text:
This article is a collaboration between MedPage Today® and:
BOSTON -- Drivers diagnosed with early Alzheimer's disease may be able to maintain their road skills over the course of a year if they are treated with memantine (Namenda).
In a small study 13 drivers treated with memantine maintained their driving skills through the end of the 12-month period, which was slightly better than safe driving rates maintained by patients given a placebo, reported Peter Holland, MD, research professor of biomedical science at the Charles E. Schmidt College of Medicine at Florida Atlantic University, Boca Raton, at the Alzheimer's Association International Conference.
"Despite having a small group of drivers," Holland told MedPage Today, "we were able to show a statistically significant difference between those patients on medication and those who were on placebo (P=0.04)."
He noted that driving independence is a huge quality-of-life issue in Florida where public transportation is inconvenient and inadequate in most areas.
"For many Alzheimer's disease patients, driving cessation is a major, life changing event that negatively impacts them and their caregivers," Holland said. "Prolonging safe driving in patients with Alzheimer's disease can help maintain quality of life for patients and reduce caregiver burden."
"We believe that adding memantine to the drug regime is effective in delaying driving impairment in subjects with mild Alzheimer's disease," he said at his poster presentation in the conference's "Developing Topics" session.
Holland and colleagues recruited 60 otherwise healthy men and women for the trial. All the drivers were over age 60, and had mild Alzheimer's disease diagnose -- defined as a Mini Mental State Examination score of at least 23. Eventually 43 persons were randomized; 29 subjects completed 6 months of the program; 25 completed the 12-month milestone.
The drivers were rated using the DriveABLE-On Road Test, and their skills were measured at baseline, 6 months, and at 12 months.
Holland noted that his results were preliminary and his findings warranted further studies.
In another driver-related study at AAIC, researchers observed that individuals with mild cognitive impairment began a 50-minute driving test looking very much like healthy individuals who had completed the test, said Woojin Song, PhD, a postdoctoral researcher in neuropsychology at the University of Michigan, Ann Arbor, told MedPage Today.
"Even at the outset of the study when subjects were not fatigued, the mild cognitive impairment group demonstrated greater variability in speed and more driving errors than the healthy group," she said at her poster presentation.
And when the 50-minute test had ended, those with mild cognitive impairment showed more variability in driving as evidenced by lane changes, speed variability, and more driving errors, Song reported. The healthy drivers committed 1 to 2 errors during the simulations, while those with cognitive impairment made 9 to 11 error across the study.
The simulated driving scenarios were completed by 34 healthy individuals who tended to be younger than the 17 mild cognitive impairment patients. The Mini Mental State Examination for the healthy subjects was 28.94; while the score for the mild cognitive impairment group was 26.29. The researchers adjusted their findings for age.
In a third study, Kristin Turk, MS, a PhD student at the University of Massachusetts, Boston, said studies are lacking regarding driving and treatment of individuals with frontotemporal dementia -- a disease that can manifest in antisocial, impulsive behaviors.
"When these people are driving they may become involved in hit-and-run accidents, they run red lights, and they fail to avoid pedestrians at intersections," she told MedPage Today. She said patients with the disease are prone to agitation which results in speeding, and their poor impulse control leads to lane changes and failure to yield to other vehicles.
Yet, she could only find four studies in the medical literature dealing with the condition and driving and the most recent was published in 2007.
She said about 5% of patients with dementias have frontotemporal dementia and they tend to be about 20 years younger than people with Alzheimer's and other dementias. "So these are people who tend to still be drivers," she noted.
Turk said laws dealing with drivers who have frontotemporal dementias are few and are not standard.
"Whether it is Alzheimer's disease or other dementias, what we know is that these diseases impact driving," said Beth Kallmyer, MSW, vice president for constituent services for the Chicago-based Alzheimer's Association.
"People with these disorders are not going to be able to drive very well. But doing something about this is very challenging," she told MedPage Today. "The different dementias are progressive -- but they affect people differently, and there is not a standard way to say that 'if you have the disease for this period of time, it's time for you to stop.' By middle stage of any of these dementias it's likely that it is time to stop driving -- but it is a very individual thing.
"The other factor is that driving in this country is so important to individuals," Kallmyer added. "It means independence. It is even more emotional than just the idea of how to get from here to there. When you are driving, you are still in control and you can still make decisions, and when you are not driving any more it represents this huge loss.
"We recommend that when someone is first diagnosed with these dementias we start having these conversations about when it is time to stop driving," she said.
The study was supported by Forest Research Institute.
Holland had no other disclosures. Song had no disclosures. Turk had no disclosures.
Kallmyer had no disclosures.
- Reviewed by Zalman S. Agus, MD Emeritus Professor, Perelman School of Medicine at the University of Pennsylvania and Dorothy Caputo, MA, BSN, RN, Nurse Planner
last updated
Primary Source
Alzheimer's Association International ConferenceSource Reference: Dugan E, et al "Driving issues in people with frontotemporal dementia" AAIC 2013; Abstract P3-233.
Secondary Source
Alzheimer's Association International ConferenceSource Reference: Song W, et al "Improving fatigue-related driving: Differences for healthy older adults and those with MCI" AAIC 2013, Abstract P2-353.
Additional Source
Alzheimer's Association International ConferenceSource Reference: Holland P, et al "Effect of memantine on the progression of driving impairment in mild Alzheimer's disease" AAIC 2013; Abstract P4-412.


text:
Open-air autobus tours will run into September
Summer tours of Buffalo on the open-air autobus presented by the Campaign for Greater Buffalo History, Architecture & Culture will occur into early September.
The eight tours include the Buffalo Whirlwind Tour; American Dreams: The Houses of E.B. Green, Frank Lloyd Wright's Buffalo; Into the Heart of Black Rock: War of 1812 Edition; Industrial Strength Architecture: Adventure on the Belt Line; Scoopers, Saloons and Grain Elevators: Water's Edge in the Old First Ward; This Old Mansion; and Last of Their Kind: Oakley & Schallmo Churches.
The two-hour tours cost $25, $5 for kids under 12, with a sixth seat free when five are bought for any given tour.
For details on dates and times, go to greaterbuffalo.blogs.com or call 854-3749.
There will also be a tour at 1 p.m. Sept. 28 of the Col. Francis G. Ward Pumping Station in LaSalle Park.
For more information, go to buffaloindustrialheritage com.

subset: commoncrawl


text:
Sloppy toms with leftover turkey will surprise you.
Here's an unexpected leftovers recipe that will catch your turkey-stuffed family by surprise. Bet you've never thought to make sloppy joes out of cooked turkey.
These are good served with pickles and french fries. Dress them up with lettuce, tomato and sautéed fresh mushrooms. The Southern way is coleslaw on the bun. Buttered Kaiser rolls lightly browned under the broiler are perfect. Add cheese to melt.
2 tablespoons olive oil
11⁄2 pound ground cooked turkey
1 cup red onion, chopped
1⁄2 cup green pepper, chopped
3 tablespoons barbecue sauce
1 8-ounce can tomato sauce
Heat oil over medium.
Add turkey, onions, and pepper. Sauté until vegetables are tender. Add remaining ingredients and simmer for 15 minutes.
Serve on four toasted buns with mustard on the side. Excellent with sliced gouda or Monterey Jack cheese melted while browning the buns.
Serves 4.


text:
UNDP organized a National Conference entitled "Youth Employment"Nov 19, 2012
Under the patronage of His Excellency Mr. Nidal Qatamin, Minister of Labour, the United Nations Development Programme (UNDP) in cooperation with the Government of Jordan organized a two day National Conference entitled "Youth Employment: "Challenges and Opportunities" at the Landmark Hotel during the period between 17-18 December 2012.
This Conference is organized within the context of the "Youth Employment Generation Programme in Arab Transition Countries-Jordan Component" project that is supported by the Government of Japan and implemented by UNDP in cooperation with the Ministry of Planning and International Cooperation, Ministry of Labor and the Higher Council for Youth. The project aims at responding to the escalating need to provide tools addressing the unemployment challenge. In order to address the challenge of limited employability of the youth, the project provided selected youth (between aged 18 to 26 years) with needed skills for the labor market. The project also helped youth to seek job opportunities in the private sector, by providing internship opportunities to graduates of training courses.
The national conference was attended by Mr. Takanori Hattori, representing H.E. Mr. Junichi Kosuge Ambassador of Japan, Dr. Mousa Khalaf, representing H.E. Minister of Labor, Mr. Hussain Jbour, representing The Higher Council for Youth and Ms. Majida Al Assaf, representing UNDP.
Mr. Khaled Qubaja, UNDP Project Manager of the "Youth Employment Generation Programme in Arab Transition Countries-Jordan Component", thanked all partners for their support to the the project, and explained that the national conference aims at initiating a policy dialogue on youth employment at the national and local levels; raising awareness on youth employment opportunities in Jordan; identifying youth employment challenges and opportunities at the local level (within governorates); and agreeing on key recommendations for practical actions.
Dr. Khalaf stated "Unemployment is considered to be one of the major challenges facing the Jordanian Economy in general, and this issue has grown in the past years […]- the most effective manner to increase youth's involvement and thriving and developing of the societies is by providing reputable employment opportunities for youth"
"We hope through this national conference to create new opportunities and hope for the Jordanian youth" said Dr. Khalaf.
Mr. Hattori expressed Japan's interest in continuing the partnership with UNDP, reiterating the importance of the project stating: "I know this project has achieved great success; I handed certificates to more than 70 young Jordanians who completed the initial phase. I firmly believe that the useful knowledge obtained through this project is helpful to initiate policy dialogue on youth employment at the national and local levels."
Mr. Hattori added "Japan is firmly committed to maintaining the support efforts by the Government of Jordan to mitigate unemployment issues for young Jordanians"
Ms. Al Assaf stressed on the importance of the project stating "implementing the project has an evident positive impact on the career and personal lives of many youth. We have witnessed the positive energies in the youth and their eagerness to learn during the training period and later on in their high productivity at work […]. UNDP seeks to try to retain youth in their current positions after the end of the training period"
Ms. Al Assaf added "This conference sheds the lights on the current opportunities for Jordanian youth and addresses a number of challenges in trying to in an attempt to offer a lot of experiences at the international level, regional and national levels. It also gives an opportunity for youth to express their views and aspirations, in a larger attempt to understand the range of challenges that limit to meet the labor market for operating requirements, and the range of factors that control aspects of supply and demand"
"Jordan is one of the leading countries in the formulation of an employment strategy, which includes a mechanism and an action plan to decrease the rate of unemployment." said Ms. Assaf.
Eng. Mohammad Shuqairat presented the National Strategy for Employment to the audience elaborating on the main challenges and aspects and opened the floor for discussion
Ms Carol Tyreler, UNDP International Consultant, presented the global experience on labor market needs stressing the need to focus on youth employment as they are the future political leaders, entrepreneurs, doctors, teachers etc.
The second part of the first day of the conference focused on the challenges facing youth employment in Jordan. Mr. Saddam Al Khawaldeh and Mr. Ahmad Al Bazay'a, members of Kuluna Al Urdun Initiative, presented to the audience the results and recommendations of the workshops that took place in Mafraq and Ma'an areas. Some of the major recommendations included implementing quality projects specifically tailored to the tourism sector; providing employment opportunities for youth in private sector organizations; and enhancing the cooperation between private sector and civil societie organizations to promote the linkages with the labor market.
The youth interns who have benefited from the internship opportunities offered by the project presented the challenges facing youth in Jordan including quality of education, competition between Jordanian youth and foreign labor, limited new job opportunities and insufficient projects in developed areas, among others.
Dr. Nader Myrian presented a study on youth unemployment and foreign labor. He stressed the importance of replacing the foreign workers, who amounted to 280 thousand in 2011, with Jordanian workers. Dr. Myrian presented recommendations for replacing foreign workers, streeing on the important of national ownership.
Day two of the conference focused on employment opportunities, policies and recommendations for youth. It commenced with a presentation by Mr. Bahri Aydin, UNDP consultant on "promising sectors for youth employment" and highlighted some recommendations, including the need for entrepreneurship programmes, increasing incentives to private sector, promoting global learning.
Amman Chamber of Industry, presented by Eng. Ali Naser Allah, outlined the skilled required by employers, including employable competencies, personal capabilities, and management skills, among others. He stressed on the importance of bridging the gap between education and labor market.
Eng. Thaher Alabed, representing the General Federation of Jordanian Trade Union, presented to the audience a brief on the union and the challenges it faces.
UNDP Environment and Climate Change Analyst, Mr. Mohammad Alatoom, presented the concept of "Green Jobs" that help to protect and restore ecosystems and biodiversity, noting that investments have been made in green jobs in Jordon in sectors such as water, renewable energy, waste management and sustainable tourism among others.
ILO, presented by Mr. Yasser Ali, shared with the audience ILO's new initiative on youth employment in Jordan "Tripartite Action for Youth Employment in Jordan" project.
Mr. Qubaja, UNDP Project Manager, presented the findings of the mapping survey on youth and employment policies and programmes in Jordan. Some of the gaps identified through the napping study include overlapping in interventions, the lack of a holistic sustainable approach to tackle unemployment, and the fact that most interventions are focusing on the short term output and concentrated around Amman.
UNDP Programme Manager, Majida Al Assaf, presented the Post 2015 Development Agenda. In September 2000, world leaders came together to adopt the United Nations Millennium Declaration, committing their nations to a new global partnership to reduce extreme poverty and setting out a series of time-bound targets - with a deadline of 2015 . The UN system continued to provide support to achieve the MDGs by the target date, the discussions on the development agenda that will build on the MDGs after 2015 has already started. The objective of the discussions and consultations is to stimulate discussion amongst national stakeholders, and to garner inputs and ideas for a shared global vision of "The Future We Want".
At the end of the conference the participants reached a set of recommendations, including:
- Creating more programmes to people with disabilities.
- Implementing the employment national strategy to run.
- Strengthening partnerships between the various partners in the field of employment.
- Reducing the gap between education and the labor market.
- Establishing units for the training and development of human resources in productive enterprises


text:
I would love any help you could give me with regards to deciding how much make up combustion air i need for my master bedroom area. The natural gas, room air fed units are a 90% 80k btu furnace (oversized), and two (overkill) 50 gallon hot water heaters, in a 700 sq ft unfinished basement (insulated ceiling).
It connects via an open 3/4 door passage to an area where my wife works out (rarely i must add). There were two screens in place of concrete blocks for vents in the equipment room. In winter the equipment area is freezing cold, and the cold drifted over to my wife's workout area. I perhaps stupidly sealed off the two screen vent/holes.
I would love to have the minimum safe air possible. What would i need in winter? Maybe just one open. What about summer (only the hot water heaters).


text:
SPRING HILL | Angry at another motorist in a Taco Bell parking lot, Ryan Romano flashed a badge, authorities say.
SPRING HILL | Angry at another motorist in a Taco Bell parking lot, Ryan Romano flashed a badge, authorities say.
The problem: Romano had recently been fired from his job as a sheriff's deputy in Kenosha County, Wis.
Romano, 31, was arrested later Saturday and charged with impersonating a law enforcement officer. He was being held without bail Monday at the Hernando County Detention Center, in part because investigators learned that Romano had threatened law enforcement officers at the time of his firing from the Kenosha County Sheriff's Department, according to a Hernando Sheriff's Office arrest report.
The report gives this account:
Romano was in his truck in the parking lot of the restaurant at 11140 Spring Hill Drive when he became angry at another motorist who was trying to turn around. Romano maneuvered his truck to block the other driver's path, got out and identified himself as a law enforcement officer. He showed a badge and ordered the occupants to exit the vehicle.
Suspicious of Romano, they refused. Romano threatened to arrest them, and they said they were going to call authorities. Romano and a passenger in his truck left.
Later, deputies responded to Spring Haven Apartments after receiving calls about "numerous subjects" possibly impersonating law enforcement officers. Deputies didn't find the caller, but Romano and his passenger were there.
The unidentified passenger reported that Romano had gotten into a verbal dispute with another motorist at Taco Bell and flashed a deputy's badge. Romano admitted that he asked for the driver's identification, but denied that he identified himself as an officer. He told authorities he resigned from his job in Wisconsin on Dec. 31.
Hernando investigators learned that Romano had been fired about a week before Saturday's incident and then "made threats to harm law enforcement," the affidavit states.
Sgt. Bill Beth, spokesman for the Kenosha Sheriff's Department, said those threats were rumored but not confirmed by his agency and were probably relayed to Hernando authorities as a precaution.
Romano started with the department in 2007 and was moved from road patrol to administrative duty last August, Beth said. He declined to comment on the circumstances of Romano's termination.


text:
6. The Scarifyers: The Magic Circle
Released November 2011
Professor Dunning (Terry Molloy) is finding the business of single-handedly saving Great Britain from the forces of darkness rather taxing.
And Lionheart? Lionheart is missing.
When the only clue to his disappearance seems to lie in a twenty-year-old murder investigation, Dunning turns to the one man who might have the answers: Lionheart's erstwhile colleague Harry 'Thumper' Crow (David Warner).
Harry doesn't hold with supernaturalism, but over the next few days he's going to see some very strange things indeed: a string of murdered magicians, a dead music-hall star come back to life, and a pensioner from the depths of hell.
Can Crow and Dunning find Lionheart? A terrible truth awaits, as they unearth the long-buried secrets of THE MAGIC CIRCLE.
Written By: Simon Barnard & Paul Morris
Directed By: Simon Barnard
David Warner (Harry Crow), Terry Molloy (Professor Dunning), Stephen Thorne (Billy Banter), Ewan Bailey (Montague Blake, Solomon Winters and Chief Inspector Fang), Lizzie Roper (Iris Binns), Cicely Giddings (Lily Wighton), Scott Brooksbank (Chung Chang, Inspector Boot and Peregrine Villiers), David Bickerstaff (Horace Sprout and Compton Wetherby), David Benson (David Devant and Alexander Caulfield-Browne), Phil Rose (A. K. "Bunny" Cheesewright)


text: It has been a couple years since I was here last. I was hoping to find some folks that are familiar with the Woodland Warriors RPG. It's a much easier solution to Mouse Guard from what I can tell and it throws in some other games too. I really like the concept but I am having a hard time trying to write out a story to get a fun campaign started. It uses a modified swords and wizardry rule set. All in all it resembles old school D&D. Well, I just wanted to see what people knew or thought about the game. I provided a link to the author's page below so you all can look it up if you want.


text:
A Different Take On Classic Photos
All of our photographs are archival pigment prints that may be purchased on-line, via email, by phone – or in our physical gallery in the Carbondale Creative District. Please note that additional sizes are available. If you are interested in a custom print & size please contact the gallery at 866-963-9332.
This gallery features high quality, full size images, so we appreciate your patience while all of the images load.


text:
PENSACOLA � Trailing 14-0 at the start of the second half, the Crestview High School football team came roaring back against Pine Forest on Friday. Sparked by a strong defense and a balanced offense, the Bulldogs scored 22 unanswered points in the second half to leave Pensacola with a 22-14.
PENSACOLA � Trailing 14-0 at the start of the second half, the Crestview High School football team came roaring back against Pine Forest on Friday.
Sparked by a strong defense and a balanced offense, the Bulldogs scored 22 unanswered points in the second half to leave Pensacola with a 22-14.
See photos from Crestview-Pine Forest football game >>>
�We are a work in progress and we probably will be until the end of the season,� Crestview Coach Tim Hatten said. �We just have to learn from our mistakes and keep on pushing. We do a lot of things � we don�t do a lot of things good, but we do a lot of different things.
�I think it helped us tonight because we mixed some things up and we mixed some personnel up and we played pretty good defense.�
It was the defense � with a little help from Pine Forest � that picked up the first Bulldog score of the game early in the second half.
The Bulldogs knocked the Eagles backwards on back-to-back plays on the first Pine Forest possession of the second half. An incomplete pass set up a fourth down and 22 from the Eagle 8-yard line.
Pine Forest misplayed the snap on the punt and the ball went through the end zone for a Bulldog safety.
The Crestview offense did the rest of the damage.
After running just 17 plays for 39 yards in the first half the Bulldogs (3-4) controlled the game in the second half.
Sophomore quarterback Corey Armstrong was 5-of-6 passing for 104 yards and three touchdowns in the final 24 minutes.
With 45 seconds left in the third quarter, Armstrong connected with Ronnie Baylark from 19 yards. Tyler Hancock added the extra point to pull the Bulldogs within five points of the Eagles.
It was Armstrong to Emmanuel Reed for a 67-yard scoring strike on Crestview�s next possession. The Bulldogs went for two and the conversion failed with 9:15 left in the fourth quarter. Crestview had a lead it wouldn�t relinquish the rest of the way.
Crestview�s defense continued to flex its muscle when it forced an Eagle fumble that was recovered by Blayze Spencer to set up the final score.
The Bulldogs put the final nail in the victory when Armstrong teamed up with Baylark on a 15-yard pass with 2:29 left in the game. The score came on a fourth down play as Hatten rolled the dice going for six instead of a modest 32-yard field goal attempt.
Baylark had three receptions for 45 yards and the two touchdowns. Reed had two catches for 64 yards and led the Bulldogs in rushing with 86 yards on 16 carries. Armstrong was 6-of-10 passing for 115 yards.
Crestview finished the night with 230 yards in total offense with 115 yards through the air and 115 yards on the ground.
In the first half the Bulldogs were their own worst enemies as a pair of turnovers led to Pine Forest touchdowns.
Jeremiah Jackson intercepted a halfback option pass by Reed with 4:40 left in the first quarter and returned it to the Crestview 44.
Three plays later Reid Gilliland connected with Kenneth Burroughs on a 40-yard strike.
Pine Forest (0-7) was dealt a big blow to its offense when Gilliland was knocked out of the game midway through the second quarter.
Shortly after Gilliland went down the Bulldogs muffed a punt that was recovered by Pine Forest and led to the final Eagle score of the game, an 11-yard run by Jerome Brown.
The Pine Forest offense gained 161 yards in the first half, but could only manage 34 yards in offense the second half against the swarming Bulldog defense.
Randy Dickson is the Crestview News Bulletin�s sports editor. Email him at email@example.com, tweet him @BigRandle, or call 682-6524.


text:
Joint Procedure Committee
January 24-25, 2002
Adoption of Amendments to N.D.R.Civ.P., N.D.R.App.P., and N.D.R.Ct. 3
Rule 3, N.D.R.Civ.P. - Commencement of Action 3
Rule 4, N.D.R.Civ.P. - Persons Subject to Jurisdiction--Process--Service 4
Rule 23, N.D.R.Civ.P. - Class Actions 4
Rule 7.1(d), N.D.R.Ct. - Judgments, Orders and Decrees 5
Rule 32, N.D.R.App.P. - Form of Briefs, Appendices, and Other Papers 7
Rule 32, N.D.R.Crim.P. - Sentence and Judgment 9
Rule 3.3, N.D.R.Ct. - Change of Judge for Postjudgment Motion or Proceeding 14
Appendix F, N.D.R.Ct. - Alternative Dispute Resolution Statement Form 16
Rule 34, N.D.R.App.P. 34 - Oral Argument 19
The meeting was called to order at approximately 1:00 p.m., on January 25, 2002, by Justice Dale V. Sandstrom, Chair.
Justice Dale V. Sandstrom
Honorable Bruce E. Bohlman
Honorable Donovan Foughty
Honorable Gail Hagerty
Honorable Ronald L. Hilden
Honorable David W. Nelson
Honorable Thomas J. Schneider
Honorable Mikal Simonson
Mr. Michael R. Hoffman
Mr. John C. Kapsner
Professor Larry Kraft
Mr. Daniel S. Kuntz
Honorable M. Richard Geiger
Honorable Lawrence A. Leclerc
Mr. Ronald H. McLean
Mr. James T. Odegard
Mr. Michael G. Sturdevant
Mike Hagburg
Colette Bruggman
Kim Hoge
A moment of silence was observed in memory of Gary Raedeke, who served as the Committee's staff attorney from 1992-2001.
Justice Sandstrom expressed thanks to Jim Harris and Tom Tudor who assisted the Committee as interim staff attorneys. Justice Sandstrom also thanked Kim Hoge for her extra work during Mr. Raedeke's illness. Mike Hagburg, new staff attorney, was introduced to the Committee.
Justice Sandstrom reviewed the schedule for the meeting. He invited Committee members to his home for a reception after the Thursday session. The schedule and locations for upcoming Committee meetings were discussed.
Colette Bruggman, Deputy Clerk of the Supreme Court, was welcomed to the meeting.APPROVAL OF MINUTES
Ms. Schmitz MOVED to approve the minutes as distributed. Mr. Kuntz seconded. The motion CARRIED.
Staff reported to the Committee that the Supreme Court approved amendments to N.D.R.Civ.P. 12, 77 and 82; N.D.R.App.P. 42; and N.D.R.Ct. 2.2 and 3.2 as recommended by the Committee in its petition submitted July 5, 2001. The Supreme Court also adopted proposed N.D.R.Civ.P. 37.1 as N.D.R.Civ.P. 39.1. The Court's order approving the amendments and new rule was dated December 6, 2001, and the amendments and new rule are to take effect on March 1, 2002.
Changes made by the Supreme Court to N.D.R.Civ.P. 39.1, as well as changes to other rules impacted by the new N.D.R.Civ.P. 39.1, were discussed.
RULE 3, N.D.R.Civ.P. - COMMENCEMENT OF ACTION (PAGES 46-57 OF THE AGENDA MATERIAL)
Staff provided an overview of the proposed amendments to N.D.R.Civ.P. 3, reported on comments made by court personnel on the proposed amendments, and discussed legal issues related to the proposed amendments and their interaction with other North Dakota laws and rules. Staff also provided the Committee with additional comments on the proposed amendments received from Clifton Rodenburg and Thomas A. Davies.
Judge Foughty MOVED to adopt the proposed amendments for discussion purposes. Judge Bohlman seconded.
Mr. Rodenburg's comments regarding the proposed amendments were discussed. A Committee member suggested that one way to address the problems collection attorneys might have with the proposed filing requirement would be to require filing of a complaint within one year of service of a responsive pleading. Another Committee member suggested that if the date of filing was to run from the date of service of a responsive pleading, the filing deadline should be shortened to six months. Several Committee members observed that, in collection actions, responsive pleadings are rarely served so such a filing requirement would be unlikely to adversely affect collection actions.
Judge Bohlman MOVED to amend N.D.R.Civ.P. 3 (b) at line 5 to substitute "six" for "twelve" and at line 5-6 to substitute "a responsive pleading" for "the summons." Judge Foughty seconded. The motion CARRIED.
A member commented that proposed amendments constituted a trap for unwary practitioners because failure to file a complaint would void service. The member indicated that requiring complaints to be filed to commence actions would be preferable to the proposals requiring complaints to be filed sometime after service.
A member noted that the Committee had already solved the problem of actions not being filed by amending N.D.R.Civ.P. 4 to include a mechanism to force filing of the complaint. Consequently, any party that wants an action to be filed has a mechanism to make this happen. The member suggested, therefore, that N.D.R.Civ.P. 3 be left alone.
The Committee rejected adopting amended N.D.R.Civ.P. 3 by an overwhelming vote. Staff was instructed to prepare a draft letter to the Public Trust and Confidence Committee explaining the Committee's actions on the proposal to amend N.D.R.Civ.P. 3 and its reasons for rejecting the proposed amendments.
RULE 4, N.D.R.Civ.P. - PERSONS SUBJECT TO JURISDICTION--PROCESS--SERVICE (PAGES 58-69 OF THE AGENDA MATERIAL)
No action was taken on N.D.R.Civ.P. 4 because the proposed amendments to N.D.R.Civ.P. 4 were contingent upon the adoption of the proposed amendments to N.D.R.Civ.P. 3.
RULE 23, N.D.R.Civ.P. - CLASS ACTIONS (PAGES 70-97 OF THE AGENDA MATERIAL)
Staff provided an overview of the proposed amendments to N.D.R.Civ.P. 23 and discussed legal issues related to "opting out" under the rule.
Ms. Schmitz MOVED to adopt the proposed amendments for discussion purposes.
A member objected to stylistic changes made as part of the proposed amendments, such as the replacement of semicolons with periods. The motion to adopt the proposed amendments was DEFEATED.
A member noted that only North Dakota and Iowa have adopted the Model Class Actions Rule and suggested the Committee consider possible adoption of the Federal Class Actions Rule instead. The member indicated that such adoption of the federal rule would give North Dakota access to a wider variety of helpful interpretive case law.
Mr. Kapsner moved to have staff research differences between the federal rule and N.D.R.Civ.P. 23, prepare a report on the substantive differences, and prepare a version of N.D.R.Civ.P. 23 reflecting the federal rule. Mr. Kuntz seconded. The motion CARRIED unanimously.
RULE 7.1(d), N.D.R.Ct. - JUDGMENTS, ORDERS AND DECREES (PAGES 98-110 OF THE AGENDA MATERIAL)
Staff provided an overview of the proposed amendments to N.D.R.Ct. 7.1 and discussed the comments on the proposed amendments made by court personnel.
Judge Simonson MOVED to adopt the proposed amendments for discussion purposes. Judge Foughty seconded.
A member commented that a motion procedure was superior to allowing a debtor to obtain satisfaction of judgment by affidavit because notification of the creditor prior to satisfaction would be required. The member noted that allowing a judgment to be satisfied based on an affidavit alone without additional proof of payment would be improper.
Ms. Schmitz MOVED to amend line 39 of the proposed rule to include the words "or proof of payment." Judge Nelson seconded. The motion CARRIED unanimously.
A member noted that if the change was made to line 39, additional changes would need to be made in other parts of the rule. Another member suggested that the satisfaction by affidavit procedure as amended be rejected because it would force the clerks to weigh evidence of proof of payment. A member commented that giving the clerks discretion to accept or reject proof of payment would improperly put the clerks in a quasi-judicial position.
A member indicated that it would eliminate complexity and the problems related to giving the clerks discretion to decide whether to accept proof of payment to simply remove the language allowing clerks to accept proof of payment rather than actual payment. The member stated that the satisfaction motion procedure existed to assist those who had made payment but who had not received satisfaction of judgment.
A member commented that allowing the clerk to enter satisfaction of judgment on receipt of actual payment would be a ministerial act that required no discretion and that the procedure allowing satisfaction of judgment upon receipt of payment and an affidavit should be retained.
Judge Schneider MOVED to reconsider the previous amendment to line 39 to remove the language added. Judge Nelson seconded. The motion CARRIED 13 to 1.
Judge Simonson moved to strike "written" from line 9. Mr. Kuntz seconded. The motion CARRIED.
Without objection, a technical change in the lettering was made on line 53 (change (B) to (C)) and line 57 (change (C) to (D)).
Judge Simonson MOVED to strike "in which the judgment was rendered" from line 28. Mr. Kapsner seconded. The motion was WITHDRAWN.
A member questioned why the word "discharge" was used in line 57 of the proposed rule. Staff explained the language came from the statute from which the amendment was derived.
Judge Simonson MOVED to add language "satisfaction of judgment" to line 57 and strike the word "discharge." Judge Bohlman seconded. The motion was CARRIED unanimously.
A member wondered whether the language of the amended rule would allow debtors to obtain satisfaction of an out-of-state judgment. A member suggested that such a satisfaction of judgment could be obtained under the rule through the satisfaction by motion
process. It was suggested that language in the amended rule, however, might make obtaining satisfaction of an out-of-state judgment difficult.
A member asked how a North Dakota court could know enough about the status of an out-of-state judgment to make a decision about entering satisfaction of judgment. A member explained that the Enforcement of Foreign Judgments Act, N.D.C.C. § 28-20.1-02, applied to such cases.
Mr. Kuntz MOVED to strike the language "in which the judgment was rendered" from line 6. Judge Simonson seconded. The motion CARRIED 9-5.
A member noted that there still appeared to be no mechanism in the rule that would allow a court to enter satisfaction of judgment in cases where a debtor had paid a creditor and the creditor failed to enter satisfaction of judgment. The member suggested that additional language be added to the rule to give courts such power.
Judge Bohlman MOVED to add "or paid" to line 16. Judge Hagerty seconded. The motion CARRIED unanimously.
A member asked whether it would be appropriate to amend the rule to add a procedure whereby creditors could be sanctioned for failing to acknowledge that a judgment has been satisfied. Another member commented that North Dakota statutes already provided protection to debtors and penalties to creditors.
The motion to send the rule as amended to the Supreme Court CARRIED unanimously.
RULE 32, N.D.R.App.P. - FORM OF BRIEFS, APPENDICES, AND OTHER PAPERS (PAGES 111-123 OF THE AGENDA MATERIAL)
Staff provided an overview of the proposed amendments to N.D.R.App.P. 32 and discussed amendments made at the request of the clerk's office.
Judge Bohlman MOVED to send rule to Supreme Court. Judge Hilden seconded.
A member objected to the stylistic change in the rule under which periods rather than semicolons were used. Without objection, the Committee agreed that semicolons should be used. Staff was instructed to review rules on which amendments are pending and ensure that semicolons rather than periods are used.
A member commented that the requirement for a certificate of compliance on lines 75-76 of the amended rule had not been discussed by the Committee. Staff explained that the requirement for a certificate of compliance came from the federal rule. The clerk's office representative indicated that the clerk's office viewed the signature on the brief as a certification that the brief was in compliance with the rules and that the clerk's office had no position on whether a separate certificate of compliance should also be required. A member commented that requiring a separate certificate of compliance was an unnecessary and complicating requirement.
Mr. Hoffman MOVED to delete the certificate of compliance requirement on lines 75-76 and 122-126. Ms. Moore seconded. Motion CARRIED.
Without objection, a technical change was made to harmonize the internal numbering of the rule to account for the deleted language.
Mr. Kapsner MOVED to add the word "and" to line 69 and strike line 70 language referring to certificate of compliance. Ms. Moore seconded. Motion CARRIED.
Without objection, an identical change was made on line 73-74.
A member commented that the language of the rule as amended seemed to require appendices to be reproduced with one-sided copies when N.D.R.App.P. 30 allows appendices to use two-sided copies in some circumstances. The clerk's representative stated that the clerk's office had no objection to appendices using two-sided copies, regardless of the length of the appendix.
Judge Hagerty MOVED to add language after line 86 allowing for double-sided copies in the appendix. Judge Foughty seconded. Motion CARRIED.
A member stated that action needed to be taken to restore the "safe harbor" provision regarding relying on word processor word count to the rule.
Judge Hagerty MOVED to reinsert lines 122-126 to restore language regarding the "safe harbor" provision. Ms. Schmitz seconded. Without objection, a technical change was made on line 123. Motion CARRIED.
A member commented that the language in the sentence beginning on line 85 and continuing on line 86 regarding informal renumbering was confusing. Several other Committee members agreed. Staff explained that the language tracked the language of the current rule. The clerk's representative indicated that informal renumbering meant that
The Committee discussed alternative language regarding renumbering of pages in the appendix. A member commented that the language regarding informal renumbering was unnecessary.
Mr. Kuntz MOVED to remove the sentence beginning on line 85 and continuing on line 86. Mr. Kapsner seconded. Without objection, a change in the word order was made on line 85. Motion CARRIED.
Motion to include rule as amended in Appellate Rules Package CARRIED.
Mr. Kuntz MOVED to amend N.D.R.App.P. 30 to harmonize with the amendments to N.D.R.App.P. 32 regarding double-sided copies in the appendix. Ms. Moore seconded. Motion CARRIED.
RULE 32, N.D.R.Crim.P. - SENTENCE AND JUDGMENT (PAGES 124-146 OF THE AGENDA MATERIAL)
Staff discussed amendments made by the Supreme Court to N.D.R.Crim.P. 32 at the request of the Attorney General and provided an overview of additional proposed amendments to the rule. The chair explained that the amendments were adopted subject to comment and referred to the Committee because the Supreme Court wanted to obtain the Committee's input.
Ms. Moore MOVED to adopt the proposed amendments for discussion purposes. Judge Hagerty seconded.
A member indicated that the explanatory note as adopted by the Supreme Court seemed clearer than the language in the amended rule prepared by staff. It was suggested that referring to specific federal statutes and regulations in the rule itself might be inappropriate, and that such reference, if made at all, should be in the explanatory note.
Another member commented that the amended rule language referring to developing guidelines appeared to be incorrect. A member indicated that the Attorney General instead was seeking access to presentence reports for use in making sexual offender risk designations.
A member commented that it would be helpful if a representative from the Attorney
General's office could appear before the Committee and explain the Attorney General's reasons for seeking the rule amendment. A member indicated that the Committee needed additional information on how the Attorney General planned to use the presentence reports to which it sought access. It was explained that the Attorney General apparently sought the rule change so it did not have to go to individual courts one-by-one to get presentence report information.
A member stated that on lines 9 through 12 of the amended rule, the stylistic changes proposed seemed to affect the substance of the rule in a manner that could affect attorney/client confidentiality.
Mr. Kuntz MOVED to amend language in lines 9 and 10 to eliminate proposed stylistic amendments. Mr. Kapsner seconded. Motion CARRIED.
A member stated that use of the word "verify" in line 9 of the amended rule as part of the proposed stylistic amendments seemed to place a higher burden on judges than previously.
Judge Simonson MOVED to reinstate "determine" in line 9. Judge Hilden seconded. Motion CARRIED.
Staff was instructed to contact the Attorney General's representative and invite him to attend the Friday Committee meeting. It was also suggested that staff make copies of relevant North Dakota and federal statutes and federal regulations for the Committee's review. Further action on the rule was postponed until Friday's meeting.
The meeting recessed at 4:00 p.m.
January 25, 2002 - Friday
The meeting was called to order at approximately 9:15 a.m., on January 25, 2002, by Justice Dale V. Sandstrom, Chair.
Staff provided an update on upcoming meetings scheduled in April in Fargo and in September in Bismarck.
Mr. Jonathan Byers of the Attorney General's office was welcomed to the meeting.
The Committee continued its discussion of N.D.R.Crim.P. 32.
Mr. Byers explained the rationale of the requested rule changes. He indicated that courts have found that an assignment of a risk level for sexual offenders is required before an offender registration program can withstand constitutional scrutiny. He stated that the North Dakota legislature, in devising a registration statute, had provided a mechanism for sexual offender risk levels to be determined.
Mr. Byers explained that, under new North Dakota law, sexual offenders must be assigned a low, moderate or high risk level and they have the opportunity to challenge the risk level assignment. Because of the change in the law, risk level designations must be determined for the sexual offenders convicted in the past and the subject to North Dakota registration requirements. Mr. Byers indicated that North Dakota officials have developed guidelines and selected tools for making the risk level designations.
Mr. Byers stated that the Attorney General was seeking to access to presentence report information because an offender's presentence report can provide a great deal of factual information that can be used in making a sexual offender risk designation. Mr. Byers indicated that the Attorney General is required by the new statute to obtain records and information about sexual offenders in order to make the required risk designation, and that one of the most logical places to look for such information is in the presentence report. Mr. Byers explained that the Attorney General sought changes in N.D.R.Crim.P. 32 because it restricted access by the Attorney General to information in the presentence reports.
Mr. Byers explained that the Attorney General did not need presentence reports to develop guidelines, as stated in the amended rule, because the guidelines have already been developed. Instead, the Attorney General needs access to presentence reports to assign risk levels to sexual offenders based upon the guidelines that have been developed. Mr. Byers indicated that the Attorney General also needed access to any addendums to presentence reports, which could be such things as psychological reports or victim impact statements, in order to obtain complete information about the offender.
A member noted that N.D.C.C. § 12.1-32-15 (12) divided the duty to perform risk assessments among the Department of Corrections and the Attorney General. The members asked Mr. Byers to explain which offenders the Attorney General would be preparing risk assessments for. Mr. Byers indicated that preparing risk assessments for offenders from out-of-state and those who have completed their sentences would be the job of the Attorney
Mr. Byers explained that, even though N.D.C.C. § 12.1-32-15 (12) seemed to split the duties in preparing risk assessments between the Department of Corrections, the Attorney General, and the Juvenile Courts, these agencies have chosen to cooperate in performing risk assessments rather than working separately. Under an interagency agreement, a joint committee has been formed that does risk assessments for the three entities.
A member explained that the presentence report is a document created by an executive agency under court order and for the use of the judiciary. Another member indicated, however, that the report is also used by the Department of Corrections and is kept by the department. A member questioned why the Attorney General needed access to presentence reports if a joint committee, rather the Attorney General itself, was performing the risk assessments, and if the Department of Corrections already had access to the report. Mr. Byers indicated that the Attorney General believed the language of the unamended N.D.R.Crim.P. 32 prevented joint committee members with access to the presentence reports from discussing or sharing information in the reports with other committee members such as the Attorney General.
A member commented that the Attorney General essentially was asking the Supreme Court to give the Attorney General access to judicial information without express direction from the legislature to provide such information. The member noted that N.D.C.C. § 12.1-32-15 provided no mandate for the adult courts to participate in the sexual offender risk designation process. The member questioned whether the adult courts should be providing such assistance to an executive agency.
A member responded that the courts work with executive agencies regularly, such as when the courts turn offenders over to the Department of Corrections. Another member commented that keeping presentence reports confidential is an exception to the basic premise that all court records are open records. The member commented that the Supreme Court has determined for public policy reasons that presentence report information should be protected; now the Supreme Court has determined for public policy reasons that presentence report information should be available to the Attorney General under certain circumstances. The member expressed some concern, however, that the language giving the Attorney General access to presentence report information was broader than necessary to accomplish public policy goals.
A member proposed that, when courts ordered a presentence report prepared, the officer preparing the report could also be required to prepare a separate risk assessment
report for the Attorney General. Under such a system, there would be no need for the courts to release confidential presentence investigation reports - instead, executive agencies would receive a separate report of their own for use in risk assessment. Another member pointed out, however, that while such a system would be feasible, the problem would still exist of preparing risk assessments for the hundred of existing offenders who had already gone through the court system.
A member indicated that, under the proposed change, the Attorney General would get greater access to presentence reports than the defendant/offender. Another member indicated that courts sometimes restrict access to materials in the presentence report to all parties, but that such restrictions apparently would not apply under the changes requested by the Attorney General. Mr. Byers indicated that presentence reports would not be used to penalize the offender but instead were a tool that would help give the most accurate picture possible of the offender's potential risk to the community.
A member indicated that there were errors in the amended rule at line 66 and lines 146-148 regarding release of presentence reports to develop guidelines. The Committee discussed what language would more properly reflect the Attorney General's role. A member commented that inclusion of the word "guidelines" in the rule was restrictive and seemed to place limits on the Attorney General's potential use of presentence reports.
Mr. Kuntz MOVED to delete the words "developing guidelines in" from line 66. Judge Foughty seconded. Motion CARRIED.
The Committee discussed making a parallel change in the explanatory note at lines 146-148.
Ms. Schmitz MOVED to amend lines 146-148 to delete language referring to developing guidelines and to insert the words "comply with." Judge Schneider seconded. Motion CARRIED.
The Committee discussed whether the proposed rule amendment was too broad. A member expressed concern that presentence reports in cases not involving sexual offenses could be released to the Attorney General under the proposed rule. Mr. Byers explained that the Attorney General was seeking access to presentence reports only to develop risk designations for sexual offenders and that it was not seeking to develop risk designations for any other type of offender.
A member asked which government entity would be deciding which reports to release under the rule. Mr. Byers explained that, in order to deal with the backlog in risk
assessments, parole, probation and penitentiary officials would be releasing the reports directly to the Attorney General.
Mr. Kapsner MOVED to amend line 66 to delete language and to add the words "the individual risk assessment required by." Ms. Schmitz seconded. Motion CARRIED unanimously.
A member expressed concern that if presentence report information is released to the Attorney General for risk designation calculation, persons in the Attorney General's office might have unrestricted access to it. The member suggested that additional restrictions on use of the information be inserted into the rule.
Ms. Schmitz MOVED to insert word "only" in line 65. Mr. Kuntz seconded. Motion CARRIED unanimously.
A member asked whether there was medical and drug and alcohol treatment information interspersed in presentence reports. Mr. Byers said such information would appear in a specific section of the presentence report and that federal law would govern the release of such information. A member indicated that reference to specific federal regulations in the rule would be inappropriate because of ongoing changes in federal law and expansions in federal privacy protections.
Mr. Kapsner MOVED to amend lines 68-70 to remove references to specific federal statutes and regulations and to insert the words "must comply with all applicable state and federal statutes, rules and regulations governing drug and alcohol records and private medical information." Ms. Schmitz seconded.
Judge Nelson MOVED to delete the sentence at lines 67-70 and move the sentence covered by Mr. Kapsner's motion to line 149 in the explanatory note. Judge Foughty seconded. Motion CARRIED unanimously.
Motion to send rule to Supreme Court as an emergency rule CARRIED 13-1.
RULE 3.3, N.D.R.Ct. - CHANGE OF JUDGE FOR POSTJUDGMENT MOTION OR PROCEEDING (PAGES 147-150 OF THE AGENDA MATERIAL)
Staff provided an overview of the proposed amendments to N.D.R.Ct. 3.3.
A member explained that judges travel to outlying areas of their districts on a rotating
basis. The judges would like to hear all pending child support matters while they are present in the outlying areas, rather than requiring the parties to wait until the judge who made the original decision in the matter is in the area. The member indicated that the requested change to N.D.R.Ct. 3.3 would allow the judge present in the outlying area to handle child support matters pending in that location in a timely manner.
Judge Hagerty MOVED to adopt the proposed amendments for discussion purposes. Mr. Kuntz seconded.
A member asked whether judges in outlying areas are generally asked to address child support enforcement or amendment matters. Another member explained that generally enforcement issues are raised and that many matters are the responsibility of referees, so no judge would necessarily have a particular knowledge of a given case.
A member asked staff why the Committee had rejected such an amendment previously. Staff explained that the minutes were not completely clear, but that it appeared a conflict between the proposed amendment and North Dakota's change of judge laws had been raised.
A member commented that the legislature had been consistently hostile to any measures that allowed parties to have a second judge to rule on a matter that had previously been before a different judge. A member explained that the proposed measure promotes judicial economy by allowing a judge in a given location to decide child support matters in that location rather than requiring a different judge to travel to the location to decide a matter.
A member explained that because child support decisions are based on a formula, a judge's discretion will always be limited in a child support matter and, therefore, having the judge on site decide such matters would not alter the analysis or decision. A member indicated that the proposed amendment would not be a problem in the routine cases, but that it could be a problem in the "nightmare" cases where a given judge has denied a child support motion numerous times and where the party making the motion seeks to take advantage of having a different judge on site.
A member suggested there should be a mechanism in the rule allowing a party to "opt out" of having the judge on site decide a child support matter. Another member noted that if such an "opt out" provision was in place the party opposing amendment or enforcement of a child support order could use the mechanism to delay action.
A member asked staff whether the proposed change could be made consistently with
North Dakota law regarding continuing jurisdiction. Staff explained that it was not completely clear under North Dakota law whether continuing jurisdiction resides solely with the judge who made the initial decision or whether it resides with "the court" in general. It was noted by the Committee that N.D.R.Ct. 3.3 had already superseded N.D.C.C. § 27-05-27, which had imposed a requirement that the original judge in a case hear all subsequent matters in the case. Staff was instructed to inform the code reviser so that the superseding action was noted in the code.
Ms. Schmitz MOVED to add a new sentence beginning on line 14: "If a different judge is assigned to hear the child support matter, either party may object to the reassignment of the case, provided they do so at least 10 days after the date notice of hearing was served on the parties." Judge Simonson seconded.
Several members were concerned that such a change would allow a party more than one chance to demand a change of judge in a case. A member explained that, if a party objected to a reassignment, the matter would have to go back to the original judge - the objection would be to the reassignment itself, not to the judge who was reassigned. A member commented that he was uncertain whether a traveling judge who was assigned to hear a given matter would even be named prior to the hearing.
A member raised the concern that the amendments to N.D.R.Ct. 3.3 were not harmonized with North Dakota statutes regarding judge assignment and changes. The member suggested that staff perform additional research to determine whether the proposed changes were amenable with other North Dakota laws. The member also suggested that staff investigate how the proposed changes might interact with master calendar scheduling.
Judge Hilden MOVED to postpone discussion until the Committee's next meeting with directions to have staff perform additional research and to determine whether the proposed language regarding objections to reassignment could be extended to other parts of the rule. Mr. Kuntz seconded. Motion CARRIED 13-1.
APPENDIX F, N.D.R.Ct. - ALTERNATIVE DISPUTE RESOLUTION STATEMENT FORM (PAGES 151-156 OF THE AGENDA MATERIAL)
Staff provided an overview of the proposed amendments to N.D.R.Ct., Appendix F.
Judge Hagerty MOVED to adopt the proposed amendments for discussion purposes. Ms. Schmitz seconded.
A member stated that having counsel submit an ADR statement was a good method for the court to gain some information about the case. The member stated, however, that more information was needed from the parties so that ADR could be set up and so that scheduling orders could be prepared.
The member commented that, under the proposed changes, the parties to civil cases would ask to provide the same sort of information that parties to family law cases are already providing. The member stated that if the parties agreed on when scheduling deadlines should be set, the court could issue a scheduling order after receipt of the statement. If the parties did not agree, the court could set a scheduling conference.
A member stated that combining ADR and scheduling information on one form was a good idea for the sake of simplicity and economy.
A member suggested that the proposed changes would require parties to submit an excess amount of information to the court. Another member commented that the requirement to submit the statement within 60 days of filing did not give the parties enough time to realistically consider ADR options and that other scheduling information likewise would not often be available during that timeframe.
A member stated that it was a real problem for courts to handle requests for court sponsored ADR without also having scheduling information to use in attempting to set up such ADR. The member indicated that the ADR statement could be amended to ask parties when they wanted ADR scheduled. The member also suggested that an additional line could be added to the amended statement allowing parties to indicate that scheduling information was not available when the form was submitted and naming a date when scheduling information would be available or when a scheduling conference could be set.
A member indicated a concern that, by requiring the parties to submit scheduling information as part of the required ADR statement, the parties essentially would also be required to submit to a scheduling conference in all cases. A member observed that amending the ADR statement to include scheduling information seemed to be a backdoor attempt to amend N.D.R.Civ.P. 16, which allows for voluntary scheduling conferences.
A member indicated that the scheduling information requested under the proposed amendments to the ADR statement seemed to mirror the scheduling information parties are required to provide in federal cases. The member stated that the federal scheduling system was inflexible and punitive. Another member observed, however, that the federal scheduling system prevented cases from languishing and allowed the parties to better plan their activities on a case, including participation in ADR.
A member commented that there were barriers to implementing a case scheduling and management system in North Dakota, especially since North Dakota does not require filing to commence an action and does not schedule trials until after receipt of a note of issue. The member stated, however, that it would be good to implement some system of case management that allowed parties to prevent cases from languishing. The member indicated that it would be an effective tool to require parties to provide scheduling information with the ADR statement. The member commented that, if parties provided scheduling information with the ADR statement, or engaged in a scheduling conference, it should not be necessary for the parties also to file a note of issue.
A member noted that, in many civil cases, parties cannot provide scheduling information until expert witnesses have been identified and that parties cannot know whether ADR will be acceptable until after the expert witnesses have expressed their opinions. Another member observed, however, that if parties can get together for early ADR, cases can be settled without hiring of experts and marathon depositions.
A member noted that the Committee apparently agreed that additional amendments to the ADR statement were necessary to add items to allow the parties to specify when they desired court sponsored ADR to take place and, if they were not able to provide scheduling information at the time of initial submission of the ADR statement, to specify a later date they could provide such information and/or participate in a scheduling conference. Likewise, it was suggested that there could be a line on the statement indicating that no note of issue needed to be filed if the parties provided scheduling information. Staff was instructed to prepare an amended ADR statement for consideration by the Committee.
A member commented that the discussion highlighted the fact that all the judicial districts in the state handle case scheduling differently. The member indicated that making changes regarding the ADR statement might be a first step, but that additional future steps would be needed to bring about uniformity in case scheduling in the various districts.
A member suggested that N.D.R.Civ.P. 16 be amended to make scheduling conferences mandatory and that the amended ADR statement be used as a tool for such scheduling conferences. A member commented that N.D.R.Civ.P. 16 as it exists gives courts the discretion to require parties to provide the scheduling information included in the amended ADR statement. A member stated that the requirement already exists to have parties submit an ADR statement, and because such a requirement exists, it makes sense (since the courts also need scheduling information) to have the parties provide scheduling information with the ADR statement.
A member suggested that the requirement to submit ADR information within 60 days
of case filing needed to be revisited, and suggested that the ADR statement should be completed as part of a scheduling conference process under N.D.R.Civ.P. 16. A member commented that the 60 day requirement was not necessarily short because much more than 60 days could have passed since the action was initially served. Another member indicated that, since the ADR statement had been in use for less than a year, it would be useful to gather comments from court staff and attorneys on whether the ADR statement was working.
A member stated that the ADR cart was pushing the pretrial horse and this was creating problems. Another member indicated openness to N.D.R.Civ.P. 16 being amended to require that ADR and scheduling information be provided. Thus, N.D.R.Civ.P. 16 would drive the process. Under such an amendment, there could be a reference back to N.D.R.Civ.P. 16 from the ADR rule and a form that was tied to N.D.R.Civ.P. 16. Staff was instructed to prepare an alternative amendment to N.D.R.Civ.P. 16.
Mr. Kapsner MOVED to postpone discussion until the Committee's next meeting with instructions for staff to conduct additional research and prepare additional amendments consistent with the Committee's discussion. Mr. Kuntz seconded. Motion CARRIED.
RULE 34, N.D.R.App.P. 34 - ORAL ARGUMENT (PAGES 157-163 OF THE AGENDA MATERIAL)
Staff provided an overview of the proposed amendments to N.D.R.App.P. 34. Staff explained that alternative versions of N.D.R.App.P. 34 had been presented because of concerns expressed by the clerk's office about adopting language from the federal rules on oral argument.
Ms. Bruggman explained that N.D.R.App.P. 34 does not currently provide a means for the Supreme Court to forgo oral argument. Ms. Bruggman said that the clerk's office understood the need for a vehicle in the rules that allowed flexibility in oral argument, but that the clerk's office did not support the federal wording of the oral argument rule because it seemed based on an assumption that there was an underlying right to oral argument.
Ms. Bruggman indicated that the clerk's office did not recognize the existence of a "right" to oral argument and that under the policies of the clerk's office oral argument could be canceled for a number of reasons. Ms. Bruggman said that the clerk's office was in favor of a mechanism for the justices to deem oral argument unnecessary in certain cases. Ms. Bruggman explained, however, that if such a mechanism was put in place, there would need to be adjustments made to other rules so that the justices could get enough information to make timely decisions on whether to allow oral argument.
The chair explained that the Supreme Court's practice is to set every case for oral argument. The chair explained that the Supreme Court was considering changing this practice as a way of dealing with repetitive, frivolous appeals and appeals in which no genuine legal issues are raised. The chair also indicated that some parties seemed to rely too heavily on oral argument and failed to provide an adequate explanation of their position in their briefs.
A member commented that if the Supreme Court did not want oral argument in a given case, perhaps the summary disposition rule would give the Court a mechanism to forgo oral argument. The member expressed concern that the wording of the amended rule would make it too easy for the Court to cancel oral argument based on potentially hasty conclusions that the issues were dealt with adequately in the briefs. The member said the Committee needed more information about who would be making such conclusions.
A member commented that the main purpose of oral argument as it has developed in North Dakota is to answer the Supreme Court's questions and that, without oral argument, questions could be left unanswered in a case.
A member commented that there may be cases in which the parties would be willing to waive oral argument, but that the language of the rules seems to suggest the Supreme Court expects oral argument in every case. The member indicated that there did not seem to be a mechanism for the parties to waive oral argument.
The chair asked the Committee to consider whether oral argument should be the norm. Ms. Bruggman indicated that the clerk's office and the Supreme Court had real questions regarding whether the Court should have to hear from the same party several times on the same issue. The chair explained that requiring oral argument in some cases placed a genuine burden on the parties, especially those not resident in Bismarck.
Several Committee members suggested that the means by which a party can waive oral argument should be clearer. It was noted that, under the federal system, the parties are required to indicate whether they request oral argument. A member indicated that, if the rules required the parties to make such a request, this could be a starting point for the Supreme Court's analysis of whether to grant oral argument in a case.
A member gave an opinion that oral argument should be the norm, but that perhaps the form of oral argument needs to be changed to reflect changed times. The member indicated that the time constraints currently imposed on oral argument are artificial and are not helpful given the fact that oral argument, in practice, is primarily a means for the justices
to get answers to questions.
No action was taken on the proposed amendments and alternative draft. The chair explained that his intent was to have a general discussion of issues related to N.D.R.App.P. 34 before taking action upon it at a future meeting.
The meeting adjourned at approximately 12:00 noon.
Michael J. Hagburg


text:
Some things just go together. Denim and denim, Raf Simons and Dior, Dolce & Gabbana and Federico Fellini. Yes, it makes perfect sense that an event honoring the man who put Italian cinema on the map would go hand-in-hand with the brand that did the same for Italian fashion. The iconic director's chef d'oeuvre got a major makeover this weekend at NYC's Lincoln Center, where true Fellini fans (including yours truly) saw a beautifully restored version of the Satyricon.
Even in the oldest, most faded versions, the intense colors are the standout star of this film — so, you can imagine how eye-popping it was to see it on a big screen in its finest form. And, of course, let's not forget the party! It was a regular street style Who's Who, so if you're looking for some inspiration for your next glam getup, this is one red carpet roundup you don't wanna miss.
If this is making you want to indulge in a Fellini marathon, may we suggest you follow your heart and do so. Feeling the need to invest in some Dolce & Gabbana? Well, we're definitely not stopping you. Maybe try both at once, but beware of a potential chic overload...
Click through for some dolce vita getups, c/o of Dolce & Gabbana!


text:
Photo Gallery for Iron Man 3
Marvel's "Iron Man 3" pits brash-but-brilliant industrialist Tony Stark/Iron Man against an enemy whose reach knows no bounds. When Stark finds his personal world destroyed at his enemy's hands,... (more)View All Photos View Movie Info
Remove ads with our VIP Service
Block Ads With VIP Service
You can view this photo gallery without the ads by signing up for our VIP Service. Check out what other great features are available to our VIP Members!
Home - About Us - Ad Info - Feedback
Journal/Blog - The Marquee - Movie Links - News and Events - Now Showing - Reader Reviews
Customize - VIP Service
Journal/Blog - The Marquee - Movie Links - News and Events - Now Showing - Reader Reviews
Customize - VIP Service
|The BigScreen Cinema Guide is a service of SVJ Designs LLC. All graphics, layout, and structure of this service (unless otherwise specified) are Copyright © 1995-2018, SVJ Designs. The BigScreen Cinema Guide is a trademark of SVJ Designs. All rights reserved.
'ACADEMY AWARDS®' and 'OSCAR®' are the registered trademarks and service marks of the Academy of Motion Picture Arts and Sciences.


text:
WTN: 2003 Penfolds Bin 389 Cabernet/Shiraz Australia. $25.99. 14.5% alcohol. Deep red color, deep hue, initial earthy impression on the nose, which blew off quickly, very good CS and Shiraz notes with spice and smoke overtones, complex tastes of spice, fruit, coffee and leather, a pleasant impression of sweetness, firm tannins -- this could use three to five years of aging, although it would be great with aged steak now -- light oak notes, a bit disjointed but promising, long, complex finish. A very promising wine. 4*.
I stopped by Beekman Wine in Glen Rock for the Saturday tasting -- such an elegant innovation in New Jersey. Usually I would taste and spit, but Teodoro was driving the truck, and I loved the wine -- a whole glass later, I could have grabbed a bottle and ordered a steak for a very early dinner.
Regards, Bob


text:
25/01/2018 - 11:00
Every Thursday, Sy will be at the studio from 11-2 for a Papercraft Make & Take. You can choose from the Make & Take Menu which changes monthly and can be found on the Unravel & Unwind Blog.
The Make & Take costs £2 on top of your usual drop-in fee of £3, for a total of £5.
INTRA is within walking distance of Rochester train station and Chatham bus station. Please note, our venue is a rather beautiful Art Deco building with some accessibility issues. If you have specific access or disability requirements and would like to participate in the event please let us know at least 5 days before the event date so that we can do our utmost to resolve any potential problems to accommodate. There are ample "pay and display" parking spaces along the high street as well as a short stay & long stay "pay and display" car park near the new Rochester Riverside development. Please be mindful of local business and residents when parking, Unravel & Unwind cannot be held responsible for loss or damage to vehicles.


text:
Wolters, Agent Looking Forward To Thursday's NBA Draft [AUDIO]
Former St. Cloud Tech standout Nate Wolters will be drafted tonight by an NBA team. The question remains where in the draft and by which team. Recent projections have Wolters going anywhere from late in the first round through the middle of the second round.
Wolters' agent Jared Karnes says that one challenge the guard has been able to overcome is a relative lack of exposure while playing at South Dakota State. However, Karn notes that Wolters opened up a lot of eyes with good workouts over the past two months.
Karnes says that one of the "knocks" on Wolters has been a perceived lack of speed on defense, something that the agent says is not necessarily true, and is more than overcome by Wolters' sheer athleticism.
Karnes says that although the draft is just hours away, there are still more questions than answers. He adds that Wolters will be at home in St. Cloud to follow the draft with his family and a few close friends.
For more from Karnes, including teams he think might be a good fit for Wolters, and how the former Tiger's personality helps his draft stock, check out the full interview below:


text:
Spiro Razis Skater Profile
Sponsors: Element, Billabong, Vans, Nixon, Red Bull, True Grit
Hometown: Santiago Chile, Stance: ?, Age: , Status: Am
Last Update: Thursday, January 1, 2004 Submit an Update
Sorry, no twitter feed for Spiro Razis was found.
Spiro Razis Comments
Other Skater Links
- Full Skater Database - 6000+ skater profiles.
- Skateboarders on Instagram - browse your favorite pros and ams on Instagram.
- Skate News and Videos - daily skate news and videos from around the web.
- Media Coverage - we log all major magazine coverage by skater and photographer.
- Skate Photographers - we log all major magazine coverage by skater and photographer.
- Contest Results - over a decade's worth of contest history.


text:
AUGUSTA, Ga. (AP) – Animal welfare officials on Wednesday accused Georgia Regents University of performing unnecessary and painful dental implant procedures on dogs, then euthanizing them.
A three-month undercover investigation revealed that dogs have had their teeth pulled, replaced with implants and then euthanized, said Humane Society of the United States spokeswoman Stephanie Twining. She added that jaw bone samples were taken from dead dogs.
The experiments were being done to compare a dental implant that was invented by Georgia Regents researchers with one that was developed by a competitor, Twining said.
Dogs that were provided to the university were collected by a Random Source Class-B Dealer, Twining said. She said these types of dealers are allowed to gather animals from various sources _ including auctions, online and shelters _ and resell them to research facilities.
University Senior Vice President for Research Mark Hamrick said in a statement that researchers at the Augusta school use protocols that are regularly reviewed by the United States Department of Agriculture, and that the university adheres to local, state and federal guidelines.
The school doesn't frequently use dogs for research and all projects involving animals are reviewed by the Institutional Animal Care and Use Committee, Hamrick said.
"The research being done with dogs is neither frivolous nor unnecessary, as alleged by the investigation, and is performed in order to develop safe, effective dental procedures for people," Hamrick said. "As an institution, we are committed to research that will provide a direct benefit to patient lives by restoring function to damaged and diseased organs and tissues," he said.
The Humane Society of the United States has filed legal complaints with the USDA and the National Institutes of Health's Office of Laboratory Animal Welfare, Twining said.
(Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)


text:
Do you need to advertise wine or another luxury good, but you're not sure you want to finance a complete campaign? The Palate Press Advertising Network is pleased to announce the first of its kind Time Share Ad Campaign. Buy one share in a campaign or buy all ten. As soon as the whole campaign is committed we will load load it and start it running. Each ad will run independently, so viewers will not know that you only purchased part of a campaign. Here's how it works:
- Tell us how many shares you want to buy, from one to ten. Every share costs $30 and gets 2500 page views in a month.
- Tell us how when you want the ad to start, and where you want it to be viewed. We can geo-target by city, metro area, State, and country.
- Send *.gif, *.jpg, *.jpeg, or *.png graphics for at least two of our three standard ad sizes, 160×600, 728×90, and 300×250.
- Tell us where you want the ad to link.
- Tell your friends and associates about us, because the sooner we sell all ten shares, the sooner your ad will run.
The form to participate in a Palate Press Advertising Network Time Share campaign is below.
By purchased a share of advertising in The Palate Press Advertising Network, you will be seen on the broadest, deepest wine advertising network on the internet. Your advertisement will be seen on more than 100 different wine websites, including Palate Press: The online wine magazine, CellarTracker, Wine Berserkers, 1WineDude, The New York Cork Report, and more. The Palate Press Advertising Network serves more than four million ad spaces per month to over two million unique wine viewers. Our readers are educated, wealthy, and they love wine.
For more information about The Palate Press Advertising Network please upload our most recent MEDIA KIT.
Read more about Time Share Ad Sales on The Palate Press Advertising Network. we look forward to working with you to create a successful campaign.
Each share costs $30 and guarantees 2500 impressions in a month. We will load each Time Share campaign once we sell ten shares. Each submission should include graphics for at least two of our three standard sizes, 160x600, 728x90, and 300x250, as a *.gif, *.jpg, *.jpeg, or *.png.


text:
Cisco RSP16 Route Switch Processor
Buy, Sell, Rent, or Lease a Refurbished RSP16. Contact us by calling 800-327-0730, activating our Live Chat feature, or filling out our Quote Form to get immediate pricing and availability.
Product Details
- Manufacturer:
- Price:
- In Stock:
- Warranty:
- Cisco
- Contact Us
- Call
- 1 Year
Cisco RSP16 Route Switch Processor Overview
- Device Type
- Control processor
- Form Factor
- Plug-in module
- Weight
- 5.1 lbs
- Processors Installed
- 1 x IDT R7000 400 MHz
- Remote Management Protocol
- Connectivity Technology
- Wired
- Expansion Slots Total (Free)
- 2 ( 1 ) x memory
1 ( 0 ) x memory
2 PC Card
- Interfaces
- 1 x management - console - 25 pin D-Sub (DB-25)
1 x serial - auxiliary - 25 pin D-Sub (DB-25)
- Compatible Slots
- 1 x Expansion slot
Expansion / Connectivity
- RAM Installed ( Max )
- Flash Memory Installed (Max)
- 64 MB ( 144 MB ) - Flash
Express Computer Systems state-of-the-art engineering lab and certified technicians will make sure that your Cisco RSP16 Route Switch Processor is tested rigorously and in perfect working condition. To back it up, we carry a 100% Satisfaction Guarantee on all of our used and refurbished gear, in addition to one of the industries best warranties.
Shipping Policy
We stock all of our products. Items are fully tested and professionally packaged to ensure functionality on arrival.
The RSP16 will ship the same day if the order is received with sufficient testing and packaging time.
*Alaska and Hawaii customers, please contact us for a shipping quote.
Shipping Methods
We ship via Fedex. Next Day and expedited shipping services are available. Please contact us for a quote to upgrade shipping.
We can also ship via UPS or FedEx on your account number. Other freight and carrier services are available, please contact us at email@example.com to make arrangements.
Pickup & Delivery
Local customers may also arrange for pickup or delivery of items.
Net Terms
Approved Educational, Government, and Corporate customers may submit a purchase order to purchase the RSP16.
Please contact us and we will FAX or Email you a credit application.
Finance & Leasing Options
We have solutions to help you finance your purchase. Please contact us at email@example.com to learn more about our finance and leasing options.
Credit Card
To pay via credit card, please call us at (800) 327-0730
FAX your card type, card number, expiration date, name as it appears on the card, complete billing address including apartment number, zip code and phone number to us at (800) 327-0730.
Wire Transfer
International buyers must pay via Wire Transfer.
Please email us at email@example.com to purchase this product with a wire transfer.
Business and Personal Checks must clear prior to shipment.


text:
Human services leaders are responsible for delivering programs that provide protection, rehabilitation and a better quality of life for vulnerable people. Few jobs are more rewarding – or more challenging. Based on Accenture's experience working with human services agencies across the country, we believe leaders taking up office in 2015 must keep three priorities in mind from day one. In doing so, they'll be ready to hit the ground running, and make a real difference to the communities they serve.
First, they have to articulate a clear vision for where they plan to take the agency – and how they intend to get there. Next, they must assemble a team that brings together the core qualities that will drive success from the outset. And third, they need to be ready to create buy-in through early "quick wins", as well as being fully prepared for the unknown from day one.


text:
The following figure illustrates how attribute renaming is performed by Directory Proxy Server.
In Figure 17–1, the email client expects the last names to be specified by the attribute surname However, in the LDAP server, last names are specified by the attribute sn. When attributes are renamed, only the name of the attribute is affected — the value of the attribute is not changed. However, when attributes are renamed all entries with that name are renamed.
For information about how to configure attribute renaming, see To Configure Attribute Renaming in Sun Directory Server Enterprise Edition 7.0 Administration Guide.


text:
Craig McCracken, who gave the world "The Powerpuff Girls" and "Foster's House of Imaginary Friends," is back with a new cartoon, "Wander Over Yonder," about a happy alien who polices the universe with love. It premieres Friday on the Disney Channel.
This makes a change for McCracken, whose earlier shows were done for Cartoon Network, and for Disney Channel, whose earlier shows tended to be more identified with the corporate brand than with their individual creators, and (with some exceptions) have been less conceptually and visually extravagant or edgy — naturalism, within a TV budget, has always been the house style — than what airs on CN or Nickelodeon, the third big kids' network.
And though McCracken's cartoons are full of historical references, Disney is not prime among them. His work here more readily recalls the postwar biomorphism of UPA and the funhouse forms of 1930s Dave Fleischer and the power-in-stasis poses of anime. There are hints of Chuck Jones, as well — that big-eyed, long-eyelashed look — and Wander looks a little like Jay Ward's moon men Gidney and Cloyd, if they were hairy like Bullwinkle.
If "Wander" brings a different sort of rubbery energy to Disney, temperamentally the brand is a good fit for McCracken, whose work, even at its most violent, has always run on a bed of sweetness. ("Sugar and spice and Chemical X," in the "Powerpuff" formulation.) Wander has a little bit of Bugs Bunny and the Road Runner in his DNA — he is quick and capable and hard to cow — but he is also all hugs and kisses and hearts and rainbows, to the extent that he tends to miss the awful thing happening in front of him. (Burning town, hungry monster.)
Lord Hater (Keith Ferguson, who was Bloo on "Foster's"), the series' Darth Vader, rides about in a skull-shaped spaceship, abetted by an army of walking eyeballs: "I have tempted forth torrential tides of tears; I have reduced the richest of republics to rubble and ruin."
Wander: "Congratulations, that's amazing! Have you ever done this?" (Dances crazily, with his tongue hanging out.)
He's Candide, triumphant, with all the skepticism and irony offloaded onto his trusty extraterrestrial "steed," Sylvia (April Winchell, daughter of Paul.) (It's a bit of a Gumby and Pokey thing.) That Wander is voiced by Jack McBrayer, who played the similarly optimistic (though sometimes darker) Kenneth on "30 Rock," is a felicitous pairing; the character feels founded on the voice as much as the voice captures the character.
There is something childlike, too, about McCracken's art: However sophisticated and accomplished the execution, it feels homemade at its heart — a kid's imaginings, never a corporation's.
'Wander Over Yonder'
Where: Disney
When: 9 p.m. Friday
Rating: TV-Y (suitable for young children)


text:
Can I use full fat cows milk for my 6 month olds cereal and any cooking? He's EBF and thought I would have to pump for cooking but I've read elsewhere it can use cows milk??!?
I also read that in Scandinavia they wean onto cows milk at 6 months for babies milk needs rather than breast or formula? What's the LLL view of this? What's the reason for not letting babies drink cows milk till 1 years old?


text:
Jan. 21, 2006
Allen Arena is going to look even better to the Lipscomb Lady Bisons basketball team after four straight games away from home.
The Lady Bisons return home Thursday night at 7 to face North Florida. They closed out the road swing Saturday night in Boca Raton, Fla., with a 74-57 loss to Florida Atlantic in Atlantic Sun Conference play.
Sophomore guard Dana Carrigan scored 16 points to lead the Lady Bisons in scoring for the third straight game. She hit 6-of-12 shots from the field, including 3-of-7 3-point attempts.
Also in double figures for the Lady Bisons were a pair of freshman guards Jilian Partin with 12 and Miriam McAlister with 11. Both started in the game along with Penny Jones and point guard Catie Woods.
Playing without starting senior center Katie Beth Pate and starting sophomore forward Kaleigh Gossman the Lady Bisons were out-rebounded 56-31.
The Lady Bisons shot 42 percent from the field, including a 53.6 percent effort in the second half. They went on a 10-4 run to start the second half, but were unable to overcome a 40-16 halftime deficit.
Florida Atlantic shot 40.8 percent. Guard Shontavia Williams scored a game-high 17 points. Forward Brittany Crenshaw and Susan Beauzil each scored 10 points.
The Lady Bisons are 3-12 overall, 2-6 in the A-Sun. Florida Atlantic is 7-8, 6-2 in the conference.


text:
I just found this video and I saw people talking about it.
I couldn't help but sharing to everyone that I could.
I'm a believer in Mankind.
Call me naive but I really believe that we are capable of the impossible if we stick together...
Please share this video with whoever you know:


text:
I am a Libyan American who spent the last six months in Benghazi, Libya, visiting my father's family. Although I grew up hearing my dad's stories of Muammar Qaddafi's brutality, I could not fully comprehend what it would be like to watch friends arrested without a trial or hung publicly in the streets. I couldn't comprehend how it would feel to discover that siblings or parents had been killed one morning by a Qaddafi-paid assassin. In Libya, the mere mention of his name brings terror
Now that I am home, I am saddened to hear many Americans express regret for US involvement in Libya. When we don't have a personal connection to an issue, it's easy to get caught up in the political banter and forget that we are talking about real people. Americans must remember the power and responsibility we have in the international community. As a world leader and a country with the military capability to help protect innocent people from a barbaric dictator, the US made a courageous decision to intervene in Libya. This humanitarian act undoubtedly saved the lives of countless civilians.
There should be no regret in that.
In my case, understanding the history of this terrible regime helped me realize the incredible bravery of the Libyan people, and made the beginning of the uprising feel that much more frightening – and exhilarating.
The signs said 'America help us'
Before Western journalists arrived in the country, there was intense sense of foreboding among Libyans that the world would not see their fight or hear their voices. I vividly remember demonstrating outside the courthouse in Benghazi when we received word that the first Western reporters had arrived. The crowd went wild, and it brought me to tears. All the people crowded around the journalists to share their stories of how this ruthless regime had hurt them and their families. They wanted the Western world to witness their plight and help them win their fight for freedom.
Although the arrival of journalists from many countries brought increasing hope, the Libyan people believed that Americans were the most important audience to reach. They had the vision of freedom embodied in our Statue of Liberty in their heads. While I was there, everyone was asking, "Where is Obama? Where is America?" At demonstrations, people begged Americans for help. The signs and posters they waved did not say, "France help us" or "Britain help us," but "America help us."
US and coalition involvement nearly arrived too late. Mr. Qaddafi's forces were knocking on Benghazi's door with tanks and heavy artillery, and if intervening countries had waited even a day more, my family would probably be dead.
Intervention was a humanitarian act
I am disheartened when I hear how many Americans now argue that our intervention was not a "humanitarian act," but rather was founded on US interest in Libya's oil reserves. I can't deny that oil was probably at the forefront of the international community's decision to act. Libyan people have even said, "Thank God we have oil." However, to the Libyan people, US involvement was a humanitarian act because it saved many lives.
I also understand the concern of many fellow Americans who say this intervention in Libya will increase America's financial burden during an extremely tough economic time. The following analogy from one of my advisors at Linfield College puts the decision to intervene in context: "Imagine you are struggling to make a living and only have one loaf of bread to eat. Then you walk by someone who has absolutely no food. Even though you only have one loaf, you will probably choose to share your bread with that person rather than leave them with nothing."
When we have people begging us to help save their lives, how can we say, "No, you are not important enough to us." This is a conflict that is very close to my heart, and I want Americans to know how important they are to the Libyan people.
America's power and responsibility
Peaceful demonstrators, including my family, went out onto the streets to ask for freedom, justice, and dignity, and the Qaddafi regime responded with horrific brutality. The Libyan people had no way to defend themselves. A friend of mine who was out demonstrating told me, "We just have our hands and rocks. We have nothing." Without American and international intervention, many of those demonstrating would not have lived to continue their fight for freedom.
I hope that my fellow Americans keep such bravery in perspective: With American ability and influence comes immense responsibility – a responsibility we bravely upheld in intervening in Libya to save innumerable lives, including those of my family.
Nadia Abraibesh graduated from Linfield College last spring. In Benghazi, she joined protest rallies and served as an informal interpreter for Western journalists, including a reporter from the Christian Science Monitor. She will soon serve with Teach for America.