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Contract can be formed by company's actions, High Court rules
Bad news for oil company fighting over typo in written freighting contract
The actions of two companies can lead to a binding contract being formed even if there is a mistake in the terms of the contract itself, the High Court has ruled.
The High Court determined that a contract had existed between Statoil ASA and TTMI Sari because Statoil had paid TTMI for delivering its freight – even though there was no such written agreement between the companies.
TTMI had chartered a ship to carry cargo and brokers set about constructing a sub-contract agreement with Statoil to pick up and deliver their freight on the way. A mistake was made in writing the contract when a broker wrongly named TTMI's then parent company Sempa Energy as the contractor instead of TTMI, the court ruling said.
"I have concluded that, objectively viewed, a contract was formed between them," Mr Justice Beatson said in the High Court ruling.
"I refer in particular to the combination of the fact that TTMI instructed the vessel to take on Statoil's cargo, the Notices of Readiness which were accepted on behalf of Statoil's managing agents identified TTMI as the time charterer, the full performance of the voyage, the demand that freight be paid to TTMI in terms which stated the 'total amount due TTMI' and requiring payment to TTMI's bank account, and the payment of the freight by Statoil to TTMI," the judge said.
TTMI had appealed an original decision taken by an arbitrator that rejected its claims that Statoil were bound by a contract between the companies.
Further matters will now be determined by an arbitrator. An underlying dispute exists between TTMI and Statoil over who is responsible for fees of more than $322,000. The fees were incurred as demurrage, the charges that a contractor pays to the owner of a ship for extra use of its vessel.
Copyright © 2011, OUT-LAW.com
OUT-LAW.COM is part of international law firm Pinsent Masons.


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Leonard F. Gengel is a brash, confident doer who persevered against odds to build an orphanage far from his family's Holden home after his teenage daughter, Britney, died in an earthquake here three years ago.
Saturday, at the morning dedication of the Be Like Brit Orphanage on a Haitian mountainside, Mr. Gengel broke down as he spoke to a Haitian and American crowd of more than 100 of seeing Britney's eyes for the first time on the day of her birth.
"Now I know that when those children walk into this orphanage, Britney's spirit will live and I will see those beautiful eyes again," Mr. Gengel, 52, said as he choked back a sob.
The hourlong ecumenical ceremony ended with a collective singing of the spiritual "Oh Happy Day," led by a choir of Haitian teenagers, with Mr. Gengel and his wife, Cherylann, singing and swaying along with the visitors.
Meanwhile, five pastors, including two Roman Catholic priests from the U.S., a minister and professor from Becker College in Worcester, and a Haitian evangelical preacher and a Haitian Catholic priest, stood hand in hand before a wooden cross as the audience members all held hands.
There was a sense of bittersweet sadness — a recognition of the destructive power of tragedy coupled with the capacity to overcome grief with hope that the Gengels have demonstrated, many who have helped them in their venture have observed.
With Mr. Gengel's Haitian construction supervisor, Kervince "Gama" Parayson, a former Athol resident, translating in the local Creole language, Mrs. Gengel remarked on this contradiction.
"It's a day of mixed emotions. It's a day of crying. I'm so proud of my husband and all he has accomplished," she said of Mr. Gengel, an accomplished builder of many upscale homes in Central Massachusetts over the last two decades. "Today's a day for being grateful."
The orphanage's formal opening in this coastal town about 70 miles southwest of the Haitian capital, Port-au-Prince, came nearly three years after Britney died in the wreckage of the Hotel Montana in Port-au-Prince on Jan. 12, 2010.
The Gengels' nonprofit, Be Like Brit, has raised about $2 million for construction. The couple's book, "Heartache and Hope in Haiti: the Britney Gengel Story," was released this week, and a members group of about 70 Americans — including many Gengel family relatives, were handed copies as they boarded planes in Boston, Newark and Miami Friday for flights here.
The entire group slept in bunk beds — two to six to a room — in the 11 children's rooms in the orphanage. The building has more than 35 rooms altogether, including common areas, an apartment, kitchen, playrooms, and meeting spaces and dorms for visiting volunteers, academics, medical personnel and others.
The orphanage is equipped with a nanotechnology water filtering system, about 80 room fans and a modern septic system — all rarities in Haiti. The orphanage also distributes free, clean water daily to neighbors in the hillside community of Icondo, named after the mountain on which the building stands surrounded by 15-foot security walls topped with shards of embedded glass.
Britney was in Haiti with a group from Lynn University in Boca Raton, Fla. Three other Lynn students and two faculty members died that day. Two students who survived the quake at the iconic hotel, where Bill and Hillary Clinton honeymooned, are with the group of Americans who are visiting the orphanage.
Saturday afternoon, Mr. Gengel led visitors to this town's fishing village, where Britney was scheduled to go with the Florida-based nonprofit aid group, Food for the Poor, the day after her death.
Joshua Steinwand, 38, a nephew of Mr. Gengel and Worcester native who lives in Boston, said after returning from the foray to the fishing village that Britney's trip to Haiti and experience volunteering with orphans here was as much a part of her personality as being a fun-loving 19-year-old.
"It was in character for her," Mr. Steinwand said. "She was always a caring person. She was a normal person, but she was good to everyone."
The dedication ceremony, Mr. Steinwand said, had less of a tragic feeling than many of the events he has been to for Britney.
"This was more hopeful," he said. "It was nice."
The biggest challenge now, said the Gengels and their newly hired orphanage director, Jonathan LaMare, 34, is recruiting the children who will populate the orphanage.
Haitian government officials recently have talked about cracking down on substandard orphanages amid general concern in the country about parents purposely giving their children to orphanages in the belief they will be better cared for.
"We don't want to take children who have a family. We don't want to break up families," Mr. Gengel said on the bus ride from Port-au-Prince to Grande Goave. "That's not why we're doing this."
Mr. LaMare, a former sociology professor at the State University of New York in Plattsburgh who helped run an orphanage in Rwanda, said BLB's strategy will be to take things slowly and add a few children at a time. Initially, the range of ages will be from 3 to 8.
"If there's one thing I learned working in Rwanda and here is nothing goes the way you plan it," he said. Mr. LaMare has a three-year contract and plans to take three or four "rest and relaxation" breaks a year during what will otherwise likely be a seven-day-a-week job.
A Westminster couple who are co-directors of the orphanage's medical clinic, Dr. Gregory Ciottone and his wife, Amalia, a trauma nurse, along with Susan Johnson, professor of nursing at Quinsigamond Community College in Worcester, were along for the trip.
Dr. Ciottone, director of Harvard University Medical School's disaster relief section, noted in an interview that Haiti's grossly inadequate sanitation infrastructure is a direct cause of some of the nation's health epidemics such as cholera, malaria and dengue fever.
During the American visitors' bus trip along Haiti's National Route 2, Dr. Ciottone pointed to dried-out stream- and riverbeds, strewn with trash, with goats, pigs and even emaciated cattle picking through the garbage as children played in the water.
"That's a petri dish for bacteria," Dr. Ciottone said.
Ross Pentland, 25, another of Mr. Gengel's nephews, spent four months in Haiti in 2011 helping to jump-start construction of the sprawling concrete building, which is expected to house 66 boys and girls.
Mr. Pentland, a Holden native now living in Florida, said it has been "pretty eye opening" to see the freshly painted building, with its sweeping view of the sea and the town in the valley below, finally completed.
A top U.S. embassy official, consul general Jay Smith, was on hand for the dedication, along with U.S. Rep. James P. McGovern, D-Worcester, who led Mr. Gengel and other family members of quake victims into Haiti 11 days after the disaster.
"You've managed to take this tragedy and turn it into a sort of triumph of the human spirit," Mr. Smith said, addressing the Gengels and their sons, Bernie, 20, and Richie, 17, who sat on the small stage behind him in a bright open courtyard.
"You make me proud to be a representative of the American people," Mr. Smith said.
The Rev. Debra Pallatto-Fontaine, a United Church of Christ minister and professor of teacher education and family studies at Becker, blessed the building.
"Creator God, we ask your blessing upon this space and for the parents, Len and Cherylann," she said.
Now that the orphanage-building project is 99 percent complete (the Gengels plan to add soccer fields and finish some interior details) Mr. Gengel, in an interview, said he plans to do more building.
In the short term, he said, he intends to use visiting college volunteers and others to build small nearly earthquake-proof homes in the orphanage neighborhood for locals who can show a deed to land.
He and friends have already built a few and they plan to replicate the model, which takes a small group about a week to put up.
"Our focus is this community," Mr. Gengel said.
Contact Shaun Sutner by email at firstname.lastname@example.com and on Twitter at @ssutner.

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May 2012 got off to a rollicking start when The Avengers opened to a record-breaking $207.4 million, though business quickly stalled from there. In fact, The Avengers wound up accounting for 52 percent of domestic earnings in May, which is easily a new record for highest monthly share ahead of 2002's Spider-Man (37.4 percent). Because the rest of the releases were middling at best, the $1.024 billion overall tally ranks second all-time in May behind last year's $1.038 billion.The Avengers was really the only major success story in May. The blockbuster not only set an opening weekend record, but also had the best second weekend ($103.05 million) and second-highest third ($55.6 million) and fourth ($36.7 million) weekends as well. Through four weeks in theaters, the movie has amassed an incredible $532.5 million at the domestic box office, which is by-far the highest four-week tally ever ahead of The Dark Knight's $454.7 million. In fact, on the first day of June The Avengers is set to pass The Dark Knight's $533.3 million total to become the third-highest-grossing movie ever, and it should finish its run around $600 million. The best of the rest was MIB 3, which earned $83 million through just seven days in theaters. That's a fine figure, but it's still off from Men in Black II ($99 million) and the first Men in Black ($98.4 million) at the same point (and that's with a decade of ticket price inflation and the addition of 3D). Dark Shadows placed third with $67 million, which is decent for a gothic horror comedy but not very good for a Tim Burton/Johnny Depp collaboration. It is higher than Sweeney Todd: The Demon Barber of Fleet Street's entire run ($52.9 million), but the movie is going to wind up at a tiny fraction of Alice in Wonderland and Charlie and the Chocolate Factory. While Dark Shadows was unimpressive, the award for biggest disaster easily goes to Battleship. The board game adaptation earned just $50.3 million through its first two weeks, which is less than star Taylor Kitsch's other 2012 bomb, John Carter, made through the same point ($57.3 million). Battleship could wind up around $70 million, and it's buoyed a bit by decent international grosses, but it's still a huge debacle given its $209 million budget and usually crowd-pleasing alien invasion story. The Dictator rounded out the Top Five with $46.1 million. That's way behind Sacha Baron Cohen's Borat and a bit off from Bruno, though it could get close to Bruno's $60.05 million total by the end of its run. The other two major releases from May weren't very successful, either. What to Expect When You're Expecting has only grossed $26.3 million, which pales in comparison to most pregnancy comedies. Oren Peli-produced horror flick Chernobyl Diaries scared up a meager $11.4 million through its first week, which is lower than practically all Summer horror movies. Aside from The Avengers, the month's other bright spot came from the specialty market. Following three solid weeks in limited release, The Best Exotic Marigold Hotel expanded nationwide over Memorial Day and has so far earned $20.9 million. Assuming it holds up well at its current locations, it should finish around $40 million.Moonrise Kingdom was the other specialty stand-out: Wes Anderson's latest scored the best per-theater average ever for a live action movie ($130,749) when it opened at four theaters over Memorial Day weekend. Considering Anderson's general appeal and Focus Features' expertise with handling such movies, Moonrise should be in for a very healthy box office run. Year-to-date box office is at $4.34 billion, which is up over 10 percent from the same period last year. It's only running a bit ahead of 2010, though that was a very front-loaded year, and 2012 remains well-positioned to set a new yearly box office record. Related Stories• 'Hunger Games' Tops Average April• March 2012 Easily Sets Record• 'The Vow,' 'Safe House' Lead Record-Breaking February• January 2012 Improves on Atrocious Start to 2011• Sequels, 3D Can't Save 2011• November Box Office Down Slightly• Box Office Slows in October• 'Lion King' Leads Record-Breaking September• August Box Office Rises and Falls• July Breaks Box Office Record• June Sees Box Office Dip• May Posts Record GrossRelated Charts• May Calendar Grosses• 2012 Grosses (2012-only releases)• Year-to-Date Comparison
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Society & Culture Website Templates
We have a collection of 36 designs in this area!
Get with it using these society and culture website templates. These modern, social, appealing templates are ready for everything from strip clubs, night clubs, dance clubs, bars, and restaurants, to funerals and birthday parties. You have enough to do planning your social event, let these social and culture website templates do something for you!
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"The English definition for Macula is a central area of the retina that is rich in cones and that mediates clear detailed vision. The Latin definition for Macula is a stain, mark, spot/blemish, fault, and flaw. A combination of the two definitions is a representation of the artwork that I have created. Art can be considered a clear detailed vision for the artist but may also be perceived as flawed by the viewer, which enhances its uniqueness. "
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For the full map of all geotags see our global geotag map
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The guys over at 18YearsOld.com shoot these videos themselves. In other words, you won't find these videos anywhere else except at their site. The videos are awesome quality, shot in HD! Each video runs about 50 to 60 minutes long. When a website shoots their own content, it means that you as a customer can tell them what you like, and actually see it happen. These guys are incredibly responsive to feedback. Its a true, unique website where they actually care, and if you decide to spend the $4.95 to join as a member, you are going to get your money's worth. Check out the tour to get a glimpse of all the girls they have:
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All models are 18 or older and all of the images on this site are in compliance with 18 U.S.C. 2257 of US Federal law.


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Grape seed extract is one of the most potent antioxidants found in nature. Grape seed extract contains a special class of water-soluble bioflavonoids called proanthocyanidins. These compounds help fight free radicals, the loose oxygen particles that can damage cells.
Studies have shown the antioxidant activity of these specific bioflavonoids is 20 to 50 times greater than Beta-Carotene or Vitamins C and E at scavenging specific free radicals. Free radicals are incomplete atoms or molecules that are the natural by-products of everyday metabolic, detoxification, and immune system processes. Overabundant amounts of free radicals in the body.
Antioxidants like grape seed extract are the body's natural defense system against these substances. Antioxidants are molecules that can safely neutralize free radicals, promoting cell health. The proanthocyanidins found in grape seed extract have also been shown to help promote the structural strength of blood vessels, help stabilize collagen, and maintain elastin. Collagen and elastin are two proteins found in connective tissue that support organs, joints, and muscles.
By nourishing blood vessel walls and performing other renewing functions, grape seed extract helps promote healthy blood pressure levels, heart health, and a proper inflammation response.


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Budget Agreement
Safeguarding Student Privacy
Commencement Challenge
One Million Volunteers
Odds and Ends
Quote to Note
Upcoming Events
Budget Agreement
On Friday evening and in his Saturday weekly address, President Obama discussed the bipartisan budget agreement that averted a government shutdown, cuts spending, and invests in the future.
"This is good news for the American people," the President said in his weekly address. "This is an agreement to invest in our country's future while making the largest annual spending cut in our history. Like any compromise, this required everyone to give ground on issues that were important to them. Some of the cuts we agreed to will be painfulprograms people rely on will be cut back; needed infrastructure projects will be delayed. I would not have made these cuts in better circumstances. But, we also prevented this important debate from being overtaken by politics and unrelated disagreements on social issues. And, beginning to live within our means is the only way to protect the investments that will help us compete for new jobsinvestments in our kids' education and student loans; in clean energy and medical research."
The deal, which finances the federal government through September 30, cuts spending by $78.5 billion from the President's Fiscal Year 2011 budget request and is $37.6 billion below FY 2010 enacted levels. Funding levels for certain agency programs are specified; the Department is determining funding levels for remaining agency programs. Key education programs, including Title I grants to school districts ($14.5 billion) and special education grants to states ($12.3 billion), are approximately level-funded. (All domestic discretionary programs are reduced by 0.2% due to an across-the-board rescission.) The maximum Pell Grant award will stay at $5,550. There is also new funding for innovative programs, with approximately $700 million for a new round of Race to the Top (with a priority on early childhood education), $150 million for another round of Investing in Innovation (i3) grants, and a $20 million increase for the Promise Neighborhoods program.
Addressing Sexual Violence
Last week, Vice President Biden and Secretary Duncan introduced comprehensive guidance to help schools, colleges, and universities better understand their obligations, under federal civil rights laws, to prevent and respond to the problem of campus sexual assault. The guidance (announced at the University of New Hampshire, which has demonstrated a strong commitment to fighting sexual assault) makes clear the obligations under Title IX of any educational institution receiving federal aid to respond promptly and effectively to sexual violence. It also provides practical examples to aid educators in ensuring the safety of their students.
Under Title IX, a federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities, discrimination may include sexual violencesuch as rape, sexual assault, sexual battery, and sexual coercion. This guidance is the first to specifically advise schools, colleges, and universities that their responsibilities under Title IX involve protecting students form sexual violence. It also details enforcement strategies that schools and the Department's Office for Civil Rights (OCR) may use to end sexual violence, prevent its recurrence, and remedy its effects.
For 20 years, the Vice President has led the fight to combat violence against women. As the lead author of the landmark Violence Against Women Act (VAWA) of 1994, then-Senator Biden exposed high rates of domestic violence, sexual assault, and stalking experienced by women every day in this country, redefining the way domestic violence is handled via changes in law enforcement, improvements in the criminal justice system, and the establishment of shelters and services for victims. Yet, in spite of the major progress made since the passage of VAWA, the threat of violence and abuse continues for a new generation of women. Women aged 16-24 experience the highest rates of rape and sexual assault, while 1 in 5 will be a victim of sexual assault during college. The Administration is fully committed to raising awareness and promoting policies to prevent sexual violence against women of all ages. (Note: Related resources include a fact sheet and a "Know Your Rights" two-pager.)
Safeguarding Student Privacy
This week, the Department announced a series of initiatives to safeguard student privacy while also clarifying that states have the flexibility to share school data that are necessary to judge the effectiveness of government investments in education. Over time, interpretations of the Family Educational Rights and Privacy Act (FERPA) have complicated valid and necessary disclosures of student information without increasing privacy protections and, in some cases, dramatically decreased the protections afforded students. To help strike a balance between student records privacy and data availability, Secretary Duncan has taken the following steps:
- Chief Privacy Officer. Kathleen Styles joins the Department from the U.S. Census Bureau, where she most recently served as Chief of the Office of Analysis and Executive Support. She will serve as senior advisor to the Secretary on all of the agency's policies and programs related to privacy, confidentiality, and data security. She will also lead a new division dedicated to advancing the responsible stewardship, collection, use, maintenance, and disclosure of information at the national level, and she will coordinate technical assistance efforts for states, districts, and other stakeholders, helping them understand important privacy issues.
- Privacy Technical Assistance Center. The center has been established in the National Center for Education Statistics (NCES), which is part of the Department's Institute for Education Sciences (IES). It will serve as a one-stop resource for the P-20 community on privacy, confidentiality, and data security. It will also develop a toolkit, a library of resources, and checklists for data governance plans, as well as provide technical assistance site visits to states and coordinate regional meetings to share training materials.
- Technical Briefs Featuring Best Practices. NCES has launched a new series of technical briefs that further the national conversation on the best practices of data security and privacy protections. The briefs are intended to serve as resources for practitioners to consider adopting and/or adapting to complement the work they are already doing. A number of briefs have already been released and are posted online.
In addition, the Department has released a Notice of Proposed Rulemaking (NPRM) under FERPA. The proposed regulations would give states the flexibility to share data to ensure that taxpayer funds are invested wisely in effective programs and increase accountability for institutions that handle FERPA-protected records. The public has until May 23 to submit written comments at Regulations.gov.
Commencement Challenge
The White House has announced six high schools as finalists for this year's Race to the Top High School Commencement Challenge. Over the next few weeks, each school's students will work closely with the Get Schooled Foundation to create a short video highlighting how their school best fulfills the challenge's criteria. The six videos, along with portions of each school's written application, will be featured on the White House's web site, and the public will have the opportunity to vote for the three schools they think best demonstrate a commitment to preparing students for college and a career. The President will select a winner from the three finalists, visiting the school to deliver the commencement address later this spring. Senior officials will attend the commencements of the runner-up schools.
One Million Volunteers
The United Way Education Town Hall, held March 31 at Trinity University in Washington, D.C., was broadcast live over the Internet and is available for viewing here. During the event, United Way Worldwide President Brian Gallagher announced his organization's commitment to recruit one million readers, tutors, and mentors to enhance the education and lives of young people. CNN's Soledad O'Brien, the event moderator, interviewed Domestic Policy Advisor Melody Barnes and Secretary Duncan, and staff from the Department's Center for Faith-Based and Neighborhood Partnerships and the Corporation for National and Community Service were leading participants.
Odds and Ends
More states have been approved under the School Improvement Grants (SIG) program to receive fiscal 2010 funding to turn around their persistently lowest-achieving schools. Four states were approved on April 1, and 11 states were approved on April 8. Also, at the National 4-H Youth Conference, the Secretary said the formation of partnerships with public and private groups, such as the 4-H and land grant university extensions, "provides the best chance for rural areas to turn around their lowest-performing schools and keep children from dropping out."
On April 4, Secretary Duncan and nearly 150 presidents and other leaders from Hispanic-serving institutions gathered at the Hispanic Association of Colleges and Universities' National Capitol Forum to discuss initiatives to ensure greater college access and completion for the nation's Latino population.
On April 8, in New Orleans, the Secretary delivered remarks at the Education Writers Association's National Seminar and hosted two events: a panel discussion highlighting the work of New Schools for New Orleans and the Recovery School District and a town hall to promote the TEACH Campaign.
At the second annual meeting of Parenting magazine's Mom Congress (April 12), the Secretary urged parents to demand better results from the country's educational system. "Your voice, your passion, your fierce advocacy is what the country has been missing," he stated. He called upon parents to be part of the solution and offer suggestions on how we can work together to close achievement gaps and improve student learning.
A reminder: mid-May is the deadline for submission of applications under several grant competitions, including the Striving Readers Comprehensive Literacy Program (May 9), the Carol M. White Physical Education Program (May 13), and the Advanced Placement Incentive Program (May 16).
NCES's "America's High School Graduates" transcript study presents information on the types of courses that high school graduates in the Class of 2009 took during high school, how many credits they earned, what grades they received, and how their coursetaking patterns related to performance on the 2009 National Assessment of Educational Progress (NAEP) math and science assessments, while NCES's "Digest of Education Statistics, 2010" provides a compilation of statistical information covering the field of American educationfrom pre-kindergarten through graduate schooldrawn from government and private sources, especially from surveys and other activities led by NCES.
The tenth edition of "Beating the Odds," from the Council of the Great City Schools, examines the academic progress of 65 urban school systems in 36 states and the District of Columbia, noting measurable gains from 2007 to 2010 in fourth- and eighth-grade reading and mathematics scores on state assessments and presenting some evidence that achievement gaps may be narrowing.
Earth Day (April 22) is fast approaching. The Environmental Protection Agency's Earth Day web site offers resources on how to be more environmentally friendly, including lesson plans for teachers. Also, there is an interactive map to help you find Earth Day activities in your community where you can attend an event or volunteer.
Quote to Note
"The Department maintains its commitment to education, employment, and equality for all individuals on the autism spectrum. In addition to the 300,000 children on the autism spectrum receiving services under the Individuals with Disabilities Education Act (IDEA) and 6,435 individuals with autism participating in vocational rehabilitation programs, federal grants fund research, technical assistance, and both family and personnel support to benefit those with autism and their families. April is also designated as National Autism Awareness Month. We encourage everyone to spend time this month learning more about autism and the issues that are important to the autism community."
|Assistant Secretary for Special Education and Rehabilitative Services Alexa Posny (4/1/11)
Upcoming Events
April is School Library Month. This year's theme is "Create Your Own Story." To celebrate the month, the American Association of School Librarians has a wide range of programming and publicity materials.
On April 19, at 4:00 p.m. Eastern Time, the Department's Office of Elementary and Secondary Education (OESE) and Office of Intergovernmental Affairs (IGA) are hosting a call for district superintendents and their staff to discuss productivity and flexibilitybased on a set of documents released by the agency that share promising practices on how to spend education funds productively and highlight flexibility available for spending federal funds. To RSVP for the call, please contact Tina Chong at firstname.lastname@example.com. To be added to the superintendent email list, please visit here.
Over the next two weeks, the Department will be exhibiting at the National Afterschool Association's Convention in Orlando (April 16-18), the Council for Exceptional Children's Convention in suburban Washington, D.C. (April 25-28), the National Catholic Education Association's Convention in New Orleans (April 26-28), and the Council on Educating Black Children's Convention in Las Vegas (April 28-30). If you are attending any of these events, please stop by the Department's booth.
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To be added or removed from distribution, or submit comments (we welcome your feedback!), please contact Adam Honeysett. Or, visit http://www2.ed.gov/news/newsletters/edreview/index.html.
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Commercial, Personal/Corporate, Services
By By Andrew Drwiega, International Bureau Chief | May 3, 2013
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"Some of our bigger peers saw a fall in general aviation traffic, rather than the expected rise through the Olympic effect," said James Dillon-Godfray, London Oxford Airport business development director. He said that the restriction zone around London had been a factor in reducing GA traffic during the period that it was in force. However, he said that the figures for the airport's performance in 2012 compared to 2011 were excellent. Jet and turboprop movements had increased by 11 percent; flight training movements were up 12 percent; helicopter movements were down 9 percent as was recreational piston GA flights, down 16 percent (these latter two were principally due to the CAA's Olympic flight restrictions around the London airspace).
The purchase of the London Battersea Heliport, London's only dedicated heliport, by the Reuben Brothers (also owners of London Oxford), had meant that visitors could now be connected directly from Oxford by helicopter in 22 minutes. If incoming clients coordinated their GA arrival at Oxford with a helicopter transfer to London, an offer of a 50 percent landing fee discount was applicable at both ends.
At the start of May, London Helicopter Tours (a subsidiary of London Helicopter Centres Ltd) launched what is claimed to be the UK's first online bookable helicopter sightseeing service. Prices start from ₤199 (around $300) for a 20-minute flight. Passengers will see major landmarks including Buckingham Palace, Westminster Abbey and Shakespeare's Globe Theater.
Unfortunately media commentary regarding the launch was mixed as memories of the recent helicopter crash in central London are still fresh. On Jan. 16, 2013, experienced pilot Captain Pete Barnes of Rotormotion was killed along with another person on the ground when his AW109E hit a crane on a high-rise building by the bank of the Thames in bad weather.
Simon Hutchins, manager of the London Heliport, said that he believed the tours would "attract a new profile of customers" and that the experiences on offer would mirror those of other services worldwide.
Related: Tourism News


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Quarterbacks Drew Brees of the New Orleans Saints and Aaron Rodgers of the Green Bay Packers are the highest-paid players in the NFL, according to Forbes' latest list of "The World's Highest-Paid Athletes."
Brees has earned $51 million in combined salary, bonuses, prize money, appearance fees and licensing and endorsement income for the 12 months between June 1, 2012 and June 1, 2013. Rodgers comes in just behind Brees at $49 million after landing a $35 million signing bonus as part of the new contract he inked in April.
The NFL is responsible for the bulk of the turnover in this year's list, as the number of football players dropped from 30 to 13. Forbes attributes the discrepancy to the 2011 lockout, which pushed NFL earnings into their June to July timeframe the previous year. It should be noted that the latest collective bargaining agreement has been owner-friendly, depressing player salaries this offseason.
Somewhat surprisingly, Tom Brady (No. 11) and Peyton Manning (No. 19) are the only NFL players to appear on the list in each of the past two seasons.
Because of the way the NFL salary structure works, the players on the list are those who have landed long-term contracts within the past 12 months. For example, Tony Romo ($28.8 million) is the fifth-highest paid player. Calvin Johnson ($26.3 million), Ray Rice ($25.8 million) and Dwayne Bowe ($24.9 million) are the highest-paid non-quarterbacks in the NFL.
Who is No. 1 overall among all professional athletes? Tiger Woods reclaimed the throne after losing it to Floyd Mayweather last year for the first time since 2001.
Follow Chris Wesseling on Twitter @ChrisWesseling.


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Housewives stand behind Cherry in assault battle
The stars of DESPERATE HOUSEWIVES have pledged their support to the show's embattled creator/writer as he fights assault allegations from former castmate NICOLLETTE SHERIDAN.
Sheridan stunned fans of the hit show earlier this month (Apr10) when she filed suit against Marc Cherry, claiming he slapped her during a row about a scene and then fired the actress when she complained about his behaviour on set.
Sheridan also alleged that Cherry had verbally attacked former castmate Teri Hatcher after she complained to TV executives on her behalf.
But it seems the existing castmates are sticking by Cherry in the dispute - they've released a joint statement supporting the writer, in which they state, "It would be irresponsible of us to let the public believe that being a part of this show from its inception has been anything but a blessing."
Hatcher, Eva Longoria Parker, Felicity Huffman and Marcia Cross also insist they have "no first-hand knowledge of what Nicollette may or may not have experienced."
And Hatcher is particularly upset that her name was used in Sheridan's grievance and has separately attacked the actress' lawyers for singling her out, claiming Cherry told the fired star, "I hope Teri Hatcher gets hit by a car and dies."
A statement from Hatcher reads, "I'm honoured to stand with Eva, Felicity and Marcia, as a group, and clarify that our set environment is nothing less than an amazingly positive experience. I have never felt discriminated against. In fact, I have felt heard and respected by Marc and other executives in regards to both my professional and personal needs."


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text: A two-year study conducted by the Environmental Working Group has found that some bottled water has the same level of contaminants as tap water. Two brands that were found to have high levels of chlorine byproducts were Sam's Choice, a brand sold by Wal-Mart and Acadia, a brand sold by Giant Food. Tests conducted found that each of the brands had a concentration of 35 ppb of chlorine. (California requires 10 ppb or less and the International Bottled Water Association makes 10 ppb its guideline.) All of the brands tested met federal health standards for drinking water, but the study still challenges the perception that bottled water is purer than tap water. [MSNBC, Image via Flickr.]


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Stroll through the front door of the Southern Convenience store in Gastonia and you�re met by an expected mixture of merchandise.
Stroll through the front door of the Southern Convenience store in Gastonia and you�re met by an expected mixture of merchandise.
Potato chips and candy bars on a shelf. Magazines on a rack. Cigarette lighters, Slim Jims and even knives in a display case for sale on the counter.
Yet against the front glass wall, facing away from the parking lot at 861 N. New Hope Road, are four sweepstakes gaming machines. They�ve been there for months, and strongly resemble the devices that the N.C. Supreme Court declared illegal in December.
Southern Convenience�s owner says he was told by the machines� manufacturer after the court ruling that they are not out of compliance with state law. Beyond that, he said he has paid thousands of dollars in license fees to the city to operate the machines, and believes he is within his bounds to continue doing so while the court ruling is contested.
Authorities aren�t sure. While several large-scale, high-visibility sweepstakes businesses around Gaston County closed within the last month, police say they haven�t poked their heads in every single convenience store to make sure each sweepstakes machine has been removed.
�We will definitely go out and check on locations that people report to us,� said Gastonia Police Capt. Ed Turas.
But James McEntire of Gastonia said he recently got the runaround when he reported Southern Convenience�s machines to city police. He doesn�t understand whey he still sees the gaming devices in gas stations here and there, if the state�s highest court said they�re illegal.
�I went to Gastonia police myself because I have a friend who�s addicted to those machines,� said McEntire. �And I was hoping when they were banned, that would take care of it. But it hasn�t.�
Rocky road
Video sweepstakes businesses emerged across the county last year after a favorable N.C. Court of Appeals ruling, which deemed a 2010 state ban on the operations to be unconstitutional. Gastonia and other cities set up guidelines to limit where the businesses could open, and began reaping big revenues in license fees.
The state Supreme Court reversed the Court of Appeals decision in December, upholding the 2010 ban. Attorneys for gaming companies asked the U.S. Supreme Court to delay the embargo, to no avail.
Video sweepstakes games are played on computer terminals and can award cash prizes. They�re often found in small numbers in convenience stores or bars.
Machine owners previously dodged gambling laws by selling Internet time and referring to the games as �promotional items� to drive the Internet business. Since December, many gaming operators have said they'll respond by changing the machines in ways that escape the ban and keep attracting players.
�Probably 90 percent of the operators will close down voluntarily,� Brad Crone, a spokesman for the Internet Based Sweepstakes Operators, told The Associated Press. �Some operators may be looking at new software and new gaming options that will more than likely have to be tested in a series of new court cases.�
In some cities, such as Roanoke Rapids along I-95, police have taken no action against sweepstakes operators on the advice of legal advisers.
Gastonia Police Attorney Stephanie Webster said last week that there�s similar uncertainty here, due to questions about software loopholes.
�If people are searching for broad answers, they�re not there right now,� she said.
Uncertainty prevails
Jeff Mahmood owns the Southern Convenience store, as well as a gas station along Garrison Boulevard, with his brother.
They own several such businesses in North Carolina and New Mexico, where Mahmood lives, and sweepstakes machines are a part of what they offer at virtually all of their businesses, he said.
�It helps us to bring the business in,� he said. �People come to play a little bit, then they buy a soda or something else, and that helps.�
Mahmood said after the court ruling last month, the gaming company that owns the four sweepstakes machines at Southern Convenience called and assured that �I have nothing to worry about.�
�They said they filed an appeal against the ruling or something like that, and we were good,� he said.
When questioned about the machines Wednesday, Mahmood voiced frustration with the back-and-forth uncertainty over their legality here in recent years. He has no interest in breaking the law, he said.
�We are really confused. We don�t know what is right and what is wrong,� he said. �Whatever (police) tell us, we will hear it and go by their words.�
But Mahmood emphasized he paid Gastonia $3,500 in license fees to legally operate the four machines for a year. If it�s determined they�re actually illegal and must be removed, Mahmood said he should get back at least a portion of what he paid.
�Why did we pay the license fees if it�s illegal?� said Mahmood. �Technically, I�m supposed to get that money back.
Gastonia City Attorney Ash Smith said they�ve already fielded those requests from other sweepstakes operators, and declined them.
�The city ordinance is very clear that no refunds will be given for privilege licenses, even if you stop doing business during the middle of the year,� he said, adding that would violate state law. �Privilege licenses are non-refundable.�
You can reach Michael Barrett at 704-869-1826 or twitter.com/GazetteMike.


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Female Hockey :: Mel Davidson on Female Hockey
The following is an article by Jason Gregor that appeared in the Edmonton Journal on September 9, 2013.
It truly is a great time of year for hockey players, parents and fans, especially those kids who are playing for the first time.
Many of those players are now girls.
Ten years ago, approximately 4,000 girls played minor hockey in Alberta, but this year over 10,000 girls will lace up their skates and play. One of the biggest decisions many hockey parents face this time of year is whether to register their daughter on a girls' team or have them play with the boys.
In many communities, specifically rural, girls only have the option to play with boys due to limited enrolment.
However, for those who have the option, is there a better choice?
Mel Davidson is the matriarch of female hockey, not only in Canada, but around the world. She is the only coach, male or female, in the history of the Olympics to have coached a team to consecutive gold medals; she won in 2006 and 2010.
Davidson is now the general manager for Hockey Canada's women's team, and she works for the International Ice Hockey Federation (IIHF) Ambassador and Mentor program.
Davidson has worked tirelessly for over 25 years helping to grow the women's game, and she knows the challenges many girls face, but also the successes they can achieve.
"Girls aren't going to the NHL," said Davidson. "However, there is a path for women in the game, and there is a career for them as a player, coach or official."
I asked Davidson which path was a better option for girls; playing with the boys, or on an all-girls team.
"I always tell parents it is a personal choice, I'm not going to tell them how to raise their daughters, but eventually there is a social aspect that comes into it.
"You can pick out the girls that have played with the boys in a heartbeat, as soon as they walk in the dressing room. Unless they are involved in team sports in school or very active in other areas, they do not know how to socialize or be a part of the female culture or environment. Around 80 per cent of girls who played in that setting (with boys) never advance very far in the girl's game, because they can't get comfortable within a female dressing room," said Davidson.
The three-time gold medal winning coach was quick to point out that there is one obvious benefit to playing with the boys.
"Girls have to learn how to compete, and how to battle. The one advantage for girls who play with the boys at a young age is they learn how to compete, and they learn it isn't personal," Davidson said.
The key element all hockey parents need to recognize is that the boys play a different style than girls do.
"The girls' game is very different," Davidson said. "It's a puck-possession game; there are a lot more puck touches in our game, at the minor level, than there is at the guy's level. We see that a lot when girls move over from boys' hockey, they are not as good with the puck as the girls who played with girls growing up. The girls who played with boys are more physical, and maybe stronger on their skates, but by peewee I believe a parent needs to make a decision."
The women's game is growing, especially in Canada and the United States, and more and more girls are getting scholarships. The opportunity to get a paid education for female hockey players is higher than ever, but so is the competition.
Davidson mentioned that hockey dads tend to struggle more with how they interpret and understand their hockey-playing daughter.
"Fathers always try to tell me that their daughter is just like a boy on the ice," Davidson said. "No matter what you say about your daughter, she is a girl. She sees and thinks things differently, and you might not realize it and she might not tell you, but she does."
You wouldn't expect your daughter to act like a boy around the house or in school, so why would you want her to act like one on the ice?
Davidson ended our conversation with a statement that really grabbed my attention.
"If I said to any father, 'we are going to take your daughter as a 13 year old, a 14 year old, a 15 year old or a 16 year old, and we are going to put them in a closed room with 15 other boys their age who are going to be half-naked at most times, and you're not going to have any control over what goes on for the most part,' I don't know a father that would put their daughter in that situation, yet they fight like hell to put them in a hockey dressing room," said Davidson.
Hockey is constantly changing every year, from the introduction of new technology to the pros and cons of spring hockey to now trying to recognize what hockey scenario works best for your daughter.
Maybe it as simple as remembering what Davidson said; she is a girl, not a boy.
You can listen to Gregor weekdays from 2-6 p.m. on the TEAM 1260, read him at oilersnation.com and follow him @jasongregor on Twitter.


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Doubilet's Nudi Beauty!
Posted 26 May 2008 - 07:38 PM
David Doubilet's Nudibranch Gallery in the June '08 Issue of National Geographic
While some may be upset that he moved some invertebrate slugs to get these shots, I stand firmly behind him and praise these beautiful images and the man for bringing us both art and spreading the good word about the wonders of the underwater realm.
My Website
Posted 27 May 2008 - 10:13 AM
I only wish shark fining, gill netting, tuna fishing and whaling would get the same kind of response.
Me I like the shots, they are gorgeous, the angle of view is awesome in most case, a pleasant departure from the usual aerial point of view associated with these wonderful animals. As for the background well, anyone that think they can get the results using Photoshop as no real understanding of the quality of light, its one thing to cut away a background, its quite another to illuminate your subject, there is more to a white background than a cutting tool, years in the studio have at least taught that.
I would appear that Mr. Doubilet was well surrounded by an experienced local staff with a good knowledge of their surrounding local fauna; I for one think the impact was negligible if there was one at all to begin with. The difference in my opinion is that as adults we should be concerned if yes or no we can do such a thing and if we think we have the rational and mean to do it, then seek the approval of, and surround ourselves with the properly trained and knowledgeable peoples. In the end one has to draw the boundary line where our behavior might disrupts the animal to the point of endangering its life or way of life permanently such as the impact of a flashlight on a night dive would have a definitely more lethal impact on some of it resident when they are caught naked in the beam of the light, although we can't really blame the tarpons for wanting to survive and being opportunist.
As for me I'm still a no touch guy, simply because I know who I am and what I can do, my best friend spend her summer teaching her staffer to shoot right whales with a cross bow, because she need to for the genetic research and survival of this endangered species and also, because they are aware that the impact is negligible to the animal, finding who we are, it seem simple but apparently it is difficult for a lot of people to find that out.
Hats off to David Doubilet for the excellent and PROFESSIONAL work.
Jean Bruneau
Aquatica Pro Digital housings for D-800, Sigma 8mm & 15mm Fisheye, Nikon AF 14MM, AF 17-35mm, AF 20MM, AF 60MM, AF 105MM, 4x Ikelite Ds 160, and TLC arms exclusively
Posted 27 May 2008 - 06:55 PM
IF NG approached me, or any person here on WP to conduct the VERY SAME SHOOT, would you do it? Even in the face of all this interesting discussion, it boils down to whether you, as an individual, would accept the assignment if it were offered to you AS IS by National Geographic (comes with the prestige, exposure, money,...
I see your point, Joe. It would be difficult to pass on this opportunity. But here's the thing. If there were anyone in the world who could afford to pass on such an assignment, it would be David Doubilet. After all, he already has the prestige, exposure, and money.
Edited by dsbierman, 27 May 2008 - 06:57 PM.
Posted 29 May 2008 - 06:18 AM
You are getting carried away arguing about small degrees of what many National Geographic Photographers have been doing for years and years - namely manipulating animals or their local environment to produce visually stronger pictures. Often to the detriment of that particular animal's well being or causing local "disturbance" to the natural environment.
Years ago in Frans Lantings series on lemurs in Madagascar there was a rarer (and I believe quite nocturnal) species that was captured and caged for days so Frans could get his shots of it.
In his Tasmania story DD has shots a a large crab that lives deeper than divers normally go. It was bought from one of the fisherman who set crab traps to catch them for the food market. Another fish, the Indianfish I believe it was called, was bought from a fish supply outfit. Look at the cover shot of a sawfish. This is a fish that normally lies flat on the bottom or swims close to the bottom. How did that strong HMI light get behind the sawfish and why do we not see the lower body of the sawfish? Could someone be holding it for the picture? In Coral Edens DD has a shot of a Pegasusfish (aka little dragon fish). This quite small fish is a strict bottom dweller. I've seen them repeatedly in Bali and Lembeh. Yet DD's shot is from below the fish and has water color as a background. Do you think that little fish made a sudden dash for the surface right in front of DD? Why do you not see its tail?
As far as special "rights" or privilige goes. When Geographic is paying DD hundreds ($500-$750 or more) per day and more for each assitant and guide. And chartering whole boats (ask Brian Skerry how many days NG chartered Shearwater for his sharks of the Bahamas story) and crews, do you think any one of them will complain? NO, its simply take the money and say "Thank you, sir!"
Posted 29 May 2008 - 07:45 AM
Or more i would think ! i cant see one of the top uw photographers working for $500-$750 per day some how. If this is what they do earn i will keep my day job.
Canon 5D MK2 - Sea and Sea housed - 17-40L 100mm - Sigma 15mm FE - twin YS250 pro's and gadgets galore
Posted 11 February 2010 - 11:36 AM
In film days a photographer submitted to the mag by sending in exposed film only. All developing/processing was done by nat geo staff. I suspect in today's game the photographer submits virgin RAW files only and all post-processing is done by NG staff as well. It is very likely that every single image we see in Nat Geo is manipulated, in the truest sense of the term.
I tend to agree with the assumptions that there was probably no harm done to the nudi's, but I am curious why a magazine like Nat Geo and a photographer like Doubilet wouldn't simply not disclose the animal handling and allow the public to assume the backgrounds were done in post. If the animal handling was a bad choice the disclosure would seem to be a worse one, if only because it may give rationale to divers and photographers who until now may have been reticent to engage in this level of animal manipulation.
Still, in my experience diving around people who make a living at this game (and not speaking about David specifically here).....animal manipulation as well as reef ravaging isn't exactly an uncommon occurance. It doesn't usually happen on one of their guided tours or instructional trips, but there has always been more than a few sanctimonious foxes in the hen-house in this regard
I was just at a workshop where one of the speakers is a photag for nat geo. He stated that since NG got serious heat about the Pyramid pictures last year (or was it 2 years ago) that they have cracked down on ANY image manipulation at all inside NG. Which is how it shoud be. What you see is what was shot. (minus some contrast or brightness adjustments, im sure)
Someone once said the difference between a picture and a image is that images are artistic creations, while pictures are just that, a picture that has been shot. The news is pictures. Nothing modified. And yes, he has to submit his .cr2 files (raw) to NG and then they decide what to publish and if (any) modification will be done to it. This is the standard in all Photo Journalism.


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Read any number of pregnancy books, such as What to Expect When You Are Expecting (I do have What to Expect The First Year on my bookshelf) or the Iovine books (I admit I used to own two – one on pregnancy and one on "gear"), and you'll likely encounter the information that is considered to be "mainstream". Some of us have never been able to swim in that particular stream, and most who think like me tend to swim upstream.
This is a resource for people like me who start out trying to swim in the stream and eventually start working their way upstream, intentionally against the main stream's strong and persistent current. It is easy to find the mainstream – it's where most people want you to be. If you follow the main stream you won't cause as many problems. People like me often get involved in problems, not because we want to, but because we HAVE TO. I didn't come to believe what I believe and know what I know because I enjoy being in the minority or being argumentative. I'm here because I need to be here, and furthermore, I was forced here by previous experience and the alarming status of maternal/fetal health "care" in the U.S.
This list is fluid. I'm not going to wait until I have a certain number of resources to post it. No – as I continue to learn, this list will continue to evolve. If you have suggestions for this list, please let me know and I will consider adding them once I've had the opportunity to review them.
Getting Started
Trying to wade through all of this information is an overwhelming task, but theseresources have been incredibly helpful for me:
- ICAN – http://www.ican-online.org (especially their "White Papers")
- Childbirth Connection – http://www.childbirthconnection.org/article.asp?ck=10210&ClickedLink=293&area=27 (this links to their Best Evidence: VBAC or RCS page, but I recommend being well-acquainted with the entire site; this is an ESSENTIAL site)
- Henci Goer has excellent literature summaries in The Thinking Woman's Guide to a Better Birth. If you don't already own this book, run and get it!
Conscious Woman Webinars – explore advanced doula training, activism, healing from birth trauma, legal issues, and more through this well-planned and organized group.
Born in the USA: How a Broken Maternity System Must Be Fixed to Put Women and Children First, Chapter 6, by M. Wagner. Berkeley; Los Angeles; London: University of California Press, 2006.
Articles and other publications by Sarah Buckley, Michael Odent, and Marsden Wagner (all three are medical doctors)
Articles and other publications by Ina May Gaskin, Henci Goer, and Gloria Lemay, three of the biggest names in the natural childbirth "movement"
VBAC Resources to Consult
- Planning a VBAC – http://vbacfacts.com/vbac (one woman's extensive researching journey to VBAC and HBAC)
- Birth After Cesarean – http://www.birthaftercesarean.com/ .
- Algert CS et al. "Labor before a primary cesarean delivery: reduced risk of uterine rupture in a subsequent trial of labor for vaginal birth after cesarean." Obstet Gynecol. 2008 Nov;112(5):1061-6. [Link to abstract.]
- Landon MB, et al. "Risk of uterine rupture with a trial of labor in women with multiple and single prior cesarean delivery." Obstet Gynecol. 2006 Jul;108(1):12-20. [Link to full text] Probably the most important and compelling current research on this subject.
Homebirth Resources to Consult
- YouTube videos
- Penny Simkin's The Birth Partner
- Ina May Gaskin's books
- One study that always comes up in discussions of homebirth is "A Prospective Study of Planned Homebirths by Certified Professional Midwives in North America," by K. Johnson and B. Daviss. British Medical Journal 330, no. 7505 (2005).
- The Business of Being Born, a feature documentary film by Ricki Lake and Abby Epstein (available via Netflix)
- Another movie, Orgasmic Birth – I've heard good things about it, so don't let the title throw you off!