text:
Climate change is quickly becoming the biggest threat to the long-term survival of America's wildlife. No longer is climate change something only facing future generations—changes to our climate are being documented all across the planet today, and people, animals, and plants are already feeling the heat. This warming signal is also found in ocean temperatures, soil temperatures, melting glaciers, and melting polar ice caps. It has been linked to widespread impacts on ecosystems around the planet. This preponderance of evidence all points to the conclusion that our planet is warming, and natural systems are struggling to keep up.
Temperatures are increasing: The most striking evidence of a climate change trend is closely scrutinized data that show a relatively rapid and widespread increase in temperature during the past century. Average temperatures in the United States over the last century have already increased by more than one degree Fahrenheit, and the Earth's atmosphere has warmed by 1.5 degrees Fahrenheit since 1900. The 10 warmest years on record have all occurred since 1998, with 2016 being the warmest year on record. The rising temperatures observed since 1978 are particularly noteworthy because the rate of increase is so high and because, during the same period, the energy reaching the Earth from the Sun had been measured precisely enough to conclude that Earth's warming was not due to changes in the Sun.
Sea levels are rising: Global sea level has increased by roughly eight inches over the past century, and the rate of increase is accelerating. Climate change causes sea level rise in two ways: ocean water is expanding as it warms, and land-based ice in glaciers and ice sheets is melting. Sea level rise has been happening even faster than scientists anticipated a few years ago. If recent projections are accurate, 2 to 3 degrees Fahrenheit warming could bring about three feet of global sea level rise by 2100, displacing approximately 56 million people in 84 developing countries around the world. Coastal habitats also face major changes as low-lying areas are inundated with saltwater.
Sea ice is melting: Declining sea ice is one of the most visible signs of climate change on our planet. Since 1979, Arctic sea ice extent in September (when the annual minimum is reached) has declined by more than 30 percent, according to the National Snow and Ice Data Center. The ice extent has been declining in other seasons too. Despite slightly larger ice extents in 2009, recent observations indicated the ice is thinner and much younger (less multi-year ice) than it used to be. Covering an average of 9.6 million square miles, these areas of ice floating on ocean waters play an important role in regulating our climate, by reflecting some sunlight back to space, and in the life cycles of many polar species, such as polar bears, seals, and walruses.
Precipitation patterns are changing: Some places are getting more rainfall and others are getting less. Nearly everywhere is experiencing more heavy rainfall events, as warmer air is able to hold more water vapor. Right here in the United States, we are already seeing some important trends in precipitation. The Southwest appears to be shifting to a more arid climate, in which Dust Bowl conditions will become the new norm. Annual precipitation totals in the Northeast, Midwest, and Plains have increased by 5 to 20 percent during the last 50 years. The southeastern United States is having both more drought and more floods. Read more about how climate change is causing extreme weather.
Oceans are acidifying: The ocean has absorbed a large fraction of the carbon dioxide that fossil fuel burning has pumped into the atmosphere, slowing the rate of climate change. But all this extra carbon dioxide is impacting the ocean, too. The pH of surface seawater has decreased by 0.1 units since 1750 and is projected to drop another 0.5 units by 2100 if no action is taken to curb fossil fuel emissions. These changes would take tens of thousands of years to reverse.
Climate change is caused by humans. Scientists have concluded that most of the observed warming is very likely due to the burning of coal, oil, and gas. This conclusion is based on a detailed understanding of the atmospheric greenhouse effect and how human activities have been changing it. At the same time, other reasonable explanations, most notably changes in the sun, have been ruled out.
The atmospheric greenhouse effect naturally keeps our planet warm enough to be livable. Sunlight passes through the atmosphere. Light-colored surfaces, such as clouds or ice caps, radiate some heat back into space. But most of the incoming heat warms the planet's surface. The earth then radiates some heat back into the atmosphere. Some of that heat is trapped by greenhouse gases in the atmosphere, including carbon dioxide.
Human activity—such as burning fossil fuels—causes more greenhouse gases to build up in the atmosphere. As the atmosphere "thickens" with more greenhouse gases, more heat is held in. Fossil fuels such as oil, coal and natural gas are high in carbon and, when burned, produce major amounts of carbon dioxide. A single gallon of gasoline, when burned, puts 19 pounds of carbon dioxide into the atmosphere.
The role of atmospheric carbon dioxide in warming the Earth's surface was first demonstrated by Swedish scientist Svante Arrhenius more than 100 years ago. Scientific data have since established that, for hundreds of thousands of years, changes in temperature have closely tracked with atmospheric carbon dioxide concentrations. Since the Industrial Revolution, the burning of coal, oil and natural gas has emitted roughly 500 billion tons of carbon dioxide, about half of which remains in the atmosphere. This carbon dioxide is the biggest factor responsible for recent warming trends.
Loss of wetlands: Higher temperatures will lead to drier conditions in the Midwest's Prairie Pothole region, one of the most important breeding areas for North American waterfowl.
Sea level rise: Sea-level rise will inundate beaches and marshes and cause erosion on both coasts, diminishing habitat for birds, invertebrates, fish, and other coastal wildlife.
Invasive species and disease: Higher average temperatures and changes in rain and snow patterns will enable some invasive plant species to move into new areas. Insect pest infestations will be more severe as pests such as mountain pine beetle are able to take advantage of drought-weakened plants. Pathogens and their hosts that thrive in higher temperatures will spread to new areas.
Observed Impacts of Climate Change in the United States, Pew Center on Global Climate Change
National Aeronautics and Space Administration (NASA)
National Oceanic and Atmospheric Administration (NOAA)
Extreme Weather
The intensification of weather and climate extremes are causing dangerous changes to the landscape of our world.
Habitats at Risk
Our changing climate is altering key habitat elements that are critical to wildlife's survival and putting natural resources in jeopardy.
Five ways to participate in the 50th anniversary celebration!Read More
Take the Clean Earth Challenge and help make the planet a happier, healthier place.Learn More
Promoting more-inclusive outdoor experiences for allRead More
A groundbreaking bipartisan bill aims to address the looming wildlife crisis before it's too late, while creating sorely needed jobs.Read More
More than one-third of U.S. fish and wildlife species are at risk of extinction in the coming decades. We're on the ground in seven regions across the country, collaborating with 52 state and territory affiliates to reverse the crisis and ensure wildlife thrive.


text:
Please help out Sarah Kirsch (formerly known as Mike Kirsch)
Please help a dear friend, Sarah Kirsch, an important figure and driving force in the '90s Bay Area punk scene and beyond. She continues to be an important part of our community, our culture, our music scene, and many of our lives.
Even if you don't recognize this name, you probably know Sarah. She has been a huge part of the punk/radical community for decades as Mike Kirsch (Fuel, Sawhorse, Pinhead Gunpowder, John Henry West, Torches To Rome, Bread And Circuits, Please Inform The Captain This Is A Hijack, Baader Brains, Mothercountry Motherfuckers, etc.). She not too long ago came out as a proud trans-woman, and almost immediately was confronted with these terrible health problems. Money is badly needed.
Our good friend Sarah Kirsch was diagnosed over summer with Fanconi anemia, a rare genetic disorder that causes leukemia and other cancers. Despite being put through the f'n ringer by chemotherapy, a bone marrow transplant and very long hospital stays, Sarah is staying strong and fighting hard, finally out of the hospital and at home with her amazing partner Jess and loving full-time caregivers and friends, Paul and Ilya."¨"¨
Aside from the unconditional emotional and physical support Sarah has received from her devoted extended family and friends, donations to date have been enormously helpful in lightening the financial burden of this kind of illness. The demand for supplies not covered by insurance is, however, unending and deepening — from food to cleaning supplies to lotion to kleenex to parking at the hospital… and this is to say nothing of larger caregiving expenses.
It is all adding up and multiple life savings have already been depleted. "¨"¨If you're able and would like to contribute in this way, please check out our WePay account below. There is no donation too small, every $ helps."¨"¨
***An Important Update and Appeal for Sarah (September 5, 2012) ***
Dear Friends and Family,
We cannot adequately express how grateful we are for the support you have given us through this impossible time. Sarah's health and spirits have strengthened so much thanks to the emotional and financial support she has received from the community in recent months. We could not have made it this far without you.
Unfortunately, the progression of Sarah's rare and complicated illness has not followed an ideal path. Her bone marrow—wherein resides Fanconi Anemia, the disease that put her in the hospital and that she continues to fight—has begun to gradually come back, meaning that her body cannot produce blood cells as it should. Although it has only regained 3% of her body's marrow, according to recent preliminary test results, as compared to 97% percent post-transplant marrow, this small amount is sufficient to cause concern amongst her medical team that more must be done before the transplant can really take effect.
In short, unfortunately, Sarah must now undergo more chemotherapy in the coming months. This chemo will be aimed at suppressing the diseased marrow and allowing the healthy, transplanted marrow to fully take over.
Chemotherapy has always been quite difficult for Sarah, and now seems to be an especially unideal time to undergo such a devastating procedure. Sarah had been starting to gradually return to a more normal routine of life—going outside, spending time alone, even driving and playing some music—and a regimen of chemotherapy means an unwelcome regression to where we were many months ago, when Sarah couldn't go out to public places or eat at her favorite vegan spots due to her body's inability to combat infection and the general toll of chemotherapy.
We are reaching out to the community with another call for financial support—for rent, groceries, gas, money to pay for care-giving assistance, co-pays for hospital visits, cleaning supplies, emergency funds, etc. All of these things add up very quickly and make an already impossible situation that much more difficult. Any support you can offer is extremely appreciated and no donation is too small.
The link again: https://www.wepay.com/donations/sarah
Again, Sarah and those close to her are SO THANKFUL for the support that has already come our way. Though all of us (and especially Sarah for the time-being and likely for a significant time to come) can't reach out to all of you individually who have shown support in so many ways, it is truly inspiring and incredible to receive support and read the messages that so many people have to offer us. Please accept this general THANK YOU and know that you have contributed in a great way to sustain all of us in this time of extreme need.
Sarah's Friends and Caregiving Team
*UPDATE 5/1/12* (a more recent update appears above the video)
From Sarah's Support Team:
Wow! It's almost unbelievable how many people have come out of the woodwork to support Sarah. Our heartfelt thanks to MRR for putting the word out more broadly, as well as to each and every one of you who has given to Sarah's cause. From the largest donations to the smallest, to even those of you who have just been able to send along much needed and appreciated words of support, you truly don't know how much this means to Sarah, her family and our caregiving team of friends.
We'd also like to extend a huge thank you to Sarah's parents, who have been supporting us and her in a tremendous way. Parental help is often taken for granted, so we want to make sure everyone knows how invaluable their assistance has been.
Sarah's situation is gradually improving, but it's going to remain a difficult road to recovery, and we're not out of the woods by a long shot (just over half way through the dreaded 100-day home lockdown for starters). She has just started to do things like take a nightly walk outside, and is even spending some time working on record artwork and starting to play a few notes on her synthesizers and guitar.
The best news has been that preliminary blood tests have shown that the transplant has taken 100%, although a more invasive bone marrow biopsy is required to know for certain.
Unfortunately, though, Sarah still has precious little energy (even on good days), and though she wishes she could write or call many of you to express her thanks and talk to you individually at length, the enormity of fully resuming any kind of contact with anyone beyond the people who are here caring for her is still very daunting.
But to everyone who has been showing support in ways large and small, Sarah says (transcribed by us): "Thanks to everyone — old friends and people I don't even know… It's inspiring to see how the community can come together to help someone in need. I wish I could contact everyone individually, people that gave financially or not, but being on so many medications makes it really hard to do anything – like even typing an email is so hard. I apologize to people who I haven't been able to thank and I want them to know that I'm thinking about them and that all their support gives me strength."
It's very hard for us to write an update like this and not be able to enthusiastically report that "We've reached our goal!" or anywhere near close, but rather TO RENEW OUR APPEAL at the same time as we give thanks. The reality of the situation is that we are still burning through money like it grows on trees.
Despite all the very VERY generous help of friends, family and others, life savings have been depleted or are still dwindling and budgets are being stretched beyond anything we could have imagined.
If you've already given what you can (again, THANK YOU!), maybe pass the word to other friends or help organize a fund raiser. Here is the URL to this post, which is an easy link to send around for context: https://www.maximumrocknroll.com/help-sarah-kirsch/
Benefit shows are already in the works, from the Bay Area to the East Coast to even Amsterdam (last LÄRM gig, May 26th!) and Japan, and multiple people have offered to organize or contribute to auctions of many sorts. So thanks again so much to all of you for taking some initiative or just sending good vibes.

subset: commoncrawl


text: Sucklebusters Sweet Texas Pecan BBQ Rub on sale at BBQRubs.com - This is an all-purpose BBQ rub, it is super sweet and spicy with a hint of Texas Pecan. It has a wonderful aroma and tastes even better! We use pecan smoke and oil which is perfect for grilling and BBQ cooking. The pecan oil has a high smoking point. Use on all types of meat and vegetables. Apply a thick layer just before putting you meat in the grill. Naturally gluten free. Ingredients: Sugar, sea salt, brown sugar, paprika, chile powder, garlic, onion, black pepper, natural smoke flavor, pecan oil, spices and silica.


text:
Does anybody know of a tool or method to automate posting invites to Pinterest followers to pin on my group boards? I am using PinPioneer to cover most other pinterest needs I have, but this aspect as painfully manual at the moment.
Why would you want to automatically invite people to be able to post to a board? Don't you need to qualify that they (a) post the right type of information and (b) are interested first?
Yes absolutely but that has already been established by virtue of their repinning items from my boards. Thiose that start pinning on the boards I verify the day they pin that the subject matter is appropriate.
So wouldn't this require you to manually handle the addition?
Pinterest does not have a public API yet so there's only a handful of things that can be managed externally and many of those require trusting a third party with your access credentials which is not necessarily the best idea.
No not given a tool that can function from processing a list. I have about 160ish boards, travel and activities themes, each one relevent to different people: one on China, one India, one kayaking etc Across the boards I am getting 100 new followers per day, forget those that are repinning I cant keep up with it. Using PinPioneer I am able to harvest a list of followers, I can process this using many different tools (excel for instance) to extract just those that are new, these are who I would like to invite, if 10 percent of these actually take up the offer and start pinning, I only need to reveiw 10 percent of the followers not all of them, as these are immediately visible in notifications. Those that pin inappropriately are booted off the board.
I know there is not a public API as yet (or at least it is in moth balls) and of course the credentials thing is a risk, but one that for me might be carefully worth the risk. I know there is UBot which possibly could handle things, but beyond my budget, I have iMacros as a possible option though not sure if it is up to the job and might be an expensive investment in time only to find out it's not.
Net result is keeping my eyes open to alternatives. Hence this thread.
Cheers Ted.
Hi guys,
I keep getting messages saying there are new replies yet I cant see them in here- any thoughts?
for instance latest:
blorooseo has just replied to a thread you have subscribed to entitled - Pinterest Automation for invites - in the Social Media forum of SitePoint Forums.
Not visible on my listing!
Not everyone post that gets made on the forums stays made. Some are deleted because they are "fluff" or spam or break the rules in any number of other ways. If you get a notification but there's no post here then you can relax in the knowledge that you haven't missed anything worthwhile![/ot]
Fair enough - thanks Stevie D
I have used Ninja Pinner
official website
Here are some of its features:
Target your market based specific keyword.
Auto Follow feature that allows you to mass follow other users fast, gaining you thousands of followers back
Auto Pin feature that allows you to mass re-pin other images on autopilot getting you exposure
Auto Commenter feature that allows you to send out comments to all others users.
Auto like feature that allows you to mass like pins, boards, etc.
You can check it if it meets your requirements.
The other options are pinranker pro and pin blaster.
These are not spam tools but just help in automation of most of the tasks that we perform.
Most of the actions you've listed are expressly forbidden by pinterest or considered SPAM by any reasonable definition. More importantly there is little benefit to automation given that interaction is what creates results.
I have never hear about any tool which automatically invites the followers. I am invite the other members manually for pin boards so i thinks its better, when a member follow your board then you can send invitation by editing your board and add his/her name in invitation column.
Come on Ted - have you used Pinterest? - engagement with other users is not its strong point.
If you pin 1000 pins you will be lucky to get one or two comments, if you respond to others comments your efforts will almost always hit a brick wall. Using Pinterest is about extending a list of images. Which other will either follow, repin, or ignore. Its ripe for automation. Automation may not be something they want for whatever reasons, but it is not reasonable to give someone a set of drums and then say don't make a noise.
If they are negative about automation why be involved in the digital arena, it is automation by definition, with the only bottlekneck to throughput being the human interface.
As I said before Automation is not spam. Spam is unsolicited messaging! Automation is the same action that would have otherwise occurred but without the human interface making it therefore as fast as technologically possible.
Maybe you should take some time to read Pinterest's acceptable use doc. Ted is right! :
You agree not to engage in any of the following prohibited activities:
Attempt to access or search the Services, User Content or Pinterest Content or scrape or download User Content or Pinterest Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Pinterest or other generally available third party web browsers;
Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
Ted is not correct. Their acceptable use policy is irrelevant, in terms of whether or not something is spam. the method of how a repin is made or how a new pin is put up may not be acceptable to Pinterest but that does not make it spam (spam is an unsolicited message).
On the spam issue if it helps you understand what spam is try googling: A definition of Spam
If it helps here is the free dict url http://www.thefreedictionary.com/Spam you can ignore the references to canned food!
So coming back to their acceptable use policy seeing how you wish to derail this thread:
Do you think an organisations terms and conditions or TOS are always ethical, moral, or within "fair use"?
It is up to us as individuals to decide if we are overstepping the mark when refusing any of these. Its a good job Microsoft, broke from ethics when they allegedly and arguably stole IBM's core new OS which they decided to call Windows. The ultimate hypocrites who respect nobody else's ethics, TOS or even European law.
Of course some organisations are reasonable. What's important is that we are the guardian's of our own actions and choices to infringe or break contract with each other or with organisations. When these breeches are beyond the law obviously there is a potential cost.
So please shyflower let myself and the governance of Pinterest have our debate over what is "fair use", about the differences between legitimate automation and automation for the sake of spam, and then we can fight about whose jurisdiction we are in.
Thanks for your contribution!
As someone who has been on staff at this forum for several years, I have an excellent understanding of what spam is. However, rather than just put the term fair use in quotes, I suggest that you take a look at copyright law and see what it really is.
Further, although you may disagree with Pinterest's TOS, it is still 'their' site and if you don't follow their rules they will close your account there.
Finally, no one here is attempting to 'derail' your thread. Yet, no matter who starts a thread, we don't allow poor advice to our members to stand unchallenged.
Moreover, rudeness is not tolerated at SitePoint and if you can't be civil, your thread will be closed.
It may not be spam, but by the TOS, it does look like automation tools are strictly forbidden. May not seem fair, but automation tools DO put a strain on their servers. And it's either restrict things that cause an impact on their server, or make it a pay service.
Attempt to access or search the Services, User Content or Pinterest Content or scrape or download User Content or Pinterest Content from the Services, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Pinterest or other generally available third party web browsers;
This is getting silly.
Spam is unsolicited messages. Look up the definition.
Shyflower what has copyright got to do with anything about this thread, please explain what I don't understand about copyright, and explain why I need to read up about it ( a subject by the way that I am fully conversant with)
How I am being rude? I am continually having to defend the fact that I am not spamming and explain to you what Spam is in order to make a defence. DaveMaxwell clearly agrees it is not spam. If defending my position is being rude what is your attack on my motives?
As regards server loading David that would be a fair point if I was advocating using automation in a way that would overload Pinterest's servers however all I am seeking to do is avoid the time spent on something that I would otherwise need to do manually. There is not an increase in burden upon their resources in any way! Just a reduction in my own overheads.
The bottom line here is that no matter what your rational is for doing so, we are not going to accept questions or replies that suggest circumventing another site's TOS.
Thread closed


text:
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text:
'Old-school' auto engines keep pace with turbocharged options: Consumer Reports
Vehicles with small, turbocharged engines do not have a significant edge over larger, more traditional powertrains and in some cases the newer models are slower and less fuel-efficient, Consumer Reports said on Tuesday.
The influential magazine's findings pose a potential obstacle for automakers, which are relying on this relatively new and expensive technology to meet stringent global fuel economy standards over the next several years.
Of the models tested by Consumer Reports, Ford Motor Co's Fusion mid-size sedan was among the worst performers. The Fusion with a 2-liter, turbocharged engine got 22 miles per gallon and accelerated to 60 miles per hour in 7.4 seconds.
By contrast, the Honda <7267.T> Accord sedan with a 3.5-liter, six-cylinder engine got 26 miles per gallon and accelerated in 6.3 seconds, according to Consumer Reports.
"If you look at the V-6s, they're a full second faster and yet they're getting quite a bit better fuel economy too -- and these are large, old-school, traditional powertrains," said Jake Fisher, director of auto testing for Consumer Reports.
Turbocharged versions of the Hyundai <005380.KS> Sonata and Kia <000270.KS> Optima sedans also fared worse than the Accord, although their performance was overall better than the Fusion.
Consumer Reports also found that turbocharged models often fell short of fuel economy estimates supplied by the U.S. Environmental Protection Agency -- sometimes by as much as 4 miles per gallon as in the case of the 2.0-liter Fusion -- although the testing methods were different.
Ford, in particular, has been one of the most vocal advocates for this technology. Ford introduced its EcoBoost turbocharged engine in 2009 and will offer that engine in more than 90 percent of models sold in North America this year.
Ford, the second-largest U.S. automaker, has said its models equipped with EcoBoost engines have saved as much as 20 percent in fuel compared with their larger predecessors.
"We cannot answer for how Consumer Reports tested the Fusion, but its findings are not consistent with our internal and external feedback," Ford spokesman Wes Sherwood said.
Vehicles with turbocharged gas engines will account for 70 percent of the U.S. new light vehicle market by 2021, up from less than 10 percent in 2010, Barclays Capital predicted in a research note last year.
Turbochargers work by pushing air more quickly through an engine's combustion chambers than is normally possible, creating more power and potentially boosting fuel economy by at least 5 percent.
BorgWarner Inc and Honeywell Inc are two of the biggest suppliers of this technology.
Companies charge a premium for this option. Ford charges $795 for its 1.6-liter EcoBoost engine, while Chrysler Group LLC's 1.4-liter Multiair engine costs $1,300.
Consumer Reports said its tests over the last two years show the turbochargers have a spotty record compared with older technologies in terms of fuel economy and power.
Ford's 1.6-liter, turbocharged Fusion achieved 25 miles per gallon and accelerated to 60 miles per hour in 8.9 seconds, Consumer Reports said. This compares to the 2.5-liter, four-cylinder Toyota <7203.T> Camry, which got 27 miles per gallon and accelerated in 7.7 seconds.
The 1.4-liter turbocharged version of General Motors Co's Chevrolet Cruze compact car is seven-tenths of a second faster than the 1.8-liter, four cylinder version. But both got 26 miles per gallon, instead of the expected 28 mpg for the juiced-up Cruze and 27 mpg for the 1.8-liter version.
Discrepancies between the fuel economy seen by the EPA and Consumer Reports may be due in part to different testing standards. The EPA's highway testing is conducted at an average of 48 miles per hour with a top speed of 60 miles. The magazine drives cars on a stretch of highway at 65 miles per hour.
(Reporting By Deepa Seetharaman; Editing by Ken Wills)


text:
Twin Sisters, Photo Gallery, Rocky Mountain National Park, Colorado
Twin Sisters
Rocky Mountain National Park
The Twin Sisters ridge runs nearly two miles along the east-central boundary of Rocky Mountain National Park. A short but strenuous trail leads to a small saddle, and splits up scrambling routes to the respective summits (11,413' and 11,428'). A landslide caused by the 2013 floods wiped out a portion of trail, and has since been re-routed across and up the far side of the slide. Visitors will enjoy rangy panoramas across Longs Peak, Estes Park and the Continental Divide, along with interesting alpine ecology leading to the summits.
|Related Trails:
|Twin Sisters
The Longs Peak massif was likely a single rounded summit before glacial movements carved out distinct summits
Subalpine fir, limber pine and bristlecone pine comprise the upper forest
The final half mile crosses a steep, exposed talus field below the summits
The Twin Sisters' broad, west-facing slope is frequently buffeted by strong winds coming off the Continental Divide - conditions are typically windy and brisk on the summits
View of Mt Chapin, Mt Chiquita and Ypsilon Mountain in the Mummy Range, which are among the tallest peaks in the Park
The Longs Peak Keyhole was formed by freeze-thaw cycles between vertical rock slabs, and glacial ice atop the rock acting as a wedge to pry rock loose
Though the summits are virtually identical (11,413' and 11,428'), the east summit requires a more challenging scramble up loose, sharp talus
Bristlecone Pine may take a century to add just 1" in diameter, and can become nearly dormant during a drought
Relatively younger granite forms mountains north and south of Estes Park, including Estes Cone (pictured), Twin Sisters and Twin Owls
Looking south down the Longs Peak - Highway 7 valley from the West Summit


text:
The DS203 is an Ethernet to Serial (RS232) Bridge Device Server with Enclosure for standalone use. The device hardware includes one 10/100BaseT Ethernet port, one RS232 serial port and an internal processor that "glues" the network and serial sides together. Use the DS203 to network-enable nearly any serial device or system.
View the TIDE, TiOS, Tibbo BASIC and Tibbo C Online Manual.
View Tibbo BASIC Introduction Videos.
View a video of the Tibbo Connection Wizard showing how to create a Virtual Serial Port and link it with the Device Server.
Note: This unit requires a power supply, which is not included. A suitable power supply can be selected as an add-on option from the bottom of this page. The DS203 power connector is a coax/barrel type of connector with 3.5mm outer and 1.35mm inner diameter. The center pin is positive, outer contact is GND.
If you want to get one of the DB9-to-Terminal adapters shown in the options below, the normal version (as opposed to inverted) is recommended as it will make the terminal connections face up and be more easily accessible.


text:
All Galveston County Constable wanted was a little motorboat!
The lawsuit reads like the script for a sexual harassment in the workplace video, but a former Texas deputy said the unwanted sexual advances from his female constable went too far.
Galveston County Constable Pam Matranga made lewd and suggestive advances to Deputy James Gist, including forcing his head into her breasts on two occasions, according to his complaint.
"She lifted her blouse and pulled it down over Plaintiff's head. She pressed her breasts against the head of Plaintiff," said the lawsuit, which was filed in District Court in Galveston County earlier this month and posted on Houston Press.
The suit details an alleged history of lewd behavior Gist said he suffered in the workplace
Matranga declined to discuss the allegations levied against her in the lawsuit.
"Unfortunately Mr. Gist is allowed to say and do whatever he wants and I stand by a higher standard," she told ABCNews.com, adding that she was not allowed to make any further comments.
Asked if she liked to joke around in the office, Matranga said, "Yes."
Fed up with his boss, who he claims once said she wanted to perform at "chunky chicks night" at a local strip club and then gyrated in his face, Gist decided to take action. The deputy set up a recording device on his desk.
On Oct. 26, 2011, Gist said he was once again forced under Matranga's shirt and pushed into her breasts, an act called "motorboating" that joined the cultural lexicon following a famous tirade by Vince Vaughn's character in the movie "Wedding Crashers."
Gist said he yelled at her to stop while the device may have picked up the incident on his desk, according to the court documents.
Matranga found out about the device and filed a complaint with the Galveston County District Attorney's Office. Gist alleged the constable, who said she has a "clean" record in her 19 years of service, deleted evidence on the recorder.
Five days later, Gist was suspended and ultimately resigned from as a deputy.
The Galveston County District Attorney's office is reviewing Matranga's complaint against Gist allegedly bugging the office to determine if it "warrants criminal charges," said Kevin Petroff, assistant district attorney.
Gist also filed a complaint with the Equal Employment Opportunity Commission. He was unable to be reached for comment.
The two-term constable faces competition for her job in the May 29 Republican primary.
ALYSSA NEWCOMB | Good Morning America


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Bay-friendly Landscaping
November 21, 2012
By Chris LaChance
What is your watershed address? If you do not have an answer then it probably means you are not sure how or even if you are connected to Galveston Bay. Actually, everyone lives in a watershed whether or not a body of water is in view. Simply put, a watershed is the land from which water drains on its way to the nearest bayou, river, lake or bay. Your watershed address bears the name of that accepting water body. For example, I live in the White Oak Bayou Watershed. Water from my yard makes its way into the stormdrain and flows, unfiltered, to White Oak Bayou and ultimately empties into Galveston Bay.
Galveston Bay is a complex mixture of salt and fresh water and is teaming with life. On the land, it is surrounded by prairies and marshes which form rich estuaries, or nurseries, for marine species like crabs, shrimp and oysters. The entire area supports a vibrant, diverse wildlife population. Galveston Bay also ends up being a repository for pollutants found in urban runoff. Stormwater, or rainwater, flows from surfaces that cannot absorb water—impervious surfaces like roofs, streets and parking lots—and from our own landscapes carrying with it substances like motor oil, litter, fertilizers, pesticides and pet waste that all end up in the bay. One way we can make a difference in the health of our watershed and of Galveston Bay is to use landscaping practices that are bay-friendly—working with, not against nature.
Start with healthy soil. The best way to accomplish this is with the addition of organic matter in the form of compost which provides a steady supply of nutrients, releasing them slowly when the plants need them. Compost adds sponginess to the soil, which retains moisture and helps plants survive our periods of drought. In clay soils, compost helps improve drainage. Healthy, organically enriched soil is better at filtering out pollutants before water reaches the stormdrain.
Conserve water. Plant and animal life in Galveston Bay depend on a critical balance of salt and fresh water. With continued development, more demands are being placed on fresh water supplies—drinking water for an increasing population, water needs for expanding industry and more irrigation going to agriculture and thirsty landscapes. Landscapes alone can consume fifty percent or more of municipal water supplies during summer month. To help keep freshwater inflows entering Galveston Bay, reduce the size of your lawn, plant native and non-invasive adapted plants, and water landscapes less often, but deeply. Established landscapes can survive with one inch of water applied once or twice a week.
Reduce waste in the garden. Grasscycling is a great way to feed your lawn while you mow. Using a mulching mower allows the grass to be cut into smaller pieces which can be left on the ground. As the clippings decompose they will add nutrients to the soil. Grass clippings that are collected can be added to the compost bin or once they are no longer green they can be used as mulch. Use recycled materials when building raised beds, edging a garden bed or creating a walkway. Reclaimed lumber can be used for fencing or garden benches.
Create spaces for wildlife. Watershed protection also means preserving and creating wildlife habitats. Maintaining native vegetation, especially along bayous, creeks and rivers helps stabilize soil to help prevent erosion. Such natural areas act as buffers to filter stormwater with the added benefit of attracting diverse wildlife populations.
Galveston Bay may seem like a long way from your physical address. Visualizing your connection to the bay becomes easier once you understand your watershed address. Making the choice to have a bay-friendly landscape is the only "watersmart" thing to do.
To find your watershed address, go to http://www.hcfcd.org/ME_hcwc.html for Harris County or search your county name plus watershed address.
Chris LaChance is WaterSmart Coordinator for the Texas A&M AgriLife Extension Service and Texas Sea Grant. WaterSmart is funded by a grant from Houston Endowment, Inc. Contact Chris at email@example.com.


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Christians With Same-Sex Attractions Weigh in on Homosexuality-Bible Debate
Identifying as Gay and Christian | Feeling Called to Celibacy | Same-Sex Attraction a Choice?
Editor's Note: This is the final part in a three-part series featuring both sides of the debate on the Bible and homosexuality. The series began with an interview with Matthew Vines, and was followed by a report featuring responses from evangelical theologians. This final part features guest viewpoints and testimonies from Christians who have chosen to not engage in homosexuality and those who don't believe a gay lifestyle conflicts with the Bible.
Christopher Yuan – Placing My Identity in Christ, Not My Sexuality
Unlike Matthew Vines, I was not raised in a Christian home and believed homosexual, romantic relationships were not sinful. I became aware of my attractions toward other men when I was nine but hid them until I came out in my early twenties while in graduate school pursuing a doctorate in dentistry. My mother was devastated but through this incident, she became a Christian. Although her initial response was rejection, after coming to Christ she could do nothing other than love her gay son.
After many years of running from God and rebelling against my parents, I was incarcerated for drug dealing and received the news that I was HIV+. I found a Bible in the trash can and began reading it. I confided with a prison chaplain who told me that the Bible does not condemn homosexuality, and he gave me a book by gay historian, John Boswell.
Like Vines, I too wanted to reconcile faith with sexuality. With that book in one hand and the Bible in the other, I had every reason to accept Boswell's assertions to find biblical justification for homosexuality. But surprisingly, I felt Boswell's interpretations did not line up with the plain reading of Scripture. So I turned to the Bible alone and read every verse looking for positive support for romantic, homosexual relationships. I couldn't find any.
What changed my mind wasn't the six "clobber passages" which mention homosexuality. It was realizing that I had placed my identity and focus on the wrong things – my sexuality and pursuing a same-sex, romantic relationship. But God calls Christians to put their identity in Jesus Christ alone. God says, "Be holy, for I am holy." I needed to pursue a life of holiness, not heterosexuality or homosexuality.
After my release from prison, I attended Moody Bible Institute receiving a degree in the Bible with an emphasis in biblical languages and also completed a masters in biblical exegesis from Wheaton College Graduate School for a total of four years of biblical Hebrew and four years of biblical Greek. I am now an adjunct instructor of the Bible at Moody Bible Institute while pursuing a doctorate of ministry at Bethel Seminary (St. Paul, Minn.).
Exegesis (literally "to draw out") is the critical interpretation of a text requiring knowledge of the original language in which a text is written. Many begin with a presumption and superimpose their predetermined conclusion upon a text. This is eisegesis ("to draw in") which is the opposite of exegesis. Matthew Vines' entire argument hinges upon his presumption that the Bible doesn't specifically address loving, same-sex relationships. Although there is no direct mention, the Bible does condemn it in its universal prohibition against all homosexual sex and romantic relationships.
In Romans 1:26-27, Paul draws from well-known Greek philosophers and Hellenistic Jewish authors to universally condemn all homosexual sex and romantic relationships. "Unnatural" or para fusin is used by Plato, Philo and Josephus to refer to homosexual sex per se, not merely lustful, homosexual relationships. In addition, "nature" or fusis is found in Wisdom of Solomon, 3 Maccabees and 4 Maccabees. In each occurrence, fusis refers to nature (in general), a characteristic or origin – never as "customs" as Vines asserts.
Most importantly is Paul's appropriation of the Levitical condemnation against all homosexual sex and relationships in 1 Corinthians 6:9. Paul created a word "arsenokoitai" directly from Leviticus 18:22 and 20:13 in the Septuagint (Greek translation of the Hebrew Bible). The first half of Leviticus 20:13 from the Septuagint reads: "kai hos an koimethe meta arsenos koiten gynaikos." Any good Hellenistic Jew familiar with the Torah and the Septuagint would make an unmistakable connection between "arsenokoitai" and the universal condemnation of all homosexual sex and romantic relationships found in Leviticus 18:22 and 20:13.
Even if Vines' presumption is true that the Bible doesn't specifically address loving, same-sex relationships, the absence of evidence is not evidence to the affirmative.
Finally singleness, voluntary or involuntarily, is not a curse. Paul states in 1 Corinthians 7 that singleness is good. This does not contradict Genesis 2:18, "It is good for a man not to be alone." New Testament scholar Barry Danylak states, "When Genesis 2:18 affirms that it is not good to live alone, marriage is given as a provision. But this does not imply that marriage was designed to be the sole provision for one's aloneness." Singles can develop deeper (but non-romantic) relationships which would otherwise be more difficult if married. Jesus, who was single, teaches in Mark 3:31-35 that family in the New Covenant extends beyond our immediate biological family.
Voluntary or involuntary singleness is not the same as being alone, nor is it "incalculable pain and suffering" as Vines states. Paul exhorts believers in 1 Corinthians 7 to find contentment in whatever situation we find ourselves in – whether voluntarily or involuntarily. Contentment should never be predicated upon another person, but solely in Christ Jesus and a life fully surrendered to Him.
Christopher Yuan (www.christopheryuan.com) is author of "Out of a Far Country: A Gay Son's Journey to God, A Broken Mother's Search for Hope." Yuan, who has a heart for those working through issues of sexuality and those living with HIV/AIDS, also teaches at Moody Bible Institute, speaks locally and internationally to youth, on college campuses, in churches and in prisons.
Tom Brock – A Pastor's Struggle With Same-Sex Attraction
I have struggled with homosexual temptation most of my life. By the grace of God I have always been celibate but the struggle for me has been intense. Sadly, the battle was also with my own denomination. In my 22 years as a pastor in the Evangelical Lutheran Church in America I spoke at church conventions for the Biblical standard of celibacy for those with same-sex attraction. Sadly, in 2009 the ELCA adopted a more liberal view and began ordaining practicing homosexuals. I have left the ELCA but I continue in my television ministry to uphold the truth that homosexual behavior is sin, and the fact that I struggle with this temptation does not give me license to practice the behavior.
This summer I testified before a hearing at the convention of the Presbyterian Church (U.S.A.) as they debated whether to change the definition of marriage to include homosexual couples. I explained that I am a person who struggles with same-sex attraction but the last thing I want to see is the Church endorse a behavior that hurts people in this life and which excludes them from the Kingdom in the next (I Corinthian 6:9-11).
I stated: "Is it not arrogant to think that we are somehow more enlightened than all the Christians who came before us?" I believe it is safest to interpret Scripture the way Christians have understood it for 2,000 years and the solid testimony of church history is against homosexual behavior. The Biblical interpretation that has led some denominations astray – notably the ELCA, Presbyterian Church USA, the Episcopal Church in America, and the United Church of Christ – maintains that the Bible does not condemn homosexual behavior per se, but only promiscuous homosexual behavior. As much as part of me – my flesh – would like to believe I can legitimately engage in homosexual behavior, the Bible remains a permanent obstacle. An objective reading of Leviticus 18:22, 20:13, Deuteronomy 22:5, Romans 1:26-27, I Corinthians 6:9-11, I Timothy 1:8-10, Jude 6,7 makes clear that the Bible's condemnation of homosexual behavior is a blanket one. There is never the added caveat: But it is okay if you love each other.
At the Presbyterian convention, one pastor testified that the denomination should allow her to marry lesbians in her congregation because "If I don't I will hurt them." I responded, "No, to encourage them to engage in a behavior which will rob them of salvation, that is what will hurt them."
I was interviewed on Minneapolis radio about my struggle and the interviewer asked, "Pastor Brock, why don't you just go with this orientation as who you are." I responded, "I'm glad I didn't. I'd be dead. Many men my age who went into this lifestyle are dead." Some liberal Lutheran bishops I know believe they are being loving by affirming homosexual behavior. The truth is they are hurting people. As one old Lutheran pastor said, "They are nicing people right into hell." I can't tell you how grievous it was for me with my struggle to hear bishops endorse something that I knew was evil.
So what does one do if one suffers from same-sex attraction? I believe the answer is: fight. Nowhere are we told the Christian life will be easy. I once heard someone say "But God would never ask you to deny something so central to your make-up as homosexuality." I thought, "Why not?" If we believe in the doctrine of original sin – that we are all born sinners because of Adam's fall (Romans 5) – then indeed every Christian is called to battle the sin that is so central to our make-up. One often hears "But I didn't choose this." I can relate. I never consciously asked to have these temptations. But most alcoholics do not wake up one morning and say "I think I'll have a drinking problem." Kleptomaniacs do not say "I think I'll have a problem with shoplifting." We may not choose our temptations in life, but we do choose what we do with our temptations. To be tempted is not sin. Jesus was tempted in Matthew 4. What we do with temptation shows whether we are endeavoring to follow Christ. And, praise God, even if we do fall under temptation, there is forgiveness when we repent and turn to Christ.
What will help people who struggle with same-sex attraction? Of course, regular prayer, Bible reading and being in a good church, a church that has not compromised on this issue. But for most people struggling with same-sex attraction, the crucial key is accountability. I have been part of a Christian support group for those who struggle with same-sex attraction. If you google "Exodus International" you will most likely find a group in your area where you can join other Christians who have this struggle. Also very important for me are the weekly phone calls I make to my accountability partner who helps keep me on the straight and narrow.
Lastly, where does homosexuality come from? Is it nature (in the genes) or nurture (in one's upbringing)? I lean toward the latter but ultimately it does not matter. Wherever it comes from, we are called upon to follow Christ and say "no" to it. As our Lord Himself stated: "If anyone would come after me, let him deny himself and take up his cross daily and follow me" (Luke 9:23).
Tom Brock was born in Omaha, Neb., and graduated from Bethel College in St. Paul, Minn., with a degree in Biblical and Theological Studies. He received a Masters of Divinity degree from Luther Seminary in St. Paul, Minn. He was ordained a Lutheran pastor in 1979 and has served congregations in Florida and Minnesota. He served on the board of reform groups attempting to bring Biblical renewal to the Evangelical Lutheran Church in America before he left that denomination over their position on issues such as abortion, homosexuality and universalism. Pastor Brock for 24 years has had a television ministry which can currently be seen on DirecTV on channel 367 (World Harvest Television) Sundays at 8:30 Central Time. He also does guest preaching at churches. Pastor Brock is 59 years old and has been single his whole life. His TV program can also be viewed at pastorsstudy.org.
Justin Lee – Executive Director of The Gay Christian Network
When I hit puberty and all my male friends began to "notice" girls, I didn't. Instead, I began to notice guys.
I didn't understand why this was happening. I was a committed Christian with a strong relationship with Jesus, wonderful relationships with both parents, and no history of abuse or trauma. How could someone like me have these feelings?
Confused, I prayed about it, focused on my spiritual walk, and trusted God to heal me and give me attractions to women. When I found out about so-called "ex-gay" ministries, I contacted them for support and advice. But even after many years of prayer, and with all my faith in God, my male attractions never went away, nor did female attractions ever develop.
This is, in fact, an incredibly common story. Most same-sex attracted Christians don't ever become opposite-sex attracted, even with faith, prayer, and therapy. When ex-gay leader Alan Chambers recently said that "99.9%" of people in his ministry didn't become straight, many Christians were shocked. Those of us who have been through these groups weren't.


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First pot, now prostitution: Liberal party to debate legalization
First it was pot; now it's prostitution.
Liberals broke new ground at their last national policy convention, becoming the first federal party to advocate legalizing, regulating and taxing marijuana.
And now some Grits want the party to take the same approach to the world's oldest profession.
The British Columbia wing of the federal Liberal party is proposing a resolution for the party's next national convention aimed at ensuring sex trade workers are legally able to run a "safe and successful business," which would be licensed to safeguard employees, employers and clients and taxed just like "any other commercial enterprise."
Proposal originated with BC youth wing
The resolution was initiated last year by Young Liberals in B.C. and was later adopted by the provincial branch of the federal party as one of 10 priority resolutions it would like to see debated at the national convention in Montreal next month.
It's not certain at this point that the resolution will ultimately make it to the floor of the convention for a vote, although it will at least be debated in a policy workshop.
But it would seem an opportune time to gauge the mood of the party on the subject, given that the Supreme Court last month struck down the country's prostitution laws as unconstitutional — a development the drafters of the resolution had not anticipated.
The top court ruled that the prohibition on brothels, living off the avails of prostitution and street soliciting imposes dangerous conditions on prostitutes and thus violates their right to life, liberty and security of the person.
It gave Parliament one year to come up with a new law, thrusting the hot potato firmly into the court of federal politicians.
Prime Minister Stephen Harper's government has signalled its intention to ensure prostitution remains a matter of criminal law, perhaps by adopting the so-called Nordic model of penalizing those who purchase sex, rather than those who sell it.
Supporters hope to convince Trudeau to sign on
Liberal Leader Justin Trudeau has not articulated his views on the subject as yet and the B.C. young Liberals are hoping debate on their resolution at next month's convention will help shape his response.
"I think it's good for us to continue to be bold," said Justin Kaiser, B.C. young Liberal president when the resolution was adopted and now a candidate to become national young Liberal president.
"I think young Liberals have always pushed the party to be bold." Indeed, it was young Liberals who successfully pushed the party to officially support same-sex marriage and legalization of pot.
Arguments similar to those made in pot debate
Trudeau, who initially preferred the less dramatic approach of decriminalizing marijuana, eventually embraced the party's official position on the matter and, as leader, has become a champion for outright legalization.
And some of his arguments for doing so — that the war on drugs has failed and has helped create a criminal underworld — could apply equally to the war on the world's oldest profession, as the resolution makes clear.
"The judicial and criminal systems over the years have consistently marginalized the most vulnerable people in our society," the resolution says.
"Limiting sex trade workers to the street puts them at a greater risk of human trafficking, assault, murder and other violent and malicious crimes."
Pro-legalization stance could be politically risky
However, prostitution is a more divisive issue than pot, raising questions about morality and exploitation of women.
And, as such, it would likely be much riskier politically for Trudeau to advocate legalization, especially since he's already fending off Tory attacks that he's soft on drug crime.
Kaiser dismissed suggestions passage of the prostitution resolution, combined with the party's stance on pot, could prove a lethal political combination.
"I don't think there's that risk," he said in an interview.
"I think what many people see is we're not afraid to take on tough issues, that we're willing to stand up for Canadians from all backgrounds and not just lawyers from downtown Toronto."
Trudeau's office coy on his current views
Still, Trudeau's wariness on prostitution — he's said nothing about the Supreme Court ruling — speaks volumes about his own assessment of the risk.
His office neatly straddled the fence when asked about the B.C. Liberal resolution to legalize prostitution.
"What the Supreme Court has unanimously said is that our laws do not do enough to protect some of the most vulnerable in our society," Trudeau spokeswoman, Kate Purchase, said in an email.
"Ultimately, the government must respond in a way that addresses both community safety and the security and safety of all those involved in the sex trade."


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View this list sorted by case name.
Kennedy v. Plan Administrator for Dupont Savings, No. 07-636 [Arg: 10.07.08 Trans.; Decided 01.26.2009]
Issue(s): Whether ERISA's Qualified Domestic Relations Order provision is the only valid way a divorcing spouse can waive her right to receive her ex-husband's pension benefits under ERISA.
Vaden v. Discover Bank, No. 07-773 [Arg: 10.06.2008 Trans.; Decided 03.09.2009]
Issue(s): Whether, under the Federal Arbitration Act, a suit seeking to enforce a state-law arbitration obligation arises under federal law if the petition to compel itself raises no federal question but the dispute sought to be arbitrated involves federal law.
Locke v. Karass, No. 07-610 [Arg: 10.6.2008 Trans.; Decided 01.21.2009]
Issue(s): Whether a public sector union may include in non-members' agency fees costs for litigation outside the bargaining unit.
Altria Group v. Good, No. 07-562 [Arg: 10.06.2008 Trans.; Decided 12.15.2008]
Issue(s): Whether the Federal Cigarette Labeling and Advertising Act preempts state law deceptive practice claims in connection with the advertising of cigarettes as "light†or containing "lower tar and nicotine.â€
Arizona v. Gant, No. 07-542 [Arg: 10.07.2008 Trans.; Decided 04.21.2009]
Issue(s): Whether, under New York v. Belton (1981), police may conduct a warrantless search of a car if its recently arrested occupant poses no threat to officer safety or preservation of evidence.
Herring v. U.S., No. 07-513 [Arg: 10.07.2008 Trans.; Decided 01.14.2009]
Issue(s): Whether the exclusionary rule should apply to evidence seized incident to an arrest unlawful under the Fourth Amendment due to erroneous information negligently provided by another law enforcement agency.
Winter v. Natural Resources Defense Council, No. 07-1239 [Arg: 10.08.2008 Trans.; Decided 11.12.2008]
Issue(s): Whether courts below properly enjoined the Navy's use of sonar during certain training exercises for failure to conduct an environmental impact statement over a finding of emergency circumstances by the Council on Environmental Quality.
Summers v. Earth Island Institute, No. 07-463 [Arg: 10.08.2008 Trans.; Decided 03.03.2009]
Issue(s): Whether a group of environmental organizations had established standing to contest a series of Forest Service regulations, and whether the challenge was ripe for review under the APA.
Crawford v. Metropolitan Government of Nashville, No. 06-1595 [Arg: 10.08.2008 Trans.; Decided 01.26.2009]
Issue(s): Whether and to what extent Title VII's anti-retaliation provision protects employees from being fired for cooperating with an employer's internal sexual harassment investigation.
Oregon v. Ice, No. 07-901 [Arg: 10.14.2008 Trans.; Decided 01.14.2009]
Issue(s): Whether, under Apprendi v. New Jersey (2000) and Blakely v. Washington (2004), a sentencing judge violates the Sixth Amendment by imposing consecutive sentences based on a fact not found by the jury or admitted by the defendant.
Pearson v. Callahan, No. 07-751 [Arg: 10.14.2008 Trans.; Decided 01.21.2009]
Issue(s): Whether, for qualified immunity purposes, police officers may enter a home without a warrant on the theory that the owner consented to the entry by previously permitting an undercover informant into the home. (Note: in addition to the questions presented, the Court directed the parties to brief and argue the following question: "Whether the Court's decision in Saucier v. Katz, 533 U.S. 194 (2001) should be overruled?â€)
Bartlett v. Strickland, No. 07-689 [Arg: 10.14.2008 Trans.; Decided 03.09.2009]
Issue(s): Whether a racial minority group that constitutes less than 50% of a proposed district's population can state a vote dilution claim under Section 2 of the Voting Rights Act.
Waddington v. Sarausad, No. 07-772 [Arg: 10.15.2008 Trans.; Decided 01.21.2009]
Issue(s): Whether, on federal habeas review, courts must accept state court determinations that jury instructions fully and correctly set out state law with regard to accomplice liability.
Hedgpeth v. Pulido, No. 07-544 [Arg: 10.15.2008 Trans.; Decided 12.02.2008]
Issue(s): Whether, on habeas review, the 9th Circuit erred in granting relief by deeming an erroneous jury instruction to constitute structural error requiring reversal because the jury may have relied upon it.
Ysursa v. Pocatello Education Association, No. 07-869 [Arg: 11.03.08 Trans.; Decided 02.24.2009]
Issue(s): Whether, under the First Amendment, a state legislature may bar political subdivisions from making payroll deductions for political activities.
Wyeth v. Levine, No. 06-1249 [Arg: 11.03.08 Trans.; Decided 03.04.2009]
Issue(s): Whether federal law preempts state torts claims imposing liability on drug labeling that the FDA had previously approved.
U.S. v. Hayes, No. 07-608 [Arg: 11.10.08 Trans.; Decided 02.24.2009]
Issue(s): Whether, to qualify as a "misdemeanor crime of domestic violence" under 18 U.S.C. § 922(g)(9), the offense must have as an element a domestic relationship between the offender and the victim.
Carcieri v. Kempthorne, No. 07-526 [Arg: 11.03.2008 Trans.; Decided 02.24.2009]
Issue(s): Whether the Narrangansett Tribe may receive benefits under the Indian Reorganization Act of 1934 if the Tribe was not federally recognized on the date of enactment, and whether the Rhode Island Indian Claims Settlement Act foreclosed the Tribe's right to exercise sovereignty over land in the state.
Jimenez v. Quarterman, No. 07-6984 [Arg: 11.04.2008 Trans.; Decided 01.13.2009]
U.S. v. Eurodif, No. 07-1059 [Arg: 11.04.2008 Trans.; Decided 1.26.2009]
Issue(s): Whether contracts for uranium enrichment services are subject to federal anti-dumping laws.
FCC v. Fox Television Stations, No. 07-582 [Arg: 11.04.2008 Trans.; Decided 04.28.2009]
Issue(s): Whether the FCC provided an adequate explanation, or instead acted arbitrarily and capriciously, in changing its policy to permit isolated uses of expletives on broadcast television to be considered "indecent†under federal law.
Van de Kamp v. Goldstein, No. 07-854 [Arg: 11.05.2008 Trans.; Decided 01.26.2009]
Issue(s): Whether district attorney supervisors are entitled to civil immunity from allegations they failed to ensure line prosecutors were aware, and thus able to disclose to the defendant, that a jailhouse informant was to receive benefits in exchange for his testimony.
Negusie v. Mukasey, No. 07-499 [Arg: 11.06.2008 Trans.; Decided 03.03.2009]
Issue(s): Whether the provision of the Immigration and Naturalization Act that prohibits the granting of asylum to individuals found to have themselves engaged in persecution applies to those who were compelled to do so by threats of deaths or torture.
Melendez-Diaz v. Massachusetts, No. 07-591 [Arg: 11.10.2008 Trans./Aud.; Decided 06.25.2009]
Issue(s): Whether a state forensic analyst's laboratory report prepared for use in a criminal prosecution is "testimonial" evidence subject to the demands of the Confrontation Clause as set forth in Crawford v. Washington (2004).
Chambers v. U.S., No. 06-11206 [Arg: 11.10.2008 Trans.; Decided 01.13.2009]
Issue(s): Whether a failure to report to prison is the equivalent of escape for purposes of enhanced sentencing under the Armed Career Criminal Act.
Bell v. Kelly, No. 07-1223 [Arg: 11.12.2008 Trans.; Decided 11.17.2008]
Issue(s): Whether 28 U.S.C 2254, the federal habeas provision governing claims adjudicated on the merits in state court, should be applied to claims based on evidence of ineffective assistance of counsel the state court refused to consider.
Pleasant Grove City, UT v. Summum, No. 07-665 [Arg: 11.12.2008 Trans.; Decided 02.25.2009]
Issue(s): Whether, under the First Amendment, privately donated monuments placed in a public park qualify as private or government speech.
Kansas v. Colorado, No. 105 Orig [Arg: 12.01.2008 Trans.; Decided 03.09.2009]
Issue(s): Whether 18 U.S.C. § 1821(b), which limits expert witness fees to $40 per day, applies to cases arising under the Supreme Court's original jurisdiction.
14 Penn Plaza LLC v. Pyett, No. 07-581 [Arg: 12.01.2008 Trans.; Decided 04.01.2009]
Issue(s): Whether an arbitration clause in a collective bargaining agreement waiving employees' right to file statutory discrimination claims is enforceable.
Fitzgerald, et vir v. Barnstable School Committee, et al., No. 07-1125 [Arg: 12.02.2008 Trans.; Decided 01.21.2009]
Issue(s): Whether Title IX precludes Section 1983 constitutional claims to remedy sex discrimination in educational settings.
Entergy Corp. v. EPA, No. 07-588 [Arg: 12.02.2008 Trans.; Decided 04.01.2009]
Issue(s): Whether the Clean Water Act permits the EPA to undergo a cost-benefit analysis in determining the most environmentally friendly technology at cooling water intake structures, and to regulate such structures at existing as well as new facilities.
Haywood v. Drown, No. 07-10374 [Arg: 12.03.2008 Trans.; Decided 05.26.2009]
Issue(s): Whether a state law barring state courts from hearing damages actions against corrections officers violates the Supremacy Clause by not permitting adjudication of claims under 42 USC 1983.
Philip Morris USA v. Williams, No. 07-1216 [Arg: 12.03.2008 Trans.; Decided 03.31.2009]
Issue(s): Whether the Supreme Court of Oregon, on remand from the Court's 2007 decision on the constitutionality of a $79.5 million punitive damages award based on harms done to non-named plaintiffs, improperly asserted a state law procedural bar having the effect of precluding Phillip Morris from asserting a constitutional claim.
Shinseki v. Sanders, No. 07-1209 [Arg: 12.08.2008 Trans.; Decided 04.21.2009]
Issue(s): Whether courts must presume the failure of the Department of Veterans' Affairs to give notice to benefits' claimants to be prejudicial.
Pacific Bell Telephone Co., dba AT&T California v. linkLine Communications, No. 07-512 [Arg: 12.08.2008 Trans.; Decided 02.25.2009]
Issue(s): Whether Section 2 of the Sherman Antitrust Act permits a "price squeeze†claim if the defendant has no duty to deal.
Arizona v. Johnson, No. 07-1122 [Arg: 12.09.2008 Trans.; Decided 01.26.2009]
Issue(s): Whether, in the context of a vehicular stop for a minor traffic infraction, an officer may conduct a pat-down search of a passenger when the officer has an articulable basis to believe the passenger might be armed and presently dangerous, but had no reasonable grounds to believe that the passenger is committing, or has committed, a criminal offense.
Cone v. Bell, No. 07-1114 [Arg: 12.09.2008 Trans.; Decided 04.28.2009]
Issue(s): Whether a federal habeas claim is "procedurally defaulted†because it has been presented twice to the state courts, and whether a federal habeas court is powerless to recognize that a state court erred in holding that state law precludes reviewing a claim.
Ashcroft, Former ATT'Y Gen. v. Iqbal, No. 07-1015 [Arg: 12.10.2008 Trans.; Decided 05.18.2009]
Issue(s): Whether current and former federal officials, including FBI Director Robert Mueller and former Attorney General John Ashcroft, are entitled to qualified immunity against allegations they knew of or condoned racial and religious discrimination against individuals detained in the wake of the September 11 attacks.
AT&T Corp. v. Hulteen, No. 07-543 [Arg: 12.10.2008 Trans.; Decided 05.18.2009]
Issue(s): Whether employers violate Title VII by not fully restoring service credit for pregnancy leaves taken before the 1978 passage of the Pregnancy Discrimination Act.
Harbison v. Bell, No. 07-8521 [Arg: 01.12.2009 Trans.; Decided 04.01.2009]
Issue(s): Whether the Terrorist Death Penalty Enhancement Act of 2005 provides prisoners sentenced under state law the right to federally appointed and funded counsel to pursue clemency under state law, and whether a district court's denial of such a request may be appealed without a certificate of appealability.
Coeur Alaska v. Southeast Alaska Conservation Council, et al. and Alaska v. Southeast Alaska Conservation Council, et al., No. 07-984 [Arg: 01.12.2009 Trans.; Decided 06.22.2009]
Issue(s): Whether the U.S. Army Corps of Engineers may not issue a permit for discharge of fill material otherwise subject to effluent limitations under Sections 301 or 306 of the Clean Water Act.
Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi, No. 07-615 [Arg: 01.12.2009 Trans.; Decided 04.21.2009]
Issue(s): Whether a disputed judgment against a military contractor at issue between Iran and the United States before the Claims Tribunal in The Hague is subject to attachment under the Victims of Trafficking and Violence Protection Act.
Vermont v. Brillon, No. 08-88 [Arg: 01.13.2009 Trans.; Decided 03.09.2009]
Issue(s): Whether delays caused by a public defender can deprive a criminal defendant of his right to a speedy trial.
Montejo v. Louisiana, No. 07-1529 [Arg: 01.13.2009 Trans.; Decided 05.26.2009]
Issue(s): Whether an indigent defendant must affirmatively accept the appointment of counsel to preclude future police interrogation in the absence the attorney.
Knowles v. Mirzayance, No. 07-1315 [Arg: 01.13.2009 Trans.; Decided 03.24.2009]
Issue(s): Whether the defendant's lawyer's recommendation to withdraw an insanity plea constituted ineffective assistance of counsel for purposes of federal habeas law.
Puckett v. U.S., No. 07-9712 [Arg: 01.14.2009 Trans.; Decided 03.25.2009]
Issue(s): Whether forfeited claims that the government breach a plea agreement are subject to "plain error†review.
Boyle v. U.S., No. 07-1309 [Arg: 01.14.2009 Trans.; Decided 06.08.2009]
Nken v. Holder, No. 08-681 [Arg: 01.21.2009 Trans.; Decided 04.22.2009]
Issue(s): Whether the decision of a court of appeals to stay an alien's removal pending consideration of the alien's petition for review is governed by the standard set forth in 8 U.S.C. 1252(f)(2) or instead by the traditional test for stays and preliminary injunctive relief.
Corley v. U.S., No. 07-10441 [Arg: 01.21.2009 Trans.; Decided 04.06.2009]
Issue(s): Whether federal law permits the suppression of a voluntary confession made more than six hours after arrest but before presentment to a magistrate, as a consequence of unreasonable delay in presentment.
Rivera v. Illinois, No. 07-9995 [Arg: 02.23.2009 Trans.; Decided 03.31.2009]
Issue(s): Whether the erroneous denial of a criminal defendant's preemptory challenge that resulted in the challenged juror being seated requires automatic reversal of a conviction.
U.S. v. Navajo Nation, No. 07-1410 [Arg: 02.23.2009 Trans.; Decided 04.06.2009]
Issue(s): Whether the Court's prior decision in United States v. Navajo Nation (2003) foreclosed a finding that the government breached fiduciary duties in connection with Indian coal lease amendments.
Burlington Northern and Santa Fe Railway Company, et al. v. U.S.; Shell Oil Company v. U.S., No. 07-1601 [Arg: 02.24.2009 Trans.; Decided 05.04.2009]
Issue(s): Whether the petitioners were incorrectly held jointly and severally liable for environmental cleanup costs under CERCLA.
Carlsbad Technology v. HIF Bio, No. 07-1437 [Arg: 02.24.2009 Trans.; Decided 05.04.2009]
Issue(s): Whether a federal court order remanding a case to state court after declining to exercise supplemental jurisdiction is subject to appellate review.
Flores-Figueroa v. U.S., No. 08-108 [Arg: 02.25.2009 Trans.; Decided 05.04.2009]
Issue(s): Whether an individual who used a false means of identification without knowing it belonged to another person can be convicted of "aggravated identity theft†under 18 U.S.C. 1028A(a)(1).
Hawaii v. Office of Hawaiian Affairs, No. 07-1372 [Arg: 02.25.2009 Trans.; Decided 03.31.2009]
Issue(s): Whether a 1993 congressional resolution requires Hawaii to reach a political settlement with native Hawaiians before transferring some 1.2 million acres of state land.
Atlantic Sounding Co., et al. v. Townsend, No. 08-214 [Arg: 03.02.2009 Trans.; Decided 06.25.2009]
Issue(s): Whether a seaman may recover punitive damages for the willful failure to pay maintenance and cure.
District Attorney's Office for the Third Judicial District, et al. v. Osborne, No. 08-6 [Arg: 03.02.2009 Trans.; Decided 06.18.2009]
Issue(s): Whether a defendant may access a state's biological evidence following a conviction under 42 U.S.C. 1983 or the Due Process Clause of the Fourteenth Amendment.
Arthur Andersen LLP v. Carlisle, No. 08-146 [Arg: 03.03.2009 Trans.; Decided 05.04.2009]
Issue(s): Whether, under the Federal Arbitration Act, federal circuits courts have jurisdiction to hear appeals of denials of motions to compel arbitration raised by parties that did not sign the underlying arbitration agreement.
Caperton v. A.T. Massey Coal Company, et al., No. 08-22 [Arg: 03.03.2009 Trans.; Decided 06.08.2009]
Issue(s): Whether a judge's failure to recuse himself from a case in which he received substantial campaign donations from one of the parties violates the Due Process rights of the other party.
Dean v. U.S., No. 08-5274 [Arg: 03.04.2009 Trans.; Decided 04.29.2009]
Issue(s): Whether, under 18 U.S.C.924(c)(1)(A)(iii), the mere discharge of a firearm during a crime of violence or drug trafficking, even if accidental, is subject to a ten-year sentencing enhancement.
Abuelhawa v. U.S., No. 08-192 [Arg: 03.04.2009 Trans.; Decided 05.26.2009]
Issue(s): Whether a person who uses a cell phone to buy drugs solely for personal use (a misdemeanor) can be charged with the separate crime of using a phone to facilitate the sale of drugs (a felony).
Yeager v. U.S., No. 08-67 [Arg: 03.23.2009 Trans.; Decided 06.18.2009]
Issue(s): Whether, under the Double Jeopardy Clause, the government may retry defendants acquitted of some charges on factually related counts on which the jury failed to reach a verdict.
U.S. v. Denedo, No. 08-267 [Arg: 03.25.2009 Trans.; Decided 06.08.2009]
Issue(s): Whether a military appellate court has jurisdiction to consider a petition for a writ of error coram nobis filed by a former service member following a final court-martial conviction.
Travelers Indemnity v. Bailey, et al.; Common Law Settlement Counsel v. Bailey, et al., No. 08-295 [Arg: 03.30.2009 Trans.; Decided 06.18.2009]
Issue(s): Whether a federal bankruptcy court can block private lawsuits that seek damages for injury and death due to exposure to asbestos.
Gross v. FBL Financial Services, No. 08-441 [Arg: 03.31.2009 Trans.; Decided 06.18.2009]
Issue(s): Whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive instruction in a non-Title VII discrimination case.
Polar Tankers v. City of Valdez, Alaska, No. 08-310 [Arg: 04.01.2009 Trans.; Decided 06.15.2009]
Issue(s): Whether a municipal tax that falls exclusively on large vessels in the city's harbor violates the Tonnage Clause, Commerce Clause, or Due Process Clause.
Horne v. Flores; Speaker of the Arizona House of Representatives v. Flores, No. 08-289 [Arg: 04.20.2009 Trans.; Decided 06.25.2009]
Issue(s): Whether the courts below improperly declined to modify an injunction against Arizona for failing to provide sufficient funding for non-English speaking school children.
Republic of Iraq v. Beaty, et al.; Republic of Iraq, et al. v. Robert Simon, et al., No. 07-1090 [Arg: 04.20.2009 Trans.; Decided 06.08.2009]
Issue(s): Whether U.S. Courts have jurisdiction over Iraq in claims involving alleged misdeeds that occurred during Saddam Hussein's regime.
U.S. ex rel. Eisenstein v. City of New York, No. 08-660 [Arg: 04.21.2009 Trans.; Decided 06.08.2009]
Issue(s): Whether the 30-day time limit in Federal Rule of Appellate Procedure 4(a)(1)(A) for filing a notice of appeal, or the 60-day time limit in Rule 4(a)(1)(B), applies to a qui tam action under the False Claims Act.
Safford United School District #1 v. Redding, No. 08-479 [Arg: 04.21.2009 Trans.; Decided 06.25.2009]
Issue(s): Whether the Fourth Amendment prohibits public school officials from conducting a strip search of a student suspected of possessing and distributing a prescription drug on campus in violation of school policy.
Ricci v. DeStefano, No. 07-1428 [Arg: 04.22.2009 Trans.; Decided 06.29.2009]
Issue(s): Whether municipalities may decline to certify results of an exam that would make disproportionately more white applicants eligible for promotion than minority applicants, due to fears that certifying the results would lead to charges of racial discrimination.
Bobby v. Bies, No. 08-598 [Arg: 04.27.2009 Trans.; Decided 06.01.2009]
Issue(s): Whether the holding of a state post-conviction hearing to determine the mental capacity of a capital defendant whose death sentence was affirmed before Atkins v. Virginia (2002), which barred the execution of mentally retarded defendants, violates the Double Jeopardy clause.
Nijhawan v. Holder, No. 08-495 [Arg: 04.27.2009 Trans.; Decided 06.15.2009]
Issue(s): Whether the petitioner's conviction for mail, bank and wire fraud qualified as an aggravated felony under the immigration laws, the penalty for which is lifetime banishment from the country.
Cuomo v. The Clearing House Ass'n, L.L.C., No. 08-453 [Arg: 04.28.2009 Trans.; Decided 06.29.2009]
Issue(s): Whether 12 U.S.C. § 484 and 12 C.F.R. § 7.4000 prohibit measures taken by the New York State Attorney General to enforce state fair lending law against national banks by subjecting those entities to visitorial powers.
Forest Grove School District v. T.A., No. 08-305 [Arg: 04.28.2009 Trans.; Decided 06.22.2009]
Issue(s): Whether parents of a student who has never previously received special education services from a school district may be eligible under the Individuals with Disabilities Education Act for reimbursement of private school tuition.
Northwest Austin Municipal Utility District Number One v. Holder, No. 08-322 [Arg: 04.29.2009 Trans.; Decided 06.22.2009]
Issue(s): Whether the appellant is eligible to bail out from the preclearance requirement of Section 5 of the Voting Rights Act, and whether Congress provided sufficient justification of current voting discrimination when extended the requirement in 2006 for another twenty-five years.
Al-Marri v. Spagone, No. 08-368 [ Decided 03.06.2009]
Issue(s): Whether Congress, in passing the Authorization for Use of Military Force after September 11, authorized the indefinite military detention of a legal immigrant seized on domestic soil whom the government alleged to have conspired with al Qaeda to carry out attacks against the United States.
Al-Marri v. Spagone, No. 08-368 [ Decided 03.06.2009]
Issue(s): Whether Congress, in passing the Authorization for Use of Military Force after September 11, authorized the indefinite military detention of a legal immigrant seized on domestic soil whom the government alleged to have conspired with al Qaeda to carry out attacks against the United States.