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DOLBEAU, JEAN, Recollet priest, missionary in New France; b. 2 March 1586 in the Duchy of Anjou; d. 1652 at Orléans (France).
In 1605 he joined the Recollets of Balmette, near Angers. After his philosophical and theological studies, he sought permission from his superiors to go and preach the faith in the East or West Indies. Named to the Canadian mission, he sailed from Honfleur on 24 April 1615. On 25 May of that year his ship dropped anchor off Tadoussac and on 2 June he was at Quebec. As soon as he arrived, he busied himself with building little rooms for the missionaries and a chapel, which he dedicated to St. Charles. On 25 June he celebrated the first mass said at Quebec.
In December of the same year, he was given charge of the Montagnais mission at Tadoussac. But the threat of failing eyesight soon obliged him to return to Quebec, where he officiated at the burial of Michel Colin on 24 March 1616. After a short visit to Trois-Rivières at the end of June, he accompanied Samuel de Champlain and Father Joseph Le Caron back to Quebec on 11 July. While Champlain and Father Denis Jamet and Le Caron went to France to interest the Compagnie des Marchands de Rouen et de Saint-Malo and all men of goodwill in the Canadian missionary undertaking, Father Dolbeau remained at Quebec to minister to the French, to evangelize the Indians who came there, and to bolster the courage of the settlers who had, in the words of Gabriel Sagard, "many crosses and little bread."
After making a trip to France in the summer of 1617 to try in his turn to overcome the greed and covetousness of the merchant partners, Father Dolbeau arrived back in Quebec on 27 June 1618. He returned with the title of provincial commissioner and brought from France a jubilee – the first ever gained in Canada – which he proclaimed on 29 July in the chapel at Quebec "to the great satisfaction and solace of every one." On 3 June 1620 he blessed the corner-stone of the "first convent and first seminary" in the country, in the building of which both French and Indians worked under the leadership of François Gravé Du Pont. In the autumn of that same year, Father Dolbeau returned to France, taking with him an Indian boy named Pierre-Antoine Pastedechouan, in order to have him educated.
In France, Father Dolbeau served successively as master of novices and definitor; in May 1633 at Toledo he attended the chapter of his order in his capacity as custodian of the province of Sainte-Madeleine.
In demand as a spiritual director, he passed away at the convent of Orleans on 9 June 1652. At his death he left a manuscript in which he had recorded the marvellous workings of grace in the soul of Anne de Pichery, whom he had directed. This manuscript, which is supplemented by an abridged life of Father Dolbeau, was slightly revised for publication by the Benedictine monk Dom Gilles Jamin, but it was never printed. The manuscript is preserved in the Municipal Library of Orleans in five versions, each differing slightly from the others.
Bibliothèque municipal d'Orléans, MS 509, manuscrit du XVIIe siècle. Le Clercq, First establishment of the faith (Shea), I, 82, 85, 87, 89, et passim. Sagard, Histoire du Canada (Tross). The Catholic encyclopedia, an international work of reference . . . of the Catholic Church, ed. C. G. Herbermann et al. (17v., New York, 1907–22). Jouve, Les Franciscains et le Canada (1615–1629). Conrad Morin et Archange Godbout, "Le Père Jean Dolbeau, récollet, missionnaire en Nouvelle-France, 1615–1620: I, Vie; II, Lettres spirituelles," Chronique françiscaine du Canada, déc. 1941, 169–236.
© 1966–2023 University of Toronto/Université Laval
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Frédéric Gingras, "DOLBEAU, JEAN," in Dictionary of Canadian Biography, vol. 1, University of Toronto/Université Laval, 2003–, accessed October 1, 2023, http://www.biographi.ca/en/bio/dolbeau_jean_1E.html.
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My dad, Bruce Glover, teaching physical education at
Harbor Beach High School, Harbor Beach, Michigan around 1974.
The United States is celebrating Labor Day today. Labor Day is a day to recognize the contributions that workers have made. I have chosen to celebrate teachers. Teachers have been under fire in our state of Michigan, lately. I won't get into the specifics, but needless to say I am on the side of teachers. Teachers make a difference every day of their lives. They work tirelessly for the benefit of their students. They spend their summers improving themselves and preparing for the next year.
I have been blessed with very good teachers in my life. From my favorite first grade teacher, Mrs. Merriman, to a favorite sixth grade teacher, Mrs. Davidson, I have fond memories of caring, dedicated teachers. Junior High was no different, a math teacher, Mrs. Weikert, took the time to help me learn to relax during tests. Mr. Bishop, a science teacher, inspired me to go to college. He brought an enthusiasm to his teaching I would have loved to replicate. High school teachers that I found especially helpful include Mr. Clark, Biology; Mr. Tippett, Government; Miss Witkovski, English; Mr. Miljour, Biology and Mrs. Brobst, Home Economics. Again, teachers make a difference!
There are a few teachers in my family. My dad, taught for 41 years before retiring. After retirement, he decided to be a golf coach and did that for another 5 years or so. I never had my dad as a teacher as he taught physical education and it wasn't co-ed in those days.
My husband, Kirk, teaching first grade at
Deckerville Elementary School, Deckerville, Michigan in 1981.
I married a teacher. My husband, Kirk, has been in education for 36 years. He was an elementary teacher for many years. Currently, he is a middle school counselor. He loves his job. It is getting to the time where he should be thinking about retirement, but he loves working with the students. After an unusually challenging child abuse case I asked him how he does it. His reply was he wants to be the one to make a difference in a child's life. He wants to be there for them. An attitude I have heard time and again from many, many teachers.
So, in honor of Labor Day, I say thank you to the many teachers who devote their lives to their students.

subset: commoncrawl


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Calming NURBS with the Flare Storm (Tech Trends Feature)28 Feb, 2007 By: Kenneth Wong
form.Z Joint Study Program helps one student create an innovative flashlight radio.
Some time during the Fall of 2005, Luke Johnson, a student at the University of Bridgeport (Bridgeport, Connecticut), dispatched a somewhat perplexing questionnaire to a handful of friends and relatives. The young man wanted to know if they were pleased with their emergency flashlight radios: which features they liked best, which they liked least and why. He'd also been ambushing random people on the streets with similar questions. At times, he could be seen wandering along the aisles of electronic stores, scrutinizing the differences among various brands of flashlight radios. But Johnson wasn't thinking of buying one; he was actually designing one quite unlike those that were already on the market (figure 1).
Figure 1. The Flare Storm flashlight radio.
Make a Radio
At the time, Johnson was taking the Senior Industrial Design Studio class (www.bridgeport.edu/art/industrial). His instructor was John Houlihan. The assignment for the semester was to make an emergency flashlight radio that was powered both by battery and by hand. Students were required to develop the concept in sketches then finalize it in a computer program of their choice. Johnson dubbed his device the Flare Storm.
Johnson also happened to be in the Intermediate form.Z class, so that software became his primary modeling tool. Robert Brainard teaches the form.Z class and said that the project eventually ceased to be homework for Johnson. "He started having fun with it," Brainard recalled. "It got to the point where he was working on it nonstop."
Brainard also is a fan of SolidWorks. "I see form.Z as a playground, a 3D sketchpad," he explained. "When I just want to throw some ideas around, that's the tool I go to. When I've narrowed the ideas down to one design direction, and I'm in the refinement stage, I tend to switch to SolidWorks."
Brainard, who teaches a studio course in addition to form.Z and SolidWorks courses, advocates a tight integration between design courses and CAD courses. "In my CAD class, I go beyond teaching the CAD software and point out the design problems," he said. "In the design studio, the instructor would be pointing out CAD issues along with the design issues." For the flashlight radio project, Brainard and Johnson tackled the first critical design consideration: Who would use the Flare Storm?
Power Play
"Most emergency radios are marketed to an older audience," Johnson pronounced as part of his discovery from his somewhat casual market study.
For the Flare Storm, Johnson said he chose "a younger audience, probably between the ages of 10 and 20." Keeping in mind his end users—teenagers stuck in a shelter with little or no distraction besides the emergency equipment around them—he decided to introduce playfulness to both the equipment itself as well as the manual powering method.
"I researched devices powered by squeezing, pumping and peddling," he said. "Eventually, I ended up with wheels as the charging mechanism." Setting aside devices inspired by pogo sticks and pushup exercise clutches, he settled on a design that resembled a Volkswagen Beetle (figure 2). "Since it would use the wheels to charge, I wanted to clearly communicate that to the user," he said. "So I adopted the vehicle shape."
Figure 2. Luke Johnson explored ideas for manually charging the emergency flashlight radio through pumping, pushing, squeezing and rotation.
Wheeling the device along a flat surface—something that can be done for amusement—would also generate power. "Think of children in an emergency situation—no power, no TV, no video game," Johnson's instructor Brainard said.
Having adopted the shape of a car, however, Johnson then had to struggle with an auto designer's headache: the fenders.
"I took my hand-drawn sketches and brought them into Adobe Illustrator to trace over the profile," Johnson said. "I was pretty adept with Illustrator, so I could get nice, clean curves easily. Once I got the ideal profile, I then exported it to form.Z." He then continued to develop the 2D profile into the desired 3D shape in form.Z.
Johnson said that his greatest challenge came when he got to the fenders above the front wheels. "I spent a lot of time trying to connect them to the main body and to blend them into one unit," he admitted. "I ended up creating them as NURBS [non-uniform rational B-spline] objects, extruding them right through the body, adjusting their radiuses, then trimming them off with some Boolean operations (figure 3)."
Figure 3. Several hexagons, each representing a basic section of the form, are arranged on an elliptical path to create the body (top left). Lines connect the corners of each hexagon with the adjacent hexagons to create a cage-like structure. The model is smoothed out with form.Z s skinning operation, which converts it into a NURBS object. Extruded cylinders are set up at the front and back of the body in preparation for more detailed operations to come (top right). The NURBS body is tweaked to adjust curvature, smooth out the rough spots and achieve symmetry. Separate bodies are joined using Boolean differences and additions. The tires and wheels are extruded and shaped with form.Z s editing tools (bottom left). More Boolean operations and blending are needed to join the surfaces. Then points on the surfaces are smoothed out further (bottom right) before final rendering.
Johnson anticipated that users might want to rotate the wheels with their fingers, as an alternative to pushing the device on the floor. As a reult, he included several finger cups in the Flare Storm's front wheels.
"During the modeling process, I discovered that I had not taken into account the depth necessary to get the finger inside the cup," he said. The shallowness of the cups would result in a user's finger constantly slipping out. "I had to go back, widen the body to accommodate slightly wider tires, then use the extra room to create deeper finger cups."
Ultimately, Johnson's Flare Storm won the Award of Distinction in Industrial Design for the form.Z 2006 Joint Study Program, an initiative by form.Z's maker auto•des•sys to support and subsidize the learning of the new digital tools in 3D modeling.
Kenneth Wong is a former editor of Cadence magazine. As a freelance writer, he explores innovative usage of technology and its implications. E-mail him at Kennethwongsf at earthlink.net.
About the Author: Kenneth Wong
For Mold Designers! Cadalyst has an area of our site focused on technologies and resources specific to the mold design professional. Sponsored by Siemens NX. Visit the Equipped Mold Designer here!
For Architects! Cadalyst has an area of our site focused on technologies and resources specific to the building design professional. Sponsored by HP. Visit the Equipped Architect here!


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As you might know, some of us at the Stockholm Resilience Centre are quite inspired by actor-network theory (ANT), an "infralanguage" to help us undermine the Nature/Culture (or Social/Ecological) dichotomy; a dichotomy that has divided academia for a long time, but which interdisciplinary institutes like SRC is trying to overcome. One of the key developers of ANT is coming to Stockholm, Bruno Latour, to give a lecture at the Nobel Museum entitled: "May Nature Be Recomposed? A Few Questions of Cosmopolitics" (The Neale Wheeler Watson lecture, Tuesday, 16-18).
In many ways, ANT is 'a way of writing' academic (ethnographic) accounts so as to treat humans and non-humans (including species, water currents, machines, documents etc.) in similar ways. A classic study is that of Callon (1986), in which a bunch of marine biologists strive to save the population of scallops by introducing controlled scallop production mobilizing both fishers, scallops, technology, and water currents (but they ultimately fails…).
In my own study of how a large green area of Stockholm got protected (and thus influenced the urban ecology of Stockholm), ANT inspired me to acknowledge that it was not only civil society activists that played a great role in managing to protect this green area, but also maps, buildings and species that got 'enrolled' into a protective story (Ernstson and Sörlin 2009). Others have used this in similar ways (e.g. Eden et al 1999). I believe more can certainly be done as we engage with this "infralanguage" (for instance how to understand the "politics of scale" in transformative change towards ecosystem management).
In his lecture, Bruno Latour will talk about "cosmopolitics". Most people would associate this term with that of being an internationalist, somebody with backgrounds in a lot places and nations, and with an open attitude to different cultures and the formation of new collectives. However, I suspect the talk will be about other types of collectives, those that stretch over the Nature/Culture divide, and that even prove that this divide is nothing more than an illusion (although a powerful illusion indeed).
An intrerpretation of what Latour and others (especially Isabelle Stengers, Cosmopolitiques, vol. 1) understand as cosmopolitics is a "politics of the cosmos" that leads to the recognition of new "collectives", a recognition that humans and non-humans are entangled and that we (the collective) need to respect this entanglement in order to live our lives. In our field of reserach, this idea has partly been captured in the concept "ecosystem services" (although in a more economistic fashion, see argument of a "social production of ecosystem services"; Ernstson, H., 2008, In Rhizomia. PhD Dissertation.Stockholm University, Stockholm.). Funny enough, and inspired by British geographers (Hinchcliffe, Whatmore et al 2005), I held series of lectures and a workshop with art and design students at the Stockholm School of Art and Design (Konstfack) on "Cosmopolitical Experiments", i.e. how can designs evoke a sense of recognizing our entanglement with these other-than-human citizens that share our planet.
To SRC and the broader field of social-ecological studies, ANT and similar attempts to undermine long held dichotomies that constrains our thoughts, methods and theories, are exciting to explore and engage.
PS. The lecture at Nobel Museum will be broadcasted after the lecture on Tuesday, 16-18.


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19th Century house with 17th chapel, some original features, ornate ceilings, countryside plot of 15 hectares, good condition, village location of Caminha, 1 hour from Porto, basement, walled garden, separate dining room, partly renovated in the 20th century. ASV284
Portugal's second city Porto, traditional Portugal at its finest without the crowds of Lisbon.
The rambling old town forms the heart of the city, with beautiful buildings adorned with tiles and sloping, cobbled streets. The Douro river underlines the city, with Vila Nova de Gaia just over the bridge.
While property close to the river has always proved popular, the centre is now being rediscovered by both tourists and property investors.
Porto has its own airport "Francisco Sa Carneiro". The airport is located 11 kilometres north of the centre of Porto.
The airport has excellent onward transport connections whether by bus, tram or car. It is connected to the city centre by the metro line with a regular service from 6.00 to 01.00.
Porto has quite moderate temperatures all throughout the year, making this an ideal place to visit at anytime.
Igreja de São Francisco – Far more than a Gothic church, the unique Baroque style interior design of the Igreja de São Francisco makes it the most prominent Gothic monument in the entire of Porto.
We recommend visiting the Igreja de São Francisco to witness the sheer extravagance of the church's ceiling, walls and altarpieces.
River cruising is the ideal way to admire the scenery of the Douro river. The Douro flows from Northern Central Spain to Porto and the region is truly enchanting.
These cruises will cater to all tastes and ensure that you experience the very best of this wonderful part of Portugal.
Ponte Luis 1 Bridge - One of the most iconic and recognisable structures in all of Porto, the Ponte Luis 1 Bridge offers visitors the most scenic views of both Porto and Vila Nova de Gaia.
If you choose to cross the river to Vila Nova de Gaia, there are plenty of port cellars that can be visited and toured.
The growing appeal of Porto as a weekend destination, thanks to cheap flights, is encouraging buyers to contemplate city life instead.
The surge in popularity Porto is currently experiencing is likely to continue, raising the demand for properties in the region.
Investing in property within Porto could be a wise move as property values are likely to soon increase.
A wide range of properties are available throughout the region of Porto. Close to the city centre you can expect to find a selection of smaller traditional houses and apartments available.
As you start to move away from the city centre and larger contemporary villas, modern apartment complexes with swimming pools and a plots of land become available.
Some of the most popular places to buy properties in Porto include the beach town of Foz do Douro, Vila Nova de Gaia and Aveiro and of course the city centre.


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Shay Park Victim Died Of Meth – October 15, 2010
Eye Staff Report
SHAY PARK – The traveler who was found dead in Jolly Giant Creek in Shay Park Sept. 23 died of a methamphetamine overdose, according to the Humboldt County Coroner's Office.
Dale Wayne Martin, 41, of Grants Pass, Ore., was discovered in Jolly Giant Creek. Pinpointing the time of death was not possible, according to Deputy Coroner Charlie Van Buskirk, since the water was cold and the area was shaded. Van Buskirk said Martin had been there for two to seven days.
Toxicology tests of a tissue sample returned a methamphetamine level of 5.9 mg/Kg, or 5.9 milligrams of meth per kilogram of body weight. Van Buskirk said 4.8 mg/Kg can be lethal.
In addition, small amounts of both alcohol and Orphenadrine, a muscle relaxant, were also present.
Van Buskirk said there was no evidence of trauma or injury. It is not known how Martin's body came to be in the creek location, which was surrounded by thick foliage.
Sadly, Van Buskirk said Martin had been headed to Southern California to reconcile with an estranged relative.


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Mycenaean - My first WAB army. Next time this army is used, it will employ more archers - not just the guys in the spear formation.
Norman. A small detachment of shortbow archers has been added, and should help missle fire on the move.Early Samurai. This army is suitable for individual skirmish type of games - maybe something out of Siege and Conquest.Macedonian/Successor. This is a core army that can swap out/add various options - anything from Imperial Macedonian to late-Successors. Early-Holy Roman Empire Clerical army led by the Archbishop of Cologne.


text: All about Cool Record Edit Pro. Cool Record Edit Pro helps you transfer tapes, LPs, live performances, Internet radio, TV, DVD, or any other sound source to your hard drive. The software helps protect your valuable recordings - just set the sound source, the recording quality, and volume, then start recording. The Editor allows you to perform various operations with audio data such as displaying a waveform image of an audio file, filtering, applying various audio effects and more. It includes a click and crackle filter for cleaning vinyl records, a noise filter for cassette-tape recordings, and an equalizer to enhance the sound quality of all recordings. Version 4.5 may include unspecified updates, enhancements, or bug fixes. Sound cool? Download Cool Record Edit Pro.


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The Voyager 1 & 2 spacecraft launched in 1977 with Plutonium as their source of electricity. 34 years later they claim these two spacecraft have enough power to last them until at least 2020. That means they'll have had enough power to last them at least 42 years. It obviously offers enough power to literally send transmissions across the entire solar system.
Why don't modern spacecraft use nuclear power if it offers such longevity and power? You would think that 34 years later we would have the technology to make this even more viable source of electricity then when the Voyagers were designed and built. The New Frontiers spacecraft seems like an excellent candidate for nuclear power.


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If you manage a senior living community, you're familiar with the ins and outs of move-ins and the challenges your clients may face when it comes to downsizing. The Junkluggers of Baltimore is here to lend a hand. Our friendly and professional team is reliable and highly-trained to help get rid of junk or any items your clients have decided to leave behind during their move.
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The Junkluggers of Baltimore is locally owned and operated, fully-insured, and committed to integrity every step of the way. Our team members are professionally trained and vetted, leaving your clients in good hands. Downsizing and transitioning can be a sensitive time, and our team makes sure to treat your clients' space and items with the care and respect they deserve.
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Presley leads WSU over Gonzaga, 57-51
SPOKANE, Wash. – Sophomore guard Tia Presley scored a game-high 15 points and freshman forward Mariah Cooks added 12 off the bench as Washington State posted a 57-51 victory over Gonzaga in front of a sold out crowd Saturday.
The Cougars improved to 4-7 overall after holding Gonzaga (10-4) to 25 percent shooting in the second half and forcing the Zags into 15 turnovers. Washington State received 20 points from its bench while Gonzaga went 7-of-17 at the free throw line.Presley leads WSU over Gonzaga, 57-51
Freshman guard Lia Galdeira brought down a team-high eight rebounds and notched 11 points while hitting three from behind the arc including a big one in the final seconds. Cooks recorded three rebounds while connecting on 6-of-8 free throw attempts including four in the final four minutes.
Gonzaga held the lead for most of the first half after recording runs of 11-0 and 9-0 to build a 26-12 advantage at the 5:57 mark. WSU settled in as Galdeira knocked down a pair of threes and the Cougars closed the half with a 6-0 spurt. Freshman guard Taylor Edmondson got things going with a layup and sophomore forward Shalie Dheensaw followed with a nice post move that resulted in a layin and Presley capped the half and cut the GU lead to 32-26 with a runner in the lane.
The Cougars started off the second half with another 6-0 spurt to tie things up at 32. Junior guard Brandi Thomas connected from the right baseline before Presley and senior center Carly Noyes each scored after grabbing rebounds.
Both teams traded buckets for the next minutes before Presley hit a three, junior forward Sage Romberg added her own three from the right wing and Presley made a steal and went coast-to-coast for a layin and a 42-37 WSU lead at the 12:23 mark.
Following a Gonzaga three, Galdeira made a play that silenced the crowd and sparked the Cougars. The Kamuela, Hawaii native grabbed a defensive rebound just outside the Gonzaga three-point line, turned and fired a pass on a line through a three Zag defenders and into the arms of a streaking Presley just inside the WSU three-point line, who finished the fast break with a layup.
Minutes later, Cooks hit a jumper to open up a seven point lead with 7:51 remaining. The Zags cut it to two after a couple free throws and bucket but Cooks hit two clutch free throws to keep it a four-point WSU advantage. Galdeira proved to be the closer in the final minute, hitting a long three with the shot clock about to expire and later hitting a pair of free throws.
Washington State opens Pac-12 Conference play next week, hosting the University of Arizona, Friday and Arizona State University, Sunday.


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Held: Albrechtis overruled. Pp. 3-16.
(a) Although most antitrust claims are analyzed under a "rule of reason," under which the court reviews a number of relevant factors, see, e. g., Arizona v. Maricopa County Medical Soc., 457 U.S. 332 , 342343, some types of restraints on trade have such predictable and pernicious anticompetitive effect, and such limited potential for procompetitive benefit, that they are deemed unlawful per se, see , e. g., Northern Pacific R. Co. v. United States , 356 U.S. 1 , 5. A review of this Court's pertinent decisions is relevant in assessing the continuing validity of the Albrecht per se rule. See, e. g., Kiefer-Stewart Co. v. Joseph E. Seagram & Sons, Inc., 340 U.S. 211 , 213 (maximum resale price fixing illegal per se); United States v. Arnold, Schwinn & Co. , 388 U.S. 365 , 379-380 (vertical nonprice restrictions illegal per se ); Continental T. V., Inc. v. GTE Sylvania Inc. , 433 U.S. 36 , 47-49, 5859 (overruling Schwinn ). A number of this Court's later decisions have hinted that Albrecht 's analytical underpinnings were substantially weakened by GTE Sylvania see, e. g., Maricopa County, supra, at 348, n. 18; 324 Liquor Corp. v. Duffy, 479 U.S. 335 , 341-342; Atlantic Richfield Co. v. USA Petroleum Co., 495 U.S. 328 , 335, n. 5, 343, n. 13-and there is a considerable body of scholarship discussing the procompetitive effects of vertical maximum price fixing. Pp. 3-9.
(b) Informed by the foregoing decisions and scholarship, and guided by the general view that the antitrust laws' primary purpose is to protect interbrand competition, see, e. g. , Business Electronics Corp. v. Sharp Electronics Corp. , 485 U.S. 717 , 726, and that condemnation of practices resulting in lower consumer prices is disfavored, Matsushita Elec. Industrial Co. v. Zenith Radio Corp. , 475 U.S. 574 , 594, this Court finds it difficult to maintain that verticallyimposed maximum prices could harm consumers or competition to the extent necessary to justify their per se invalidation Albrecht' s theoretical justifications for its per se rule-that vertical maximum price fixing could interfere with dealer freedom, restrict dealers' ability to offer consumers essential or desired services, channel distribution through large or specially-advantaged dealers, or disguise minimum price fixing schemes-have been abundantly criticized and can be appropriately recognized and punished under the rule of reason. Not only are they less serious than the Albrecht Court imagined, but other courts and antitrust scholars have noted that the per se rule could in fact exacerbate problems related to the unrestrained exercise of market power by monopolist-dealers. For these reasons, and because Albrecht is irrelevant to ongoing Sherman Act enforcement, see Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 , 777, and n. 25, and there are apparently no cases in which enforcement efforts have been directed solely against the conduct condemned in Albrecht, there is insufficient economic justification for the per se rule. Respondents' arguments in favor of the rule-that its elimination should require persuasive, expert testimony establishing that it has distorted the market, and that its retention is compelled by Toolson v. New York Yankees, Inc., 346 U.S. 356 , and Flood v. Kuhn, 407 U.S. 258 -are unavailing. Pp. 9-14.
(c) Albrecht does not deserve continuing respect under the doctrine of stare decisis . Stare decisis is not an inexorable command, particularly in the area of antitrust law, where there is a competing interest in recognizing and adapting to changed circumstances and the lessons of accumulated experience. See, e.g., National Soc. of Pro fessional Engineers v. United States, 435 U.S. 679 , 688. Accordingly, this Court has reconsidered its decisions construing the Sherman Act where, as here, the theoretical underpinnings of those decisions are called into serious question. See, e.g. , Continental T. V., Inc. v. GTE Sylvania Inc., 433 U.S. 36 . Because Albrecht has been widely criticized since its inception, and the views underlying it have been eroded by this Court's precedent, there is not much of that decision to salvage. See, e.g. , Neal v. United States , 516 U.S. 284 , 295. In overruling Albrecht , the Court does not hold that all vertical maximum price fixing is per se lawful, but simply that it should be evaluated under the rule of reason, which can effectively identify those situations in which it amounts to anticompetitive conduct. The question whether respondents are entitled to recover damages in light of this Court's overruling of Albrecht should be reviewed by the Court of Appeals in the first instance. Pp. 14-16.
93 F. 3d 1358, vacated and remanded.
O'CONNOR , J., delivered the opinion for a unanimous Court.
Under §1 of the Sherman Act, 26 Stat. 209, as amended, 15 U.S.C. 1 "[e]very contract, combination . . . , or conspiracy, in restraint of trade" is illegal. In Albrecht v. Herald Co. , 390 U.S. 145 (1968), this Court held that vertical maximum price fixing is a per se violation of that statute. In this case, we are asked to reconsider that decision in light of subsequent decisions of this Court. We conclude that Albrecht should be overruled.
About a year after respondents began operating the gas station, they fell behind in lease payments. State Oil then gave notice of its intent to terminate the agreement and commenced a state court proceeding to evict respondents. At State Oil's request, the state court appointed a receiver to operate the gas station. The receiver operated the station for several months without being subject to the price restraints in respondents' agreement with State Oil. According to respondents, the receiver obtained an overall profit margin in excess of 3.25 cents per gallon by lowering the price of regular-grade gasoline and raising the price of premium grades.
Respondents sued State Oil in the United States District Court for the Northern District of Illinois, alleging in part that State Oil had engaged in price fixing in violation of §1 of the Sherman Act by preventing respondents from raising or lowering retail gas prices. According to the complaint, but for the agreement with State Oil, respondents could have charged different prices based on the grades of gasoline, in the same way that the receiver had, thereby achieving increased sales and profits. State Oil responded that the agreement did not actually prevent respondents from setting gasoline prices, and that, in substance, respondents did not allege a violation of antitrust laws by their claim that State Oil's suggested retail price was not optimal.
The District Court found that the allegations in the complaint did not state a per se violation of the Sherman Act because they did not establish the sort of "manifestly anticompetitive implications or pernicious effect on competition" that would justify per se prohibition of State Oil's conduct. App. 43-44. Subsequently, in ruling on cross motions for summary judgment, the District Court concluded that respondents had failed to demonstrate antitrust injury or harm to competition. App. to Pet. for Cert. 37a. The District Court held that respondents had not shown that a difference in gasoline pricing would have increased the station's sales; nor had they shown that State Oil had market power or that its pricing provisions affected competition in a relevant market. Id. , at 37a, 40a. Accordingly, the District Court entered summary judgment for State Oil on respondents' Sherman Act claim. Id. , at 40a.
The Court of Appeals for the Seventh Circuit reversed. 93 F. 3d 1358 (1996). The court first noted that the agreement between respondents and State Oil did indeed fix maximum gasoline prices by making it "worthless" for respondents to exceed the suggested retail prices. Id. , at 1360. After reviewing legal and economic aspects of price fixing, the court concluded that State Oil's pricing scheme was a per se antitrust violation under Albrecht v. Herald Co. , supra . Although the Court of Appeals characterized Albrecht as "unsound when decided" and "inconsistent with later decisions" of this Court, it felt constrained to follow that decision. 93 F. 3d, at 1363. In light of Albrecht and Atlantic Richfield Co. v. USA Petroleum Co. , 495 U.S. 328 (1990) ( ARCO ) , the court found that respondents could have suffered antitrust injury from not being able to adjust gasoline prices.
We granted certiorari to consider two questions, whether State Oil's conduct constitutes a per se violation of the Sherman Act and whether respondents are entitled to recover damages based on that conduct. 519 U. S. ___ (1997).
Some types of restraints, however, have such predictable and pernicious anticompetitive effect, and such limited potential for procompetitive benefit, that they are deemed unlawful per se . Northern Pacific R. Co. v. United States , 356 U.S. 1 , 5 (1958). Per se treatment is appropriate "[o]nce experience with a particular kind of restraint enables the Court to predict with confidence that the rule of reason will condemn it." Maricopa County , supra, at 344; see also Broadcast Music, Inc. v. Columbia Broadcasting System, Inc., 441 U.S. 1 , 19, n. 33 (1979). Thus, we have expressed reluctance to adopt per se rules with regard to "restraints imposed in the context of business relationships where the economic impact of certain practices is not immediately obvious." FTC v. Indiana Federation of Dentists, 476 U.S. 447 , 458-459 (1986).
A review of this Court's decisions leading up to and beyond Albrecht is relevant to our assessment of the continuing validity of the per se rule established in Albrecht . Beginning with Dr. Miles Medical Co. v. John D. Park & Sons Co. , 220 U.S. 373 (1911), the Court recognized the illegality of agreements under which manufacturers or suppliers set the minimum resale prices to be charged by their distributors. By 1940, the Court broadly declared all business combinations "formed for the purpose and with the effect of raising, depressing, fixing, pegging, or stabilizing the price of a commodity in interstate or foreign commerce" illegal per se . United States v. Socony-Vacuum Oil Co., 310 U.S. 150 , 223 (1940). Accordingly, the Court condemned an agreement between two affiliated liquor distillers to limit the maximum price charged by retailers in Kiefer-Stewart Co. v. Joseph E. Seagram & Sons, Inc., 340 U.S. 211 (1951), noting that agreements to fix maximum prices, "no less than those to fix minimum prices, cripple the freedom of traders and thereby restrain their ability to sell in accordance with their own judgment." Id. , at 213.
In subsequent cases, the Court's attention turned to arrangements through which suppliers imposed restrictions on dealers with respect to matters other than resale price. In White Motor Co. v. United States, 372 U.S. 253 (1963), the Court considered the validity of a manufacturer's assignment of exclusive territories to its distributors and dealers. The Court determined that too little was known about the competitive impact of such vertical limitations to warrant treating them as per se unlawful. Id. , at 263. Four years later, in United States v. Arnold, Schwinn & Co. , 388 U.S. 365 (1967), the Court reconsidered the status of exclusive dealer territories and held that, upon the transfer of title to goods to a distributor, a supplier's imposition of territorial restrictions on the distributor was "so obviously destructive of competition" as to constitute a per se violation of the Sherman Act. Id. , at 379. In Schwinn , the Court acknowledged that some vertical restrictions, such as the conferral of territorial rights or franchises, could have procompetitive benefits by allowing smaller enterprises to compete, and that such restrictions might avert vertical integration in the distribution process. Id. , at 379-380. The Court drew the line, however, at permitting manufacturers to control product marketing once dominion over the goods had passed to dealers. Id. , at 380. Albrecht , decided the following Term, involved a newspaper publisher who had granted exclusive territories to independent carriers subject to their adherence to a maximum price on resale of the newspapers to the public. Influenced by its decisions in Socony-Vacuum , KieferStewart , and Schwinn , the Court concluded that it was per se unlawful for the publisher to fix the maximum resale price of its newspapers. 390 U. S., at 152-154. The Court acknowledged that "[m]aximum and minimum price fixing may have different consequences in many situations," but nonetheless condemned maximum price fixing for "substituting the perhaps erroneous judgment of a seller for the forces of the competitive market." Id. , at 152. Albrecht was animated in part by the fear that vertical maximum price fixing could allow suppliers to discriminate against certain dealers, restrict the services that dealers could afford to offer customers, or disguise minimum price fixing schemes. Id. , at 152-153. The Court rejected the notion (both on the record of that case and in the abstract) that, because the newspaper publisher "granted exclusive territories, a price ceiling was necessary to protect the public from price gouging by dealers who had monopoly power in their own territories." Id. , at 153.
In a vigorous dissent, Justice Harlan asserted that the majority had erred in equating the effects of maximum and minimum price fixing. Id. , at 156-168 (Harlan, J., dissenting). Justice Harlan pointed out that, because the majority was establishing a per se rule, the proper inquiry was "not whether dictation of maximum prices is ever illegal, but whether it is always illegal." Id. , at 165-166. He also faulted the majority for conclusively listing "certain unfortunate consequences that maximum price dictation might have in other cases," even as it rejected evidence that the publisher's practice of fixing maximum prices counteracted potentially anticompetitive actions by its distributors. Id ., at 165. Justice Stewart also dissented, asserting that the publisher's maximum price fixing scheme should be properly viewed as promoting competition, because it protected consumers from dealers such as Albrecht, who, as "the only person who could sell for home delivery the city's only daily morning newspaper," was "a monopolist within his own territory." Id. , at 168 (Stewart, J., dissenting).
Nine years later, in Continental T. V., Inc. v. GTE Sylvania Inc. , 433 U.S. 36 (1977), the Court overruled Schwinn , thereby rejecting application of a per se rule in the context of vertical nonprice restrictions. The Court acknowledged the principle of stare decisis , but explained that the need for clarification in the law justified reconsideration of Schwinn :
"Since its announcement, Schwinn has been the subject of continuing controversy and confusion, both in the scholarly journals and in the federal courts. The great weight of scholarly opinion has been critical of the decision, and a number of the federal courts confronted with analogous vertical restrictions have sought to limit its reach. In our view, the experience of the past 10 years should be brought to bear on this subject of considerable commercial importance."
433 U. S., at 47-49 (footnotes omitted).
The Court considered the historical context of Schwinn , noting that Schwinn 's per se rule against vertical nonprice restrictions came only four years after the Court had refused to endorse a similar rule in White Motor Co. , and that the decision neither explained the "sudden change in position," nor referred to the accepted requirements for per se violations set forth in Northern Pacific R. Co., 433 U. S., at 51-52. The Court then reviewed scholarly works sup porting the economic utility of vertical nonprice restraints. See id. , at 54-57 (citing, e.g. , Posner, Antitrust Policy and the Supreme Court: An Analysis of the Restricted Distribution, Horizontal Merger and Potential Competition Decisions, 75 Colum. L. Rev. 282 (1975); Preston, Restrictive Distribution Arrangements: Economic Analysis and Public Policy Standards, 30 Law & Contemp. Prob. 506 (1965)). The Court concluded that, because "departure from the rule-of-reason standard must be based upon demonstrable economic effect rather than-as in Schwinn upon formalistic line drawing," the appropriate course would be "to return to the rule of reason that governed vertical restrictions prior to Schwinn ." GTE Sylvania, supra , at 58-59.
In GTE Sylvania , the Court declined to comment on Albrecht 's per se treatment of vertical maximum price restrictions, noting that the issue "involve[d] significantly different questions of analysis and policy." 433 U. S., at 51, n. 18. Subsequent decisions of the Court, however, have hinted that the analytical underpinnings of Albrecht were substantially weakened by GTE Sylvania . We noted in Maricopa County that vertical restraints are generally more defensible than horizontal restraints. See 457 U. S., at 348, n. 18. And we explained in 324 Liquor Corp. v. Duffy, 479 U.S. 335 , 341-342 (1987), that decisions such as GTE Sylvania "recognize the possibility that a vertical restraint imposed by a single manufacturer or wholesaler may stimulate interbrand competition even as it reduces intrabrand competition."
Most recently, in ARCO , 495 U.S. 328 (1990), although Albrecht's continuing validity was not squarely before the Court, some disfavor with that decision was signaled by our statement that we would "assume, arguendo , that Albrecht correctly held that vertical, maximum price fixing is subject to the per se rule." 495 U. S., at 335, n. 5. More significantly, we specifically acknowledged that vertical maximum price fixing "may have procompetitive inter brand effects," and pointed out that, in the wake of GTE Sylvania , "[t]he procompetitive potential of a vertical maximum price restraint is more evident . . . than it was when Albrecht was decided, because exclusive territorial arrangements and other nonprice restrictions were unlawful per se in 1968." 495 U. S., at 343, n. 13 (citing several commentators identifying procompetitive effects of vertical maximum price fixing, including, e.g. , P. Areeda & H. Hovenkamp, Antitrust Law #266340.30b, p. 378, n. 24 (1988 Supp.); Blair & Harrison, Rethinking Antitrust Injury, 42 Vand. L. Rev. 1539, 1553 (1989); Easterbrook, Maximum Price Fixing, 48 U. Chi. L. Rev. 886, 887-890 (1981)).
So informed, we find it difficult to maintain that vertically-imposed maximum prices could harm consumers or competition to the extent necessary to justify their per se invalidation. As Chief Judge Posner wrote for the Court of Appeals in this case:
"As for maximum resale price fixing, unless the supplier is a monopsonist he cannot squeeze his dealers' margins below a competitive level; the attempt to do so would just drive the dealers into the arms of a competing supplier. A supplier might, however, fix a maximum resale price in order to prevent his dealers from exploiting a monopoly position. . . . [S]uppose that State Oil, perhaps to encourage . . . dealer serv- ices . . . has spaced its dealers sufficiently far apart to limit competition among them (or even given each of them an exclusive territory); and suppose further that Union 76 is a sufficiently distinctive and popular brand to give the dealers in it at least a modicum of monopoly power. Then State Oil might want to place a ceiling on the dealers' resale prices in order to pre- vent them from exploiting that monopoly power fully. It would do this not out of disinterested malice, but in its commercial self-interest. The higher the price at which gasoline is resold, the smaller the volume sold, and so the lower the profit to the supplier if the higher profit per gallon at the higher price is being snared by the dealer."93 F. 3d, at 1362. See also R. Bork, The Antitrust Paradox 281-282 (1978) ("There could, of course, be no anticonsumer effect from [the type of price fixing considered in Albrecht ], and one suspects that the paper has a legitimate interest in keeping subscriber prices down in order to increase circulation and maximize revenues from advertising"). We recognize that the Albrecht decision presented a number of theoretical justifications for a per se rule against vertical maximum price fixing. But criticism of those premises abounds. The Albrecht decision was grounded in the fear that maximum price fixing by suppliers could interfere with dealer freedom. 390 U. S., at 152. In response, as one commentator has pointed out, "the ban on maximum resale price limitations declared in Albrecht in the name of 'dealer freedom' has actually prompted many suppliers to integrate forward into distribution, thus eliminating the very independent trader for whom Albrecht professed solicitude." 7 P. Areeda, Antitrust Law, #2661635, p. 395 (1989). For example, integration in the newspaper industry since Albrecht has given rise to litigation between independent distributors and publishers. See P. Areeda & H. Hovenkamp, Antitrust Law #266729.7, pp. 599-614 (1996 Supp.).
The Albrecht Court also expressed the concern that maximum prices may be set too low for dealers to offer consumers essential or desired services. 390 U. S., at 152153. But such conduct, by driving away customers, would seem likely to harm manufacturers as well as dealers and consumers, making it unlikely that a supplier would set such a price as a matter of business judgment. See, e.g. , Lopatka, Stephen Breyer and Modern Antitrust: A Snug Fit, 40 Antitrust Bull. 1, 60 (1995); Blair & Lang, Albrecht After ARCO : Maximum Resale Price Fixing Moves Toward the Rule of Reason, 44 Vand. L. Rev. 1007, 1034 (1991). In addition, Albrecht noted that vertical maximum price fixing could effectively channel distribution through large or specially-advantaged dealers. 390 U. S., at 153. It is unclear, however, that a supplier would profit from limiting its market by excluding potential dealers. See, e.g. , Easterbrook, supra , at 905-908. Further, although vertical maximum price fixing might limit the viability of inefficient dealers, that consequence is not necessarily harmful to competition and consumers. See, e.g. , Easterbrook, supra , at 907; Lopatka, supra , at 60.
Finally, Albrecht reflected the Court's fear that maximum price fixing could be used to disguise arrangements to fix minimum prices, 390 U. S., at 153, which remain illegal per se . Although we have acknowledged the possibility that maximum pricing might mask minimum pricing, see Maricopa County , 457 U. S., at 348, we believe that such conduct-as with the other concerns articulated in Albrecht can be appropriately recognized and punished under the rule of reason. See, e.g. , Easterbrook, 48 U. Chi. L. Rev., at 901-904; see also Pitofsky, In Defense of Discounters: The No-Frills Case for a Per Se Rule Against Vertical Price Fixing, 71 Geo. L. J. 1487, 1490, n. 17 (1983).
Not only are the potential injuries cited in Albrecht less serious than the Court imagined, the per se rule established therein could in fact exacerbate problems related to the unrestrained exercise of market power by monopolistdealers. Indeed, both courts and antitrust scholars have noted that Albrecht' s rule may actually harm consumers and manufacturers. See, e.g. , Caribe BMW, Inc. v. Bayerische Motoren Werke Aktiengesellschaft , 19 F. 3d 745, 753 (CA1 1994) (Breyer, C. J.); Areeda, supra , #2661636a, at 395; G. Mathewson & R. Winter, Competition Policy and Vertical Exchange 13-14 (1985). Other commentators have also explained that Albrecht' s per se rule has even more potential for deleterious effect on competition after our decision in GTE Sylvania , because, now that vertical nonprice restrictions are not unlawful per se , the likelihood of dealer monopoly power is increased. See, e.g. , Easterbrook, supra , at 890, n. 20; see also ARCO , 495 U. S., at 343, n. 13. We do not intend to suggest that dealers generally possess sufficient market power to exploit a monopoly situation. Such retail market power may in fact be uncommon. See, e.g. , Business Electronics , 485 U. S., at 727, n. 2; GTE Sylvania , 433 U. S., at 54. Nor do we hold that a ban on vertical maximum price fixing inevitably has anticompetitive consequences in the exclusive dealer context.
After reconsidering Albrecht' s rationale and the substantial criticism the decision has received, however, we conclude that there is insufficient economic justification for per se invalidation of vertical maximum price fixing. That is so not only because it is difficult to accept the assumptions underlying Albrecht , but also because Albrecht has little or no relevance to ongoing enforcement of the Sherman Act. See Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 , 777, and n. 25 (1984). Moreover, neither the parties nor any of the amici curiae have called our attention to any cases in which enforcement efforts have been directed solely against the conduct encompassed by Albrecht 's per se rule.
Respondents argue that reconsideration of Albrecht should require "persuasive, expert testimony establishing that the per se rule has distorted the market." Brief for Respondents 7. Their reasoning ignores the fact that Albrecht itself relied solely upon hypothetical effects of vertical maximum price fixing. Further, Albrech t ' s dire predictions have not been borne out, even though manufacturers and suppliers appear to have fashioned schemes to get around the per se rule against vertical maximum price fixing. In these circumstances, it is the retention of the rule of Albrecht , and not, as respondents would have it, the rule's elimination, that lacks adequate justification. See, e.g. , GTE Sylvania, supra, at 58-59.
Respondents' reliance on Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953) (per curiam) , and Flood v. Kuhn, 407 U.S. 258 (1972), is similarly misplaced, because those decisions are clearly inapposite, having to do with the antitrust exemption for professional baseball, which this Court has described as "an aberration . . . rest[ing] on a recognition and an acceptance of baseball's unique characteristics and needs," id. , at 282. In the context of this case, we infer little meaning from the fact that Congress has not reacted legislatively to Albrecht . In any event, the history of various legislative proposals regarding price fixing seems neither clearly to support nor to denounce the per se rule of Albrecht . Respondents are of course free to seek legislative protection from gasoline suppliers of the sort embodied in the Petroleum Marketing Practices Act, 92 Stat. 322, 15 U.S.C. 2801 et seq . For the reasons we have noted, however, the remedy for respondents' dispute with State Oil should not come in the form of a per se rule affecting the conduct of the entire marketplace.
We approach the reconsideration of decisions of this Court with the utmost caution. Stare decisis reflects "a policy judgment that 'in most matters it is more important that the applicable rule of law be settled than that it be settled right.' " Agostini v. Felton , 521 U. S. ___, ___ (1997) (slip op., at 29) (quoting Burnet v. Coronado Oil & Gas Co., 285 U.S. 393 , 406 (1932) (Brandeis, J., dissenting)). It "is the preferred course because it promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process." Payne v. Tennessee, 501 U.S. 808 , 827 (1991). This Court has expressed its reluctance to overrule decisions involving statutory interpretation, see, e.g. , Illinois Brick Co. v. Illinois , 431 U.S. 720 , 736 (1977), and has acknowledged that stare decisis concerns are at their acme in cases involving property and contract rights, see, e.g. , Payne, 501 U. S., at 828. Both of those concerns are arguably relevant in this case.
But " [s]tare decisis is not an inexorable command." Ibid . In the area of antitrust law, there is a competing interest, well-represented in this Court's decisions, in recognizing and adapting to changed circumstances and the lessons of accumulated experience. Thus, the general presumption that legislative changes should be left to Congress has less force with respect to the Sherman Act in light of the accepted view that Congress "expected the courts to give shape to the statute's broad mandate by drawing on common-law tradition." National Soc. of Professional Engineers v. United States, 435 U.S. 679 , 688 (1978). As we have explained, the term "restraint of trade," as used in §1, also "invokes the common law itself, and not merely the static content that the common law had assigned to the term in 1890." Business Electronics , 485 U. S., at 732; see also GTE Sylvania , 433 U. S., at 53, n. 21; McNally v. United States, 483 U.S. 350 , 372-373 (1987) (STEVENS , J., dissenting). Accordingly, this Court has reconsidered its decisions construing the Sherman Act when the theoretical underpinnings of those decisions are called into serious question. See, e.g. , Copperweld Corp. , supra , at 777; GTE Sylvania, supra, at 47-49; Tigner v. Texas , 310 U.S. 141 , 147 (1940).
Although we do not "lightly assume that the economic realities underlying earlier decisions have changed, or that earlier judicial perceptions of those realities were in error," we have noted that "different sorts of agreements" may amount to restraints of trade "in varying times and circumstances," and "[i]t would make no sense to create out of the single term 'restraint of trade' a chronologically schizoid statute, in which a 'rule of reason' evolves with new circumstances and new wisdom, but a line of per se illegality remains forever fixed where it was." Business Electronics, supra, at 731-732. Just as Schwinn was "the subject of continuing controversy and confusion" under the "great weight" of scholarly criticism, GTE Sylvania, supra, at 47-48, Albrecht has been widely criticized since its inception. With the views underlying Albrecht eroded by this Court's precedent, there is not much of that decision to salvage. See, e.g. , Neal v. United States , 516 U.S. 284 , 295 (1996); Patterson v. McLean Credit Union, 491 U.S. 164 , 173 (1989); Rodriguez de Quijas v. Shearson/ American Express, Inc., 490 U.S. 477 , 480-481 (1989).
Although the rule of Albrecht has been in effect for some time, the inquiry we must undertake requires considering " 'the effect of the antitrust laws upon vertical distributional restraints in the American economy today.' " GTE Sylvania, supra, at 53, n. 21 (quoting Schwinn , 388 U. S., at 392 (Stewart, J., concurring in part and dissenting in part)). As the Court noted in ARCO , 495 U. S., at 336, n. 6, there has not been another case since Albrecht in which this Court has "confronted an unadulterated vertical, maximum-price-fixing arrangement." Now that we confront Albrecht directly, we find its conceptual foundations gravely weakened.
In overruling Albrecht , we of course do not hold that all vertical maximum price fixing is per se lawful. Instead, vertical maximum price fixing, like the majority of commercial arrangements subject to the antitrust laws, should be evaluated under the rule of reason. In our view, ruleof-reason analysis will effectively identify those situations in which vertical maximum price fixing amounts to anticompetitive conduct.
There remains the question whether respondents are entitled to recover damages based on State Oil's conduct. Although the Court of Appeals noted that "the district judge was right to conclude that if the rule of reason is applicable, Khan loses," 93 F. 3d, at 1362, its consideration of this case was necessarily premised on Albrecht 's per se rule. Under the circumstances, the matter should be reviewed by the Court of Appeals in the first instance. We therefore vacate the judgment of the Court of Appeals and remand the case for further proceedings consistent with this opinion.
It is so ordered.
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Citation: 522 U.S. 3
Docket No: No. 96-871
Argued: October 07, 1997
Decided: November 04, 1997
Court: United States Supreme Court
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text:
Story highlights
30-story wooden building planned for Vancouver
Structure would not use concrete or steel
Wood-only buildings can be more eco-friendly
Potential to build higher than 100 meters, believes architect Michael Green
Instead of concrete jungles could our cities become urban forests of wooden skyscrapers?
Swapping cement and steel for timber is the vision of a number of environmentally-minded architects who are planning high-rise buildings across the world.
Architect Michael Green has plans for a 30-story wooden skyscraper in Vancouver, while plans are afoot in Norway and Austria for 17- and 20-story buildings that use wood as the main building material, eschewing steel and concrete.
"We think we can go higher than 30 stories," says Green. "We stopped exploring wood around 100 years ago (with the advent of steel and concrete); now we're looking at a whole new system using mass timber products."
Green says that the modern wood materials have been around for around 20 years, but until recently they've been quite niche or used only in low-rise buildings. What has changed is the way in which architects and builders are thinking about using wood.
"The real change came when we started thinking about climate change. Steel and concrete are great but not environmentally friendly," he says.
Cutting down trees to make buildings doesn't immediately sound eco-friendly either, but if sourced from sustainably managed forests (like those in Europe and North America), it can be more environmentally sensitive.
Wood buildings lock in carbon dioxide for the life cycle of a structure, while the manufacture of steel and concrete produces large amounts of CO2 – the International Energy Agency (IEA) estimate that for every 10 kilos of cement created, six to nine kilos of CO2 are produced.
Green's "Tallwood" structure is designed with large panels of laminated strand lumber – a composite made of strands of wood glued together. Other mass timber products use layers of wood fused together at right angels that making they immensely strong and able to be used as lode bearing infrastructure, walls and floors.
Despite being made of wood any worries about towering infernos should be banished, says Green, as large timber performs well in fires with a layer of char insulating the structural wood beneath.
"It may sound counter-intuitive, but performing well in a fire is something inherent in large piece of wood, that's why in forest fires the trees that survive are the largest ones," he says.
Currently one of the highest modern wooden buildings is in London. Called the Stadthaus, Murray Grove, it's a nine-story residential building that stands at just under 30 meters (98 feet). Even the lift shafts and stairwells are made from wood.
"It's under 30 meters because over that UK regulations say that sprinklers have to be installed and other regulations come in to play," says Craig Liddell, commercial director of KLH UK the company that developed the cross-laminated timber for the building.
Liddell thinks that 15 stories is possible before having to use other materials like steel but says that building codes are one of the main reasons we haven't seen more tall wooden buildings, "and more recently the economic downturn," he adds.
The cross-laminated timber used on the Stadthaus is classified as air-tight, making it one of London's most energy efficient buildings. As a pre-fabricated structure it also took less time to construct and was cheaper than a conventional steel and concrete building, says Liddell.
For all the eco-credentials ultimately buildings are erected because of a strong bottom line.
"For the idea of tall wooden buildings to be viable they have to be cost effective," says Green.
"We can show that wood structures are dollar for dollar or cheaper compared to other buildings."
Beyond that Green believes it's about thinking big.
"Really we're at the stage where we're able to start to show what's possible, a bit like that Eiffel Tower moment. That was built when no one was used or understood tall structures, but it showed what could be done and just as importantly stretched the imagination."


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- 01/2014
- NEWS [English Version] (2014)
- Content: Regional Activities: Looking Back on Five Years of RADOST; RADOST Final Conference Takes Stock, Looks Ahead; Looking Back: Comments on RADOST; Bay of Kiel Climate Alliance Seeks to Make the Region a Climate Conscious Vacation Destination; What's Next after RADOST? New Web Tool: "Northern German Climate Monitor"; International Activities: RADOST at the European Maritime Day; Contributions wanted for ECCA Conference 2015; Publications: Communicating Adaptation to Regional Climate Change Impacts; New RADOST reports; Third Special Edition of "Coastal & Marine"


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Even though Morsi has only been in power for a few months, there are already strong signs a partnership with Turkey is forming, evidenced by a common effort to end Syria's civil war by urging the exit of President Bashar Assad from power.
Earlier this month, Turkish Foreign Minister Ahmet Davutoglu visited the Egyptian capital Cairo and pledged $2 billion in aid to boost confidence in an economy badly battered by a tourism slump, strikes and ongoing protests since the fall of authoritarian leader Hosni Mubarak in an uprising last year.
During the 12-hour visit, Morsi will try to strengthen economic ties with Turkey - a country his Muslim Brotherhood group views as an Islamist success story, mixing a strong economy with Western ties and Islamic piety.
Turkey, a NATO member with a mostly Muslim, but not Arab, population, has been touted as a democratic model for Egypt and other Arab countries swept up in popular revolts over the past two years.
After initially looking to the Turkish ruling party as a role model, the Islamic fundamentalist Brotherhood in Egypt has cooled to the idea because of Turkey's strong secular leanings. Morsi and the Brotherhood, on the contrary, have been criticized by their opponents for pushing a more conservative Islamist line, particularly in drafting the country's new constitution.
"Before the revolution, we saw (Turkish Prime Minister Recep Tayyip) Erdogan's regime ... as a successful model that can be emulated," said Dina Zakaria, a member of the foreign relations committee of the Muslim Brotherhood's Freedom and Justice Party. "But can it be with all its details and can it all suit Egyptian society? Of course not."
Turkish officials and media have voiced enthusiasm for the relationship with Cairo after the uprising. Turkish President Abdullah Gul was the first foreign leader to visit Egypt after Mubarak stepped down on Feb. 11, 2011, meeting with both the largely liberal and secular youth groups that spearheaded the pro-democracy revolt as well as with generals from the ruling military council who took over from Mubarak and then eventually transferred power to the democratically elected Morsi.
Erdogan got a warm welcome in Cairo last year, with crowds of Brotherhood supporters lining the airport road upon his arrival, some of them carrying banners reading: "Erdogan is a hero."
Erdogan has encouraged Egypt to mimic the Turkish model of governance.
But Zakaria said that after frequent visits to Turkey and meetings with different groups there, she is convinced Egyptian society would not accept Turkey's secular constitution.
Many in conservative Egypt equate the term secularism with "anti-Islam." As efforts to draft the country's constitution are marred by disputes over what many liberals perceive as overtly Islamist clauses in the charter, Zakaria ruled out drawing inspiration from the Turkish constitution.
"Their constitution won't work here in Egypt," she said. "There are things Egyptian people won't accept," she added, referring mainly to the separation of religion and he state.
One of the founding principles of Turkey's constitution is that it is a secular democracy, something that contradicts Egypt's old constitution, and is not even considered in the writing of the new charter. Debate remains in Egypt over whether to keep the current charter, which cites the principles of Islamic law as the basis of legislation, or to harden it to include a reference to specific Islamic laws which would guide all legislation.
But when it comes to foreign affairs and economics, there is much that Egypt can gain from Turkey's experience, Zakaria said.
Certainly on the international stage, Cairo and Ankara have much in common. Both want Assad of Syria to quit and Iran, his ally, to stay out of the civil war there. Ankara and Cairo have teamed as part of a regional initiative to try to solve the Syrian crisis, an effort that could form a strong foundation of future cooperation.
"Turkey couldn't do anything alone when it comes to Syria. One hand alone won't clap," Zakaria said. "What is clear now is that the two countries need to have strong relations because we have serious regional problems and we need each other."
Mustafa Ellabbad, an Egyptian expert on Turkish relations, said Turkey wants an Arab partner in its bid for regional influence in the Middle East and its affiliation with the Brotherhood would serve as a foundation for a moderate Islamist alliance. The Brotherhood, in return, looks to Turkey for assistance as a bridge to the West. But for some of Egypt's more radical Islamists, "the Turkish model doesn't even deserve to be labeled Islamic," Ellabbad said.
But Morsi could turn to Turkey for help on other domestic issues, chief among them the economy. He has already visited Saudi Arabia, Ethiopia, China, Iran, Italy and Belgium before his recent trip to New York, where he addressed the U.N. General Assembly. His frequent travels have raised criticism that he is paying more attention to foreign policy issues than domestic problems. However, the economic issues appear high on the agenda on most of his foreign trips.
"The economic portfolio is certainly one of the most important ones between Egypt and Turkey," Yasser Ali, the presidential spokesman, said Saturday.
Egypt's economy is faltering under the weight of shrinking foreign investment and numerous labor strikes demanding better wages and representation in state-owned companies. The political system remains far from stable, and a referendum on a new constitution and new parliamentary elections that will follow that will test the performance of the Brotherhood's Islamist politics.
This is where Morsi may turn to Turkey for inspiration.
Erdogan's Justice and Development Party, or AKP, has had an extraordinary record of electoral success and longevity, coming to power in 2002 amid economic hardship and a fractured political landscape, and then comfortably winning general elections again in 2007 and 2011.
Zakaria could not confirm local media reports that the AKP provided assistance to the Brotherhood's political party ahead of Egypt's parliamentary elections last year. Brotherhood officials told Egyptian media that the party's local branch in Alexandria, Egypt's second largest city, signed a partnership deal with the AKP in Istanbul, ahead of last winter's parliamentary elections.
Morsi is also expected to attend the annual congress of Turkey's ruling Justice and Development Party, a first for an Egyptian leader, and is invited to attend an economic forum organized by the Turkish chamber of commerce on Sunday.
Hassan Malek, a prominent businessman from the Muslim Brotherhood traveling to Turkey with Morsi, said there is much that Egypt can learn from Turkey in the fields of manufacturing, industry and trade zones. He said Egypt could particularly benefit in the fields of manufacturing apparel, and electronics.
Egypt's Minister of Economic Cooperation Ashraf el-Araby told local media that a committee at the level of prime ministers will be formed to push economic cooperation, including opening the African market for both countries. Trade between the two countries has already reached $3.8 billion in the first nine months of 2012, a 27 percent increase compared to the same period last year, said Turkey's ambassador to Egypt Hussein Awny. He estimated the figure could rise to reach $5 billion by the end of the year.
"It is not hidden that there is a meeting of minds. Geographically we are close, we have similar visions," Malek said. "This is a new opportunity. There are many things in the Turkish experience we can transfer and benefit from. But we can't copy everything."


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Please note: This kit does not fit the new "3D Map Generator 2 – Isometric"!
Build roads like a toy race track! The "Map Icons und Elements – River and Road Kit" set contains 43 high quality basic icons. In addition there are also 21 additional icons.
The set is optimized for all 3D MAP GENERATORs and can with the Map Icons and Elements – V.1 and the Map Icons and Elements – V.2 be combined!
One single PSD contains all basic icons and elements. Some icons have one object layer and one shadow layer. So the shadow can be shown or made invisible as needed or its intensity can be regulated.
These icons and elements are not only suitable for designing every map of our 3D MAP GENERATORs, they can also be used for game design, presentations, info graphics, designing web and mobile applications, portfolio websites, GUI design or Mobile Phone Applications!
Customer example
Check out Dani Marti´s Experiment with our 3D Map Generator and Icons!
- 66 pre-made Icons as transparent PNG files
- PSD containing all icons with every described setting option
incl.: asphalt, path, river, bridges, stones, residence, hotel, shop, hospital, woods, hill, tent, golf, clouds, sun, lake


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Any person using information contained in any webpage to commit a criminal act against another person is subject to criminal prosecution.
You can view a list of Sex Offenders with addresses that are in Cedar Hill, Texas with a 75104 zip code using the DPS link below and a boundary map (PDF) showing where registered sex offenders may not establish residency. Cedar Hill has residency restrictions for each person required to register on the DPS sex offender database because of a conviction involving a victim who less than 17 years of age. It is unlawful for that person to establish a permanent or temporary residence within one 1000 feet of any premises where children commonly gather. It includes public parks and playgrounds, public swimming pools. day care centers, public recreation center or a public library.
An interactive website is provided by the Texas Department of Public Safety. This site allows users to search for registered sex offenders using a variety of parameters including name, zip code, address and county. The site features functions which allow the user to view photographs of the registered sex offenders as well map addresses.
Go to the Texas DPS website.


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6 Inch Curved Wooden Track - 4 Pieces
6 inch wooden curved train track compatible with Thomas the Train, Brio Wooden Train Sets and more.
Code: 50905
Manufacture: Maxim Enterprise
Qty in Basket: None
Original Price: $8.00
Sale Price: $5.99
6 inch Wooden Curved Train Track - Maxim Enterprise
This 4 piece set of wooden curved train tracks are essential to the basic train track layout / design as well as the more complicated ones. Each track piece is approximately 6 inches long, with groves on both sides which allow for either right hand or left hand turns. 8 curves form a complete 18" circle.
These wooden track pieces are compatible with:


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The English Version of the Polyglot Bible Containing the Old and New Testaments: With a Copious and Original Selection of References to Parallel and Illustrative Passages
Samuel Bagster and Sons, 1850 - 790 pages
Selected pages
Other editions - View all
The English Version of the Polyglot Bible: Containing the Old and New ...
No preview available - 1850
Common terms and phrases
Aaron according altar answered Assyria behold blessed blood brethren bring brought burnt called cause chap CHAPTER children of Israel commanded congregation daughter David death deliver destroy dwell earth Egypt enemies evil eyes face families father fear fire five gave give given gold hand hath head hear heard heart heaven holy host hundred inheritance Jerusalem Joshua Judah keep king king's land Levites live LORD thy month Moses mouth offering pass peace Philistines pray priest PSALM reigned returned Saul saying sent seven side sight Solomon sons soul spake unto speak stones tabernacle thee thereof thine thing thou hast thou shalt thousand thy servant took tribe turned twenty unto the LORD unto thee verse voice wife
Popular passages
Page 9 - And they said : Go to, let us build us a city and a tower, whose top may reach unto heaven, and let us make us a name, lest we be scattered abroad upon the face of the whole earth.
Page 249 - And behold, the LORD passed by, and a great and strong wind rent the mountains, and brake in pieces the rocks before the LORD; but the LORD was not in the wind: and after the wind an earthquake; but the LORD was not in the earthquake: And after the earthquake a fire; but the LORD was not in the fire: and after the fire a still small voice.
Page 4 - And out of the ground made the LORD God to grow every, tree that is pleasant to the sight, and good for food ; the tree of life also in the midst of the garden, and the tree of knowledge of good and evil.
Page 3 - And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in the which is the fruit of a tree yielding seed; to you it shall be for meat.
Page 254 - And it came to pass, as they still went on and talked, that, behold, there appeared a chariot of fire, and horses of fire, and parted them both asunder; and Elijah went up by a whirlwind into heaven.
Page 219 - But the poor man had nothing, save one little ewe lamb, which he had bought and nourished up: and it grew up together with him, and with his children; it did eat of his own meat, and drank of his own cup, and lay in his bosom, and was unto him as a daughter.
Page 150 - This book of the law shall not depart out of thy mouth; but thou shalt meditate therein day and night, that thou mayest observe to do according to all that is written therein: for then thou shalt make thy way prosperous, and then thou shalt have good success.
Page 23 - I am not worthy of the least of all the mercies, and of all the truth, which thou hast shewed unto thy servant; for with my staff I passed over this Jordan; and now I am become two bands.
Page 167 - And if it seem evil unto you to serve the LORD, choose you this day whom ye will serve; whether the gods which your fathers served that were on the other side of the flood, or the gods of the Amorites, in whose land ye dwell: but as for me and my house, we will serve the LORD.
Page 4 - And unto Adam he said, Because thou hast hearkened unto the voice of thy wife, and hast eaten of the tree, of which I commanded thee, saying, Thou shalt not eat of it: cursed is the ground for thy sake; in sorrow shalt thou eat of it all the days of thy life...


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BlogWorld 2010 has come to a close, but everyone is still in the midst of uploading blog posts, videos, images, podcasts, and more. I'm trying to aggregate that information in one spot (this post) – so feel free to post your own links in the comments section and I'll add you.
As a first-time attendee to BlogWorld, I was extremely impressed by every aspect of the event – from the panels and speakers to the exhibit floor and sponsors. And even as a long-time blogger, I garnered information and tips from each panel I attended!
Official BlogWorld:
- BlogWorld 2010 Blog Posts
- BlogWorld Ustream (for keynote speeches)
- BlogWorld Youtube
- BlogWorld Flickr
- Ken Yeung Flickr (hundreds of pictures from our photographer!)
Blog Posts About BlogWorld 2010:
- David Risley: Post-Blogworld 2010 Brain Dump and Wrap Up
- Julie: Sharing the Love at BlogWorld – Thoughts on BWE10
- Drew Bennett: BlogWorld Wrap Day 1
- Drew Bennett: BlogWorld Wrap Day 2
- Drew Bennett: BlogWorld Wrap Day 2
- Paul Colligan: BlogWorld 2010 TakeHomes
- Shawn Collins: BlogWorld Expo 2010 Recap
- Mike McAllen: BlogWorld Review and Head Dump
- Barry Moltz: 7 Things Learned at Blogworld
- Anna Velle: 5 Tips Other Conferences Can Take from BlogWorld Plus 3 Areas I'm Hoping to See Improvement
- MizInformation: BlogWorld Recap
- Small Business Trends: BlogWorld Wrap Up
- WebProNews: New Media: It's Just People
- Affiliate Tip: BlogWorld 2010 Recap
- Real Time Revolution: Real Time Revolution at Blog World Expo 2010
- Eileen Ludwig: Newbie Review
- Social Media and More: Eat, Tweet, Blog – Thoughts About BlogWorld Expo
- ThisOneWildLife: BlogWorld Experience
- Kevin Blalock's Flickr
- Yann Ropar's Flickr
- GeekBeat.TV Wrap-Up
- BlogWorld After Dark
- @VegasBill Interviews
- Steven Seppinni Videos
- Miss Destructo's Videos
- Blog Talk Radio Coverage
- Drew Bennet's Photos
- Friday Evening Photo Walk
I know I'm missing some, so help me fill in the blanks!
Photo/image credit: (cc) Kenneth Yeung – www.snapfoc.us


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Skymark Airlines' first A380 has successfully made its maiden flight, following completion of the airframe assembly and system tests in Toulouse, France. The carrier's A380 will be entering the next phase of production, covering cabin installation and painting at Hamburg, Germany.
Skymark Airlines will become the first A380 operator in Japan when it takes delivery of its first aircraft later this year. The airline has six A380s on order. Skymark Airlines will deploy their A380s on international trunk routes, in particular linking Narita to destinations in the US, offering its passengers the unique experience of space and comfort when flying the A380.
Source / Author: Airbus
Photo: Airbus


text: John Yeon's, The Shire, a 75 acre waterfront property in the heart of the Columbia River Gorge located directly across from Multnomah Falls. The Shire occupies a 75-acre waterfront site in the Columbia River Gorge directly across from Multnomah Falls. The Shire is a carefully designed landscape with a sculpted lawn, a series of meadows, wetlands, vista points, river bays, and walking paths which John Yeon created over a 25 year period. He purchased the property in 1965 to protect it from possible industrial development. The Shire is a center for Pacific Northwest landscape studies while being preserved as an example of landscape design. It provides an educational site for the study of landscape preservation, design, ecology, and management creating opportunities for individuals and study groups to engage in research and discussion of landscape architecture, planning, conservation and preservation issues associated with the Columbia River Gorge, the Pacific Northwest region, and the nation.


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Moooi PAPER cupboard
Did the idea of paper furniture ever strike your mind? Paper, cardboard and papier-mâché are familiar to all of us. They bring back memories of kindergarten and our first experiences of making things. Inspired by classic icons but manufactured like modern day furniture, this furniture collection is an ode to classical style and to the material.
Designed by Studio Job 2005