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Here's the story about how I was writing music without being aware of it – unfortunately I think it happens often for a lot of people who writes music. As a little "bonus" you can read why the title "Funky Mama" is appropriate for this specific song I'll use for this story. It's always tricky to find titles for instrumental tunes 🙂
I was visiting my parents, staying at their house for the weekend. As I've written earlier I always bring my guitar for holidays. When I arrived we had some nice food, some good wine and talked a lot. The day after we all sat in the living room, doing whatever we liked to relax. Mom was reading a book in her favorite chair, dad was looking thru some art books. I was just jamming around on my guitar.
After a while I decided to make some coffee. Dad was still reading and mom was doing their laundries. While I was in the kitchen I heard her whistle a catchy phrase. I thought I knew it from somewhere but couldn't decide from where. After a while it started to annoy me that I couldn't name or categorise her tune. I went to her and asked – "what's that you're whistling … it sounds familiar?". My mom laughed and told me that it was what I have been playing in the living room a little earlier.
Back in the living room I picked up my guitar. Within seconds I realised that she was right – it was the "theme" I've been jamming around for some time. I decided to record a memo in my phone. Good decision. Just a few weeks later the tune was added to my bands setlist.
Writing music without being aware of it
I had been writing music and composed a complete song without being aware of it. It would have been forgotten, if my mom hadn't started to whistle the theme. After this experience I record almost everything I jam over for more than a few minuttes. Therefore I'll suggest that you also remember to record whatever you're jamming around with. You'll never know when something interesting is showing up.
And a little fun fact: neither my mom or I was aware of the odd meter within the song. There's a 5/4 bar in the middle of the A-part. I realised that when I introduced the tune to the band, and the drummer had to hear it twice to figure out what was going on 🙂
Later on I have even recorded the song on my second album. I also ended up jamming the tune on the American TV-show Studio Jams – you can see that part from the episode here. All this just because my mama caught the riff and started to whistle while she walking around fixing some things.
Have a wonderful day
You can read about how we recorded that tune for the TV-show Studio Jams here and watch that part from the episode here.


text: Our ships have completed their scan of the area and found nothing. If the Millennium Falcon went into light-speed, it'll be on the other side of the galaxy by now. He says he's the property of Obi-Wan Kenobi, a resident of these parts. And it's a private message for him.

subset: commoncrawl


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the Week of Proper 10 / Ordinary 15
Click here to learn more!
Bible Commentaries
Henry's Concise Commentary on the Bible Henry's Concise
* The law concerning the cities of refuge. (1-6) The cities appointed as refuges. (7-9)
Verses 1-6
1-6 When the Israelites were settled in their promised inheritance, they were reminded to set apart the cities of refuge, whose use and typical meaning have been explained, Joshua 20:35; Joshua 20:19. God's spiritual Israel have, and shall have in Christ and heaven, not only rest to repose in, but refuge to secure themselves in. These cities were designed to typify the relief which the gospel provides for penitent sinners, and their protection from the curse of the law and the wrath of God, in our Lord Jesus, to whom believers flee for refuge, Hebrews 6:18.
Verses 7-9
7-9 These cities, as those also on the other side Jordan, stood so that a man might in half a day reach one of them from any part of the country. God is ever a Refuge at hand. They were all Levites' cities. It was kindness to the poor fugitive, that when he might not go up to the house of the Lord, yet he had the servants of God with him, to instruct him, and pray for him, and to help to make up the want of public ordinances. Some observe a significance in the names of these cities with application to Christ our Refuge. Kedesh signifies holy, and our Refuge is the holy Jesus. Shechem, a shoulder, and the government is upon his shoulder. Hebron, fellowship, and believers are called into the fellowship of Christ Jesus our Lord. Bezer, a fortification, for he is a strong hold to all those that trust in him. Ramoth, high or exalted, for Him hath God exalted with his own right hand. Golan, joy or exultation, for in Him all the saints are justified, and shall glory.
These files are public domain and are a derivative of an electronic edition that is available on the Christian Classics Ethereal Library Website.
Henry, Matthew. "Concise Commentary on Joshua 20". "Henry's Concise Commentary
on the Whole Bible". https://www.studylight.org/


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Dear friends,
During this time, we continued upgrading our services and prepared for your future stay. We have designed and implemented Health and Safety protocols, following the guidelines set by the Greek government, to ensure a safe stay for you!
Greece has successfully tackled the first phase of the health crisis, making us all very proud of what we have achieved together. We shall be constantly monitoring developments and adapt to any need, always guided by our values and having you and our employees' wellbeing as our focus.
We are ready to meet again!
The Hotel Milos Sea Resort Team


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Morgan Stanley (NYSE: MS) will host a Fixed Income Investor conference call on Thursday, November 3, 2016, at 9:00 a.m. (ET) with Jonathan Pruzan, Executive Vice President and Chief Financial Officer; Celeste Mellet Brown, Treasurer; and Thomas Wipf, Head of Bank Resource Management.
The call will be available at www.morganstanley.com or by dialing 1-877-895-9527 (domestic) and 1-706-679-2291 (international); the passcode is 81329521. To listen to the playback, please visit our website or dial: 1-855-859-2056 (domestic) or 1-404-537-3406 (international); the passcode is 81341253.
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The joint AHA-OAH permanent Committee on Part-time and Adjunct Employment has evolved from a series of temporary committees in recognition of the serious problems presented by the increased use of part-time/adjunct faculty at institutions across the country. This recognition has also motivated AHA and OAH to participate actively in the Coalition on the Academic Workforce. The Coalition was established in 1997 by a group of learned societies in the humanities and social sciences (including AHA and OAH). Its purposes are 1) to collect and disseminate information on the use of part-time and contingent faculty and its implications for students, parents, faculty members, and institutions; 2) to articulate and clarify differences in the extent and consequences of changes in the faculty within and among the various academic disciplines; 3) to evaluate the consequences of these developments for achieving and maintaining quality higher education; 4) to evaluate both short-term and long-term consequences for society and the public good of changes in the academic workforce; 5) to identify and promote strategies for solving the problems created by inappropriate use of part-time, adjunct, and similar faculty appointments; and 6) to strengthen teaching and scholarship. Historians are taking important leadership roles on this issue and the Committee has worked hard to provide our professional organizations with input and direction.
Our report submitted to AHA and OAH last spring indicated that increased use and exploitation of part-time/adjunct faculty as substitutes for full-time faculty is detrimental to institutions, departments, students, and the part-time/adjunct faculty themselves. The committee recommends limiting institutional use of part-time/adjunct faculty when this is not justified by academic needs. We also advocate providing standards that insure fair treatment and support necessary for faculty to do their jobs. We support the many highly qualified, dedicated, and effective part-time and adjunct historians who contribute to our profession.
Institutions relying on excessive numbers of part-time/adjunct faculty lose the quality of life that draws men and women to the academy. Departments become bus depots rather than collegial meeting places. Department chair persons know that the reputation of their departments within their institutions decline in direct proportion to the number of part-time/adjuncts employed. These faculty are often forced to spend much of their time commuting from job to job. Many do not have enough time to prepare courses, to meet with students, do not have access to libraries, computers, clerical assistance, office space, and the other necessities of instruction. Students are harmed by this as well. Part-time faculty often cannot help them with advising, career planning, and letters of recommendation. Part-time/adjuncts left out of the essential tasks of self-government that distinguish academic departments from corporate offices and denied the basics of institutional identity, justifiably feel aggrieved. Meanwhile, full-time faculty are left with an increasing burden of service and administrative responsibilities.
Everyone in the historical profession has a stake in ameliorating this situation. It is important to halt the erosion of tenure track positions, and where possible to increase them. It is equally important to improve the working conditions and lives of part-time/adjunct faculty and their ability to support student learning.
I. That part-time faculty be included in the collegial relations and communications of their departments and be provided with:
- Clearly stated evaluation procedures that include a defined probationary period
- Seniority for hiring and pay raises after the probationary period
- Office space, phones, access to computers and libraries, photocopying, and parking
- Clerical and technological support (when available to full-time faculty)
- Eligibility for grants to attend conferences and workshops (on the same basis as full-time faculty)
- Access to basic benefits (such as health and life insurance, sick leave, and retirement plans). Health benefits particularly should be universally available proportional to employment, with an opportunity provided for co-payments to ensure full coverage
II. That history departments provide an accurate statistical report to the AHA-OAH Joint Committee, to accrediting organizations, and to the public, showing the number of part-time/adjunct faculty. This includes providing
- the actual number of full-time and part-time/adjunct faculty;
- the number and percentage of history courses taught by full-time and by part-time/adjunct faculty respectively;
- the length of employment of part-time/adjunct faculty.
For the purpose of statistical reporting, graduate students teaching independent courses, where they are the instructors and are responsible for lectures and running the course, are to be counted as part-time/adjunct faculty.
That history departments specify the criteria or priorities governing the hiring and retention of part-time/adjunct faculty.
III. That the following standards be recognized as the appropriate proportion for courses taught by part-time/adjunct faculty (including graduate students):
- Community Colleges: 30 percent; 40 percent maximum
- Four-Year Institutions: 10 percent; 20 percent maximum
- Research Institutions: 20 percent; 30 percent maximum
These levels reflect existing variations among different types of institutions shown in a number of studies, and improve on existing use by moving to lower percentages.
IV. That the pay scale for part-time faculty be set at a minimum of 80 percent of what a full-time faculty member of comparable training and experience would be paid for teaching a course at that particular institution. (Research institutions will have to modify these standards according to their actual practices, taking into account the large amount of time their faculty spend on research and writing.) This assumes that the part-time/adjunct faculty member does not have administrative duties, serve on institutional committees, do advising, or supervise independent research projects or internships. If those duties are included, pay should be 100 percent equivalent.
This would mean, for example, that if an assistant professor teaches six courses and is paid $40,000 a year, the per-course payment for a part-time faculty person should be (at the 80 percent rate) $5,300 per course; if the salary was the same and the course load was 8 courses a year, the pay should be $4,000 per course; if 10 courses a year, the pay should be $3,200 per course. The amount paid should be increased over time to recognize years in service.
V. History departments should undertake to meet these standards and will be commended for substantial progress and good practices in the AHA and OAH newsletters.
Additional Request for AHA Council Action
The AHA/OAH Joint Committee on Part-Time and Adjunct Employment requests that the AHA Council vote on the following action. We believe that this action has potential for moving for change in many places and without major long-range organizational effort.
That the AHA Council contact all college accrediting organization and all journals and media that list colleges and universities by various criteria and ask them to include the following information in their reports:
- Number and percentage of part-time/adjunct faculty
- Number and percentage of courses taught by part-time/adjunct faculty
This is a matter of public information to which prospective students and their families are entitled as a matter of consumer protection.
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License. Attribution must provide author name, article title, Perspectives on History, date of publication, and a link to this page. This license applies only to the article, not to text or images used here by permission.


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Rich Skrenta writes that code is our enemy.
Code is bad. It rots. It requires periodic maintenance. It has bugs that need to be found. New features mean old code has to be adapted. The more code you have, the more places there are for bugs to hide. The longer checkouts or compiles take. The longer it takes a new employee to make sense of your system. If you have to refactor there's more stuff to move around.Code is produced by engineers. To make more code requires more engineers. Engineers have n^2 communication costs, and all that code they add to the system, while expanding its capability, also increases a whole basket of costs. You should do whatever possible to increase the productivity of individual programmers in terms of the expressive power of the code they write. Less code to do the same thing (and possibly better). Less programmers to hire. Less organizational communication costs.
Rich hints at it here, but the real problem isn't the code. The code, like a newborn babe, is blameless and innocent the minute it is written into the world. Code isn't our enemy. You want to see the real enemy? Go look in the mirror. There's your problem, right there.
As a software developer, you are your own worst enemy. The sooner you realize that, the better off you'll be.
I know you have the best of intentions. We all do. We're software developers; we love writing code. It's what we do. We never met a problem we couldn't solve with some duct tape, a jury-rigged coat hanger, and a pinch of code. But Wil Shipley argues that we should rein in our natural tendencies to write lots of code:
The fundamental nature of coding is that our task, as programmers, is to recognize that every decision we make is a trade-off. To be a master programmer is to understand the nature of these trade-offs, and be conscious of them in everything we write.In coding, you have many dimensions in which you can rate code:
- Brevity of code
- Featurefulness
- Speed of execution
- Time spent coding
- Robustness
- Flexibility
Now, remember, these dimensions are all in opposition to one another. You can spend three days writing a routine which is really beautiful and fast, so you've gotten two of your dimensions up, but you've spent three days, so the "time spent coding" dimension is way down.
So, when is this worth it? How do we make these decisions? The answer turns out to be very sane, very simple, and also the one nobody, ever, listens to: Start with brevity. Increase the other dimensions as required by testing.
I couldn't agree more. I've given similar advice when I exhorted developers to Code Smaller. And I'm not talking about a reductio ad absurdum contest where we use up all the clever tricks in our books to make the code fit into less physical space. I'm talking about practical, sensible strategies to reduce the volume of code an individual programmer has to read to understand how a program works. Here's a trivial little example of what I'm talking about:
if (s == String.Empty) if (s == "")
It seems obvious to me that the latter case is better because it's just plain smaller. And yet I'm virtually guaranteed to encounter developers who will fight me, almost literally to the death, because they're absolutely convinced that the verbosity of String.Empty
is somehow friendlier to the compiler. As if I care about that. As if anyone cared about that!
It's painful for most software developers to acknowledge this, because they love code so much, but the best code is no code at all. Every new line of code you willingly bring into the world is code that has to be debugged, code that has to be read and understood, code that has to be supported. Every time you write new code, you should do so reluctantly, under duress, because you completely exhausted all your other options. Code is only our enemy because there are so many of us programmers writing so damn much of it. If you can't get away with no code, the next best thing is to start with brevity.
If you love writing code — really, truly love to write code — you'll love it enough to write as little of it as possible.


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Chunkstyle here. Since a lot of what we do on this blog is relive the glory days, how appropriate that I've been asked to do an art show next month at Throwbacks NW—a dope retro jersey store on Capitol Hill.
I'm calling the show "SUPERSONICSOUL: Home Teams and Heartache." It will naturally have a local sports flavor to it, featuring luscious giclée prints of the illustrations I did for this fine blog, and possibly some other new works. The opening is Thursday, November 11, with a reception from 5-10 pm.
You should come through--I'll be selling prints, a DJ will be spinning, refreshments will be served (I think), you can buy some old-school Starter jackets or retro snapback hats. Don't have to RSVP or nothing, just show up if you can, or come another day, the art will be up for a month. Thanks!


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Makers of 'Saaho' unveil first look poster of the film on Prabhas' birthday. Encashing the actors pan India appeal, the makers have launched the first poster from the film as a treat to Prabhas' fans across the country.
Earlier, makers of Baahubali too had presented the first look poster of Baahubali : The Conclusion on the occasion of Prabhas' birthday, and the makers of Saaho further this tradition.
Saaho's first look poster showcases a mysterious Prabhas donning a mask covering his face that serves as a perfect tease to the masses.
Against the backdrop of skyscrapers and a crime scene like set up, Prabhas is seen leading a poised walk.
The mystique poster further raises anticipation levels by keeping the viewer guessing about Prabhas' character and the genre of the film.
Six months after delivering India's Biggest Blockbuster, Prabhas is back with his upcoming trilingual 'Saaho'.
The makers had made a sensational announcement of 'Saaho' in late April this year by treating the audience with a phenomenal teaser to the film.
Over the months, the project is being largely kept under wraps with little information out in public domain.
From prolonged speculation around the female lead of the film that was later announced to be played by Bollywood actress Shraddha Kapoor, to the genre of the film, team 'Saaho' have had the audience hooked to learn about Prabhas' next venture.
Touted as an ultramodern flick, 'Saaho' promises to present Prabhas in a never seen before action packed avatar.
The makers of the film have kept Prabhas' look and character under wraps, further building tremendous curiosity.
Witten and directed by Sujeeth, Saaho will hit the screens next year. The film is being shot simultaneously in Hindi, Tamil, and Telugu.
Sahoo is expected to deliver a triumph of scale, size, and spectacle.
A UV Creations production Sahoo is produced by Vamsi and Pramod and directed by Sujeeth – is being filmed at striking locations in, around and outside the country. Music by the awesome trio of Shankar-Ehsaan-Loy and lyrics by the very talented Amitabh Bhattacharya, are sure to jazz up our playlists. You can expect the director of photography Madhie and production designer Sabu Cyril to do a spectacular job with the film.


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One Day More: The NES Classic Will Be in Stock at Best Buy Today Only
Still haven't managed to get one of those miniature NES Classic consoles? If you're feeling lucky, Best Buy stores will have limited quantities in stock today!
The retailer dropped the news yesterday, though most of us were having too relaxing of a Sunday to even bother with Twitter to notice. Fortunately, word got around just in time. As the stores open up at 10AM all across the nation, you'll have time to prepare and get over to the big blue store in the hopes of obtaining one of Nintendo's rarest consoles ever developed.
With word that Nintendo was ceasing production on the already elusive NES Classic coming earlier this month, many wondered if they'd ever have a chance to pay retail prices for the hot commodity ever again. The House Mario Built was reportedly sending out the final shipment for the US this month, and we now know that Best Buy's are arriving today. Getting one more chance to hunt down one of the most in-demand video game consoles since, well, whatever Nintendo launched last should give hopeful owners some semblance of optimism.
However, Best Buy is the only retailer we know of that's made any type of statement that more NES Classics are actually coming into stock. Larger retailers like Amazon, Target, or even GameStop have been mum, though they too should be getting some systems in before the end of the month if Nintendo is to be believed.
If you're still hoping to get an NES Classic, you better find get your $60 ready and make sure you're at Best Buy when the doors open. You probably won't be the only one hoping that today is the day your retro gaming dreams come true.
30 Games We Want on the SNES Classic


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Rules of War
A body of customs, practices, usages, conventions, protocols, treaties, laws, and other norms that govern the commencement, conduct, and termination of hostilities between belligerent states or parties.
Frequently violated and sometimes ridiculed, the rules of war have evolved over centuries. They distinguish nations whose armed forces respect some minimal standard of human decency from terrorists, marauders, and other outlaws who use illegal and unrestricted methods of warfare to achieve political, economic, or military objectives.
Origins and Development
The modern rules of war trace their origins to the chivalric practices of medieval Europe. Feudal knights were bound by the law of chivalry, a customary code of conduct that could be enforced in local courts throughout western Europe by a military commander of any nation. Premised on notions of justice and fairness, the law of chivalry gave birth to the distinction between soldier and civilian and the idea that women, children, and older persons should be shielded from the bloody fields of combat. The Roman Catholic Church also influenced the development of these rules, differentiating between just and unjust wars and denouncing certain weapons as odious to God.
codification of the rules of warfare began in the nineteenth century. In 1862 President abraham lincoln commissioned Francis Lieber to draft a code of regulations summarizing the laws and usages of war. A year later, Lieber submitted a draft that the executive branch promulgated as General Orders No. 1, entitled Instructions for the Government of Armies of the United States in the Field. Known as the Lieber code, this systematic articulation of the rules of war remained the official pronouncement of the U.S. Army for more than a half a century. It addressed the concept of military necessity, detailed the rights of prisoners, noncombatants, and spies, and discussed the use of poisons, unnecessary violence, and cruelty.
In 1864 the codification movement took on an international flavor when 12 nations signed a Convention for the Amelioration of the Condition of the Wounded in Armies in the Field, 129 Consol. T.S. 361, the first of a series of Red Cross initiatives for this purpose. In 1899 the United States, Mexico, Japan, Persia (now Iran), Siam (now Thailand), and 19 other nations, including all major European powers, signed a Convention with Respect to the Laws and Customs of War, 187 Consol. T.S. 429, an initiative that followed the broad outlines of the Lieber code and also addressed the relationship between an occupying power and noncombatant civilian inhabitants. In 1914 the Lieber code was replaced by an army manual entitled The Law of Land Warfare, which continued in the early 2000s to be enforced.
Codification of the international rules governing land, sea, and air warfare accelerated following the conclusions of World Wars I and II, the korean war, the vietnam war, and the many other hostilities that took place during the twentieth century. In addition to building upon the principles previously established, this period witnessed the creation of several new concepts, including certain categories of war crimes, such as crimes against peace and crimes against humanity.
Crimes against peace are committed by persons who plan or wage aggressive wars. Crimes against humanity are committed by persons who knowingly participate in the deportation, enslavement, persecution, or programmatic extermination of certain segments of society during times of war. Soldiers, military leaders, political officials, members of the judiciary, industrialists, and civilians are all subject to prosecution for violating any of these rules of war.
Leaders and officials who wage aggressive war, disregard the territorial or political independence of another state, or violate the express terms of a peace settlement may be prosecuted as war criminals under the United Nations Charter. They may also be prosecuted under the Nuremberg principles, derived from the nuremberg trials after world war ii in which the Allied powers tried 24 leading Nazis for an assortment of war crimes, including crimes against peace and crimes against humanity. The Allies later prosecuted more than a hundred German civilians, including industrialists, doctors, and judges, who were enlisted by the Nazis to further their system of terror.
War, Terrorism, and Subversion
The rules of war do not apply to every act of hostility against an established government. Openly declared wars between sovereign states clearly implicate the rules of war. When the belligerents do not issue formal declarations of war, the legal status of a military conflict becomes murky. Isolated acts of terrorism or subversion, however, neither constitute acts of war nor create a state of war. Such acts are normally punishable under the criminal laws of the country in which they are perpetrated.
Wider internal disturbances within the territorial borders of a country are more difficult to classify. When such disturbances begin, the ruling government is apt to classify them as riots or rebellions, while those who cause the disturbances are likely to classify them as acts of civil war. international law provides no definitive classification for such hostilities. But subversive groups that acquire sustained control over substantial territory and win measurable domestic support are more likely to receive the benefit of the rules governing warfare than are small bands of insurgents whose seditious efforts are stifled and repelled.
Even when a state of war indisputably exists, the rules of war do not apply to all combatants. Regular land, air, and naval forces are typically governed by the rules of warfare. Irregular armed forces, such as guerrillas and other insurgents, are governed by these rules only when they carry their weapons openly, wear uniforms clearly displaying a recognizable emblem or insignia, conduct their operations in accordance with the laws of war, and are commanded by a superior who is responsible for subordinates.
The point of these rules is not only to distinguish combatants from noncombatants but to distinguish conventional soldiers from hired assassins, spies, and mercenaries who circumvent the customs of war in order to accomplish an end that could not be achieved by regular armed forces. Because assassins, spies, and mercenaries do not comply with the rules of war, their captors need not either. Similarly, combatants who attempt to flout the rules of war by disguising themselves in civilian clothing or enemy uniforms may be treated as ordinary criminals.
They may also be treated as "enemy" or "unlawful" combatants, a kind of purgatory between civilian status and prisoner-of-war-status. In response to the september 11th attacks in 2001, the United States launched a war on terrorism, which included a specific military operation against the Taliban government in Afghanistan and members of the al Qaeda terrorist organization conducting operations there. During that conflict, the U.S. military captured thousands of Taliban and al Qaeda forces, hundreds of whom were allegedly not complying with the rules of war, failing to wear uniforms with insignia clearly displayed, failing to carry their weapons openly, and failing to organize themselves in units subject to a hierarchical chain of command.
The United States transported approximately 650 of the captured combatants to Camp X-Ray at the naval base in Guantanamo Bay, Cuba, where they were held as "enemy" or "unlawful" combatants for the duration of the war against terrorism. President george w. bush issued a series of executive orders that formally denied the Guantanamo detainees prisoner-of-war-status and created military tribunals or commissions to try them for possible war crimes. Despite criticism from international observers who sought prisoner-of-war-status for the Guantanamo detainees, at least two U.S courts of appeal have allowed the president's orders to stand, one declining to exercise jurisdiction over the matter, Al Odah v. U.S., 321 F.3d 1134 (D.C. Cir. 2003), and one denying that the petitioners had standing to challenge the detention, Coalition of Clergy, Lawyers & Professors v. Bush, 310 F.3d 1153, 1165 (9th Cir.2002). However, as of June 2003, no detainee had yet to appear before such a tribunal.
Prisoners of War
The difference between an ordinary criminal, an enemy combatant, and a prisoner of war is important. An ordinary criminal may be detained, prosecuted, and punished in accordance with the domestic criminal laws of the country in which the crime is committed. An enemy combatant may be detained and interrogated on foreign soil while hostilities are ongoing, without the benefit of counsel, the right to file a habeas corpus petition, or other fundamental liberties afforded by the U.S. Constitution or international law. A conventional soldier who is captured by the enemy must be humanely treated in accordance with the international rules of war. Under these rules prisoners of war are required to give their captors only enough information for identification, such as name, rank, serial number, and date of birth. According to the rules, captors may not torture prisoners to extract information from them or subject prisoners to punishment without first complying with specific legal procedures.
Under the rules of war, prisoners of war may not be punished for wrongs committed by the armed forces to which they belong, and medical and scientific experiments upon prisoners are forbidden. Captors must provide prisoners with sufficient food and beverages to maintain good health, and adequate standards of clothing, housing, sanitation, and hygiene are prescribed. To encourage accountability, captors are required to disclose the names of prisoners to the belligerent for which they were fighting when captured.
Although prisoners of war may be compelled to work while in captivity, they cannot be forced to contribute directly to the captor's war effort, and they must receive pay for their work on a scale commensurate with their rank. Prisoners are not permitted to harm their captors under the rules of war, but they may attempt to escape. Prisoners of war are entitled to full freedom of religion, and discrimination based on race, color, or ethnicity is prohibited. Given the
breadth of these rights, prisoners of war often enjoy greater protection under the rules of war than they would under the domestic laws of their captor.
In certain cases being granted the status of prisoner of war can mean the difference between life and death. Summary execution of prisoners is expressly proscribed, as are orders to "take no prisoners" on the battlefield, which is tantamount to an order for their execution. The rules of war place other limitations on the use of capital punishment and affirmatively require captors to provide sick and wounded prisoners with medical care. Violations of these rules, though not uncommon in the heat of battle, are deterred by the threat of reprisal. Prisoner exchanges, which benefit both sides, also provide belligerents with incentive for reciprocal compliance with these rules.
Soldiers and Civilians
The difference between soldier and civilian is another important distinction under the rules of war. War is fought by trained soldiers armed with guns, tanks, and an assortment of other strategic weapons that they are authorized to use for tactical advantage, both offensive and defensive. The object of war is to thoroughly defeat an enemy by destroying its armed forces, which may be accomplished in an infinite number of ways, including killing and attrition. It is anticipated that much blood will be shed during a war, regardless of its length.
Civilians, by and large, are neither trained in combat nor armed, and they are not authorized to kill except in self-defense. However, civilians do have families to feed, mortgages to pay, and jobs to perform, obligations that are not suspended during times of war. Hence, the rules of war attempt to insulate civilians from many of the inconveniences, distractions, tragedies, and horrors of war.
War provides combatants with no immunity from ordinary criminal laws against rape and plunder, even when such transgressions are committed pursuant to an order given by a superior. Crimes committed against civilians because of their race, religion, and national origin, including genocide, are considered war crimes. Like prisoners of war, civilians may not be punished for wrongs committed by their government or military forces, and they may not be held as hostages under any circumstances.
Civilians may lose their protected status in certain circumstances. When insurgents or guerrillas live among the civilian population, soldiers may take measures to ferret out the enemy, including the use of interrogations, searches, and curfews. Although the individual liberty of civilians can be temporarily curtailed in such situations, it cannot be permanently eliminated. Protracted internment of entire villages or groups of civilians is not allowed. Civilian supporters who carry weapons or grenades forfeit their protected status, however, and may be detained as prisoners of war or saboteurs. If soldiers seek to destroy an entire village that is known to be an enemy stronghold, civilians must normally be informed of the action ahead of time and permitted to evacuate.
Military practice differs as to whether children, older persons, and pregnant women should be allowed egress from a besieged area. At the same time, it is common practice to permit clergy and medical personnel ingress to besieged locales. Once a besieged area has been overtaken, the military is considered an occupying power with the responsibility to administer the laws for the preservation of public order and public safety. Supplies of food and hospital services must be ensured.
Military Occupation
Although an occupying power may exercise dominion over a conquered nation and acquires actual authority to administer the law, complete sovereignty is not transferred until a treaty or other settlement has been reached. An occupying power is not bound by the constitution or laws of the territory occupied, but it is prohibited from altering them except in cases of military necessity. Inhabitants owe no duty of allegiance to an occupying power during a state of martial law.
Occupation is an important aim of warfare, enabling a belligerent to exploit an enemy's resources and deny them to a foe. The occupying power may seize any governmental property that is necessary for military operations but may not sell public land or buildings. Municipalities and institutions dedicated to religion, charity, education, arts, and sciences are exempt from seizure. The status of public officials, including members of the judiciary, cannot be changed by the occupying power, although officials can be removed for misconduct or asked to retire. Any system of public education must be allowed to continue.
Taxes may be collected from local residents, but the basic tax structure should remain intact. The occupying power is not permitted to destroy private property, except in cases of military necessity, and must fairly compensate individuals from whom it confiscates personal belongings. The occupying power may require private residents to house its troops, but the troops must honor familial rights, religious practices, and other customs in the community. In response to military occupation, allies of the conquered nation may freeze its assets or establish a naval blockade around the occupied territory.
Aerial Warfare
Protection of civilian populations is also a primary concern of the rules governing aerial warfare. Indiscriminate bombing of undefended cities or other areas densely inhabited by civilians is considered a serious war crime. Aerial bombardment of private property that is unrelated to military operations, such as private homes, commercial establishments, philanthropic institutions, historical landmarks, and educational facilities, is also forbidden. Aerial assaults on hospitals, public or private, are banned as well.
The incidental destruction of private property during an aerial attack may not violate the rules of war, however, if the attack is carried out for military purposes. These include the interdiction of military communication and transportation, the enervation of military forces and installations, and the destruction of factories manufacturing arms or military supplies. Nonetheless, the bombing of such targets may
be illegal if it endangers high concentrations of civilians, and the stated military objective is unclear or unimportant.
Rules regarding aerial warfare are frequently violated. During World War II, both the Axis and the Allied powers engaged in bombing attacks that inflicted high casualties directly on civilian populations. In the Battle of Britain, the German Luftwaffe bombed certain English cities to weaken the residents' will to resist. Without discriminating between military and noncombatant targets, the Allies bombed Dresden and Hamburg in Germany and Tokyo and Yokohama, and the United States dropped the atomic bomb on Hiroshima and Nagasaki in Japan, killing over 100,000 Japanese civilians in the first ten seconds after the first blast. Since World War II, improved fighter planes and anti-aircraft defenses have made surgical aerial assaults more difficult.
Aircraft must be identified by external markings to allow belligerents to distinguish military from civilian aerial units. Additionally, such markings allow neutral countries to identify their own aircraft and permit the peaceful entry of aerial medical units onto a battlefield. Regardless of the nature of an aerial unit, belligerents are prohibited from firing on persons parachuting from a disabled aircraft, unless they are paratroopers engaged in an espionage mission. Distinguishing paratroopers from other parachutists is left to the discretion of individual pilots and gunners.
Naval Warfare
The rules governing naval warfare also leave much discretion to the participants. Although belligerent warships may attack and sink an enemy warship encountered on the high seas, they may neither attack nor sink an enemy merchant ship unless it refuses to obey a signal to stop and submit to inspection. Conversely, belligerent merchant ships are not obliged to stop or submit to inspection but may attempt to escape or act in self-defense. However, the line separating an act of self-defense from an offensive maneuver is subject to some debate. In 1916 a British merchant ship captain was court-martialed for ramming a German U-boat, despite the captain's claim that his vessel was acting in self-defense.
When an enemy warship has been captured, it becomes the property of the captor and may be sunk or brought into port. If an enemy merchant ship is captured, it must be taken into port for adjudication regarding the ownership of the vessel and its cargo pursuant to international law. In either case the passengers and crew of a captured ship may not be harmed. Captured members of enemy naval forces are entitled to treatment as prisoners of war. Shipwrecked belligerents are also entitled to humane treatment under the rules of war and may not be abandoned or refused quarter. Many of the same rules governing surface warships have been applied to submarine warfare as well.
All military forces, land, air, and sea, are restricted as to the type of weapons and explosives they may employ. Military forces may not use arms, projectiles, or other materials calculated to cause unnecessary suffering, such as weapons that leave fragments of glass and plastic in the body. The United Nations has condemned thermal nuclear weapons because of their propensity to inflict unnecessary suffering and their inability to discriminate between combatants and noncombatants or military and nonmilitary targets.
The use of poisons, poisoned weapons, and poisonous gases by any branch of the armed forces is flatly prohibited, as is the use of bacteriological materials and devices that spread disease. However, U.S. tacticians used incendiary weapons, such as napalm, and chemical herbicides, such as Agent Orange, when enemy forces concealed themselves in a jungle or forest. Several countries have objected to the use of chemical and incendiary weapons even for such limited purposes.
Neutral Countries
All military forces are similarly bound by the rules of war with regard to neutral countries. By definition a neutral country is not a party to a military conflict between belligerent states. Unless bound by a treaty, governments are not required to remain neutral in a war, but they are presumed to be neutral unless they manifest adherence to one side or the other by word or act. Neutral countries must neither help nor harm a belligerent state nor allow a belligerent to make use of their territory or resources for military purposes. Instead, neutral states must assume a position of strict impartiality.
Neutral territory is considered an asylum for prisoners of war, who become free upon reaching neutral ground. Belligerent troops may enter neutral territory to avoid capture but may be rejected or disarmed by the host country. Belligerent aircraft are not permitted to enter neutral airspace, and if they land, the host country may intern them. Belligerent warships may be granted asylum when they are in distress or in need of repairs. If belligerents abuse this privilege, however, asylum may be revoked, and their forces may be ordered to leave.
Lawful and Unlawful Wars
The only type of war recognized by the United Nations as lawful is one fought in self-defense. The rules of warfare are not suspended, however, or otherwise rendered inapplicable merely because the grounds for fighting a particular war are unlawful. In an illegal war both the aggressor and other belligerents must still comport their behavior with the international customs, practices, and conventions of war. At the same time, some authority suggests that one belligerent may disregard certain rules of war in reprisal for its enemy's disregard of the same rules. Such reprisals have a tendency to spiral downward, however, with each act of retaliation straying further from the lawful norms of warfare.
It is sometimes observed that the phrase rules of war constitutes an oxymoron because the business of war is treachery and chaos while rules and regulations seek to impose order and structure. No permanent and impartial international body has been created to administer the rules of war. Although the United Nations has acted with multinational support in the Korean and Gulf Wars, and the international court of justice has adjudicated claims against democratic and totalitarian regimes alike, neither body exercises sovereignty over individual member states in any meaningful sense, and powerful countries generally wield more influence over these bodies than do weaker countries.
In most instances it is left to the victorious powers to enforce the rules of war. Following World War II, for example, the Allies prosecuted the Axis powers in Europe and the South Pacific despite the claims of the vanquished that such proceedings amounted to little more than victor's justice or revenge. These claims were not entirely hollow, in that the Allies had committed a variety of war crimes themselves. During the course of the war, for example, the United States interned more than a hundred thousand Americans of Japanese descent simply because of their ancestry and dropped the atomic bomb on two Japanese cities; the British bombed civilian populations in Germany; and the Russians massacred Polish soldiers in the Katyn Forest.
Thus, the current system of international law remains imperfect. Nonetheless, international law attempts to embody the rudiments of human decency, rudiments that are reflected by the customs, practices, and rules of war.
further readings
Green, L.C. 1996. "Enforcement of the Law in International and Non-international Conflicts." Denver Journal of International Law and Policy 24.
Howard, Michael, George J. Andreopoulos, and Mark R. Shulman, eds. 1994. The Laws of War: Constraints on Warfare in the Western World. New Haven, Conn.: Yale Univ. Press.
Jochnick, Chris, and Roger Normand. 1994. "The Legitimation of Violence: A Critical History of the Laws of War." Harvard International Law Journal 35.
Mitchell, Dennis. 1996. "All Is Not Fair in War: The Need for a Permanent War Crimes Tribunal." Drake Law Review 44.
Reisman, W. Michael, and Chris T. Antoniou, eds. 1994. The Laws of War: A Comprehensive Collection of Primary Documents on International Laws Governing Armed Conflict. New York: Vintage.
Taylor, Telford. 1992. The Anatomy of the Nuremberg Trials. Toronto: Little, Brown.
Walzer, Michael. 1992. Just and Unjust Wars: A Moral Argument with Historical Illustrations. New York: Basic Books.
Armed Services; Arms Control and Disarmament; Court-Martial; Hirohito; Hitler, Adolf; Human Rights; Japanese American Evacuation Cases; Just War; Korematsu v. United States; Military Government; Military Law; Militia; Neutrality; Prize Law; Tokyo Trial; Uniform Code of Military Justice.


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By Staff Reports
(Hawaii)– University of Hawaii's ATLAS Telescope Catches SpaceX Tesla Roadster in Flight
The University of Hawaiʻi ATLAS (Asteroid Terrestrial-impact Last Alert System) telescope on Mauna Loa captured images on February 8, 2018 of the Tesla Roadster launched into space as part of SpaceX's Falcon Heavy test.
ATLAS is an asteroid impact early warning system being developed by the UH Institute for Astronomy (IfA) and funded by NASA. It consists of two telescopes, 100 miles apart, which automatically scan the whole sky several times every night looking for moving objects. ATLAS was not looking for the Roadster – it was found during routine observations and automatically identified as a near-Earth object.
The Tesla Roadster was seen as a moving object in four separate observations. After it was detected by the automatic software system, the object's positions were submitted to the International Astronomical Union Minor Planet Center, which is responsible for determining the orbits of asteroids and other small solar system objects. It was immediately identified as the recently launched Tesla Roadster. ATLAS' orbit determination software pinned down the orbit from the four observations, measuring it about 0.005 astronomical units (about 500,000 miles) from Earth, speeding away at about 3.6 km/sec (8,000 mph).
"We were lucky to catch the Roadster before sunrise during our regular observing. This really demonstrates the power of our system to find small objects that could hit Earth, and accurately measure their orbits to see if they're dangerous," said Larry Denneau, IfA's principal investigator for the ATLAS project. Denneau said their mission is designed to look for things coming toward Earth, but this time investigators found something going away from Earth. "As a fan of what SpaceX is doing, it is fun to be a part of advances in science," he said.
Falcon Heavy, billed as the most powerful rocket in the world, lifted off from the Kennedy Space Center in Florida February 6. Falcon Heavy's payload was a midnight-cherry-colored Tesla Roadster owned by SpaceX CEO and lead designer Elon Musk.
Learn more about the Falcon Heavy at the SpaceX website.
Learn more about UH's ATLAS telescope:


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Earnest Money Deposit
A deposit made by the potential home buyer to show that he or she is serious about buying the house.
A deposit made by the potential home buyer to show that he or she is serious about buying the house.
A right of way giving persons other than the owner access to or over a property.
An appraiser�s estimate of the physical condition of a building. The actual age of a building may be shorter or longer than its effective age.
The right of a government to take private property for public use upon payment of its fair market value. Eminent domain is the basis for condemnation proceedings.
An improvement that intrudes illegally on another�s property.
Anything that affects or limits the fee simple title to a property, such as mortgages, leases, easements, or restrictions.
A federal law that requires lenders and other creditors to make credit equally available without discrimination based on race, color, religion, national origin, age, sex, marital status, or receipt of income from public assistance programs.
A homeowner's financial interest in a property. Equity is the difference between the fair market value of the property and the amount still owed on its mortgage and other liens.
An item of value, money, or documents deposited with a third party to be delivered upon the fulfillment of a condition. For example, the earnest money deposit is put into escrow until delivered to the seller when the transaction is closed.
Once you close your purchase transaction, you may have an escrow account or impound account with your lender. This means the amount you pay each month includes an amount above what would be required if you were only paying your principal and interest. The extra money is held in your impound account (escrow account) for the payment of items like property taxes and homeowner�s insurance when they come due. The lender pays them with your money instead of you paying them yourself.
Once each year your lender will perform an "escrow analysis" to make sure they are collecting the correct amount of money for the anticipated expenditures.
The use of escrow funds to pay real estate taxes, hazard insurance, mortgage insurance, and other property expenses as they become due.
The ownership interest of an individual in real property. The sum total of all the real property and personal property owned by an individual at time of death.
The lawful expulsion of an occupant from real property.
The report on the title of a property from the public records or an abstract of the title.


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adidas Retail Team Lead - St. Louis 6217
At adidas we have been challenging the status quo for 70 years and we're not done yet.
We are calling all Team Leads who don't accept what "was" or what "is," but those who want to create what will be, and who share our desire to make a difference. We believe sport has the power to change lives. To bring this mission to life we foster a culture centered on creativity, confidence, and collaboration, and while we will never rest on our laurels, we are humbled that this has allowed us to be recognized as one of the "world's most attractive employers."
We also understand that the future runs on diverse and fresh perspectives. True to this spirit, we believe in assembling talented teams from far and wide and unite by a common goal: to be the best sports company in the world.
We could list tired, old bullet points about Senior Store Associate tasks but we're confident you already know that. Here's a bit about the kind of Senior Store Associates we are looking for:
Creators- If you want to build a tomorrow better than the day that came before, you're a creator. Creators find inspiration in unlikely places, look at the world in their own unique way, are confident and have an uncanny ability to connect dots that others just don't see.
Confidence- Use your retail experience to exceed customer expectations and help guide store associates. Create an emotional connection with every customer by being a passionate and enthusiastic adidas Brand ambassador.
Collaborator – You thrive on building relationships and working with your team.
Ready to apply? Here's what you need to know:
- Availability must be flexible and include evenings and weekends.
- Must possess and consistently exhibit the competencies relative to the position.
- Skilled in operating personal computers, POS systems, and various software packages including MS office.
- Ability to learn and adapt quickly in a fast paced environment.
- Strong interpersonal and communication skills including the ability to lead discussions in diverse groups of varying size.
- Ability to operate independently and with discretion, and work effectively under pressure.
- Demonstrates an inspirational attitude that contributes to a positive team environment.
- Ability to build and maintain effective working relationships with team members along with willingness to set and maintain high standards of performance.
- Well developed ability to speak, read, comprehend, and write English
- Ability to maintain reliable and consistent attendance and punctuality.
- While performing the duties of this job, the employee is occasionally exposed to outside weather conditions. The noise level in the work environment is usually moderate.
- While performing the duties of this job, the employee is regularly required to talk or hear. The employee frequently is required to stand; walk; use hands to finger, handle, or feel; and reach with hands and arms. The employee is occasionally required to sit; climb or balance; and stoop, kneel, crouch, crawl, and operate a Brannock device.
- The employee must frequently lift and/or move up to 25 pounds and occasionally lift and/or move up to 50 pounds.
- Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, and ability to adjust focus.
- Must be 18 years or older.
- High school diploma or general education degree (GED)
- Minimum 12 months experience working in a retail environment.
- Advanced selling experience and comprehensive product, retail and industry understanding.
Why adidas? Here's just some of the rewards:
A generous Benefits Package which includes:
- Medical, Dental, Vision and Prescription Drug benefits.
- 401(k) Retirement Savings, including an employer match.
- Flexible Paid Time Off and 6 paid holidays per year.
- Up to 12 weeks of paid Parental Leave for eligible employees.
- Education assistance program, available upon hire.
- A generous Employee Discount.
adidas participates in E-Verify. For more information, visit https://www.uscis.gov/e-verify.
adidas celebrates diversity, supports inclusiveness and encourages individual expression in our workplace. We do not tolerate the harassment or discrimination toward any of our applicants or employees. We are an Equal Opportunity Employer.


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You've experienced a fire or water damage in your home. Your house is still standing, everyone is safe, and restoration is underway. Don't forget about your furry (or scaly or feathery) companions. Do you know what to do with your pets in the event of a loss in your home?
Is Your Pet Covered?
This is a case where things vary vastly from insurance company to insurance company, so you'll need to discuss it with your agent. It's very important to let your agent know what types of pets are in the home and how many you have. You may need to have a separate endorsement on your policy to help with charges associated with pet care in the event of a loss. Unfortunately, most policies will not cover veterinary bills or the death of a pet, but, if it is necessary to remove the pet from the home during mitigation, they may cover the cost of boarding the pet or the cost of a hotel that allows animals.
General Rules for Pets
The first step in dealing with pets during a loss is to remove any and all pets from the affected area and keep them away until the completion of mitigation and repairs. Not only do both fire and water damage create potentially unsafe and contaminated environments, it's also difficult for technicians to work with pets in the area. Dogs, in particular, no matter the size or behavior, need to be kept contained in a room in an unaffected area of the home while technicians are working. Cats are typically content to keep to themselves and don't usually cause issues for workers in the home. They still need to be kept out of the affected area, though, as much as possible for their health and safety. Small mammals and reptiles also will need to be removed from the affected area, but don't typically experience issues from the mitigation and restoration process. If the loss was due to water damage and there are dehumidifiers running in the home, it's a good idea to make sure all pets have access to ample water because the dehumidifier is essentially drying the air and heating the area.
Exotic Pets
There are some exotic animals that have specific needs when it comes to dealing with damage to a home. Exotic birds need to be removed from the home completely. The noise level created by fans and other drying equipment can be dangerous and cause them to become unstable. They are also very prone to dehydration and overheating. Saltwater fish are another exotic pet that should not be in the home during mitigation. As mentioned, dehumidifies act by pulling moisture from the air, which, in turn, pulls water from the fish tank. As any owner of saltwater fish knows, the levels in a saltwater tank are in a very delicate balance. Saltwater tanks left in a home with dehumidifiers running can become inhospitable within mere hours. These fish should be removed from the home, or the levels must be checked every few hours if removal is not possible. Freshwater fish and their tanks are a bit hardier and less susceptible to issues from the drying process. The safest course of action is still removal from the home, but freshwater fish are typically safe to be moved to an unaffected area of the home if levels in the tank are being checked regularly.
The last thing you want to be worried about after a loss is whether or not your home is still safe for your pets. Talk to your agent and understand your coverage as far as your animals go, and remember that, in general, the best first step to take is to remove all animals from the affected area of the home.
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5 Ways to Write a Winning Offer in Today's Real Estate Market
Our nation is in the midst of a serious housing crunch. Last year, a lack of inventory and soaring prices left many would-be homebuyers feeling pinched. But now, with interest rates climbing, many of them are also feeling desperate to lock in a mortgage—which has only added fuel to the fire.1
Fortunately, if you're a buyer struggling to find a home, we have some good news. While it's true that higher mortgage rates can decrease your purchasing budget, there are additional ways to compete in a hot market.
Yes, a high offer price gets attention. But most sellers consider a variety of factors when evaluating an offer. With that in mind, here are five tactics you can utilize to sweeten your proposal and outshine your competition.
We can help you weigh the risks and benefits of each tactic and craft a compelling offer designed to get you your dream home—without giving away the farm.
The reality is, no one gets paid if a home sale falls through. That's why sellers (and their listing agents) favor offers with a high probability of closing.
Sellers particularly love all-cash offers because there's no chance of financing issues cropping up at the last moment. But don't despair if you can't pay cash for your home. According to the National Association of Realtors, only about 1 in 4 home purchases are all-cash deals, which means the vast majority are financed with a mortgage.2
If sellers are assured that financing will come through, buying with a mortgage doesn't have to be a big disadvantage. The most important step you can take as a buyer is to get preapproved before you start looking for homes. A preapproval letter shows sellers that you are serious about buying and that you will be able to make good on your offer.
It's also important to consider the reputation of your lender. While sellers may not know or care about a lender's reputation, their agents often do. Some lenders are much easier to work with than others, especially if you are pursuing certain types of mortgages like FHA or VA loans.3 If so, you'll want a lender who specializes in these types of mortgages. If you're unsure who to choose, we are happy to refer you to reputable lenders known for their ease of doing business.
Buyers can show sellers that they're serious about their offer and have "skin in the game" by putting down a large earnest money deposit.
Earnest money is a deposit held in escrow by a title company or the seller's broker or lawyer. If the purchase goes through, it is applied to the down payment and closing costs—if the sale falls through, the buyer may lose some or all of that deposit.
While an earnest money deposit is typically around 1-2% of the sale price, offering a higher deposit can help demonstrate to the buyer that you are serious about the property.4 However, this strategy can also be risky. We can help you determine an appropriate deposit to offer based on your specific circumstances.
Most real estate offers include contingencies, which are clauses that allow one or both parties to back out of the agreement if certain conditions are not met. These contingencies appear in the purchase agreement and must be accepted by both the buyer and seller to be legally binding.5
Common contingencies include:
- Financing: A financing contingency gives the buyer a window of time in which to secure a mortgage. If they are unable to do so, they can withdraw from the purchase and the seller can move on to other buyers.
- Inspection: An inspection contingency gives the buyer the opportunity to have the home professionally inspected for issues with the structure, wiring, plumbing, etc. Typically, the seller may choose whether or not to remediate those issues; if they do not, the buyer may withdraw from the contract.
- Appraisal: Most lenders will not offer a mortgage on a home that costs more than it's worth. An appraisal contingency gives the buyer an opportunity to get the home professionally assessed to ensure that its value is at or above the sales price. If an appraisal comes in low, the seller may be asked to renegotiate the contract.
- Sale of a prior home: Some buyers cannot afford to purchase a new home until they sell their previous one. If the buyer is unable to sell their current home within a specified window of time, this contingency enables them to withdraw from the contract without penalty.
Since contingencies reduce the likelihood that a sale will go through, they generally make an offer less desirable to the seller. The more contingencies that are included, the weaker the offer becomes. Therefore, buyers in a competitive market often volunteer to waive certain contingencies.
However, it's very important to make this decision carefully and recognize the risks of doing so. For example, a buyer who chooses to waive a home inspection contingency may find out too late that the home requires extensive renovations, and a buyer who waives the appraisal may risk their mortgage falling through. If you back out of a home purchase without the protection of a contingency, you could lose your earnest money deposit.6 We can help you assess the risks and benefits involved.
When it comes to selling a house, money isn't everything. People sell their homes for a wide variety of reasons, and flexible terms that work with their personal situations can sometimes make all the difference. For example, if a seller is in the process of planning a significant move, they may prefer a longer closing timeline that gives them time to find housing in their new location.
Similarly, short-term leaseback options, in which the sale is completed but the seller retains the right to rent the home for a specified period of time, can be compelling.7 These arrangements enable the seller to use the money from the sale of their home to purchase their next house. A leaseback agreement also makes it possible for them to avoid moving twice when their next home is not yet ready to occupy.
Flexible closing dates and leaseback options can provide a powerful advantage for first-time homebuyers. If you have a month-to-month or easily transferable lease, for example, you may be able to offer a more flexible timeline than a buyer who is simultaneously selling their existing home.
Of course, the value of these terms depends on the seller's situation. We can reach out to the listing agent to find out the seller's preferred terms, and then collaborate with you to write a compelling offer that works for both parties.
In this ultra-competitive real estate market, one of the greatest advantages you can give yourself is to work with a skilled and trustworthy real estate professional. We will make sure you fully understand the process and help you submit an appealing offer without taking on too much risk.
Plus, we know how to write offers that are designed to win over both the seller and their listing agent. The truth is, listing agents play a huge role in helping sellers evaluate offers, and they want to work with skilled buyer's agents who are professional, communicative, and courteous.
Once your offer is accepted, we'll also handle any further negotiations and coordinate all the paperwork and other details involved in your home purchase. The best part is, you'll have a knowledgeable, licensed advocate on your side who is watching out for your best interests every step of the way.
In many cases, a competitive offer doesn't need to be all-cash, contingency-free, or significantly above asking price. But if you're serious about buying a home in today's market, it's important to consider what you can do to sweeten the deal.
If you're a buyer, we can help you compete in today's market without getting steamrolled. And if you're a seller, we can help you evaluate offers by taking all the relevant factors into account. Contact us today to schedule a free consultation.
- National Association of Realtors –
https://www.nar.realtor/newsroom/pending-home-sales-dwindle-4-1-in-february - National Association of Realtors –
https://www.nar.realtor/newsroom/existing-home-sales-fade-7-2-in-february - Forbes –
https://www.forbes.com/advisor/mortgages/housing-crisis-tips/ - Realtor.com –
https://www.realtor.com/advice/finance/earnest-money-deposit-mistakes-buyers-make/ - Bankrate –
https://www.bankrate.com/real-estate/contingency-clause/ - Home Buying Institute –
http://www.homebuyinginstitute.com/mortgage/risks-of-waiving-a-contingency/ - Realtor.com –