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Home > Law > Legal Articles > Supreme Court Rules: "Parents Have Independent, Enforceable Rights" by Pete Wright & Pam Wright (May 22, 2007) |
Supreme Court Rules: "Parents Have Independent, Enforceable Rights" On May 21, 2007, the Supreme Court issued a unanimous[1] pro-parent, pro-child decision in Jacob Winkelman v. Parma City Schools. The question before the Court was "whether parents, either on their own behalf or as representatives of the child, may proceed in court unrepresented by counsel though they are not trained or licensed as attorneys." The Winkelman decision goes far beyond the question about whether parents can represent their children in court. In Winkelman, the Court listed and affirmed parental rights, the importance of parental involvement, and described the essential role parents play in ensuring that their child receives a free appropriate public education (FAPE). The Court also refined the definition of a "free appropriate public education." The Court explained that answering this question "...requires us to examine and explain the provisions of IDEA to determine if it accords to parents rights of their own that can be vindicated in court proceedings, or ... whether the Act allows them, in their status as parents, to represent their child in court proceedings." Do Parents Have "Independent, Enforceable Rights?" To answer this question, the Court reviewed IDEA, considered "the entire statutory scheme," and provided a comprehensive description of parental rights in the IDEA statute. "The goals of IDEA include "ensuring that all children with disabilities have available to them a free appropriate public education" and "ensuring that the rights of children with disabilities and parents of such children are protected." §1400(d)(1)(A)-(B) The Court found that parents have a "significant role" and examined four critical portions of IDEA: IEP procedures; criteria to determine FAPE; procedural mechanisms for IEP disputes; and parental reimbursement. The Court listed "terms that mandate or otherwise describe parental involvement." "IDEA requires school districts to develop an IEP for each child with a disability with parents playing "a significant role" in this process." §§1412(a)(4), 1414(d) "Parents serve as members of the team that develops the IEP." §1414(d)(1)(B) "The "concerns" parents have "for enhancing the education of their child" must be considered by the team." § 1414(d)(3)(A)(ii) "IDEA accords parents additional protections that apply through the IEP process." The IEP team is required "to revise the IEP when appropriate to address certain information provided by the parents." § 1414(d)(4)(a) States must "ensure that the parents are members of any group that makes decisions on the educational placement of their child." §1415(b)(1) "A central purpose of the parental protections is to facilitate the provision of a 'free appropriate public education which must be made available to the child "in conformity with the [IEP]'" §1401(9)(D)
Disputes and Differences "When a party objects to the adequacy of the education provided " the IEP, or some related matter, IDEA provides procedural recourse ... any party can present a complaint" about the identification, evaluation, or educational placement of the child, or the provision of a free appropriate public education to such child." §1415(b)(6) The process begins with a meeting "where the parents of the child discuss their complaint" and the school district "is provided with the opportunity to [reach a resolution]." §1415(f)(1)(B)(i)(IV) If the school district "has not resolved the complaint to the satisfaction of the parent within 30 days," the parents may request a due process hearing. §1415(f)(1)(B)(ii) "The statute sets out procedures for resolving disputes ...that... contemplates parents will be the parties bringing the administrative complaints." States are required to "develop a model form to assist parents in filing a complaint." §1415(b)(8) The Court found that "... the Act does not ... bar parents from seeking to vindicate the rights accorded to them once the time comes to file a civil action. Through its provisions for expansive review and extensive parental involvement, the statute leads to just the opposite result." Purposes of IDEA "IDEA defines one of its purposes as seeking 'to ensure that the rights of children with disabilities and the parents of such children are protected.' §1400(d)(1)(B) The word 'rights' in the quoted language refers to the rights of parents as well as the rights of the child..." "We interpret the statute's references to parents' rights to mean what they say: that IDEA includes provisions conveying rights to parents as well as to children." Structure of the IDEA Statute
The IEP
process entitles parents to participate "in the substantive formulation
of their child's educational program." "The statute empowers parents to bring challenges brought on a broad range of issues." §1415(b)(6)(A) The Court concluded "These provisions confirm that IDEA ... creates in parents an independent stake ... in the substantive decisions to be made." Free Appropriate Public Education (FAPE) In a departure from the minimal standards enumerated in Rowley (1982) 35 years ago, the Court updated the definition of a free appropriate public education (FAPE): "The Act defines a 'free appropriate public education' pursuant to an IEP to be an educational instruction 'specially designed ... to meet the unique needs of the child with a disability,'§1401(29), coupled with any additional 'related services' that are "required to assist a child with a disability to benefit from [that instruction]" §1401(26)(A). See also §1401(9) Potential for Injustice The Court noted that if they accepted the ruling by the Court of Appeals that parental rights are limited, this would leave "some parents without a remedy." "The potential for injustice in this result is apparent ... we find nothing in the statute to indicate that Congress ... intended that only some parents would be able to enforce the mandate. The statute instead takes pain to 'ensure that the rights of children with disabilities and parents of such children are protected.'" §1400(d)(1)(B) Court of Appeals Erred: Parents Have Independent Enforceable Rights "We conclude that IDEA grants parents independent, enforceable rights. These rights, which are not limited to certain procedural and reimbursement-related matters, encompass the entitlement to a free appropriate public education for the parents' child." "The Court of Appeals erred when it dismissed the Winkelman's appeal for lack of counsel. Parents enjoy rights under IDEA... they are ... entitled to prosecute IDEA claims on their own behalf. The decision by Congress to grant parents these rights was consistent with the purpose of IDEA and fully in accord with our social and legal traditions ... It is beyond dispute that the relationship between a parent and child is sufficient to support a legally cognizable interest in the education of one's child..." What is the Significance of Winkelman? Since the Supreme Court's decision in my Florence County School District IV v. Shannon Carter case (1993), the Court has not focused on the purpose of IDEA, the parental role, or the criteria for determining if a child received an appropriate education. The decision in Garret F. (1999) focused on the child's need for related services, including continuous one-on-one nursing services, in order to attend school and receive an appropriate education. The decision in Schaffer (2005) held that the burden of proof in a due process hearing is on the party who challenges an IEP. The decision in Arlington (2006) held that parents are not entitled to recover expert witness fees in special education litigation. The Pendulum Swings In all areas of law, judicial decisions swing back and forth over time, like a pendulum. Criminal law practitioners see this in rulings on search and seizure and Miranda warnings, and variations in state and federal courts. Over time, special education litigation experiences the same swings and shifts. The decision in Carter was a 9-0 pro-parent, pro-child decision issued 34 days after oral argument. Garret F. was 7-2 pro-child decision issued 4 months after oral argument. Schaffer was 6-2 pro-school decision issued 5 weeks after oral argument. Murphy was 6-3 pro-school decision issued 9 weeks after oral argument. Winkelman is a 9-0 pro-parent, pro-child decision issued nearly 3 months after oral argument. In Winkelman, Justice Kennedy, writing for the other Justices, returned to the roots of IDEA. Special education is "educational instruction 'specially designed . . . to meet the unique needs of a child with a disability,'§1401(29), coupled with any additional 'related services' that are 'required to assist a child with a disability to benefit from [that instruction]' in order to provide a child with "independent living, and economic self-sufficiency..." Listen to the Oral Argument (MP3 download) Listen to Justice Anthony M. Kennedy read the decision. With the Winkelman decision, the pendulum is swinging back to protect parents and their children with disabilities. Our hats are off to Jeff and Sandee Winkelman and their attorney, Jean Claude Andre of the Ivey, Smith and Ramirez law firm. We want to thank attorney Andrew K. Cuddy of New York who is representing Jeff and Sandee Winkelman in their current due process hearing. At last report earlier this month, that due process hearing was in the eleventh day. Footnote [1] In High court rules in favor of special-ed parents, the Los Angeles Times reported that the decision was a unanimous ruling in favor of the parents and child. Justice Scalia, joined by Justice Thomas, filed a separate Opinion concurring with the ruling, but dissenting about whether the "right to an education" is a right of the parent and child, or is limited to the child. He wrote, "Petitioners sought reimbursement, alleged procedural violations, and requested a declaration that their child's FAPE was substantively inadequate ... I agree with the Court that they may proceed pro se with respect to the first two claims, but I disagree that they may do so with respect to the third." This dissent is of minimal significance for two reasons. First, if a parent is to obtain reimbursement, which Justice Scalia agrees they can do on their own behalf, they must prove that their child's education was "substantively inadequate." Thus, the issue is moot. Second, if the limited portion of his Opinion is viewed as a dissent, it is a dissent on a very limited aspect of one minor portion of a majority ruling on behalf of parents and children. Wrightslaw Note In the Opinion, the Court referenced the Congressional Findings in Section 1400(c) of IDEA, IEPs in Section 1414, procedural safeguards in Section 1415 of the IDEA statute. All sections cited by the Court in this decision are in Wrightslaw: Special Education Law, 2nd Edition. The book includes the complete text of the statute with analysis and commentary, and all special education decisions from the Supreme Court until the decision in Winkelman. Findings and Purposes in Section 1400 begin on page 45. The definition of 'special education' is in Section 1401(29) on page 55. The law about evaluations in Section 1414(a-c) is on page 92. The IEP statute in Section 1414(d) begins on page 99. The law about Procedural Safeguards is in Section 1415 which begins on page 107. Other Resources Jacob Winkelman, et al. v. Parma Schools - Background, Question Presented, Links to Briefs and Other Decisions Can You Represent Your Child's Rights Under IDEA? by Peter W. D. Wright and Pamela Wright
urges review of parents' IDEA role


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Metallica.com Metallica fans who are looking for something to do this weekend, look no further. Metalheads can get their hands on the two latest items available in Metallica's official online store : jigsaw puzzles. That's right, after you crank up your favorite 'Tallica record, clear the table and get ready to put a puzzle together. As of right now, fans have two options when deciding which puzzle to tackle: 'Master of Puppets' and '…And Justice for All.' If you're an amateur at this sort of thing, you might want to start out with the latter as it includes 200 pieces, whereas the former boasts 500 pieces. The completed task for each puzzle will look like the cover of the respective albums. The 'Master' puzzle will run you $16.99 while 'Justice' is a bit cheaper at $14.99. The puzzles are just the latest in new merchandise the band is making available to fans. These items are released on the heels of Metallica's collaboration with Vans to produce a special pair of 'Kill 'Em All' shoes , and don't forget about getting your hands on James Hetfield's signature sunglasses , too. Visit Metallica.com for more information on the band's official puzzles. If you want to take your puzzles on the road, pack them up and get ready to head to New Orleans as it was recently announced that Metallica will be headlining the Voodoo Music + Arts Experience on Oct. 27. [button href="http://ultimatemetallica.com" title="Get All The Metallica News You Can Handle Here" align="center"]
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Metallica Release Official Jigsaw Puzzles for 'Master of Puppets' + '…And Justice for All'

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Pre-Harvest Jubilation
August 28, 2012
By Chelsea Franchi
We had our scale certified last week, which was just one more reminder of the ever-present fact that harvest is barreling down on us (no pun intended).
Steaming barrels in the afternoon sun
Harvest is what we live for (well, work for) here in the cellar. It is the hub of the winemaking cycle. Without harvest, what would we do the rest of the year? Harvest is, without a doubt, the most exciting time of year for me. It's exhausting, exhilarating, and stimulating. You really get to know the people you work with during harvest (to everyone I work with: my most sincere apologies). With everyone being pushed to their limits mentally and physically, you're bound to let your true colors show. That's part of what makes harvest so exciting - getting the opportunity to push yourself and becoming familiar with your own breaking points. While most people would look at that as a negative (and I can understand why), it's one of the many reasons I love my job as much as I do: it's challenging, in every sense of the word. And I like that.
The start of this year is even more testing. The lab equipment was dusted off and fired up last week to start running numbers on fruit samples (mostly for Patelin fruit) and Neil and Ryan are off in France. Which means, those of us who are left here have the opportunity to own the cellar (for a few weeks, at least). And by all accounts, it looks like we're more than up to the challenge.
We've been checking numbers (sugar, pH and total acidity) and tracking the progression of said numbers. The presses are clean and ready and the sorting table and must pump are both lying in wait. Picking bins have been brought out from storage and for the early part of this week, we're focusing on sanitizing barrels and tanks so they will be ready for the new juice of 2012.
Racking arms waiting to be scrubbed clean and tanks getting power-washed
It's nice to have these rituals before the full force of harvest smashes down around us - the misty fall mornings spent chugging coffee as the first bins of fruit pull onto the crush pad, driving a forklift through the silence of night with only two tiny headlights and the stars to light the way, the incessant squishing of my water-logged boots, the hammering sound of fruit raining down onto the sorting table. The wet heat of a fermenting tank and the thick, rich smells of grape juice evolving into wine. Lead-heavy exhaustion replaced by buoyancy the second the stereo is cranked up (Journey, please!). Climbing into the press after its first use of the season - and for that matter, climbing into the press after its last use of the season. And what harvest mosaic would be complete without those six beautiful words spoken at the end of an impossibly long day: "Hey, who could use a beer?"
It would be interesting to see how my co-workers would arrange their harvest montage, but this is my view. These are the snapshot experiences I look forward to every year. I'm ready.


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Fall Trees and Moon - Watercolor Sky Art Print
Fall Trees and Moon - Watercolor Sky Art Print
Regular price
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There's just something about watching the sun set and the colors change that is so peaceful. Taking a moment to ground yourself a give yourself a moment of peace when everything around you is changing and evolving is an invaluable gift.
Printed on archival matte photo paper, this is a -square borderless- print and is available in two sizes: 5 inches by 5 inches, and 8.5 inches by 8.5 inches.
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US orders will arrive between 8-12 business days, and International orders will arrive between 19-37 business days.
Customer is responsible for any and all customs or duty fees. Please note that I have no way of tracking international packages once they leave the US.


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A Nursing Student Loan is very similar to the Perkins Loan. A low-interest (5%) loan with no loan fees, the NSL is restricted to undergraduate nursing students with exceptional financial need. Wagner is your lender and the loan is made with government funds. You must repay this loan to your school upon withdrawing, graduating or dropping below half-time status.
If you are awarded a FNL in your aid offer, you will be complete a Promissory Note and Entrance Counseling each semester with our servicer, ECSI.
Borrowers qualify for a nine-month grace period immediately following enrollment. The repayment amount depends upon the size of the debt with a maximum repayment period of ten years. On smaller loans, the minimum payment option is $120 quarterly. Interest on the loan is computed at the rate of 5% per annum simple interest on the unpaid principal balance. The borrower may prepay all or part of the loan at any time without penalty.
A deferment is period of time during which the borrower is not required to repay the loan principal. Interest will not accrue during any type of deferment. Qualifying terms and conditions are included in the promissory note and discussed during the exit interview. A borrower must apply for a deferment in writing by using a deferment form obtained from the school that made the loan. Additional information on deferments may be obtained from ECSI.
A forbearance is a temporary postponement of payments, an extension of time allotted for making payments, or the acceptance of smaller payments than were previously scheduled. Interest will continue to accrue during any period of forbearance. If a borrower is financially unable to make the required payments on a loan, he or she must submit a written request with supporting documentation to the ECSI. The school may grant the borrower a forbearance for a period of up to one year at a time not to exceed a total of three years.
There are no cancellation privileges to the Nursing Student Loan.
Maintaining communication with the servicer will help you avoid going into default.


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Baseball: Carroll's 3 RBI lead East to all-star win
They were like little kids — well, big kids, actually — playing in a playground, Brooklyn's playground.
Coney Island is just that, one big playground that includes MCU Park, the beautiful home of the Brooklyn Cyclones, the New York Mets' minor-league affiliate.
With rides, neon lights and beachfront providing a scenic background, MCU Park was home to the Atlantic Collegiate Baseball League All-Star Game on Monday night. Several stars shined under a nearly full moon, but perhaps none did so as much for the East as North Fork Ospreys first baseman Matt Carroll. Carroll drove in three runs from two hits to lead the East to a 5-4 comeback victory, avenging last year's loss to the West. Carroll shared the game's most valuable player honor with West second baseman Robert Bernardo, who reached base four times. Bernardo, a member of the Jersey Pilots, had two hits, stole three bases, walked and was hit by a pitch.
The result will give the Hampton Division representative the home-field advantage in the league championship game.
"Home-field advantage is a big deal when it gets to that part of the season," Carroll said, "and hopefully it will work out for our team and we'll be in that championship game with the home-field advantage."
Brian Hansen, the Ospreys' co-coach who managed the East team, seemed to enjoy the experience as much as any of his players. His 11-year-old son, Luke, got an up close and personal experience, handing the lineup card to the umpire before the game.
"That's pretty good for a small-town guy, not bad," Hansen, a big Mets fan, said after the game. "I'm on top of the world right now."
Both the defending league champion Ospreys and the Riverhead Tomcats were well represented in the game. Among those in the East starting lineup were Ospreys second baseman Ryan Brockett, Ospreys left fielder Ryan Williams, Tomcats designated hitter Frank Schwindel, Tomcats third baseman Eric Schlitter and Carroll. Ospreys pitcher Milan Mantle and Tomcats pitcher Brett Schreiber worked an inning each. Two other Tomcats, left fielder Eric Romano and pinch hitter Zach Mathieu, also played.
"It was a good experience, all the best players … and it was a pretty good game," said Schwindel.
The East twice bounced back from deficits, taking the lead for good in the seventh inning when it made a big move, striking for three runs and a 5-3 lead. Ryan Kresky and Stuart Turner led off with walks, and then both scored on Carroll's single. Then three West fielders converged on Kevin Heller's fly ball hit to shallow right field. The ball fell to the ground and Carroll scooted home.
The West pulled a run back later in the inning, courtesy of Ryan Quinn's bloop single, which brought in Henry Knabe, who had led off with a single.
It was the West that struck first in the bottom half of the inning when a single by Bernardo and a double that Robert Fargnoli whacked off the left-field wall brought in the game's first run.
The West doubled that lead in the second. Dan Johnson and Dan Klem both squeezed singles through the middle of the infield, the later scoring the run. An inning-ending 6-4-3 double play averted further damage, though.
But the East drew even at 2-2 in the third. Schlitter sprayed a single to center field and then scored on Ray Ortega's double. Later, Ortega was brought home when Carroll took an inside 3-2 pitch to right field for a single. Both of Carroll's hits came with two outs and two strikes on him.
"He's a great clutch hitter," said Hansen.
The West pulled ahead again, though, in the bottom of the third. Bernardo led off with a walk before stealing second base and then third. He tried to score on a bouncer hit by Fargnoli, but was thrown out at home by the shortstop. Fargnoli, however, later scored himself courtesy of Scott Glozzy's lined single, making it 3-2.
The game doesn't count in the standings, but both teams were playing to win.
"Every time you go out you want to try to win the game, so winning here against the best from the other [division], it felt good," said Mathieu.
Hansen liked the way the East players, who are accustomed to playing against each other in regular-season games, pulled together for one night. He knew it wouldn't last for long, though.
"We're rivals tomorrow," Hansen said. "That's the way it goes."


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Over the past several months I've received a number of E-mails and calls related to the issue of conversion. So, I thought it was time to focus some additional attention on this potentially touchy issue.
Why is Conversion a Touchy Issue?
In most instances, this subject isn't a touchy issue. That's because most couples deal with this challenge respectfully and prayerfully. Moreover, the end result of their conversations is that some couples decide to remain intermarried religiously, and others become single church, single faith couples. These couples indicate that their discussions and decisions served to enhance marriage and family life.
However, there are a small, but sizable number of intermarried couples who encounter challenges related to conversion. In these cases, the decision to convert was not based on the convert's personal choice, but instead on outside control and manipulation. Here's a typical example.
A mother tells her newly engaged daughter, "Unless he converts, we'll withhold our blessings, and he won't be welcome in the family." As a result, the daughter makes the following request of her fiancée, "Convert for me." He, in turn, senses that there is something more behind this request, but does not seek a full explanation, he simply converts to please his fiancée. A few months after the wedding, his suspicions are confirmed when he discovers that his in-laws offered his wife the above ultimatum before they would accept him. This discovery creates some distance between himself and his wife. He also remains very uncomfortable around his in-laws.
When manipulation and control are the catalysts used to facilitate conversion, resentment and anger usually emerge. Sometimes this happens immediately, and at other times months or years may pass. In either case, the pressure tactics used and the feelings that result from these types of strategies have a negative impact on marital satisfaction and family stability.
It's Personal
The reason why resentment and anger appear is because conversion is a personal issue and a personal choice – one that inherently should involve the individual and God. That's not to suggest that it's not also a marital, family and extended family issue. It is. But at the heart of this decision there should lie a very prayerful, private moment of choice that involves a person's freedom to choose. Moreover, if this isn't the catalyst, and outside pressure and manipulation ends up motivating the conversion, then anger, fueled by feelings of resentment, are likely to emerge.
God Respects our Freedom to Choose
While I believe that it is absolutely essential for couples from different faith backgrounds to consider the issue of conversion, my research and work with this population suggests that it is also essential that the potential convert be given the latitude to consider this issue privately and prayerfully. Moreover, I would maintain that this prerequisite is very Christian and very Orthodox. A quick glance at how God relates to us should validate this last point.
Does God seek to force us into making a decision about anything? No. He created us with free will, and permits us the space to exercise our free will. Admittedly, He may not always agree with our choices, but He doesn't violate our freedom to choose. On the contrary, He's always there to offer guidance and direction with the tough choices, but He won't impose His will on us. So, if God doesn't force, manipulate or seek to control our decisions, then it should follow that we shouldn't either – the touchy issue of conversion is no exception to this guideline.
Prayerfully Encountering This Issue
When I receive an E-mail or call from a fiancée, spouse, mother, father in-law or even in some cases, another family member asking me for some strategies that will help them convince a potential convert to convert, I'm inclined to offer the following feedback.
- Liberal amounts of care and prayer are essential during this process.
- Conversion is a personal issue. If it's not approached this way, problems can result.
- A potential convert needs space – space that permits them to make a prayerful decision.
- Information and a welcoming spirit are also crucial to an individual's decision.
Other Concerns
Often, when it comes to this challenge, the timing needs to also be right. For example, it may be that extended family needs and concerns preclude such a decision. At other times it may have something to do with issues related to feelings of betrayal. At other times it's simply a matter of personal preferences. At other times, it's a combination of these factors and others. For more information, you might want to consider purchasing a book I've written for engaged and intermarried couples. It's entitled, When You Intermarry: A Resource for Inter-Christian Intercultural Couples Parents and Families. You may purchase this book by calling 800-245-0599 or by asking for it at your local church's bookstore.
Should this issue linger, and remain unresolved, and it is compromising marital satisfaction, then I would suggest that it's time to seek outside help. The most logical person to turn to at this time is your pastor(s).
In addition to your pastor, you may also need to consult some professional help from an experienced couples therapist. Should you choose to exercise this option, consider turning to your pastor for some help in identifying a qualified professional. He'll likely have the names of some competent professionals with whom he has collaborated.
Concluding Thoughts
While most couples are able to avoid controversy and challenges when dealing with this issue, a small but sizable number fail to do so. Whether you fall into the first or second category, if you remember to deal with your differences respectfully and prayerfully – that's a good start. Such a strategy will assist you in your efforts to either promote marital satisfaction or reclaim it.


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Part of the Series
Disposable Futures
Henry A. Giroux | Neoliberalism and the Machinery of Disposability and Disposable Futures
Also see:To see more articles in the Disposable Futures series, click here.
Launched in January 2014, the histories of violence "Disposable Life" project interrogates the meaning of mass violence and human destruction in the 21st Century. Inviting critical reflections from renowned public intellectuals, artists and writers, this three year project will feature a series of monthly filmed reflections from an illustrious list of participants; a subsequent feature film for public broadcast; accompanying book of complementary essays and associated publications/media articles; along with a series of global events that will bring together the Arts, Humanities and Social Sciences to offer innovative and publicly engaging forums to inform debate and rethink the ideals of global citizenship.
Previous talks have included Cynthia Enloe, Simon Critchley, Zygmunt Bauman, & Griselda Pollock. Full details here.


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US Youth Soccer National League announces expansion for 2018-19
League will feature new 19U age group
Additional teams can qualify for 14U and 15U age groups
FRISCO, Texas (Via US Youth Soccer) — Beginning in the 2018-19 season, the US Youth Soccer National League will expand to feature the addition of a 19-and-Under age group, as well as more teams in the 14U and 15U age groups — pushing the league from 256 to 352 total teams.
The National League has traditionally included competition for 14U-18U teams. The new 19U age group will include 16 teams per gender and will provide players primarily in their final year of high school an opportunity to compete at the highest level of youth soccer.
Meanwhile, the 14U and 15U age groups will double in size, as the field of teams for each gender will grow from 16 to 32 in those age groups — matching the number of teams currently featured in the 16U-18U National League age groups.
The 14U-18U age groups will feature four divisions of eight teams, while the 19U age group will include two divisions of eight teams.
Click here for 2018-19 National League qualifying spots by age group
View the 2018-19 National League qualifying spots from…
The expansion further strengthens the connection between the various leagues of US Youth Soccer, which will be revamped, redesigned and relaunched for the 2018-19 seasonal year.
"Increased consistency across regional competitions at the younger age groups has allowed us to add more deserving teams to the league in the 14U and 15U divisions," National League commissioner Paul Luchowski said. "Along with the addition of the 19U age group, we look forward to welcoming even more proven, top-level teams to the National League."
+READ: US Youth Soccer ODP Girls Thanksgiving Interregional Day 1 Recap
As is the case with each of the National League age groups, the top two 19U teams in each division will earn a place at the US Youth Soccer National Championships. There, they will join the traditional four US Youth Soccer Regional Champions to increase the field of teams to eight in the 19U boys and girls competition.
Since its inception, National League teams have captured a combined 56 of 78 possible National Championships. For a list of past National League champions and history, click here.
The 2017-18 National League season, which features 14U-18U teams, will kick off Nov. 30 with the opening weekend for the girls, while the boys begin Dec. 7. All games will take place in Wilson, N.C., and Rocky Mount, N.C.
The National League is designed to reward teams for developing elite talent and earning success in US Youth Soccer Regional Leagues and Regional Championships, as the top finishing teams in these competitions directly qualify for the National League. Once in the National League, the top teams from each age group division also secure a spot to return to National League play the following season.


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Mondelēz not sweet-talking kids into poor nutrition choices with Barny ad, rules watchdog
ASA concluded that the advert was purely descriptive in its portrayal of ingredients and showed reasonable, supervised snacking.
Introducing Barny
The advert for the Barny sponge bar showed a boy sitting at a kitchen table when an animated bear took his hand and took him running through a landscape of wheat fields, sponge cake hills and chocolate rivers.
The boy then landed back in the kitchen as a voice-over stated: "Introducing Barny, a sponge snack made with ingredients like wheat, chocolate and eggs. Keep the adventure going with Barny."
On the kitchen table was the raw ingredients of the bar including wheat, chocolate, milk and eggs while an on-screen text stated: "No artificial colours. No preservatives." The boy was shown with his mother eating the snack next to a glass of milk and a bowl of fresh fruit.
What are you implying?
Three complainants asked whether the product's presentation could be considered as an unauthorized implied general health claim, while two others argued that it condoned or encouraged an unhealthy lifestyle and poor nutritional habits particularly in children.
Mondelēz said there were no references to the product or its ingredients having any health or nutritional benefits. Ad pre-approval service Clearcast said the advert was clearly demonstrating what the Barny product was and what it contained, and did not include any kind of health claims of being 'natural' or 'wholesome'.
ASA said: "We considered that the ad provided information about the content of a Barny sponge snack bar, but did not make a general health claim about the product or its ingredients. We therefore concluded that the ad had not breached the code."
Snacking habits
Mondelēz said its product and marketing campaign fell within the UK Food Standards Agency guidance on snacking. The company said the cake bars were portion controlled at 30 g and individually packed, which they believed "restricted the likelihood of over consumption".
It said the ad did not imply that the product was an everyday food nor did it encourage daily consumption. Instead Mondelēz said the snack was shown as part of an active lifestyle and a balanced diet.
Clearcast said since the product was high in fats, salt and sugar, appropriate scheduling restrictions were applied to prevent the advert from being shown between programs made for audiences under 16. They said aside from the product being high in fats, salt and sugar, it was difficult to see how the campaign condoned or encouraged poor nutritional habits.
ASA backed this conculsion, saying: "We considered that it was clear that the cake bar was part of a snack, rather than being a snack on its own."
Barny brand
Mondelēz International launched the brand in the UK last year, having already done so in France, Belgium, Spain, Czech Republic and Russia.
In the UK, the product was made available in chocolate and milk varieties in multi-packs priced £1.69 ($2.82) per pack. The UK launch was said to be supported by a £4m ($6.6m) marketing campaign, including television advertisement.


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Icyviolets is one the best improvement blogs in the world. For more than five years, we've been writing about how to bring affordable style to your home. The focus here is inspiring interior design, smart home improvement, and creative DIY projects. We always share best home improvement tips and tricks whenever we transform a space or create something new.


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You can be the HERO of the heart this Valentine's Day by bringing your beloved on a fun interactive adventure.
Each attendee will have the opportunity to customize a selection of rings, pendants, bangles & charms!
The Valentines Love-Bug Bundle Includes…
This is to book a Special Valentines Workshop $175/couple
Rings, Bangles & Tags Workshop in Sterling Silver
Goldsmith Customization Adventure ( 2hrs )
Specific to your workshop purchase for two people.
Your workshop will be 2 hours, In which you will be creating 3-8 projects.
Silver is Not Normally included in workshops. However, with this Special Package, your first project is included first project per person.
Each additional project starts at $15 or $5/g with most Project between $20-40.
Interested in a PRIVATE workshop for you and your bae for an additional $100? with your choice of start time and date Please call us to arrange or see our other listings!


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Lost's first season ended with the characters almost literally opening up a can of worms: a mysterious hatch embedded in the jungle floor of a remote island. Season Two largely revolves around (and largely takes pace within) that hatch. As per the ABC series' custom, much is revealed about the hatch—its history, personnel and apparent purpose—but plenty of new questions are raised. Meanwhile, the survivors of Oceanic Flight 815 continue their quest for survival and rescue.
Forty-five days after the crash, the survivors have all but given up hope of external rescue. If they're to be found, they'll have to take action. Exploring the hatch is a bold step, and it's soon apparent that the island's past has been dominated by a group the crash survivors know as "The Others." The Others turn out to be the remnants of a scientific research group called the DHARMA Initiative (initiated by the equally mysterious Hanso Foundation). The hatch contains a wild-eyed DHARMA employee named Desmond Hume (Henry Ian Cusick), who has been tasked with entering a series of numbers at regular intervals into a computer to forestall some undefined devastation. The absurdity of the situation sets off a fresh debate between the faith-based John Locke (the marvelous Terry O'Quinn) and the reason-insistent Jack (Matthew Fox). Adding more mystery: the numbers seem to harbor some kind of significance—possibly mystical—in that Hurley (Jorge Garcia) won the lottery with them. Then again, Hurley has spent time in the looney bin, so who knows?
It's Lost's usual heady blend of character development (again doled out in episode-sharing flashbacks) and sci-fi-laced action-adventure as the conflict between the plane-crash survivors and The Others gradually intensifies.Also adding intrigue is the appearance of heretofore unseen survivors from the tail section of the plane, among them Ana-Lucia (Michelle Rodriguez), Libby (Cynthia Watros), and Rose's husband Bernard (Sam Anderson). Other new characters include secretive Mr. Eko (Adewale Akinnuoye-Agbaje); the pseudonymous "Henry Gale" (brilliantly creepy Michael Emerson); and a brawny "Other" named Tom (M.C. Gainey). As in Season One, there's a palpable sense of danger with the realization that death has claimed, can claim, and will claim even a series regular. Lost's redemption songs continue to compel, all the way up to another thrilling cliffhanger finale that doles out mortal terrors and, for some, escape.
Fans may not believe their eyes when they get a gander at Lost: The Complete Second Season on Blu-ray. The previous DVD and HD broadcasts were lovely, but the image here is perfection. Deep blacks, vibrant color, razor-sharp detail and vivid dimensionality make this picture downright stunning. Every bit its equal, the DTS-HD Master Audio 5.1 mixes offer sonic intensity and subtle ambience as needed, while always providing crystal clarity in the dialogue.
The extensive bonus features from the DVD set return here, beginning with five audio commentaries: "Man of Science, Man of Faith" with executive producers Damon Lindelof, Carlton Cuse, and Bryan Burk, and executive producer/director Jack Bender; "23rd Psalm" with Lindelof, Cuse, and Burk; Dave with Bender, Jorge Garcia and Cynthia Watros; "What Kate Did" with director Paul Edwards, director of photography Michael Bonvillain, and Evangeline Lilly; and "The Whole Truth" with writers Elizabeth Sarnoff and Christina Kim, Daniel Dae Kim and Yunjin Kim.
The video-based features (all in standard def) are filed into three Dharma Initiative-themed "phases." Phase 1: Observation kicks off with "Fire + Water: Anatomy of an Episode" (31:46, SD), which traces an episode from its story-"breaking" in the L.A. Writer's Room to its scripting in an L.A. office to Hawaii, where it goes through a pipeline of pre-production meetings and production. Interviewed are Lindelof, supervising producer/writer Edward Kitsis, supervising producer/writer Adam Horowitz, Cuse, production coordinator Steve Cainas, Bender, Monaghan, first assistant director Rich Sickler, production designer Jim Spencer, producer Jean Higgins, costume designer Roland Sanchez, make-up department head Steve LaPorte, Naveen Andrews, Terry O'Quinn, sound mixer David Yaffe, Burk, associate producer Tamara Isaac, post-production assistants Coriedus Brown and David Eisenberg, customer pickup foreman Joe Page, Telecine colorist Peter Ritter, film editor Stephen Semel, colorist Randy Coonfield, and ADR/looping mixer Tony Hugar.
Lost: On Location (1:02:55 with "Play All" option, SD) serves up brief featurettes about the thematic content, character development, and production of selected episodes: "Adrift" (3:17, SD), "Everybody Hates Hugo" (3:46, SD), "Abandoned" (4:36, SD), "The Other 48 Days" (6:13, SD), "Collision" (3:18, SD), "What Kate Did" (5:31, SD), "The 23rd Psalm" (4:22, SD), "The Whole Truth" (5:15, SD), "Dave" (5:44, SD), "S.O.S." (4:47, SD), "Two for the Road" (4:31, SD), "Live Together, Die Alone" (5:08, SD) and "Canine Castaway" (6:24, SD). Participants include sculptor Jim Van Houten, Burk, supervising producer Leonard Dick, director Stephen Williams, Perrineau, Holloway, Horowitz, Kitsis, Garcia, Daniel Dae Kim, Watros, Michelle Rodriguez, stunt coordinator Michael Vendrell, Andrews, Maggie Grace, Cuse, Lindelof, Sarnoff, Adewale Akinnuoye-Agbaje, visual effects producer Kai Bovaird, Brett Cullen, visual effects supervisor Kevin Blank, Bonvillain, Lilly, visual effects producer Kai Bovaird, Spencer, co-executive producer Steven Maeda, horse trainer Wendy Gooding, Holloway, art director Bill Matthews, writer Christina M. Kim, LaPorte, Michael Emerson, 2nd 2nd A.D. Joyce McCarthy, Sam Anderson, director Paul Edwards, visual effects producer Michael Rivero, Sickler, second assistant director Charles "Chip" Touhey, Fox, Higgins, marine coordinator Victor Lozano, dog trainer Kim Stahl, Kelley, and Bender.
"The World According to Sawyer" (4:31, SD) is a nifty look at Sawyer's tendency to insults and nicknames. Holloway, Lilly, Fox, Andrews, Monaghan, Yunjin Kim, supervising producer Jeph Loeb, writer/writers' assistant Dawn Lambertsen Kelly, Rodriguez, supervising producer Javier Grillo-Marxuach, and Daniel Dae Kim comment, and we also get head-spinning montages of Sawyer's best lines.
Phase 2: Conditioning begins with The Lost Flashbacks, which this time include "Abandoned: The Wake" (1:29, SD), "Abandoned: The New Au Pair" (1:08, SD) and "Lockdown: Locke's Father" (:49, SD).
There's also a set of nineteen "Deleted Scenes" (22:55 with "Play All" option, SD) and a reel of "Lost Bloopers" (4:05, SD).
Last up in this "phase" is a stylish "Channel 4 UK Promo Directed by David LaChapelle" (1:06, SD).
Phase 3: Conclusion begins with "Lost Connections," which explores the idea of "six degrees of separation" with a video intro followed by an interactive architecture that demonstrates the connections in the series through clips.
"Mysteries, Theories and Conspiracies" (10:17, SD) delves into fan reactions and the varying theories as to what the heck is going on on the island. Interviewees include executive producer J.J. Abrams, Dick, fan Clayton Sasaki, Monaghan, fan Fred Holt, Lindelof, Grillo-Marxuach, Kitsis, Cuse, fan and "Lost Rhapsody" creator Robert Montjoy, fan and "The Fuselage" moderator Karri Phillips, fan and radio DJ Mike Sanders, fan and Lost Notebook website creator Mike Hanttula, writer Christina M. Kim, writer/writers' assistant Matt Ragghianti, fan Chelsie Takasaki, Higgins, Burk, Holloway, Rodriguez, Yunjin Kim, Garcia, Lilly, Daniel Dae Kim, and Fox.
Lastly, "Secrets from the Hatch" (15:47, SD) includes a tour of the hatch set and comments from Cuse, Lindelof, Abrams, Burk, Bender, Spencer, Grillo-Marxuach, and Fox.
Review gear: |
Panasonic Viera TC-P55VT30 55" Plasma 1080p 3D HDTV
Oppo BDP-93 Universal Network 3D Blu-ray Disc Player
Denon AVR2112CI Integrated Network A/V Surround Receiver
Pioneer SP-BS41-LR Bookshelf Speaker (2)
Pioneer SP-C21 Center Speaker
Pioneer SW-8 Subwoofer


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SEI Celebrates a Quarter Century of Leadership
• Article
January 19, 2010—This year, the Carnegie Mellon Software Engineering Institute (SEI) will celebrate its 25th anniversary as a federally funded research and development center (FFRDC). While the Institute celebrates its past accomplishments, it is ready to tackle the new and upcoming technology challenges in software and systems engineering. With the anniversary theme of Driving the Future of Complex Systems, the SEI is prepared to perform cutting-edge research that will continue to transform the way software is developed.
It was late in 1984 that Carnegie Mellon University received word that it had been awarded the U.S. Department of Defense (DoD) contract for an FFRDC focused on research to improve the practice of software engineering as an emerging discipline. The contract established the SEI as one of 10 FFRDCs sponsored by the DoD. In early 1985, the Institute opened its doors.
To put perspective on what was happening in the United States in 1985, the average U.S. household income was $22,650, a movie ticket was $3.55, and a gallon of gas cost $1.09. On TV, we were watching the Cosby Show, Cheers, MacGyver, and Hill Street Blues. In technology, the first .com domain name, symbolics.com, was registered by the Symbolics Corporation; Microsoft released the first version of Windows, Windows 1.0; and compact discs were introduced to American consumers.
The SEI has reason to celebrate its quarter century of leadership, excellence, and growth. Through research performed for the DoD, the SEI moved from its flagship methodology—the Capability Maturity Model Integration (CMMI)—to research advances in software product lines, software architecture, and the establishment of CERT, the world's best known network and computer security program. The SEI has provided organizations worldwide with the knowledge, research, tools and technologies to improve the way to develop software.
"The SEI is a leader in understanding and providing solutions for computer and network security, in software architecture and a leader in software acquisition. Its influence extends across many aspects of society and around the world. We are proud to have SEI as part of our university and I congratulate all who have worked so hard to get to this important anniversary," said Jared L. Cohon, president of Carnegie Mellon University.
Paul D. Nielsen, CEO and director of the SEI stated that the SEI has a great heritage and reputation in the community. "The SEI has led the way in so many different facets of software engineering that have made a dramatic impact in our world today," said Nielsen. "Our core purpose is to improve the state of the art in software engineering and to transition this work to the community. Our work has enabled organizations worldwide to develop more reliable, more secure, and more dependable software."
But, Nielsen said, the SEI's work is just getting started. "Software is everywhere. It is not limited to just computers and military weapon systems. It is part of our everyday life in automobiles, phones, kitchen appliances, and airplanes. But, as technology rapidly changes, the development and use of software is ever changing and growing exponentially. We cannot afford to rest on our past accomplishments, but rather we must look to the future to see how we might be able to resolve challenges in complex systems."
The SEI has renewed its emphasis on research that will enable it to expand its legacy of network and systems survivability. Evaluating research against the current and future demands of the DoD, the SEI will focus on the cyber environment and related technologies to enable organizations worldwide to address cyber intelligence, workforce development, acquisition excellence for software-reliant systems, and flexible systems capabilities.
Current research that will have long-term benefits includes looking at how economic theory and game theory play into the development of software systems and the creation of a concept lab that will explore how social networking technology and software engineering technology need to be designed and operated. The SEI is continuing to lead the way in computer forensics, insider threat and secure coding research. In addition, the SEI best practices in process improvement and performance management continue to be implemented by global organizations.
"We may be 25 years old, but we are only just beginning," said Nielsen. "This is an exciting time to be part of today's technological advances. We look forward to the next 25 years and providing organizations the research, skills, and tools they need to build better, faster, more reliable, and more secure software."


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Student Claims of Abuse Not Reported by Yeshiva U.
A Forward investigation into allegations that two staff members at Yeshiva University High School for Boys' Manhattan campus sexually abused students during the late 1970s and early '80s has led to a startling admission by the university's chancellor: The school dealt with allegations of "improper sexual activity" against staff members by quietly allowing them to leave and find jobs elsewhere.
For years, former students have asked Y.U., the premier educational institution of Modern Orthodox Judaism, to investigate their claims that a former principal had repeatedly abused students in the all-male high school that is part of the university. Another former high school student said Y.U. covered up for a staff member who sodomized him.
Y.U. President Richard Joel said in a statement issued on December 3 that the school was "looking with concern into the questions" the Forward had raised.
But Norman Lamm, who was president of Y.U. from 1976 to 2003 and is now chancellor, indicated in an interview December 7 that he knew about some of the allegations and chose to deal with them privately. In one case, a suspected abuser of high school students was allowed to leave for a position as dean of a Florida school.
No law enforcement officials were ever notified, despite "charges of improper sexual activity" made against staff "not only at [Y.U.'s] high school and college, but also in [the] graduate school," Lamm said. "If it was an open-and-shut case, I just let [the staff member] go quietly. It was not our intention or position to destroy a person without further inquiry."
Asked whether in the case of staff assaulting minors the abuse should have been reported to police, Lamm said. "My question was not whether to report to police but to ask the person to leave the job."
Lamm would not reveal names of the staff members involved. But he stressed that the incidents took place at a time before abuse scandals involving Catholic clergy or schools such as Penn State University, when institutions were ignorant of how to deal with such allegations. "This was before things of this sort had attained a certain notoriety," Lamm said. "There was a great deal of confusion."
Lamm was speaking following a Forward investigation into allegations of sexual assault committed at Y.U. high school's Washington Heights campus by a former Talmud teacher, Rabbi Macy Gordon, and by former principal Rabbi George Finkelstein.
Both men, who currently live in Israel, deny the allegations against them.
Lamm said he had no recollection of accusations made against Gordon, who served at the school for 28 years. But he did remember that Finkelstein was forced out of Y.U.'s high school in 1995 following accusations that he had inappropriate contact with students by wrestling with them in a high school office. Finkelstein, who worked at Y.U. for 27 years, subsequently took a post as dean of the Samuel Scheck Hillel Community Day School, in North Miami Beach, Fla. In 2001, he immigrated to Israel where he became executive director of the Jerusalem Great Synagogue, where he served until stepping aside in November to become the synagogue's ritual director.
"When [the wrestling] came up, [Finkelstein] had decided to leave because he knew we were going to ask him to leave," said Lamm, who at 85 is a revered scholar, rabbi and communal leader. Asked why the university did not inform the Florida school about Finkelstein's behavior, Lamm said: "The responsibility of a school in hiring someone is to check with the previous job. No one checked with me about George."
Y.U., a 116-year-old institution, is perhaps the pre-eminent institution of Modern Orthodoxy, blazing a trail for Joseph Soloveitchik's vision of "Torah Umadda," or "Torah and secular knowledge," the university motto. It includes several undergraduate and graduate schools, such as the Albert Einstein College of Medicine and the Benjamin N. Cardozo School of Law, as well as affiliated institutions such as the Rabbi Isaac Elchanan Theological Seminary and the Marsha Stern Talmudical Academy Yeshiva University High School for Boys.
The very reverence with which the university and its staff is held by so many families made it all the more difficult for students to come forward with allegations of abuse.
One man interviewed by the Forward who asked not to be named said that in 1980, when he was a 16-year-old student at Y.U.'s high school, Gordon visited him in his dorm room after he skipped class.
"I don't really remember exactly how it happened, but he [Gordon] wound up looking to see where I was developing physically," the man, now 48, recalled.
Gordon went through the boy's medicine cabinet and pulled out a bottle of Chloraseptic. He pulled back the boy's bathrobe again and told him, "You have simanim [signs]," and sprayed Chloraseptic on the boy's pubic hair. He then sodomized the boy with a toothbrush.
The man's father, who also did not wish to be named, said he did not report the incident to police because he did not want to hurt his son or to damage Y.U.'s reputation. But the family did lodge an official complaint with the school.
The man's father said he trusted that Israel Miller, a senior vice president of Y.U. in 1980 who died in 2002, would deal with his son's complaint. "We had a lot of ties to Y.U., our family has a lot of ties to Y.U.," the father said, "and at that point we also felt that this kind of exposé would not do [our son] any good, either."
The man and his father said that Miller took detailed notes on the incident and promised that Y.U. would take care of the matter. Instead, Gordon was allowed to stay on staff and to retire a few years later without a blemish on his record.
The man said he does not blame his parents, who were only concerned with protecting him. But he said he does blame Y.U., which appeared only to be concerned with protecting itself.
"When the institution is more important than the people, then what's the point of the institution anyway?" the man said. "It's too late for justice, but it would be interesting to see some of this come to light."
Since moving to Israel in 1985 after divorcing his wife, Gordon has spent much of his working life as a senior officer at the Council of Young Israel Rabbis in Jerusalem. Both Gordon and Finkelstein serve as advisory board members to the council, an affiliate of the American-based, right-leaning Modern Orthodox organization.
The Forward spoke to Gordon on November 28 at the Orthodox Union's Israel Center, in Jerusalem, where he had just completed a lecture on the laws of Sabbath observance.
Gordon said that he had heard "various forms of [the sodomy accusation] before" but had "no recollection of such a thing."
Asked if he had ever behaved inappropriately with students, Gordon said: "It depends on how you define 'inappropriate.' I would occasionally embrace the students, specifically if he (sic) was depressed… I think any teacher would do that. No, there was no inappropriate conduct."
Asked whether there was any contact that could be defined as sexual between him and students, Gordon replied, "I don't think so." Pressed on his response, he said, "To the best of my memory there was not."
Gordon said that he stopped teaching at Y.U. High School in 1984 and was placed on a one-year leave of absence until 1985 so that his children, who were on scholarships, could maintain benefits as offspring of a faculty member. He said that he left Y.U. as well as his post as a pulpit rabbi in Teaneck, N.J., because of his divorce, not because of any allegations of abuse.
He added that his personal circumstances were known to Lamm, who "okayed everything."
Lamm said that he had no recollection of the details concerning Gordon's departure.
The Forward has spoken to three men who say Finkelstein invited them into an office at Y.U. High School or to his home, where he told them to hit him and wrestle with him. The men recalled the overpowering smell of Old Spice cologne as, pinned to the floor, they felt Finkelstein's erect penis brush up against them. Finkelstein also tried to kiss some students and told them that he loved them.
"He was unfit to be an educator on any level," said Simeon Weber, a former Y.U. High School student who lived in a dorm at the school's Washington Heights campus during the late 1970s and who said he was forced to wrestle with Finkelstein.
"I would sleep over [at Finkelstein's house], and he would say to his wife, 'Fredda, Simmy and I, we're going to knock heads.' Then, he would lock the door and wrestle with me," Weber said.
"You could tell what was going on in his pants," Weber added. "It wasn't just a wrestling match."
After Weber left Y.U. High School, he heard that Finkelstein had been promoted to principal from assistant principal. So he took his allegations against Finkelstein to Lamm. But Weber said Lamm refused to act.
"Everybody knew [Finkelstein] wrestled with boys," Weber added. "Nobody cared."
High school staff members also knew of Finkelstein's wrestling habit. Elan Adler, director of the school's dormitory from 1981 to 1986, said at least a couple of boys told him that "Rabbi Finkelstein would wrestle them sometimes," and that "he would sometimes be inappropriately aggressive."
Asked to explain what "inappropriately aggressive" meant, Adler said, "They talked about his hands on private places, but they weren't sure what to make of it; when you wrestle, hands go everywhere."
Adler, who described Finkelstein as "a decent, caring and competent person," said the boys' comments about Finkelstein's wrestling were made during routine discussions about what students had done that weekend, which were common in his role as director of the dormitory.
"I don't recall… anyone complaining per se or asking for advice, or any parent calling and asking any questions or bring[ing] up the subject," Adler said. "I didn't report anything, as there was nothing compelling to report."
Over the years, former Y.U. High School students have detailed what they say is Finkelstein's inappropriate behavior on websites and blogs. Earlier this year, galvanized by the unraveling abuse and cover-up scandal at Penn State University, Mordechai Twersky, a journalist in Israel, published a call for Y.U. to come to terms with its past in Y.U.'s unofficial online student newspaper, The Beacon. Twersky recounted how an unnamed "associate principal" used to wrestle students "to the ground against their will and pin his stimulated body over theirs."
Twersky, who ran Y.U.'s high school newspaper and went on to work in the university's publicity department, is the son of Avram Twersky, a leading Modern Orthodox communal leader in the Bronx for four decades.
"That both perpetrator and victim were fully-clothed, that there was no sexual penetration, does not make this violation, this searing betrayal, any less blasphemous," Twersky wrote in The Beacon. He told the Forward that he was assaulted twice at Y.U. High School and once at Finkelstein's home.
Two weeks later, the man who says he was attacked by Gordon published an anonymous letter in The Beacon, lamenting that Gordon had been able to retire without any recriminations.
Yet Y.U. officials today appear to be treating the Forward's inquiries about accusations against both men as though they have only just heard of them.
Twersky says that is impossible. He said that he first complained about Finkelstein's inappropriate wrestling to Lamm in 1986.
Twersky said he contacted Lamm again in 2000 after the Orthodox world was rocked by a scandal involving Rabbi Baruch Lanner, a leader of the Orthodox Union's National Conference of Synagogue Youth who was outed by the New York Jewish Week newspaper for emotionally and physically abusing boys and girls. A wide-ranging investigation commissioned by the O.U. found that its own officials knew of the allegations against Lanner for years yet did nothing to stop him.
Shocked by the parallels between the Lanner scandal and Y.U.'s failure to act against Finkelstein, Twersky said he sent Lamm a long email in August 2000, asking for compensation and threatening legal action. Lamm said he has no recollection of that email.
Twersky said that several weeks after he sent the email, Y.U.'s vice president, Miller, visited him in Israel. According to Twersky, Miller told him that Y.U. was aware of Finkelstein's behavior. But, Miller said, experts had assured Y.U. that Finkelstein could be treated and remain in his position.
Miller told Twersky that Lamm was prepared to issue an off-the-record apology but Twersky would receive no financial compensation. If Twersky were to commence legal action, "it would not be good for you, and it would not be good for Yeshiva," Miller said, according to Twersky.
Later that year, Twersky said he had a friendly 20-minute conversation with Richard Joel, then the president of Hillel, about Finkelstein.
Joel led the O.U. investigation into the Lanner scandal, which found that the O.U. leaders had made "profound errors in judgment." When Joel was appointed president of Y.U. shortly afterward, Twersky said, he sent Joel an angry email about Finkelstein but he received no reply.
Joel declined to respond to these assertions.
Lamm appeared to struggle for words when discussing the allegations against Finkelstein. He said that his knowledge of Finkelstein's behavior was not "quite as graphic" as details recounted to the Forward and that as far as he was aware, Finkelstein had done "nothing that crossed a red line."
When asked to clarify what he knew about the allegations against Finkelstein, Lamm replied: "The fact that he… he was not just wrestling, but it was actually… you know, what you said. That was not told to me. And not every complaint has to be assumed to be 100% accurate."
Lamm said that anytime he had to dismiss a member of staff — of which there were "quite a number of cases" — he gave the job of investigating allegations to his vice president, Miller. "I had to trust people doing a job, and [I] had a great deal of trust in Izzy Miller," Lamm said.
Reached at his Jerusalem home, Finkelstein admitted that he did "play fight as a way of trying to remove the distance between students and faculty." But, he said, "there was never any sexual anything that was involved." He added: "In retrospect it was wrong, but that's what the boys did with each other."
In the university's statement issued on December 3, Joel said that, if true, the abuse allegations represented "heinous and inexcusable acts." The university advised anyone who needed counseling to contact [email protected].
"The thought that such behavior may have occurred at our boys high school, or anywhere at this institution, at any time in its past is more than sufficient reason to express on behalf of the university my deepest, most profound regret," Joel said.
Although Joel told the Forward on December 3 that he was looking into the abuse allegations, Lamm said on December 7 that no one from Y.U. had yet contacted him to ask about them.
Besides, Lamm said, during the period many of the assaults are alleged to have taken place, about 30 years ago, he was preoccupied by the university's dire financial state. "The question of homosexual relations by teachers or principals… was not that clear, and it was not that significant relative to other things that we were dealing with" at the time, Lamm said.
"We were a sinking ship," he added. "We were very close to going into bankruptcy, and these were matters that occupied a great deal of my time."
Asked whether Y.U. made a mistake by not reporting abuses to the authorities, Lamm replied: "We are all human. Show me anyone who is a human being who has not made a mistake."
But decades later, some former Y.U. High School students remain deeply hurt. Twersky called the lengthy Y.U. statement "empty words."
"It is clearly disingenuous," Twersky said. "It's understandable from an institution that cannot afford to be sued right now and does not want this to blow up… but I also find it offensive."
The man who said Gordon abused him called Y.U.'s statement "a bland, calculated, defensive response that does not acknowledge past wrongs."
He also noted that Y.U. later established a scholarship in Gordon's name.
"As long as the Macy Gordon scholarship exists it will be … a stain on Y.U.," the man said.
Nathan Jeffay contributed reporting from Jerusalem
Contact Paul Berger at [email protected] or follow him on Twitter, @pdberger
Note, December 13: Although the journal The Beacon was affiliated with Y.U. when it launched last year it is no longer affiliated with that institution and its writers are now spread throughout the Modern Orthodox world.


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...In January after the elections, while as leader of the opposition,
[Zionist Union Chairman MK Isaac] Herzog ...publicly endorsed the
consensus policy toward the Palestinians adopted by Professor Shlomo Avineri,
Labor Zionism's foremost intellectual.
Although he emphasized that he remained committed to a separation
from the Palestinians, Avineri maintained that the Oslo Accords were no longer
relevant as the Palestinian leadership refused to accept Israel's right to
exist and considered Israel's destruction a higher priority than achieving
their own statehood. Avineri concluded that under such circumstances, efforts
to implement a two-state solution were delusionary.
Despite bitter protests and condemnations from the radical ranks
of Labor, Herzog publicly identified with this approach, explicitly stating
that there is "no chance of peace in this era." Furthermore, he declared that
the Israel Defense Forces must remain in the West Bank and in the Jordan
Valley. He told French President François Hollande that "hatred and incitement
among the Palestinians" are currently too intense to contemplate implementing a
two-state solution.
Thus, it was a shocking revelation when it was disclosed last week
that, prior to last year's election, at the height of Palestinian incitement
and frenzied calls to "save Al-Aqsa," Herzog was secretly negotiating terms for
a final settlement with the corrupt and degenerate Palestinian Authority.
Through former Deputy Defense Minister Ephraim Sneh, Herzog outlined the
following surrealistic principles which were summarized in a secret letter of
understanding with Palestinian Authority President Mahmoud Abbas and scheduled
to be implemented following the elections.
· Israel would withdraw
to the 1949 armistice lines, i.e., from all of Judea and Samaria, with the
exception of 4% territory swaps enabling Israel to retain portions of the
settlement blocs. Those resident outside these areas would either be
repatriated to Israel or obliged to accept Palestinian rule. Israel would
retain a "symbolic" presence in the Jordan Valley in conjunction with
Palestinian forces.
· East Jerusalem would
become the capital of a Palestinian state with a single municipality acting
under the jurisdiction of both Israel and the Palestinian State.
· The Temple Mount would
be administered by an international force with an Israeli presence at the
Western Wall.
· The Palestinian refugee
issue would be resolved on the basis of U.N. Resolution 194 with a "joint
decision" to accept those wishing to return or accept financial compensation.
The Arabs claim that currently over 5 million people - the original refugees
and their descendants - are awaiting repatriation.
This is simply an extension of the Olmert formula – which was not
approved by the cabinet or the Knesset and rejected by Abbas.
It was surely utterly naïve and politically counterproductive to
extend such unilateral concessions before obtaining a single indication of
reciprocity from the Palestinians. But the worst travesty was the unprecedented
initiative of an opposition leader to furtively engage in foreign affairs
initiatives that conflict with the policies determined by a democratically
elected government. When this is applied toward hostile forces that promote and
endorse terrorism, it could even be considered seditious.
What makes Herzog's behavior even more reprehensible is that all
opinion polls clearly demonstrated that a broad consensus of the nation was
adamantly opposed to further unilateral territorial concessions. Most Israelis
aspire for separation but recognize that unless the Palestinians demonstrate a
willingness to accept the reality of a Jewish state and cease terror
activities, there is no possibility of creating a Palestinian state.
To cap it, Herzog fought an election and failed to disclose to the
electorate that these negotiations had taken place. Today, he admits that had
he won, he had every intention of implementing these policies. Needless to say,
had he disclosed his policy, he would have been decimated at the polls.
A year later, after this sleazy episode has been exposed, Herzog
tries to justify his deceit by suggesting that the entire operation was
designed to persuade Abbas to cease inciting against Jews. The late Prime
Minister Yitzchak Rabin would turn in his grave if he could visualize how a
youngster whom he personally nurtured politically and had become leader of his
party, crossed every one of the red lines he had drawn in relation to
territorial concessions to the Palestinians.
...The somewhat insipid response by the media to these revelations is
a byproduct of our dysfunctional political system, having inured Israelis to
political deceit and made them highly cynical.
Herzog has probably hammered the last nails into the coffin of the
Labor party. Were an election to take place in the near future, it is almost
assured that these misguided initiatives would result in the decimation of the
Zionist Union...
After such duplicitous behavior – both ethically and politically unconscionable – Herzog must resign. The problem, however, is whether his potential replacements will be any better.


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Climate Movement activists (even at NASA) frequently claim that "97%" of qualified experts agree with the basic premise of climate alarmism: that human emissions of carbon dioxide (CO2) are causing a dangerous warming of the earth's climate, which will have severe consequences for mankind and the Earth's ecosystems, unless CO2 emissions are quickly and drastically curtailed.
That "97%" claim is significant, not for what it reveals about the science of climate change, but for what it reveals about the Climate Movement spin machine. It turns out to be a classic example of the Big Lie.
There've been several attempts by climate activists to substantiate a claimed "scientific consensus" on the highly politicized topic of climate change. These are the main ones: ↑
The "97%" claim came from a January, 2009 article by Peter T. Doran about an April, 2008 survey conducted by Prof. Doran's graduate student, Margaret R. K. Zimmerman, of 10,257 Earth Scientists at academic and government institutions, of whom 3146 responded.
(A 2010 paper by Wm Anderegg claims the same conclusion, through a different but equally-flawed methodology.)
Doran's 97% claim is based on the answers to just two questions, both of which were so uncontroversial that even I, and most other climate change skeptics & "lukewarmers," would answer "yes" to them.
Worse yet, 97.5% of those who responded were excluded after their responses were received. Of 3146 responses received, only 79 responses were considered.
Plus, to reach the 97% threshold on the 2nd question, Doran excluded 40% or 50% of the remaining skeptics, i.e., 2 of the 3 respondents (out of 79) who gave "wrong" answers to the first question.
76 of 79 (96.2%) answered "risen" to the first question: "When compared with pre-1800s levels, do you think that mean global temperatures have generally risen, fallen, or remained relatively constant?"
Two of the 79 apparently answered "remained relatively constant" to the first question, so they were not asked the second question, and Doran did not count them among the skeptics when calculating his 97%. 75 of the remaining 77 (97.4%) answered "yes" to the second question: "Do you think human activity is a significant contributing factor in changing mean global temperatures?"
That means only 74 or 75 of 79 (93.7% or 94.9%) answered both "risen" to the first question and "yes" to the second question.
And that's in spite of the fact (3146-79) / 3146 = 97.5% of the respondents were excluded after the responses were received.
Plus, neither of the two questions actually addressed anthropogenic global warming!
The first question asked respondents to compare current temperatures to the depths of the Little
Ice Age ("pre-1800s"), and asked whether it's warmer now. Well, of course it is! What's remarkable is
that they didn't get 100% agreement.
The second question asks whether any human activities significantly affect global temperatures. That encompasses both GHG-driven warming and particulate/aerosol-driven cooling. It could also be understood to include Urban Heat Island (UHI) effects.
Since just about everyone acknowledges at least one of those effects, I would have expected nearly everyone to answer "yes" to this question. Yet 2 of 77 apparently did not.
It is unfortunate that they didn't ask an actual question about Anthropogenic Global Warming. They should have asked something like, "Do you believe that emissions of CO2 from human activities, such as burning fossil fuels, are causing dangerous increases in global average temperatures?" or (paraphrasing a politician) "Do you believe that climate change is real, man-made and dangerous?"
Note: If you read the Doran article, you might wonder whether they actually did ask a question like that, because the Doran article mentions that "up to nine" questions were asked, but never tells us about the other seven. So I bought the Zimmerman report, to find out. It turns out that other questions were mostly just about demographics. These were the nine questions:
Q1. When compared with pre-1800's levels, do you think that mean global temperatures
have generally risen, fallen, or remained relatively constant?
1. Risen
2. Fallen
3. Remained relatively constant
4. No opinion/Don't know
Q2. Do you think human activity is a significant contributing factor in changing mean global
temperatures? [This question wasn't asked if they answered "remained
relatively constant" to Q1]
1. Yes
2. No
3. I'm not sure
Q3. What do you consider to be the most compelling argument that supports your previous
answer (or, for those who were unsure, why were they unsure)? [This
question wasn't asked if they answered "remained relatively constant" to Q1]
Q4. Please estimate the percentage of your fellow geoscientists who think human activity
is a contributing factor to global climate change.
Q5. Which percentage of your papers published in peer-reviewed journals in the last 5 years
have been on the subject of climate change?
Q6. Age
Q7. Gender
Q8. What is the highest level of education you have attained?
Q9. Which category best describes your area of expertise?
There's a very fundamental flaw in Doran's approach:
"To test consensus position on a particular topic of science, correct methodology requires genuine experts of that very field to be excluded from the poll.
"If you wanted to know, for example, [whether] homeopathy was science or pseudoscience, [to decide if] it deserved financial support from government on taxpayer's money, you'd never ask a group of homeopaths if they believed substances diluted until not a single molecule of the supposed agent remained in them had still beneficial effect, would you? Even if you would and found 98% consensus on this issue among them, it would be utterly meaningless.
"On the other hand, asking experts of neighboring disciplines like doctors, pharmacologists, biologists, nurses and the like makes sense.
"It is the same with climatology. As soon as the scientific value of the basic paradigm of a field, in this case fitting multiple computational models of high complexity to a single run of a unique physical instance, is questioned, it is up to experts of neighboring fields to decide its validity. They may not be able to do their own research in that field, but they do have ample background to understand and evaluate the methods applied in the field in question."
- Berényi Péter 2/17/2013
"Neighboring disciplines" of climatology are fields like meteorology, physics and geology. (Meteorologists are particularly well-equipped to recognize the difference between climate and mere weather.) So what do scientists in neighboring disciplines think of the climate scare?
Outside of academia and government institutions, surveys of scientists reveal widespread skepticism toward climate alarmism. Here are some examples:
"27.4% believe it [climate change] is caused by primarily natural factors..., 25.7% believe it is caused by primarily human factors..., and 45.2% believe that climate change is caused by both human and natural factors." ↑
"There is no convincing scientific evidence that human release of carbon dioxide, methane, or other greenhouse gasses is causing or will, in the foreseeable future, cause catastrophic heating of the Earth's atmosphere and disruption of the Earth's climate. Moreover, there is substantial scientific evidence that increases in atmospheric carbon dioxide produce many beneficial effects upon the natural plant and animal environments of the Earth." ↑
"97% agree that 'global average temperatures have increased' during the past century. But not everyone attributes that rise to human activity. A slight majority (52%) believe this warming was human-induced, 30% see it as the result of natural temperature fluctuations and the rest are unsure." ↑
May, 2013 brought another attempt by Climate Movement activists to revive their discredited "97% consensus" claim. But this time, the author, John Cook, didn't count scientists, he counted papers, and announced that 97% of relevant climate science papers "endorsed the consensus position that humans are causing global warming."
But to reach that conclusion, Mr. Cook had to use an overly broad definition of the "consensus," discard over 2/3 of the climatology papers he examined, and mischaracterize many of the rest, among other irregularities. Jo Nova has written a very good summary, and Richard Tol a more thorough examination of the problems in that discredited paper.
The Guardian ran an article by Dana Nuccitelli attempting to defend the indefensible; Richard Tol's comment on that article was devastating.
Mr. Cook's main data file is here (in various formats):
txt/csv (original),
Excel spreadsheet and
HTML spreadsheet.
H/t to Brandon Shollenberger (old blog here) for saving & mirroring 59 internal "ratings files" before Mr. Cook deleted them from his server; I've saved copies of them here.
For more details see:
In 2015 researchers in The Netherlands and Australia actually made a serious attempt to survey scientists about their views on climate change, rather than simply conduct an exercise in propaganda generation.
Unfortunately, they made a glaring methodological error: they biased their sample by restricting it to practicing climate scientists, rather than including scientists from neighboring disciplines. Nevertheless, their survey is the most comprehensive and informative to date.
Their first question asked to what extent human greenhouse gas emissions are responsible for the Earth's warming trend since the mid-20th century. They found that 65.9% of the respondents believe that human GHG emissions are responsible for at least 51% of the warming trend since the mid-20th century.
Their survey was very long; for more details you may read their report, here.
Dave Burton
March 1, 2012
Revised & extended 7/23/2012, 10/24/2012, 4/7/2013, 6/18/2013, 12/10/2013, 2/4/2014,
3/3/2014, 5/19/2014, 6/6/2014, 7/4/2014, 7/11/2014, 7/12/2014, 7/22/2014, 7/27/2014,
9/8/2014, 10/16/2014, 1/7/2015, 3/26/2015, 4/15/2015, 4/18/2015, 11/3/2015, 1/20/2017,
1/5/2018, & 4/23/2022.
Permalink: http://www.sealevel.info/97pct or http://tinyurl.com/Clim97pct


text:
Range/Stove Repair
Oven repair Tips
If your element is not heating up and nothing else on the oven, cooktop, or range is working then check the fuse or circuit breaker and test for power. If the power is on and the unit is getting power and you have standard surface burner element, test the surface burner and the burner switch. If you oven temperature doesn't appear to be correct, make sure the controls are set properly and that the oven selector switch is set right and that the temperature switch is set to the desired temperature. Then test for voltage, there may be a problem with the oven thermostat or oven elements, call a Fuse Appliance Repair for repair your stove. And remember that your working with 220 volts, use extreme caution!
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text:
Arrow Season 2 Episode 15 : The Promise
Oliver is shocked when he learns that Slade has come to Starling City. Back on the island, as Oliver, Slade and Sara prepare to take over the freighter from Ivo, Sara pulls Oliver aside and tells him he needs to kill Ivo to prevent him from telling Slade what happened with Shado. Oliver feels immense guilt over the situation but realizes Slade's growing rage from the Mirakuru makes him unpredictable and he could turn on his friends if he thinks O...
Episode Guide
Season 01
Season 02
Season 03
Season 04
Season 05
Season 06
Season 07
Season 08


text:
SINGAPORE --- Mark Whalen opens a solo show in Singapore tonight, Dec 11th at Future Perfect that runs through the weekend. If you're not in Singapore (not sure how many of our readers are) then enjoy his newest works online here.
LOS ANGELES -- Oh, and if you're in Los Angeles, Mark Whalen will also be opening Vessel at The Box and Lobby at The Standard, Hollywood Thursday, December 12 7pm.
As an extension of his painting practice, Mark Whalen takes his cue from these traditions to present a series of pictorial ceramic vessels for a site-specific installation at The Standard, Hollywood.


text:
Media Digest (12/5/2012) Reuters, WSJ, NYT, Bloomberg
The Federal Reserve will begin a new round of bond buying in hopes of stimulating the economy. (Reuters)
China shares reached a quarter-long high as government policy initiatives buoy investors. (Reuters)
Nokia Corp. (NYSE: NOK) will release its new Lumia smartphone with China Mobile Ltd. (NYSE: CHL). (Reuters)
Yahoo! Inc. (NASDAQ: YHOO) buys a video chat start-up company. (Reuters)
Netflix Inc. (NASDAQ: NFLX) sets a new movie distribution deal with Walt Disney Co. (NYSE: DIS). (Reuters)
The SEC investigates sales of stock by Big Lots Inc. (NYSE: BIG) CEO Steven Fishman. (WSJ)
Tesco Corp. (NASDAQ: TESO) will leave the U.K. market after large financial losses. (WSJ)
The Big Three have more unsold cars because of the success of Japanese in the small vehicle market. (WSJ)
U.S. oil output is near a 15-year high. (WSJ)
Facebook Inc. (NASDAQ: FB) will joint the Nasdaq 100. (WSJ)
Verizon Communications Inc. (NYSE: VZ) is replacing damaged cooper wire with fiber. (WSJ)
The failure of the Thomson Reuters Corp. (NYSE: TRI) business prompts the head of the family that owns it to get more involved. (WSJ)
Pandora Media Inc.'s (NYSE: P) shares drop as it posts poor earnings and a weak forecast. (WSJ)
Darden Restaurants Inc. (NYSE: DRI) says marketing did not increase traffic from consumers with tight budgets as its financial results faltered. (WSJ)
Canadian Pacific Railway Ltd. (NYSE: CP) will cut 4,500 jobs. (WSJ)
Intel Corp. (NASDAQ: INTC) will borrow $6 billion to increase its share buybacks. (WSJ)
A mechanical problem forces a Delta Air Lines Inc. (NYSE: DAL) Boeing Co. (NYSE: BA) 787 Dreamliner to make an emergency landing. (WSJ)
Qualcomm Inc. (NASDAQ: QCOM) will make a $120 million investment in Sharp. (WSJ)
Zynga Inc. (NASDAQ: ZNGA) will bundle its games with cable TV offerings. (WSJ)
Apps hurt the amount charged by carriers for texts. (NYT)
Europe's finance ministers disagree on how to set a central bank authority. (NYT)
John Paulson's hedge fund posts losses due to a worsening financial picture in Europe. (Bloomberg)
Douglas A. McIntyre
Filed under: 24/7 Wall St. Wire, Press Digest Tagged: BA, BIG, CHL, CP, DAL, DIS, DRI, FB, INTC, NFLX, NOK, P, QCOM, TESO, TRI, VZ, YHOO, ZNGA


text:
Add to Lightbox DownloadRiver banks are under water as Seine river keep on rising in Paris, France on January 25, 2018. The River Seine continued to rise in Paris on Thursday as it headed toward the 6-metre mark. The capital's famous museums were taking emergency measures and transport authorities said part of a major train line would remain closed for a week. Heavy rains have lashed France for days, leaving 30 departments across the country on flood alert. Some towns and villages in the east are already inundated, leaving homes and shops filled with muddy water. The Seine, running through the centre of the French capital, had already burst its banks in some places Monday, growing into a powerful muddy torrent that has submerged riverside parks and footpaths. Photo by Christian Liewig/ABACAPRESS.COM
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