text:
Douglas L. Johnson & Neville L. Johnson*
Under common law, the principles of equity have always demanded the
recognition of the right of individuals to seek recovery under the theory
of unjust enrichment. Recovery under this doctrine is so deeply
embedded into Western Society that it continues to be a core element in
legal education and is codified in the Restatement Third of Contracts.
Despite this rich tradition, an alarming divergence in decisions among
California courts is deteriorating unjust enrichment as an independent
cause-of-action, leaving many Californians who have been taken
advantage of, unprotected. This Article examines the historical
underpinnings of unjust enrichment and the confusion among
California courts surrounding the doctrine. To resolve this confusion
and provide a fair sense of justice, the California Supreme Court must
interject in the discussion to solidify unjust enrichment as a stand-alone
* Douglas L. Johnson (J.D., University of the Pacific, McGeorge School of Law, 2000;
B.A., University of Southern California, 1996) specializes in entertainment and complex business
litigation and argued whether California recognizes unjust enrichment as a cause of action in
Walker v. Geico General Insurance Co., 558 F.3d 1025 (9th Cir. 2009), in the U.S. Court of
Appeals for the Ninth Circuit and in Webster v. Allstate Insurance Co., No. B211390, 2010 WL
60642 (Cal. Ct. App. Jan. 11, 2010), in the Second District of the California Court of Appeals.
Neville L. Johnson (J.D., Southwestern School of Law, 1975; B.A., University of
California, Berkeley, 1971) has been practicing for over thirty-five years and is well known for
his California Supreme Court victory, in Sanders v. American Broadcasting Cos., 978 P.2d 67
(Cal. 1999), expanding the right of privacy.
278 LOYOLA OF LOS ANGELES LAW REVIEW [Vol. 44:277
A. Prior to Walker, the California Supreme Court
Recognized a Cause of Action for Unjust Enrichment
Under the Restatement (Third)'s Principles……………….. 285
B. Faulty Analysis of Melchior v. New Line Productions,
Inc. Led the Court Astray ………………………………………… 287
1. Opposition Claims That the Court Was Justified in
Its Application ………………………………………………….. 288
2. It Is Wrong to Ignore Ghirardo v. Antonioli ………….. 289
Fall 2010] DETERIORATION OF EQUITY 279
"The forms of action we have buried . . .
still rule us from their graves." 1
It is something hammered into the heads of first-year law
students: a person cannot receive a windfall at the expense of another
without seeing his day in court. The theory is dubbed "unjust
enrichment." But, while the theory is constantly at the top of law
students' minds, poised for repetition on an exam, it is all but lost in
the California courts. The doctrine is sometimes no longer
interpreted as a cause of action; rather, it has been rendered a light
echo in remedial analysis. The result leaves many who have been
taken advantage of disenfranchised, scrambling to find other, maybe
non-existent causes of action to which they can tether their desire to
be made right.
The unprecedented diminishment of unjust enrichment has
reverberating effects that are evidenced in cases where plaintiffs
have no other method of relief available to them. This Article will
analyze the intellectual and societal underpinnings of the doctrine of
unjust enrichment to prove its recognition as an independent cause of
action and the necessity that it remains so, despite being convoluted
by the California courts.
The concept of unjust enrichment is not a novel one; its origins
can be traced back to Roman law. 2 The Roman jurist Pomponious
wrote, "[T]his by nature is equitable, that no one be made richer
through another's loss." 3 Lord Mansfield's opinion in Moses v.
Macferlan 4 marks the induction of the unjust-enrichment concept
OF LECTURES 2 (A.H. Chaytor & W.J. Whittaker eds., 1936).
2. See, e.g., JOHN P. DAWSON, UNJUST ENRICHMENT: A COMPARATIVE ANALYSIS 42–63
3. Id. at 3.
4. (1760) 97 Eng. Rep. 676.
280 LOYOLA OF LOS ANGELES LAW REVIEW [Vol. 44:277
into English common law and subsequently, American common
law. 5
In Moses, the plaintiff endorsed four promissory notes to the
defendant under an express agreement that Moses would neither be
liable for paying the notes nor suffer in any way because of his
endorsement. 6 But Macferlan sued Moses, compelling him to pay the
notes and breaching the agreement. 7 Moses then sued Macferlan to
recover the money that he paid to Macferlan. 8 Mansfield decided that
"the defendant, upon the circumstances of the case, is obliged by the
ties of natural justice and equity to refund the money." 9 The decision
is a generalized reference to the doctrine of unjust enrichment in that
it insinuates that there is an intangible element of justice that exists
beyond the realm of codified law. Mansfield articulated a sense of
obligation by natural justice—to make those who have been
unjustifiably harmed right.
Unjust enrichment was first expressed in the Restatement (First)
of Restitution as the doctrine whereby "[a] person who has been
unjustly enriched at the expense of another is required to make
restitution to the other." 10 Restitution has since evolved into its own
recognized body of law, with unjust enrichment as its guiding
The basic principle of unjust enrichment and its remedy
counterpart, restitution, appears simple at first blush. Unjust
enrichment and restitution are both derivative of an instinctual
understanding of societal dealings: if one person receives more than
he bargained for from a deal, at the expense of another, he should be
held accountable for remedying the windfall. 11
5. See id.
6. Id.
7. Id. at 676–77.
8. Id.
9. Id. at 681.
11. James Steven Rogers, Restitution for Wrongs and the Restatement (Third) of the Law of
Restitution and Unjust Enrichment, 42 WAKE FOREST L. REV. 55, 57 (2007) ("The central
substantive notion is that one must not (unjustifiably) enrich oneself at the expense of another.
The correlative remedial principle might be expressed as 'a party who unjustifiably enriches
Fall 2010] DETERIORATION OF EQUITY 281
Despite their familiarity with the ethics behind the principle,
scholars, judges, and lawyers remain uncertain about how to
practically apply it. 12 Despite the long-standing tradition of providing
some form of relief to those who have been harmed, courts have
recently refused to recognize unjust enrichment as an independent
cause of action. Rather, they view it as a remedy, incidental to
another claim. 13 As one scholar surmises: "To put it bluntly,
American lawyers today (judges and law professors included) do not
know what restitution is." 14 This uncertainty exists, all the while
leaving many without any remedy.
The Restatement (Third) adopts the approach that unjust
enrichment is to be viewed as an independent cause of action with
restitution as a corresponding remedy:
A more important misconception is that restitution is
essentially a remedy, available in certain circumstances to
enforce obligations derived from torts, contacts, and other
topics of substantive law. On the contrary, restitution . . . is
itself a source of obligations, analogous in this respect to
tort or contract. A liability in restitution is enforced by
restitution's own characteristic remedies, just as a liability
in contract is enforced by what we think of as contract
remedies. 15
According to the Restatement (Third), unjust enrichment, as part of
the greater body of law of restitution, is thus a stand-alone doctrine,
carrying with it the same force as any other body of contract or tort
law with its own rights and remedies. The Restatement (Third) will,
by nature, overlap with numerous doctrinal subjects, but it may also
himself at the expense of another owes a duty to pay a sum of money that will disgorge the
12. DAWSON, supra note 2, at 8 ("The ideal of preventing enrichment through another's loss
has a strong appeal to the sense of equal justice but it also has the delusive appearance of
mathematical simplicity.").
13. George P. Roach, How Restitution and Unjust Enrichment Can Improve Your Corporate
Claim, 26 REV. LITIG. 265, 266–68 (2007).
14. Id. at 266 (2007); see also Andrew Kull, Rationalizing Restitution, 83 CALIF. L. REV.
1191, 1191 (1995) ("Significant uncertainty shrouds the modern law of restitution.").
15. RESTATEMENT (THIRD) OF RESTITUTION AND UNJUST ENRICHMENT § 1 cmt. h
(Discussion Draft 2000) (emphasis omitted).
282 LOYOLA OF LOS ANGELES LAW REVIEW [Vol. 44:277
hold itself as separate and distinct. 16 Professor Kull, the principal
drafter of the Restatement (Third), articulates three main components
of restitution as a body of law: "(1) substantive liability is based on
unjust enrichment, (2) the measure of recovery is based on
defendant's gain instead of plaintiff's loss, or (3) the court restores to
plaintiff, in kind, his lost property or its proceeds." 17
Kull directly reflected those three components in the
Restatement (Third) draft. First, comment a to section 1 of the
Restatement (Third) states, "The source of a liability in restitution is
the receipt of an economic benefit under circumstances such that its
retention without payment would result in the unjust enrichment of
the defendant at the expense of the plaintiff." 18 The second
component is found in section 2, which states, "Liability in
restitution is based on and measured by the receipt of a
benefit . . . ." 19 However, it is important to remember that the receipt
of a benefit alone does not necessarily induce liability in restitution;
the enrichment must be one the law treats as unjust. 20 Lastly, the
third component is seen in section 4 of the Restatement (Third).
Section 4 states that "[t]he function of remedies in restitution is to
prevent or redress the unjust enrichment of one or more persons at
the expense of the plaintiff." 21 This may be accomplished by: a
"reformation of instruments"; a monetary judgment that eliminates
any unjust enrichment; or a superior right, conferred on the plaintiff
by the court, to a piece of property, fund, or other item in dispute. 22
Although the foregoing provisions are part of a discussion draft
and are therefore subject to change, in the six tentative drafts
published since the project began in 2000, the introductory sections
(1–4) have yet to change.
16. See Kull, supra note 14, at 1198 ("Legal remedies having the effect of restoring and
returning do not constitute, as does unjust enrichment, an independent basis of liability, and such
remedies bear no essential or even useful relation to the avoidance of unjust enrichment.").
17. Id. at 1224 (emphasis omitted) (footnote omitted).
18. RESTATEMENT (THIRD) OF RESTITUTION AND UNJUST ENRICHMENT § 1 cmt. a
(Discussion Draft 2000).
19. Id. § 2(1).
20. Id. § 2 cmt. a.
21. Id. § 4(1).
22. Id. § 4(2).
Fall 2010] DETERIORATION OF EQUITY 283
Walker v. USAA Casualty Insurance Co. 23 presents a situation in
which a federal district court applying California law has
misunderstood the history and use of unjust enrichment as a cause of
action. 24 The district court's opinion (affirmed by the Ninth Circuit 25)
consequentially left the harmed plaintiff and corresponding class in
Walker without any relief. Walker wrongly held that unjust
enrichment was merely an effect and not an independent cause of
action. 26
The factual background in Walker reveals a multi-faceted
scheme carried out by insurance companies to indirectly steer auto-
body-repair work away from independent California auto-body-
repair shops, like the plaintiff, to direct-repair providers (DRPs). 27
The insurance companies had been admonished for direct steering in
the past, and consequently, insureds have been given the right to go
to auto-body-repair shops of their choice. 28 Undeterred, the insurance
companies conceived of a way to end-run California's anti-steering
laws and consumer protections in a manner that adversely affects the
plaintiff and an entire class of independent, non-DRP auto-body-
repair shops.
The insurance companies' scheme starts out by negotiating a
lower-than-average hourly rate for labor charges with DRPs in
exchange for the referral of a high volume of auto-body-repair work
to the DRPs. 29 Once the insurance companies secure these negotiated
deals with the DRPs, they use those lower-than-average rates in
surveys they conduct, which are intended to determine the prevailing
auto-body rate in a given geographic area. 30 However, when the
DRPs' negotiated rates are used for the survey, the prevailing auto-
23. 474 F. Supp. 2d 1168 (E.D. Cal. 2007), aff'd by Walker v. Geico Gen. Ins. Co., 558 F.3d
1025 (9th Cir. 2009), cert. denied Walker v. Geico Gen. Ins. Co., 130 S. Ct. 400 (2009).
24. See id. at 1174 (authors were counsel in Walker).
25. Walker v. Geico Gen. Ins. Co., 558 F.3d 1025 (9th Cir. 2009).
26. Walker, 474 F. Supp. 2d at 1174.
27. Id. at 1170–71.
28. See CAL. INS. CODE § 758.5 (West 2010); CAL. CODE REGS. tit. 10, § 2695.85 (2010).
29. See Walker, 474 F. Supp. 2d at 1174–75.
30. Tit. 10, § 2698.91.
284 LOYOLA OF LOS ANGELES LAW REVIEW [Vol. 44:277
body rate turns out to be artificially low. 31 The insurance companies
then utilize the artificially low prevailing auto-body rate to cap the
amount they are required to pay to have their insureds' cars repaired
at non-DRP auto-body-repair shops. 32
While California's Insurance Code 33 allows insurance
companies to rely on their own surveys to settle claims with non-
DRP shops, it does not specifically prohibit insurance companies
from artificially drawing down the prevailing auto-body rate by
including DRP-negotiated rates. 34 In fact, the plaintiff in Walker was
not aware that the insurers were using negotiated rates for their
surveys until he uncovered the scheme while investigating why the
insurer's prevailing auto-body rate was so much lower than his
posted hourly rate. 35 Insurers have long been successful in strong-
arming plaintiffs and numerous other independent body-repair shops
into unwittingly accepting below-market rates for repairs out of fear
of losing the work to competing DRPs. 36 Not surprisingly, this
scheme has caused plaintiffs and numerous other auto-body shops to
suffer significant financial harm. 37
But what makes matters worse is that the insureds are also
affected if a non-DRP shop refuses to do the work at the
manufactured prevailing auto-body rate. In that instance, either the
insureds are forced to pay the difference between the prevailing auto-
body rate and the non-DRP shop's rate in order to receive quality
work from shops that they know and trust, or, the insureds, who do
not want to or cannot afford to pay the difference, are indirectly
forced to take their cars to DRPs. 38 Under either scenario, the
insurance companies get exactly what they want—lower rates for
labor charges—even if that means sacrificing quality repair work or
an insured's choice of body shop.
31. See, e.g., Walker, 474 F. Supp. 2d at 1170–71.
32. See, e.g., id.
34. See id.
35. Walker, 474 F. Supp. 2d at 1170–71, 1174–75.
36. See, e.g., id. at 1171, 1175.
37. Id.
38. E.g., id.
Fall 2010] DETERIORATION OF EQUITY 285
The Walker court evaluated three separate causes of action, only
one of which relates to this Article: (1) whether the plaintiff had
standing to bring a claim for restitution or injunctive relief under
Section 17200 of the California Business and Professions Code; (2)
whether California recognizes a cause of action styled as unjust
enrichment that seeks restitution as its remedy; and (3) whether the
complaint satisfied the pleading requirement for a Cartwright cause
of action. 39
The Walker court dismissed all three causes of action, including
the one for unjust enrichment, by citing Melchior v. New Line
Productions, Inc. 40 as well as McKell v. Washington Mutual Inc. 41:
"There is no cause of action in California for unjust enrichment." 42
The Walker court went further to say that unjust enrichment is
synonymous with the remedy of restitution, and thus there is no
remedy for unjust enrichment without an alternative, underlying
valid legal claim. 43 Unjust enrichment was viewed merely as a
synonym for restitution and was therefore incapable of standing on
its own.
A. Prior to Walker, the California Supreme Court
Recognized a Cause of Action for Unjust Enrichment
Under the Restatement (Third)'s Principles
The trial court in Walker erred in dismissing the unjust-
enrichment claim and, in doing so, wrongfully disregarded important
precedent recognizing unjust enrichment as a stand-alone claim. In
particular, Walker directly contravenes the California Supreme
Court's decision in Ghirardo v. Antonioli. 44 In Ghirardo, the high
court clearly stated that a plaintiff might be entitled to seek relief
under traditional equitable principles of unjust enrichment. 45 In
expounding on this, the Ghirardo court drew from the Restatement
(First) of Restitution and stated that "[u]nder the law of restitution,
39. Id. at 1170.
40. 131 Cal. Rptr. 2d 347 (Ct. App. 2003).
41. 49 Cal. Rptr. 3d 227 (Ct. App. 2006).
42. Walker, 474 F. Supp. 2d at 1174–75 (emphasis added) (quoting Melchior, 131 Cal. Rptr.
2d at 357); see also McKell, 49 Cal. Rptr. 3d at 254.
43. Walker, 474 F. Supp. 2d at 1174.
44. 924 P.2d 996 (Cal. 1996).
45. Id. at 1002.
286 LOYOLA OF LOS ANGELES LAW REVIEW [Vol. 44:277
an individual may be required to make restitution if he is unjustly
enriched at the expense of another." 46 A person is enriched if he or
she receives a benefit at another's expense, and the term "benefit"
has been construed to mean any form of advantage. 47 Thus, the
Ghirardo court stated that a "benefit is conferred not only when one
adds to the property of another, but also when one saves the other
from expense or loss." 48
That California recognizes this equitable doctrine is amplified
by the fact that its reviewing courts have adopted certain portions of
the Restatement (First) of Restitution, including its underlying
principles. 49 Indeed, these courts have noted that when the facts of a
given case do not fall within a certain Restatement (First) provision,
its underlying principles may be invoked. 50
Furthermore, Walker runs afoul of numerous cases in which
California appellate courts have recognized an independent cause of
action for unjust enrichment. 51 Likewise, Ghirardo and the
Restatement (Third) have been recognized and utilized by numerous
federal district and appellate courts, including all four federal
districts in California. 52
46. Id. at 1003 (citing RESTATEMENT OF RESTITUTION § 1 (1937)).
47. Id.
48. Id.
49. See, e.g., First Nationwide Sav. v. Perry, 15 Cal. Rptr. 2d 173, 177, 181 (Ct. App. 1992);
Kossian v. Am. Nat'l Ins. Co., 62 Cal. Rptr. 225, 227 (Ct. App. 1967).
50. See B.E. WITKIN, SUMMARY OF CALIFORNIA LAW 1105 (10th ed. 2005) ("The
Restatement of this Subject deals with situations in which one person is accountable to another on
the ground that otherwise he would unjustly benefit or the other would unjustly suffer loss. . . .
Where the facts do not come within a specific section, a court may base recovery on this
underlying principal or even the opening sentence." (citation omitted)); see also Kossian, 62 Cal.
Rptr. at 227.
51. See, e.g., Hirsch v. Bank of Am., 132 Cal. Rptr. 2d 220, 229 (Ct. App. 2003) (reversing
lower court's dismissal of plaintiff's unjust enrichment claim upon finding that appellants stated a
valid cause of action for unjust enrichment; applying Ghirardo and the Restatement of
Restitution); Lectrodryer v. SeoulBank, 91 Cal Rptr. 2d 881, 883 (Ct. App. 2000) (setting forth
elements of a claim for unjust enrichment); Cnty. of Solano v. Vallego Redevelopment Agency,
90 Cal. Rptr. 2d 41 (Ct. App. 1999) (applying Ghirardo and Restatement of Restitution); Birman
v. Loeb, 75 Cal. Rptr. 2d 294 (Ct. App. 1998) (recognizing but distinguishing Ghirardo); Enter.
Leasing Corp. v. Shugard Corp., 282 Cal. Rptr. 620, 626–27 (Ct. App. 1991) (recognizing claim);
Marina Tenants Ass'n v. Deauville Marina Dev. Co., 226 Cal. Rptr. 321 (Ct. App. 1986)
(discussing Restatement of Restitution).
52. See, e.g., Shum v. Intel Corp., 499 F.3d 1272 (Fed. Cir. 2007); In re Atkinson, 14 F.
App'x 960, 962 (9th Cir. 2001); Gonzales Commc'ns, Inc. v. Titan Wireless, Inc., No. 04cv147
WQH (WMc), 2007 WL 1994057, at *2 (S.D. Cal. Apr. 18, 2007); ViChip Corp. v. Lee, 438 F.
Supp. 2d 1087, 1097 (N.D. Cal. 2006); Villager Franchise Sys. v. Dhami, Dhami & Virk, No.
Fall 2010] DETERIORATION OF EQUITY 287
B. Faulty Analysis of Melchior v.
New Line Productions, Inc. Led the Court Astray
The divergence in understanding the principle of unjust
enrichment as a cause of action sparked from a blatant
misunderstanding of case law. Despite recognizing ample authority
from California state and federal courts to the contrary, the trial court
in Walker was led astray by a series of California appellate decisions
that held there is no cause of action for unjust enrichment. The trial
court expressed that it felt it had no choice but to follow the "binding
authority" from two decisions out of Division One of the Second
District of the California Court of Appeal: Melchior v. New Line
Productions, Inc. and McKell v. Washington Mutual, Inc.
Regrettably, these cases have caused a great deal of confusion
and an apparent conflict among California appellate courts, even
leading the Walker court to issue an opinion that contradicts the
decision of the California Supreme Court in Ghirardo. Specifically,
the Walker court, primarily relying on Melchior, held that a cause of
action for unjust enrichment does not exist. 53 The problem is that,
rather than applying supreme court precedent from Ghirardo, the
Melchior court relied on two decisions out of the First District of the
California Court of Appeal, Dinosaur Development, Inc. v. White 54
and Lauriedale Associates, Ltd. v. Wilson, 55 both of which predated
Ghirardo. 56
In Dinosaur Development, the First District of the California
Court of Appeal did not emphatically hold that there is no cause of
action for unjust enrichment, but instead concluded that "unjust
enrichment . . . is synonymous with restitution." 57 The Dinosaur
Development court reached this result by deferring, not to principles
of California law, but rather to the musings of a legal commentator
who conflated a circumstance that gives rise to recovery with the
CVF046393RECSMS, 2006 WL 224425, at *7 (E.D. Cal. Jan. 26, 2006) ("California law
recognizes a cause of action for unjust enrichment.") (citing Ghirardo v. Antonioli, 924 P.2d 996
(Cal. 1996)); MV Transp., Inc. v. Omne Staff Leasing, Inc., 378 F. Supp. 2d 1200, 1207 (E.D.
Cal. 2005); Westways World Travel v. AMR Corp., 182 F. Supp. 2d 952, 964 (C.D. Cal. 2001).
53. Walker v. USAA Cas. Ins. Co., 474 F. Supp. 2d 1168, 1174 (E.D. Cal. 2007).
54. 265 Cal. Rptr. 525 (Ct. App. 1989).
55. 9 Cal. Rptr. 2d 774 (Ct. App. 1992).
56. See Melchior v. New Line Prods., Inc., 131 Cal. Rptr. 2d 347, 357 (Ct. App. 2003).
57. Dinosaur Dev., 265 Cal. Rptr. at 527.
288 LOYOLA OF LOS ANGELES LAW REVIEW [Vol. 44:277
recovery itself. 58 The two are not the same: unjust enrichment
focuses on the individual who received a benefit, whereas restitution
focuses on the provider of the benefit. Moreover, the commentator
ignored the temporal aspect of these two terms. An individual cannot
make restitution unless he or she has first been unjustly enriched.
This principle does not work in reverse. To make matters worse, the
Lauriedale Associates court also relied on the flawed analysis of
Dinosaur Development, which is cited in Walker. 59 The Lauriedale
Associates court, however, did recognize that the plaintiffs were
essentially seeking restitution. 60
The bottom line is that the court in Melchior appears to have
over-extrapolated from the holdings of Dinosaur Development and
Lauriedale Associates, causing it to produce a holding that has no
basis in California law. The fact that the Melchior court failed to
discuss Ghirardo (and that other divisions in the Second District of
the California Court of Appeal have reached contrary results) 61 leads
to only one conclusion: if Melchior foreclosed a cause of action for
unjust enrichment that seeks restitution as its remedy, it was wrongly
1. Opposition Claims That the
Court Was Justified in Its Application
Opponents to this theory claim that it is justifiable to rely on the
court's holdings in Melchior and McKell because of further citation
to Melchior in Jogani v. Superior Court. 62 In Jogani, the court once
again stated that "unjust enrichment is not a cause of action," but it
did so only by reiterating the plaintiff's concession without further
analysis. 63
Courts that have addressed Ghirardo have attempted to skirt its
holding by arguing that Ghirardo does not stand for the proposition
58. Id.
59. See Lauriedale Assocs., 9 Cal. Rptr. 2d at 780.
60. Id.
61. See, e.g., supra notes 52–52(listing examples of California federal district and state
courts that have recognized that California has a claim for unjust enrichment).
62. 81 Cal. Rptr. 3d 503, 511 (Ct. App. 2008).
63. Id. at 511.
Fall 2010] DETERIORATION OF EQUITY 289
that unjust enrichment is a stand-alone claim. 64 As discussed in
Vincent Consolidated Commodities, Inc. v. American Trading &
Transfer, LLC, 65 the court in Ghirardo "merely mentioned 'a cause
of action for unjust enrichment' in passing while discussing the
remedy of restitution." 66 The Ghirardo court's mention of
"traditional equitable principles of unjust enrichment" was in
reference to the specific remedy of restitution for the unpaid portion
of a note secured by a deed of trust when the creditor inadvertently
understated the obligation in his payoff demand. 67 The conclusion
drawn is that unjust enrichment was not a stand-alone cause of action
and that Ghirardo addressed the concept only when discussing the
remedy of restitution.
2. It Is Wrong to Ignore Ghirardo v. Antonioli
Those who attempt to narrowly construe Ghirardo have been
unable or unwilling to delve into California's adoption of the
Restatement (Third), as discussed in Ghirardo. Instead, courts have
too quickly relied on cases like Melchior and McKell to dismiss
claims for unjust enrichment. In doing so, courts have done little to
advance the analysis within the greater context of the history of
unjust enrichment and of the equitable remedy of restitution. Courts
have been too easily transfixed on the label of the claim rather than
the gravamen of the claim.
In Ghirardo, the only viable claim was a claim for unjust
enrichment. The high court upheld the appellate court's
determination that the plaintiff, Antonioli, could not obtain a
deficiency judgment because he did not first proceed by judicial
foreclosure, and that he could not obtain relief under Civil Code
§ 2943 because the statute was enacted only after the action was filed
and did not apply to the underlying transactions. 68 Notwithstanding
the plaintiff's inability to obtain relief pursuant to either of these
routes, the Ghirardo court determined that Antonioli could proceed
64. See, e.g., Vincent Consol. Commodities, Inc. v. Am. Trading and Transfer, LLC, No. 07-
CV-20 W, 2007 U.S. Dist. LEXIS 53680, at *8 (S.D. Cal. July 24, 2007).
65. Id.
66. Id. at *8 (quoting Ghirardo v. Antonioli, 924 P.2d 996, 1002 (Cal. 1996)).
67. Ghirardo, 924 P.2d at 1002–03.
68. Id. at 1002.
290 LOYOLA OF LOS ANGELES LAW REVIEW [Vol. 44:277
on a theory of unjust enrichment. 69 The facts of Ghirardo confirm
that unjust enrichment can proceed as a stand-alone claim.
As proof that the principles and holding in Ghirardo should be
respected, the First District of the California Court of Appeal relied
on Ghirardo in Hirsch v. Bank of America 70 in upholding a claim for
unjust enrichment based on restitution principles. 71 Hirsch
specifically held that the unjust-enrichment claim survived demurrer
without determining whether the practices complained of were illegal
under federal law. 72
Interestingly, the court decided Hirsch a month after the Second
District of the California Court of Appeal decided Melchior.
Consequently, Melchior did not have the opportunity to discuss
Hirsch, but more importantly, Melchior did not discuss the holding
in Ghirardo.
Frankly, no court should rely on Melchior (or the cases that
follow it) because Melchior's discussion of the unjust-enrichment
claim is dicta. The actual holding of Melchior was that the Copyright
Act preempted the unjust-enrichment claim. 73 Unfortunately, the
Melchior court decided to reiterate the alternate holding of the trial
court, which mistakenly concluded that there was no cause of action
for unjust enrichment. 74 In any event, the cases cited in Melchior do
69. Id.
70. 132 Cal. Rptr. 2d 220 (Ct. App. 2003).
71. Id. at 229–30.
72. Hirsch states:
We conclude that appellants' unjust enrichment cause with respect to the alleged
overcharges survives demurrer without deciding whether the practices described in the
SAC—namely, extension of benefits to title companies through earnings' credits and
MRCF's—were illegal under federal law. This equitable claim of unjust enrichment
applies regardless of the mechanisms employed by Banks to attract escrow accounts
from title companies.
73. Melchior v. New Line Prods., Inc., 131 Cal. Rptr. 2d 347, 356 (Ct. App. 2003).
74. Melchior states:
In addition, as the trial court observed, there is no cause of action in California for
unjust enrichment. "The phrase 'Unjust Enrichment' does not describe a theory of
recovery, but an effect: the result of a failure to make restitution under circumstances
where it is equitable to do so." Unjust enrichment is "'a general principle, underlying
various legal doctrines and remedies,'" rather than a remedy itself. It is synonymous
with restitution.
Id. at 357 (citations omitted) (citing Lauriedale Assocs. v. Wilson, 9 Cal. Rptr. 2d 774 (Ct. App.
1992); Dinosaur Dev., Inc. v. White, 265 Cal. Rptr. 525 (Ct. App. 1989)).
Fall 2010] DETERIORATION OF EQUITY 291
not stand for the proposition that there is "no cause of action in
California for unjust enrichment." 75 Yet, ever since Melchior was
decided, courts have relied on Melchior to come to the conclusion
that no cause of action for unjust enrichment exists. The dicta in
Melchior has single-handedly invalidated a cause of action that has
existed for hundreds of years and has been recognized in every single
California needs to clarify and/or criticize Melchior so that other
courts will stop relying on it for the wrong reason. Neither Ghirardo
nor Hirsch required a separate, viable legal claim to serve as the
basis for a claim styled as unjust enrichment. In fact, neither case
stated any other legal basis for relief. If other decisions required
some additional legal basis in order to state an unjust-enrichment
claim, they were, unfortunately, wrongly decided.
The court's treatment of unjust enrichment in Walker is merely
symptomatic of the continuing confusion surrounding the cause of
action for unjust enrichment. New cases coming through the
California courts show that the schizophrenic treatment of unjust
enrichment has yet to be resolved. As one scholar notes, "The
technical competence of published opinions in straightforward
restitution cases has noticeably declined; judges and lawyers
sometimes fail to grasp the rudiments of the doctrine even when they
know where to find it." 76
In the recent unpublished decision Webster v. Allstate Insurance
Co., 77 the Second District of the California Court of Appeal once
again followed the Melchior and McKell approach. The corner-
cutting decision simply repeats the court's faulty understanding of
unjust enrichment in California from Walker, contradicting
established precedent and the Restatement (Third), without
furthering the analysis. 78
75. Melchior, 131 Cal. Rptr. 2d at 357; see also McKell v. Wash. Mut., Inc., 49 Cal. Rptr. 3d
227, 254 (Ct. App. 2006).
76. Roach, supra note 13, at 266.
77. No. B211390, 2010 WL 60642 (Cal. Ct. App. Jan. 11, 2010).
78. Id. at *6–*7.
292 LOYOLA OF LOS ANGELES LAW REVIEW [Vol. 44:277
Just days before Webster was decided, the Fourth District of the
California Court of Appeal, in Hernandez v. Lopez, 79 reaffirmed the
belief that unjust enrichment is its own independent cause of action
that seeks restitution as its remedy. The Hernandez court reversed
the trial court's decision, which held that the plaintiff could not
proceed under a theory of unjust enrichment where the plaintiff's
cause of action was labeled as "breach of contract." 80 According to
the modified opinion:
The trial court's holding provides a textbook example for
application of the equitable doctrine of unjust enrichment.
The doctrine applies where plaintiffs, while having no
enforceable contract, nonetheless have conferred a benefit
on defendant which defendant has knowingly accepted
under circumstances that make it inequitable for the
defendant to retain the benefit without paying for its
value. 81
Relying on Dunkin v. Boskey, 82 the Hernandez court explained:
[T]he measure of damages . . . for unjust enrichment is
synonymous with restitution. In modern legal usage, its
meaning has frequently been extended to include not only
the restoration or giving back of something to its rightful
owner, but also compensation, reimbursement, indem-
nification, or reparation for benefits derived from, or for
loss or injury caused to another. . . . The phrase "Unjust
Enrichment" does not describe a theory of recovery, but an
effect: the result of a failure to make restitution under
circumstances where it is equitable to do so. In any
event, . . . there is no particular form of pleading necessary
to invoke the doctrine of restitution. 83
Surprisingly, Webster did not discuss Hernandez or Dunkin.
California courts have not been entirely consistent with the
terminology, but it does not matter whether the claim is styled as
79. 103 Cal. Rptr. 3d 376 (Ct. App. 2009).
80. Id. at 381.
81. Id. at 380.
82. 98 Cal. Rptr. 2d 44 (Ct. App. 2000).
83. Hernandez, 103 Cal. Rptr. 3d at 380–81 (emphasis added) (citations omitted) (quoting
Dunkin, 98 Cal. Rptr. 2d at 62–63) (internal quotation marks omitted).
Fall 2010] DETERIORATION OF EQUITY 293
unjust enrichment, restitution, quasi-contract, or quantum meruit;
California law "respects form less than substance." 84
Courts have not handled restitution with a consistent hand. 85 In
fact, one commentator complains that one court's handling of
restitution and unjust enrichment was "little short of gibberish." 86
California is not the only state falling victim to confusion by
disregarding the Restatement (Third)—a surprising number of courts
handle claims for restitution incorrectly. For example, the Alaska
Supreme Court wrote in Reeves v. Alyeska Pipeline Service Co. 87:
"Unjust enrichment is not itself a theory of recovery. 'Rather, it is a
prerequisite for the enforcement of the doctrine of restitution; that is,
if there is no unjust enrichment, there is no basis for restitution.'" 88
At first, the statement appears to fall in line with the Restatement
(Third); however, the court goes on to say, "Restitution also is not a
cause of action; it is a remedy for various causes of action." 89 The
misconception that restitution is merely a remedy is a common one
that needs to be set straight. 90
New York blurred the lines between unjust enrichment as an
independent cause of action and contract law in its decision in
Allstate Insurance Co. v. Administratia Asigurarilor De Stat. 91
"[U]njust enrichment and quantum meruit . . . 'are related theories
that are best addressed as a whole[,] since the latter is merely the
means by which the former is remedied.'" 92
84. CAL. CIV. CODE § 3528 (Deering 2009).
85. See Kull, supra note 14, at 1222–26.
86. Rogers, supra note 11, at 56.
87. 926 P.2d 1130 (Alaska 1996).
88. Id. at 1143 n.17 (citing Alaska Sales & Serv., Inc. v. Millet, 735 P.2d 743, 746 (Alaska
89. Id. (citing Alaska Sales & Serv., Inc., 735 P.2d at 746).
90. See Kull, supra note 14, at 1196 (noting that if restitution continues to be negated, unjust
enrichment will return to its pre-Restatement status when it was only a remedy).
91. 948 F. Supp. 285 (S.D.N.Y. 1996).
92. Id. at 312; see also Artie's Autobody, Inc. v. Hartford Fire Ins. Co., No.
X08CV030196141S, 2006 WL 2730143 (Conn. Super. Ct. Aug. 30, 2006) (acknowledging
Connecticut's recognition of unjust enrichment claims when the complained-of conduct is similar
to that in Walker v. Geico and Webster v. Allstate).
294 LOYOLA OF LOS ANGELES LAW REVIEW [Vol. 44:277
This inconsistent application of unjust enrichment and
restitution throughout the states gives reason to heed Professor Kull's
Unless the means are found to revive it, restitution in this
country may effectively revert to its pre-Restatement status,
in which problems of unjust enrichment were treated in
isolation, classified only by transactional or remedial
setting: Mistake, Indemnity, Trustees, Subrogation. The
loss to American law, measured in terms of its ability to
yield coherent and reasoned adjudication, has already been
very great, and the outlook is not encouraging. 93
Regardless of how a court phrases the cause of action, California
has an obligation to protect those who come before its courts from
harm under principles of equity. Virtually all courts recognize a
traditional equitable theory under which an aggrieved party may
recover the value of a benefit that has been conferred on another in a
manner that stings the conscience. California is no exception. In
Cassinos v. Union Oil Co., 94 the court stated:
California recognizes that: "Equity does not wait upon
precedent which exactly squares with the facts in
controversy, but will assert itself in those situations where
right and justice would be defeated but for its intervention."
In the same spirit it is said . . . "Living as we do in a world
of change, equitable remedies have necessarily and steadily
been expanded to meet increasing complexities of such
changing times, and no inflexible rule has been permitted to
circumscribe the power of equity to do justice. As has been
well said, equity has contrived its remedies 'so that they
shall correspond both to the primary right of the injured
party, and to the wrong by which that right has been
violated,' and 'has always preserved the elements of
flexibility and expansiveness, so that new ones may be
93. See Kull, supra note 14, at 1196.
94. 18 Cal. Rptr. 2d 574 (Ct. App. 1993).
Fall 2010] DETERIORATION OF EQUITY 295
invented, or old ones modified, in order to meet the
requirement of every case, and to satisfy the needs of a
progressive social condition, in which new primary rights
and duties are constantly arising, and new kinds of wrong
are constantly committed.'" 95
These principles were recently affirmed in Nordberg v.
Trilegiant Corp. 96 After discussing the muddy waters surrounding
unjust-enrichment claims, the court rejected trifling semantic
distinctions and held that the plaintiffs could properly "assert a claim
for restitution based on a theory of unjust enrichment." 97 Regardless
of how a claimant labels a cause of action, the trial court has a duty
to examine the factual allegations of the complaint "to determine
whether they state a cause of action on any available legal theory." 98
Is the common law dead? Unjust enrichment is the weapon of
courts to protect the people. The human mind can be ingeniously
dishonest; that is why the common law, and unjust enrichment in
particular, exist—to identify, catch, and mete out fair justice when
this occurs. Statutory law is often impotent. Forty-nine other states
and half the courts in California do recognize and give effect to
unjust enrichment. The California Supreme Court needs to set the
record straight and return unjust enrichment to the place it belongs in
the pantheon of the common law.
95. Id. at 583 (citations omitted).
96. 445 F. Supp. 2d 1082 (N.D. Cal. 2006).
97. Id. at 1100–01.
98. Adelman v. Associated Int'l Ins. Co., 108 Cal. Rptr. 2d 788, 792 (Ct. App. 2001)
(emphasis omitted) (quoting Ellenberger v. Espinosa, 36 Cal. Rptr. 2d 360 (Ct. App. 1994)).
296 LOYOLA OF LOS ANGELES LAW REVIEW [Vol. 44:277


text:
UHS-I speeds in a small, durable card.
Kingston's microSD Class 10 UHS-I card features Class 10 UHS-I speeds of 45 MB/s read and 10 MB/s write, making it ideal for photographers who shoot everything from still images to kids and pets in motion. It's also ideal for cinema-quality HD (1080p) video and reduces buffer time between shots when compared to the Class 4 card.
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Designed to withstand harsh environments, this versatile card is tested to be waterproof, temperature proof, shock and vibration proof and X-ray proof.
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subset: commoncrawl


text:
Average Rating
User Reviews
1 out of 1 people found this review helpful:Chi is my favorite kittythe best anime ever not even joking i laughed in the first episode.
If you are bored you must watch this anime
it pasts time so fast
this anime will make you laugh
and cry mostly cry at the end.
hope there will be more
THISWASANAWESOMECATSERIESILOVEDITSOMUCHI just LOVED chis new address!!! It was epic and even though the episodes were less than like, five minutes i couldn't get it out of my head for weeks!!!!! Even the theme song is lovable. The characters are awesome and the plot is slightly repetitive but i know i really loved it. (: This is a wonderful series for cat lovers and its pretty good overall.
It's an adorable show!Chi's Sweet Home is the cutest anime I've seen. Chi is hilarious and there are some very touching moments. The episodes are short, but the stories are always good and keep you wanting to know what she'll do next. I think anyone who's ever had a pet will enjoy this!
1 out of 1 people found this review helpful:Enjoyable and very cute!Storyline: Chi's New Address has a sweet and simple storyline, it's very easy to watch.Read more
Music: The intro theme is fun and energetic, but it does get a little old after a while as it's the same song through the entire series.
Characters: All of the characters are sweet and lovable in their own ways, and Chi is absolutely adorable.
Animation: The animation is cute, ...
how kawaiiii! great for kids!The cutest anime show i have ever seen!
Oh how i wish there were more, even though it was 104 episodes hahahaa :DD
This is best for anyone who enjoys having pets and to know what it feels like losing them and having fun along the way!
Second season, but watch it anywayAs you may suspect, the "Chi's New Address" part of the title indicates that Chi has had previous antics. However, I was able to enjoy this anime with no problems even though I never saw the first series.Read more
This series is about Chi, a cute kitty who does cute kitty things with his family and neighbors. The series has this name because Chi's owners have to move due to their current apartment not ...
2 out of 2 people found this review helpful:This is what you call CUTE!I loved this series. Yes, it is the second series of Chi's Sweet Home, but it is still awesome.Read more
Chi: Best character. She's playful, fun and is always hyper (:
Yohei: Chi and Yohei have a special bond. They love each other!
Mom & Dad: Chi tortures them XD, not on purpose though. She plays around and tracks in mud, scratched up the furniture... etc.
There are lots of other characters but i ...
Adorable, great for all ages!!This is an amazing anime!!
Cute for all ages!! I fell in love with this show, I ended up buying all the books!
Anyways, it stars Chi' a lost kitten, who is taken in by the Yamadas. In the beggining, the are living in an apartment where no pets are allowed. Throughout the show, they all go on many fun adventures.
If you haven't watched this before, you should watch it!
Chi is for the wins!This is really good, its very heartwarming especially since almost every episode reminds me of my kitty; chi's so adorable plus with the shorter episodes its easier to watch when you have a short schedule.


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The Mitsubishi Lancer is a compact car that offers some amazing sports elements which have been appealing to consumers of younger age. The Lancer has become one of Mitsubishi's best-selling car concepts over the years, and each year supersedes the previous one. The 2018 Mitsubishi Lancer is dressed to impress which includes the 2018 Lancer Evolution offering superior styling and performance for a mid-sized car.
The 2018 Lancer will be reintroduced with significant upgrades which will include a comprehensive technology package and bring back the unique, sporty look we've come to expect. The Evolution will boast a higher price tag than the budget-friendly Lancer, and both will be introduced in markets around the world.
The following preview details all we know on the 2018 Mitsubishi Lancer specs, features, price, and release date for all expected models including the ES, GT, SE, SEL, and Evolution.
2018 Mitsubishi Lancer Specs and Features – ES, GT, SE, SEL, and Evolution Model
The biggest upgrades of the 2018 Lancer when comparing it to the 2016 and 2017 models will more standard features, more leg room, more horsepower, and more colour options to choose from. The extremely versatile Lancer has been providing plenty of enjoyment which is what we're expecting for those looking for fun on the roads.
The most notable optional and standard features will include both FWD and AWD, colourful trim package, rear spoiler, LED interior and exterior lighting, customizable dash options, satellite radio, a backup camera, touchscreen display with navigation, 3rd party app support, Bluetooth, hands-free calling, power windows and locks, and more. Safety will also be packed into the concept of the new Lancer featuring all of what you would expect from a feature rich car.
The 2018 Lancer Evolution will boast many of the same features as the base model but will have a huge emphasis on style, performance, and handling. Boasting an engine which will have a significantly more power, dual clutch, an intuitive touchscreen display, 5-speed manual transmission, Super AWD, high-performance braking system, and much more.
The specs of the 2018 Mitsubishi Lancer engine will consist of a 4-cylinder 2.0 litre with around 150-hp and a slightly more powerful 4-cylinder 2.4 litre boasting nearly 170-hp. The 2018 Lancer Evolution engine is expected to be a turbocharged variant coming in with almost 300-hp. The estimated gas mileage will be anywhere from 23-25MPG/city and up to 35MPG/highway.
Related Post: 2018 Mitsubishi Lancer | 2018 Mitsubishi Outlander
2018 Mitsubishi Lancer Price and Release Date – ES, GT, SE, SEL, and Evolution Model
The expected price of the 2018 Lancer will come in just over last year's model with the Evolution boasting a significantly higher price tag. The starting price for the ES model will come in well under $20,000 with the performance-based Evolution model coming in well over $30,000. Below, we have all the price details for the upcoming ES, GT, SE, SEL, and Evolution.
|2018 Mitsubishi Lancer ES Price
|Starting at $17,900
|2018 Mitsubishi Lancer GT Price
|Starting at $22,900
|2018 Mitsubishi Lancer SE Price
|Starting at $21,400
|2018 Mitsubishi Lancer SEL Price
|Starting at $22,500
|2018 Mitsubishi Lancer Evolution Price
|Starting at $34,900
All indications on the upcoming 2018 Mitsubishi Lancer release date points to a late 2017 launch in most markets around the world. There was speculation the new Lancer models would only be featured in limited markets, but we now believe it will become available worldwide. Most of us should see the 2018 models including the Evolution before the end of the year with a slight chance of having to wait until early 2018.
We'll continue to update this 2018 Mitsubishi Lancer review with all details on specs, features, price, and release date info.
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Hey Community,
I just finished up my video on Soundcore Spirit, but there's something unique about this review: It includes saltwater tests to see if Anker's claims regarding SweatGuard are really true!
Please take a look!
As always, any and all feedback is greatly appreciated!
Great video!
Great review Josh
Wow! That was a very thought out review. I can see that you put a lot of work and thoughts into the review. Well done Josh You certainly have a knack for reviews. Love the testing. What was the volume set at? I would assume this would play into how long the battery would last on the Spirit. I must admit, when you submerged them into the salt water, I was expecting there to be water ripples when it was playing Anyway, well well done. I always look forward to your reviews.
Volume was 80%.
I really appreciate the nice words @Nhi! Thank you very much!
No water ripples that I could see
From what I saw, you may have an opportunity to test these earbuds out on your own with the same set of directions!
Great review @joshuad11 , well thought out testing...
The micro USB dig was also comical
So far, Josh has been the first (and maybe the only one...time will tell) to test these "sweatproof" earphones as Anker suggests. Personally, I'm kinda chicken.
Nah, dunk them in the water (or go sweat crazy at the gym)...that's what the warranty is for if they fail
Anker has requested a few of us to do an extreme salt test to prove the hydrophobic nanocoating is up to snuff. My written review will be posted next week.
@joshuad11 great job as always!
I went swimming with mine, and I have a salt water pool
Great review as always. Loved the video especially the salt water test!
We could have all donated our sweat and shipped it to you for a more authentic and realistic test. With sweat which primarily contains sodium and chloride. Potassium, urea, lactate, amino acids, bicarbonate and calcium are also found in sweat all of which could have drastically altered the outcome. Having a suitable amount of real sweat obviously is plain gross and unrealistic but just something to think about when doing a test of this sort. Overall great review
Nice review. I received a Spirit sample and suggestion to test the sweatguard as well. After seeing your video I can test it better, but after seeing yours and it works.... I may not run that test but try another one. With this particular test, my concern was if the speakers would sound differently afterwards or be damaged. In most cases your earbuds will be in your ears and protected from large amounts of water and not in a bowl of saltwater.


text:
Post by Jenny
Up until a few weeks ago, the only vampire novels I'd ever read were Bram Stoker's Dracula and Stephen King's Salem's Lot. No Anne Rice. No Charlaine Harris. But I have nothing against vampires. If they didn't make for complicated, compelling characters, no one would write about them. I just haven't jumped on that particular bandwagon. (Or maybe hearse is more appropriate.)
But in honor of Banned Books Week, I decided to finally, finally, find out what the Twilight fuss is about. I'd not read any of the books, nor had I seen the movies. Because I don't live in a cave in the Gobi Desert, however, I had heard and read opinions and reviews, some praising the book, some trashing it. My own take on it was somewhere in between. I'm not sure I would have pegged it as the cultural phenom it has become, but it was, for the most part, a fun read.
Then, finding myself in the mood for a spooky Halloween book, I came across another vampire bestseller: Let Me In by Swedish author John Ajvide Lindqvist. Like Twilight, it is a debut novel and has been made into a movie. Twice, actually—first in Sweden (Let the Right One In), and then here in the US (Let Me In). Though the main character, at age 12, is younger than the Twilight teenagers, this is anything but middle grade fiction. Lindqvist is frequently compared to Stephen King, so draw your own conclusions. I've not yet finished the book, and I can almost guarantee it's not going to be a happy ending.
In comparing these books, I was struck by how the same basic premise—a young human who is attracted to a vampire of the opposite sex—could result in stories that are worlds apart. Two different authors, two different audiences, two very different reading experiences.
Sometimes when I'm in a bookstore, I look around at all the books and wonder how there can possibly be room for any more. Perhaps it's true that there is nothing new under the sun. Voltaire wrote that "Originality is nothing but judicious imitation." Likewise, Ezra Pound: "Utter originality is out of the question."In the strictest sense, maybe they're right. But writers are all different, and each of us brings something unique to the keyboard—even if the subject matter (vampires, in this instance) is hundreds of years old.
And isn't that why we write…to tell the stories only we can tell?
About The Writers
Monday, October 18, 2010
Two Vamps
2 comments:
- bfav said...
I was entertained by Twilight but didn't love it (and didn't read any of her other books).
But I agree, most stories are just imitations of other stories. It's your own twist that makes it unique. Most of Shakespeare's plays were knock offs.
- October 18, 2010 at 2:45 PM
- Jenny said...
Thanks, b. Do you suppose there's such a thing as an original imitation? I think there could be.
- October 19, 2010 at 6:06 AM
Subscribe to: Post Comments (Atom)


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Appendix B
Non-Compliance Policies & Procedures
Developed and approved by the UCO IRB on February 13, 2009
PDF Format
The goal of the UCO-IRB is to promote research and protect subjects, researchers, students, and the university. The role of the IRB is to insure that all UCO-associated research activities comply with the regulations set forth by the Department of Health and Human Services Code of Federal Regulation Title 45 Part 46. To that end, it is the responsibility of the IRB to insure that the approved protocols are followed and that subjects' rights and privacy are protected.
If the IRB receives a report that non-compliance or misconduct has occurred, it is obligated to act on the allegation. The Chair is required to conduct an investigation and report the findings to the IRB Board at the next meeting. The Board must then determine if the allegation has been proven, if so, the degree of seriousness of the violation, and the appropriate sanctions or actions. The results of the investigation and sanctions are then reported to the Provost and other appropriate administrators or officers.
Non-compliance is defined as a failure to follow IRB policies which can include:
- not applying for IRB approval prior to involving humans as subjects in research activities
- not obtaining final IRB approval for a project prior to engaging humans as subjects in research activities
- not following an approved protocol or application
- making changes in procedures, personnel, recruitment, number or type of subject groups, or Informed Consent Forms without prior approval
- not obtaining Protection of Human Research Subjects training certification before beginning research involving human subjects
Sanctions or corrective actions
Sanctions or corrective actions are based on the seriousness of the violation and the degree of risk to subjects that has resulted. Sanctions or corrective actions can include (but are not limited to) the following:
- temporary suspension of some or all research activities
- prohibition of further use of the data
- prohibition of future on-campus research funding
- prohibition of mentorship privileges
- required completion of on-line research ethics training
- formal acknowledgement of violations and assurance of future compliance
- informing appropriate administrative personnel
- violation report to funding agency
- preparation of IRB application or other forms
- modifying the protocol or Informed Consent Form
- requiring current subjects to re-consent to the project
- modifying the continuing review schedule
- terminating the research project


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Terms and Conditions
Our returns and cancellation policy is as follows:
We are happy to offer a full refund on goods returned with a receipt within 28 days of purchase except on any cut lengths of material, ribbons or trims or any balls of wool. All goods returned must be unused and unsoiled.
All refunds will be provided in the same form and to the same account as the original payment.
We try very hard to keep class costs to a minimum for you which necessitates the following policy:
a) Cancellation by you:
Full refunds by way of Stitched By You Gift Vouchers will be provided if you cancel your booking more than 14 days before the course/class date. These vouchers can be used to book an alternative course/class or for purchase of goods in our shop.
Unfortunately it is not possible to offer refunds on any class/courses cancelled with less than 14 days notice due to the additional costs involved in securing replacements or continuing the courses/classes with fewer numbers.
Similarly refunds are not available if you are unable to attend on any classes that are part of a multiple class course.
b) Cancellation by us:
In the unlikely event of us having to cancel a class/course we will give at least 24 hours notice and offer to transfer you to another class/course or provide you with a Gift Voucher or a full refund, whichever you prefer. We will not, however, be held liable for any other costs or expenses that you may incur as a result of a cancellation by us.
Please view booking conditions related to our sewing retreat here >


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The things you are passionate about defy narrow boundaries. Conn's certificate programs allow you to combine any major with a specialized course of study in an interdisciplinary field.
Academic Center Certificates
Four of the College's interdisciplinary centers offer certificates that you can combine with your major.
- Holleran Center for Community Action and Public Policy
- Toor Cummings Center for International Studies and the Liberal Arts
- Goodwin-Niering Center for the Environment
- Ammerman Center for Arts & Technology
You apply to a center in your sophomore year. Selected students earn their center certificate by completing a three-year program of coursework, a summer internship and a senior integrative project, in addition to the requirements for their major.
Museum Studies Certificate
The museum studies certificate program, open to undergraduate students from all majors, is designed to introduce students to careers in all types of museums, cultural arts centers, historical sites and houses, science centers, environmental education centers, exhibit design firms, auction houses, planetaria, aquaria, zoos and botanical gardens.
Teacher Certification
Do you want to teach? A liberal arts education complements good teacher preparation.
Connecticut College is accredited to offer teacher certification. The program is accredited by the Connecticut Department of Education and satisfies the requirements of many other states.


text:
Come Plan with us! Do you think you have what it takes to be a part of the team? We are looking for those who are interested in learning if a career in financial services is right for them. Our job is to be your career coach. We will take you through our mutual career exploration process. During this process you can expect the following:
- A preliminary discussion about your goals, life objectives and what motivates you. This is done to locate where you can best achieve your career objectives.
- Third party feedback, employed through assessment tools designed to find where your strengths are.
- To meet with key management team leaders and firm associates who are there to guide you along your success track.
- To explore the most important parts of this career, in an effort to assist you in deciding your level of comfortability with what will be required of you, in order to build your practice.
- We encourage you to consider a career with us. Contact us to take the next step toward a more rewarding career path today.
For more information about a career in financial services, call Anthony Campanile at 609-709-0041.


text:
Matt Keith had a five-point night to help Braehead Clan return to the top of the Elite League table thanks to an 8-2 victory over Fife Flyers.
Keith scored two goals and added three assists, while Neil Trimm also scored twice to send the Clan back on level points with Sheffield Steelers.
Both sides have 33 points, but Sheffield have a game in hand.
Zach Hervato scored the game-winning goal as Hull Stingrays sprang a surprise with a 3-2 triumph over Belfast Giants.
Craig Peacock put the Giants ahead on the powerplay at the 8:43 mark of the opening period but the Stingrays drew level through Carl Lauzon.
Powerplay strikes from Matthew Davies and Hervato put the Stingrays in charge and although Kevin Westgarth halvd the lead, Hull held on.
In the evening's other game, Jade Portwood scored the game-winner 2:08 from the end of regulation to give Edinburgh Capitals a 3-2 win over Coventry Blaze, whom Sheffield play tonight.
Mathieu Roy added to his amazing goal tally with the opener for Sheffield Steelers against Cardiff Devils tonight. Sheffield Steelers 4-1 Cardiff Devils (Result)
The French Canadian squeezed the puck past Ben Bowns after his side had failed to conjured up any real chances before the sixth minute.
Devisl had more quality chances but couldn't get the puck past Frank Doyle (pictured.)
The first period ended at 18;06 after Devils' Andrew Hotton, who had been having a vocal feud with Gord Baldwin, was hit in face by the puck...delivered by Baldwin.
Steelers scored in a scramble in the Devils crease at 34;35, Tyler Mosienko getting the credit although Rob Dowd had the last touch.
Phil Hill's delight was obvious when he scored against his old club to make it 3-0.
But Devils grabbed one back when Carl Hudson scored from the left flank.
Colton Fretter made it safe with an empty net goal at 4-1.
The win took Steelers two points clear of Braehead Clan at the top of the league.
The game, Steelers' 600th EIHL league game, also saw the return of Dustin Kohn, after injury.
Second-string goalie Geoff Woolhouse was out again - the luckless Brit has injured his groin.
Tyson Mark was out suspended for the Welsh.
Saturday fixtures:
Elite League
Edinburgh Capitals v Coventry Blaze – 6.00pm
Fife Flyers v Braehead Clan – 7.15pm
Hull Stingrays v Belfast Giants – 6.30pm
Sunday 14th December
Elite League
Cardiff Devils v Braehead Clan – 6.00pm
Coventry Blaze v Sheffield Steelers – 5.15pm
Dundee Stars v Hull Stingrays – 6.30pm
Edinburgh Capitals v Fife Flyers – 6.00pm
Nottingham Panthers v Belfast Giants – 4.00pm


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Owen, deputising for the injured and suspended David Beckham in Baku, stole in on Ashley Cole's cross to head home after 21 minutes.
It strengthened England's position at the head of Group Six after a scrappy encounter in atrocious conditions.
Azerbaijan rarely threatened, with Emin Guliyev firing narrowly off target.
England coach Sven-Goran Eriksson opted for Newcastle's Jermaine Jenas as replacement for Beckham.
And England almost got the perfect start when Owen met Gary Neville's cross, but could not find the target.
Azerbaijan have been buoyed by home draws against Wales and Northern Ireland, and they came close to taking a shock lead after 11 minutes.
Guliyev's long-range drive almost shocked Paul Robinson, drifting only inches wide.
And England took advantage of the escape to take the lead, courtesy of Owen, in the 21st minutes.
Cole's measured cross to the far post was met by the unmarked Owen, who headed past Jahangir Hasanzade from eight yards.
Wayne Rooney, who had been booked for a foul on Anatoly Ponomaryov, had an opportunity to extend England's lead five minutes before the interval when Hasanadze was harshly penalised for picking up a back-pass.
Nicky Butt set Rooney up from close range, but his powerful drive rebounded to safety off the wall.
Robinson had to be alert to dive at the feet of Samir Aliyev eight minutes after half-time when England struggled to clear a free-kick.
But England responded with a threat of their own, Hasanzade looking uncertain as he turned a 30-yard free-kick from Frank Lampard over the top.
England coach Eriksson then made a switch, sending on Alan Smith for the subdued Jermain Defoe, as well as introducing Shaun Wright-Phillips for Jenas.
Rooney had worked hard in his deeper role, and he tested Hasanzade with another England free-kick, but the goalkeeper was equal to the task.
Azerbaijan enjoyed a greater share of possession in the closing stages, but England survived without any serious alarms.
Azerbaijan: Hasanzade, Hajiyev, Sadygov, Amirbekov, Shukurov, Kerimov, Emin Guliyev (Ilgar Gurbanov 75), Kamal Guliyev, Ponomarev, Nabiev (Abdullayev 79), Aliyev (Gurban Gurbanov 59). Subs Not Used: Makhmud Gurbanov, Mekhtiev, Abbasov, Mamedov.
Booked: Kamal Guliyev, Sadygov.
England: Robinson, Gary Neville, Ashley Cole, Butt, Ferdinand, Campbell, Jenas (Wright-Phillips 72), Lampard, Rooney (Joe Cole 84), Owen, Defoe (Smith 55). Subs Not Used: King, James, Terry, Hargreaves.
Booked: Rooney, Ashley Cole, Butt.
Goals: Owen 22.
Att: 15,000.
Ref: Alain Hamer (Luxembourg).


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Historic coalition of 50 leading men's issues advocates launches ahead of International Men's Day
Fifty of the UK's leading charities, academics, journalists and campaigners have come together to form the UK's largest ever coalition to tackle gender-specific issues affecting men and boys.
The Men and Boys Coalition brings together organisations and individuals specialising in fields ranging from mental health and suicide prevention to education and parenting and will be launched in Parliament today [Tuesday 15th November] ahead of International Men's Day on 19th November 2016.
The Coalition aims to collectively ensure that issues affecting men and boys are fully recognised and tackled by Government, the statutory sector and society in general.
The many nationally-recognised and award-winning campaigns that have agreed to participate in the Coalition include The Campaign Against Living Miserably [CALM]; Britain's leading charity for male victims of domestic abuse, the Mankind Initiative; and organisations working with men and boys affected by sexual violence, such as Survivors Manchester.
Although bringing diverse expertise and coming from across the political spectrum, all members are committed to developing constructive, progressive, coherent and gender-inclusive solutions to male-specific issues. The Men and Boys Coalition will bring these voices together under a single lobbying and campaigning umbrella, believed to be the first coalition of its type anywhere in the world.
Mark Brooks, Chair of the ManKind Initiative (domestic abuse charity), said:
"Over recent years, we have seen many examples of cooperation from a wide range of voices and charities all concerned that not enough is being done to support men and boys in tackling issues they face in their lives. This joint working includes challenging statutory bodies to provide services, campaigning for funding and representing the needs of men and boys in the political arena. It is welcome and long overdue that this new coalition has been formed which will represent us all and make all of us stronger – for the good of men and boys, and of course, the women and girls they share their lives with."
Jane Powell, CEO of the Campaign Against Living Miserably, said:
"As a society we need to look at the needs of men and boys across all of our services, as we have done, for girls and women, and rightly so. We see boys failing significantly more than girls in education, significantly more men in prison than women, and far more men taking their lives than women. Inequality in any guise is unacceptable; this is a coalition which is long overdue."
Duncan Craig, CEO of Survivors Manchester, said:
"The Men and Boys Coalition is important to the growth of an area that has been vastly under resourced and neglected – the health and wellbeing of men and boys. The coalition provides us with an opportunity to address inequalities, network and join forces and build new relationships that will inevitably result in better provision across the UK for men and boys."
John Adams, stay-at-home-father and leading dad blogger, said:
"Women face a lot of issues that need addressing and men have a role to play in making society better for women and girls. There has, however, been a definite change. Slowly but surely, society is waking up to the fact men also face significant challenges: poor mental health provision, a depressingly high suicide rate, ever poorer educational attainment. I am delighted to do my small part to help men meet these challenges and help create a better society for all."
The conditions of membership for the new coalition include an agreement that progress for men and boys should never come at the expense of the interests and wellbeing of women and girls. The Coalition's gender-inclusive approach asserts that solutions to male-specific issues should complement campaigns on women's issues, rather than oppose them. The Coalition will not accept or work with organisations or individuals who express misogyny, homophobia, transphobia, racism or any other form of bigotry or discrimination.
Notes to Editors
(1) The Coalition will be officially launched in Committee Room 19, Houses of Parliament (4pm)
(2) The Coalition's key public platform will be our website, live on 14.11.2016:
(3) Members of the Coalition share the aims of:
The Coalition will act as a vehicle to promote a year-round focus on these broad aims and will tackle these particular concerns of the Coalition's members (in no particular order):
The members of the Coalition are:


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Young People
Toft has one of the oldest average age groups in South Cambs - but there are a lot of young people in the village. We are keen to post more information for them - please contact the site with your suggestions.
Schools & Playgroups
Comberton Village College, Comberton
Hardwick Community Primary School, Hardwick
Meridian School, Comberton
Tumble Tots Playgroup, Comberton


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A new report is painting a bullish outlook for Ottawa's office market, arguing that the city's light-rail line is renewing investor and tenant interest in properties that will be connected to rapid transit in the coming years.
Commercial real estate services firm Avison Young said the local market can be characterized as "in recovery" heading into the second half of 2017.
"Class AA buildings had sub-six per cent vacancy at mid-year 2017, with large-block space a rare commodity," the firm wrote in a report released Wednesday. "While the class-B market continued to struggle, it will not be long before these buildings get pulled along with the low-vacancy wave, mirroring the rise in class A rental rates as tenants realize the benefits of proximity to LRT stations in the core."
Despite the positive outlook, Avison Young reported vacancy rates continued to tick upwards in the second quarter of 2017. Other market watchers, however, say vacancy rates declined during the quarter.
Earlier this summer, Colliers International reported the citywide office vacancy rate was 11.7 per cent at the midyear mark, down from 12.2 per cent at the end of the first quarter.
Avison Young highlighted light rail as well as Shopify's lease of an additional 325,000 square feet inside the office tower at 234 Laurier Ave., at O'Connor Street, as helping to spur a turnaround in Ottawa's core office market.
Elsewhere, Avison Young argues that plans to extend light rail to Moodie Drive and eventually into Kanata are boosting the city's western office market.
The firm says net effective rental rates in Kanata are approaching $12 per square foot after hovering in the $8 range for several years.
"It would seem that market, like the downtown core, has started to turn the corner," Avison Young said.


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Mayor Antonio Villaraigosa called for a mandatory helmet law for all bicyclists across California at his much-touted "bike summit" downtown Monday.
Cyclists booed the mayor as he called for the law, which would cover those 18 and older (juveniles are already required to wear helmets). " ... We need to have a bicycle helmet law for people over 18," Villaraigosa said.
Villaraigosa broke his elbow in a bike accident last month. The incident renewed his interest in a long-simmering movement to make L.A. a more bicycle-friendly city.
"I don't need to be popular here,'' Villaraigosa said. "I'm here today because I was wearing a helmet.''
More than a hundred bicycle activists and community members gathered at the Metropolitan Transportation Authority boardroom Monday morning to hear the mayor and city officials speak on the issue -- and to participate in a question-and-answer session.
Members of the Los Angeles County Bicycle Coalition, Los Angeles Bicycle Advisory Committee and others participated in the discussion. Joining the mayor were city planning director Michael LoGrande and Los Angeles Department of Transportation (LADOT) general manager Rita Robinson.
The death of a bicyclist Monday morning in the San Fernando Valley underscored the need to improve bike safety, Villaraigosa said.
"We need to change the driving culture where some drivers don't pay attention to the rights of bicyclists," Villaraigosa said.
The mayor touted the city's bicycle plan, which calls for the creation of more than 1,600 miles of "bikeways" throughout the city. Ten percent of revenue from Measure R, the voter-approved half-cent sales tax for transportation projects in L.A. will be allocated toward bicycle and pedestrian infrastructure, according to the mayor.
The mayor noted that between 1977 and 2010, the city only built 372 miles of bikeways, with an average of eight to ten miles being built per year. He hopes to increase the average to forty miles per year, with 200 miles planned for the next five years.
The mayor said he plans on producing a series of public service announcements to educate the public on bicyclists' rights and safety.
Villaraigosa and city Councilman Bill Rosendahl touted a law that would mandate a three-foot separation between drivers and cyclists on state roads when cars are overtaking bikes.
During the forum, some community members questioned the city Department of Transportation's efficiency when it comes to implementing the city's bike plan.
"LADOT is notorious for dragging their feet, what will you do to change that?", one bicyclist asked.
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LADOT head Robinson said the department will work with the mayor and city council to address the problem.
Following the summit, some community members seemed pleased by what the mayor and others had to say but were concerned about actions going forward.
"I think today was a good start", said cyclist Patrick Miller of Hollywood. "But the mayor is going to need a lot more of a sustained effort for this to amount to anything."
-With reporting from City News Service. Got news? Email us. Follow us on Twitter, too: @dennisjromero.


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Yarnival! The Yarnies Edition
Welcome to the October issue of Yarnival. Without further ado, I present...The Yarnies!
The Award for Biggest Sock goes to Mariknits for her Snowy Night Gansey Stocking (although maybe the award should go to her husband for his size 14 feet). Such a beautiful project, and it looks like a great one for the holidays.
Most Thoughtful Dissertation on Stash goes to Mishkaknits for her post about the constant struggle to come to terms with her stash.
The Seriously Bad Pooling Award goes to Lucy. Scroll down, this is really bad pooling.
Best Use of High School Curriculum to Describe an FO goes to Kristy. It's a well-rounded reflection on her finished Back to School U-Neck Vest.
Best Instructional Post on How To Start Your Own Farm goes to Loren for her very awesome photographic tour. This one is of special interest to me because I have always wanted a pet goat. Loren takes it further with goats, rabbits, a horse, and, of course a Border Collie!
Best Original Pattern Inspired by Literature goes to BigAlice for her truly stunning Cheshire Cat Stole. It's so wavy, so modern looking, so beaded! I'm a sucker for knitting with beads, and this is a gorgeous piece.
Amy is the lucky recipient of the award for Best Seasonal Instructional Post for her mitten tutorial. I haven't tried mittens before, but she makes it look so easy, I just may have to give it a whirl. And who doesn't love mittens, really? Especially purple ones!
Best Post Written Entirely in Pirate Dialect goes to Leone for her entertaining and useful Pirate Scarf Pattern. Love bright colors, stripes, and mismatched textures? Check this one out. I think she's well on her way to starting a trend.
Best List to Keep Handy When It's 3am And You've Just Placed Another Order at The Loopy Ewe goes to Maria for her very through list of reasons to stock up on sock yarn (like you needed an excuse). Bonus feature: Sock Yarn Stash Flash!
Best Tale of a Valiant Struggle goes to Miss T for her post about her encounter with The Very Bad Stitch--just in time for Halloween!
Best Attempt to Duplicate an Interweave Knits Photoshoot goes to Orata for her very showy photoshoot in her Tilted Duster (Step One: Get a better umbrella). There should be more attempts to duplicate Interweave Knits photoshoots!
The Honorary MacGyver goes to Emily for her seriously creative swift.
The Pink-Is-Awesome-HaHaHa Award goes to TheBlackSheep for her account of redemption after angering The Pink Gods. Let this be a lesson to you!
Scariest Tale (with Happy Ending) goes to Lara for her woeful tale of The Ripping of the Kyoto Sweater.
Closest Encounter With a Famous Knitblogger goes to Bertha for her fascinating post about how she ended up owning a sweater handknit by Grumperina. Bonus Award: Best Use of Striped Leggings in a Photoshoot!
The No-Animals-Were-Harmed-In-The-Creation-Of-This Post Award goes to Nia for her thorough documentation of her quest to put her cats in skirts. No, really.
Most Awesome Sweater goes to Kirsty for her truly awesome Wonder Woman Sweater. Seriously, this is not to be missed!
The Best Knitblog You're Not Reading Award goes to Sheepish Annie for her overall wonderfulness. Zombies, cats, trucks, hilarious crock pots--it's all here, folks!
Yarnival Hunk of the Month goes to Tienne's husband husband Matt. Lovely photoshoot in his very handsome Cobblestone Pullover.
That's it for this month's issue. I hope you enjoyed it as much as I enjoyed putting it together for you. Remember, if you didn't make it in this month, be sure and try again next month, when Yarnival will be hosted by WryPunster. You can go ahead and send in your submissions here.
Happy Yarnival, everybody!


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Mid-length hairstyles are having a moment right now. Gone are the days of them being an awkward in-between hair stage; 2014 is the year to embrace your not-quite-short-not-quite-long locks.
We love mid-length hairstyles because you can wear them up or down, add extensions and not have any of the dreaded high-maintenance required for long tresses.
We've flicked through all our fave celebrity mid-length hairstyles to bring you a selection of the best 'dos from the red carpet and beyond. From Alexa Chung's choppy style, to Jessica Alba's smooth 'do, loads of the A-list are loving the mid-length hairstyle right now, and so will you.
Go on, hunt out your new mid-length hairstyle now and treat yourself to a new season update.
By Lauren O'Callaghan
Got a tablet? You can now download LOOK magazine straight on your iPhone,
, Kindle (just search the store for 'LOOK magazine'),
. And don't forget to rate and review!


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Dreaming of dragons? Finding yourself muttering "Winter is coming" to everyone on the bus? Bereft of Sunday night plans? By our diagnosis, you're suffering from a severe case of GOTW - Game of Thrones withdrawal. Don't worry, there are treatments to alleviate your discomfort.
Rather than wallowing in their own bout of GOTW, a talented team of artists and animators directed by BlackMeal and Baptiste Pagani have created a gorgeous 90-second summary of the first four seasons of HBO's hit fantasy.
Yes, it's not in chronological order, and no, not all of the major story lines make the cut - but it does a much better job than any of us could do of recapping some forty episodes of power games in under two minutes.
Needless to say spoilers abound.


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Starting from test results, or need instrumented testing to model a vehicle's performance? We can help.
Get final approval and speed up client acceptance testing with the help of our simulation experts.


text: On Saturday, January 21, at 8 pm, in the Hop's Warner Bentley Theater, student writers, directors and actors will come together to perform brand new plays. How new? They haven't been written yet. Welcome to WIRED!, a 24-hour theatrical experience where writers stay up all night writing their plays in response to a prompt, and actors perform their work the very next day. For more information on how this show comes together, see "Wired! The shows that snacks built," where I detail the work that goes into the event. WIRED! is produced by the Displaced Theater Company, a … [Read more...]


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R&D Systems Human CCL8/MCP-2 Recombinant Protein
Manufacturer: R&D Systems 281CP010/CF
This item is not returnable. View return policy
DescriptionMeasured by its ability to chemoattract BaF3 mouse pro-B cells transfected with human CCR5. The ED 50 for this effect is 0.01-0.06 µg/mL. Measured by its ability to chemoattract THP-1 human acute monocytic leukemia cells. The ED 50 for this effect is 0.03-0.1 µg/mL.
|Lyophilized from a 0.2μm filtered solution in PBS.
|9 kDa
|97%, by SDS-PAGE under reducing conditions and visualized by silver stain.
|Use a manual defrost freezer and avoid repeated freeze-thaw cycles. 12 months from date of receipt, -20 to -70° C as supplied. 1 month, 2 to 8° C under sterile conditions after reconstitution. 3 months, -20 to -70° C under sterile conditions after reconstitution.
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In his second collection of humorous essays, comedian, Greg Scarnici recounts some of his shocking and scandalous experiences over twenty-five seasons on New York's Fire Island. From tea dances in Fire Island Pines to drag competitions in Cherry Grove, Scarnici paints a picture of what a typical summer on the island of misfit boys is like.
Highlights include being crowned the Worst Drag Queen in Cherry Grove, getting innocently lured to a "sex dungeon" that was actually a 3X4 garden shed, and riding the ferry as his alter ego, Levonia Jenkins, every Fourth of July with two hundred other drag queens during the annual Invasion of The Pines.
Along the way, Scarnici weaves in some of the history of Cherry Grove, and introduces some of its most colorful characters. Find out what it's like to slap on a synthetic wig on a ninety-degree afternoon, hook up in the notorious Meat Rack, and party on the beach until the sun rises during the annual Pines Party.
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I've been saying this since this same time last year (actually around March of last year during the 2016 Presidential Primary Elections).
Due to the surge in Social Justice Warrior
protests riots over anything that "triggers" them, I've noticed this consistent trend. That is, whatever/whomever radical SJWs desperately try to censor…It usually has the opposite opposite effect. In other words…no matter what or who the most intolerant regressives band together to silence and destroy, they almost always end up inadvertently promoting/advertising their perceived opponents, thus, making their intended target more visible to a larger audience.
We've seen this same pattern play out over & over again within the past year. Let's take a look at a few examples.
Photo from @realdonaldtrump Instagram
One of the most obvious illustrations of this trend is from President Donald J. Trump and the 2016 Presidential Elections. Whether you like the guy or not, one thing is for sure: The more that The Media, Hollywood, The Establishment (both DNC & GOP Swamp Things) and the general public attempted to attack his supporters & sabotage his campaign, the more attention they gave him—FOR FREE!—and ultimately, the more his voter-base grew larger based on the country's growing resentment for self-entitled snowflakes and their misguided "peaceful protests".
Between the ousting of socialist Bernie Sanders by the rigged Democratic Party, and the solipsism of Crooked Hillary Clinton, all Trump pretty much had to do was bond with the flyover states while riding the wave of haters all the way to The White House (Exactly what Anti-Trumpers DIDN'T want to happen).
Photo from @JoyVilla Instagram
Joy Villa —an American Pop-Singer & Vegan Model—made national headlines after attending The Grammy's with an all white cloak, only to reveal her one-of-a-kind "Make America Great Again" dress on the red carpet in support of then-Presidential Candidate Donald J. Trump.
Photo from @JoyVilla Instagram
Despite all of the shame, mockery and hate expressed from liberal Hollywood, Joy ended up having the last laugh. After gaining fans (and haters) from rocking the fresh MAGA Dress to the grammy's, Joy quickly rose to #1 on iTunes, outselling Beyonce and Lady Gaga!
Photo from @JoyVilla Instagram
Photo from @milo.yiannopoulos Instagram
Milo Yiannopoulos, the British media personality, political commentator & former Breitbart journalist is most notably known for being a gay conservative and epic troll to Social Justice Warriors across the western world. He is an avid Trump Supporter, and triggers many "tolerant" progressives who find it daunting to accept the fact that minorities, women, and LGBTQ members of society CAN and DO in fact think and live outside of the confines of the stereotypical behaviors associated with them by leftist identity-politics.
Milo's infamous "Dangerous Faggot Tour" took an unexpected turn after Antifa Protesters rioted and shut down conservative speaker's event that was scheduled to be held at UC Berkley College in California.
As a result of this "Anti-Fascist" Fascism Milo's pre-order book sales for his then-unreleased book Dangerous skyrocketed overnight!
Although, he eventually lost his $250K book deal with Simon & Schuster and later released it under his own publishing company, his spike in sales after the UC Berkley Protests is certainly worth mentioning as another example of censorship being the new form of promotion in our day & age of SJW tantrums & tirades.
Earlier this year (Spring Of 2017) we've experienced a full-fledged flag-war against The Manosphere (Specifically, The Black Manosphere) in which an influx of disgruntled women (mostly black women) declared a censorship-war on ANY & EVERY black-male YouTuber—or any YouTubers for that matter—who had ANYTHING unflattering to say about women (specifically, black women).
This cluster of flag-groups seemed to form around the same time that YouTube was already in the process of implementing new (more strict) community guidelines and censorship campaigns in order to appease to Big-Time advertisers who accounted for most of the Google Adsense revenue that many of us have enjoyed in the earlier days of running Google Ads on our YouTube videos.
As you can see in the image above, these are a few of the "lists" comprised by women who wanted to flag each & every channel—regardless of whether or not they saw anything offensive on these channels—simply off of the strength that these names ended up on their little list. No investigations, no considerations…If you're name was on this list then they were out to flag all of your social media pages down.
^^This is by definition, a witch-hunt!
As a result of this mass-censorship—by both YouTube, as well as the Flag-Brigade—it motivated many content producers in the manosphere to put aside their differences and unite to fight fire with fire in order to put an end to the flag war which eventually subsided. As an added bonus, the very list that these groups of flaggers made would eventually become the list that many men who enjoyed black manosphere content would look to in order to find NEW channels that they may have otherwise never heard of.
So basically, instead of stopping the content producers on their hit lists, they ended up sending them even MORE listeners & subscribers than ever before lol! Censorship IS the new promotion!
This flag-war also woke a lot of brothers up to the real risk that much of their content on social media pages can easily be removed or de-monitized with enough haters false-flagging their work with false-copyright and/or community guideline violations.
This has been resolved with many men now hosting their own privately-owned websites that can't simply be deleted by butthurt Facebookers & YouTubers throwing fits on Social Media. Websites such as my own (The MAB Experience), TheNegroManosphere.com, JDBMedia.net, and MGTOW.com are examples of websites that will hold unfiltered content that can be shared across various social media sites without the fear of being removed by internet SJW witch-hunts. What a time to be alive!
For the past year now I've been getting flagged left & right after announcing my voting for President Trump and criticizing #BlackLivesMatter for their misandrist agendas. During my latest 30 days (actually 60 days including my current sentence) in #FacebookJail, I had a lot of time to finish writing and pursuing other goals instead of distracting myself with social media as I usually do.
I'm proud to announce that my first book Just Another Book Niggas Ain't Gon' Read is available on Amazon in Paperback in Kindle eBook formats!
I'm also proud to announce that this book is the first publication under my own publishing company The MAB Experience, LLC! I consider it to be not only a politically incorrect self-help and personal growth manual, but an epic troll move and slap in the face to all of the Group-Think Hate-Flaggers & SJWs that wake up every
morning evening to demonize & erase the creative works of people they disagree with.
As of this date (July 31st, 2017) I'm releasing a book that's going viral on Facebook…FROM #FACEBOOKJAIL lol and the best thing about it is the fact that so many people are looking into the book now that there's no censoring it at this point.
To those who have shared my posts and pre-ordered the eBook, I want to thank you from the bottom of my heart; not only for supporting my content, but for supporting our Freedom Of Speech and taking a stand against the "Anti-Fascists" who are actually TRUE Fascists in every sense of the word.
I am a strong advocate for the first amendment and I truly believe that this book—as well as the great creative works from many other content producers—would not be possible in any other place in the world, and I'm proud to be a part of the community that is fighting for free speech other political correctness!
In closing, I want everyone reading this to remember: We may not like or agree with others, but as Americans we must recognize their right to free speech. It can be a slippery slope at times, and freedom of speech doesn't mean freedom from consequences, but nevertheless we should have the liberty to observe diversity in ideologies and philosophical differences, and not just diversity in regards to trivial identity politics that regressives choose to focus on such as race, gender & sexuality. We NEED diversity of ideas! And for those who may disagree, they're slowly finding out that the more they try to silence opposing ideas, the more they increase the demand for it. Censorship is the new promotion baby!


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Edelmann's Polaris, KTM, and Husqvarna is a family-owned and operated business since 1966 and is the Capital District's most experienced Polaris dealer. We sell and service Polaris Snowmobiles, ATVs, RZR's, Ranger side x sides, KTM dirt bikes, motocross bikes & motorcycles, Husqvarna dirt bikes & motorcycles, Triton Trailers, Echo chainsaws, trimmers, and power blowers, as well as Polaris generators. We have the full line for Polaris, KTM, & Husqvarna on display at all times. We also have the largest parts, accessory, and apparel selection in the Troy, Albany, and Bennington area! We stock helmets, clothing, & riding gear for snowmobiles, ATV's, motorcycles, moto-x, enduro, harescrambles, & anything off-road. Whatever your needs, we can help! Also, we're open 7 days a week!
Our service department handles everything from routine maintenance to complete overhauls and performance upgrades. We also rebuild and service shocks and forks for all makes of bikes, sleds, & ATV's, in house. Edelmann's is known throughout the Northeast as "the place to go if you want it fixed right". We are also the Northeast Regional Customer Service Center for Polaris. We have three factory certified, Master Service technicians on staff with over 60 years combined experience. We will give you the best service possible on your Polaris, KTM, & Husqvarna, plus we service all brands!
The disappointment in poor quality and poor service lasts much longer than the momentary thrill of a cheap price.