense, with all the story beats predetermined by the text, and actors in ancient Near Eastern couture hitting their marks and saying all the expected things. It is something more vital, surprising and confounding: a work of art and imagination that makes this most familiar of tales strange and new: at times illuminating the text, at times stretching it to the breaking point, at timesA special report by Gun Owners’ Action League detailing the failure of twenty years of gun control in the Commonwealth.

December, 2018

Download a pdf of this report here.

Two decades ago the Commonwealth of Massachusetts passed a sweeping set of new gun laws known as the Gun Control Act of 1998. It was passed on the heels of the Federal “Assault Weapons” ban in 1994. The Massachusetts’ legislation is listed in the legislative records as Chapter 180 of the Acts of 1998 and is commonly referred to as “Chapter 180.” The bill contained eighty sections of new gun law and was approved on July 23, 1998.

The following findings represent two decades of evidence after the passage of these new “gun control” laws. The report utilizes the latest available information at


in a burned out
  section of  forest while assessing the damage done by a forest fire. The
  deceased
  male was dressed in a full wet suit, complete with scuba tanks on his
  back, flippers, and facemask.
  A post-mortem revealed that the person died not from burns, but from
  massive internal injuries. Dental records provided a positive
  identification.
  Investigators then set about to determine how a fully clad diver
  ended up in the middle of a forest fire.
  It was revealed that on the day of the fire, the person went for a
  diving trip off the coast some 20 miles from the forest. The fire
  fighters, seeking to control the fire as quickly as possible,called in
  a fleet of helicopters with very large dip buckets. Water was dipped from
  the ocean and then flown to the forest fire and emptied.
  You guessed it. One minute our diver was making like Flipper in the
  Pacific, the next he was doing the breaststroke in a fire-dip-bucket 300
  feet in the air. Apparently he extinguished exactly 5'10" of the fire.
  Some days it just doesn't pay to get out of bed.
  (This article was taken from the California Examiner, March 20,
  > 1998)
  STILL THINK YOU ARE HAVING A BAD DAY?

  A man was working on his motorcycle on his patio and his wife was in
  the kitchen. The man was racing


the engine on the motorcycle when it
  accidentally slipped into gear. The man, still holding onto the handle
  bars, was dragged through the glass patio doors and along with the
  motorcycle dumped onto the floor inside the house.
  The wife, hearing the crash, ran into the dining room and found her
  husband lying on the floor, cut and bleeding, the motorcycle lying next
  to him, and the shattered patio door.
  The wife ran to the phone and summoned the ambulance.
  Because they lived on a fairly large hill, the wife went down the
  several flights of stairs to the street to escort the paramedics to her
  husband.
  After the ambulance arrived and transported the man to thehospital,
  the wife up righted the motorcycle and pushed it outside. Seeing that gas
  was  spilled on the floor, the wife got some paper towels, blotted up the
  petrol, and threw the towels in the toilet. The man was treated and released
  to come home.
  Upon arriving home, he looked at the shattered patio door and the
  damage done to his motorcycle. He became despondent, went to the bathroom,
  sat
  down on the toilet and smoked a cigarette. After finishing the cigarette,
  he flipped it between his legs into the toilet bowl while seated.
  His wife, who was in the kitchen, heard the loud explosion and her
  husband screaming. She ran into the bathroom and found


her husband lying
  on the floor. His trousers had been blown away and he was suffering
  burns on the buttocks, the back of his legs, and his groin.
  His wife again ran to the phone to call the ambulance. The very same
  paramedic crew was dispatched and the wife met them at the street. The
  paramedics loaded the husband on to the stretcher and began   carrying
  him to the street. While they were going down the stairs to the street
  accompanied by the wife, one of the paramedics asked the wife how the
  husband had burned himself.
  She told them, and the paramedics started laughing so hard, one of
  them slipped and tipped the stretcher, dumpingthe husband out. He fell
  down
  the remaining stairs and broke his arm.

  (Taken from a Florida Newspaper)

  Having a bad day? Just remember, it could be worse.....

  A woman came home to find her husband in the kitchen, shaking
  frantically with what looked like a wire running from his waist towards
  the electric kettle. Intending to jolt him away from the deadly current
  she whacked him with a handy plank of wood by the back door, breaking
  his  arm in two places. Until that moment he had been happily listening to
  his Walkman!

     And finally.......
  Iraqi terrorist, Khay Rahnajet, didn't pay enough postage


Image copyright PA Image caption The inquiry - now chaired by Alexis Jay - has been hit by a number of resignations

The Independent Inquiry into Child Abuse has been hit by the resignation of another senior lawyer.

BBC Newsnight understands that Aileen McColgan has quit because of serious concerns over the inquiry's leadership.

She was the barrister leading the inquiry's investigations into the Anglican and Catholic Churches.

The inquiry said that lawyers come and go according to their professional obligations - and a spokeswoman declined to "comment on specifics".

It is understood Aileen McColgan had concerns over the competency of the inquiry's leadership and the way it had previously responded to the resignation of lawyers instructed by it. As well as working on the inquiry, she is also a Professor of Lawat King's College London.

It is understood that two other barristers have told the inquiry of their desire to leave because of similar concerns.

The inquiry has suffered a series of setbacks in recent months, including the departures of a number of senior lawyers.

Image copyright Getty Images Image caption Lowell Goddard was the third chair of the inquiry - she resigned in August

Responding to the latest revelations the Labour MP Lisa Nandy said: "The loss of so many senior members of the inquiry over a short space of time should sound alarm bells for government.

"It really is time that there is some oversight and accountability of this inquiry which is too important to fail."

She added: "We have had a whole series of ministers and civil servants and members of the


about getting it back on track for the survivors of child abuse because they really need to know that this inquiry's going to be effective."

In August the inquiry's third chair Lowell Goddard resigned. She has instructed lawyers to fight newspaper claims that she had made racist remarks.

Then in September the inquiry suspended its most senior lawyer because of concerns over his leadership of the inquiry team. Ben Emmerson resigned from his position 24 hours later.

Last month BBC Newsnight revealed that an investigation into Mr Emmerson's conduct had been dropped despite the inquiry leadership being made aware of an accusation of sexual assault against him - an accusation he strongly denies.

When Mr Emmerson resigned it was agreed that he would continue to work for the inquiry for two monthsof a handover document. It is thought the inquiry will pay him around £55,000 for his work since resigning.

Image copyright AP Image caption Ben Emmerson QC, the most senior lawyer on the inquiry, resigned at the end of September

The inquiry's current chair Professor Alexis Jay is yet to announce a successor to Mr Emmerson. She had faced criticism from survivors' groups because of her background in social work - a profession that they say failed them.

Two weeks ago it emerged that Toby Fisher, one of the first three lawyers on the inquiry, had resigned because he was concerned about the inquiry's "progress and direction".

The inquiry is currently reviewing how it will carry out its investigations.

Aileen McColgan declined to comment.

The Independent Inquiry into Child Sexual Abuse said in a


Sarah Palin endorsed Christine O'Donnell with a radio ad and robocall message on O'Donnell's behalf. Getty

September 14, 2010

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The audio: Sarah Palin is exercising her clout in Delaware's hotly contested Republican Senate primary, endorsing Tea Party candidate Christine O'Donnell — who has surged into the lead in polls ahead of today's vote — and following up with a robocall entreaty to GOP voters (listen below). In the recorded message, Palin accuses supporters of mainstream favorite Rep. Mike Castle of "vicious personal attacks" for calling attention to O'Donnell's past financial woes and questioning her accounts of her education, and suggests the tactics reveal the "establishment's desperation."The reaction:Palin's line about nasty personal attacks could "resonate" with voters who have financial problems of their own, says Chris Good at The Atlantic. Her robocalls helped put Joe Miller over the top in Alaska's GOP primary — she may just "recreate the magic" in Delaware. Palin may regret getting involved, says Jeremy P. Jacobs at the National Journal. Castle is far more likely to beat Democrat Chris Coons in the general election, and Palin's endorsement clearly deepens the divide between mainstream Republicans and Tea Partiers — witness Washington Post columnist Charles Krauthammer's description of Palin's involvement as "disruptive and capricious." Listen to a recording of Palin's robocall:


    Mandell Rhodes, Jr. was convicted of aggravated rape in 1980. Texas
paroled him in 2004,2 but he returned to prison in 2006 after violating a
condition of his release. Rhodes claims that he is being denied street-time credit
for the two years that he was on parole, credit that he claims “could be used to
accelerate his automatic release to mandatory supervision.” According to
Rhodes, Texas law requires that when an inmate is released in error through no
fault of his own, he is entitled to be credited with all earned street-time credit
upon his return to prison. The denial of such credit, he contends, is a denial of
due process.
       Rhodes sought habeas relief in federal district court.3 The district court
denied his petition, for reasons   As the district court noted, “Rhodes contended that his release on parole was in error
because he had been convicted of aggravated rape and thus could only be released by an
‘extraordinary full board vote,’ rather than the vote of a panel. He stated that for inmates
convicted of aggravated rape, two-thirds of the full board, or five of the seven board members,
had to vote in favor of release, but his case was heard by a three-member panel, two of whom
voted for release.”
       3
           The government concedes that Rhodes exhausted state remedies.
       4
         Gonzalez v. Thaler, 132 S.


Revenge of the Sunnis

The last decade has been marked by the rise of the Shiites in the Middle East. Through the bullet and the ballot box, Shiite parties have risen to power from Baghdad to Beirut — thereby extending Iran’s reach into the heart of the Arab world. Sunni rulers have viewed with much anxiety the new "Shiite crescent" that extends from Iran all the way to Lebanon.

But as a popular — and now military — uprising in Syria becomes more powerful, the Shiite ascendancy is coming to an end. With every day that passes, President Bashar al-Assad’s grip on power seems to weaken: The United Nations assessed on Nov. 1 that Syria had entered a state of civil war and the country’s economy is projected to contractby a disastrous 12 percent to 20 percent this year. And now, the regional Sunni powers are hoping to exploit the turmoil to launch a counteroffensive that could reverse their losses.

Shiite empowerment in the Middle East began with the 2003 U.S. invasion of Iraq, which had the perfectly predictable effect of strengthening Iran — not only its ruling theocracy as such, but also its hegemony over "Twelver" Shiites across the Arab world. In Iraq, most importantly, the Shiites have long outnumbered the Sunnis, but were marginalized and persecuted by the Ottoman Empire and then by all subsequent Arab regimes, down to the initially secular Saddam Hussein, who became a Sunni paladin after launching his war against Iran in 1980. Today by contrast, the U.S.-imposed democratic system virtually guarantees


Syria has been a strategic boon to Iran due to its readiness to act as if they were fellow Shiites — thereby connecting Iran, Iraq, and southern Lebanon into a contiguous "Shiite crescent," in the words of an alarmed Jordanian King Abdullah II. That is richly ironic, because President Bashar al-Assad and his inner core of followers who dominate the security forces are Nusayris, only re-branded in the 1920s as Alawites ("followers of Ali") to better claim a Muslim identity as Shiites ("partisans" of Ali), but whose very un-Islamic doctrines would expose them to murderous repression in Iran — just ask a member of the post-Islamic Bahai community.

For ultra-Sunni Saudi Arabia, as well as its smaller neighbors — Kuwait, Bahrain, Qatar, and the United Arab Emirates — thethe Arab League after months of bloody repression in Syria — when the death toll exceeded 3,500 — and even then delayed their actions in light of Assad’s "promise" to stop using force against his own population.

That was a trap, of course. Assad was left with only two choices: Stop using force, lose control, and at best flee the country; or else suppress the opposition with lethal force, losing Arab League support and provoking increasingly severe sanctions. The latter option was Assad’s preference, and the Saudi and Qatari rulers duly reacted by calling for Arab and international sanctions, while probably supplying money to Syrian resisters who happen to be almost entirely Sunni.

It is obvious that the Gulf monarchies of absolute rulers are not in the fight for the


D. Lifson are employed by Leidos Biomedical Research, Inc. There are no patents, products in development or marketed products to declare. This does not alter the authors\' adherence to all the PLOS ONE policies on sharing data and materials, as detailed online in the guide for authors.

[^2]: Conceived and designed the experiments: ES JDL AD RCD. Performed the experiments: ES MP KC P-CP LB DB MO\'C EC JB SMH. Analyzed the data: HRM SMH RCD AD. Wrote the paper: ES JDL AD RCD.

[^3]: Current address: National Institutes of Health, National Institute of Allergy and Infectious Diseases, Division of AIDS, Bethesda, Maryland, 20892, United States of America

[^4]: Current address: SGS M-Scan SA, Geneva, Switzerland

[^5]: Current address: Department of Pathology, University of Miami, Miami, Florida, 33136, United States of America
U.S. Navy aircraft carrier USS Wasp (CVS-18) underway in the Atlantic Ocean. Smoke rises up from its smokestack. United States aircraft parked forward on the starboard side. Ship underway and going into a port turn. U.S. Navy destroyer ship USS Zellars (DD-777) underway.


Really? You don't remember a couple years ago there was a big uproar over James Frey's "memoir" called "A Million Tiny Pieces." I never read it, but it's apparently pretty harrowing, and it was a bestseller and an Oprah bookclub book, and then it came out that a lot of the events in his book didn't fit a true timeline of his life, and finally he admitted he'd fabricated parts of it. It created a huge discussion in the writing community about memoir, fiction vs. nonfiction, and creative license. Basically, he's considered a scumbag.

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As a general rule we do notWORCESTER – A former female sex ed teacher at North Central Charter Essential School in Fitchburg was arraigned in Worcester Superior Court Friday afternoon on charges she raped a 14-year-old male student multiple times.

Rachelle Gendron, 27, of 4 Sheridan St., Fitchburg, was indicted on charges of enticement of a child under 16-years-old and five counts of rape aggravated by age difference, said Worcester County District Attorney Joseph D. Early Jr.’s spokesman Timothy J. Connolly. The charges carry a state mandated 10-year sentence.

Gendron appeared in court handcuffed and crying. She was still crying as she signed paperwork for her $2,000 cash bail in the clerk magistrate’s office afterward.

She has been fired from her job at the school, where she worked as a health and sex education teacher for five


2014 Featured Festival Poet: Saeed Jones

Saeed Jones quips that he “grew up in the South, or survived growing up in the South,” as a gay man of color. Many of the poems in his chapbook “When The Only Light is Fire” take place in a dark southern landscape, as a result of his escape from that past to an empowered present. Jones says in an interview with Jonterri Gadson on Eclectica Magazine, “When I started writing these poems, the South was a distant object to me. It was a past-tense terrain, but, of course, once I got down into the muck of writing—the real work of it all—that distance vanished. Memories that I thought were ash, in fact, were still hot to the touch.”

As you can see in× Thanks for reading! Log in to continue. Enjoy more articles by logging in or creating a free account. No credit card required. Log in Sign up {{featured_button_text}}

A Slocomb teenager has pleaded guilty to manslaughter for fatally shooting his friend while playing with a handgun.

Geneva County District Attorney Kirke Adams said 17-year-old Joshua Gianni Haire recently pleaded guilty to a felony manslaughter charge in front of Circuit Court Judge Kimberly Clark.

Agents with the State Bureau of Investigation of the Alabama Law Enforcement Agency arrested Haire on April 24, 2015, and charged him with murder.

Adams said Haire, who was 16 at the time of the offense, pleaded guilty to fatally shooting his friend, 26-year-old Demetrius Fryer, at a residence on Mulberry Street in Slocomb.

Adams said apparently Haire had a


came from companies "buying in." What a racket, huh?

Back in 2010, the company finally filed its first lawsuits. Since then it's continued filing lawsuits on an irregular basis. 2011 was a big year, with sudden bursts of lawsuits in July, September and October. 2012 had fewer lawsuits, and just small blasts in February and May. However, it looks like IV may be ramping up with the lawsuits again. IV filed three in February (one against Windstream and a few small telcos, one against CenturyLink, Qwest, Embarq, Savvis & CenturyTel, and one against AT&T and various subsidiaries). However, in the last week or so, it's filed three more lawsuits. First against Symantec, then against Toshiba, and the latest against Canon and Ricoh.

The latest one claims that Canon and Ricohoffice they suddenly became seen as a cost center, rather than a profit center as planned. Enter IV with a giant war chest, agreeing to buy up tons of crappy patents that no one else valued or wanted, on the cheap, and suddenly tech transfer offices can aggregate a bunch of patents and show some money coming in. IV has never, ever been about "identifying strong patents." It has always been about finding enough patents they can use to pressure companies into giving them money. IV's entire business model, from the beginning was built on exploiting a clearly broken patent system by a group of folks who had a history with the system.

As for a "fair price," a fair price is what someone in the market is willing


website from state law claims (including criminal law) based on the publication of "information provided by another information content provider."

The court, incorrectly, insists that because Chan has the ability to remove posts, he is obligated to do so.

As the owner and operator of the site, Respondent has the ability
to remove posts in his capacity as the moderator. However,
Respondent chose not to remove posts that were personally
directed at Ms. Ellis and would cause a reasonable person to
fear for her safety. Because the Respondent's course of conduct
was directed at Ms. Ellis through the posted messages and
information relating to Ms. EIlis, and the conduct was intended (and in fact did) create fear and intimidation in the Petitioner.

Except, as the EFF reminds us, under section 230, there is no duty to removeEurope for some time. Both their success and difficulties flow in part from the fact that they do not fit neatly into the traditional political categories. This makes them attractive to those who are disenchanted with established parties, but also makes it hard for Pirate Parties to devise a coherent political program that they can seek to implement, for example through alliances with others.

An interesting question is whether the Pirate Party is a one-off, or part of a larger movement away from traditional party lines towards a different kind of politics -- specifically one that recognizes the central importance of the Internet in modern life. That's just been answered by the appearance of a new party in Brazil, as reported by Global Voices:

A former Brazilian presidential candidate and


famous environmentalist is leading the charge for the creation of a new political party in the country, one that seeks to use the Internet as a tool for action on sustainability issues.

Former Brazilian Environment Minister Marina Silva officially launched her Sustainability Network in the capital Brasilia on 16 February, 2013, to a crowd of around 1,700 people, including supporters, founders and ideologues. The network aims to collect the required 500,000 signatures by September 2013 to become legally recognised as a political party.

What's interesting here is that the new party seems to draw on both traditional Green policies, with their emphasis on sustainability, and key ideas of the Net-based Pirate Party. For example, the idea of a network is central to the new party, as its name -- "SustainabilityNetwork" -- makes clear. The party's manifesto (original pdf in Portuguese) expands on this aspect:

We believe that networks, as a means of aggregation and organization, are an invention of the present that bridges to a better future. The concept of a network is based on a democratic and egalitarian operation that seeks convergences in diversity. It is an instrument against the power of hierarchies that capture democratic institutions and, ironically, makes them their instrument of domination. For it is networked with society that we want to build a new political force, with alliances underpinned by an Ethics of Urgency, having as its aim the construction of a new model of development: sustainable, inclusive, egalitarian and diverse.

As the Global Voices article explains, like the Pirate Party in Europe, the


number of lawmakers introduced censures against Bill Clinton over the Monica Lewinsky scandal, and President Andrew Jackson was formally censured in 1834 by the Senate.

"That the House of Representatives does hereby censure and condemn Barack Obama for having willfully disregarded the legislative powers of the duly elected Congress provided by the Constitution of the United States through his executive actions to deprive American citizens of their constitutionally-mandated right to bear arms under the Second Amendment," Palazzo's resolution reads.

Palazzo said in a statement the censure is the "best way we can fight and win" against the executive actions Obama released. Republicans have few legislative options at their disposal to fight back until the 2017 appropriations process begins. Already Republicans have promised to cut off funding to the Department ofwitnesses not on those lists appeared voluntarily. While not commenting specifically, the K.L.C. Court did not find the attorney's decision beyond the range of professionally acceptable performance. Further, viewing the content of the report which was not admitted in light of the totality of the evidence, we find it improbable that it would have materially affected the outcome.
¶ 23 Review of the record reflects Mother's trial counsel was actively involved in the case before and during trial. He successfully prosecuted a motion in limine to prevent certain police reports from being introduced. He raised other pretrial issues regarding Mother's psychological evaluation and medical records and references to the ethnicity of Mother's boyfriends. He endorsed and called other witnesses, including Mother herself, on her behalf. He actively cross-examined State's


"A Farrago of Antiquities routed out of the Rusts and Crusts and Fusts of Time!"

Buried Spitfires

Monday, 7th January, 2013

British team in Burma begin lost Spitfire hunt
British experts have begun work in Burma following a 17-year search for a cache of World War II Spitfire planes believed to be buried in the country.
Eyewitness accounts and metallurgical surveys suggest that more than 30 unused planes are buried in crates at Rangoon international airport.
The planes are believed to have been buried by American engineers as the war drew to a close.
Only an estimated 40 to 50 Spitfires are believed to be airworthy today.
The planes at the airport site are thought to be among more than 120 unassembled Spitfires buried at at least three different sites in Burma.
The team behind the historicalhelping Laban, he made a flock for himself. This is an example of Jacob’s supplanting. At the first, Jacob certainly did not have the transfer of life.

TRANSFORMED INTO ISRAEL, THE PRINCE OF GOD • God had a way to deal with Jacob. He transformed Jacob, the supplanter, into a prince of God. Although it took God a long time to accomplish this, at a certain time He told Jacob that his name was being changed from Jacob to Israel (32:27-28). Thereafter, he was called Israel. God did the same thing to Jacob that He had done to Abraham: He changed his name and his strength. When God came in to deal with Jacob, Jacob was truly a supplanter. He even wrestled with God. He was so strong in


a natural way that even God found it difficult to subdue him. We should not laugh at Jacob. We are the same as he was. We are so strong that even God finds it difficult to subdue us. When God comes to deal with us, we wrestle with Him. Although it is difficult for God to subdue us, eventually we shall be subdued by Him. Jacob’s wrestling forced God to touch his thigh, to touch the strongest part of his being. After that happened, he was lame. From that day onward, his supplanting was over. The supplanter had become a prince of God. Throughout the remainder of his days he did not steal again. His supplanting hands became blessing hands. He no longer supplanted; he only blessed. Hestretched out his hands to bless whomever came to him. He even blessed Pharaoh, the greatest king on earth at that time (47:7, 10). The supplanter became a blesser. This is the prince of God. Here we have the full transfer of race with the complete transfer of life. This is God’s calling. God’s calling began at Genesis 12:1 and will continue until the coming of the New Jerusalem. All the supplanters will be terminated and become the princes of God. The New Jerusalem will come in, not only as a transfer of race, but also as a transfer of life.

IN THE BELIEVERS

BEGINNING WITH REGENERATION • In principle, the experience is the same with the believers today. With the believers, this transfer of life begins with regeneration (John


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Thought I would redo my performance of the jazz standard "Body and Soul" since the first recording appeared to lack a little in regards to the rhythmic pulse (the underlying beat) which gives feel to a "stride" piece. The new recording is now improved in regards to rhythm as the note reading was secure (with no mistakes) and the playing was freer, overall.

The new recording on the CA95 features the default "Jazz Grand 2" preset:

[Please note there is 18 seconds of silence before the recording starts]

However, I'm not terribly keen onredo my performance of the jazz standard "Body and Soul" since the first recording appeared to lack a little in regards to the rhythmic pulse (the underlying beat) which gives feel to a "stride" piece. The new recording is now improved in regards to rhythm as the note reading was secure (with no mistakes) and the playing was freer, overall.

The new recording on the CA95 features the default "Jazz Grand 2" preset:

[Please note there is 18 seconds of silence before the recording starts]

But I also don't like that particular piano sound. I ear too much ringing in the trebble and when you play fast notes they sound too much "staccato", prominent and detached one from the other. Almost like if they were recorded separately and pasted together afterwards..


indeed was proved experimentally in one of the most curious
instances described, in which the thickened anterior end of the
caterpillar bears two large ocelli or eye-like spots, which give to
the creature so formidable an appearance that birds were frightened
away. But the mere explanation of the colouring of these caterpillars
is but a very small part of the merit of the work. This mainly consists
in the light thrown on the laws of variation and of inheritance by
the facts given and discussed. There is also a valuable discussion
on classification, as founded on characters displayed at different
ages by animals belonging to the same group. Several distinguished
naturalists maintain with much confidence that organic beings tend to
vary and to rise in the scale, independently of the conditions to which
they and their progenitors have been exposed;should not be referred to Sexual Selection. It would have been
impossible either to exclude or to infer an unknown developmental
force, since we should have had to deal with two unknowns which could
in no way be kept separate.

We escape this dilemma in the markings of caterpillars, because the
latter do not propagate in this state. If the phenomena are not here
entirely referable to Natural Selection and the direct action of the
environment--if there remains an inexplicable residue, this cannot be
referred to Sexual Selection, but to some as yet unknown power.

But it is not only in this respect that caterpillars offer especial
advantages. If it is to be attempted to trace transformations in
form to the action of the environment, an exact knowledge of this
environment is in the first place necessary, _i.e._ a precise
acquaintance


found as good as no previous work bearing upon this subject.
It was well known generally that many caterpillars were differently
marked and  when young to what they were when old; in some
very striking cases brief notices of this fact are to be found in the
works,[1] more especially, of the older writers, and principally
in that of the excellent observer Rösel von Rosenhof, the Nuremberg
naturalist and miniature painter. In no single case, however, do the
available materials suffice when we have to draw conclusions respecting
the phyletic development. We distinctly see here how doubtful is the
value of those observations which are made, so to speak, at random,
_i.e._ without some definite object in view. Many of these observations
may be both good and correct, but they are frequently wanting precisely
in that which would makeand second elements of marking are mutually
exclusive, but not the first and third, or the second and third, 377.
Results with reference to the origin of markings; picture of their
origin and gradual complication, 380. General results; rejection of a
phyletic vital force, 389.

=II.=

ON PHYLETIC PARALLELISM IN METAMORPHIC SPECIES.

_Introduction_, p. 390.

I.

_Larva and Imago vary in Structure independently of each other_, p. 401.

Dimorphism of one stage only, 402. Independent variability of the
stages (heterochronic variability), 403. Constancy and variability are
not inherent properties of certain forms of marking, 407. Heterochronic
variability is not explained by assuming a phyletic vital force,
410. Rarity of greater variability in pupæ. Greater variability more
common among caterpillars than among the imagines. Causes of this
phenomenon, 412. Apparent independent variability of the single larval
stages. Waves of variability, 416. _Saturnia Carpini_ an instance of
_secondary_


the wing, but that they are subject to many attacks during
their period of repose.

In support of this last statement I may here adduce an instance. In the
summer of 1869 I placed about seventy specimens of _Araschnia Prorsa_
in a spacious case, plentifully supplied with flowers. Although the
insects found themselves quite at home, and settled about the flowers
in very fine weather (one pair copulated, and the female laid eggs),
yet I found some dead and mangled every morning. This decimation
continued--many disappearing entirely without my being able to find
their remains--until after the ninth day, when they had all, with one
exception, been slain by their nocturnal foes--probably spiders and
_Opilionidæ_.

Diurnal Lepidoptera in a position of rest are especially exposed to
hostile attacks. In this position, as is well known, their wings are
closed upright, and itWe
might be inclined to seek for the cause of this different behaviour in
external influences, but we should not thus arrive at an explanation of
the facts. We might suppose, for instance, that a great deal depended
upon the particular period of the pupal stage at which the action of
the elevated temperature began--whether on the first, the thirtieth,
or the hundredth day after pupation--and this conjecture is correct
in so far that in the two last cases warmth can have no further
influence than that of somewhat accelerating the emergence of the
butterflies, but cannot change the _Levana_ into the _Prorsa_ form. I
have repeatedly exposed a large number of _Levana_ pupæ of the third
generation to the temperature of an apartment, or even still higher
(26° R.), during winter, but no _Prorsa_ were obtained.[19]

But it would be


The view of the
slow cumulative action of climatic influences already submitted, is
thus confirmed.

If warmth is thus without doubt the agency which has gradually changed
the colour and marking of many of our butterflies, it sufficiently
appears from what has just been said concerning the nature of the
change that the chief part in the transmutation is not to be attributed
to the agency in question, but to the organism which is affected by it.
Induced by warmth, there begins a change in the ultimate processes of
the matter undergoing transformation, which increases from generation
to generation, and which not only consists in the appearance of the
colouring matter in one place instead of another, but also in the
replacement of yellow, in one place by white and in another by black,
or in the transformation of black intolife in which these conditions were or are effective. In all
seasonally dimorphic butterflies which I have been able to examine
closely, I found the caterpillars of the summer and winter broods to
be perfectly identical. The influences which, by acting on the pupæ,
split up the imagines into two climatic forms, were thus without effect
on the earlier stages of development. I may specially mention that
the caterpillars, as well as the pupæ and eggs of _A. Levana_, are
perfectly alike both in the summer and winter forms; and the same is
the case in the corresponding stages of _P. Napi_ and _P. Bryoniæ_.

I shall not here attempt to enter more deeply into the nature of the
phenomena of inheritance. It is sufficient to have confirmed the law
that influences which act only on certain stages in


of
the insect, or that it is so only exceptionally, and that it is in
reality, as it appears to be, a character of purely morphological,
_i.e._, physiological, insignificance, then its striking phylogenetic
development conformable to law cannot be explained by any of the
known factors of species transformation, and we should have to
assume the action of an innate transforming power. In the present
investigations, this subject in particular has been extensively treated
of, and not only the markings of Sphinx-caterpillars, but also those
of caterpillars in general, have been taken into consideration. The
results arrived at are indeed quite opposed to this assumption--marking
is shown to be a character of extreme importance to the life of the
species, and the admission of a phyletic vital force must, at least
from the present point of view, be excluded. This leadsat the height of the former
subdorsal line. In this latter region the black pigment is disposed as
a longitudinal streak, and to this a median line is added, the whole
forming a marking which perhaps makes the caterpillar appear still more
alarming to its foes. This marking is, however, only to be distinctly
recognized on the three first segments. The “dorsal spots” mentioned in
the case of _C. Elpenor_ then appear very distinctly on segments 5-11.

The caterpillars continued to feed for eleven days after the third
moult, at the end of which period the fourth moult took place, but
without the occurrence of any change of marking. The larvæ then buried
themselves, the complete development having taken 28-29 days.

The development of the _Porcellus_ caterpillar was twice followed;
in 1869 in twelve, and in 1874 in five specimens.


the transference
mostly occurs backwards, although in certain cases it takes place at
the same time forwards. Herein, _i.e._ in the origin of the eye-spots,
there lies a great distinction between the genus _Chærocampa_ and the
genus _Deilephila_, with which it was formerly associated, and in which
the origin of a very similar kind of marking can be traced to quite
another source.

THE GENUS DEILEPHILA, OCHSENHEIMER.

I am acquainted with the caterpillars of nine European and one North
American species, these differing in marking to such a wonderful extent
that they appear to offer at first sight but little hope of being able
to trace them to a common form. These ten species can be separated,
according to their markings, into five groups, which I will briefly
define before entering upon their ontogeny.

The first group consists of three species, andwith sharp boundaries, and the
infra-spiracular line pure white, as in the next stage. The shagreening
is present, but none of the shagreen-dots are red or reddish, and no
trace of a ring-spot can be detected on the subdorsal line with the
exception of that on the eleventh segment. In this last position this
line is somewhat widened, and a long, diffused, rose-red spot can there
be recognized upon it (Fig. 58 A). The black “ground-area” present
in the fifth stage is as yet absent, and the spot is not so sharply
separated anteriorly from the subdorsal line as it becomes later.

From these observations we might venture to expect that in the third
stage of _Hippophaës_, the subdorsal line would also be free from this
spot on the eleventh segment, and it is possible that in the second
stage


an investigation of the group of phenomena
displayed by larval markings, with special reference to those of the
_Sphingidæ_. The alternatives upon which we have to decide are the
following:--Are the markings of caterpillars purely morphological
characters, produced entirely by internal causes? or, are they simply
the response of the organism to external influences?

The solution of these questions will be arrived at by seeking to refer
all the markings present to one of the known transforming factors, and
the success or failure of this attempt will give the required decision.
The first question to be attacked is obviously this,--whether the
Sphinx-markings are actually, as they appear at first sight, purely
morphological characters. If it can be shown that all these markings
were originally of biological value, they must be attributed to the
action of natural selection.

Did I here at onceIt is conceivable that the two pairs
of ocelli on the front segments are more effective as a means of
alarm than if the insects were provided with two long rows of such
markings; but nothing can be stated with certainty on this point until
experiments have been made with caterpillars having rows of eye-spots.

The question raised above--whether the species of _Chærocampa_ at
present devoid of eye-spots are to be expected to acquire this
character in the course of their further phyletic development--brings
with it another point, which cannot be here passed over.

If the _utility_ of the four kinds of markings in their perfected form
is demonstrated, their origination through natural selection is not,
strictly speaking, thereby proved. It must also be shown that the first
rudiments of these characters were also of use to their possessors. The
question


a method by installing the sun photometer in an aircraft, etc. For example, when an aircraft on the ground measures a state of atmosphere such as a pattern of atmospheric scattering through ground observations, the state of all layers of the atmosphere may be measured. More specifically, if the distance from the surface of the earth to the sun is L, and if an aircraft at an altitude of ΔL measures a state of atmosphere through aerial observation, the state of all the layers of the atmosphere corresponding to a height of L′, where L′=L−ΔL may be measured. In addition, if the aircraft measures a state of the atmosphere corresponding to the height of L′ which varies as ΔL, the states of the atmosphere at each altitude mayCephalon-Cima Merger Gets OK

The Federal Trade Commission has alleviated the long-running angst of arbitragers and Internet chat-room investors by finally giving the OK to the merger of Cephalon ( CEPH) and Cima Labs ( Cima).

The agency endorsed the deal late Monday, and the 12-month-long saga apparently will be concluded in a few days.

The merger had achieved near-soap opera status. Here's a summary: Cima was approached with a stock swap offer from aaiPharma ( AAII) in early August 2003. Cima agreed, then Cephalon came along with a cash bid of $26 a share that was slightly better than aaiPharma's offer. But Cima rejected that last September.

In October, a mystery bidder entered the fray with a slightly higher bid. But in November, Cima agreed to a Cephalon cash bid of


outperform. Ellis said the FTC's ruling could create "greater risk" to Cephalon's revenue from fentanyl products in late 2006, when Actiq could lose patent protection. He said the problem will occur because Cephalon's sales force won't have enough time to convince doctors and patients to switch from Actiq to the new OraVescent fentanyl. (Ellis doesn't own shares, but his firm is a market maker and expects to seek investment banking compensation or receive compensation in the next three months).

Morgan Stanley's Marc Goodman cut his rating to underweight from equal-weight, echoing Ellis' concerns that the FTC-brokered deal would make it difficult for Cephalon to promote and market OraVescent fentanyl vs. generic Actiq. Noting that OraVescent fentanyl is still in the final stages of clinical trials, he said that anyAmid the serious charges and countercharges of broken noncompete agreements, corporate espionage and toxic workplace culture, there has been a sideshow of sorts in the lawsuits between Nike and three of its departed designers.

It involves deceased pop superstar Michael Jackson.

Nike filed a lawsuit in December in Multnomah County Circuit Court accusing designers Denis Dekovic, Marc Dolce and Mark Miner of breaking noncompete agreements, saying their plans to open a design studio for Adidas constituted a violation of the agreements. The designers filed a countersuit against Nike on Tuesday challenging the legality of the agreements.

The Nike lawsuit mentions Dekovic's desire during his Nike tenure to develop a Michael Jackson "Moonwalker" line of footwear and sportswear "based on, in part, existing vintage Nike designs."

The lawsuit said this plan would violate


the "Employee Invention and Secrecy Agreement," signed by Dekovic on April 4, 2007, to "assign Nike the rights to any product designs conceived while he was employed at Nike."

"I am surprised that Dekovic would have been attempting to develop a personal (non-Nike) footwear product while employed by Nike as a footwear designer," says a court filing on behalf of Nike vice president of footwear design Andrew Caine, who once worked five years for Adidas.

The Nike lawsuit says Dekovic told potential investors to expect $93 million in profit in the first six years after a 2015 Moonwalker product launch. The lawsuit contends Nike has rights of ownership to the Moonwalker designs.

However, the countersuit filed Tuesday says Nike "approved, did not object, and/or encouraged (Dekovic's) contribution to the outside MoonwalkerNASA Satellite Expected To Collide With Earth

September 19, 2011

comments

According to NASA, a retired U.S. research satellite the size of a school bus has been sucked into the Earth's gravitational pull. The space agency expects the satellite to break into pieces on entry to the atmosphere, and for some of those pieces — some as heavy as 300 pounds — to rain down later this week. Donald Kessler, who served as NASA's senior scientist for orbital debris research, tells Michele Norris that an event of this nature is highly unusual — and odds are slim that the debris will injure people or destroy property.

When you give to WAMU, your tax-deductible membership gift helps make possible award-winning programs such as Morning Edition, All Things Considered, The Diane Rehm Show, The