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saujanacom wrote:Waynelysha wrote:Dear GPS brothers,
I don't need spoonfeeding, I just need a point in the right direction. So if any of seniors like bro Antyong, for instance, where do I start if I want to be able to edit the road in front of my house, the gate and lanes in my compound for starters, then mesh it with the Garmin map before generating my own img file.
Then maybe it'll be nice to know how to encode into the maps the traffic lights/petrol stations etc.
So, what books should I get? What websites should I visit? Anybody I should meet?
bro Waynelysha,
Only mappers are able to edit the map, the other members only share and contribute the POIs by giving information like POI name, it coordinates and it categories. For adding road in the map, we just record the road by tracking it using our GPS devices like Garmin or PAPAGO and send the tracklogs to this forum. The MFM mappers like sunn and OngCC will draw them and add into the map. We the contributors only wait for the next release to download the updated map to see and check whether our POIs and road are added and give feedback if any.
But if you need to add your own POIs into only your own map, you can use POI Loader software. We call them 'Custom POI'. You can search the custom poi topics HERE
Waynelysha, you r right, mapsource only for added customized tracklog to your garmin map..
& backup/restore your track to your nuvi device, not map editor.
actually, You can create your own map using MAPEDIT from Geopainting..
download here: http://www.geopainting.com/en/
but, Bro Antyong was retired so you can create by your own & self learn.
& create your self source map for garmin device,
compiled mapedit files to garmin img using cGPSmapper by Stan.. http://cgpsmapper.com/
for Papago map, only authorized person/our sifu have compiler to make it to papago map format.
so, maybe you can send your mp mapedit files to our sifu to compile it to papago format for customized overseas map


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My wife bought a GoPro Hero3 for some simple home video: kids, holidays, etc.
The problem is that some videos are not playing very well on our old PCs. We want to buy a new one for video editing. As far as I understood, such a computer should have as strong of a CPU as possible and plenty of RAM. It seems that the video card also has some role, but it's not as important as CPU/RAM in general. Is this assumption correct?

subset: commoncrawl


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Create a Website Account - Manage notification subscriptions, save form progress and more.
In 2015, the City Council, Mayor Ross and city leadership met for a Strategic Planning Session to develop a vision and identify long-term goals and strategies that can be implemented over the next several years.
During this session, the Mayor, Council and city leadership used the City's Comprehensive Plan and previous input from resident visioning sessions to create 7 goals and strategies our City will use to enhance the quality of life for citizens.
Maintain high level of public safety for citizens as safe neighborhoods are the cornerstone of a quality community.


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People sometimes ask me where my early and often unofficial peeks at upcoming Microsoft products come from. More often than not, it's a Microsoft employee, or someone close to the company, who reaches out to me and not vice versa. And the information I get is sometimes voluminous. It happened with Windows Millennium Edition (Me), where, contrary to the claims of the then-beta coordinator, I had the same daily access to the product's schedule, bug-count, and progress as she did. It happened with Windows XP, when a high-placed source within the company regularly channeled insider information in my direction. And it happened again with Longhorn, where more than once I was provided with a mother lode of inside documentation in bulk quantities.
Scattered amongst that Longhorn documentation were frequent mentions of an ancillary product, codenamed "Quattro", which appeared to be a server solution that would work with the home-oriented flavors of what became Windows Vista. The codename changed later to just "Q," and in my own passive-aggressive way, I publicly mentioned these codenames a few times, hoping I'd hear from someone at Microsoft. I did, and while they confirmed that this product existed, they also told me it had changed somewhat and asked if I'd like an early preview. So in December 2006, I headed out to the company's Redmond campus for a peek.
Microsoft subsequently announced the resulting product, Windows Home Server, at CES in January 2007. It was based on Windows Server 2003 but aimed at home users, and would satisfy a need that I was myself experiencing at the time: It would provide a secure and reliable way to store and share documents and digital media content, and provide a central location for PC backups. I couldn't wait, as I had been using a traditional Windows Server infrastructure to address these needs previously.
Today, the original Windows Home Server version has finally been replaced by Windows Home Server 2011, and is now based on Windows Server 2008 R2 with SP1. I use it daily, and rely on it--as I did previously with the original WHS version--for my own data storage and sharing needs. These articles span the development and release of the first version, however, which included the now-missed Drive Expander technology--providing data duplication and almost infinite storage expansion functionality--but suffered from an embarrassing (if little-experienced) data corruption bug, later fixed in a Power Pack update.
The original WHS was also marked by HP's excellent and now-lamented SmartServer line of home servers. With one rare exception (a weird, one-drive model aimed at the truly low-end part of the market), these devices were innovative and ahead of their time. It's too bad that HP has now abandoned this market.
Like many other little-used but high-quality Microsoft solutions--among them Windows Media Center and Zune--Windows Home Server will always have a special place in my personal stable of technology memories, because it has always worked so well and addressed a very real need. I'm still blown away that more people don't use this software. It's fantastic and it just works.
As with previous retrospectives, the newest articles are at the top.
Windows Home Server Power Pack 3 - December 16, 2009
Microsoft is adding Windows 7 integration to Windows Home Server.
HP MediaSmart Servers (Late 2009) - September 20, 2009
HP delivers the third-generation version of its industry-best Windows Home Server-based MediaSmart Servers.
Windows Home Server Power Pack 3 Preview - July 21, 2009
Microsoft is adding Windows 7 integration to Windows Home Server, including support for Windows 7 libraries, backup and recovery, Windows Search, and netbook and Windows Media Center enhancements.
Quick Take: HP MediaSmart Server LX195 - July 10, 2009
The HP MediaSmart Server LX195 is an attractive, compact, and nearly silent Windows Home Server solution with a great price, an amazing collection of useful add-ins, and the usual HP attention to detail. But I'm no fan of single-server WHS boxes, and this is ultimately the big issue I have with this particular model: Anyone using this really should get at least one more drive for data duplication purposes.
Windows Home Server Power Pack 2 - March 23, 2009
The second functional update to WHS has arrived, bringing some important updates, including remote access configuration changes, media sharing improvements, and additional language support.
Introducing the 2009 Windows Home Servers - January 8, 2009
New OEMs, new hardware designs, and a great update to an old favorite.
HP MediaSmart Server (2009) Review - January 7, 2009
The 2009 HP MediaSmart Server is the best Windows Home Server yet.
Windows Home Server Power Pack 1 Review - July 22, 2008
Discover the new features and functionality in Windows Home Server Power Pack 1, the newly released major update to Microsoft's home server solution.
Windows Home Server Power Pack 1 Server Backup Screenshots - July 22, 2008
One of the most widely-anticipated features in Windows Home Server Power Pack 1 is the new Server Backup functionality. Check it out in this new screenshot gallery.
Windows Home Server Power Pack 1 Install Screenshots - July 21, 2008
Check out the final version of Windows Home Server Power Pack 1 and the new PP1-based HP MediaSmart Server add-ons in this new screenshot gallery.
Windows Home Server Power Pack 1 Release Candidate Overview and Screens - June 13, 2008
Take a look at the new features in Windows Home Server Power Pack 1 in this overview and screenshot gallery of the near-final release candidate version.
HP MediaSmart Server Review - November 9, 2007
HP turns it up a notch with their new Windows Home Server entry, the MediaSmart Server. Check it out in my latest review.
HP MediaSmart Server Screenshot Gallery - November 5, 2007
See HP's improvements to the Windows Home Server experience in my MediaSmart Home Server screenshot gallery: My review will be up later this week.
HP MediaSmart Server Photo Gallery - November 5, 2007
Check out HP's innovative new MediaSmart Home Server in this new photo gallery: My review will be up later this week.
Windows Home Server Screenshot Gallery, Part 1: Server Install - October 3, 2007
Windows Home Server Screenshot Gallery, Part 2: Connector Install
Windows Home Server Screenshot Gallery, Part 3: Configuration
In anticipation of my Windows Home Server review, here is a set of three Windows Home Server screenshot galleries showing off the product's serverinstallation, client setup, and configuration
Windows Home Server Review - November 1, 2007
In my latest review, I take a look at Windows Home Server, Microsoft's integrated solution for PC backups, file and media sharing, and remote access.
Windows Home Server April CTP Screenshot Gallery, Part 2: Client Install & Configuration - April 18, 2007
Windows Home Server April CTP Screenshot Gallery, Part 1: Server Install
Windows Home Server Beta/CTP Preview - April 18, 2007
Today, Microsoft shipped a near-feature-complete version of Windows Home Server: Check out my overview of this new CTP.
Windows Home Server Beta 2 Screenshot Gallery, Part 2: Client Install & Configuration - March 21, 2007
Windows Home Server Beta 2 Screenshot Gallery, Part 1: Server Install
I've posted two Windows Home Server Beta 2 screenshot galleries, showing off server install and client install and configuration.
Windows Home Server Points Way to Next SBS - January 16, 2007
While Windows Small Business Server is well renowned for its simplistic UI advancements, Windows Home Server takes that to the next level, with two years of development aimed almost solely at ensuring that users are asked as few questions as possible in the clearest possible language. The big advancement I see here, however, is backup: Imagine a SBS product that provided WHS-like backup of every PC in your environment.
Windows Home Server Preview - January 7, 2007
Windows Home Server dispenses with the complexities of most Windows Server versions and provides the core storage, sharing, and remote access functionality that digital media and home networking enthusiasts require.


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Bobby Kimball (US)
Toto: Hold The Line, Rosanna, Africa, I'll Be Over You, Pamela, I Won't Hold You Back
Bobby Kimball is a singer whose career has been highlighted by million-selling and Grammy-winning triumphs, and tragic personal missteps followed by redemption. He was born in 1947 and grew up in Vinton, Louisiana. As early as age five he manifested an interest in music, and started singing. He later learned the piano and he listened to a lot of Dixieland jazz, which was undergoing a revival in the early and mid-'50s. His later influences were mostly from the world of R&B, especially Ray Charles and, later still, Aretha Franklin and Otis Redding. The British Invasion was a transforming experience for him: — the Beatles and, even more so, the Who, showed him another approach to R&B. He wasn't quite ready to commit to a music career, however, and was a medical student during the early '70s, working in his spare time with groups such as the Levee Band in New Orleans.
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Bobby Kimball bookings from Room 5 Agency HERE.
Kimball decided to try his luck closer to the center of the recording industry and moved to Los Angeles in 1974. Fate took a hand when he crossed paths with Floyd Sneed, Joe Schermie, and Mike Allsup, former members of Three Dog Night; the soul-based pop/rock septet had broken up after seven years of unprecedented success as a singles and touring act that carried them around the world. The ex-members believed there was still some life left not only in their sound, but their brand of music, but as none of them had been one of the singers largely responsible for the earlier group's success, it wasn't clear that they could pull it off. Kimball's voice proved to be a necessary piece of the puzzle, and the result was the SS Fools (a name derived from the title of one of Three Dog Night's albums), who recorded a superb album for Columbia Records, but broke up after their first tour. And although that band proved a dead end in terms of its own future, it was during his time with them that Kimball first met Jeff Porcaro and David Paich, two top session players in the Los Angeles area.
Some 18 months after the demise of the SS Fools, Kimball was approached by Paich and Porcaro to become the lead singer of their new group, Toto. He later revealed that they'd been turned down by Michael McDonald and Kenny Loggins, who were already too involved with going careers to sign on; fortunately, Kimball had no such encumbrances and took the gig. An R&B-based band made up of top session men — and somewhat similar, at least on paper, to an English outfit of the same period called Kokomo — Toto became immediate stars, first in Los Angeles and later nationally, culminating with their Grammy-winning fourth album, Toto IV (1982). The latter became one of the top-selling long-players (and, later, CDs) of the '80s, moving a career's worth of copies spurred by the song "Rosanna." Along the way, Kimball also showed his worth as a composer, with songs like "You Are the Flower" from the group's first album, and a pair of songs off Toto IV. But it was as a singer that his career soared. "Rosanna" had the vocals shared between Kimball and Steve Lukather, and David Paich also took some lead vocals on the album, as well; but "Make Believe," "Waiting for Your Love," and "We Made It" were great solo showcases for Kimball. And by that time, he was a ubiquitous presence as a session singer on the Los Angeles music scene.
Kimball remained with the band until 1984, mid-way through the Isolation album. By his own admission, he had developed a serious drug problem that had made it impossible for him to continue working with the band. He decided to regroup his life and career, going into therapy to help kick his habit and signing with producer Frank Farian, who was based in Germany. Kimball relocated to Germany and cleaned himself up, and set about re-establishing himself in Europe as a solo act. There were a few missteps and blind alleys along the way, but by the end of the '80s, Kimball was once again doing sessions as a singer. He also returned to Toto on two separate occasions (the first of which ended over a matter of record label interference). The advent of the 21st century proved kind to the singer as he pursued a solo career, and even the SS Fools began receiving some belated recognition from a new generation of listeners, including Three Dog Night fans who had missed them at the time, thanks to a Japanese CD reissue (as a mini-LP, no less). And he was fronting Toto once again, until their announced breakup in 2008. ~ Bruce Eder
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Bobby Kimball price and availability: Room 5 Agency. firstname.lastname@example.com
Tel office +34 635 900 502 (Telegram, also WhatsApp). No cancellations in 17 years.


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This article presents a very small scale blog engine using ASP.NET and SQLServer. The idea here is to understand how a rudimentary blog engine can be implemented with proper architecture.
I have been a C++ programmer for 5 years writing core applications mainly dealing with graphics, multimedia and networking domain. After that, I started writing Windows applications using C# and WPF. Recently, I started writing websites using ASP.NET/C#/SqlServer. On this recent project, I got a chance to learn a lot about web development. Here I am taking care of one particular service starting from its Data layer to its presentation layer. Although the architecture here is not following a strict n-tier approach, that didn't stop me from learning and implementing the n-tier architecture for web applications. When my wife asked me about how things work in ASP.NET (she is more of a web designer than a developer), I created this small blog engine to explain to her the basics of ASP.NET websites and n-tier architecture.
We have tried to follow a proper n-tier architecture. The bottom most layer is the Data layer which contains the tables and stored procedures of SqlServer. On top of that, we have a Data Access Layer (DAL). This Data access layer is created as a separate solution so that the changes in DAL only need the recompilation of DAL and not the complete website. Also the changes in other areas outside this solution will not demand for DAL recompilation. On top of DAL, we have our Business Logic Layer(BLL). It is also in a separate solution for the same reason, and the Presentation layer is a website containing ASP.NET pages running on top of BLL.
The first thing we need to do is to plan out the database schema that we will be using. Here is the snapshot of the database schema that I created.
Along with the schema, I also created few stored procedures for common operations on database. I like the idea of having stored procedures for all database operations as it is the most secure way of accessing the database (from the perspective of SQL injection). If you ask me, the best way to implement the DB operations is:
So the stored procedures that we have in this application are:
The data access layer talks to the database, retrieves the results and passes it to the business logic layer in the form of DataSets or DataTables. The DAL contains the following classes:
The respective classes in this DAL are responsible for talking to the respective database tables. The common functions are moved inside the class Functions.
The BLL takes care of manipulating the data as per the request from the user interface, have some additional checks and operations that need to be performed. The main classes in our BLL are:
The presentation layer contains the web forms that the user can access. The presentation layer is divided in two areas, one for the normal users to browse through the blog entries and the other for the administrator to add/change blog entries, categories and/or metadata. (Please see the source for detailed implementation.) I have not used the forms authentication or Windows authentication for this small website rather I am keeping track of users in my databases and authenticating and authorizing then programmatically. This was a design decision I made (perhaps not a good one) but more elegant solutions can be implemented too (since the main idea here was learning data access in n-tier apps, so I didn't).
The website runs in two modes:
The idea behind this exercise was to understand and implement n-tier data access architecture for beginners. But I am ready to take suggestions and add improvements so that this engine can further be improved.
This article, along with any associated source code and files, is licensed under The Code Project Open License (CPOL)
I Started my Programming career with C++. Later got a chance to develop Windows Form applications using C#. Currently using C#, ASP.NET & ASP.NET MVC to create Information Systems, e-commerce/e-governance Portals and Data driven websites.
My interests involves Programming, Website development and Learning/Teaching subjects related to Computer Science/Information Systems. IMO, C# is the best programming language and I love working with C# and other Microsoft Technologies.
If you like my articles, please visit my website for more: www.rahulrajatsingh.com[^]
Article of the Day
Emad Mokhtar wrote: It's a redundant work to build your DAL for every application, let ORM do this for you.
"Opinions are neither right nor wrong. I cannot change your opinion. I can, however, change what influences your opinion." - David CrowNever mind - my own stupidity is the source of every "problem" - Mixture
General News Suggestion Question Bug Answer Joke Praise Rant Admin
Use Ctrl+Left/Right to switch messages, Ctrl+Up/Down to switch threads, Ctrl+Shift+Left/Right to switch pages.


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Partners & Collaborators
Pacific Northwest National Laboratory frequently collaborates with universities, industry, and other government agencies on scientific research and technology development. The synergy that comes from melding minds and expertise from different institutions often sparks solutions to today's complex problems. In addition to working with others on a project-by-project basis, PNNL also forms official partnerships or alliances, or creates joint institutes, as follows:
- Institute for Global and Regional Security Studies
- Joint Global Change Research Institute
- Microproducts Breakthrough Institute
- Oregon Nanoscience and Microtechnologies Institute
- Oregon Universities Collaborative Research Agreement
- Solid-State Energy Conversion Alliance
- Technology Entrepreneurship Programs with University of Oregon, University of Washington, and Washington State University.


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Rory McIlroy to miss next week's BMW PGA Championship
VIRGINIA WATER, England -- Rory McIlroy will sit out the European Tour flagship event next week to make sure a recurring rib injury heals.
McIlroy withdrew Friday from the BMW PGA Championship at Wentworth, where he is a past champion.
The four-time major champion suffered a hairline fracture of his rib during the South African Open in January, causing him to miss four tournaments over seven weeks. He played four times in six weeks upon his return until taking a post-Masters break to get married.
McIlroy believes the injury surfaced again from long practice sessions leading to The Players Championship.
McIlroy says doctors have advised him to take a conservative approach to recovering so he will be fine for the U.S. Open and the rest of the majors this summer.
This article was written by The Associated Press and was legally licensed through the NewsCred publisher network. Please direct all licensing questions to firstname.lastname@example.com.


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While posting this questions I have tried to find an answer in other similar questions, but couldn't.
The question is: Is there a RSS feed that I can subscribe to, which has newest unanswered questions of my favorite tags only?
Or maybe instead of favorite tags, I could decide which "unanswered+tag+tag-tag" combination I want?
Thanks for any info.


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We're excited to have you on board and part of our growing gang of curious listeners.
The Sampler is a platform unlike any other, bringing together the latest and greatest activity from across the UK, including live events, performances, webinars, workshops, launches and lectures – all for people like you to discover.
If the new music community is making it, creating it, talking about it and listening to it, then it will live here on The Sampler.


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Home >
News & Policies >
January 2009
For Immediate Release
January 8, 2009
President Bush Discusses No Child Left Behind
General Philip Kearny School
Philadelphia, Pennsylvania
In Focus: The Bush Record
Fact Sheet: No Child Left Behind Has Raised Expectations and Improved Results
In Focus: Education
THE PRESIDENT: Thank you for the warm welcome. And Laura and I are thrilled to be here at Kearny School. We have come because this is one of the really fine schools in the city of Philadelphia. We bring greetings from the Nation's Capital, but more importantly, we bring appreciation for those who are working so hard to make sure that every child can learn.
You know, seven years ago today, I had the honor of signing a bill that forever changed America's school systems. It was called the No Child Left Behind Act. I firmly believe that thanks to this law, more students are learning, an achievement gap is closing. And on this anniversary, I have come to talk about why we need to keep the law strong. If you find a piece of legislation that is working, it is important to make sure the underpinnings of that law remain strong.
I do want to thank Laura for joining me. She has been an awesome wife and a great First Lady. (Applause.) Our journey together in Washington has been fantastic, and I thank her very much for her love.
I am proud to be here with Arlene Ackerman. Thank you for your introduction, Arlene, and thank you for being -- (applause.) Arlene is a reform-minded leader. And by that, I mean you have a Superintendent here who is willing to challenge the status quo if the status quo is unacceptable. Sometimes that's hard in public life. You see the status quo, and people are saying, oh, let's just leave it the way it is; it's too hard to change. And you have a Superintendent here that says, if we're finding failure we're going to change. And I want to thank you for taking on this important assignment.
I'm proud to be here with my buddy. I guess it's okay to call the Secretary of Education here "buddy." That means friend. And she has been our friend for a long time. She is a great Secretary of Education. And, Margaret, I want to thank you for being here. (Applause.)
I want to thank the senior Senator -- I guess it's okay to call you "senior" -- Arlen Specter. He is a good friend, and he cares a lot about the state of Pennsylvania and the education systems in the state. So thank you for coming, my friend. (Applause.)
Jerry Zahorchak is with us, the Pennsylvania Department of Education Secretary. Jerry, thank you for being here, and thank you for serving.
I want to thank all the state and local officials, particularly the state representative from this district has kindly come by to say hello and participate in a roundtable we just had.
Roy Romer, former governor of Colorado, and an education reformer, has just spoken. I want to thank Roy. He happens to be the chairman of Strong American Schools. It's got a nice ring to it, doesn't it? Strong American Schools. That means schools that actually teach people how to read, write, and add and subtract. At least that's my definition of strong American schools.
I want to thank very much the Reverend Al Sharpton. Now, some of you are probably about to fall out of your chair -- (laughter) -- when you know that Al and I have found common ground. And by the way, it's on an important issue. See, he cares just as much as I care about making sure every child learns to read, write, and add and subtract. And I want to thank you for your leadership on this issue, and I appreciate you -- (applause.)
I want to thank the teachers who work here. I particularly want to thank Principal Spagnola for her leadership. (Applause.) And the thing about educators -- first of all, every good school has got a principal who is a good principal. That's generally the key ingredient to success, somebody who can set high standards and motivate. And this principal can do just that.
And for the teachers, thank you for taking on a noble profession. Laura and I are proud to report that one of our daughters is a teacher, and it makes us feel just incredibly great to know that we've raised a child who is willing to take on an important task of teaching a child to be able to have the skills necessary to succeed in life.
There are a lot of reformers here, and I welcome the reformers. These are people from society who say, I want to help the school system succeed. When I got off Air Force One today, I met Adam Bruckner. I mentioned to some kids, have you ever heard of Adam Bruckner? And they said, "You're talking about Mr. Adam." I said, that's who I'm talking about. He is volunteer. He's a mentor. He happens to be a professional soccer coach, which means he knows how to play soccer, and he is willing to lend his skills, and more importantly, his heart, to teach a child the beauty of being a sports person, and the lessons of life that come from good competition.
And so I want to thank you very much, Adam, for being here, and representing all the folks who volunteer at this program. (Applause.)
At the end of the presidency, you get to do a lot of "lasts." I don't know if you saw on TV, but I pardoned my last Thanksgiving turkey. (Laughter.) This is my last policy speech. As President of the United States, this is the last policy address I will give. What makes it interesting is that it's the same subject of my first policy address as President of the United States, which is education and education reform.
I hope you can tell that education is dear to my heart. I care a lot about whether or not our children can learn to read, write, and add and subtract. When I was a governor of Texas, I didn't like it one bit when I'd go to schools in my state and realize that children were not learning so they could realize their God-given potential. I didn't like it because I knew the future of our society depended upon a good, sound education.
I was sharing this story with people that Laura and I just met with, and at the time I went to a high school in my state, one of our big city high schools. And I said, thanks for teaching -- I met this teacher. I think his name is Brown, if I'm not mistaken.
SECRETARY SPELLINGS: Nelson Brown.
THE PRESIDENT: Nelson Brown. And he taught geography and history, if I'm not mistaken. I said, "How is it going, Mr. Brown?" He said, "It's going lousy." I said, "Why?" He said, "Because my kids cannot read and they're in high school." You see, the system was just satisfied with just shuffling kids through -- if you're 14 you're supposed to be here, if you're 16 you're supposed to be there. Rarely was the question asked: Can you read? Or can you write? Or can you add and can you subtract?
And so we decided to do something about it. We said such a system is unacceptable to the future of our state. And that's the spirit we brought to Washington, D.C. It's unacceptable to our country that vulnerable children slip through the cracks. And by the way, guess who generally those children are? They happen to be inner-city kids, or children whose parents don't speak English as a first language. They're the easiest children to forget about.
We saw a culture of low expectations. You know what happens when you have low expectations? You get lousy results. And when you get lousy results, you have people who say, there's no future for me in this country.
And so we decided to do something about it. We accepted the responsibility of the office to which I had been elected. It starts with this concept: Every child can learn. We believe that it is important to have a high quality education if one is going to succeed in the 21st century. It's no longer acceptable to be cranking people out of the school system and saying, okay, just go -- you know, you can make a living just through manual labor alone. That's going to happen for some, but it's not the future of America, if we want to be a competitive nation as we head into the 21st century.
We believe that every child has dignity and worth. But it wasn't just me who believed that. Fortunately, when we got to Washington, a lot of other people believed it -- Democrats and Republicans. I know there's a lot of talk about how Washington is divided, and it has been at times -- at times. And it can get awfully ugly in Washington. But, nevertheless, if you look at the history over the past eight years, there have been moments where we have come together. And the No Child Left Behind Act is one such moment.
It gives me a chance now to thank Senator Kennedy of Massachusetts, Senator Gregg of New Hampshire, Congressman Miller of California, Congressman Boehner of Ohio -- Republicans and Democrats who worked together to get this piece of legislation passed. I believe that in signing that bill we enacted the most sweeping education reforms in a long, long time.
The philosophy behind the law is pretty straightforward: Local schools remain under local control. In exchange for federal dollars, however, we expect results. We're spending money on schools, and shouldn't we determine whether or not the money we're spending is yielding the results society expects?
So states set standards. One reason this school makes sense is because you have a principal who sets high standards, keeps that bar high. And we hold schools accountable for meeting the standards. There -- we set an historic goal, and that is to -- every child should learn to read and do math at grade level by 2014.
The key to measuring is to test. And by the way, I've heard every excuse in the book why we should not test -- oh, there's too many tests; you teach the test; testing is intrusive; testing is not the role of government. How can you possibly determine whether a child can read at grade level if you don't test? And for those who claim we're teaching the test, uh-uh. We're teaching a child to read so he or she can pass the test.
Testing is important to solve problems. You can't solve them unless you diagnose the problem in the first place. Testing is important to make sure children don't slip too far behind. The facts are, if you get too far behind in reading, for example, it's nearly impossible to catch up. That's why it's important to test early.
Measuring results allows us to focus resources on children who need extra help. And measuring gives parents something to compare other schools with. You oftentimes hear, oh, gosh, I wish parents were more involved. Well, one way to get parental involvement is to post results. Nothing will get a parent's attention more than if he or she sees that the school her child goes to isn't performing as well as the school around the corner.
Measurement is essential to success. When schools fall short of standards year after year, something has to happen. In other words, there has to be a consequence in order for there to be effective reforms. And one such thing that can happen is parents can enroll their children in another school. It's -- to me, measurement is the gateway to true reform, and measurement is the best way to ensure parental involvement.
By the way, school choice was only open to rich people up until No Child Left Behind. It's hard for a lot of parents to be able to afford to go to any other kind of school but their neighborhood school. Now, under this system, if your public school is failing, you'll have the option of transferring to another public school or charter school. And it's -- I view that as liberation. I view that as empowerment.
There's been a lot of debates about the requirements of No Child Left Behind. No question a piece of legislation like this encourages debate -- and that's fine. That's part of the democratic process. But there is no debate about the results -- the first time all 50 states and the District of Columbia have accountability plans in place. The data is being disaggregated. That means that we -- instead of just lumping all children together and say, oh, isn't everything beautiful, we actually break each child out to determine whether or not he or she is getting the kind of education parents and society expects. And that's an important reform.
Instead of looking the other way when students are falling behind, policymakers at all levels are now beginning to be focused on how to close the achievement gap. Achievement gap is -- it means this: White students are reading here, and African American students are reading here, and Latino students are reading down here. And that is unacceptable for the United States of America.
In the classroom, students are learning from highly qualified teachers. In other words, that's part of the reforms of encouraged -- the focus on highly qualified teachers. Schools have adopted research-proven strategies for reading instruction. There's a lot of debate, if you follow the public education debates closely, there's a lot of debate about what's the best kind of reading program as to how to best teach a child to read. Well, when you measure, it helps you determine which system works the best. The principal was describing to us, we're always adjusting and looking to make sure our education fits each individual child. In other words, she's constantly analyzing her instruction strategies, and a measurement system allows you to do so.
There's a new Teacher Incentive Fund in place, as a result of No Child Left Behind reforms, and a city like Philadelphia are rewarding educators for taking jobs in this city's toughest classrooms, and those who are achieving results. In other words, there's an incentive to make sure good teachers get in the classrooms all throughout the city. And by the way, this is happening all across our country.
You know, I mentioned disclosure. More and more districts are producing annual report cards, and that's really important. And I did mention to you what they call supplemental services. Under the No Child Left Behind Act, when you find a disadvantaged child falling behind where he or she should be, there's extra money for tutoring. And across the country there's now about a half a million students benefitting from the tutoring that comes from No Child Left Behind. It makes sense, doesn't it? It says we're going to measure, and if we determine you need extra help, here's some money to help you -- so that you don't fall behind, so that you catch up.
The number of charter schools, by the way, has more than doubled over the past seven years. Charter schools provide good outlets. And I met the head of the -- president of the Charter School Association here in Philadelphia. He said 10 years ago there were four, and today there are -- yes, a lot. (Laughter.) When you get over 60, it's hard to hear. (Laughter.)
The most important result of the No Child Left Behind is this: Fewer students are falling behind; more students are achieving high standards. We have what's called the Nation's Report Card. For those who wonder whether or not we should strengthen No Child Left Behind, I want you to hear this: 4th graders earned the highest reading and math scores in the history of the test. Minority and disadvantaged students made some of the largest gains, with African Americans and Hispanics posting all-time highs in several categories. (Applause.)
No Child Left Behind is working for all kinds of students in all kinds of schools in every part of the country. That is a fact. There's still a long way to go, however. Secretary Spellings has worked hard to give schools tools and flexibility. She issued new regulations that will reward schools for progress students make from year to year. She helps to provide programs that provide a clear graduation rate. And one of the problems we've had, of course, is getting enough information out in a timely fashion to empower parents to be able to make wise decisions about the future of their children. And she has worked steadily to make sure that information gets to parents in a timely fashion.
Obviously, a piece of legislation like this takes compromise. But there is no compromise to the basic premise of No Child Left Behind, and that is we need to measure on a clear set of goals. We need a few goals that have got maximum impact. And we need to know whether or not those goals are being met. People say, can you possibly meet the goal you set? And the answer is absolutely we can meet the goals that we've set. And not only is it absolutely -- confident we can meet it, I know it is necessary that we do meet those goals.
Laura and I have been privileged to travel to schools over the past eight years such as this. And you'd be amazed at what we get to see. We get to see hardworking, decent citizens who dedicate their lives to making sure no child is left behind. And we have seen innovators who are willing to try different approaches to achieve the same result. So we went to Harlem to see a school district there. They attend school for 10 hours a day. So the educators, taking advantage of local control, said, what is required to make sure that we meet high standards? In this case, the educators said, well, we need to have school 10 hours a day. The teachers give parents their cell phone numbers, so that they can be called any time. And as the teachers told us, they do get called any time -- (laughter) -- to help solve problems. I was just thankful that there weren't cell phones when I was going to elementary school. (Laughter.)
I have seen the resolve for reform and the belief in high standards in Chicago, where reading and math scores are soaring, and where every child still has time to study a foreign language and the fine arts. The school in Chicago we went to, like other schools across the city, have benefitted from the vision and leadership of a person named Arne Duncan. And he is going to be the next Secretary of Education. And we are fortunate he has agreed to take on this position. And we wish him all the very best. (Applause.)
Laura and I will never forget the resolve that we saw in New Orleans after Katrina, and the determination by principals and teachers to get their schools up and running -- and they did. And by the way, they have placed innovation at the center of a rebuilding school system. They believe in high standards and accountability to make sure that out of the rubble of Katrina comes a world-class education system.
And we've seen the resolve here at Kearny. That's why we're here. Every year -- we met a mom, who told us her twins now come to this school. You know, it's interesting what happens when you post scores. Nobody cares more about a child's education, obviously, than the first teacher a child has, which is a parent. And this notion about how parents really don't seem to care -- they care, believe me. And when there's transparency in the system it helps them make informed choices. And so the mom was saying her twins come here. She also said, by the way, they weren't really reading up to snuff initially, and yet they got extra help. And now, guess what. They're reading up to snuff. Kearny School works.
They commute for miles. Some of the families commute for miles because they understand it's a place of excellence. This is a school where a lot of community and faith-based groups come to help. And that is really, really great of you to do that. And by the way, it happens in other schools, too. And if you're interested in how you can serve America, why don't you volunteer in your local school? If you want to be a member of the army of compassion in America, help your schools. Help your schools help each child realize their God-given potential.
I believe that it is going to be important for our citizens to take a hard look at No Child Left Behind, and listen to the facts of No Child Left Behind, and then say with clear voice, for the sake of our children's future, this good law needs to be strengthened and reauthorized by the United States Congress. (Applause.)
There is a growing consensus across the country that now is not the time to water down standards or to roll back accountability. There is a growing consensus that includes leaders of the business communities across America who see an increasingly global economy and, therefore, believe in standards and accountability. There's a growing consensus amongst leaders of civil rights organizations -- like La Raza, and the Urban League, and the Education Equality Project. These leaders refuse to accept what I have called the soft bigotry of low expectations. There's a growing consensus -- includes a lot of parents, and superintendents, and mayors, and governors who insist that we put our children first.
And so I've come to herald the success of a good piece of legislation. I have come to talk to our citizens about the results that this reform has yielded. And I call upon those who can determine the fate of No Child Left Behind in the future to stay strong in the face of criticism, to not weaken the law -- because in weakening the law, you weaken the chance for a child to succeed in America -- but to strengthen the law for the sake of every child.
Thank you for letting us come by for the last policy address that we have been honored to make. God bless you. (Applause.)


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The Illinois Bar Association and others brought this action to enjoin petitioner Union from the unauthorized practice of law. The Union employs a licensed lawyer, solely compensated by an annual salary, to represent members and their dependents in connection with their claims under the Illinois Workmen's Compensation Act. The trial court found that the Union's employment of the attorney constituted unauthorized practice of law and enjoined the Union from "[e]mploying attorneys on salary or retainer basis to represent its members with respect to Workmen's Compensation [or other statutory] claims." The Illinois Supreme Court affirmed, rejecting petitioner's contentions that the decree violated the First and Fourteenth Amendments. Held: The trial court's decree preventing petitioner from hiring attorneys on a salary basis to assist its members in asserting their legal rights violates the freedom of speech, assembly, and petition provisions of the First Amendment as incorporated by the Fourteenth Amendment. Pp. 221-225.
Harrison Combs argued the cause for petitioner. With him on the briefs were Edmund Burke, Edward L. Carey, Willard P. Owens and M. E. Boiarsky.
Bernard H. Bertrand argued the cause and filed a brief for respondents. [389 U.S. 217, 218]
Briefs of amici curiae, urging reversal, were filed by Jack Greenberg, James M. Nabrit III, Melvyn Zarr and Jay H. Topkis for the NAACP Legal Defense and Educational Fund et al., and by Victor Rabinowitz and Allan Brotsky for the National Lawyers Guild.
Joseph A. Ball, John J. Goldberg and Samuel O. Pruitt, Jr., filed a brief for the State Bar of California, as amicus curiae, urging affirmance.
MR. JUSTICE BLACK delivered the opinion of the Court.
The Illinois State Bar Association and others filed this complaint to enjoin the United Mine Workers of America, District 12, from engaging in certain practices alleged to constitute the unauthorized practice of law. The essence of the complaint was that the Union had employed a licensed attorney on a salary basis to represent any of its members who wished his services to prosecute workmen's compensation claims before the Illinois Industrial Commission. The trial court found from facts that were not in dispute that employment of an attorney by the association for this purpose did constitute unauthorized practice and permanently enjoined the Union from "[e]mploying attorneys on salary or retainer basis to represent its members with respect to Workmen's Compensation claims and any and all other claims which they may have under the statutes and laws of Illinois." 1 The [389 U.S. 217, 219] Illinois Supreme Court rejected the Mine Workers' contention that this decree abridged their freedom of speech, petition, and assembly under the First and Fourteenth Amendments and affirmed. We granted certiorari, 386 U.S. 941 (1967), to consider whether this holding conflicts with our decisions in Railroad Trainmen v. Virginia Bar, 377 U.S. 1 (1964), and NAACP v. Button, 371 U.S. 415 (1963).
As in the Trainmen case, we deal here with a program that has been in successful operation for the Union members for decades. Shortly after enactment of the Illinois Workmen's Compensation Statute 2 in 1911, the Mine Workers realized that some form of mutual protection was necessary to enable them to enjoy in practice the many benefits that the statute promised in theory. At the Union's 1913 convention the secretary-treasurer reported that abuses had already developed: "the interests of the members were being juggled and even when not, they were required to pay forty or fifty per cent of the amounts recovered in damage suits, for attorney fees." In response to this situation the convention instructed the Union's incoming executive board to establish the "legal department" which is now attacked for engaging in the unauthorized practice of law.
The undisputed facts concerning the operation of the Union's legal department are these. The Union employs one attorney on a salary basis to represent members and their dependents in connection with claims for personal injury and death under the Illinois Workmen's Compensation Act. The terms of the attorney's employment, as outlined in a letter from the acting president of the Union to the present attorney, include the following [389 U.S. 217, 220] specific provision: "You will receive no further instructions or directions and have no interference from the District, nor from any officer, and your obligations and relations will be to and with only the several persons you represent." The record shows no departure from this agreement. The Union provides injured members with forms entitled "Report to Attorney on Accidents" and advises them to fill out these forms and send them to the Union's legal department. There is no language on the form which specifically requests the attorney to file with the Industrial Commission an application for adjustment of claim on behalf of the injured member, but when one of these forms is received, the attorney presumes that it does constitute such a request. The members may employ other counsel if they desire, and in fact the Union attorney frequently suggests to members that they can do so. In that event the attorney is under instructions to turn the member's file over to the new lawyer immediately.
The applications for adjustment of claim are prepared by secretaries in the Union offices, and are then forwarded by the secretaries to the Industrial Commission. 3 After the claim is sent to the Commission, the attorney prepares his case from the file, usually without discussing the claim with the member involved. The attorney determines what he believes the claim to be worth, presents his views to the attorney for the respondent coal company during prehearing negotiations, and attempts to reach a settlement. If an agreement between opposing counsel is reached, the Union attorney will notify the injured member, who then decides, in light [389 U.S. 217, 221] of his attorney's advice, whether or not to accept the offer. If no settlement is reached, a hearing is held before the Industrial Commission, and unless the attorney has had occasion to discuss a settlement proposal with the member, this hearing will normally be the first time the attorney and his client come into personal contact with each other. It is understood by the Union membership, however, that the attorney is available for conferences on certain days at particular locations. The full amount of any settlement or award is paid directly to the injured member. The attorney receives no part of it, his entire compensation being his annual salary paid by the Union.
The Illinois Supreme Court rejected petitioner's contention that its members had a right, protected by the First and Fourteenth Amendments, to join together and assist one another in the assertion of their legal rights by collectively hiring an attorney to handle their claims. That court held that our decision in Railroad Trainmen v. Virginia Bar, supra, protected plans under which workers were advised to consult specific attorneys, but did not extend to protect plans involving an explicit hiring of such attorneys by the union. The Illinois court recognized that in NAACP v. Button, supra, we also held protected a plan under which the attorneys recommended to members were actually paid by the association, but the Illinois court viewed the Button case as concerned chiefly with litigation that can be characterized as a form of political expression. We do not think our decisions in Trainmen and Button can be so narrowly limited. We hold that the freedom of speech, assembly, and petition guaranteed by the First and Fourteenth 4 Amendments gives petitioner the right to [389 U.S. 217, 222] hire attorneys on a salary basis to assist its members in the assertion of their legal rights.
We start with the premise that the rights to assemble peaceably and to petition for a redress of grievances are among the most precious of the liberties safeguarded by the Bill of Rights. These rights, moreover, are intimately connected, both in origin and in purpose, with the other First Amendment rights of free speech and free press. "All these, though not identical, are inseparable." Thomas v. Collins, 323 U.S. 516, 530 (1945). See De Jonge v. Oregon, 299 U.S. 353, 364 (1937). The First Amendment would, however, be a hollow promise if it left government free to destroy or erode its guarantees by indirect restraints so long as no law is passed that prohibits free speech, press, petition, or assembly as such. We have therefore repeatedly held that laws which actually affect the exercise of these vital rights cannot be sustained merely because they were enacted for the purpose of dealing with some evil within the State's legislative competence, or even because the laws do in fact provide a helpful means of dealing with such an evil. Schneider v. State, 308 U.S. 147 (1939); Cantwell v. Connecticut, 310 U.S. 296 (1940).
The foregoing were the principles we invoked when we dealt in the Button and Trainmen cases with the right of an association to provide legal services for its members. That the States have broad power to regulate the practice of law is, of course, beyond question. See Trainmen, supra, at 6. But it is equally apparent that broad rules framed to protect the public and to preserve respect for the administration of justice can in their actual operation significantly impair the value of associational freedoms. Thus in Button, supra, we dealt with a plan under which the NAACP not only advised prospective [389 U.S. 217, 223] litigants to seek the assistance of particular attorneys but in many instances actually paid the attorneys itself. We held the dangers of baseless litigation and conflicting interests between the association and individual litigants far too speculative to justify the broad remedy invoked by the State, a remedy that would have seriously crippled the efforts of the NAACP to vindicate the rights of its members in court. Likewise in the Trainmen case there was a theoretical possibility that the union's interests would diverge from that of the individual litigant members, and there was a further possibility that if this divergence ever occurred, the union's power to cut off the attorney's referral business could induce the attorney to sacrifice the interests of his client. Again we ruled that this very distant possibility of harm could not justify a complete prohibition of the Trainmen's efforts to aid one another in assuring that each injured member would be justly compensated for his injuries.
We think that both the Button and Trainmen cases are controlling here. The litigation in question is, of course, not bound up with political matters of acute social moment, as in Button, but the First Amendment does not protect speech and assembly only to the extent it can be characterized as political. "Great secular causes, with small ones, are guarded. The grievances for redress of which the right of petition was insured, and with it the right of assembly, are not solely religious or political ones. And the rights of free speech and a free press are not confined to any field of human interest." Thomas v. Collins, supra, at 531. And of course in Trainmen, where the litigation in question was, as here, solely designed to compensate the victims of industrial accidents, we rejected the contention made in dissent, see 377 U.S., at 10 (Clark, J.), that the principles announced in Button were applicable only to litigation for political purposes. See 377 U.S., at 8 . [389 U.S. 217, 224]
Nor can the case at bar be distinguished from the Trainmen case in any persuasive way. 5 Here, to be sure, the attorney is actually paid by the Union, not merely the beneficiary of its recommendations. But in both situations the attorney's economic welfare is dependent to a considerable extent on the good will of the union, and if the temptation to sacrifice the client's best interests is stronger in the present situation, it is stronger to a virtually imperceptible degree. In both cases, there was absolutely no indication that the theoretically imaginable divergence between the interests of union and member ever actually arose in the context of a particular lawsuit; indeed in the present case the Illinois Supreme Court itself described the possibility of conflicting interests as, at most, "conceivabl[e]."
It has been suggested that the Union could achieve its goals by referring members to a specific lawyer or lawyers and then reimbursing the members out of a common fund for legal fees paid. Although a committee of the American Bar Association, in an informal opinion, may have approved such an arrangement, 6 we think the [389 U.S. 217, 225] view of the Illinois Supreme Court is more relevant on this point. In the present case itself the Illinois court stressed that where a union recommends attorneys to its members, "any `financial connection of any kind'" between the union and such attorneys is illegal. 7 It cannot seriously be argued, therefore, that this alternative arrangement would be held proper under the laws of Illinois.
The decree at issue here thus substantially impairs the associational rights of the Mine Workers and is not needed to protect the State's interest in high standards of legal ethics. In the many years the program has been in operation, there has come to light, so far as we are aware, not one single instance of abuse, of harm to clients, of any actual disadvantage to the public or to the profession, resulting from the mere fact of the financial connection between the Union and the attorney who represents its members. Since the operative portion of the decree prohibits any financial connection between the attorney and the Union, the decree cannot stand; and to the extent any other part of the decree forbids this arrangement it too must fall.
The judgment and decree are vacated and the case is remanded for proceedings not inconsistent with this opinion.
[ Footnote 2 ] Ill. Rev. Stat., c. 48, 138.1 et seq. (1963).
[ Footnote 3 ] The Union's present attorney, who was the only witness on this matter, testified that the application to be filed with the Industrial Commission was dictated by him to the secretaries, who prepared this form under his direction. R. 18, 40. See also R. 58 (Union's answers to interrogatories).
[ Footnote 4 ] The freedoms protected against federal encroachment by the First Amendment are entitled under the Fourteenth Amendment to the same protection from infringement by the States. See, e. g., [389 U.S. 217, 222] New York Times Co. v. Sullivan, 376 U.S. 254, 276 -277 (1964), and cases there cited.
[ Footnote 5 ] It is irrelevant that the litigation in Trainmen involved statutory rights created by Congress, while the litigation in the present case involved state-created rights. Our holding in Trainmen was based not on State interference with a federal program in violation of the Supremacy Clause but rather on petitioner's freedom of speech, petition, and assembly under the First and Fourteenth Amendments, and this freedom is, of course, as extensive with respect to assembly and discussion related to matters of local as to matters of federal concern.
[ Footnote 6 ] American Bar Association, Standing Committee on Professional Ethics, Informal Opinion No. 469 (December 26, 1961). The ABA committee did not in fact consider the problem presented where the union not only pays the fee but also recommends the specific attorney, and it strongly implied that it would reach a different result in such a situation: "there is nothing unethical in the situations which you describe so long as the participation of the employer, association or union is confined to payment of or reimbursement for legal expenses only."
[ Footnote 7 ] 35 Ill. 2d 112, 118, 219 N. E. 2d 503, 506 (1966), quoting In re Brotherhood of R. R. Trainmen, 13 Ill. 2d 391, 150 N. E. 2d 163 (1958).
MR. JUSTICE HARLAN, dissenting.
This decision cuts deeply into one of the most traditional of state concerns, the maintenance of high [389 U.S. 217, 226] standards within the state legal profession. I find myself unable to subscribe to it.
The Canons of Professional Ethics of the Illinois State Bar Association forbid the unauthorized practice of law by any lay agency. 1 The Illinois Supreme Court, acting in light of these canons and in exercise of its common-law power of supervision over the Bar, 2 prohibited the United Mine Workers of America, District 12, from employing a salaried lawyer to represent its members in workmen's compensation actions before the Illinois Industrial Commission. I do not believe that this regulation of the legal profession infringes upon the rights of speech, petition, or assembly of the Union's members, assured by the Fourteenth Amendment.
My brethren are apparently in accord. The majority begins by noting that this activity of the Union is related to expression and therefore is of a type which may be sheltered from state regulation by the Constitution. But the majority's inquiry does not stop there; it goes on to examine the state concerns and concludes that the decree "is not needed to protect the State's interest in high standards of legal ethics." See ante, at 225. 3 I agree, of course, with this "balancing" approach. See, e. g., NAACP v. Button, supra, at 452-455 (dissenting opinion); Konigsberg v. California Bar, 366 U.S. 36, 49 -51; Talley v. California, 362 U.S. 60, 66 (concurring opinion). Indeed, I cannot conceive of any other sound method of attacking this type of problem. For if an "absolute" approach were adopted, as some members of this Court have from time to time insisted should be so with "First Amendment" cases, 4 and the state interest in regulation given no weight, there would be no apparent [389 U.S. 217, 228] reason why, for example, a group might not employ a layman to represent its members in court or before an agency because it felt that his low fee made up for his deficiencies in legal knowledge. Cf. Hackin v. Arizona, ante, p. 143 (DOUGLAS, J., dissenting).
The Illinois Supreme Court in this case repeated its statement in a prior case that a union may properly make known to its members the names of attorneys it deems capable of handling particular types of claims. 6 [389 U.S. 217, 229] Such union notification would serve to assure union members of access to competent lawyers.
As regards the protection of union members against the charging of unreasonable fees, a fully efficient safeguard would seem to be found in the Illinois Workmen's Compensation Act itself. An amendment to the Act in 1915, shortly after its initial passage, 7 provided that the Industrial Commission
The final interest sought to be promoted by the present plan is in the collective payment of legal fees. That objective could presumably be realized by imposing assessments on union members for the establishment of a fund out of which injured members would be reimbursed for their legal expenses. 10 There is no reason to believe that this arrangement would be improper under Illinois law, since the union's obligation would run only to the [389 U.S. 217, 230] member and there would be no financial connection between union and attorney.
The regulatory interest of the State in this instance is found in the potential for abuse inherent in the union plan. The plan operates as follows. The Union employs a licensed lawyer on a salary basis 11 to represent members and their dependents in connection with their claims under the Workmen's Compensation Act. Members are told that they may employ other attorneys if they wish. The attorney is selected by the Executive Board of District 12, and the terms of employment specify that the attorney's sole obligation is to the person represented and that there will be no interference by the Union. Injured union members are furnished by the Union with a form which advises them to send the form to the Union's legal department. Upon receipt of the form, the attorney assumes it to constitute a request that he file on behalf of the injured member a claim with the Industrial Commission, though no such explicit request is contained in the form. The application for compensation is prepared by secretaries in the union offices, and when complete it is sent directly to the Industrial Commission. In most instances, the attorney has neither seen nor talked with the union member at this stage, though the attorney is available for consultation at specified times. After the filing of the claim and prior to the hearing before the Commission, the attorney prepares for its presentation by resorting to his file and to the application, usually without conferring with the injured member. Ordinarily the member and this attorney first meet at the time of the hearing before the Commission. [389 U.S. 217, 231]
The attorney determines what he thinks the claim to be worth and attempts to settle with the employer's attorney during prehearing negotiations. If agreement is reached, the attorney recommends to the injured member that he accept the result. If no settlement occurs, a hearing on the merits is held before the Industrial Commission. The full amount of the settlement or award is paid to the injured member. The attorney retains for himself no part of the amount received, his sole compensation being his annual salary paid by the Union.
This union plan contains features which, in my opinion, Illinois may reasonably consider to present the danger of lowering the quality of representation furnished by the attorney to union members in the handling of their claims. The union lawyer has little contact with his client. He processes the applications of injured members on a mass basis. Evidently, he negotiates with the employer's counsel about many claims at the same time. The State was entitled to conclude that, removed from ready contact with his client, insulated from interference by his actual employer, paid a salary independent of the results achieved, faced with a heavy caseload, 12 and very possibly with other activities competing for his time, 13 the attorney will be tempted to place undue emphasis upon quick disposition of each case. Conceivably, the desire to process forms rapidly might influence the lawyer not to check with his client regarding ambiguities or omissions in the form, or to miss facts and circumstances which face-to-face consultation with his client would [389 U.S. 217, 232] have brought to light. He might be led, so the State might consider, to compromise cases for reasons unrelated to their own intrinsic merits, such as the need to "get on" with negotiations or a promise by the employer's attorney of concessions relating to other cases. The desire for quick disposition also might cause the attorney to forgo appeals in some cases in which the amount awarded seemed unusually low. 14
The majority dismisses the State's interest in regulation by pointing out that there have been no proven instances of abuse or actual disadvantage to union members resulting from the operation of the union plan. See ante, at 225. But the proper question is not whether [389 U.S. 217, 233] this particular plan has in fact caused any harm. 16 It is, instead, settled that in the absence of any dominant opposing interest a State may enforce prophylactic measures reasonably calculated to ward off foreseeable abuses, and that the fact that a specific activity has not yet produced any undesirable consequences will not exempt it from regulation. See, e. g., Hoopeston Canning Co. v. Cullen, 318 U.S. 313, 321 -322; Daniel v. Family Sec. Life Ins. Co., 336 U.S. 220, 222 -225.
It is also irrelevant whether we would proscribe the union plan were we sitting as state judges or state legislators. The sole issue before us is whether the Illinois Supreme Court is forbidden to do so because the plan unduly impinges upon rights guaranteed to the Union's members by the Fourteenth Amendment. Since the finding that the union plan presents dangers to the public and legal profession is not an arbitrary one, and since the limitation upon union members is so slight, in view of the permissible alternatives still open to them, I would hold that there has been no denial of constitutional rights occasioned by Illinois' prohibition of the plan.
I would affirm.
[ Footnote 1 ] Canons 35, 47, Canons of Ethics of the Illinois State Bar Association. These canons are identical to the corresponding canons of the American Bar Association.
[ Footnote 2 ] Even in the absence of applicable statutes, state courts have held themselves empowered to promulgate and enforce standards of professional conduct drawn from the common law and the closely related prohibitions of the Canons of Ethics. See, e. g., In re Maclub of America, Inc., 295 Mass. 45, 3 N. E. 2d 272, and cases therein cited. See generally Drinker, Legal Ethics 26-30, 35-48.
[ Footnote 3 ] This weighing of the competing interests involved is the same approach as that used in NAACP v. Button, 371 U.S. 415 , and in Railroad Trainmen v. Virginia Bar, 377 U.S. 1 . However, since a new balance must be struck whenever the competing interests are significantly different, this decision is not controlled by those cases. The union members in this case are not asserting legal rights which stem either from the Constitution or from a federal statute, sources of origin stressed respectively in Button, see 371 U.S., at 429 -431, 441-444, and in Railroad Trainmen, see 377 U.S., at 3 -6. Furthermore, the union plan at issue here differs from the referral practice involved in Railroad Trainmen because it involves the services of a union-salaried lawyer.
Similarly, the interests in this case are very different from those in cases involving legal aid to the indigent. The situation of a salaried lawyer representing indigent clients was expressly distinguished by the court below. See 35 Ill. 2d 112, 121, 219 N. E. 2d 503, 508.
[ Footnote 4 ] See, e. g., Lathrop v. Donohue, 367 U.S. 820, 865 , 871-874 (dissenting opinion); Konigsberg v. California Bar, 366 U.S. 36, 56 , 60-71 (dissenting opinion).
[ Footnote 5 ] Ill. Rev. Stat., c. 48, 138.1 et seq. (1963).
[ Footnote 6 ] See 35 Ill. 2d, at 118-119, 219 N. E. 2d, at 506-507. The earlier Illinois decision referred to was In re Brotherhood of R. R. Trainmen, 13 Ill. 2d 391, 150 N. E. 2d 163.
[ Footnote 7 ] It may be significant that the union plan was instituted in 1913, prior to this amendment of the Act. See ante, at 219.
[ Footnote 8 ] Ill. Laws, 1915, p. 408.
[ Footnote 9 ] Ill. Laws, 1927, p. 511.
[ Footnote 10 ] Cf. American Bar Association, Committee on Professional Ethics, Informal Opinion No. 469 (December 26, 1961) (union may reimburse member client for legal expenses).
[ Footnote 11 ] The salary paid at the time of this action was $12,400 per annum.
[ Footnote 12 ] The attorney employed by the Union in this case handled more than 400 workmen's compensation claims a year.
[ Footnote 13 ] The attorney employed by the Mine Workers was also an Illinois state senator and had a private practice other than the Mine Workers' representation.
[ Footnote 14 ] Of 351 workmen's compensation cases, from all sources, which were appealed to the Illinois courts during the period 1936-1967, only one was appealed by a miner affiliated with District 12. No such miner has appealed since 1942. See Respondents' Brief, at 17-18.
[ Footnote 15 ] See, e. g., People ex rel. Courtney v. Association of Real Estate Tax-payers, 354 Ill. 102, 187 N. E. 823; In re Maclub of America, Inc., 295 Mass. 45, 3 N. E. 2d 272, and cases therein cited; Richmond Assn. of Credit Men, Inc. v. Bar Assn. of Richmond, 167 Va. 327, 189 S. E. 153. The Canons of Ethics of the American Bar Association have also been interpreted as forbidding arrangements of the kind at issue here. See American Bar Association, Committee on Unauthorized Practice of the Law, Informative Opinion No. A of 1950, 36 A. B. A. J. 677.
[ Footnote 16 ] It is possible that the operation of the plan did result in union members receiving a lower quality of legal representation than they otherwise would have had. For example, the Mine Workers' present attorney recovered an average of $1,160 per case, while his predecessor secured an average of $1,350, even though the permissible rates of recovery were lower during the predecessor's tenure. See Record, at 53-54, 58-60; Brief for Respondents 18. See also n. 14, supra.
[ Footnote 17 ] It has been suggested both in this case and elsewhere, cf. Hackin v. Arizona, ante, p. 143 (DOUGLAS, J., dissenting), that prevailing Canons of Ethics and traditional customs in the legal profession will have to be modified to keep pace with the needs of new social developments, such as the Federal Poverty Program. That may well be true, but such considerations furnish no justification for today's heavy-handed action by the Court. The American Bar Association and other bodies throughout the country already have such matters under consideration. See, e. g., 1964 ABA Reports 381-383 (establishment of Special Committee on Ethical Standards); 1966 ABA Reports 589-594 (Report of Special Committee on Availability of Legal Services); 39 Calif. State Bar Journal 639-742 (Report of Committee on Group Legal Services). Moreover, the complexity of these matters makes them especially suitable for experimentation at the local level. And, all else failing, the Congress undoubtedly has the power to implement federal programs by establishing overriding rules governing legal representation in connection therewith. [389 U.S. 217, 235]
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Citation: 389 U.S. 217
Docket No: No. 33
Argued: October 17, 1967
Decided: December 05, 1967
Court: United States Supreme Court
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Read below to find out who took home Fight Night bonuses at UFC Fight Night in Manchester
UFC president Dana White and managing director of Europe Garry Cook led the post-fight press conference in Manchester with some big news: The UFC will return to London on March 8 with a fight between Alexander Gustafsson and Antonio Rogerio Nogueira. White confirmed that if Gustafsson wins and Jon Jones beats Glover Teixeira in their upcoming bout, Gustafsson and Jones will rematch for the light heavyweight title.
Also in attendance were main event winner Lyoto Machida, his opponent and friend Mark Munoz, Ross Pearson and UFC Manchester winners Luke Barnatt, Norman Parke and Jimi Manuwa. Guest fighter Alexander Gustafsson also sat at the dais.
Post-fight bonuses of $50,000 each went to Machida for Knockout of the Night, Nicholas Musoke for Submission of the Night, and Barnett and Andrew Craig for Fight of the Night.
Cook later added that a rematch between Pearson and Melvin Guillard -- whose promising Manchester bout ended in a no contest due to accidental foul -- would likely take place at the March 8 event in London. Cook said that plans are also underway for 2014 UFC fight cards in Ireland; Malmo, Sweden; Lodz, Poland; Istanbul, Turkey and Berlin, Germany.
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Click here to watch the full press conference


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Jupiter-bound craft's 2nd maneuver delayed 10 days - News - Boston.com: " NASA says it has postponed a maneuver planned for the Jupiter-bound spacecraft Juno.
The decision comes a week after Juno successfully fired its main engine. The second engine firing was slated for Tuesday but was delayed to Sept. 14.
After the last maneuver, engineers noticed higher-than-expected pressure in the propulsion system and wanted time to check it out.
The back-to-back burns are needed to put the spacecraft on course to fly by Earth next year and use the planet's gravity to accelerate to the outer solar system.
The space agency says the delay will not affect Juno's arrival at Jupiter, scheduled for 2016."


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Mercedes G500 review
SEE ALSO: Mercedes Buyer's Guide
By Des Toups 2002 Mercedes G500 Base price: $72,500 Price as tested: $73,145 EPA mileage: 12 city/14 highway Think of the Mercedes-Benz G500 as a German version of the gargantuan, all-American Humvee. Both are utility vehicles preposterously overqualified for pavement, obscenely inefficient, priced for millionaires and possessed of such jaw-dropping presence to make a Range Rover seem downright discreet. Anybody with his eye on the road rather than on Jason and Jennifer squabbling in the back seat can't help but stare at the G500, so tall, so butch, so magnetic. A road crew breaks into applause. Upstaged drivers in BMW X5s avert their eyes. Panhandlers on the exit ramp hold their sides in laughter at a proffered dollar. A man behind the wheel of an old Ford pickup stops in the middle of an intersection, waits until the light turned red, rolls down his window and bellows, "I have the power!" Indeed, the G500 is all about power: the power to buy, the power to consume. That it will scale near-vertical surfaces misses the point. The G500 -- known more catchily as the Gelandewagen or G-wagen -- traces its roots to Cold War Germany, where it emerged for military duty in 1979. It's been built ever since by Steyr-Puch in Austria, but available in the United States until now only by gray-market importation, at prices well over $100,000. Now Mercedes has decided to claim this lucrative niche for itself, importing up to 2,000 a year to the United States at the coupon-clipper price of $73,165. Box-square lines, a flat windshield and beefy, exposed door hinges underline the G500's Spartan roots, but you'd be hard-pressed to find anything less than opulent in the G-wagen's gadget-laden interior. The Nappa seat leather is sumptuous, the maple on the dash and steering wheel is genuine and the COMAND system that controls the stereo, navigation and phone is every bit as infuriating as in any other Mercedes. The interior is hushed and the ride amazingly smooth for a solid-axle, 20-year-old platform. Nothing about the fit, finish or sturdiness says the G-wagen is anything less than worthy of the three-pointed star. Sure, the squared-off dashboard screams 1980, the hard plastic door panels are a bit utilitarian and the clip-on cupholders are a tacky, but they do help remind the driver of what the rest of the interior so easily helps him to forget: This is a truck, bubba, and a serious one at that. The driver's seat is a climb, easily six inches or so higher than that in the lightweight M-Class, but it affords a penthouse-quality view of the tarmac and surrounding traffic. The G-wagen feels much bigger than it is; while it darkens less pavement than a Ford Explorer, it stands a half-head taller. All the side-window glass is vertical and flat, improving the perception of space (there's tons for five) but catching a dazzling array of reflections (cars to your right are reflected life-size on your left). Driving only reinforces the perception of mass. Steering is disconcertingly slow and numb on the road (twitchy steering is your enemy off-road, this truck's intended milieu), and the turning circle is a whopping 43.5 feet. Despite huge windows, anything close to the truck disappears from the driver's sight lines. All of which makes a trip to Starbucks quite the adventure, wondering how close that chrome-wrapped spare tire out back is to the Miata parked behind you. However clumsy the G500 feels in urban confines, it's certainly not unwieldy, and the picture improves the worse the roads become. Two mountain bikes fit upright in back, seats are supportive and heated, the stereo rich. Until someone perfects teleportation, there's no more comfortable way to get to and from your favorite wilderness area. The pleasingly firm ride deteriorates little on corrugated gravel as a long, 112-inch wheelbase and meaty, 60-series tires soak up the rough stuff. With traction control at each wheel, it's tough to break the rear end loose even in hairpin turns, and a manual-shift feature on the automatic makes selecting lower gears for long descents easy. Blunder into mud or deep snow and there's genuine low-range gearing – rapidly disappearing on more suburban-oriented machines – to get you out. Overhangs front and rear are minimal, making the most of the middling 8.3 inches of ground clearance beneath the G-wagen. But true luxury means you never have to walk. A G500 driver stranded despite all-wheel-drive, traction control and low-range gearing still has a little something up his sleeve: locking differentials front, center and rear, ensuring that power goes to the tire with grip. Purely for testing purposes, of course, we straddled a gully that left two wheels hanging and another in soft sand, yet were able to climb out with the punch of a button using one wheel. When all else fails, there's always the option of calling for help using the built-in Tele-Aid system. If your daily commute necessitates bunny boots and a winch, here's your truck. Power comes from the same 5-liter V-8 that moves the S-Class sedan, here developing 292 horsepower and 336 foot-pounds of torque, the muscle that actually moves the vehicle. The G500, shaped like a brick and weighing as much as two Honda Civics, needs all the torque it can get. Even with the well-matched five-speed automatic, your forward progress is never anything but deliberate. Reach 80 mph and the G-wagen will cruise there all day, though, and there's enough beef here to tow 7,000 pounds, a ton more than the M Class can haul. If you didn't blink at the G500's sticker price, you're unlikely to wince at the cost of 25 gallons of premium unleaded every 250 miles or so. Expect single digits in town. As capable as the Gelandewagen is, as stout as it feels, as exclusive as it is likely to be, I wonder how many buyers will tire quickly of the price it extracts, finding in their search for the ultimate sport-utility that they have indeed bought a truck. Des Toups is a Seattle free-lance writer whose work has appeared in AutoWorld magazine, The Seattle Times and newspapers nationwide.