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By Mike Fegelman
By: Mike Fegelman, Executive Director
Did CBC falsely imply that Israel was responsible for the death of Gaza babies?
Respected Mideast
professor and director of the Global Research in International Affairs Center (GLORIA) asked this very question regarding a June 1 CBC National report which saw Chief Correspondent, Peter Mansbridge, erroneously refer to the Gaza Strip as having "an infant mortality rate among the highest in the world."
To view this report online please click here or on the image immediately below.
Writing on his blog "Rubin Reports," Professor Rubin expounded on this misstatement:
"Here's an example of the insanity and profound anti-Israel bias currently gripping mass media.
On June 1, Canadian Broadcasting Corporation (CBC) anchorman Peter Mansbridge stated that the Gaza Strip "has one of the world's highest infant mortality rates" The obvious implication: it is Israel's fault because of its sanctions.
In fact, the Gaza Striphas a lower infant mortality rate than Turkey, which has been a modern republic with full independence for about 80 years, and Iran, which enjoys the "benefits" of the kind of Islamist government which Hamas and the current Turkish government applaud.
According to the CIA World Factbook, regarded as a definitive source, the Infant Mortality Rate in the Gaza Strip is 17.71 deaths per 1000 births, about the same as Mexico and below that of Brazil, Romania, and many other countries. In neighboring Egypt, the number is 26.2, in Turkey, 24.8, and Iran, 34.7.
The kind of coverage given to living standards in the Gaza Strip seems an example of what sometimes seems a principle of Western journalism: Third World suffering is only of interest if it can be blamed on the West. Third World suffering is the world's lead news story only if it can be blamed on Israel."
HonestReporting Canada (HRC) communicated our concerns to senior editors at the CBC requesting that a review be conducted and that an on-air correction be issued promptly to remedy this error.
In a written response that was sent to HRC by the CBC, a senior editor said that the mistake was more than just problematic, "it is an error; although I certainly do not share Mr. Rubin's view that it indicates CBC's "profound anti-Israel bias". In an effort to give viewers a clearer picture of the Gaza Strip, the introduction to the report that night from Washington included statistics about Gaza's area, population, unemployment and infant mortality rates. However, in one instance, we inadvertently included inaccurate information. In fact – and as Mr. Rubin pointed out – according to the CIA World Factbook, a highly regarded source for such information, Gaza is about half way in a ranking of over 200 countries or regions, (109 out of 224) with an infant mortality rate of almost 18 per thousand live births, a little over four times Israel's. We regret the error. The Friday night (June 11) editions of The National included an on-air note offering viewers correct information."
To view the on-air notice which was read by CBC National anchor Heather Hiscox, please click here or on the image immediately below.
Ms. Hiscox stated the following: "Earlier this month we reported the Gaza Strip has an infant mortality rate among the highest in the world, but according to the CIA World Factbook, Gaza ranks 109 out of 224 regions in the world, with an infant mortality rate of almost 18 deaths per thousand live births."
While we appreciate and commend the fact that the CBC was quick to investigate this matter and to take the appropriate action in correcting this mistake, with that said, there was no indication given about how this error had occurred and how it had gotten past the trained eyes of the CBC's most veteran editors. Many questions still remain unanswered such as: What was the source of this original erroneous information? It certainly wasn't the CIA World Factbook, was it Amnesty International's (AI) error, as this CBC report attributed various statistics as being derived from AI? Was this just gross incompetence or intentional subterfuge? And finally, since when did the Palestinians achieve statehood? Why is it that this CBC report included a graphic which referred to the West Bank and Gaza as "Palestine" instead of the Palestinian territories?
We trust that this intervention will serve as a teachable moment for the CBC's reporters and editors who are keenly aware that their Mideast reporting is being vigilantly watched and scrutinized. ____________________________________________________________________________
What YOU Can Do NOW HonestReporting Canada – the only organization dedicated exclusively to ensuring fair and accurate Canadian media coverage of Israel needs your support. As you can see for yourself, our efforts do make a difference. Through your donations, you can help ensure that Canadian journalists are held to the highest standards of "honest reporting."
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NEW YORK -- The NFL conference title games' television viewership is up big from last season.
The Broncos' 26-16 win over New England for the AFC championship averaged 51.3 million viewers Sunday on CBS. That's up 22 percent from the early game a year ago between San Francisco and Atlanta.
The Seahawks' 23-17 victory over the 49ers in the NFC averaged 55.9 million viewers on Fox, up 17 percent from Ravens-Patriots in the late window in 2013.
CBS said Monday that Denver's win had a 28.1 rating and 51 share -- the second-highest rating for the AFC game in 17 years, behind a 28.3 for Jets-Steelers in 2011. Seattle's victory drew a 28.5/44, the highest-rated non-overtime NFC game since 1997.
Ratings measure the percentage of households with televisions watching a program, while shares represent the percentage of TVs in use at the time.

subset: commoncrawl


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* Rehearing denied 299 U.S. 624 , 57 S.Ct. 319, 81 L.Ed. --.[ United States v. Wood 299 U.S. 123 (1936) ]
[299 U.S. 123, 125] Messrs. Homer S. Cummings, Atty. Gen., and Paul S. McMahon, Asst. Atty. Gen., for petitioner.
Messrs. Wm. E. Leahy and Robert I. Miller, both of Washington, D.C., for respondent.
Mr. Chief Justice HUGHES delivered the opinion of the Court.
This case presents the question of the constitutional validity of the Act of Congress of August 22, 1935, c. 605, 49 Stat. 682, prescribing qualifications for service as jurors in the District of Columbia, as applied to criminal prosecutions.
The respondent was convicted of petit larceny in the Police Court of the District and was sentenced to imprisonment for 240 days. The larceny was from a private [299 U.S. 123, 131] corporation. On his trial twelve prospective jurors were called. Their examination showed that one was the holder of a 'bonus certificate'; others were employed as clerks in governmental departments, one in the United States Weather Bureau, another in the Federal Emergency Administration, a third in the Treasury Department, and a fourth in the Navy Yard. Another prospective juror was a housewife who received a Civil War pension. Each of these persons was challenged for cause upon the ground of interest in the United States government. The challenge was disallowed. Counsel for defendant then exhausted his three peremptory challenges and when the jury was finally selected there remained as jurors, despite a reiterated challenge for cause, the recipient of the Civil War pension and the two clerks employed in the Treasury Department and the Navy Yard respectively.
The action of the trial court was taken under the Act of August 22, 1935, which provides that persons of this description shall be eligible for jury service. 1 On appeal, [299 U.S. 123, 132] the Court of Appeals (65 App.D.C. 330, 83 F.(2d) 587, 589) thus stated the occasion for the statute, its purport, and the question it raises:
Dealing particularly with the qualification of governmental employees, the court answered this question in the affirmative and reversed the judgment of conviction. 65 App.D.C. 330, 83 F.(2d) 587. Because of the importance of the question, we granted certiorari. 298 U.S. 652 , 56 S.Ct. 947
First. The Sixth Amendment requires that 'in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.' The Amendment prescribes no specific tests. The bias of a prospective juror may be actual or implied; that is, it may be bias in fact or bias conclusively presumed as matter of law. There is no ground for a contention-and we do not find that such a contention is made-that Congress has undertaken to preclude the ascertainment of actual bias. All persons otherwise qualified for jury service are subject to examination as to actual bias. All the resources of appropriate judicial inquiry remain avail- [299 U.S. 123, 134] able in this instance as in others to ascertain whether a prospective juror, although not exempted from service, has any bias in fact which would prevent his serving as an impartial juror. In dealing with an employee of the government, the court would properly by solicitous to discover whether in view of the nature or circumstances of his employment, or of the relation of the particular governmental activity to the matters involved in the prosecution, or otherwise, he had actual bias, and, if he had, to disqualify him. No bias of that sort is shown in the instant case.
The question here is as to implied bias, a bias attributable in law to the prospective juror regardless of actual partiality. The contention of the defendant is that there must be read into the constitutional requirement an absolute disqualification in criminal cases of a person employed by the government, a disqualification which Congress is powerless to remove or modify. This contention gives rise to two inquiries-(1) Whether, in the practice in England prior to the adoption of the Amendment, or in the colonies, there was an absolute disqualification of governmental employees to serve on juries in criminal cases, and (2) whether, either because of that practice, or in reason, such a disqualification should be regarded as essential to the impartiality of the jury and hence beyond the reach of the legislative power. The government insists that both questions should be answered in the negative.
Second. The government has presented the result of elaborate research to show that throughout the long period from the development of the jury system to modern times, the English common law permitted a servant of the King to serve as a juror in crown cases, provided he had no actual bias.
Challenges at common law were to the array, that is, with respect to the constitution of the panel, or to the [299 U.S. 123, 135] polls, for disqualification of a juror. Challenges to the polls were either 'principal' or 'to the favor,' the former being upon grounds of absolute disqualification, the latter for actual bias. The government quotes the statements of early commentators from Fitzherbert to Hargrave, indicating that a principal challenge was not allowed in crown cases upon the ground that the prospective juror was a servant of the crown, and that a challenge for that reason, if permitted at all, was to the favor. 2 The government reviews the early cases in support of this conclusion. 3 It is not necessary to set forth these authorities in detail as there seems to be no controversy as to their purport. We give in the margin the analysis presented by respondent's counsel. 4 Their re sume is as follows: [299 U.S. 123, 136] 'From the above it seems that nineteen authorities hold that there is no principal cause of challenge against a Crown Servant; that twelve authorities hold that there is not even any challenge for favor. Fitzherbert, Coke, and Rex v. Hampden, 9 St.Tr. 1054, 1057, 1061, allow challenges for favor in respect of menial servants. Actual malice as distinguished from favor was allowed as a challenge by: Staunforde, Lord Hale, Duncombe, Hawkins, Matthew Bacon, Year Book 19 Ass. 62 Pl. 639, Rex v. Genney, Keilw. 102a, Reg. v. Blakeman, 175 Eng.Rpt. 479. Brooke allowed no challenge of any kind for the defendant but challenge of either kind for the king's side.'
Respondent's counsel quote from the commentators their statements of the reason why a crown servant was
___ Challenge Challenge "The Cases: In Principal To Favor "Year Book (1346) 19 Ass. 62, pl. 6 No No "Year Book, 4 Henry VII 8, P. pl. 7 No No "Year Book, 4 Henry VII, 3 H. pl. 5 No No "Rex v. Genney, (1508) Keilw. 102 a No No "Reg. v. Tutchin, 14 St. Tr. 1095, 1101 (1816) Doubtful No "Rex v. Hampden, (1683) 9 St.Tr., 1054, 1057-1061 No Not decided "Rex v. Parkyns (1695) 13 St.Tr.No.163 No No "Rex v. Rowan (1793) 22 St.Tr. 1034, 1037-1039 No No "Rex v. Kirwan, (1812) 31 St.Tr. 543 No Not decided "King v. Edmonds, (1821) 4 B. & Ald. 471, 106 Eng. Rpt. 1009 No No "Reg. v. Lacey, (1848) 3 Cox Cr.C. 517-519 No Not decided" [299 U.S. 123, 137] not challengeable, as that 'he should favor the King by reason of his obedience';5 or, as put by Lord Coke, 'because in respect of his allegiance he ought to favor the king more.' 6 Hargrave, expressing dissatisfaction with the reason assigned by Lord Coke, observed: 'But a better principle to found the rule upon was not unobvious; namely, that from the extensive variety of the king's connections with his subjects through tenures and offices, if favour to him was to prevail as an exception to a juror, it might lead to an infinitude of objections, and so operate as a serious obstruction to justice in suits in which he is a party.' 7 The discussion of the reason for the rule affirms its existence.
Whatever the reason, it is manifest, to say the least, that there was no settled practice under the English law establishing an absolute disqualification of governmental employees to serve as jurors in criminal cases. And such a disqualification cannot, upon the ground of such a practice, be treated as embedded in the Sixth Amendment. See Callan v. Wilson, 127 U.S. 540, 549 , 8 S.Ct. 1301; Thompson v. Utah, 170 U.S. 343, 350 , 18 S.Ct. 620; Patton v. United States, 281 U.S. 276, 288 , 50 S.Ct. 253, 254, 70 A.L.R. 263; Dimick v. Schiedt, 293 U.S. 474, 476 , 487 S., 55 S.Ct. 296, 301, 95 A. L.R. 1150; Continental Illinois Bank & Trust Co. v. Rock Island Railway, 294 U.S. 648, 669 , 55 S.ct. 595, 603; 2 Story on the Constitution, 1791.
We turn to the question whether in the colonies, or in the states at the time of the adoption of the Sixth Amendment, there was such a disqualification. We find no satisfactory evidence to that effect. Counsel for the government say that the practice in the colonies prior to the adoption, of the Federal Constitution 'apparently cannot be ascertained.' They say that they have searched 'the available reports and authorities without finding anything of relevance.' The researches of respondent's counsel [299 U.S. 123, 138] have not supplied the lack. They urge that, to make the exception applicable, the government must affirmatively show that the colonists recognized the exception in favor of the King's servants at the time the Sixth Amendment was formulated. But before we can read an absolute disqualification into the Amendment because of a rule obtaining in the colonies different from that obtaining in England, we must have proof that there was a different rule. Respondent's contention is based upon a supposed acceptance of Blackstone's statement of the grounds of a principal challenge:
Undoubtedly, as we have frequently said, the framers of the Constitution were familiar with Blackstone's Commentaries. Many copies of the work had been sold here and it was generally regarded as the most satisfactory exposition of the common law of England. Schick v. United States, 195 U.S. 65, 66 , 69 S., 24 S.Ct. 826, 1 Ann.Cas. 585. But in this instance we think the point is pressed too far. It will be observed that Blackstone does not refer specifically to the subject now under discussion. His statement has relation to masters and servants of private parties. And, while at another place he makes the general statement that challenges in criminal cases may be made 'for the very same [299 U.S. 123, 139] reasons that they may be made in civil causes' (4 Bl.Com. 352), he makes no mention in either instance of the practice in crown cases with respect to servants of the crown. Blackstone's failure to refer to that historic exception is obviously not enough to refute the proof of its existence as shown by the affirmative statements of other commentators and the decided cases. We think that his omission to mention the case of crown servants cannot be regarded as a sufficient basis for holding, in the absence of other evidence, that the common-law rule was different in the colonies from that in England, much less that the Congress which proposed the Sixth Amendment, or the state Legislatures which ratified it, undertook to establish an absolute disqualification of all governmental employees beyond the control of the congressional power.
Respondent relies upon our decision in Crawford v. United States, 212 U.S. 183 , 29 S.Ct. 260, 15 Ann.Cas. 392. That was a prosecution in the District of Columbia for conspiracy to defraud the United States in relation to a contract with the Post Office Department. One of the grounds of reversal of the judgment of conviction was the overruling by the trial court of a challenge to a juror who was a clerk in charge of a subpostal station located in a drug store. The Court referred to the qualifications for jurors prescribed by section 215 of the Code of Laws for the District (D.C.Code 1929, T. 18, 357) and to the provision of section 217 (see D.C.Code 1929, T. 18, 360) exempting from jury duty 'salaried officers of the Government.' Assuming the contention to be sound that the mere fact that a proposed juror was such a salaried officer could be ground only for his own claim of exemption, the Court expressed the opinion that the provisions of the sections of the Code did not embrace the entire subject of the qualifications of jurors; that by the common law there was a further qualification; and that under that law in force in Maryland, and applicable to the District, the court should have held the juror disqualified by reason of his employment. Id., 212 U.S. 183 , at pages 195, 196, 29 S.Ct. 260, 15 Ann.Cas. 392. [299 U.S. 123, 140] It will be observed that the employment was in the very department to the affairs of which the alleged conspiracy related. But the decision took a broader range and did not rest upon that possible distinction. The Court was not aided by a careful or comprehensive presentation of the English precedents and it was not shown that the courts of Maryland had passed upon the point. The above-mentioned statement of Blackstone was cited for the proposition 'that one is not a competent juror in a case if he is master, servant, steward, counsellor or attorney of either party.' The Court also cited the decision in Block v. State, 100 Ind. 357, 362, which was said to follow that rule of the common law. In that case the juror was a deputy of the prosecuting attorney. The latter, as the state court said, 'was, by analogy and for all practical purposes, the plaintiff in the prosecution' and the deputy 'had become and was the employee and subordinate of the prosecuting attorney' and therefore 'impliedly biased' ( Id., 100 Ind. 357, at page 364).8 In the Crawford Case this Court also referred to the decisions cited in the dissenting opinion in the court below (30 App.D.C. 1, at page 33) to the effect that 'a clerk or employee of a private party or of a corporation is not qualified to sit as a juror,' and it was said that while the cases cited were civil cases, the rule applied to criminal cases as well. 9 The rule [299 U.S. 123, 141] which had obtained in England with respect to the qualifications of servants of the crown to serve as jurors in crown cases was not mentioned and the authorities to which we have referred in that relation were not brought to the attention of the Court.
In the light of the English precedents, and in the absence of any satisfactory showing of a different practice in the colonies, we are unable to accept the ruling in the Crawford Case as determinative here or to reach the conclusion that it was a settled rule of the common law prior to the adoption of the Sixth Amendment that the mere fact of a governmental employment, unrelated to the particular issues or circumstances of a criminal prosecution, created an absolute disqualification to serve as a juror in a criminal case.
Third. Even if it could be said that at common law such a disqualification existed, we are of the opinion that Congress had power to remove it. That point was not touched in the Crawford case. Indeed it was said, referring to the Code of Laws of the District of Columbia, that if the provision of section 215, together with section 217, 'were alone to be considered, it might be that the juror was qualified.' And, further, in referring to Block v. State, supra, the ruling there was summarized as being to the effect 'that the Indiana statute upon the qualifications of jurors did not strike out the rule of the common law on the subject, when not inconsistent with the statute.' [299 U.S. 123, 142] The observations of the Court in the Crawford Case, in the absence of such an act of Congress as that now under consideration, should not be taken as attempting to set up an absolute rule to be applied in the face of specific legislation. The question of legislative power was neither presented nor passed upon.
Whether a clause in the Constitution is to be restricted by a rule of the common law as it existed when the Constitution was adopted depends upon the terms or nature of the particular clause. Continental Nat. Bank & Trust Co. v, Rock Island Railway, supra. We have frequently adverted to the firm place which the jury as a fact-finding body holds in our history and jurisprudence. Dimick v. Schiedt, supra, 293 U.S. 474 , at pages 485, 486, 55 S.Ct. 296, 300, 95 A.L.R. 1150. The Constitution would have been 'justly obnoxious to the most conclusive objection' if the right of trial by jury, as the bulwark of civil and political liberties, had not been recognized and confirmed 'in the most solemn terms.' Id.; 2 Story on the Constitution, 1779. And the importance of safeguarding the complete integrity of the jury in the full sense of the Constitution is not to be gainsaid.
We have described the essential elements of 'trial by jury.' In Patton v. United States, supra, we said that these elements as recognized in this country and England when the Constitution was adopted were '(1) the jury should consist of twelve men, neither more nor less; (2) that the trial should be in the presence and under the superintendence of a judge having power to instruct them as to the law and advise them in respect of the facts; and (3) that the verdict should be unanimous.' None of these elements is involved here.
The Sixth Amendment was not needed to require trial by jury in cases of crimes. That requirement is provided by article 3, 2, cl. 3. The Sixth Amendment provided further assurances. It added that in all criminal prosecutions the accused shall enjoy the right 'to a [299 U.S. 123, 143] speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the Assistance of Counsel for his defence.' These requirements as to speed, publicity, impartiality, information as to the charge, confrontation with witnesses, compulsory process, and assistance of counsel are all of first importance. But it would hardly be contended that in all these matters regard must be had to the particular forms and procedure used at common law. These requirements relate to matters of substance and not of form. And the true purpose of the Amendment can be achieved only by applying them in that sense.
In construing the Seventh Amendment providing for the preservation of trial by jury in suits at common law, and that no fact tried by a jury shall be otherwise reexamined 'than according to the rules of the common law,' we have said that the aim of the Amendment was 'to preserve the substance of the common-law right of trial by jury, as distinguished from mere matters of form or procedure.' Baltimore & Carolina Line v. Redman, 295 U.S. 654, 657 , 55 S.Ct. 890, 891. See, also, Walker v. New Mexico & Southern Pacific R. Co., 165 U.S. 593, 596 , 17 S.Ct. 421; Gasoline Products Co. v. Champlin Refining Co., 283 U.S. 494, 498 , 51 S.Ct. 513, 514. We held in Re Peterson, 253 U.S. 300 , 40 S.Ct. 543, that there was no constitutional obstacle to the appointment by a federal court of an auditor in aid of jury trials although the practice in question had not obtained prior to the adoption of the Constitution either in England or in the colonies in connection with trial by jury. The ruling rested upon the fundamental consideration that 'New devices may be used to adapt the ancient institution to present needs and to make of it an efficient instrument [299 U.S. 123, 144] in the administration of justice. Indeed, such changes are essential to the preservation of the right.' Id., 253 U.S. 300 , at pages 309, 310, 40 S. Ct. 543, 546.
This principle of construction has also had notable application to the requirement of trial by jury in criminal prosecutions. In the recent case of Funk v. United States, 290 U.S. 371, 372 , 54 S.Ct. 212, 216, 93 A.L.R. 1136, this Court, without the aid of legislative enactment, held that the wife of the defendant on trial for a criminal offence in a federal court was a competent witness in his behalf. The Court overruled cases to the contrary, sustaining the power of the federal courts 'to declare and effectuate, upon common-law principles, what is the present rule upon a given subject in the light of fundamentally altered conditions, without regard to what has previously been declared and practiced.' It was deemed to be axiomatic 'that the common law is not immutable but flexible, and by its own principles adapts itself to varying conditions.' Id., 290 U.S. 371 , at page 383, 54 S.Ct. 212, 216, 93 A.L.R. 1136. And what courts can thus do to assure the appropriate growth and adaptation of the law a fortiori can be achieved by the action of a competent Legislature.
In Patton v. United States, supra, the Court answered in the affirmative a question certified by the Circuit Court of Appeals (30 F.(2d) 1015) whether, in case a juror became incapacitated during a trial upon indictment, the defendant and the government could consent 'to the trial proceeding to a finality with 11 jurors' and the defendant could 'thus waive the right to a trial and verdict by a constitutional jury of 12 men.' The Court said that 'it may be conceded, at least generally, that under the rule of the common law the accused was not permitted to waive trial by jury.' But the Court did not think it necessary to consider that phase of the matter as 'the rule of the common law, whether exclusive or subject to exceptions, was justified by conditions which no longer exist.' Id., 281 U.S. 276 , at page 306, 50 S.Ct. 253, 261, 70 A.L.R. 263. And the Court found no convincing ground for holding that a waiver of a jury trial was not [299 U.S. 123, 145] as effective in the case of felonies as in that of misdemeanors. Id., 281 U.S. 276 , at page 309, 50 S.Ct. 253, 262, 70 A.L.R. 263.
The Sixth Amendment does not preclude legislation making women qualified to serve as jurors in criminal prosecutions although that was not permitted at common law. Tynan v. United States (C.C.A.) 297 F. 177, 178, 179; Hoxie v. United States (C.C.A.) 15 F.(2d) 762. Although aliens are within the protection of the Sixth Amendment, the ancient rule under which an alien might have a trial by jury de medietate linguae, 'one half denizens and the other aliens'-in order to insure impartiality-no longer obtains. 10 Congress has reduced the number of peremptory challenges of the accused. This number which was 'settled by the common law' at thirty-five and fixed by the statute 22 Hen. VIII, c. 14, at twenty (4 Bl.Com. 354) has been reduced in the case of felonies, other than treason or capital offences, to ten. 28 U.S.C. 424 (28 U.S.C.A. 424) Code D.C., tit. 6, 366. In Stilson v. United States, 250 U.S. 583, 586 , 40 S.Ct. 28, 29, 30, we said on this point: 'There is nothing in the Constitution of the United States which requires the Congress to grant peremptory challenges to defendants in criminal cases; trial by an impartial jury is all that is secured. The number of challenges is left to be regulated by the common law or the enactments of Congress.' And the same was held to be true of the authority of Congress to treat several defendants, for this purpose, as one party. It is not necessary to multiply illustrations of the familiar principle which while safeguarding the essence of the constitutional requirements permits readjustments of procedure consistent with their spirit and purpose.
Impartiality is not a technical conception. It is a state of mind. For the ascertainment of this mental atti- [299 U.S. 123, 146] tude of appropriate indifference, the Constitution lays down no particular tests and procedure is not chained to any ancient and artificial formula. State courts enforcing similar requirements of state constitutions as to trial by jury have held that legislatures enjoy a reasonable freedom in establishing qualifications for jury service, although these involve a departure from common law rules. This principle was thus stated by the Court of Appeals of New York in Stokes v. People, 53 N.Y. 164, 173, 13 Am. Rep. 492: 'While the Constitution secures the right of trial by an impartial jury, the mode of procuring and impaneling such jury is regulated by law, either common or statutory, principally the latter, and it is within the power of the legislature to make, from time to time, such changes in the law as it may deem expedient, taking care to preserve the right of trial by an impartial jury.' And in Brown v. State, 62 N.J. Law, 666, 678, 42 A. 811, 814, the Court of Errors and Appeals of New Jersey enunciated the same doctrine: 'The provision in our constitution (article 1, 8) that the accused should have a right to a speedy and public trial, by an impartial jury, secured to the accused a right to a trial by an impartial jury, by an express constitutional provision. The means by which an impartial jury should be obtained are not defined. In neither of the constitutional provisions on this subject is there any requirement with respect to challenges, or to the qualifications of jurors, or the mode in which the jury shall be selected. These subjects were left in the discretion of the legislature, with no restriction or limitation, except that the accused should have the right to be tried by an impartial jury.'
One of the grounds of principal challenge at common law was that a juror was 'related to either party within the ninth degree, though it is only by marriage.' 11 It appears that this restriction has been reduced in a num- [299 U.S. 123, 147] ber of states to degrees from the third to the sixth. 12 The common-law rule with respect to jurors who have formed an opinion upon the subject of the controversy has been liberalized by legislation which meets the essential condition of impartiality while taking account of modern conditions. 13 The disqualification of taxpayers in cases where a municipality is interested has been removed by statute in may states. 14 In Commonwealth v. Reed, 1 Gray (Mass.) 472, the court held that action of that sort was not a violation of the Massachusetts Declaration of Rights ( Const. pt. 1, art. 29) securing to every citizen 'the right to be tried by judges as free, impartial and independent, as the lot of humanity will admit.' The court thought that an exemption 'from an interest which is only theoretic or imaginary, or which is so remote and trifling and insignificant, that it may fairly be supposed to be incapable of affecting the judgment or of influencing the conduct of an individual, is not essential.' And referring to the particular contention as to the interest of a taxpayer of a town in the penalties demanded, the court added: 'Such an interest as arises from that cause is remote and minute; and it may well devolve upon the legislature to determine if it ought to disable an otherwise impartial citizen from serving in the capacity of a juror. The rule established by such authority must, in general, be the guide by which courts of law will be controlled.'
The ultimate question is not whether Congress has changed a common- law rule, but whether, in reason, an [299 U.S. 123, 148] absolute disqualification of governmental employees to serve as jurors in criminal cases is essential to the impartiality of the jury. The government stresses the factual situation in the District of Columbia before the enactment of the statute before us. Respondent replies that a large proportion of governmental employees are in any event disqualified because of legal residence elsewhere. But after making every allowance for that class, it is still true that in the District of Columbia there is a numerous body of persons15 who, except for the fact of governmental employment, would be eligible for service as jurors and whose service, by reason of their intelligence and character, would be highly desirable. That fact is emphasized by the congressional committees which recommended the passage of the act. 16 They stated, after referring to the exemptions then existing: 'These exemptions take from those who would otherwise be qualified some of the best jurymen available and makes the empanneling of a jury much more difficult.' The bill was recommended by the bar association of the district, by the district commissioners and by the corporation counsel. 17 It is manifest that the act was passed to meet a public need and that no interference with the actual impartiality of the jury was contemplated. The enactment itself is tantamount to a legislative declaration that [299 U.S. 123, 149] the prior disqualification was artificial and not necessary to secure impartiality.
Why should it be assumed that a juror merely because of employment by the government, would be biased against the accused? In criminal prosecutions the government is acting simply as the instrument of the public in enforcing penal laws for the protection of society. In that enforcement all citizens are interested. It is difficult to see why a governmental employee, merely by virtue of his employment, is interested in that enforcement either more or less than any good citizen is or should be. The instant case is a good illustration. The accused was on trial for theft from a store of a private corporation. Can it be seriously urged that to assure an impartial jury for his trial it is necessary to segregate governmental employees from other citizens of the District upon the theory that the former are biased against him? What possible interest in such a case has a governmental employee different from that of any citizen who wishes to see crime properly punished but is free from any actual bias against the alleged offender? And what appears to be so obviously true in this case of larceny would be true also in criminal prosecutions in general, running the gamut of offences from murder, burglary, and robbery to cheats and disturbances of the peace. We think that the imputation of bias simply by virtue of governmental employment, without regard to any actual partiality growing out of the nature and circumstances of particular cases, rests on an assumption without any rational foundation.
It is said that particular crimes might be of special interest to employees in certain governmental departments, as, for example, the crime of counterfeiting, to employees of the treasury. But when we consider the range of offences and the general run of criminal prosecutions, it is apparent that such cases of special interest [299 U.S. 123, 150] would be exceptional. The law permits full inquiry as to actual bias in any such instances. We repeat, that we are not dealing with actual bias and, until the contrary appears, we must assume that the courts of the District, with power fully adequate to the occasion, will be most careful in those special instances, where circumstances suggest that any actual partiality may exist, to safeguard the just interests of the accused. While bias, as has been said, is 'an elusive condition of the mind,' that consideration affords no ground for extreme and fanciful tests. To impute bias as matter of law to the jurors in question here would be no more sensible than to impute bias to all storeowners and householders in cases of larceny or burglary.
It is suggested that an employee of the government may be apprehensive of the termination of his employment in case he decides in favor of the accused in a criminal case. Unless the suggestion be taken to have reference to some special and exceptional case, it seems to us far- fetched and chimerical. It does not rise to the dignity of an argument to be addressed to the power of Congress to provide a reasonable scheme with respect to the qualifications of jurors. It belongs in the category of 'theoretic or imaginary' interests-' remote' and 'insignificant' as described in the Massachusetts case above cited.
Nor are we impressed with the contention that the qualification of governmental employees for jury service in criminal cases in the District of Columbia will impair the public respect in which the processes of the law should be held. On the contrary, we think that the spectacle of the exclusion en masse from that service of a body of citizens otherwise highly desirable in point of intelligence and character-solely by reason of their employment by the Government-and the imposition in consequence of a heavier burden upon other citizens, whether that exclusion would be in deference to a supposed an- [299 U.S. 123, 151] cient rule or because of a conclusive presumption of bias against an accused, would constitute a serious reproach to the competency and efficiency of the administration of the system of jury trials.
What has been said applies with equal force to the provisions of the statute qualifying those who receive governmental pensions and gratuities.
Fourth. Respondent also raises the question of the validity of the statute under the due process clause of the Fifth Amendment. For the reasons already given, we find nothing arbitrary or capricious in the legislative action.
The judgment of the Court of Appeals is reversed and the judgment of conviction is affirmed.
Mr. Justice McREYNOLDS, Mr. Justice SUTHERLAND, and Mr. Justice BUTLER are of opinion that the case is controlled by our decision in Crawford v. United States, 212 U.S. 183 , 29 S.Ct. 260, 15 Ann.Cas. 392, and that the rule there laid down should not now be departed from. They think the opinion of the court below is sound, and that its judgment should be affirmed.
Mr. Justice STONE took no part in the consideration or decision of this case.
[ Footnote 1 ] The provision is as follows:
This act amended the prior provision known as section 217 of the Code of Law for the District of Columbia approved March 3, 1901 (Code D.C.1929 tit. 18, 360), which provided:
[ Footnote 2 ] Fitzherbert, Abridgment, Challenge, 17, 63, 65, folios 172, 173 ( 1577 Ed.); Brooke, Abridgment, Challenge, 154, 155, folio 126; Staunforde, Pleas of the Crown, 162; Coke upon Littleton, I, 156a-156b; Hale, Pleas of the Crown, II, 271; Rolle, Abridgment, II, 645-646; Duncombe, Trials per Pais (9th Ed.) pp. 166, 167, 175, 189, 196, 203; Hawkins, Pleas of the Crown, II, c. 43, 32, 33; Bacon, Abridgment, V, Juries, 355; Viner, Abridgments, XXI, Trial, 243; Hargrave's Coke upon Littleton, I, 156; Chitty, Criminal Law, I, 539.
[ Footnote 3 ] Year Books, 19 Ass. 62, pl. 6, 4 Henry VII, 8, P. pl. 6; 4 Henry VII, 3, H. pl. 5; King v. Jenney (1509) Keilw. 97, 72 Eng.Rpt. 261; Rex v. Genney (1508) Keilw. 102a, 72 Eng.Rpt. 266; Reg. v. Tutchin, 14 St.Tr. 1095, 1101 (1816 Ed.); Rex v. Hampden (1683) 9 St.Tr. 1054, 1057-1061; Rex v. Parkyns (1695) 13 St.Tr. 163; Rex v. Rowan (1793) 22 St.Tr. 1034, 1037- 1039; Rex v. Kirwan (1812) 31 St.Tr. 543; The King v. Edmonds (1821) 4 B. & Ald. 471, 106 Eng.Rpt. 1009; Reg. v. Lacey (1848) 3 Cox, Cr.C. 517, 519.
[ Footnote 4 ] Respondent's brief states: 'The following gives a rough analysis of the Government's authorities on the right to challenge a King's Servant:
Challenge Challenge "Author In Principal To Favor
[ Footnote 5 ] Fitzherbert, op. cit. 63.
[ Footnote 6 ] Coke, op. cit. I, 156a.
[ Footnote 7 ] Hargrave, op. cit. I, 156.
[ Footnote 8 ] See, also, Zimmerman v. State, 115 Ind. 129, 17 N.E. 258; Gaff v. State, 155 Ind. 277, 58 N.E. 74, 80 Am.St.Rep. 235; Evans v. State, 13 Ga. App. 700, 79 S.E. 916; State v. Golubski (Mo.App.) 45 S.W.(2d) 873.
[ Footnote 9 ] But see as to various officers held to be qualified, when not found to have actual bias: Jackson v. State, 74 Ala. 26, 29 (coroner); Pate v. State, 158 Ala. 1, 3, 48 So. 388 (deputy sheriff); Spittorff v. State, 108 Ind. 171, 172, 8 N.E. 911 (bailiff); O'Connor v. State, 9 Fla. 215, 221, 222 (coroner); State v. Adams, 20 Iowa 486 (county supervisor); State v. McDonald, 59 Kan. 241, 244, 52 P. 453 (school district officers); State v. Carter, 106 La. 407, 30 So. 895 (constable); State v. Petit, 119 La. 1013, 44 So. 848 (deputy sheriff); State v. Foster, 150 La. 971, 985, 986, 91 So. 411 (deputy sheriff); Fellows' Case, 5 Me. 333, 334 (constable); State v. Wright, 53 Me. 328, 344, 345 (coroner); People v. Lange, 90 Mich. 454, 455, 51 N.W. 534 (justices of the peace); Classinger v. State, 24 Ohio St. 206 ( justice of the peace); State v. Cosgrove, 16 R.I. 411, 16 A. 900 ( constable); Burns v. State, 12 Tex.App. 269, 277, 278 (deputy sheriff); Mingo v. State, 61 Tex.Cr.R. 14, 15, 133 S.W. 882 (deputy sheriff); compare Chapman v. State, 66 Tex.Cr.R. 489, 491, 147 S.W. 580; State v. Parker, 104 Vt. 494, 497, 498, 162 A. 696 (deputy sheriff); Thompson v. Commonwealth, 88 Va. 45, 46, 13 S.E. 304 (city treasurer and councilman).
[ Footnote 10 ] See United States v. Cartacho, Fed.Cas.No.14,738; Respublica v. Mesca, 1 Dall. 73; People v. McLean, 2 Johns.(N.Y.) 381; Thompson & Merriam on Juries, 16, 17, and cases and statutes there cited.
[ Footnote 11 ] Chitty, op. cit. I, 541; Coke, op. cit. 157a; 3 Bl.Com. 363.
[ Footnote 12 ] See, for example, the provisions of state codes or general laws in Alabama, Code 1923, 8610; Arkansas, Crawford & Moses' Dig. 6334; Florida, Comp.Gen.Laws 1927, 4359; Indiana, Burns' Ann.St.1933, 9-1504, subd. 4; Louisiana, Code Prac. art. 507, subd. 1; Missouri, Mo.St.Ann. 8771, p. 4704; Tennessee, Code 1932, 10007; Vermont, P.L. 1237.
[ Footnote 13 ] See Stokes v. People, supra; Spies v. Illinois (Ex parte Spies), 123 U.S. 131 , 167-169, 8 S.Ct. 21; Hopt v. Utah, 120 U.S. 430 , 433-435, 7 S.Ct. 614.
[ Footnote 14 ] Coke, op. cit. I, 157a, 157b; Wood v. Stoddard, 2 Johns.(N.Y.) 194; Diveny v. City of Elmira, 51 N.Y. 506, 509, 510; Thompson and Merriam, op. cit. 179.
[ Footnote 15 ] The court below estimates that 'in the District of Columbia more than a hundred thousand government employees will be qualified as jurors if the statute is valid.' 65 App.D.C. 330, 83 F.(2d) 587, page 592.
[ Footnote 16 ] H.R.Rep.No.1421; Sen.Rep.No.1297; 74th Cong., 1st sess.
[ Footnote 17 ] Cong.Rec., 74th Cong., 1st sess., Vol. 79, pt. 12, p. 13401. The bill was drafted by a committee consisting of the president of the district bar association, the president of the Federation of Citizens' Associations, the chairman of the Traffic Committee of the Board of Trade, the president of the Federation of Civic Associations, a member of the Public Utilities Commission, and representatives of the district government. Sen.Rep.No. 1347.
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Citation: 299 U.S. 123
Docket No: No. 34
Argued: October 20, 1936
Decided: December 07, 1936
Court: United States Supreme Court
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text:
Not quite the same the springtime seems to me,
Since that sad season when in separate ways
Our paths diverged. There are no more such days
As dawned for us in that last time when we
Dwelt in the realm of dreams, illusive dreams;
Spring may be just as fair now, but it seems
Not quite the same.
Not quite the same in life, since we two parted,
Knowing it best to go our ways alone.
Fair measures of success we both have known,
And pleasant hours; and yet something departed
Which gold, nor fame, nor anything we win,
Can all replace. And either life has been
Not quite the same.
Love is not quite the same, although each heart
Has formed new ties, that are both sweet and true;
But that wild rapture, which of old we knew,
Seems to have been a something set apart
With that lost dream. There is no passion, now,
Mixed with this later love, which seems, somehow,
Not quite the same.
Not quite the same am I. My inner being
Reasons and knows that all is for the best.
Yet vague regrets stir always in my breast,
As my souls eyes turn sadly backward, seeing
The vanished self, that evermore must be,
This side of what we call eternity,
Not quite the same.


text:
I've noticed a strange pattern in a number of heartfelt conversations over the past several months. The pattern goes something like this:
Friend: [starting to tell me about a personal tragedy and how it affected them]
As I write this on December 22nd, I'm fully aware that the winter solstice has just passed, that each day will carry a bit more light until we reach the longest day of the year on June 20th. Yet as I was doing a bit of research just now, I was surprised to se...
March 2016: Reiki, Yoga, Spirit Seeker
January 2016: Top 5 Ways Reiki Can Help You Achieve Your 2016 Goals!
November 2015: Giving Thanks for Yoga, Massage, Reiki & YOU!
June 2015: Breathe and Connect!
April 2015: Truth: Reiki has changed my life. Could it change yours?
February 2015: Energy workshops, Reiki trainings, and how to maximize your massage time!
November 2014: Reiki in Hospitals and Another Self-Massage Video
September 2014: Self-Care and My YouTube Debut (Guest Starring a Foam Roller)
August 2014: More Reiki Science and Pain Explained
July 2014: Could your massage therapy be tax exempt? Plus Reiki discounts and more!
June 2014: Spring Into Change!
October 2013: Let the Healing Begin!
September 2013: It's All About Connections


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QuARRy Home
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Beth Pollard, an Instructor from San Diego State University, provides a clear list of required textbooks and course materials for students to easily access.
The Learning Glass with Matt Anderson
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San Diego State University Physics professor Matt Anderson, demonstrates his "Learning Glass" transparent whiteboard. Working with colleague Mark Hatay, he used LED side lighting on a Sapphire shower glass with neon dry-erase markers to create a see-through white board. A small mirror mounted in front of the camera flips the image right-side-out for viewers. This demonstration shows Matt Anderson's setup as he uses it for a sample lesson.


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Featured News - Current News - Archived News - News Categories
Twenty-three smiling New York City children boarded buses on Aug. 7, headed for the Western New York area, to reunite with their host families at the bus arrival in Amherst.
This summer, more than 4,000 youngsters will enjoy a summer outside of the city with volunteer host families in suburban, rural and small town communities across 13 states, from Virginia to Maine and Canada, through The Fresh Air Fund's Volunteer Host Family Program.
"I'm excited to go swimming and to watch the stars at night. I can't see them at night in the city!" explained 10-year-old Tyrone about his Fresh Air experiences.
Many volunteer families find their hosting experience so rewarding that more than 65 percent of all children are reinvited to stay with the same host families, year after year.
Since 1877, The Fresh Air Fund, an independent, not-for-profit agency, has provided free summer vacations to more than 1.7 million New York City children from low-income communities.
For more information about hosting a Fresh Air child, call Chris Tedesco at 1-585-208-1241 or visit The Fresh Air Fund online at www.freshair.org.


text:
Program Offers Research, Work Opportunities
By Jill Gambon
Mechanical engineering major Jaclyn Solimine spent her summer applying principles she learned in freshman courses to investigate the use of acoustics to detect wind turbine damage. Problems with turbine blades can impact performance, so early detection of damage is key to reliability.
Working with a faculty mentor, Asst. Prof. Murat Inapolat, Solimine researched techniques for detecting damage, conducted experiments and documented her progress. In the process, she learned about engineering and research methods and got her first hands-on professional experience, all before starting her sophomore year.
"It was a great opportunity to learn and I got to meet a lot of graduate students and professors," said Solimine, one of 104 rising sophomores who participated in this summer's Co-op Scholar program, which places high-achieving students in jobs both on and off campus.
The students, who were offered spots in the program before they started their freshman year, earned money while getting professional experience in their chosen disciplines. Students worked in teams or individually. They researched topics ranging from the packaging materials of soldiers' rations to the use of robots in treating autism.
"I developed hard skills with programming languages like HTML, CSS [Cascading Style Sheets] and JavaScript, and I also got to know more about Linux," said Tyler Puleo, a dual computer science and electrical engineering major who researched development of mobile applications for a data visualization project. "It was a great introduction to an actual work experience. I had high expectations for the Co-op Scholar program and it was even better than I expected."
Puleo worked with Assoc. Prof. Fred Martin of the Computer Science department on his iSense initiative, an Internet-based platform designed for data collection in middle and high school science classes.
Puleo and the other students presented posters of their work at an Aug. 7 event that was attended by professors, administrators and family members. In all, the students worked on 60 different projects.
"A year ago, most of you had just graduated high school – did you ever think you'd be doing this kind of research? The quality of the experiences you had and the work you are doing is amazing," Executive Vice Chancellor Jacqueline Moloney told the students at a lunch following the poster session.
Nursing student Katherine Gibbons said she gained invaluable experience through her work at the Lowell Community Health Center targeting teen pregnancies.
"I loved working directly with patients and working with my professor," said Gibbons, whose faculty mentor was Assoc. Prof. Ainat Koren.The Co-op Scholar program was launched in 2011 with a small pilot group of engineering students, and has since grown to include students in all schools. Students must sign a learning contract and have a faculty mentor to participate. They can work the summer following their freshman year or during the school year when they are sophomores.


text:
Awakened Leaders – Vlog Series
This month's guest on our vlog series on Awakened Leaders is Vince Siciliano, President and CEO of New Resource Bank . This is part 2 of 8 in our interview with Vince, and we'll release the rest of the interviews with Vince over the coming weeks.
In this interview, Vince shares his thoughts on what every leader should know about leadership, legacy and leadership practices.
About New Resource Bank
New Resource Bank is a mission-oriented bank based in San Francisco. As a result, they use money and banking to do good.
They advance sustainability with everything they do. From the loans they make to their commitment to using deposits for good, they work to transform banking and create a better world. Read more here.
About Vince Siciliano
A longtime environmentalist and finance leader, Vince has lead several financial institutions. Because of his leadership, 1st Pacific Bank of California was named the best-performing de novo bank in California.
Vince has been a member of the board of governors of the Savings and Community Bankers of America and the National Trade Association for the savings and loan industry, as well as a board member of the California League of Savings Institutions. He serves on the advisory board of the American Sustainable Business Council and is chairman of the board for the Ken Blanchard Center for Faith Walk Leadership.
Siciliano is a graduate of Stanford University and earned a master's degree in environmental planning from the University of California at Berkeley. He lives in Millbrae with his wife and is a proud father of two sons. Read more here.
We welcome your thoughts and feelings to this video. Please leave a reply below.
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text:
Ala. governor signs chemical castration bill into law
MONTGOMERY, Ala. (WSFA) - Alabama Gov. Kay Ivey has signed into law a bill that requires anyone convicted of a sex crime with a child younger than 13 to undergo chemical castration as a condition of their parole.
Under the new law, a person required to undergo the chemical castration must begin the treatment no less than one month prior to their release from custody, and must continue treatment until the court determine it's no longer necessary.
Rep. Steve Hurst, R-Calhoun County, sponsored the legislation and said last week it would help stop people from molesting children.
"People say this is inhumane. 'How can it be any more inhumane than molesting a small child?' Now that's one of the most inhumane things there are," Hurst said.
The Alabama Civil Liberties Union, which came out against against the legislation, said mandating chemical castration could violate the U.S. Constitution's 8th amendment, which forbids the use of cruel and unusual punishment.
The law requires the Alabama Department of Public Health to administer the treatment, which would reduce the production of testosterone or other hormones in the body.
"They really misunderstand what sexual assault is about, sexual assault isn't about sexual gratification. It's about power, it's about control," said Randall Marshall, the executive director with the ACLU of Alabama.
Ivey had been mum on whether she would support the legislation until ultimately giving it her approval on Monday, the final day for which she could sign bills into law following the legislative session.
Copyright 2019 WSFA 12 News. All rights reserved.


text:
Toward the end of the Sunday service, the Minister asked, "How many of you have forgiven your enemies?"
80% held up their hands.
The Minister then repeated his question. All responded this time, except one man, an avid golfer named Walter Barnes, who attended church only when the weather was bad.
"Mr. Barnes, it's obviously not a good morning for golf. It's good to see you here today. Are you not willing to forgive your enemies?"
"I don't have any," he replied gruffly.
"Mr. Barnes, that is very unusual.. How old are you?"
"Ninety-eight," he replied. The congregation stood up and clapped their hands.
"Oh, Mr. Barnes, would you please come down in front & tell us all how a person can live ninety-eight years & not have an enemy in the world?"
The old golfer tottered down the aisle, stopped in front of the pulpit, turned around, faced the congregation, and said simply, "I outlived all the sons of bitches."


text:
You asked, he answered. Find out what Grand Master Lu has to say about eczema from a TCM perspective.
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.


text:
CM Steering Meeting for September 21, 2023 canceled rescheduled for October 5. Our apologies for any inconvenience.
STP meeting for September 2023 is canceled. Our apologies for any inconvenience.
The Gateway Cities Council of Governments (GCCOG), under the leadership of The Los Angeles Cleantech Incubator (LACI), is one of seven recipients nationwide of U.S. Department of Energy (DOE) funding to accelerate the formation of...
August 09, 2019
Category: Board Meeting, Economic Development Working Group


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Up to [gforth] / gforth
Request diff between arbitrary revisions
Keyword substitution: kv
Default branch: MAIN
Current tag: MAIN
updated copyright years
added #LINE
updated copyright years
sourcepos words now maintain and print the position within the line (better output for ~~, assert(), etc.)
updated copyright year after changing license notice
updated copyright notices for GPL v3
updated copyright years for files changed in 2004
added BEFORE-WORD and OTHER-CONTROL-FLOW hooks changed profile.fs to use BEFORE-WORD hook and profile various control structs added count-calls? stuff to profile.fs minor changes
added Athlon64 benchmark result added depth-changes.fs and hook for that in kernel/input.fs made ~~ work in interpret state documented clearstacks
updated copyright years
factored out saving and restoring loadfilename (not relevant for new-input)
loadfilename#>str is now safer documented the interaction of markers and ~~ and assertions
replaced "*a file*" etc. with "*somewhere*"
replaced loadfilename# with loadfilename (bugfix)
source positions are now passed through literals instead of using return stack tricks; appropriate changes in the users of source.fs.
changed FSF address in copyright messages
updated dates in copyright messages inserted copyright messages in most files that did not have them removed outdated files engine/32bit.h engine/strsig.c
Added documentation for structures and object.fs Changed representation of structures from "size align" to "align size", and renamed 1 cells: to cell% etc. added %size and %alignment fixed search bug added command-line option --die-on-signal
jwilke's changes: Moved many files to other directories renamed many files other changes unknown to me.
added double indirect threaded version and making of fully relocatable images. added gforth-makeimage script for making fully relocatable images. removed locals bug in if else endif constructs. added mmap support for machines without MAP_ANON removed command-line options -c and -o moved definition of DOES_HANDLER_SIZE from machine.h to forth.h. added hpux FLUSH_ICACHE in m68k.h made source words print decimal
Steps to make 0.2.0 dist-ready.
replced tester.fs and coretest.fs with the new versions from John Hayes make mostlyclean virtualclean added Cache-flushing now works on the Alpha (other minor changes there) configure now uses gcc by default and passes its GCC variable to the Makefile introduced sourcefilename and sourceline# (and used them in many places).
source.fs contains some stuff factored out from assert.fs and debugging.fs cleanalign contains alignment-clean replacements for library functions


text:
Monday, March 15, 2010
Golden Beet and Hazelnut Salad
photo by Karen Mordechai
Our last beet recipe in this series is a grated beet and hazelnut salad. We love the simplicity of this recipe and found the fusion of the sweet golden beets and hazelnuts is quite perfect, the tartness of some fresh lemon juice makes all the difference. We used toasted hazelnuts as well as this wonderful roasted hazelnut oil, by la tourangelle which you can find at kalyustan's or online here .
4 small or 2 medium golden beets grated
3 tbsp Hazelnut oil
¼ cup Toasted hazelnuts roughly chopped
Juice of one lemon
1 tbsp Garlic Chives chopped
Salt + pepper to taste
Add lemon juice to the grated beets immediately to preserve color. Toss beets with hazelnut oil, hazelnuts, and chives. We added some of both nuts and garlic chives to top, and the salt and peppered to taste. Serves 2.
9 comments:
looks so great, like a beet slaw! I haven't tried eating raw beets but am quite intrigued.ReplyDelete
This is salad is stunning. Proof that simple is best.ReplyDelete
Looks delicious and beautiful! Makes me think of spaghetti squash a bit.ReplyDelete
- AnonymousMarch 16, 2010 at 3:31 PM
WOW, this looks amazing!!!ReplyDelete
Gorgeous dish!ReplyDelete
I am so glad that I found your blog! There are so many recipes I am excited to try. I will be formulating my shopping list around them tonight!ReplyDelete
this looks delicious! what a delightful a delightful blog. i'll be checking back often!ReplyDelete
I've always loved beets and hazelnuts together in a salad with other things---never thought to just put the 2 together on their own! NICE. can't wait to makeReplyDelete
I don't care for beets, but his might be the exception...the starched white linen napkin is perfect...smiles.ReplyDelete


text:
- City Fajr Shuruq Duhr Asr Magrib Isha
- Dubai 04:54 06:08 12:11 15:33 18:08 19:22
Sports Illustrated magazine on Thursday unveiled its annual swimsuit issue with models Nina Agdal, Lily Aldridge and Chrissy Teigen on the cover of its 50th anniversary edition.
Agdal, 21, from Denmark, and Americans Teigen and Aldridge, both 28, are the latest models to win a spot on the cover of the magazine's swimsuit issue, which has boasted the likes of Heidi Klum, Elle Macpherson, Tyra Banks and Kate Upton on its cover early in their careers.
The three models, wearing just bikini bottoms and knee-deep in light blue water, coyly turn their heads and smile with their backsides facing the camera on the cover.
Aldridge, who is best known as a Victoria's Secret underwear model, is the first Sports Illustrated model to grace the cover in her first appearance in the magazine since Klum did so in 1998.
The 50th anniversary cover that is seen by some 70 million readers in the magazine, online and on mobile devices was unveiled on ABC's late night talk show "Jimmy Kimmel Live."
The cover, which was photographed by James Macari, was projected onto a screen before a crowd outside the show's studio on Hollywood Boulevard in the historical heart of the US film business.
The Sports Illustrated swimsuit edition will be released on Feb. 18 and is the most widely read edition each year of the magazine, which is owned by Time Warner Inc. Being on the cover or inside its pages can launch a career for a model.
Agdal has appeared in swimsuit edition for the third consecutive year while Teigen, who married R&B singer John Legend last year, has been photographed by Sports Illustrated for each of the past five years.
It is also the first ensemble cover since 2006 and the fifth cover to have multiple models.
This year's golden anniversary issue will feature 22 former models, including 1964 inaugural cover model Babette March, 1970s supermodel Cheryl Tiegs, 1980s cover models Kathy Ireland and Paulina Porizkova as well as recent cover models Brooklyn Decker and Petra Nemcova.
"Sports Illustrated models represent the girl next door, only pretty," Tiegs said at an event last month celebrating the issue's 50th anniversary.
"They are not thin. For the most part, they are very athletic and healthy," Tiegs, 66, added. "That is the image they we portray."
Joining generations of swimwear models in the issue will be a pictorial spread of the plastic Barbie doll, who will appear in the black-and-white swimsuit the Mattel Inc figurine wore in her 1959 debut.
In mimicking Sports Illustrated's famous swimsuit shoots, 70-year-old fashion and sports photographer Walter Iooss Jr. took the photos of Barbie.
Built around the marketing slogan "unapologetic," the inclusion of Barbie in Sports Illustrated's swimsuit issue unites two brands long assailed by critics as promoting impossibly skinny looks and objectifying women.
Sports Illustrated, which was first published in 1954, developed the swimsuit edition to help the magazine's slow sales in the wintertime.
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HIV And Breast Cancer May Share A Common Enemy: Nelfinavir - 10/10/2012
HIV And Breast Cancer May Share A Common Enemy: Nelfinavir
Anti-HIV drug possible for breast cancer
Release Date: October 10, 2012
HER2-positive breast cancer cells make less HER2 protein (red) when treated with nelfinavir (right) than with placebo (left). Nuclei marked in blue.
Joong Sup Shim
After screening more than 2,300 drugs for their ability to halt the growth of breast cancer cells, Johns Hopkins researchers have discovered that the anti-HIV drug nelfinavir slows the progress of HER2-positive tumor cells, even if they are resistant to other breast cancer drugs.
In a report on the discovery published online Oct. 5 in the Journal of the National Cancer Institute, the investigators also say nelfinavir worked at concentrations already approved by the U.S. Food and Drug Administration. So-called HER2-positive breast cancers, which contain the protein HER2 and comprise 25 to 30 percent of cases, are more aggressive and less responsive to hormone treatments than HER2-negative cancers, a status that has fueled the search for better drug therapies and especially for ways to speed up the search by "repurposing" drugs already on the market.
"New drug development, beginning from scratch, is extremely expensive and time-consuming, taking an estimated $1 billion and more than 10 years to get each new compound to market," says Jun O. Liu, Ph.D., professor of pharmacology and molecular sciences at the Johns Hopkins University School of Medicine. "An existing drug has already passed most of the costly safety and regulatory hurdles," says Liu, who has worked on "repurposing" them for almost a decade.
To speed up drug discovery, Liu and his colleagues created the Johns Hopkins Drug Library, which currently includes nearly 2,900 drugs, most of which are FDA-approved. All have passed through phase I clinical trials to test their dosing safety.
In the new study, Liu and his team began with breast cancer cells from two patients, then tested all of the drugs in the library for their ability to stop cells from multiplying. Seventy of the best performers were selected for round two, in which they tested cells from seven patients, each genetically different, to see which drugs worked best.
Five of these drugs were selected for their ability to stop or slow the growth of HER2-positive cells. One of the five, nelfinavir, was selected for further testing because it appeared to work better than the others on HER2-positive cells and, says Liu, seemed to interfere with the protein HER2 itself. Nelfinavir was also already known to have a broad anti-cancer effect against melanoma, non-small-cell lung cancer and pancreatic cancer.
To see if nelfinavir worked in mice implanted with HER2-positive or HER2-negative human breast cancer cells, the team gave mice a fake drug or a human-dose equivalent of nelfinavir, then measured tumor size for a month. Nelfinavir slowed the growth of HER2-positive tumors, but had no effect on HER2-negative tumors in mice.
To see if nelfinavir could slow the growth of tumors that had become resistant to the commonly used breast cancer drugs trastuzumab and lapatinib, the researchers treated drug-resistant and non-drug-resistant cells growing in the lab with nelfinavir, trastuzumab or lapatinib. Only nelfinavir was able to prevent both drug-resistant and non-drug-resistant cells from growing.
When combating HIV, nelfinavir inhibits enzymes called proteases that break down proteins, and Liu's team wanted to know if nelfinavir uses that same mechanism to slow the growth of breast cancer cells. To test this, they gave nelfinavir to a wide variety of yeast cells, which are commonly used to study drug effects on genes because of the similarity between their cells and ours. Each type of yeast was genetically engineered to make less of a particular protein, making them more vulnerable to environmental stresses. They found that when yeast making less of the HSP90 protein were given the drug, the cells died, suggesting that nelfinavir interacts with HSP90, which is not a protease.
"This was interesting because we know that HSP90 also binds to HER2, and we now think that nelfinavir may be interfering with this interaction," says Liu. "This is a good starting point for clinical trials," he adds.
Other authors of the paper include Joong Sup Shim, Rajini Rao and Inkyu Han from The Johns Hopkins University; Kristin Beebe and Len Neckers from the National Cancer Institute; and Rita Nahta from Emory University School of Medicine.
This work was supported by grants from the National Cancer Institute (R01CA122814), the National Center for Research Resources (UL1 RR025005), Flight Attendant Medical Research Institute, the Commonwealth Foundation and the National Institute of Allergy and Infectious Diseases (R01AI065983).
Jun Liu on creating a drug library to find other uses for FDA approved drugs:
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Seize moment on entitlement reform
With the twin debacles of a government shutdown and a debt limit showdown behind us for a mere three months, we have little time before we face the prospect of yet another manufactured meltdown in the early days of 2014. Unfortunately, Congress is currently scheduled to be in session for only a small fraction of those days, given the Thanksgiving, Christmas and New Year holiday breaks.
Since it is clear that few members of Congress want to provoke yet another unnecessary crisis so quickly, my hope would be that House Republicans would move from something they can't do — repeal the Affordable Care Act — to something they can — enact meaningful entitlement reform.
There are two major reasons why this decision makes sense now.
First, as congressional negotiators renew their quest for a consequential budget agreement, there will never be a more opportune moment to look at federal entitlement spending, because there's more common ground than ever before. While Democrats oppose all efforts to repeal or defund the ACA, most acknowledge and actually support efforts to reform and modernize Medicare and Medicaid — unlike a few years ago.
This is an important development, because as legislators and others consider ways to reduce federal spending on entitlements, they have always had only two real choices. They can arbitrarily cut costs of health entitlements and merely shift those costs to others — including states, beneficiaries, employers or providers, as we have done innumerable times in the past. Or they can redesign and improve federal health programs to make them more efficient, with modernized benefits, vastly improved quality of delivery and significantly reduced cost. We know how to do this: putting more emphasis on prevention and wellness, new payment models and evidence-based and value-driven delivery reforms, along with far more transparency, new technology and improved scope of practice are just a few of the concepts that have already proved effective in accomplishing this goal.
Much of the groundwork has already been laid. Over the past two years, at the Bipartisan Policy Center, the Brookings Institution and the Center for American Progress, I have worked with both Republican and Democratic health-policy leaders who have served in government, analyzing and considering these and other reform options for both major federal health programs. While none of us supported every specific component of the proposals, we found common agreement on major improvements in quality and efficiency, representing hundreds of billions of dollars in scorable savings. I would urge the negotiators to review these and other proposals carefully. They are not meant to be the final word, and many of the proposals are controversial. Yet as a whole, they do reflect widespread consensus among a bipartisan group of people who have been engaged in public policy for decades. More important, they represent a start.
The second reason why modernizing Medicare and Medicaid makes sense now is that many in the private sector, and many states, are already engaged in building a new health paradigm. Over the past three years, we have witnessed enormously innovative change. As a result, cost growth is down, quality is improving and the American people have already benefited enormously from many of the changes that have occurred. Failure to commit to build on these reforms in this transformational moment will mean that the fragmentation and poor coordination between the public and private sectors will only continue, at great expense in American lives and resources.
As we look back over the past 3½ years since the passage of the ACA, one can only lament the divisiveness and political polarization that culminated in the tragedy of the past month. Not only was it completely unnecessary, it was also a lost opportunity to build on the common ground between the parties on the need to address cost, access and quality through meaningful insurance, payment and delivery reforms in both the public and private sectors.
The president must lead this effort. He indicated a willingness to put all options on the table once a settlement on the debt limit and government shutdown had been reached. With his leadership, we can maximize the opportunity that the coming months represent.
Obviously, entitlement reform alone is not sufficient for a comprehensive budget agreement. Other critical budget priorities, including the need for revenue for deficit reduction and tax progressivity along with infrastructure investment and an end to sequestration, should also be on the table. But as we look for common ground on health policy, the opportunity has never appeared more fertile.
The choice is clear. Lawmakers can continue to vote to repeal or defund the Affordable Care Act, moving us closer to a repeat of the nightmare we have all just experienced. Or they can change course to reach agreement on something far more constructive, overdue and promising.
They have three months to act.
Tom Daschle is former majority leader of the U.S. Senate.


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"CSI" Jerkoff Wrangles Posse, Chases Injured Photog
To get the full scope of Gary Dourdan's shocking, unprovoked attack against a TMZ photog, you must watch the entire 15-minute clip.
As we previously reported, the "CSI" star brutally attacks our guy, then speeds off on his Ducati. Apparently unaware that his camera is still recording, our photog captures Dourdan coming back for round two and recklessly chasing him around Hollywood.
Dourdan and his entourage, riding in a Town Car, chase the frightened photog as he begs passersby for help, ultimately flagging down a cab to get away from the mob.
UPDATE: CBS has issued the following statement about the incident, saying: The alleged incident has not affected production, as the show (CSI) is not currently in production. Rumors that he has been dropped from the show are absolutely false.
Warning: This video features explicit language .


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Debian Security Advisory
DSA-2649-1 lighttpd -- fixed socket name in world-writable directory
- Date Reported:
- 15 Mar 2013
- Affected Packages:
- lighttpd
- Vulnerable:
- Yes
- Security database references:
- In Mitre's CVE dictionary: CVE-2013-1427.
- More information:
Stefan Bühler discovered that the Debian specific configuration file for lighttpd webserver FastCGI PHP support used a fixed socket name in the world-writable /tmp directory. A symlink attack or a race condition could be exploited by a malicious user on the same machine to take over the PHP control socket and for example force the webserver to use a different PHP version.
As the fix is in a configuration file lying in /etc, the update won't be enforced if the file has been modified by the administrator. In that case, care should be taken to manually apply the fix.
For the stable distribution (squeeze), this problem has been fixed in version 1.4.28-2+squeeze1.3.
For the testing distribution (wheezy), this problem has been fixed in version 1.4.31-4.
For the unstable distribution (sid), this problem has been fixed in version 1.4.31-4.
We recommend that you upgrade your lighttpd packages.


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Monday, October 3, 2011
EAD Blog Hop! ETA: And a GIVEAWAY!!!!!
16 comments:
OMG girl....love love love your post...that wall art {seriously huge AWWWWWWWWWW!!!!!} and your card is stinkin' cute...welcome welcome, we're sooooo happy to have you designing with us this month!!!!ReplyDelete
just adorable! I love that over your boy's pic! your card is too cute too! congrats on being this months Guest Designer with us!ReplyDelete
- AnonymousOctober 3, 2011 at 7:14 AM
This turned out so cute.. I LOVE IT.. and your card is ADORABLE...So happy to have you this month:)ReplyDelete
Wowowowowza! I love how you have the canvas below the words/vinyl! LOOOOOOOVE it--super clever! And your card--adorable! LOVE LOVE LOVE:)ReplyDelete
Seriously Ashley! How adorable! I would love to win the vinyl. I too have two little boys. You are so creative and I love the way the vinyl fits in with your house so well! Congrats on being the guest dt also!ReplyDelete
Congrats! That pic of your boys is just adorable!! Cool quote too. And I luv your card! That panda is super Cuuuute! Are you going to Amy Tangerine's class at OPP?ReplyDelete
Congratulations on being a Guest Designer! I LOVE the wall art! Adorable :)ReplyDelete
Thanks for sharing!
papercraftjenny (at) gmail (dot) com
Super cute boys!! Mine have stolen my heart also! I definitely need one of those vinyls for my own wall!ReplyDelete
Love your blog, as always!
Aw! Sweetest project ever.ReplyDelete
As a mom of buys myself, I'd love to win :-)
I am the mom of 4 boys! Great card!ReplyDelete
slrdowney at hotmail dot com
Your wall art is the best, I have two boys myself and wouldn't trade their love for the world. Congrats of getting the EAD gig:)ReplyDelete
SO ADORABLE ASHLEY!!!!ReplyDelete
what a great saying for the boys and their pic!!!! cute card!!!ReplyDelete
This is soooo adorable! Cute boys too! Congrats on GD!TFS CallyAnnReplyDelete
Welcome to EAD Ashley!! Love the wall art!! TFS!!!ReplyDelete
ilovetonkinese2 at hotmail dot com
woot woot for your GD gig girl :)ReplyDelete
ok that wall art is fab and your card.... super CUTE :)
looking forward to seeing your items this month :)


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Now, marketing is the center of American business.
Why? because through social media, customers are praising and criticizing companies in public in a way that requires marketing to triage and respond.
Three years ago, if Kevin Smith would have been kicked off a Southwest flight for being too fat, he would have yelled at the gate agent, written a letter, told his friends. Now, he tweeted it to his 1.6 million followers, and it becomes a national incident in minutes. Southwest Airlines has to coordinate its marketing and customer service response, in real-time, create its own content on its blog and Twitter account, while also dealing with the media jackals. All of this is happening to companies (maybe yours) every minute of every day.
Marketing isn't about campaigns any more. It's always-on. And that puts it in the unique and powerful role of being the ligament that forces intra-company cooperation like never before. It's an exciting time to be a marketer, but it's also a tremendous responsibility.
Power, Risk & Accountability
Today, I gave a presentation to LEAD San Diego, a group of Southern California business leaders. I was joined by my friends (and clients) Jon Bailey and Indra Gardiner of Bailey Gardiner, an integrated agency in San Diego (check out their excellent blog – Don't Drink the Kool-Aid).
The theme of the presentation was this new era of marketing-centrism and what it takes to succeed in an environment where marketing plans are not month-to-month, but minute-to-minute.
I developed 6 new requirements that all social media savvy, marketing-centric organizations need to have.
1. Active Listening
Social media doesn't create negativity about your brand, it puts a magnifying glass to it. If you're not willing to listen to what your customers are telling you, when they are clearly using social media (especially Twitter) as the new 1-800 number, then you have a problem with your corporate culture that social media can't fix.
2. Always Be Marketing
Marketing is real-time now, and consumer opinion and search-engine results can change literally in seconds. Speed kills in this environment, and you can't succumb to endless committee meetings, planning and spreadsheets, when you can win or lose customers every minute of every day.
3. Develop Rules of Engagement
The only way to succeed in a world where marketing is a waterfall, not a lake, is to have codified rules for how you're going to handle social media circumstances. Who's listening? When? Who do they tell if an opportunity occurs? How much can you say? What can your employees do in terms of being "accidental marketers" for the brand? You must take the time to build a cross-functional team in your organization, and figure out your policies and procedures. Otherwise, you'll never be able to move fast enough if you're trying to ponder your options in real-time.
4. Manage Expectations
Brandie Feuer is Director of Marketing for the Tropicana Hotel in Las Vegas. On a recent panel discussion we were on at AZIMA, she made a terrific point that if a consumer places a phone call, they'll wait on hold 15 or more minutes. If a consumer emails a company, we've trained them to expect a response in a day or so. But, if they tweet your brand, they expect you to answer in seconds.
This is a tricky proposition. You of course want to be responsive to your customers in social media, but disproportionately so? Are you creating a chasm, whereby you treat your social media customers better than your non-social media customers? And is that appropriate?
Regardless, you need to set some expectations in social media, which is why companies are starting to list hours of operation on their Twitter accounts, etc.
5. Build a Crisis Plan
Is today the day that a social media-fueled crisis erupts for your brand? Probably not, but maybe. Southwest is widely applauded for their use of social media, yet it only took one employee to kick off the wrong portly film director for it to blow up in their face. It only took Domino's two employees to put some cheese in their nose, and global reputation suffered.
You'll probably never need your social media crisis plan. But, if a crisis were to occur, and you don't have a plan, you'll sure wish you did.
6. Discover Opportunities
If you're actively listening, you'll find natural opportunities to market your company contextually. You're not "selling" you're "helping" – and that's the most powerful type of selling there is.
On a near-continuous basis, consumers are asking for help making purchasing decisions. How can you take friction out of that process by just-in-time tweeting, participating in Yahoo! and/or Linkedin Answers, or create a series of helpful YouTube videos (like Coldwell Banker).
Is today the day you start integrating social media with marketing and customer service?