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Library At Trinity College
Library of Trinity College Dublin serves Trinity College and the University of Dublin. It is the largest library in Ireland and, as a legal deposit or copyright library, it has rights to receive material published in the Republic of Ireland
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IHG Grows the Holiday Inn Brand® in New York City
Hotel on Staten Island convenient for both business and leisure travelers
ATLANTA, 19 November, 2014 – InterContinental Hotels Group (IHG), one of the world's leading hotel companies, today announced the opening of the Holiday Inn® Staten Island hotel. With over 50 IHG-branded hotels open in the New York metropolitan area and nearly 15 additional hotels in the pipeline, this five-story, 105-room property is expected to generate nearly 20 jobs on Staten Island.
"We are thrilled to welcome this property to the Holiday Inn Portfolio of Brands," said Heather Balsley, senior vice president, Americas Core Brands & Brand Operations. "The Holiday Inn Staten Island hotel is one of more than 1,200 properties worldwide representing the new face of a brand that is redefining guest comfort and convenience, and Staten Island is a market where we believe this new Holiday Inn hotel will thrive."
This addition to IHG's New York City hotels is just a short distance from prominent area attractions such as the Staten Island Zoo, the Staten Island Museum and Snug Harbor Cultural Center & Botanical Garden. Guests will also enjoy the hotel's complimentary shuttle service to the Staten Island Ferry. The hotel is slated to be a preferred hotel of the Staten Island Yankees team, which plays at the Richmond County Bank Ballpark.
The Holiday Inn brand was conceived as a way to bring the joy of travel to families in a fun, affordable and comfortable way. The brand's innovative approach changed the way millions of people travel and ended up bringing the whole world together. Now, over 62 years later, the brand continues to evolve to meet the demands of today's traveler. That's why IHG invested in the $1 billion Holiday Inn global brand relaunch, the largest in hospitality history. The relaunch continues to drive increased quality and consistency across the global portfolio, and new hotels feature a contemporary image with emphasis on arrival and welcome services, guest room and guest bath comfort and a redesigned logo and signage.
"We are delighted to grow the Holiday Inn brand on Staten Island", said Brian McSherry, chief operating officer of M&R Hotel Management, which operates the hotel. "New York City is a strong market for business and leisure travel, and we are confident that our guests will enjoy the amenities that they have come to know and expect from the Holiday Inn brand."
The hotel's restaurant – Lillies – serves breakfast and dinner and also offers the Holiday Inn Best-4-Breakfastâ menu, with signature items such as Rainforest Alliance™ Certified coffee, Cinnamon Supreme French Toast™ and Skillet Inspirations™. Kids 12 and younger eat free at Holiday Inn hotels when ordering from the kids' menu in the hotel restaurant and accompanied by a dining adult. Room Service Right … On Time™, also a standard at all Holiday Inn hotels, ensures that guests' room service orders are accurate and delivered on time, every time. The hotel includes flexible event space that can accommodate up to 30 people.
The hotel design creates a familiar atmosphere that is warm and comfortable. Guest beds are made using crisp, white bedding with pillows that come in two comfort levels: "soft" and "firm." The bathrooms include a multifunctional showerhead as well as a signature shower curtain with curved rod and Bath & Body Works® amenities. Guest rooms feature comfortable double, queen or king-sized beds and modern décor. In addition, each room has a sitting area with a lounge chair, hairdryer, micro fridge, coffee maker, iron and ironing board. The guest rooms include business-focused necessities such as an ergonomic workstation, free high-speed wireless Internet and complimentary USA TODAY® newspapers.
The Holiday Inn Staten Island, owned and managed by M&R Hotel Management, is franchised by an affiliate of IHG. The company also owns and manages the nearby Holiday Inn Express® Staten Island West hotel. The Holiday Inn brand is part of IHG's diverse family of brands in nearly 100 countries and territories, and meets the needs of guests, whatever the occasion – whether an overnight getaway, a business trip, a family celebration or a once-in-a-lifetime experience. The Holiday Inn Portfolio of Brands participates in IHG's hotel rewards program, IHG® Rewards Club. The industry's first and largest hotel rewards program is free, and guests can enroll at IHGRewardsClub.com, by downloading the IHG® App, by calling 1-888-211-9874 or by inquiring at the front desk of any of IHG's more than 4,700 hotels worldwide.
About the Holiday Inn® brand
With 1,149 hotels worldwide, the Holiday Inn® brand is the most widely recognized lodging brand in the world. In fact, the Holiday Inn brand was one of the first international hotel brands to establish a presence in China in 1984. The Holiday Inn brand provides the services that business travelers need, while also offering a comfortable atmosphere where all people can relax and enjoy amenities such as restaurants and room service, swimming pools, fitness centers and comfortable lounges. The casual atmosphere and amenities such as meeting and on-site business facilities, and Kids Stay and Eat Free programs, demonstrates the long-standing commitment of the Holiday Inn brand to serving travelers and have helped to establish the brand as "America's Favorite Hotel." For more information about the Holiday Inn brand, visit www.holidayinn.com or call 1-888-HOLIDAY. Find us on Twitter http://www.twitter.com/holidayinn or Facebook www.Facebook.com/holidayinnhotels.
SOURCE: InterContinental® Hotels & Resorts


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The September 2011 issue of Wisconsin Lawyer included an article about class actions, which led to the recommended title for this month.
When researching class action litigation at the WI State Law
Library, there is little doubt that Newberg on Class Actions will give you a comprehensive analysis
of that area of litigation. However, as a ten volume set it is a little
difficult to check out and carry from the library without a large and
well-constructed bag. For a smaller overview that goes beyond a nutshell, try Class Actions: the Law of 50 States, by Thomas Dickerson (Law
Journal Seminars Press).
Like the larger Newberg set, Dickerson's Class Actions provides commentary on
requirements for class action cases and prefiling considerations – all heavily
annotated with state cases.
Dickerson's structured analysis follows the general flow of
a class action case, beginning with selecting representatives and finishing
with settlements, costs, and fees. Along the way is also covered:
- Class Action Fairness Act of 2005
- Pre and post-certification discovery
- Responding to motions and counterclaims
- General state practice and notice requirements


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Just days after television host John Oliver confronted Dustin Hoffman during a tense Q&A following a screening of Wag the Dog, another woman has come forward with allegations of sexual misconduct. Kathryn Rossetter, who starred opposite Hoffman in the 1983 Broadway production of Death of a Salesman and later in the 1985 television adaptation, has shared her story of the alleged, repeated sexual harassment, groping and assault she endured at the hands of the actor.
Like Hoffman's first accuser, writer Anna Graham Hunter, Rossetter has penned a heart-wrenching and disturbing essay for The Hollywood Reporter in which she details the numerous ways that Hoffman allegedly harassed and groped her during the Broadway production. Though Rossetter notes that she did not witness or experience such behavior on the set of the television adaptation of Death of a Salesman (where Hoffman allegedly harassed and groped Hunter), she heartbreakingly articulates her own trauma from 1983.
At the time, Rossetter was an aspiring, unknown actress, and Hoffman was so taken with her during the audition that he helped her land the part of his character's mistress in the Arthur Miller play. Rossetter explains that Hoffman's advances began innocuously (a request for a quick back rub) before evolving into something far more uncomfortable — and unwanted. Hoffman, she says, repeatedly groped and, on at least one occasion, digitally penetrated her during their performances, which ran six to eight times a week.
For one scene in the play, Rossetter had to stand in the wing on stage left and laugh into a microphone. She would be wearing a slip for their final scene together, and Hoffman's dressing table was positioned directly behind her:
One night in Chicago, I felt his hand up under my slip on the inside of my thighs. I was completely surprised and tried to bat him away while watching the stage for my cues. After the show he was busy with the producer and director so I had no access to him to address it. It then happened almost every show. Six to eight shows a week. I couldn't speak to him in the moment because I was on a live mic. He kept it up and got more and more aggressive. One night he actually started to stick his fingers inside me. Night after night I went home and cried. I withdrew and got depressed and did not have any good interpersonal relationships with the cast. How could the same man who fought to get me the job, who complimented my work, who essentially launched my career, who gave me the benefit of his wisdom as an actor, how could he also be this sexual power abuser? Was I doing something? Was it my fault?
Rossetter says "the groping continued" along with harassment and repeated embarrassments in front of cast and crew members. At parties, when posing together for a photo, Hoffman would allegedly grope her breast quickly just before the camera flashed. At the top of the article, Rossetter provided a photo in which Hoffman is caught in the act.
After the shows at parties, whenever he had a picture taken with me, he would put his arm around my rib cage and then grab my breast just before they snapped the picture and then remove it. He was very skilled at dropping his hand just as the picture snapped to avoid it being recorded. But it was pre-digital. You didn't know what was there until they were developed. Only by luck do I have one such picture — where the camera caught him in the act. A picture I had taken with hopes of sending it to my family. A millisecond in time. There I am — big smile and my arm moving toward his with the intention to push it away. But caught as it is, it seems I'm complicit with the gesture. I was not. Not ever.
Representatives for Hoffman declined to comment, but directed THR to several of the actor's other co-stars from Death of a Salesman — all of whom "did not recall witnessing any of the conduct described by Rossetter and questioned her account." Tom Kelly, the production stage manager, said, "It just doesn't ring true. Given my position, it's insulting to say this kind of activity would go on to the extent of sexual violation."
But as evidenced by the flood of recent allegations, most sexual misconduct happens in private. If attended by others, predators typically ensure those people are complicit or trusted allies. Given the timing of Rossetter and Hunter's allegations, most of Hoffman's harassment was likely perceived as harmless by his peers and colleagues.
The actor essentially confirmed as much himself when confronted by Oliver earlier this week about the initial allegations. Although Hoffman previously released a statement apologizing for his behavior, he was more combative and defensive with Oliver, claiming he had no recollection of Hunter and was unsure they'd ever met (a photograph of Hoffman with his arm around Hunter appeared at the top of her essay, as well). Hoffman also said that he didn't believe that he'd done anything wrong, and explained that any perceived verbal harassment was merely how "family" members interacted on sets.
Hoffman's response isn't uncommon; many men accused of harassment and misconduct often don't think they've committed a wrong because they've long believed that these behaviors are okay — whether due to the era in which they were raised, or a society that silences women and rewards their abusers.
THR pre-empted Rossetter's essay with an editor's note that reads, in part: "Since THR published Hunter's account, several other women have approached the publication with similar stories about Hoffman's conduct at various times and places dating back to the 1970s."


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Home › RM-Q1 Rough Quartz Crystals B grade by lb
#RM-Q1 Rough Quartz Crystals, B grade, in assorted sizes. Sold by the pound.
Chemical Compostion: Silicon DioxideHardness: 7Location: Quartz is one of the most abundant minerals in the world. Sand is mostly comprised of quartz; even the dust in the air is high in quartz content. The most well-known form of quartz is clear rock crystal, and it may be found throughout the world. Particularly fine specimens are currently found in Brazil, the United States, the Swiss Alps, the Himalayas, Peru, and Madagascar. The largest single quartz crystal recorded was approximately 20 feet long and weighed more than 48 tons.Yes, crystals really do vibrate! That is the answer to one of the most commonly asked questions by my customers. To prove my answer, I simply point out the watch on their wrist. Quartz is both piezoelectric and pyroelectric. It is used as oscillators and filters...from radios and televisions, telephone services to high-tech, industrial, and medical equipment...quartz crystal is essential! Crystals are also now grown in the laboratory using a hydrothermal process, because this process yields pure, flawless crystal for oscillator plates.Even though I am in contact with hundreds of varieties of stones in my business, I am always amazed at and drawn to clear quartz crystal. I find its purity and beauty in its natural form absolutely mesmerizing!Metaphysical properties: Clear quartz crystal is the universal stone. Everyone should have one! It corresponds to all zodiac signs, and is a pure and powerful energy source. It receives, activates, stores, transmits, and amplifies energy. Stimulates brain functions and activates all levels of consciousness. Excellent for meditation. Brings harmony to the soul..I have heard of and read many tales associated with the quartz crystal...that the ancient Atlanteans and Lemurians utilized the power of crystals...that a crystal was a main component in the workings of a device used within the great pyramid of Egypt for initiation...abductees reporting the use of crystals by aliens.There are many peculiar and rare formations of quartz crystals which have specific metaphysical properties, but I do not have enough room in my website to cover them all! We will offer such crystals upon availability, and their properties will be outlined.


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BIOGRAPHY - Alfred de Breanski, Jr. (1877 - 1957)
Alfred Fontville de Breanski was born into a family of painters. Not only was his father the highly regarded Victorian landscape painter, Alfred de Bréanski, Sr., but his mother was the Welsh painter, Annie Roberts. In addition, his uncle Gustave de Bréanski was a noted seascape painter, and his aunt Julie had also trained as an artist. Working as a painter, then, was something of a family business. Born in London in 1877, the young de Breanski was the oldest son in a family of seven children. Naturally, he began to study art early in life, training with his father and uncle along with his younger brother, Arthur. He then enrolled at St. Martins School of Art, the prestigious London institution now known as Central St. Martins College of Art and Design.
Because of his father's work as a landscape painter, the family often traveled to Wales where the scenery was especially appealing—and of course, Annie Roberts de Bréanski's family was there. This provided an opportunity for the children to test their abilities as landscape artists and to master the skills they would later need to establish their own careers. A. F. de Breanski's early works are, unsurprisingly, in the style of his father—luminous naturalistic landscapes of Welsh mountains or Scottish Highlands.
Because of the similarity of their names, a note must be added about the signatures used by the elder and younger Alfred de Breanski. In general, the elder painter used his full name, including an accent aigu over the "é" in his last name, while his son did not. Alfred Jr. often signed his work as A. F. de Breanski, sometimes including "Jr." after his last name; occasionally he also used A. Fontville rather than Breanski. The system wasn't foolproof, but it did aid in clarifying which member of this talented family was the source of a particular painting.
By the 1890s, de Breanski ventured to France to "finish" his artistic education. There he met the elderly James McNeil Whistler and also explored the incredibly diverse arts community of belle époque Paris. The influence of this sojourn is evident in his increasingly Symbolist treatment of his characteristic landscapes, as in Evening at Loch Vennaeker where naturalism has evolved into a more abstract composition intended as a private meditative image. Simultaneously, he absorbed the Impressionist's emphasis on unadulterated color and stenographic brushwork. Fishing Fleet in the Harbour, for example, owes a debt to the work of Alfred Sisley and Claude Monet in its concentration on the effects of light on water, and the clearly visible brushstrokes defining the scene.
On his return to London, de Breanski began to display his paintings at the annual metropolitan exhibitions, both at the Royal Academy and at the Royal Society of British Artists, a more unbiased exhibition venue than the conventional Academy. Beginning in 1905, he enjoyed considerable success with a series of garden paintings, this time using an Impressionistic approach to technique to depict the traditional picturesque elements of English garden design. Included in this popular group of paintings at the Royal Academy exhibitions were: A Cottage Garden, 1907; Summer, 1912; Willows, 1914; and Autumn Gold, 1917. Although not documented as an intentional series on the theme of English gardens, it seems likely that de Breanski was influenced by the well-known series paintings produced by Monet beginning in the 1880s. In addition, Monet himself lived in London for brief periods in 1901 and 1904-05 while working on a series of paintings featuring the Thames River and the Houses of Parliament, a fact that was duly recorded in the local newspapers.
In large part because of the warm critical and popular reception of de Breanski's garden paintings, he was approached by the Underground Electric Railways Company to design at least two posters for the new London transit system. Both of these 30 x 20 inch images were intended to remind Londoners that the beauty of parks, gardens and forests were readily accessible to everyone simply by hopping on the trams. Twickenham by Tram illustrates two swans in the foreground of a bucolic pond while modest slips for rowboats dot the shoreline in the distance; broad flat areas of golden ink and delicate cream-colored reflections suggest a bright sunny day in suburban Twickenham—surely a destination that all right-minded Londoners would want to explore. Likewise, Kew Gardens by Tram showcases the renowned botanical gardens there, spotlighting the water lilies in full bloom in the foreground.
Printed in 1915 by Johnson, Riddle & Company, Ltd., these decidedly art nouveau designs were posted on the front of buses and on the side panels of the new trams, thus reinforcing the concept that high quality art was not restricted to salons, academies and museums, but available to all people every day. With these posters, de Breanski positioned himself firmly in the modern movement of the early twentieth century, dedicated to unifying so-called "high art" with "commercial art," very much in the spirit of the Parisian poster artists, Henri de Toulouse-Lautrec and Jules Chéret.
During the 1920s de Breanski continued to paint landscapes and garden images although by then his work began to seem somewhat old-fashioned. In more recent times, there has been a reassessment of his work as scholars begin to explore historical developments beyond the modernist canon.
Janet Whitmore, Ph.D.
Selected Museums
Government Art Collection, Department for Culture, Media and Sport, London
London Transport Museum
Watford Museum, Watford, UK


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Wakhi trader..Wakhi winter shepherds known as "Shpunds" in their settlement of Kher Metek, on the edge of the Little Pamir. They often look over Kyrgyz sheep and yak herds for payment in animals. .Winter expedition through the Wakhan Corridor and into the Afghan Pamir mountains, to document the life of the Afghan Kyrgyz tribe. January/February 2008. Afghanistan
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July 23, 2024
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The 2023 Florida Statutes (including Special Session C)
Title XL
Chapter 718
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Authority, responsibility, and duties of Division of Florida Condominiums, Timeshares, and Mobile Homes.
The division may enforce and ensure compliance with this chapter and rules relating to the development, construction, sale, lease, ownership, operation, and management of residential condominium units and complaints related to the procedural completion of milestone inspections under s.
. In performing its duties, the division has complete jurisdiction to investigate complaints and enforce compliance with respect to associations that are still under developer control or the control of a bulk assignee or bulk buyer pursuant to part VII of this chapter and complaints against developers, bulk assignees, or bulk buyers involving improper turnover or failure to turnover, pursuant to s.
. However, after turnover has occurred, the division has jurisdiction to investigate complaints related only to financial issues, elections, and the maintenance of and unit owner access to association records under s.
(12), and the procedural completion of structural integrity reserve studies under s.
The division may make necessary public or private investigations within or outside this state to determine whether any person has violated this chapter or any rule or order hereunder, to aid in the enforcement of this chapter, or to aid in the adoption of rules or forms.
The division may submit any official written report, worksheet, or other related paper, or a duly certified copy thereof, compiled, prepared, drafted, or otherwise made by and duly authenticated by a financial examiner or analyst to be admitted as competent evidence in any hearing in which the financial examiner or analyst is available for cross-examination and attests under oath that such documents were prepared as a result of an examination or inspection conducted pursuant to this chapter.
The division may require or permit any person to file a statement in writing, under oath or otherwise, as the division determines, as to the facts and circumstances concerning a matter to be investigated.
For the purpose of any investigation under this chapter, the division director or any officer or employee designated by the division director may administer oaths or affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. Upon the failure by a person to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all affected persons, the division may apply to the circuit court for an order compelling compliance.
Notwithstanding any remedies available to unit owners and associations, if the division has reasonable cause to believe that a violation of any provision of this chapter or related rule has occurred, the division may institute enforcement proceedings in its own name against any developer, bulk assignee, bulk buyer, association, officer, or member of the board of administration, or its assignees or agents, as follows:
The division may permit a person whose conduct or actions may be under investigation to waive formal proceedings and enter into a consent proceeding whereby orders, rules, or letters of censure or warning, whether formal or informal, may be entered against the person.
The division may issue an order requiring the developer, bulk assignee, bulk buyer, association, developer-designated officer, or developer-designated member of the board of administration, developer-designated assignees or agents, bulk assignee-designated assignees or agents, bulk buyer-designated assignees or agents, community association manager, or community association management firm to cease and desist from the unlawful practice and take such affirmative action as in the judgment of the division carry out the purposes of this chapter. If the division finds that a developer, bulk assignee, bulk buyer, association, officer, or member of the board of administration, or its assignees or agents, is violating or is about to violate any provision of this chapter, any rule adopted or order issued by the division, or any written agreement entered into with the division, and presents an immediate danger to the public requiring an immediate final order, it may issue an emergency cease and desist order reciting with particularity the facts underlying such findings. The emergency cease and desist order is effective for 90 days. If the division begins nonemergency cease and desist proceedings, the emergency cease and desist order remains effective until the conclusion of the proceedings under ss.
If a developer, bulk assignee, or bulk buyer fails to pay any restitution determined by the division to be owed, plus any accrued interest at the highest rate permitted by law, within 30 days after expiration of any appellate time period of a final order requiring payment of restitution or the conclusion of any appeal thereof, whichever is later, the division must bring an action in circuit or county court on behalf of any association, class of unit owners, lessees, or purchasers for restitution, declaratory relief, injunctive relief, or any other available remedy. The division may also temporarily revoke its acceptance of the filing for the developer to which the restitution relates until payment of restitution is made.
The division may petition the court for appointment of a receiver or conservator. If appointed, the receiver or conservator may take action to implement the court order to ensure the performance of the order and to remedy any breach thereof. In addition to all other means provided by law for the enforcement of an injunction or temporary restraining order, the circuit court may impound or sequester the property of a party defendant, including books, papers, documents, and related records, and allow the examination and use of the property by the division and a court-appointed receiver or conservator.
The division may apply to the circuit court for an order of restitution whereby the defendant in an action brought under subparagraph 4. is ordered to make restitution of those sums shown by the division to have been obtained by the defendant in violation of this chapter. At the option of the court, such restitution is payable to the conservator or receiver appointed under subparagraph 4. or directly to the persons whose funds or assets were obtained in violation of this chapter.
The division may impose a civil penalty against a developer, bulk assignee, or bulk buyer, or association, or its assignee or agent, for any violation of this chapter or related rule. The division may impose a civil penalty individually against an officer or board member who willfully and knowingly violates this chapter, an adopted rule, or a final order of the division; may order the removal of such individual as an officer or from the board of administration or as an officer of the association; and may prohibit such individual from serving as an officer or on the board of a community association for a period of time. The term "willfully and knowingly" means that the division informed the officer or board member that his or her action or intended action violates this chapter, a rule adopted under this chapter, or a final order of the division and that the officer or board member refused to comply with the requirements of this chapter, a rule adopted under this chapter, or a final order of the division. The division, before initiating formal agency action under chapter 120, must afford the officer or board member an opportunity to voluntarily comply, and an officer or board member who complies within 10 days is not subject to a civil penalty. A penalty may be imposed on the basis of each day of continuing violation, but the penalty for any offense may not exceed $5,000. The division shall adopt, by rule, penalty guidelines applicable to possible violations or to categories of violations of this chapter or rules adopted by the division. The guidelines must specify a meaningful range of civil penalties for each such violation of the statute and rules and must be based upon the harm caused by the violation, upon the repetition of the violation, and upon such other factors deemed relevant by the division. For example, the division may consider whether the violations were committed by a developer, bulk assignee, or bulk buyer, or owner-controlled association, the size of the association, and other factors. The guidelines must designate the possible mitigating or aggravating circumstances that justify a departure from the range of penalties provided by the rules. It is the legislative intent that minor violations be distinguished from those which endanger the health, safety, or welfare of the condominium residents or other persons and that such guidelines provide reasonable and meaningful notice to the public of likely penalties that may be imposed for proscribed conduct. This subsection does not limit the ability of the division to informally dispose of administrative actions or complaints by stipulation, agreed settlement, or consent order. All amounts collected shall be deposited with the Chief Financial Officer to the credit of the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund. If a developer, bulk assignee, or bulk buyer fails to pay the civil penalty and the amount deemed to be owed to the association, the division shall issue an order directing that such developer, bulk assignee, or bulk buyer cease and desist from further operation until such time as the civil penalty is paid or may pursue enforcement of the penalty in a court of competent jurisdiction. If an association fails to pay the civil penalty, the division shall pursue enforcement in a court of competent jurisdiction, and the order imposing the civil penalty or the cease and desist order is not effective until 20 days after the date of such order. Any action commenced by the division shall be brought in the county in which the division has its executive offices or in the county where the violation occurred.
If a unit owner presents the division with proof that the unit owner has requested access to official records in writing by certified mail, and that after 10 days the unit owner again made the same request for access to official records in writing by certified mail, and that more than 10 days has elapsed since the second request and the association has still failed or refused to provide access to official records as required by this chapter, the division shall issue a subpoena requiring production of the requested records where the records are kept pursuant to s.
In addition to subparagraph 6., the division may seek the imposition of a civil penalty through the circuit court for any violation for which the division may issue a notice to show cause under paragraph (r). The civil penalty shall be at least $500 but no more than $5,000 for each violation. The court may also award to the prevailing party court costs and reasonable attorney fees and, if the division prevails, may also award reasonable costs of investigation.
The division may prepare and disseminate a prospectus and other information to assist prospective owners, purchasers, lessees, and developers of residential condominiums in assessing the rights, privileges, and duties pertaining thereto.
The division may adopt rules to administer and enforce this chapter.
The division shall establish procedures for providing notice to an association and the developer, bulk assignee, or bulk buyer during the period in which the developer, bulk assignee, or bulk buyer controls the association if the division is considering the issuance of a declaratory statement with respect to the declaration of condominium or any related document governing such condominium community.
The division shall furnish each association that pays the fees required by paragraph (2)(a) a copy of this chapter, as amended, and the rules adopted thereto on an annual basis.
The division shall annually provide each association with a summary of declaratory statements and formal legal opinions relating to the operations of condominiums which were rendered by the division during the previous year.
The division shall provide training and educational programs for condominium association board members and unit owners. The training may, in the division's discretion, include web-based electronic media and live training and seminars in various locations throughout the state. The division may review and approve education and training programs for board members and unit owners offered by providers and shall maintain a current list of approved programs and providers and make such list available to board members and unit owners in a reasonable and cost-effective manner.
The division shall maintain a toll-free telephone number accessible to condominium unit owners.
The division shall develop a program to certify both volunteer and paid mediators to provide mediation of condominium disputes. The division shall provide, upon request, a list of such mediators to any association, unit owner, or other participant in alternative dispute resolution proceedings under s.
requesting a copy of the list. The division shall include on the list of volunteer mediators only the names of persons who have received at least 20 hours of training in mediation techniques or who have mediated at least 20 disputes. In order to become initially certified by the division, paid mediators must be certified by the Supreme Court to mediate court cases in county or circuit courts. However, the division may adopt, by rule, additional factors for the certification of paid mediators, which must be related to experience, education, or background. Any person initially certified as a paid mediator by the division must, in order to continue to be certified, comply with the factors or requirements adopted by rule.
If a complaint is made, the division must conduct its inquiry with due regard for the interests of the affected parties. Within 30 days after receipt of a complaint, the division shall acknowledge the complaint in writing and notify the complainant whether the complaint is within the jurisdiction of the division and whether additional information is needed by the division from the complainant. The division shall conduct its investigation and, within 90 days after receipt of the original complaint or of timely requested additional information, take action upon the complaint. However, the failure to complete the investigation within 90 days does not prevent the division from continuing the investigation, accepting or considering evidence obtained or received after 90 days, or taking administrative action if reasonable cause exists to believe that a violation of this chapter or a rule has occurred. If an investigation is not completed within the time limits established in this paragraph, the division shall, on a monthly basis, notify the complainant in writing of the status of the investigation. When reporting its action to the complainant, the division shall inform the complainant of any right to a hearing under ss.
. The division may adopt rules regarding the submission of a complaint against an association.
Condominium association directors, officers, and employees; condominium developers; bulk assignees, bulk buyers, and community association managers; and community association management firms have an ongoing duty to reasonably cooperate with the division in any investigation under this section. The division shall refer to local law enforcement authorities any person whom the division believes has altered, destroyed, concealed, or removed any record, document, or thing required to be kept or maintained by this chapter with the purpose to impair its verity or availability in the department's investigation.
The division may:
Contract with agencies in this state or other jurisdictions to perform investigative functions; or
Accept grants-in-aid from any source.
The division shall cooperate with similar agencies in other jurisdictions to establish uniform filing procedures and forms, public offering statements, advertising standards, and rules and common administrative practices.
The division shall consider notice to a developer, bulk assignee, or bulk buyer to be complete when it is delivered to the address of the developer, bulk assignee, or bulk buyer currently on file with the division.
In addition to its enforcement authority, the division may issue a notice to show cause, which must provide for a hearing, upon written request, in accordance with chapter 120.
The division shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairs of the legislative appropriations committees an annual report that includes, but need not be limited to, the number of training programs provided for condominium association board members and unit owners, the number of complaints received by type, the number and percent of complaints acknowledged in writing within 30 days and the number and percent of investigations acted upon within 90 days in accordance with paragraph (m), and the number of investigations exceeding the 90-day requirement. The annual report must also include an evaluation of the division's core business processes and make recommendations for improvements, including statutory changes. The report shall be submitted by September 30 following the end of the fiscal year.
Each condominium association which operates more than two units shall pay to the division an annual fee in the amount of $4 for each residential unit in condominiums operated by the association. If the fee is not paid by March 1, the association shall be assessed a penalty of 10 percent of the amount due, and the association will not have standing to maintain or defend any action in the courts of this state until the amount due, plus any penalty, is paid.
All fees shall be deposited in the Division of Florida Condominiums, Timeshares, and Mobile Homes Trust Fund as provided by law.
On or before January 1, 2023, condominium associations existing on or before July 1, 2022, must provide the following information to the division in writing, by e-mail, United States Postal Service, commercial delivery service, or hand delivery, at a physical address or e-mail address provided by the division and on a form posted on the division's website:
The number of buildings on the condominium property that are three stories or higher in height.
The total number of units in all such buildings.
The addresses of all such buildings.
The counties in which all such buildings are located.
The division must compile a list of the number of buildings on condominium property that are three stories or higher in height, which is searchable by county, and must post the list on the division's website. This list must include all of the following information:
The name of each association with buildings on the condominium property that are three stories or higher in height.
The number of such buildings on each association's property.
The addresses of all such buildings.
The counties in which all such buildings are located.
An association must provide an update in writing to the division if there are any changes to the information in the list under paragraph (b) within 6 months after the change.
s. 1, ch. 76-222; s. 1, ch. 77-174; s. 2, ch. 77-221; s. 4, ch. 78-323; ss. 4, 12, ch. 78-340; s. 32, ch. 79-4; s. 15, ch. 79-314; s. 1, ch. 81-28; ss. 1, 2, 3, ch. 81-54; s. 4, ch. 81-172; s. 6, ch. 81-185; s. 477, ch. 81-259; ss. 1, 4, ch. 82-46; s. 2, ch. 82-113; ss. 5, 7, ch. 82-199; s. 154, ch. 83-216; s. 16, ch. 84-368; s. 5, ch. 85-60; s. 8, ch. 86-175; s. 18, ch. 87-102; s. 16, ch. 91-103; s. 5, ch. 91-426; s. 12, ch. 92-49; s. 233, ch. 94-218; s. 299, ch. 96-410; s. 1774, ch. 97-102; s. 3, ch. 97-301; s. 221, ch. 98-200; s. 62, ch. 2000-302; s. 1891, ch. 2003-261; s. 21, ch. 2008-28; s. 4, ch. 2008-134; s. 48, ch. 2008-240; s. 90, ch. 2009-21; s. 17, ch. 2010-174; s. 13, ch. 2021-99; s. 22, ch. 2021-135; s. 10, ch. 2022-269; s. 119, ch. 2023-8; s. 22, ch. 2023-203.
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Large Commercial Bakery Startup Runs Fast-Growing Process Manufacturing Business with NetSuite Cloud ERP
NETSUITE SUITEWORLD 2016 SAN JOSE, Calif.—May 18, 2016—NetSuite Inc. (NYSE: N), the industry's leading provider of cloud-based financials / ERP and omnichannel commerce software suites, today announced that Specialty Bakery, a leading supplier of frozen bakery goods, has deployed NetSuite to run its entire core business including sales, purchasing, order management, supply chain execution, manufacturing, warehouse management and financials. With NetSuite, Specialty Bakery opened a state-of-the-art, 225,000-square-foot commercial bakery in Indianapolis, Indiana, where employees use shop floor mobile devices for real-time access to inventory, order and shipping data for better quality control and execution.
Launched as a green-field project in 2013 by innovators from the commercial baking industry, Specialty Bakery's strategy is to invest in top-quality baking equipment, personnel and IT infrastructure as it grows its business in the food service and retail in-store bakery industries. After evaluating competing SAP and Microsoft Dynamics NAV (Navision) solutions, Specialty Bakery selected NetSuite based on its rapid implementation time, customization capability with the lowest total cost of ownership (TCO) and deep batch manufacturing functionality. This helps the company to gain process automation for optimal efficiency, quality control tracking and scalability to expand the business as new customers come on board—all with a user-friendly interface and functionality.
"We use NetSuite to run the business—it's the cornerstone of our IT strategy," said Specialty Bakery CEO Ahmad Hamade. "When we looked at NetSuite, we were wowed by its capabilities from a manufacturing perspective. NetSuite was hands-down the best solution for us."
With NetSuite, Specialty Bakery is better able to:
"Our strategy from the beginning was to ensure that our investments were highly scalable, and NetSuite aligns very well with that," Specialty Bakery's Hamade said. "We believe we've built a flagship solution with NetSuite that provides real value to our customers in terms of driving efficiencies and speed to market solutions."
Today, approximately 30,000 companies and subsidiaries depend on NetSuite to run complex, mission-critical business processes globally in the cloud. Since its inception in 1998, NetSuite has established itself as the leading provider of enterprise-class cloud ERP suites for divisions of large enterprises and midsized organisations seeking to upgrade their antiquated client/server ERP systems. NetSuite continues its success in delivering the best cloud ERP/financial suites to businesses around the world, enabling them to lower IT costs significantly while increasing productivity, as the global adoption of the cloud accelerates.
Follow NetSuite's Cloud blog, NetSuite's Facebook page and @NetSuiteAPAC Twitter handle for real-time updates.
For more information about NetSuite, please visit www.netsuite.com.sg.
NOTE: NetSuite and the NetSuite logo are service marks of NetSuite Inc.


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Dear Colleague Letter: OFR-NSF Partnership in Support of Research Collaborations in Finance Informatics
Date: May 14, 2013
The Directorate for Computer and Information Science and Engineering (CISE) of the National Science Foundation (NSF) and the Office of Financial Research (OFR) of the Department of Treasury share an interest in advancing basic and applied research centered on Computational and Information Processing Approaches to and Infrastructure in support of, Financial Research and Analysis and Management (CIFRAM).
The complexity of modern financial instruments presents many challenges in recognizing and regulating Systemic Risk. The topic has been the subject of a recent National Academy of Science Report titled "Technical Capabilities Necessary for Systemic Risk Regulation: Summary of a Workshop." The CISE directorate and the Computing Community Consortium have sponsored workshops on Knowledge Representation and Information Management for Financial Risk Management and on Next-Generation Financial Cyberinfrastructure aimed at identifying research opportunities and challenges in CIFRAM.
NSF and OFR have established a collaboration (hereafter referred to as CIFRAM) to identify and fund a small number of exploratory but potentially transformative CIFRAM research proposals. The collaboration enables OFR to support a broad range of financial research related to OFR's mission, including research on potential threats to financial stability. It also assists OFR with the goal of promoting and encouraging collaboration between the government, the private sector, and academic institutions interested in furthering financial research and analysis. The collaboration enables the NSF to nurture fundamental CISE research on a variety of topics including algorithms, informatics, knowledge representation, and data analytics needed to advance the current state of the art in financial research and analysis. Proposals that involve collaborations between Computer Scientists, Mathematicians, Statisticians, and experts in Financial Risk Analysis and Management are especially welcome.
Topics of interest in CIFRAM include, but are not limited to: Analysis of financial networks; algorithms and methods for measuring threats to financial stability; Representation and standardization of financial data and information; Formal methods for representation and analysis of financial contracts and regulations, e.g., logics, ontologies, and rule-based approaches; Complexity of financial systems and relationships; Technologies for modeling and monitoring financial systems and infrastructure; Visualizations of the financial system and its attendant risks; Financial risk management techniques for the quantification of uncertainty and risk, including stress testing, risk and volatility forecasting, and the modeling of statistical distributions, processes, and dependence structures; Representation and querying of uncertain financial data, such as marks to model for infrequently traded instruments; Storage and query tools and techniques applicable to financial data; Assembly, integration, and analysis of new datasets for financial research; Techniques for ensuring the security and confidentiality of sensitive financial data, including approaches for selective sharing; Technologies and methodologies to support investigations of failures and disruptions in financial markets, such as those that might arise from (or be exacerbated by) automated high frequency trading systems; Simulation of financial systems, for example using Monte Carlo and agent-based methods; and Tools to support financial policymaking and decision-making.
Principal Investigators (PIs) interested in seeking research support through the program should submit 2-page white papers to email@example.com. The white paper should briefly outline (i) the research objectives (iii) the new financial research and management capabilities that the research aims to advance, (iii) the innovations in one or more of the CISE research areas that the research aims to accomplish; (iv) the scientific rationale and motivation for the research, (v) the expertise that the team members bring to the project. If OFR and NSF agree that the research idea falls within the scope of CIFRAM, the PI will be invited to submit an EAGER proposal on the topic prepared in accordance with the instructions for EAGER proposals contained in the NSF Grant Proposal Guide and submitted electronically via the NSF FastLane or Grants.gov. Proposals, any review materials, and reports submitted under awards may be shared between NSF and OFR for purposes of administering this collaboration.
For further information, please contact the cognizant NSF program directors Dr. Vasant Honavar (email@example.com) or Dr. Frank Olken (firstname.lastname@example.com ) or the OFR liaison Dr. Mark Flood (email@example.com).


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SAN MATEO, Calif. — March 10, 2010 —NetSuite Inc.(NYSE: N), a leading vendor of cloud computing business management software suites, today announced that it plans to make its cloud computing enterprise resource planning (ERP) suite available in the Google Apps Marketplace, Google's recently launched online storefront for Google Apps™ products and services. NetSuite's cloud-based ERP suite enables users to run their key back-office operations and financial business processes—including accounting, inventory and supply chain, order management and business intelligence—with a single, comprehensive SaaS application. For more information please visit www.netsuite.co.uk/NetSuiteforGoogleApps.
"NetSuite is committed to bringing the power of cloud computing to businesses, so integrating with Google Apps is a logical choice for us," says Zach Nelson, CEO of NetSuite. "By adding NetSuite to the Google Apps Marketplace, we plan to make it extremely easy for Google Apps customers to get a powerful cloud computing ERP application that works seamlessly with their technology platforms."
Google Apps customers integrating with the NetSuite business management software suite will get instant visibility into real-time financial, operational performance and documentation across their entire company securely from any browser-enabled devices. In addition, companies can reduce cost and increase productivity by enabling real-time collaboration on financial data across geographically dispersed teams.
"We are very excited to soon be offering NetSuite in the Google Apps Marketplace," adds Scott McMullan, Google Apps Partner Lead for Google Enterprise. "Through the Google Apps Marketplace, software vendors like NetSuite are helping us build a rich ecosystem of integrated business apps that work seamlessly with Google Apps, allowing IT administrators to leverage the benefits of cloud computing and extend Google Apps to meet more of their business needs."
The Google Apps Marketplace makes it easy for more than 2 million Google Apps customers to discover, purchase and deploy integrated business applications and related professional services. By integrating with user account and application data stored in Google Apps, these cloud applications provide a simpler user experience, increase business efficiency, and reduce administrative overhead. To learn more, visit http://google.com/appsmarketplace.
Google Apps brings simple, powerful communication and collaboration tools to organisations. With Google Apps, users can use applications such as Gmail™ webmail service, Google Talk™ instant messaging service, Google Calendar™ calendaring service, Google Docs™ program, Google Sites™ web application, and Google Video™ for business on their own domain to work together more effectively. Best of all, it's all hosted by Google, so there's no hardware or software to download, install or maintain.
Google, Google Apps Marketplace, Google Apps, Gmail, Google Talk, Google Calendar, Google Docs, Google Sites, and Google Video are trademarks of Google Inc.
For more information about NetSuite Inc., please visit www.netsuite.co.uk.
NOTE: NetSuite and the NetSuite logo are registered service marks of NetSuite Inc.
Cautionary Note Regarding Forward-Looking Statements
This press release contains forward-looking statements relating to expectations, plans, and prospects including expectations relating to the future availability of NetSuite's ERP suite in the Google Apps Marketplace. These forward-looking statements are based upon the current expectations and beliefs of NetSuite's management as of the date of this release, and are subject to certain risks and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements including, without limitation, the risk that NetSuite and Google do not reach a final agreement regarding NetSuite's availability on the Google Apps Marketplace, that either party decides not to move forward with the project or difficulties that could be encountered in completing the application integration. All forward-looking statements in this press release are based on information available to the Company as of the date hereof, and NetSuite disclaims any obligation to update these forward-looking statements.


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County fairs: brash, gaudy, exciting and just a bit dangerous. Ours was held over Labor Day weekend, neatly capping off the summer season. Before the fair, hot, sultry summer reigned, filling our lazy days with the buzz of insects, hot dogs, swimming in the creek and visits to the local ice cream shops; after the fair, school resumed, the seasonal shops closed and the nights grew long and cool. For me, the fair was summer's exclamation point.
Officially dubbed the Columbia County Fair it is commonly known as the Chatham Fair and universally referred to as "the fair" among us locals. It was the genesis of many a cherished childhood memory and one of the reasons I wanted to visit America when we did.
The ephemeral nature of the fair made it mystical. Throughout the year the fairgrounds remained barren, then the trucks would arrive and, in an explosion of chaotic fury, the fair would appear. It opened Thursday and ran until the end of the Monday holiday. The last revelers left at 11 PM and when dawn arrived, the fairgrounds would be empty again. It was magic.
It's an agricultural fair, what did you expect?
The fair shook the summer lethargy out you: the blaring music, the shriek of metal, the sticky, sweet scent of cotton candy and the pervading stench of diesel exhaust slapped you as you walked in. The air was hot, dry and dusty, the rides dizzying and at night, the lights blazed in unabashed, gaudy glory.
Along the perimeter were the gaming booths, with their impossible odds and lame prizes and barkers who cajoled, flattered and insulted until you skulked out of earshot or gave in and put your money down. On the far end were the side shows: the bearded lady, the snake man, the world's most fearsome gorilla (it was a guy in a monkey suit; cost me $1.50 to find that out), the boy with no body (a kid standing in a pedestal with his head poking through the top; $1.50) and, of course, the huchie coochie shows ("She walks, she talks, she crawls on her belly like a reptile!").
Modern Barkers, not doing much of anything.
The rides—cobbled hastily together by people who, in all probability, did not enjoy the benefits of higher education—reeked with their own special kind of danger, and the hairy, tattooed man (or is that a woman?) taking your ticket and eyeing your girlfriend up and down also exuded mild menace. And then you spun and whirled and plunged and soared and screamed your throat raw and it was the biggest rush of the summer and you left feeling elated and not the least bit nauseous, which only the young can do.
And so, I brought my wife to the fair, to show her an authentic piece of Americana and relive my childhood memories. You have, no doubt, already anticipated my disappointment.
The livestock and local 4-H exhibits—which is supposedly the primary purpose of the fair—were still there, and if they seemed a little smaller than I recall that is probably due to my being larger and the fact that my most recent trip to an agricultural exhibition was the South of England Show. The amusement park, however, was anything but the same. The gaming booths were there but the barkers weren't. The people running the booths didn't shout, instead they causally watched the passers-by and chatted amiably with their neighbors. The sideshows were gone, as were the really dangerous rides and my desire to ride them. And the few fair people I encountered were polite and relatively well-spoken.
Reality, what a gyp.
In short, there was no sense of danger, no menace or excitement, and it was nowhere near as tawdry as I remember. It seemed, to my utter dismay, nice.
So file this under "You can't go home," or "They're ruining this country," or "These kids today don't know they're born" and go visit the cow barn; that hasn't changed.


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When to Doubt a Scientific 'Consensus'
Anyone who has studied the history of science knows that scientists are not immune to the non-rational dynamics of the herd.
A December 18 Washington Post poll, released on the final day of the ill-fated Copenhagen climate summit, reported "four in ten Americans now saying that they place little or no trust in what scientists have to say about the environment." Nor is the poll an outlier. Several recent polls have found "climate change" skepticism rising faster than sea levels on Planet Algore (not to be confused with Planet Earth, where sea levels remain relatively stable).
Many of the doubt-inducing climate scientists and their media acolytes attribute this rising skepticism to the stupidity of Americans, philistines unable to appreciate that there is "a scientific consensus on climate change." One of the benefits of the recent Climategate scandal, which revealed leading climate scientists manipulating data, methods, and peer review to exaggerate the evidence of significant global warming, may be to permanently deflate the rhetorical value of the phrase "scientific consensus."
Even without the scandal, the very idea of scientific consensus should give us pause. "Consensus," according to Merriam-Webster, means both "general agreement" and "group solidarity in sentiment and belief." That pretty much sums up the dilemma. We want to know whether a scientific consensus is based on solid evidence and sound reasoning, or social pressure and groupthink.
Anyone who has studied the history of science knows that scientists are not immune to the non-rational dynamics of the herd. Many false ideas enjoyed consensus opinion at one time. Indeed, the "power of the paradigm" often shapes the thinking of scientists so strongly that they become unable to accurately summarize, let alone evaluate, radical alternatives. Question the paradigm, and some respond with dogmatic fanaticism.
We shouldn't, of course, forget the other side of the coin. There are always cranks and conspiracy theorists. No matter how well founded a scientific consensus, there's someone somewhere—easily accessible online—that thinks it's all hokum. Sometimes these folks turn out to be right. But often, they're just cranks whose counsel is best disregarded.
So what's a non-scientist citizen, without the time to study the scientific details, to do? How is the ordinary citizen to distinguish, as Andrew Coyne puts it, "between genuine authority and mere received wisdom? Conversely, how do we tell crankish imperviousness to evidence from legitimate skepticism?" Are we obligated to trust whatever we're told is based on a scientific consensus unless we can study the science ourselves? When can you doubt a consensus? When should you doubt it?
Your best bet is to look at the process that produced, maintains, and communicates the ostensible consensus. I don't know of any exhaustive list of signs of suspicion, but, using climate change as a test study, I propose this checklist as a rough-and-ready list of signs for when to consider doubting a scientific "consensus," whatever the subject. One of these signs may be enough to give pause. If they start to pile up, then it's wise to be suspicious.
(1) When different claims get bundled together.
Usually, in scientific disputes, there is more than one claim at issue. With global warming, there's the claim that our planet, on average, is getting warmer. There's also the claim that human emissions are the main cause of it, that it's going to be catastrophic, and that we have to transform civilization to deal with it. These are all different assertions with different bases of evidence. Evidence for warming, for instance, isn't evidence for the cause of that warming. All the polar bears could drown, the glaciers melt, the sea levels rise 20 feet, Newfoundland become a popular place to tan, and that wouldn't tell us a thing about what caused the warming. This is a matter of logic, not scientific evidence. The effect is not the same as the cause.
There's a lot more agreement about (1) a modest warming trend since about 1850 than there is about (2) the cause of that trend. There's even less agreement about (3) the dangers of that trend, or of (4) what to do about it. But these four propositions are frequently bundled together, so that if you doubt one, you're labeled a climate change "skeptic" or "denier." That's just plain intellectually dishonest. When well-established claims are fused with separate, more controversial claims, and the entire conglomeration is covered with the label "consensus," you have reason for doubt.
(2) When ad hominem attacks against dissenters predominate.
Personal attacks are common in any dispute simply because we're human. It's easier to insult than to the follow the thread of an argument. And just because someone makes an ad hominem argument, it doesn't mean that their conclusion is wrong. But when the personal attacks are the first out of the gate, and when they seem to be growing in intensity and frequency, don your skeptic's cap and look more closely at the evidence.
When it comes to climate change, ad hominems are all but ubiquitous. They are even smuggled into the way the debate is described. The common label "denier" is one example. Without actually making the argument, this label is supposed to call to mind the assertion of the "great climate scientist" Ellen Goodman: "I would like to say we're at a point where global warming is impossible to deny. Let's just say that global warming deniers are now on a par with Holocaust deniers."
There's an old legal proverb: If you have the facts on your side, argue the facts. If you have the law on your side, argue the law. If you have neither, attack the witness. When proponents of a scientific consensus lead with an attack on the witness, rather than on the arguments and evidence, be suspicious.
(3) When scientists are pressured to toe the party line.
The famous Lysenko affair in the former Soviet Union is often cited as an example of politics trumping good science. It's a good example, but it's often used to imply that such a thing could only happen in a totalitarian culture, that is, when all-powerful elites can control the flow of information. But this misses the almost equally powerful conspiracy of agreement, in which interlocking assumptions and interests combine to give the appearance of objectivity where none exists. For propaganda purposes, this voluntary conspiracy is even more powerful than a literal conspiracy by a dictatorial power, precisely because it looks like people have come to their position by a fair and independent evaluation of the evidence.
Tenure, job promotions, government grants, media accolades, social respectability, Wikipedia entries, and vanity can do what gulags do, only more subtly. Alexis de Tocqueville warned of the power of the majority in American society to erect "formidable barriers around the liberty of opinion; within these barriers an author may write what he pleases, but woe to him if he goes beyond them." He could have been writing about climate science.
Climategate, and the dishonorable response to its revelations by some official scientific bodies, show that scientists are under pressure to toe the orthodox party line on climate change, and receive many benefits for doing so. That's another reason for suspicion.
(4) When publishing and peer review in the discipline is cliquish.
Though it has its limits, the peer-review process is meant to provide checks and balances, to weed out bad and misleading work, and to bring some measure of objectivity to scientific research. At its best, it can do that. But when the same few people review and approve each other's work, you invariably get conflicts of interest. This weakens the case for the supposed consensus, and becomes, instead, another reason to be suspicious. Nerds who follow the climate debate blogosphere have known for years about the cliquish nature of publishing and peer review in climate science (see here, for example).
(5) When dissenting opinions are excluded from the relevant peer-reviewed literature not because of weak evidence or bad arguments but as part of a strategy to marginalize dissent.
Besides mere cliquishness, the "peer review" process in climate science has, in some cases, been consciously, deliberately subverted to prevent dissenting views from being published. Again, denizens of the climate blogosphere have known about these problems for years, but Climategate revealed some of the gory details for the broader public. And again, this gives the lay public a reason to doubt the consensus.
(6) When the actual peer-reviewed literature is misrepresented.
Because of the rhetorical force of the idea of peer review, there's the temptation to misrepresent it. We've been told for years that the peer-reviewed literature is virtually unanimous in its support for human-induced climate change. In Science, Naomi Oreskes even produced a "study" of the relevant literature supposedly showing "The Scientific Consensus on Climate Change." In fact, there are plenty of dissenting papers in the literature, and this despite mounting evidence that the peer-review deck was stacked against them. The Climategate scandal also underscored this: The climate scientists at the center of the controversycomplained in their emails about dissenting papers that managed to survive the peer-review booby traps they helped maintain, and fantasized about torpedoing a respected climate science journal with the temerity to publish a dissenting article.
(7) When consensus is declared hurriedly or before it even exists.
A well-rooted scientific consensus, like a mature oak, usually needs time to emerge. Scientists around the world have to do research, publish articles, read about other research, repeat experiments (where possible), have open debates, make their data and methods available, evaluate arguments, look at the trends, and so forth, before they eventually come to agreement. When scientists rush to declare a consensus, particularly when they claim a consensus that has yet to form, this should give any reasonable person pause.
In 1992, former Vice President Al Gore reassured his listeners, "Only an insignificant fraction of scientists deny the global warming crisis. The time for debate is over. The science is settled." In the real 1992, however, Gallup "reported that 53% of scientists actively involved in global climate research did not believe global warming had occurred; 30% weren't sure; and only 17% believed global warming had begun. Even a Greenpeace poll showed 47% of climatologists didn't think a runaway greenhouse effect was imminent; only 36% thought it possible and a mere 13% thought it probable." Seventeen years later, in 2009, Gore apparently determined that he needed to revise his own revisionist history, asserting that the scientific debate over human-induced climate change had raged until as late as 1999, but now there was true consensus. Of course, 2009 is when Climategate broke, reminding us that what had smelled funny before might indeed be a little rotten.
(8) When the subject matter seems, by its nature, to resist consensus.
It makes sense that chemists over time may come to unanimous conclusions about the results of some chemical reaction, since they can replicate the results over and over in their own labs. They can see the connection between the conditions and its effects. It's easily testable. But many of the things under consideration in climate science are not like that. The evidence is scattered and hard to keep track of; it's often indirect, imbedded in history and requiring all sorts of assumptions. You can't rerun past climate to test it, as you can with chemistry experiments. And the headline-grabbing conclusions of climate scientists are based on complex computer models that climate scientists themselves concede do not accurately model the underlying reality, and receive their input, not from the data, but from the scientists interpreting the data. This isn't the sort of scientific endeavor on which a wide, well-established consensus is easily rendered. In fact, if there really were a consensus on all the various claims surrounding climate science, that would be really suspicious. A fortiori, the claim of consensus is a bit suspicious as well.
(9) When "scientists say" or "science says" is a common locution.
In Newsweek's April 28, 1975, issue, science editor Peter Gwynne claimed that "scientists are almost unanimous" that global cooling was underway. Now we are told, "Scientists say global warming will lead to the extinction of plant and animal species, the flooding of coastal areas from rising seas, more extreme weather, more drought and diseases spreading more widely." "Scientists say" is hopelessly ambiguous. Your mind should immediately wonder: "Which ones?"
Other times this vague company of scientists becomes "SCIENCE," as when we're told "what science says is required to avoid catastrophic climate change." "Science says" is an inherently weasely claim. "Science," after all, is an abstract noun. It can't say anything. Whenever you see that locution used to imply a consensus, it should trigger your baloney detector.
(10) When it is being used to justify dramatic political or economic policies.
Imagine hundreds of world leaders and nongovernmental organizations, science groups, and United Nations functionaries gathered for a meeting heralded as the most important conference since World War II, in which "the future of the world is being decided." These officials seem to agree that institutions of "global governance" need to be established to reorder the world economy and massively restrict energy resources. Large numbers of them applaud wildly when socialist dictators denounce capitalism. Strange philosophical and metaphysical activism surrounds the gathering. And we are told by our president that all of this is based, not on fiction, but on science—that is, a scientific consensus that human activities, particularly greenhouse gas emissions, are leading to catastrophic climate change.
We don't have to imagine that scenario, of course. It happened in Copenhagen, in December. Now, none of this disproves the hypothesis of catastrophic, human induced climate change. But it does describe an atmosphere that would be highly conducive to misrepresentation. And at the very least, when policy consequences, which claim to be based on science, are so profound, the evidence ought to be rock solid. "Extraordinary claims," the late Carl Sagan often said, "require extraordinary evidence." When the megaphones of consensus insist that there's no time, that we have to move, MOVE, MOVE!, you have a right to be suspicious.
(11) When the "consensus" is maintained by an army of water-carrying journalists who defend it with uncritical and partisan zeal, and seem intent on helping certain scientists with their messaging rather than reporting on the field as objectively as possible.
Do I really need to elaborate on this point?
(12) When we keep being told that there's a scientific consensus.
A scientific consensus should be based on scientific evidence. But a consensus is not itself the evidence. And with really well-established scientific theories, you never hear about consensus. No one talks about the consensus that the planets orbit the sun, that the hydrogen molecule is lighter than the oxygen molecule, that salt is sodium chloride, that light travels about 186,000 miles per second in a vacuum, that bacteria sometimes cause illness, or that blood carries oxygen to our organs. The very fact that we hear so much about a consensus on catastrophic, human-induced climate change is perhaps enough by itself to justify suspicion.
To adapt that old legal aphorism, when you've got decisive scientific evidence on your side, you argue the evidence. When you've got great arguments, you make the arguments. When you don't have decisive evidence or great arguments, you claim consensus.
Jay Richards frequently writes for the Enterprise Blog and is a contributing editor of THE AMERICAN.


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This article is more than 1 year old
GPL Pacman will eat your business, warns Gates
Timely warning from The Great Engulfer himself
Microsoft's latest shot in the anti-GPL war comes from His Billness himself and - bizarrely - likens it to a small yellow blob that starred in 1980s arcade games. Mike Ricciuti of Cnet should be given due credit for extracting this BillBlurt, in an interview conducted this week at TechEd.
Protesting that Microsoft's views on open source have been "misunderstood," Gates comes up with something not so much misunderstandable as only marginally comprehensible: "But if you say to people, 'Do you understand the GPL?' (then) they're pretty stunned when the Pac-Man-like nature of it is described to them."
Think hard about that one - it's a little thing that runs around gobbling up everything it comes across, like alternative GUIs for Dos, disk compression, independent TCP/IP stacks, the browser market, email clients, instant messaging, digital audio and CD burning... No wait, that's something else entirely. What Bill really means is that the GPL is the Borg/bodysnatcher de nos jours, tainting everything it comes into contact with and assimilating it to The Hive.
Which takes us back to previous Microsoft claims that it's a cancer, un-American, a virus, communism. One does puzzle about why these claims could be deemed to have been misunderstood. Widely-mocked, yes...
Aside from his weird new image, Gates seems largely to be peddling the current Microsoft line on the GPL, claiming that it makes it impossible for a commercial company to use any of that [i.e. GPL] work or build on that work." This line is of course almost entirely untrue, the small nugget of veracity being that you can't just lift GPL code and shove it straight into Microsoft Bloat 2002 without there being some kind of come-back. Whereas you're perfectly free to swipe any of that source code that Microsoft is so busily sharing, amend it as you wish then resell it as part of your own product line.
Well all right, you can't do that either but presumably these two situations are entirely different for reasons that Bill Gates can, but we cannot, fathom. Bill adds that what happened with Sendmail and TCP/IP couldn't have happened under the GPL; we could at this juncture conjure with the notion that not being able to swipe things and run off with them would inconvenience certain large commerical developers greatly, but on reflection we fear we'd better not.
Meanwhile, Microsoft's latest tack in the anti-GPL FUD war is a document authored by the "Shared Source Initiative" (presumably the Redmond Green Beret team on this particular case) and aimed at 'explaining' the issues associated with GpL software to businesses. One of the highlights of this wondrous document is that "Because the GPL is so frequently misunderstood and because it attempts, under certain circumstances, to impose significant obligations on licensees and their intellectual property rights, no responsible business should use GPL software without ensuring that its lawyers have read the license and explained the business' rights and obligations."
We at The Register shamefully neglected our fiduciary duties to our shareholders by letting our techies shove Red Hat onto the server without first commissioning a detailed legal analysis of the implications And now we're going to get sued, die and go to hell, oh dear oh dear. Much more similar hilarity can be downloaded in Word .doc format here, while Professor Eben Moglen mounts a counter-blast in LinuxUser here. Thanks to LinuxUser for drawing the document to our attention.
Much more information about the wonderful world of shared but not touched or interfered with in the slightest source code can be found here. Delightfully, the "licensing" link at the top of the page simply leads to an explanation of how to give Microsoft money in volume. But obviously you don't need a lawyer to read a Microsoft licence anyway, because they're so straightforward - just remember it's not yours, you have no rights, and your rental period is up soon. ®
Why GPL software strangles babies and leaves stains on the carpet:
Ballmer: Linux is cancer
Microsoft torches RMS, RMS torches Caldera
Microsoft co-opts Caldera, Torvalds in Shared Source offensive


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A StandBy is a critical/supportive reaction in which I insert myself into an artwork/exhibition or public context. At times these actions are spontaneous at other times they are planed with minimal yet essential props to illustrate comment. StandBys are never sponsored and are always executed without sanction.
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The TRUTH behind the sinking of the Titanic and the corruption surrounding its destruction. Evidence suggests the sunken vessel was in fact The Titanic's sister ship the Olympic.
'I can prove it was not Titanic that sank'
Robin Gardiner with a copy of his book
The Titanic
by Debbie Waite
AS THE world tomorrow marks the centenary of the sinking of Titanic, Oxford author Robin Gardiner has released a new book that he says proves it is a sister ship that sits at the bottom of the North Atlantic.
The biggest ship of its kind, Titanic was billed 'unsinkable' by its owners White Star Line. But on April 15, 1912, it hit an iceberg and sank in the icy waters of the North Atlantic, with the loss of 1,517 lives However, according to Mr Gardiner, 64, the ship that sank was not Titanic at all – it was Olympic, her sister ship, in what was planned as one of the world's greatest insurance frauds.
Mr Gardiner, 64, a plasterer and father-of-one from Barton, said: "My new book, The Great Titanic Conspiracy, has new, conclusive photographic and documentary evidence of the swap of Olympic and Titanic.
"This was collusion, conspiracy and cover-up on an unprecedented scale.
"The evidence is overwhelming; eyewitnesses themselves describe running along Titanic's decks, but where they said there were promenades, there should have been cabins.
"And while survivors on B Deck described seeing lifeboats being lowered from above, there's no way they would have seen that on Titanic – only on the ship Olympic.
'This was collusion, conspiracy and cover-up on an unprecedented scale'
Robin Gardiner
"You only have to look at the ships' specifications to see the 'Titanic' passengers were actually aboard Olympic."
According to Mr Gardiner, the 'real' story starts with financier J P Morgan's takeover of White Star and the Royal Navy's investment in the company's new liners as potential troop carriers.
He said: "Following the Agadir crisis in 1911, Morgan began to ship gold and other treasures back to the safe haven of the US.
"There was also pressure on White Star to make up the cost of the damage to Olympic, which had been damaged in a collision with HMS Hawke, but which the insurance company would not cover.
"Swapping the identities of Olympic and Titanic was also the opportunity for Morgan, with the collusion of the British government, to quietly ship £8m of gold to the US.
"But unbeknown to the government, the gold was spirited away.
"To the present day, the most common maritime insurance fraud involves changing identities of ships.
"But tragically the planned staging of the sinking of Titanic, whereby other ships from the company would be on hand to rescue all the passengers and crew, went disastrously wrong and more than 1,500 souls perished."
Mr Gardiner even refutes that the ship hit an iceberg; "The passengers described feeling a 'shudder'. But if that size ship, travelling at that speed had hit an iceberg of that size, the noise would have been huge and the impact would have hit everyone off their feet," he said.
"I think White Star planned a small collision of some sort and then a straightforward 'rescue' of the passengers by ships waiting nearby. Unfortunately, the ship was steered hard left, instead of right and turned away from the rescue ships.
"It may also have hit a wreck or another ship. And most of the passengers didn't stand a chance."
Asked how people react to his views on Titanic, Mr Gardiner said: "I give regular talks and most people are fascinated, especially engineers who know how ships work.
"But this isn't hidden information I am unearthing.
"You only have to read the inquiry notes – see how many people's testimony was strangely 'stopped' and look at all the official paperwork – to see the ships were swapped."
Mr Gardiner said the real Titanic sailed on as Olympic for the rest of her career, before being sent to the breaker's yard in 1937.
He said: "I think all this celebration of the Titanic is a bit sick. I don't think White Star planned to kill all those people.
"But they did die and Olympic should be left in peace, a the bottom of the North Atlantic as a grave.
"I am now working on an American-made documentary, which will completely lift the lid on what happened with Titanic, once and for all.
"I will prove the ships were swapped and this terrible accident was completely avoidable."
The Great Titanic Conspiracy by Robin Gardiner is published by Ian Allan, priced £19.99.
See today's print edition of the Oxford Mail for a special eight-page supplement about the Titanic.
Benjamin Guggenheim, Isidor Straus, and David Astor died in the incident. Their deaths left a power vacuum to pave the way for The Federal Reserve. They poo poo that below, but Satan does lie all the time.


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Thanks for all the feedback on the poll :) It's a mixed verdict but all we know is that we don't like blogs with no pictures at least! lol Obviously, I wasn't going to do all of one thing but I was just curious to see which you liked best. The winner was the blogs with pics though, so I will definitely keep switching it up!
So, yesterday during my WeightWatchers interview (which there is no verdict to yet but I will keep you posted!), I was asked what my biggest struggle or hurdle has been on this journey.
My answer was this: Becoming my own best friend.
I believe I have talked about it before and I know Weight Watchers posted something on their status about it recently but this has been a huge challenge of mine that I am proud to see I have finally overcome. I've always been good at lifting the spirits of others and lifting people UP but I always would struggle by putting myself DOWN. I have learned that I need to talk to myself in the same positive light that I talk to others, especially on the times when I don't do so well with my tracking or exercising or whatever it may be.
Being asked this question left me curious about what others struggled with so I asked my friends on my Facebook page - Facebook.com/skinnyjeansdreams .
The majority of the people who answered my question, responded that emotional eating has been their biggest hurdle and I can SO relate!!
If there is one thing I know for sure it is that this journey is a mind game and it's a game that takes practice!! For me, when I have the urge to emotional eat, I ask myself the following questions:
- Is eating this going to make me feel better?
- Will I feel worse?
- Will eating this cause me to stress about something else other than the issue at hand?
- Is it worth it?
99% of the time, the alternative I come up with is exercise!! Take one example: The two year anniversary of my father's death. My boyfriend was out of town that weekend and I was home alone with the baby, thinking about my daddy and going through all kinds of emotions. I was very tempted to emo-eat but I knew that wouldn't solve the problem. So, I got out the jogging stroller and I went for the BEST jog of my life! I couldn't stop running. I cried and I ran and I ran and I cried and when I got home, I felt a million times better than I would have had I made that plate of nachos! I felt like I had made the best possible decision. Although I still felt sad, I was now high on life and knew that my daddy was looking down from Heaven proud of his girl.
I can't say I am always perfect with this, as I do have my emotional eating moments! So I looked up some tips to help tame emotional eating. You can find all the tips HERE on the MayoClinic website but I will share with you a few that stood out to me:
- Get support: Lean on the ones who love you and if you can, lean on the ones who love you that are conscious of your weight loss efforts. They will most likely deter you from emotional eating and instead be there to lift you up!
- Take away temptation: I don't keep much, if any, junk food in my house and it's for good reason. If it's there, it's for the taking. And if it's not, out of sight - out of mind. So when I am feeling the need to emotional eat, I may just overeat some grapes rather than eating a whole box of pop-tarts. It fulfills the need to munch while still keeping me on track.
- Keep a diary: The website says to keep a food diary, which being a Weight Watcher, I obviously recommend but also keep a personal diary. I have kept a diary since I was a kid and it has helped me through every emotion and situation I have ever been through. Sometimes I just scribble. Another reference to my dad: I have pages on pages in my diary of angry scribbles. I was so ANGRY at everything when he passed (that's a whole different blog story. I am just using it as an example) and I just scribbled out all my emotions on paper. That goes for good emotions too. When I am overwhelmed with how much I love my daughter - I WRITE! Writing is good for the soul and it keeps your hands busy and out of the cabinets!
Date night with my honey Saturday :) |
Yes, I love me a little ME! |


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