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The Insightful Immigration Blog
For I was hungry and you gave me food, I was thirsty and you gave me drink, I was a stranger and you welcomed me
Matthew 25:35
A lawsuit was expected as soon as President Obama dramatically announced that his immigration executive actions could impact more than 5 million people. It is already here. On December 3, 2014, Texas took the lead with 18 other states in a lawsuit against the United States asserting that the President's unilateral Immigration Accountability Executive Actions are unconstitutional. The coalition of states in addition to Texas include Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Texas, Utah, West Virginia and Wisconsin.
The complaint essentially alleges that the DHS directive violates the President's constitutional duty to "take Care that the Laws be faithfully executed" under Article II, §3, Cl. 5 of the United States Constitution. Another basis for the complaint is that under the Administrative Procedure Act, 5 U.S.C. § 553, the President's executive action is akin to a rule, which needs to be promulgated through notice-and-comment rulemaking. The complaint also cites APA, 5 U.S.C. § 706, which gives a federal court power to set aside an agency action that is, among other things, arbitrary or capricious, contrary to constitutional right or in excess of statutory authority. But it reads more like a white-hot tabloid, and instead of providing a forceful legal basis, loudly proclaims in bombastic fashion several prior utterances of President Obama claiming that he could never bypass Congress. Here are two out of many examples:
"I am president, I am not king. I can't do these things just by myself…[T]here's a limit to the discretion that I can show because I am obliged to execute the law…I can't just make the laws up by myself." "[I]f in fact I could solve all these problems without passing laws in Congress, then I would do so. But we're also a nation of laws. That's part of our tradition. And so the easy way out is to try to yell and pretend like I can do something by violating our laws. And what I'm proposing is the harder path, which is to use our democratic processes to achieve the same goal." |
The lawsuit is a waste of time and taxpayers money. The authors have argued in A Time for Honest Truth: A Passionate Defense of President Obama's Executive Actions that the President clearly has the legal authority to exercise discretion with respect to prioritizing on whom to enforce the law against, especially when Congress has not provided sufficient funding to deport 12 million undocumented people all at once. Even the conservative establishment refers to those who desire to deport 12 million as the "boxcar" crowd. The truth is that deferred action is neither recent nor revolutionary. Widows of US citizens have been granted this benefit. Battered immigrants have sought and obtained refuge there. Never has the size of a vulnerable population been a valid reason to say no. Even if the law suit alleges that the President does not have authority, now is a good time to remind critics about Justice Jackson's famous concurrent opinion in Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 635 (1952), which held that the President may act within a "twilight zone" in which he may have concurrent authority with Congress. Unlike Youngstown Sheet and Tube Co. v. Sawyer, where the Supreme Court held that the President could not seize a steel mill to resolve a labor dispute without Congressional authorization, the executive branch under the recent immigration actions is well acting within Congressional authorization. In his famous concurring opinion, Justice Jackson reminded us that, however meritorious, separation of powers itself was not without limit: "While the Constitution diffuses power the better to secure liberty, it also contemplates that practice will integrate the dispersed powers into a workable government. It enjoins upon its branches separateness but interdependence, autonomy but reciprocity." Id. at 635. Although President Truman did not have authorization to seize the mill to prosecute the Korean War, Justice Jackson laid a three-pronged test to determine whether the President violated the Separation of Powers clause. First, where the President has express or implied authorization by Congress, his authority would be at its maximum. Second, where the President acts in the absence of congressional authority or a denial of authority, the President may still act constitutionally within a "twilight zone" in which he may have concurrent authority with Congress, or in which its distribution is uncertain. Under the second prong, Congressional inertia may enable, if not invite, measures of independent presidential authority. Finally, under the third prong, where the President acts in a way that is incompatible with an express or implied will of Congress, the President's power is at its lowest and is vulnerable to being unconstitutional.
Through the Immigration Accountability Executive Actions, the President is likely acting under either prong one or two of Justice Jackson's tripartite test. INA Section 103(a)(1) charges the DHS Secretary with the administration and enforcement of the INA. This implies that the DHS can decide when to and when not to remove an alien.." INA § 212(d)(5), which Congress also enacted, authorizes the Executive to grant interim benefits for "urgent humanitarian reasons" or "significant public benefits." Parole can also be used to allow promising entrepreneurs to come to the United States and establish startups, although this and many other actions to help businesses have not been attacked in the law suit. Moreover, INA § 274A(h)(3)(B) provides authority to the Executive to grant employment authorization. Even if such authority is implied and not express, Congress has not overtly prohibited its exertion but displayed a passive acquiescence that reinforces its constitutional legitimacy. Operating in Justice Jackson's "twilight zone," such constructive ambiguity creates the opportunity for reform through executive initiative. In terms of employment authorization issuance, Congress has rarely spoken on this except via INA § 274A(h)(3)(B), so that many instances of employment authorization issuance are purely an act of executive discretion justified by that one statutory provision. Furthermore, INA § 103(3) confers powers on the Secretary of Homeland Security to "establish such regulations, prescribe such forms or bonds, reports, entries and other papers; issue such instructions; and perform such other acts as he deems necessary for carrying out his authority under the provisions of this Act."
We reproduce the very penetrating and insightful comments of our esteemed colleague Jose R. Perez, who is a partner at Foster:
It's my hope that Federal Judge Andy Hanen in Brownsville, TX, will do the right thing and dismiss this lawsuit based on:
#1: Lack of subject matter jurisdiction since the alleged cause of action is a 'political question' or a dogfight between the executive & legislative branches as there is no case or controversy for an Article III Court to decide;
#2: The plaintiffs lack 'standing' since the states have NOT suffered a palpable injury suffered and the 'alleged injury' is baseless and at best highly speculative since no undocumented alien has benefited from the executive actions of November 20, 2014; and
#3: Once implemented, the executive actions do NOT circumvent Congress or usurp our Constitution since President Obama has the executive authority under Article II of the U.S. Constitution and the statutory authority under the INA to grant deferred action based on law enforcement priorities as an act of prosecutorial discretion. This is an presidents have done so. [ My family and I came to the U.S. as 'parolees' based on President Johnson's exercise of discretion that allowed approx. 1 Million Cubans to be paroled and to eventually benefit from the Cuban Adjustment Act of 1966, a very open-ended and most favorable statute.]
We wish to double down on these sage comments concerning lack of state standing to bring this lawsuit for they are its Achilles heel. This is not a case where a federal agency like the Environmental Protection Agency has declined a request by an affected state actor to regulate the emission of toxic greenhouse gas emissions whose presence in our air and water present a clear and present danger of environmental catastrophe.. For this reason, the holding by the Supreme Court that the State of Massachusetts did have requisite Article III standing to sue the EPA is fundamentally inapposite both in logic and law. Massachusetts v. Environmental Protection Agency, 549 U.S. 497 (2007). Undocumented immigrants who work long hours at low pay doing the hard and dirty jobs on which we all depend but are loath to perform are not the cause or harbinger of global warming. Whatever grievances Texas and her sister states have , the proper forum for their expression and resolution in our system of governance is the Congress not the courts. See Lajan v. Defenders of Wildlife, 504 U.S. 555, 576 (1992).
Courts are loath to review any non-enforcement decisions taken by federal authorities. See,e.g., Lincoln v. Vigil, 508 U.S. 182, 191-92 (1993). Arizona v. United States, 132 S.Ct. 2492, 2499 (2012), articulated the true reason why: "[a] principal feature of the removal system is the broad discretion exercised by immigration officials…Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all…" The decision by President to order ICE to focus its enforcement activities on designated priorities is a policy judgment which the courts have neither the time nor inclination to second guess:
This Court has recognized on several occasions over many years that an agency's decision not to prosecute or enforce, whether through civil or criminal process, is a decision generally committed to an agency's absolute discretion. See United States v. Batchelder, 442 U. S. 114, 123-124 (1979); United States v. Nixon, 418 U. S. 683, 693 (1974); Vaca v. Sipes, 386 U. S. 171, 182 (1967); Confiscation Cases, 7 Wall. 454 (1869). This recognition of the existence of discretion is attributable in no small part to the general unsuitability for judicial review of agency decisions to refuse enforcement. |
The Constitution neither allows nor encourages any of the state litigants in this extra-constitutional litigation to micromanage the enforcement or implementation of current immigration law or regulation. That is up to the President and those federal agencies to whom he delegates his authority: "An agency has broad discretion to choose how best to marshal its limited resources and personnel to carry out its delegated responsibilities." Chevron v. Natural Resources Defense Council, 467 U.S. 837, 842-845 (1984). Under the oft-quoted Chevron doctrine, federal courts will pay deference to the regulatory interpretation of the agency charged with executing the laws of the United States when there is ambiguity in the statute. The courts will intrude only when the agency's interpretation is manifestly irrational or clearly erroneous. Similarly, the Supreme Court in Nat'l Cable & Telecomm. Ass'n v. Brand X Internet Servs., 545 US 967 (2005),while affirming Chevron, held that, if there is an ambiguous statute requiring agency deference under Chevron, the agency's understanding will also trump a judicial exegesis of the same statute. There is simply no case or controversy here for the federal courts to settle. None of these Plaintiffs identify or present such a " personal stake in the outcome of the controversy as to assure the concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination." Baker v. Carr, 369 U.S. 186, 204 (1962). Where is their standing then one wonders? In all of the hyperbolic protestations that suffuse this complaint, where rhetoric often masquerades as reality, one looks in vain for any allegation or evidence that any of the state complainants can " show that it has suffered a concrete and particularized injury that is fairly traceable to thte defendant and that a favorable decision will likely redress that injury." Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-561 (1992).
Still, one should not be too sanguine about Judge Hanen doing the right thing who will hear this case in the United District Court for the Southern district of Texas, Division. In US v. Nava-Martinez, a case that involved a human trafficker who sought to smuggle an El Salvadorian girl into the United States, Judge Hanen chastised the DHS for completing the crime by delivering the minor to the custody of the parent, even though the DHS was obliged to unify the child under the 1997 Flores v. Reno, CV-85-4544-RJK, settlement agreement. Judge Hanen equated this policy to "taking illegal drugs or weapons that it had seized from smugglers and delivering them to the criminals who initially solicited their illegal importation/exportation." Id. at 10. The plaintiffs have cleverly cited Nava-Martinez in their complaint as an example of DHS laxity encouraging illegal migrants, and also disingenuously conflated the surge of unaccompanied minors this summer with the President's previous DACA program, even though it has been well documented that these children may have come to the US for other legitimate reasons, such as fleeing horrific gang persecution in countries such as Honduras, el Salvador and Guatemala. . A December 5, 2014 NY Times article confirms this:
At the National Immigrant Justice Center in Chicago, lawyers interviewed 3,956 migrant children this year. Lisa Koop, associate director of legal services there, said the number of children who had heard of the 2012 program was "in the single digits." "It is clear that DACA was not a driving force behind the migration," Ms. Koop said. "What we heard time and again was that violence in Central America and the need for safe haven was what prompted these children to undertake the journey north." |
Whereas the Supreme Court has made clear that there are "significant complexities involved in [making] . . . the determination whether a person is removable," and the decision is "entrusted to the discretion of the Federal Government," Arizona, 132 S. Ct. at 2506; see also Plyler, 457 U.S. at 236 (Blackmun, J., concurring) ("[T]he structure of the immigration statutes makes it impossible for the State to determine which aliens are entitled to residence, and which eventually will be deported."), the Ordinance allows state courts to assess the legality of a non-citizen's presence absent a "preclusive" federal determination, opening the door to conflicting state and federal rulings on the question. |
These cases establish that by virtue of congressional delegation, legislative power can be exercised by independent agencies and Executive departments without passage of new legislation. For some time, the sheer amount of law- the substantive rules that regulate private conduct and direct the operation of government- made by the agencies has far outnumbered the lawmaking engaged in by Congress through the traditional process. There is no question that agency rulemaking is lawmaking in any functional or realistic sense of the term. |
Yet it is also clear from the provisions of the Constitution itself, and from the Federalist Papers, that the Constitution by no means contemplates total separation of each of these three essential branches of government…The mean who met in Philadelphia in the summer of 1787 were practical statesmen, experienced in politics, who viewed the principle of separation of powers as a vital check against tyranny. But they likewise saw that a hermetic sealing off of the three branches of Government from one another would preclude the establishment of a Nation capable of governing itself effectively. Buckley v. Valeo, 424 U.S. 1, 121 (1976) |
To have prescribed the means by which government should, in all future time, execute its powers, would have been to change, entirely, the character of the instrument, and give it the properties of a legal code. It would have been an unwise attempt to provide, by immutable rules, for exigencies which, if foreseen at all, must have been seen dimly, and which can be best provided for as they occur 17 U. S. 316 (1819) |


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March 24, 2024 @ 9:00 am – 12:00 pm
Come and spend a little time on your Sunday morning hanging out with other godless folks while enjoying a little coffee (or other beverage of your choice) and some stimulating conversation. It's a great way to start the day!
We always have enjoyable conversations in a nice relaxing atmosphere.
As it is quite understandable that many godless people seem to believe that one of the best things about being an atheist is not having to get up on Sunday morning to go to church, remember that there is no requirement to be on time, stay the entire time or even be dressed in your finest clothes. You are welcome, whenever and however you join us!
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subset: commoncrawl


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An Alex Trebek Story You Haven't Heard Before: That Time He Coached a Little League Team
This past weekend, the news we all hoped would never come, did. One of the most recognizable and beloved TV personalities of all time, Alex Trebek, lost his battle with pancreatic cancer at the age of 80.
There have been many tributes to Alex, the game show host, but every once in a while you see one that showcases who the man really was. Proving what a small world this is, a friend of mine, Mark Wallengren, has his own Alex Trebek story.
I asked Mark yesterday if I could share this story, and he agreed. It's such a wonderful way to remember what a gracious man Alex Trebek was. He will be missed.
In Mark's words:
I remember Matty [Alex's son] was a natural. Good throwing arm, he could hit a ball well but when his dad was watching games or a practice from the stands, like so many parents do, he would shout out critiques. Many times it would adversely affect Matty's play and that worried John and me. We discussed how to approach the situation and what Alex's reaction might be. But Alex couldn't have been more gracious. What I discovered was that Alex, like all parents, just wanted to help. He wanted to be there for his son. He was openly receptive to our comments and then asked John and I if he could actually help coach our Devil Rays team. We all agreed that none of us would critique our own children. Alex worked with John's son, Sean or my son and so on. We were a scrappy group of misfits in a program at Toluca Lake Little League where dads, unlike the three of us, had been in the program for a few seasons and pretty much fixed the players draft. The three of us worked so hard with our kids that spring. We taught through encouragement, basic fundamentals and always kept it fun. Alex was a huge part of that and his son Matty exploded! We started as complete underdogs but week after week we scratched our way to the championship game.
Alex Trebek, Little League Dad.
He was just like any other parent: concerned about his child, yet acting like any other Little League parent. After my friend talked with him, Trebek ultimately decided that he wanted to be involved in helping his son's team win.


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Mayflower and Mayflower Compact
The Journey
Would you have liked to travel on a small ship with more than 100 other people, all of their belongings, and possibly some farm animals – for 66 days? That's what the Pilgrims did in the year 1620, on a ship called Mayflower.
Mayflower set sail from England in July 1620, but it had to turn back twice because Speedwell, the ship it was traveling with, leaked. After deciding to leave the leaky Speedwell behind, Mayflower finally got underway on September 6, 1620.
In the 1600s, the ocean was full of dangers. Ships could be attacked and taken over by pirates. Many ships in the 1600s were damaged or shipwrecked by storms. Passengers sometimes fell overboard and drowned or got sick and died.
Although Mayflower did not sink, a few of these things actually did happen! Mayflower wasn't taken over by pirates -- the ship sailed on a northern path across the Atlantic to avoid them -- but she was damaged by a bad storm halfway to America. The storm cracked one of the massive wooden beams supporting the frame of the ship. Fortunately, the passengers had brought along a "great iron screw," which helped raise the beam back into place so the ship could continue. In another storm, a young passenger, John Howland, was swept off the deck of the ship and into the ocean! He was saved because he grabbed onto one of the ship's ropes (or lines) and was pulled back onto the deck.
Although many people were seasick on the voyage across the Atlantic Ocean, only one person died. He was a sailor who had been very mean to the passengers and taunted them about their seasickness. The colonists believed he died because God was punishing him for being cruel.
One baby was born during the journey. Elizabeth Hopkins gave birth to her first son, appropriately named Oceanus, on Mayflower. Another baby boy, Peregrine White, was born to Susanna White after Mayflower arrived in New England. It must have been very challenging to give birth on a moving ship, with so many people and so much seasickness around.
After more than two months (66 days) at sea, the Pilgrims finally arrived at Cape Cod on November 11, 1620. A few weeks later, they sailed up the coast to Plymouth and started to build their town where a group of Wampanoag People had lived before (a sickness had killed most of them). The Pilgrims lived on the ship for a few more months, rowing ashore to build houses during the day, and returning to the ship at night. Many people began to get sick from the cold and the wet; after all, it was December! About half the people on Mayflower died that first winter from what they described as a "general sickness" of colds, coughs and fevers.
Finally, in March 1621, there were enough houses that everyone could live on land. After a long, hard voyage, and an even harder winter, Mayflower left Plymouth to return to England on April 5, 1621.
The Ship and Its People
Traveling on the ocean 400 years ago was a very different experience than it is today. Mayflower didn't have private cabins with windows and beds for each person. There were no computers, televisions, air conditioners, fancy meals or swimming pools.
In the 1600s, most ships were merchant ships. They were made for carrying cargo, like barrels of food or cloth, large pieces of wood, and casks of wine, from one place to another to be sold. Before Mayflower sailed to New England, it had been sailing around Europe carrying wine and cloth. This cargo was probably stored in the lower decks of the ship in one large, open storage area. There were no windows on this deck because windows might let in seawater that would ruin the cargo. A little water would leak in anyway, though, so this area was always cold, damp and dark.
The storage decks had very low ceilings. They didn't need to make the decks very high because barrels and boxes weren't very tall. The ship had low-ceilinged decks to make it safer and to save space for the decks where the sailors lived. A ship that was too tall might tip over or sink.
The crew (sailors and officers of the ship) lived on the upper decks. In 1620, there were about 20-30 crewmembers on Mayflower. The Master, in charge of sailing the ship, was Christopher Jones. We would call him a "captain" today. He probably had his quarters, or living space, at the stern (the back) of the ship. This was the driest and most comfortable area on the ship.
The common sailors, or regular workers, had their quarters at the front of the ship, or bow, in a room called the forecastle. The forecastle, or fo'c'sle, was not a pleasant place to sleep or eat. It was in a part of the ship constantly hit by waves, so it was always wet and cold. The sailors would have to get used to the swaying and pitching of the ship because it was at its strongest here. Also, most of the men would be going to the bathroom at the head, which was at the very tip of the bow, so the forecastle wasn't very clean.
There were also officers on Mayflower. They were responsible for sailing and navigating the ship. They probably lived in the space between the Master and the common sailors. Their quarters weren't as spacious or comfortable as the Master's, but they weren't as awful as the space for the common sailors.
Where did the passengers live on Mayflower? The ship carried 102 men, women and children passengers on its only trip to New England. The passengers were the cargo, so they all had to live in the dark, cold cargo decks below the crew's quarters.
Mayflower Compact
The 1620 agreement (first called the Mayflower Compact in 1793) was a legal instrument that bound the Pilgrims together when they arrived in New England. The core members of the Pilgrims' immigrant group were Separatists, members of a Puritan sect that had split from the Church of England, the only legal church in England at that time. Others in the group, however, had remained part of the Church of England, so not all of the Pilgrims shared the same religion.
When the Pilgrims left England, they obtained permission from the King of England to settle on land farther to the south near the mouth of the Hudson River (in present-day New York). Because they chose to remain where they landed in New England, they needed a new permission (called a patent) to settle there. On November 11, 1620, needing to maintain order and establish a civil society while they waited for this new patent, the adult male passengers signed the Mayflower Compact.
In the name of God, Amen. We whose names are underwritten, the loyal subjects of our dread Sovereign Lord King James, by the Grace of God of Great Britain, France, and Ireland King, Defender of the Faith, etc.
Having undertaken for the Glory of God and advancement of the Christian Faith and Honour of our King and Country, a Voyage to plant the First Colony in the Northern Parts of Virginia, do by these presents solemnly and mutually in the presence of God and one of another, Covenant and Combine ourselves together in a Civil Body Politic, for our better ordering and preservation and furtherance of the ends aforesaid; and by virtue hereof to enact, constitute and frame such just and equal Laws, Ordinances, Acts, Constitutions and Offices from time to time, as shall be thought most meet and convenient for the general good of the Colony, unto which we promise all due submission and obedience. In witness whereof we have hereunder subscribed our names at Cape Cod, the 11th of November, in the year of the reign of our Sovereign Lord King James, of England, France and Ireland the eighteenth, and of Scotland the fifty-fourth. Anno Domini 1620.
(William Bradford, Of Plymouth Plantation, ed. Samuel Morison, 75-6.)
- John Carver
- William Bradford
- Edward Winslow
- William Brewster
- Isaac Allerton
- Miles Standish
- John Alden
- Samuel Fuller
- Christopher Martin
- William Mullins
- William White
- Richard Warren
- John Howland
- Stephen Hopkins
- Edward Tilly
- John Tilly
- Francis Cooke
- Thomas Rogers
- Thomas Tinker
- John Rigdale
- Edward Fuller
- John Turner
- Francis Eaton
- James Chilton
- John Craxton
- John Billington
- Moses Fletcher
- John Goodman
- Digery Priest
- Thomas Williams
- Gilbert Winslow
- Edmund Margeson
- Peter Brown
- Richard Bitteridge
- George Soule
- Richard Clark
- Richard Gardiner
- John Allerton
- Thomas English
- Edward Doten
- Edward Leister
The original document does not survive. It first appeared in Mourt's Relation, a pamphlet about the first year of settlement at Plimoth. In 1669 Plymouth's town historian, Nathaniel Morton, reprinted the agreement in his book, New England's Memorial. Interestingly, he included a possible list of the men who signed it, even though these men's names were not included in earlier copies of the Mayflower Compact. According to Morton, the document was signed by 41 of the male passengers – all but one of the freemen, three of the five hired men, and two of the nine servants.


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polyurethane retardation catalyst C-225
Chinese name: Polyurethane Delayed Catalyst C-225
Alias: foaming retarder C-225, foaming retarder, high rebound retardation catalyst, high rebound retardation catalyst, C-225, catalyst C-225, polyurethane retardation catalyst C-225, retardation catalyst C-225, high Rebound Delayed Catalyst C-225, High Rebound Catalyst C-225, Soft Foam Catalyst, High Rebound Catalyst, Delayed Amine C-225, Delayed Amine Catalyst C-225, Delayed Amine Catalyst
Polyurethane delayed catalyst C-225 is used for rapid demoulding high resilience polyurethane foam amine catalyst. This catalyst can achieve a balance between the foam formation reaction and the aging reaction, optimize the fluidity of the reaction mixture, and at the same time shorten the demolding time. The formation reaction and the thermalization reaction are balanced, the fluidity of the reaction mixture is optimized, and at the same time the demolding time is shortened. Therefore, catalyst C-225 is an auxiliary agent used in the turntable production line.
Chinese name Polyurethane delayed catalyst C-225
Alias Delay catalyst C-225, catalyst C-225, C-225
Substantial catalyst
Effect Foam formation reaction and aging reaction are balanced
Use Shorten demoulding time and increase production capacity
NT CATC-225 is an amine catalyst used for rapid demoulding of high resilience polyurethane foam, which can balance the foam formation reaction and the thermalization reaction, optimize the fluidity of the reaction mixture, and at the same time shorten the demolding time, so NT CATC-225 is an additive used in the production line of turntable car seats.
NT CATC-225 is mainly suitable for molding high resilience etc.
- Shorten demoulding time and increase production capacity.
- Delayed blow-off and cross-linking balanced catalyst to optimize fluidity.
- Especially suitable for rapid cycle turntable production line.
- At the same time, it is effectively used in TDI and TDI/MDI mixed systems.
- Provide good physical properties of finished foam.
Storage and transportation:
It should be sealed and stored in a dry, cool and ventilated warehouse.
200KG/drum Storage: It is recommended to store in a dry and cool area with proper ventilation. After the original packaging, please fasten the packaging cover as soon as possible to prevent the water and other substances from mixing into the product and affecting its performance. Do not breathe dust, avoid skin and mucous membrane contact. Smoking, eating and drinking are prohibited in the workplace. After work, shower and change clothes. Store contaminated clothing separately and wash it before reuse. Maintain good hygiene habits.


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Local Building Trades Councils
Looking to connect for your next construction project or news story? Our Local Building Trades Councils proudly serve as public voices and legislative advocates on behalf of the union building trades men and women in their regions. Explore our map below or visit the Local Building Trades Councils page to learn more and get in touch.
Project Labor Agreements (PLA's)
Building and construction trades workers are one of the hardest hit groups in the nation's job crisis. Yet state lawmakers, backed by construction industry CEOs, want to cut the wages of those workers by eliminating prevailing wage laws and project labor agreements (PLAs) on public construction projects. Prevailing wage laws protect communities and workers from unscrupulous contractors' low-balling bids on taxpayer-funded construction projects by setting wage rates to the local or prevailing standard.
Project Labor Agreements (PLA's), which have been used for generations, are collective bargaining agreements between building trade unions and contractors. They govern terms and conditions of employment for all craft workers—union and nonunion—on a construction project. They protect taxpayers by eliminating costly delays due to labor conflicts or shortages of skilled workers.
Take Action
Learn about union events and how to take action to improve the lives of union workers in your community.


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Watch Daniel Craig's Farewell Speech to James Bond
At this point it is too late to reschedule it, so it seems like it is finally happening: The next James Bond movie — Daniel Craig's last in the role — is opening in theaters.
No Time to Die is Craig's fifth time playing Bond. He famously said he'd rather do terrible things to himself than play the role again after Spectre, but he was eventually coaxed back for one more go-around. But No Time to Die is the truly end of the road for his interpretation of 007.
Clearly, the final day of production was an emotional moment for Craig. After he wrapped shooting No Time to Die and was officially done playing James Bond after having carried the mantle of the world's most famous spy since 2006, he gave an emotional speech to the cast and crew.
"I know there's a lot of things said about what I think about these films," Craig said as he visibly fought back tears. "But I've loved every single second of these movies, and especially this one. Because I've got up every morning and I've had the chance to work with you guys. And that has been one of the greatest honors of my life."
Watch Craig's farewell speech below:
Here is No Time to Die's official synopsis:
In No Time To Die, Bond has left active service and is enjoying a tranquil life in Jamaica. His peace is short-lived when his old friend Felix Leiter from the CIA turns up asking for help. The mission to rescue a kidnapped scientist turns out to be far more treacherous than expected, leading Bond onto the trail of a mysterious villain armed with dangerous new technology.
No Time to Die opens in theaters on October 8.


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Posted on January 14 2021
Know your options
One of the most common lighting mistakes people make is assuming that one type of lighting — especially dreaded overheads — will suffice when putting a room together. Interior designers will be the first to tell you that sentiment couldn't be further from the truth. In reality, lighting works best when it's used in layers. There are three main types of indoor lighting to consider and, ideally, each room will include all of them. They are:
- Ambient: Also known as general lighting, ambient light fills the majority of the room and allows you to move around safely. It usually comes from recessed lighting, track lighting, or wall-mounted fixtures.
- Accent: Accent lighting is used to highlight a particular focal point, such as a piece of wall art. Picture lights, wall-mounted-fixtures or track lighting are common, and dimmers are often used on these features to provide mood lighting.
- Task: As the name suggests, task lights are used to assist you in completing a particular function. This could be anything from desk lamps to pendant lights that hang over a kitchen island.
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Let the room dictate the layout
Now that you know what your different lighting options are, it's time to decide how — and where — to place your light sources in each room. While this is ultimately a matter of personal preference, there are some standard layouts that work well. If you're unsure where to start, use these room-by-room guides as a source of inspiration:
- Entryway: Start with a dramatic pendant light or chandelier overhead. Then, supplement with either a table or floor lamp.
- Living room: This is a good place to use track or recessed lighting throughout. If your room has a main seating area, use a larger, overhead fixture to center it. Place floor lamps where needed to light shadowy corners. Finally, if you have a buffet or other large furniture piece, you may want to consider adding a table lamp.
- Dining room: The dining room is the easiest room to light. Your main source should come from a large, pendant light or chandelier that's centered over the dining table. If there are additional dark corners, you can use a floor or table lamp to supplement.
- Kitchen: Kitchen lighting is complex. You may want to start with some recessed lighting. Focal areas like the kitchen island and dining table should have overhead pendants or chandeliers. Work areas benefit from the addition of under-cabinet lighting. Plus, you could add specific task sources at the sink and stove.
- Bedroom: Ideally, bedrooms have a main, overhead light source and table lamps on nightstands or dressers.
- Bathroom: Recessed lighting is common. You could also add task lights around a mirror or, for a dramatic touch, an overhead source above the tub.
- Office: Start with recessed lighting or a main, overhead source. Be sure to add table or floor lamps in dark corners or by seating areas. Finally, be sure to use a desk lamp in your main work area.
Feature Lighting
Mars Modern Suspension Light
Avini Classical Bubble Pendant
Consider size and aesthetics
When we talk about the size of lighting fixtures, we're mainly talking about those statement pieces that are overhead. There is an easy formula for determining how big one of these lights should be. It's all about finding the right diameter. If the fixture will be lighting the whole room, measure the length and width of the room and then add those two numbers together. Convert that sum from feet to inches to find the ideal diameter for your light source. For example, if the room was 10 ft. x 12 ft., 10 + 22 = 22, so your fixture should be 22 inches in diameter. However, if you're centering the fixture over a piece of furniture, you'll want to measure the length and width of that specific item instead of the room as a whole. As far as aesthetics are concerned, beauty is in the eye of the beholder. That said, make sure it matches whatever style is present throughout the rest of the room.
The right lighting can really make or break a room. When done well, it lends the perfect atmosphere to help your design shine, but when done poorly, it can take away from your chosen aesthetic. If you're ready to take your lighting to the next level, you're in the right place.


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Do you live in Western Australia? and do you live in or nearby to Mid West Coast? Would you be interested to help me develop this website and be an Area Representative "Freelance Affiliate" for Mid West Coast?
I plan to offer a 50% Year on Year share of Advertising profit (i.e profit after GST) on paid membership plans across the WWW.AUSREG.NET network, One of the terms is that you maintain a regular and personal (face to face or phone) connection with your customers i.e dont just sell an Ad and walk away, as this will be regular recurring revenue that you could grow and develop long term with so many Mid West Coast local businesses
You will need to be capable of helping Mid West Coast local businesses to create well presenting "Smart Ads" Events and Articles here on midwest.coast.place If you posess some basic Graphics Editing skills that would be an advantage to you.
The main customers are Mid West Coast Local Business, there is room for every business or community group in town large and small and you could manage that simple relationship. it should be easy to do.
I also plan to appoint a state area manager for Western Australia and if you really get it that I hope that position will be open in future.
You will need to present well and have good spoken and good written english skills, tidy dress, keen to learn and become knowledgable of our platform. i.e We got to be able to work with you.
Noting that this is new and experimental! Work with me to stand up a program. We would allocate you a re-seller account allowing you to manage and assist your Customers listings that fall under your wing. This facility is now developed and in place, I have written the code for it on the network and tested it.
You will need your own ABN and that is easy to apply for.
Eligibility for ABN in Mid West Coast? You can apply for an ABN if you are carrying on business in Western Australia. To apply for an Australian Business Number (ABN) in Mid West Coast go to the ABR website: Visit the Australian Business Register website at www.abr.gov.au. There is no fee to apply for an ABN, if we earn money of course you got to pay tax.
To contact me make an account here at MIDWEST.COAST.PLACE my contact details are available from inside the public "Create your Ads Events or Article" at the bottom of the page.
I would also be open to working under a NEIS Program with yourself as an independant freelancer. Your creative ideas for connecting with local business and selling positions on the platform would be valuable.
More Info on what is NEIS below.
The Australian New Enterprise Incentive Scheme (NEIS) is a government-funded program that provides small business training and support to eligible job seekers in Western Australia who want to start and run their own business. The program is designed to help people who are unemployed, underemployed, or at risk of becoming unemployed to become self-employed by providing them with training, mentoring, and financial assistance.
The NEIS program provides eligible participants in Mid West Coast with access to a range of services, including:
Small business training: Participants receive accredited small business training to develop the skills and knowledge they need to start and run their own business.
Business mentoring: Participants receive one-on-one mentoring and support from a NEIS provider to help them develop their business plan and successfully launch and manage their business.
Financial assistance: Participants may be eligible for income support for up to 39 weeks while they establish their business, as well as access to a NEIS Allowance to help cover the costs of running their business.
Networking opportunities: Participants have the opportunity to network with other small business owners and entrepreneurs, as well as attend workshops and events to help them grow their business.
The NEIS program is available to eligible job seekers who are not currently in full-time employment and are at least 18 years old. Participants must be referred to the program by a jobactive provider or other approved referral agency.
Overall, the NEIS program provides a valuable opportunity for eligible job seekers to develop the skills, knowledge, and support they need to start and run their own successful small business in Mid West Coast, Australia.
Ok, thats about it. I can't promise this will work for you though I created this network of over 1000 websites, it has been quite a journey and I am keen to grow this valuable business and give it a go. Give me a call with your ideas. Kind Regards. Garry.


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Kobayashi Masao
"They fled with their arms raised in front like a procession of ghosts."
Year of Birth: 1899
Age at time of blast: 45
Age when image created: 74
"They fled with their arms raised in front like a procession of ghosts."
Year of Birth: 1899
Age at time of blast: 45
Age when image created: 74
Will humanity learn?
Children of the Atomic Bomb: An American Physicians Memoir of Nagasaki, Hiroshima, and the Marshall Islands
James Yamazaki
James Yamazaki
Publishers Weekly:
In 1949, the author, a pediatrician and medical researcher, was sent to Japan to study the effects of nuclear radiation, especially on children still in their mothers' wombs when the bomb was detonated. This report takes a medical look at the victims of Hiroshima and Nagasaki and reviews some of the genetic abnormalities resulting from fetal exposure. The author also passes along information about the fate of Marshall Islanders accidentally exposed to radioactive fallout during the 1954 U.S. thermonuclear test at Bikini. This account is more than a medical report, however; Yamazaki relates his personal story as a Japanese American whose parents were treated roughly in a wartime internment camp in Arkansas while their son fought for America in the Battle of the Bulge. Yet the study is the most involving when he discusses the tragic legacy of the atomic bomb and sounds the alarm about the hazards of radiation in all forms. Yamazaki is on the staff of the UCLA medical school....
Children of the Atomic Bomb
James Yamazaki interview


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Cheetah nails, so easy, so fast. This is 3 coats of My Beauty Spot Green Apple Vivid Metallic, with Revlon scented Beach and Sally Hansen Nail Art Pen in Black. I added a coat of Old Skool Maybelline Lemon Twist Top Coat.
I plan on staying away form Dark greens, I need bright cheeful colours on my nails! I wanna stay on the bright side.
easy cheetah nails
This pen is older but it still works well, I expected it to be dried out but its fine.
Below is what I had originally had planned for the day, but needed something with more pizazz lol/
This is a bright shimmery green polish I got from my MOM. 3 coats no Top Coat. Someone else has swatched a bunch of these HERE. I am not sure these have names but someone else says this is called Green Apple Vivid Metallic.
I found this grass like glitter at Micheal's Craft Store. I used clear school glue over this glitter, then Top Coat. I didnt plan on such a heavy coating of glitter. Next time I will try to apply it sparsely.
I sprinkled the glitter on then gently pressed it down with a fluffy brush
I used a white school glue base for this glitter and it peeled off easily when I was ready to remove it. I used a coat of Wn'W black, then plain white glue to adhere the glitter. When it was dry I applied a coat of CLEAR school glue then a coat of Top Coat.
Until I was ready to take it off it stayed on just fine. I hate the idea of trying to remove glitter nail polish with the GENTLE nail polish remover I am currently using so I am going to use this method again in the future and will post results..... I almost got it off in one piece!


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As many doctors struggle to keep their practices financially sound, some are buckling under money woes and being pushed into bankruptcy.
It's a trend that's accelerated in recent years, industry experts say, with potentially serious consequences for doctors and patients. Some physicians are still able to keep practicing after bankruptcy, but for others, it's a career-ending event. And when a practice shuts its doors, patients can find it harder to get the health care they need nearby.
Chapter 11 bankruptcy filings by physician practices have spiked recently, noted Bobby Guy, co-chair of the American Bankruptcy Institute's health care committee, who tracks bankruptcy trends tied to distressed businesses. Guy said there were at least eight filings in recent weeks, which he said was "very unusual."
Five years ago, Plantation, Fla.-based bankruptcy attorney David Langley didn't have a single doctor as a client. Since then he's handled at least six bankruptcy cases involving doctors. Two current clients -- an orthopedic surgeon and an OB/GYN -- also are in bankruptcy.
None of his physician clients had malpractice lawsuits that landed them in dire financial straits. All are "top-notch doctors," he said.
The weak economy has taken a toll on doctors' revenue, as consumers cut back on office visits and lucrative elective procedures, said Guy, a bankruptcy attorney in Nashville with Frost Brown Todd LLC.
Doctors also blame shrinking insurance reimbursements, changing regulations, and the rising costs of malpractice insurance, drugs and other business necessities for making it harder to keep their practices afloat.
Related Story: Doctors going broke
Oncologist Dr. Dennis Morgan had a profitable solo practice in Enfield, Conn., for years. Revenues began to fall, he said, when reimbursements for treatment and drugs to oncologists started shrinking. He made cutbacks, but he began having trouble meeting expenses, and his business debt grew. Critical chemotherapy drug and medical supplies providers "eventually cut me off," Morgan said.
In June 2011, his practice, in a medically underserved area, filed for bankruptcy. It had hundreds of chemotherapy patients at the time.
For the next two years, his role became "that of a captain of a sinking ship managing the allocation of life boats until rescue arrived," he said. He redirected patients to other doctors and area hospitals. Early last year, he stopped practicing medicine.
Having a cancer practice close can be "debilitating" to a community, said Morgan. "If you have to travel one or two hours to get treatment and you have no one to go with you, it becomes a matter of getting care or not getting care," he said.
Related Story: Doctors: Why we can't stay afloat
Primary care doctors face similar challenges. Langley recounts one client, a solo practitioner in an underserved area of Broward County, Fla., whose patients were mostly on Medicare or lacked insurance.
As the economy worsened in the wake of the recession, fewer patients could afford to come in. Cash payments and reimbursements dropped. To come up with money to keep the practice going, she took a second job at a hospital. Still, her debt ballooned. She fell behind on state tax payments.
Two years ago, Florida tax officials showed up at her door to shut the clinic down. She quickly called Langley and he was able to file an emergency bankruptcy for her online while the officials were still in the waiting room. He gave them the bankruptcy case number, and they left without closing the clinic. Langley eventually helped the doctor restructure her debt and the clinic is still open, he said.
Dr. Morgan Moor was on the brink of bankruptcy in 2011. An internist with a solo practice in Brentwood, Tenn., Moor said the recession badly hurt her once-thriving practice. By 2010, she had lost almost half of her active patients, her annual revenue had dropped nearly 30%, and she had to lay off half her employees.
"We were told that bankruptcy was our only option," she said. So she hired Guy. Luckily, Moor said, she was able to restructure her debt and her business without filing.
Every day since has been a struggle, though. "Every payroll, I wonder if we will be able to keep doing this," she said. "I try not to think about it because it paralyzes me with fear."


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Women whose first pregnancy is ectopic are likely to have fewer children in the following 20-30 years than women whose first pregnancy ends in a delivery, miscarriage or abortion, according to results from a study of nearly 3,000 women in Denmark. In addition, these women have a five-fold increased risk of a subsequent ectopic pregnancy.
The first study to look at long-term reproductive outcomes in women whose first pregnancy was ectopic is published online today (Thursday) in Europe's leading reproductive medicine journal Human Reproduction [1].
Ectopic pregnancies are pregnancies where a fertilised egg implants somewhere other than the lining of the womb; often it's in one of the Fallopian tubes. Approximately one per cent of pregnancies are ectopic, and they are never viable; often the eggs die, sometimes a drug called methotrexate is given so that the pregnancy tissue is absorbed into the woman's body, and sometimes surgery is needed.
Although it is already known that a previous ectopic pregnancy can increase the risk of a subsequent one, most studies have been small and with short follow-up. "We found no controlled study assessing long-term reproductive prognosis in women whose first pregnancy is ectopic," write the authors of the current study.
The researchers collected data from four Danish registries covering the period 1977-2009. They found 2,917 women whose first pregnancy was ectopic between 1977-1982 and who, except for those who died or emigrated, were followed to the end of 2009 or for an average of 23 years.
These women were matched with other women of the same age whose first pregnancy resulted in a delivery, miscarriage or abortion. They were also compared with a fourth group of women who had no recorded pregnancy in the year of matching.
Dr Line Lund Kårhus (MD), a research student in the Gynaecological Clinic at the Rigshospitalet in Copenhagen, Denmark, said: "We found that the group of women who had a first ectopic pregnancy had the lowest delivery rate and total number of pregnancies over the following 20-30 years when compared with the other groups, and also lower rates of miscarriages and abortions. They had a 4.7-10-fold increased risk of further ectopic pregnancies."
Women who had had an ectopic pregnancy had the lowest long-term rate of subsequent deliveries of 69 per 100 women, compared with 126 per 100 among women who had a first miscarriage, 77 per 100 among women who had a first abortion, 73 per 100 among women whose first pregnancy ended in a delivery, and 101 per 100 among the women who were not pregnant in the year the women were matched with each other.
Compared to women who had a first miscarriage, the number of subsequent deliveries among the women who had a first ectopic pregnancy was reduced by nearly a half (45%). When compared with women whose first pregnancy resulted in a delivery, there was no statistically significant difference: the women in the ectopic pregnancy group had a slightly reduced (5%) number of subsequent pregnancies, ending up with approximately one child less during the follow-up period.
"It is not surprising that there was little difference between the women who had an ectopic pregnancy and women who delivered a baby from their first pregnancy," said Dr Kårhus. "We think women with a first ectopic pregnancy have to try harder to achieve the number of deliveries they wish. However, their attempts are counterbalanced by the fact they are less fertile, and, therefore, ultimately they end up with one less birth."
When compared to women whose first pregnancy ended in an induced abortion or who were not pregnant in the year the different groups of women were matched, the number of subsequent deliveries among women in the ectopic pregnancy group was reduced by 11% and 31% respectively.
"These results indicate that fertility is compromised in women whose first pregnancy is ectopic and even after 30 years they have significantly fewer children compared with other women," she said. "We had expected that, over time, women would compensate for their reduced fertility by making more attempts to become pregnant. However, our results demonstrate that these extra attempts at pregnancy do not result in the same number of babies for women whose first pregnancy was ectopic compared with other women."
The study also showed that women in the ectopic pregnancy group were less likely to have a subsequent miscarriage or an induced abortion – a 54% and 28% reduced risk respectively – when compared with women whose first pregnancy ended in miscarriage.
The researchers say that it is possible that better assisted reproductive techniques that have been developed in recent years could improve the long-term delivery rates for women with ectopic pregnancies, and this is under current investigation.
Source: Eshre


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Several technologies help the Escape not only tackle slick road conditions but also improve cornering. AdvanceTrac with Roll Stability Control uses gyroscopic sensors to control body roll and monitors wheel-slip and steering. Curve Control and Torque Vectoring Control help improve stability, while the "Intelligent" 4-wheel drive system uses sensor inputs to actively maintain stability, utilizing an electromagnetic clutch system to send power to the wheels where traction is needed most. The Escape can handle gravel roads and modest forest trails just fine, and when properly equipped, it can tow up to 3,500 pounds. On all models, 4-wheel disc brakes provide strong stopping power, while an electric rack-and-pinion steering system is precise and well-weighted.
The Escape's rakish design doesn't get in the way of interior space either. The model has supportive bucket seats in front with a good view out, as well as space for three passengers in back. There's a generous 34.3 cubic feet of cargo capacity behind the back seat--thanks to a low, 2-position cargo floor -- and that can be expanded to 68.1 cubic feet by flipping forward the second row seatbacks.
Escape S trim come with a generous list of features for a base model, including 17-inch steel wheels, SYNC voice recognition infotainment system, smart device integration, remote keyless entry, steering-wheel audio controls, cruise control, power windows and mirrors, a 6-speaker audio system and a rearview camera system.
The SE trim adds 17-inch alloy wheels, upgraded exterior trim, fog lamps, 10-way power drivers seat, remote engine start, auto start/stop technology, blind spot monitoring, dual chrome exhaust tips, a keyless entry keypad and SiriusXM Satellite Radio compatibility. To keep the interior comfortable, a multi-zone climate control system is standard on the SE trim.
In addition to the SE features, the SEL trim adds leather-trimmed front seats, leather wrapped steering wheel and shift knob, heated mirrors, 10-speaker Sony audio system, LED lighting and power liftgate. The infotainment system is the SEL is also upgraded to Ford's SYNC 3 system and 8-inch display, which includes SYNC Connect, Apple CarPlay and Android Auto.
Finally, the top-of-the-line Titanium adds 19-inch alloy wheels, remote start, heated front seats, heated steering wheel, silver roof rails, a 12-speaker Sony premium audio system, navigation system, HID headlights, hands-free power liftgate and automatic parking.
The 2019 Escape incorporates many standard and available safety features, including a host of air bags, daytime running lights, traction control, stability control, brake assist, blind spot monitoring, lane departure warning and lane keeping assist.


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It looks like something out of a science fiction movie, inside the Chernobyl exclusion zone. A former top secret military object used by the Soviet Union, the mysterious giant antenna system called the Duga-3, was the origin of an extremely powerful but anonymous signal between 1976 to 1989. The sharp, tapping signal came without warning, disrupting broadcasts and communications worldwide. Transmission power on some woodpecker transmitters was estimated to be as high as 10 MW EIRP. It was built in the 70\'s as an early missile detection system (over-the-horizon radar system). It was also called the Steel Yard hence its distinctive appearance. The towers are incredible feats of engineering: the big ones measure 479 feet tall and spans a length of 2,460 feet (nearly half a mile). The antenna was deactivated in 1989.
credit: Michael Kötter


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Barnesley Loveseat
Regular price
Regular price
Sale price
Unit price
This loveseat sets the scene for a modern space full of casual flair. Enticing with a textured taupe upholstery with a rich chenille feel, this chic loveseat masters the art of neutrality. Gently flared arms, plush seat cushions and decorative designer pillows perfect the feel-good experience.
Height | 41in | |
Width | 68in | |
Depth | 40in | |
Details | Corner-blocked frame, Attached back and loose cushions, High-resiliency foam cushions wrapped in thick poly fiber, Polyester upholstery, 2 decorative pillows included, Pillows with soft polyfill, Exposed feet with faux wood finish, Platform foundation system resists sagging 3x better than spring system after 20,000 testing cycles by providing more even support, Smooth platform foundation maintains tight, wrinkle-free look without dips or sags that can occur over time with sinuous spring foundations | |
Shade | Light | |
Material | Fabric | |
Lifestyle | Contemporary | |
Dimensions | 68''W x 40''D x 41''H |
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text:
ADDRESS TO COLUMBIA LAW SCHOOL CENTRE ON GLOBAL GOVERNANCE: "Strengthening Peace, Development and Human Rights
through the Rule of Law"
New York, 27 November 2012
Ladies and Gentlemen,
Faculty and students,
It is a pleasure to be here with you today. Thank you for your warm welcome.
Thank you in particular to the Centre on Global Governance for organizing this get-together.
One of the Centre's many merits is its efforts promote contacts between the academic and policy communities.
I have some experience in both, having been a Visiting Professor at Uppsala University and Gothenburg University in Sweden, and having had the privilege to serve in a variety of diplomatic, political and policy posts.
And I am convinced that we are all enriched by such exchanges – thus my presence here today.
I also share with the Centre a belief in the importance of inter-disciplinary approaches to today's complex global problems.
The world is increasingly interdependent. Local problems have regional and global implications, as we are witnessing in Syria and elsewhere in the Middle East.
Likewise, global problems have profoundly local manifestations -- the effects of climate change, terrorism and organized crime on such day-to-day needs as food, governance and security.
In this rapidly shrinking world, the big issues we face need to be looked at and addressed from multiple angles. In this spirit, I want to focus today on the inter-dependence of peace, development and human rights -- and in particular how the rule of law is crucial for strengthening these three pillars of the work of the United Nations.
Ladies and Gentlemen,
Two months ago, the General Assembly held a historic meeting on the rule of law. Certainly, over the years, the rule of law has figured prominently in our work – which should come as no surprise since our Organization is founded on the United Nations Charter, a constitutional piece of international law.
But never before had world leaders gathered at such high levels, in such high numbers, to discuss the subject. Never before had 193 Member States agreed on what the rule of law is, namely that "all persons, institutions and entities, public and private, including the State itself, are accountable to just, fair and equitable laws and are entitled without any discrimination, to equal protection of the law".
It is worth noting some of the Declaration's highlights.
The Declaration covered the breadth of the rule of law, from the importance of independent judiciaries to informal justice systems, transitional justice, transnational organized crime, terrorism, corruption and international trade.
It called for an age of accountability in respect of serious international crimes such as genocide, war crimes and crimes against humanity, and reaffirmed the role of the International Criminal Court in the global fight against impunity. This is something that the Secretary-General has been advocating for a long time, and we were delighted that it found a consensus in the Declaration.
It emphases the importance of the rule of law as a key element in conflict prevention, peacekeeping, conflict resolution and peacebuilding, and stressed that it was a fundamental building block to sustainable peace and security.
The Declaration also detailed the strong linkages between the rule of law and sustainable development, as well as with the protection human rights.
Let us now take a closer look at each of these areas.
First, the links between the rule of law and peace and security.
At the international level, all states are bound in the conduct of their international relations by the UN Charter, as well as the wider body of international law developed under the auspices of the United Nations.
This body of laws covers the spectrum of interaction between states, and regulates their daily conduct.
All states, no matter how big or small, no matter how powerful or not, have a right to expect other states to be subject to these laws, to apply them in their international relations, and to be equal before them.
When disputes arise between states over the application of these laws, the International Court of Justice is available to adjudicate. It is a pity that only 67 Member States have recognised the compulsory jurisdiction of the International Court of Justice, and the rule of law at the international level would be significantly strengthened if more were to accede.
When adhered to, therefore, the rule of law at the international level makes the conduct of Member States predictable and legitimate, and provides a means to peacefully resolve any disputes. It is the anchor and foundation of international peace and security.
At the national level, the rule of law provides the basis for stability by fostering the development of norms, social practices and institutions that ensure the independent functioning of core governance institutions. This strengthens the formal decision-making processes to which political leaders are bound by, and curbs the arbitrary exercise of political power. This is especially important in post-conflict states in order to solidify and build on the political settlement.
Second, curbing the arbitrary exercise of power through the rule of law is also fundamental for human rights, according to which all individuals have rights they can claim vis-à-vis state authority, and states have corresponding duties to uphold. Any disputes regarding the scope and application of these rights and duties are best resolved through independent courts staffed by professional judges, independent human rights commissions and ombudspersons. These core rule of law institutions and mechanisms are some of the most essential tools in empowering people to defend and claim their human rights.
Finally, the rule of law greatly strengthens the conditions for sustainable development.
The most direct connection is, of course, through the creation of a legal framework for business and labour, enforced by independent and professional courts. This allows for the building of a sustainable labour market, and the creation of a vigorous enabling environment for business and investment.
But that is not all. The rule of law makes social and economic opportunities available to all members of society. It provides a right of access to public services, and makes public entities accountable for delivery those services.
These linkages are not one way relationships. As the Declaration adopted on 24 September states: "We are convinced that the rule of law and development are strongly interrelated and mutually reinforcing, that the advancement of the rule of law … is essential for sustained and inclusive economic growth… the eradication of poverty and hunger and the full realization of all human rights and fundamental freedoms… all of which in turn reinforce the rule of law…."
These mutually reinforcing linkages bring back the fundamental formula of the UN World Summit in September 2005. There is no peace without development; there is no development without peace; there is no lasting peace and sustainable development without respect for human rights.
The World Bank's 2011 World Development Report advanced this idea by bringing forward concrete evidence that that three interlinked issues are central in breaking cycles of fragility: security, justice and jobs. Each can be strengthened through the rule of law.
We see this need for an integrated approach in conflict-torn areas, where transitional justice contributes to stabilizing security. By prosecuting perpetrators, we begin the process of healing. By facilitating truth and reconciliation, we allow communities to re-unite. By fostering reparations and restitution, we plant the seeds of economic growth and empowerment
Such an integrated approach requires the United Nations to pull together prosecutors and lawyers, social workers, human rights professionals and development experts under the banner of the rule of law.
It compels us to break down walls and develop truly integrated and holistic approaches.
It means we must mainstream the rule of law into all of our work.
By mainstreaming the rule of law in our own work, we will also improve the ways in which we support Member States in strengthening the rule of law. Here, the United Nations has a strong comparative advantage to offer.
We provide rule of law assistance in over 150 Member States. These activities take place in several contexts, including development, conflict, post-conflict and peacebuilding situations. Three or more United Nations entities engage in rule of law activities in at least 70 countries, and five or more entities in over 25 countries. 17 peace operations have rule of law mandates
We support Member States on a wide range of rule of law issues. We work with police, judges corrections officers and other security sector professionals to develop a functioning criminal justice chain that meets international standards and can combat both national and transnational threats.
We focus on civil and administrative justice delivery, including on issues of housing, land and property rights, which are often the root causes of conflicts.
We strive to enhance access to justice for marginalized communities through strengthening civil society, training paralegal staff and using mobile courts.
We aim to bring traditional justice systems in line with minimum international justice standards.
We seek to universalize birth registration and reduce statelessness.
And we work with parliaments to ensure that laws that are promulgated have been fully scrutinized and transparently debated.
The scope and breadth of these efforts gives the United Nations a strong comparative advantage in providing Member States with holistic and sector-wide rule of law assistance.
The United Nations has also developed a large body of universally agreed norms and standards. Much work, however, remains in implementing these at the domestic level. The United Nations is already working successfully with Member States in a number of areas, for instance in anti-corruption and through the various human rights treaty bodies, but much remains to be done. Because the United Nations is the forum for the development of these international norms, as well as their custodian, it has a strong comparative advantage in assisting Member States in implementing them domestically.
Finally, as an impartial organization representing the international community as a whole, the United Nations is ideally placed to support national initiatives to strengthen the rule of law without fear that external interests may taint the advice and support given in this sensitive governance area. Again, this is a strong reason why the UN should have a lead role in providing rule of law assistance.
Ladies and Gentlemen,
I want to conclude with some remarks on a hugely important undertaking that is just getting started, and in which the rule of law can play a significant role.
I refer to efforts of Member States and the international community to articulate a post-2015 development agenda.
Our work for the Millennium Development Goals has achieved remarkable progress in reducing extreme poverty, combating the spread of HIV/AIDS, providing universal primary education and taking other steps to meet the needs of the world's poorest.
But of course, progress has been uneven, within and among countries, and too many people remain in difficulty and despair. As we press to meet all the goals, for all people, by the agreed deadline of 2015, the debate on what framework will succeed the MDGs has become very active.
There is a strong sense that the post-2015 framework needs to include issues and ideas that are acknowledged as crucial to sustainable development but which were not included among the MDGs. One such issue is the rule of law.
The challenge for the United Nations, therefore, will be to present for Member States' consideration a post-2015 development agenda that includes the rule of law, and a set of related indicators. This is a challenge as the post 2015 international development agenda needs to retain its simplicity in order to reach the wide acceptability and recognition that the MDGs achieved. The rule of law, as a multilayered principle of governance, does not necessarily lend itself well to measurements.
Nevertheless, there are concrete ideas which the United Nations and Member States could develop and jointly push forward. For instance, targets related to birth registration could be considered, given that the exercise of rights and citizenship intrinsic to the rule of law stem from this official act. Would homicide rates be valuable as an indicator for security? What kind of data would reflect access to justice for a population? This is an area where the important contributions of the research and academic community will be essential to assist the policy makers.
Ladies and Gentlemen,
This is an exciting time for the rule of law. Its centrality is being recognized as never before – not only in UN conference rooms but in communities across the world. We are witnessing it in the Arab spring, where demands for justice and the rule of law form the core of the protest movements that have toppled long-standing regimes. Justice cannot be divorced from development or stability. Justice is at the core of human rights. Justice and the rule of law must be given their rightful place in all of our work.
Let me finish with a quote from a fellow countryman, Dag Hammarskjöld, who uniquely shaped the United Nations:
"[T]he principle of justice…must be considered as applicable without distinction or discrimination, with one measure and one standard valid for the strong as well as for the weak. Thus the demand of the Charter for a rule of law aims at the substitution of right for might and makes the Organization the natural protector of rights which countries, without it, might find it more difficult to assert and to get respected.'
As usual, Hammarskjöld captured the essence of the subject at hand.
As we seek to carry this work forward, I look forward to your thoughts and contributions.
Thank you.
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Updated. I have been the President and CEO of a profitable US corporation for over 10 years. I'm also all the other executive positions – CIO, CFO, COO – as there is only one employee (me). Here's a brief overview of why I chose to incorporate my business into an S-corporation. Please don't take this as tax advice, this is simply an explanation of my own actions.
I chose to an S-Corporation over an LLC for a variety of reasons (some of which I don't remember anymore), but one of them was – why else? – to save some money. I wrote a wordy post years back – Forming An S-Corporation To Reduce Self-Employment Taxes. Here's a more concise example from MyCorporation, a website that will complete and file the incorporation documents for a fee*:
In an S-Corporation, only earnings paid to an owner as salary is subject to payroll taxes. Any money left in the business for reinvestment or distributed to the shareholder as a dividend is not subject to self-employment tax.
Maria is a sole proprietor bringing in sales of $90,000. After she pays her costs & expenses, her profit is $60,000. As a sole proprietor, she is required to pay self- employment tax of 15.3% on this entire $60K of profit, which equates to $9,180.
Now, let's assume Maria formed an S-Corporation for her business, and chooses to pay herself $35K for the year in salary, and take the remaining $25K of profit through a distribution. She still earns the same $60K in profit. But, let's look at the tax situation. Because corporations only pay Social Security & Medicare taxes on salaries, she's only liable for $5,355, saving over $3,800 in taxes!
I must add that the IRS states that the salary has to be "reasonable" based on the compensation of similar work elsewhere, so don't get crazy with this. You can't pay yourself $20 and a Diet Coke.
If you have a single-person LLC, the default tax situation is very similar to that of a sole-proprietorship. The income passes through to an individual's tax return on Schedule C. However, there are other benefits like limited liability protection of personal assets. (You can also choose to have the LLC taxed as an S-Corporation. Confused yet? I would consult a local attorney for more details on this.)
Additional costs of S-Corporations. As an employer, the S-Corporation has to pay unemployment taxes. The exact rate varies from state to state, but the federal minimum is about $450 per year if your annual income is at least $7,000. However, as both the employer and employee, it is difficult for me to "lay myself off" and claim unemployment benefits. You may also be required to provide other benefits as required by your local area, such as short-term disability insurance.
In addition, I have to run payroll for myself. You can deal with all the federal, state, and local employment forms yourself, which I did for a while, but it can get tedious and the penalties for mistakes can be high. You can also hire a professional payroll service, which can run from $30 to $100 a month.
These additional S-Corp costs can quickly add up to over a thousand dollars per year. As a result, if I had a relatively small income, I would have been better off either staying a sole proprietorship or with a single-member LLC (taxed as a sole proprietorship). The S-Corp starts becoming more worthwhile as the annual profits increase.
Additional costs of LLCs. LLCs can also be subject to state-specific fees. For example, the state of California charges an annual minimum franchise tax of $800 to both S-Corps and LLCs.
Bottom line. There are many facets to the S-Corporation vs. LLC discussion. Unfortunately, it can get quite complicated. I've just tried to provide an example of potential differences in taxation and payroll expenses.
* I actually used LegalZoom to file my incorporation papers, which is their main competitor. I don't really remember any big differences between them, but was happy with my Legalzoom experience.


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How Pink Floyd Went Supernova With 'The Dark Side of the Moon'
The numbers attached to The Dark Side of the Moon are pretty impressive.
More than 50 million copies sold worldwide, 15 straight years on Billboard's album chart, consistently ranked in the Top 10 of many best-albums-ever-made polls. But Pink Floyd's achievements with their eighth LP go deeper than that. Their 1973 epic changed the way people made and listened to albums.
There's still no better head trip – legally, at least – available.
Following original leader Syd Barrett's breakdown and departure from the band in the late '60s, Pink Floyd took off in a different direction. The psychedelic tones Barrett brought to the music were still there, but the albums became headier – sturdier in ways that the always-delicate Barrett couldn't conceive or articulate.
Through a series of musically complex and exploratory records, the four remaining members of Pink Floyd connected personal themes to space age freakout music.
Everything leading up to The Dark Side of the Moon, which was released on March 1, 1973, was mere prep work. With their 43-minute opus, Pink Floyd delivered a masterpiece on death, madness and the post-war problems of kids who came of age in the '50s.
Listen to Pink Floyd's 'Time'
In a way it's a tribute to Barrett, whose mental breakdowns were well-known and well-documented at that point. But it's also a tribute to a generation of young twenty-somethings searching for reason and purpose. The Dark Side of the Moon doesn't necessarily have the answers; the best it can muster is a we're-all-crazy-here shrug. And maybe that's enough.
But the album's 10 songs land with a massive force. From the opening heartbeat instrumental "Speak to Me" to the soul- and mind-cleansing closer "Eclipse," The Dark Side of the Moon made deep, heavy records – ones without obvious radio singles, even though "Money" almost hit the Top 10 – a commercial mainstay for the rest of the decade.
Its influence still resonates indirectly (think Radiohead's string of artsy, musically complex records) and directly (the Flaming Lips covered the entire album in 2009) with artists. It set up Pink Floyd for the rest of their career. It made headphone listening a required luxury. It's the aural equivalent of 2001: A Space Odyssey. And it's still blowing minds.
Shine on ...
David Gilmour and Roger Waters Solo Albums Ranked
When Alice Cooper Got Stoned with Pink Floyd


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Dave Liebman | Steve Dalachinsky | The Fallout of Dreams | RogueArt Jazz
Dave Liebman: Musically conversing with the spoken word is quite a challenge, even more than with a dancer or painter. There are the words and images and then there is the delivery by, in this case, the poet himself. My reactions are probably not much different than anyone else's would be when hearing an expression or phrase, but to translate that into the horn or other instruments is quite daunting. For this project, my old friend Richie Beirach was around and joined us, another Brooklyn Jewish guy from the same hood. The title poem truly depicts our life in 1950/60s's Brooklyn, NY…with all its irony, pathos and joy. This was quite a meeting portraying a host of emotions from the three of us.
Steve Dalachinsky: Long relationships even with their lags in time or because of them often present uncanny knowings/empathy/repartee/ the voices at their best mix the way fine blended drinks mix – no dabbling but pure commitment to the work / no false parity or well rehearsed well trained actors doing their parts / just 2 old friends meeting & greeting to share languages/ opinions/feelings/.
2 guys who grow up sharing similar joys despair passion – the true growin' up blues – drifting apart – reuniting – finding that certain dreams can fall into place – 2 old friends meet become 3 > sweet music is made / tough music / tough words… tough love…. Continue reading


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A Graying Population Reduces Global Warming
You can help the environment by getting old. A demographer has profiled the relationship between age and a person's carbon dioxide emissions, showing that after retirement age, our individual contributions to global warming decline.
"We expect age structure in the longer term to reduce carbon dioxide emissions," said Emilio Zagheni, a research scientist with the Max Planck Institute for Demographic Research in Germany, who conducted the study."This study is specifically for the United States, but the trend is expected to hold at the global level."
The importance of age
Population factors heavily into greenhouse gas-emission projections, however, the influence of the age composition of a population is not included in calculations, like those used by the U.N.'s International Panel for Climate Change. This was part of the motivation for the research, Zagheni said.
The age of the U.S. population is changing; the past four censuses have shown steadily increasing numbers of Americans heading into the 65-and-older category. This segment of the global population is also growing.
Societies with growing elderly populations and consumption patterns similar to the U.S. may see their carbon dioxide emissions drop, Zagheni's research suggests.
But in the U.S., this reduction won't show up immediately. Zagheni estimates that until about 2050, the aging of the U.S. population will, on average, cause our carbon dioxide emissions to rise slightly.
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The green elderly
Using data available for U.S. residents, Zagheni compiled how much Americans of different ages spend on nine energy-intensive products and services, including electricity, gasoline and air travel. He then assigned carbon dioxide emissions weights to these and combined them into a single carbon dioxide emissions profile.
He found that as they age, Americans consume more and more of these things, producing more carbon dioxide as a result. This trend peaks around age 65, and then much of it reverses. Older people tend to spend more on their health, which generally produces lower levels of greenhouse gas emissions. This also reduces the money they have to spend on other, more energy-intensive things.
However, since they are spending more time at home, the use of electricity and natural gas continues to rise among people until they reach 80.
A delay
However, aging is expected to continue to increase emissions for at least several decades, perhaps until 2050, according to a model Zagheni created of an aging, but not growing, U.S. population.
This is because the last members of the post-World War II population bulge, the Baby Boomers, will hit retirement age around 2030. As they continue to age in the years afterward, they will contribute less and less to carbon dioxide emissions, and eventually that reduction will become noticeable. However, rising life expectancy will mean more older people, and so this is expected to contribute to short-term increases in carbon emissions, according to Zagheni. [7 Population Milestones]
He also investigated the effect of population growth in the U.S, and found it will more than counteract aging and will increase emissions overall.
"However, thanks to the changing age structure, in the long term emissions will not increase as much as we would expect based on population growth only," he wrote in an email to LiveScience.
Zagheni's research appears in the journal Demography.
You can follow LiveScience senior writer Wynne Parry on Twitter @Wynne_Parry. Follow LiveScience for the latest in science news and discoveries on Twitter @livescience and on Facebook.


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Genetic code used to engineer a living protein
Yale University researchers have successfully re-engineered the protein-making machinery in bacteria, a technical tour de force that promises to revolutionize the study and treatment of a variety of diseases.
"Essentially, we have expanded the genetic code of E. coli, which allows us synthesize special forms of proteins that can mimic natural or disease states," said Jesse Rinehart of the Department of Cellular and Molecular Physiology and co-corresponding author of the research published in the August 26 issue of the journal Science.
Since the structure of DNA was revealed in the 1950s, scientists have been working hard to understand the nature of the genetic code. Decades of research and recent advances in the field of synthetic biology have given researchers the tools to modify the natural genetic code within organisms and even rewrite the universal recipe for life.
"What we have done is taken synthetic biology and turned it around to give us real biology that has been synthesized," Rinehart explained.
The Yale team — under the direction of Dieter Söll, Sterling Professor of Molecular Biophysics and Biochemistry, professor of chemistry and corresponding author of the paper — developed a new way to influence the behavior of proteins, which carry out almost all of life's functions. Instead of creating something new in nature, the researchers essentially induced phosphorylation, a fundamental process that occurs in all forms of life and can dramatically change a protein's function. The rules for protein phosphorylation are not directly coded in the DNA but instead occur after the protein is made. The Yale researchers fundamentally rewrote these rules by expanding the E. coli genetic code to include phosphoserine, and for the first time directed protein phosphorylation via DNA.
This new technology now enables the production of human proteins with their naturally occurring phosphorylation sites, a state crucial to understanding disease processes. Previously, scientists lacked the ability to study proteins in their phosphorylated or active state. This has hindered research in diseases such as cancer, which is marked by damagingly high levels of protein activation.
"What we are doing is playing with biological switches — turning proteins on or off — which will give us a completely new way to study disease states and hopefully guide the discovery of new drugs," Rinehart said.
"We had to give some very ancient proteins a few modern upgrades," Söll said.
Söll and Rinehart now are attempting to create proteins in states known to be linked to cancer, type 2 diabetes, and hypertension. Both men, however, stressed the technique can be done for any type of protein.
"Dr. Söll and his colleagues have provided researchers with a powerful new tool to use in uncovering how cells regulate a broad range of processes, including cell division, differentiation and metabolism," said Michael Bender, who oversees protein synthesis grants at the National Institute of General Medical Sciences of the National Institutes of Health.
Provided by Yale University