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Each January, organizers volunteer countless hours of their precious time to organize the Bear's Paw Polar Dip.
Then, for whatever their own personal reasons, men and women dippers of all ages go about collecting pledges to raise money for the Diabetes Association. And, like many other events, local businesses donate tents, food & refreshments to make everything come together into a fun community event.
One thing is for certain, it seems as though Jasperites will do almost anything if it means they can design & wear a costume!


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Review: Sputnik Mania
by Jeff Foust
|Prior to Sputnik Americans widely believed that they were technologically superior to the Russians, a belief shattered when they saw Sputnik streak across the night sky and heard the beeps of its radio transmissions.
About two-thirds of the way into the movie, after Americans breathe a sigh of relief with the successful launch of Explorer 1, the emphasis of the movie shifts from the space race to the nuclear arms race. The rationale behind this change is that the same rockets that put the first satellites into space could also be used to launch nuclear weapons or, eventually, wage war in space. It's here that President Eisenhower gets some image rehabilitation: shown in the first part of the movie as someone who didn't really recognize the effect Sputnik had on the nation, in the final portion of the book he's portrayed as the person who made sure, through the creation of NASA and other efforts, that space was used for peaceful purposes and not turned into another battleground.
For those who are even just somewhat familiar with the events of the late 1950s in space, Sputnik Mania won't provide any new revelations. The interviews included in the documentary provide some general background on events, but little in the way of novel insights. The collection of people interviewed is also rather eclectic: it's understandable to interview people like Sergei Khrushchev (son of Nikita), space journalist Jay Barbee, and Paul Dickson, whose book Sputnik: The Shock of the Century served as the basis for the book, but why also include comedian Robert Klein? (His contribution: describing being issued dog tags in school so his body could be identified after a nuclear attack if it was otherwise burned beyond recognition.) The movie, though, does serve as a reminder for those seeking another "Sputnik moment"—especially those who didn't live through the original—that it may not be desirable to repeat history.

subset: commoncrawl


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Miley Cyrus Ditches Super Bowl To Perform Laxmi Puja – Trending
What's bigger than the Superbowl? If you are Miley Cyrus, it's a fruit bowl in a Laxmi Puja? Confused? Well, Miley is not. While the whole of America is going crazy over superbowl, for Miley Cyrus, Laxmi Puja has taken precedence. "Puja" in Hindi, India's official language, means worship. And Laxmi is the Hindu goddess of wealth and prosperity. Hinduism is India's dominant religion and Hindus believe that worshiping and impressing Laxmi will bring them wealth and prosperity. And of course, the worship comes complete with a "fruit bowl". And she shared it all on Instagram.
See Also: Asghar Farhadi's Full Statement – "Won't Attend Oscars Even If Granted An Exception To Donald Trump's Visa Ban"
Stay tuned for more from the world of entertainment, only on Bollywood Red.


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I got this from my sister & thought it freakin hilarious, so I had to share. I tend to agree with all of these. Some more than others.
1. I think part of a best friend's job should be to immediately clear your computer history if you die.
2. Nothing sucks more than that moment during an argument when you realize you're wrong.
3. I totally take back all those times I didn't want to nap when I was younger.
4. There is great need for a sarcasm font.
5. How the heck are you supposed to fold a fitted sheet?
6. Was learning cursive really necessary?
7. Map Quest really needs to start their directions on #5. I'm pretty sure I know how to get out of my neighborhood.
8. Obituaries would be a lot more interesting if they told you how the person died.
9. Bad decisions make good stories.
10. You never know when it will strike, but there comes a moment at work when you know that you just aren't going to do anything productive for the rest of the day.
11. I'm always slightly terrified when I exit out of Word and it asks me if I want to save any changes to my ten page research paper that I swear I did not make any changes to.
12. I hate when I just miss a call by the last ring, but when I immediately call back, it rings nine times and goes to voicemail. What'd you do after I didn't answer? Drop the phone and run away?
13. I hate leaving my house confident and looking good and then not seeing anyone of importance the entire day.
14. I keep some people's phone numbers in my phone just so I know not to answer when they call.
15. I think the freezer deserves a light as well.
16. I disagree with Kay Jewelers. I would bet on any given Friday or Saturday night more kisses begin with Miller Lite than Kay.


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I'm here today to say that "Self Care" needs a new name and a new PR firm. The way we've got it delineated right now is for the birds. You see, in order to survive and thrive in this odd invention that is modern motherhood, I need more than some spa experiences, a little rest, a girls night, or "me" time. I need training. Like, legitimate elite training.
Alas, "Self Care" currently works like this:
Perhaps someone who loves you notices that you are losing your mind and they give you either a gift certificate or they offer to watch your kids, both of which always backfire because the gift certificate is usually to that beefy massage therapist with forearms made for a pirate ship and the kids come back knowing that Gummy Bears can be used as toilet grenades and that Miley Cyrus has an Instagram account with lots of "pictures of pizza" (yes, go look).
Or maybe you take it upon yourself to remedy the burn out by making a New Year's BullShitalution and decide to do more nice things for yourself. In which case, you started scheduling with a mad dash odd self-care services depending on access and affordability, which also means you and Groupon become intimate, with Living Social as your mistress.
And I've done it all. Like the one and only Brazilian waxing where the aesthetician talked about her new "juicy" pot roast recipe the entire time and after which I screamed, "WAIT, BRAZILIAN MEANS ALL GONE?"
And then the time I got my eyebrows dyed because I decided I didn't want to look like Powder if Powder were a scant Neanderthal woman with scrawny legs and a fivehead. Let's just say I ended up looking like this:
And then when I signed up for a 40-Day Hot Yoga Challenge, but only made it to Day 1 and then, after using the "I couldn't because of Divorce" card, I soon realized that yoginis are now businessinis. Buh bye hot investment.
And I've gotten my nails done only a handful of times and each time resulted in a legitimate shaming from the nail technician as she attempted to fix the avalanche of polish that occurred within 2.5 seconds. Apparently, sticking my feet in hiking boots is not a good post-polish idea.
And I'd be remiss to not mention the "detox for women" I did once that had me learning the art (or torture) of food combining where in I had to eat "flesh" and "fat" at certain times and not together with figs or fanny packs or flannels or Finnegan. Let's just say things got backlogged.
That last one happened a long time ago, so we can still be friends.
Modern Motherhood warrants more than these tactics, doesn't it? Like I said, it's a mind boggingly insane invention. It's completely devoid of the things that - and this could be a sweeping generalization - once made being a mother possible, nurturing, reciprocal, and manageable. For instance, take stock of what I mean:
- Loss of tribal, female-led communities
- No option for 40-days postpartum to recover and reconnect and attach
- Loss of nature as an incredible caregiver to our children
- Dependence on two incomes (or more) in most households, which means that the way we work has been depleted of passion and replaced by intense duty, pressure, and a lack of flex time for our children.
- Partners who face equal difficulties in their own roles
- Our bodies are objects under constant scrutiny
- Our lives turn into carpools with scheduled activities
- We often unconsciously - and sometimes consciously - compete against and judge each other as mothers
- We are addicted to smart phones that simultaneously give our stressed brains a needed dopamine release and yet rob our spirits of connection and mindfulness.
- 40% of us are addicted to substances as poor coping mechanisms for the above
I don't know about you, but I need some super skills in how to be with all of the above and not only be a steward to wee ones, but to not get sick or lost as a woman. Like, I need education. I need real deal tools. Would you suggest to a surgeon that he/she just go get a manicure before operating on someone rather than prep and train? Would we find it ok that our teachers skip the masters degree and go do a series of booty boot camps instead? Would it be even remotely possible for an athlete to compete at high levels with just a bout of meditation classes?
Why oh why do we not take the work of women as seriously as professional professions? Why is our current self-care system considered adequate for what we GET to hold and carry in this world? Please, explain it to me, someone, because the way I see it, we are raising complex human beings who will make or break our world's ability to conquer some pretty big obstacles. And, on a more surface level, we are the guides to their joy, an aspect of life that is really the only thing that matters and makes sense. And - listen carefully - we are doing that for them while managing an incredibly difficult terrain of modernity and pressures on us to function outside of our roles as mothers, a birthright we have fought to have and that we deserve to experience with full financial/spiritual/societal support.
Shitballs. I'm gonna need more than a temporary shine and polish.
Self-Care ought to be structured around a serious ninja warrior training protocol that actually helps me develop viable coping mechanisms. It should not require money. It should not be temporary. It should not have to need a vacation afterwards or a bullet proof vest or a bubble around me in order to maintain. It ought to be in the air we breathe every day and in the very available resources of our soul and gumption.
And, don't get me wrong, I'm not knocking the whole cushy yummy spa experiences. I get it. But, I just don't think they should be lumped into the "Self-Care" category. They should be instead: Options for Warranted Luxury.
Thus, I'm renaming Self-Care for myself as "Tactical Self Anchoring" instead.
Now, WARNING. You are instantly going to start naming Should-Dragons and listing them out as your training protocol. Eat better! Save money! Go to therapy! No. This is the old way. It has failed you before, it will fail you again. The new way is this:
- Find a Tactical Self-Anchoring Buddy
- Agree to communicate about your training
- Set Your Heart and Mind On Adapting this as a Non-Negotiable Practice
And then, each day, do these things while preparing to communicate about :
- Sit in silence for 2-5 minutes
- Confess your vulnerabilities and your normal -isms out loud each day, with laughter and perspective
- Declare how you want to FEEL today on paper - just a word or phrase before you look at your phone
- Declare how you are going to fight for that feeling today on paper - just a word or phrase before you look at your phone
- Look people and your children in the eye throughout your day
- Wait at the minimum for three seconds before saying YES/NO to anything (food, people, duties, helping, travels, spending, etc)
- Exercise
- Hydrate
- Sleep
ENTER TACTICAL SELF-ANCHORING TRAINING. You'll get tons of tentacles growing out of this training, which is the whole point. Don't sway from the course, though. Keep on these few things and the rest will slide in as it needs.
In my head, I ended this post with a Karate Kid Crane move. FYI.


text: [ { "catentry_id" : "522923", "Attributes" : { "Colour_Charcoal":"1" }, "ItemImage" : "/wcsstore/StorefrontAssetStore/images/NoImageIcon.jpg", "ItemImage467" : "/wcsstore/StorefrontAssetStore/images/NoImageIcon.jpg", "ItemThumbnailImage" : "/wcsstore/StorefrontAssetStore/images/NoImageIcon.jpg" } ] Vermont Charcoal Cushion £10.00 Qty (1) Qty (2) Qty (3) Qty (4) Qty (5) Qty (6) Qty (7) Qty (8) Qty (9) Qty (10) Qty (11) Qty (12) Qty (13) Qty (14) Qty (15) Qty (16) Qty (17) Qty (18) Qty (19) Qty (20) Add to basket × Your item has been added to basket Your items have been added to basket One line title Qty%(quantity)s %(price)s Continue Shopping Checkout Vermont Charcoal Cushion is rated 4.4 out of 5 by 101. Rated 5 out of 5 by Dani from Love Dunelm Just moved house & literally fully kitted it out with Dunelm furnishings. The cushions match the curtains which ties yhe whole room in together. Wouldnt go anywhere else! Date published: 2018-05-09 Rated 5 out of 5 by Pixie from LOVELY COLOUR I bought these to march my curtains, against my brown sofa they are a lovely contrast, very good quality, very happy with my purchase Date published: 2018-05-02 Rated 5 out of 5 by VC8 from Plump and great colour! Bought this as an addition to other cushions, but actually prefer it. These cushions are plump and support the back well. They are a beautiful colour and look more expensive than they are. Date published: 2018-04-05 Rated 5 out of 5 by madams1012 from Excellent cushion I bought this to go with the Regan curtains and cushion set Date published: 2018-03-04 Rated 5 out of 5 by Andrew from Matched our curtains perfectly Happy with these cushions they're great they totally match our curtains bought from dunellm over 2 years ago Date published: 2018-03-01 Rated 5 out of 5 by Sue63 from Cushions Perfect colour and looks great next to the same cushion in orange. Date published: 2018-02-18 Rated 5 out of 5 by Sue63 from Cushions Fantastic colour, so pleased i could get cushions to match the curtains. Date published: 2018-02-13 Rated 5 out of 5 by Patricia A from Lovely cushions. I bought 4 of these cushions to use with the matching curtains and 3 other patterned Dunelm cushions and I'm very impressed with them. They are a lovely colour and excellent quality. I would definitely recommend. Date published: 2018-02-11 Vermont Charcoal Cushion Reviews - page 2 y_2018, m_8, d_16, h_9 bvseo_bulk, prod_bvrr, vn_bulk_2.0.8 cp_1, bvpage1 co_hasreviews, tv_5, tr_96 loc_en_GB, sid_1000076177, prod, sort_[SortEntry(order=RATING, direction=DESCENDING), SortEntry(order=SUBMISSION_TIME, direction=DESCENDING)] clientName_dunelm


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text:
Muneer Satter and Kristen Hertel/
NET WORTH: Unknown
SOURCE OF WEALTH: Goldman Sachs; Satter Investment Management
FUNDING AREAS: Educational Opportunity, Human Rights & Democracy, Health & Human Services, Environment, Economic Opportunity, Veterans, Arts
OVERVIEW: Muneer Satter and his wife Kristen Hertel move their philanthropy through the Satter Foundation, which gave away around $6 million in a recent fiscal year. The couple's philanthropy through their foundation is varied, but top interests include education in Chicago, and promoting human rights and democracy. The couple has also been supportive of their mutual alma mater Northwestern, the recent recipient of a $10.5 million gift.
BACKGROUND: Muneer Satter received a B.A. from Northwestern University, and a J.D. and MBA from Harvard. Satter joined Goldman Sachs in 1988 and moved to London in 1992 to launch and co-head the firm's merchant banking group in Europe. Satter returned to New York and was the global head of the mezzanine group. He was also a partner of the firm for sixteen years. Satter now manages Satter Investment Management (SIM), a private investment firm and family office. Satter and his wife Kristen live in Winnetka, Illinois.
EDUCATION & YOUTH: Satter and his wife Kristen are primary supporters of New Schools for Chicago, which opens and supports charter and district-run schools. Between 2011 and 2016, the Satter Foundation gave between $1 and $2 million to New Schools for Chicago alone. The couple via their Satter Foundation have supported places like Edify, Junior Achievement, New Schools for Chicago, Noble Network of Charter Schools, Room to Read, and Ounce of Prevention.
The couple also supports higher education. Satter has supported Harvard Law and Harvard Business School recently. The couple has also steadily supported their mutual alma mater Northwestern University. In 2015, Satter and Kristen gave a $10.5 million grant to Northwestern. Most of the gift will support the Satter Foundation Scholarship program at Northwestern University Feinberg School of Medicine.
HUMAN RIGHTS & DEMOCRACY: Satter's father was born in India and immigrated to the United States. His mother, meanwhile, was a Civil Rights activist during the 1950s. Driven in part by these forces, Satter and Kristen's grantmaking via their foundation involves these issues. The couple has supported places like the New Venture Fund (NVF), which works to "achieve a healthier, more equitable world; Human Rights Watch; AmeriCares; and Samasource, which "connects low-income people in Kenya, Uganda, India, and Haiti to internet-based work to help them move out of poverty."
ARTS & CULTURE: The Satter couple's arts and culture philanthropy is focused in on the Chicago area. Grantees have included Chicago Botanical Garden, Chicago Symphony Orchestra, Chicago Zoological Society, Joffrey Ballet, and Lyric Opera of Chicago.
HEALTH & HUMAN SERVICES: The couple via their foundation have recently funded outfits like Friedman Brain Institute, Lurie Children's Hospital, Mayo Clinic, Northwestern University Health System, and the Rehabilitation Institute of Chicago. On the human services front, grantees have included United Way, Family Service of Winnetka, Greater Chicago Food Depository, and the Robin Hood Foundation.
LOOKING FORWARD: Only in his mid 50s, Satter is running an active philanthropic operation with his wife Kristen. It's worth noting that a component of this couple's varied philanthropy also involves the environment and supporting veterans. In the past, Satter and Kristen also supported right of center policy outfits like AEI.


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The SEL2641R433-SAT is a purpose built receiver for ATRIUM Access Control. This PCB plugs directly into the ATRIUM controller to provide a radio receiver which does not require a housing or external power source. The PCB is the reader and RF transmitters pass into the access system directly.
Contact us: +39 - 0438 - 45 08 60 - Email: email@example.com


text:
Spotify playlist: Piccadilly Sunshine pop psych series
When I flagged up the Beatfreak! album earlier, it started a train of thought around the Particles label which eventually led to this Piccadilly Sunshine Spotify playlist. Continue Reading
When I flagged up the Beatfreak! album earlier, it started a train of thought around the Particles label which eventually led to this Piccadilly Sunshine Spotify playlist. Continue Reading
There has been some talk about these in the last few weeks, but from tomorrow you can finally get your hands on a pair of the Hutton limited edition Type 01 desert boots. Continue Reading
A potentially interesting release from the Particles label, namely Beatfreak! Rare And Obscure British Beat 1964-1968. Continue Reading
If you are a fan of the film and live within commuting distance to the capital, you might be interested in this 'fully immersive' Quadrophenia screening at the Hammersmith Apollo on 11th February 2016. Continue Reading
Not vintage, these 1960s-style shift dresses are available on the high street (and online) at Oasis. Continue Reading
Urban Outfitters has been making something like this for a while now. But the Dansette-style GPO Retro Bermuda record player with legs definitely undercuts it for price. Continue Reading
Do you remember the original Soul For Dancers collection from last year? Well, it proved pretty popular – popular enough for Soul For Dancers 2 to become reality on the Fantastic Voyage label. Continue Reading
We had two versions of this shoe return in December. Now there is a third version of the Adidas Jeans MKII trainers in brown suede available online. Continue Reading
I suppose 'new' isn't quite the right word for the match of Tootal Vintage scarves at Stuart's of London right now. Continue Reading
There is still plenty of good stuff in there, so an extra 15 per cent off the sale at End Clothing might go down well. Continue Reading
Copyright © 2018 Modculture


text:
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text:
:: Historians and Access to the Files of Lawyers ::
March 7, 1994[1]
Organization of American Historians
Ad Hoc Committee on Access to Lawyers' Files
Kermit L. Hall (chair)
Paul Finkelman
N. E. H. Hull
Stanley N. Katz
The Executive Board of the Organization of American Historians (OAR) in September 1991 formed the Ad Hoc Committee on Access to Lawyers' Files. It directed the committee to report on and make recommendations regarding the mounting problems that historians and other scholars and researchers face in gaining access to the files of lawyers and law firms. The OAR board also directed the committee to consult with the American Bar Association about the ethical and practical matters associated with the issue of access and to seek the ABA's assistance in formulating guidelines governing future policy.
The Problem:
Historical Resource and Ethical Dilemma
Historians and lawyers are often, although not always, at odds over the disposition of the latter's papers. The reasons spring from their competing professional obligations. Historians and other scholars and researchers are duty bound to seek any and all materials that may shed light on the past. The process of research cannot be satisfied exclusively by public, published materials. Historians recognize that law plays a dynamic role in society, and a sympathetic and professional assessment of that role must depend on private materials, such as client files and attorney work product, including memoranda, notes, and client correspondence. Much of what is most important in the legal process can only be gleaned from an understanding of the business transacted in and through a lawyer's office. There, hidden from the public eye, the attorney and client depend on the concept of confidentiality to promote the frank and full discussion of issues so essential to the adversarial process. For a lawyer to release materials that a client considered confidential would be a profound breach of personal trust and professional duty.
These materials raise other dilemmas for lawyers and law firms. First, not everything contained in the record of a client may be the property of the client. Lawyers and law firms have an independent interest in their work product, especially in an era in which attorney malpractice suits have become common place. There is a lively debate over just who owns what in a client file — the client, the lawyer (or lawyers) that prepared the material, or the law firm? These questions have been addressed in some jurisdictions by law, by custom and habit, and in others they remain unsettled. Some bar associations have provided opinions to their members indicating that everything contained in a client file belongs to the client, including the work product of lawyers preparing the case; other bar associations have adopted less comprehensive opinions. In short, the concept of what is a client file is dynamic and subject to different interpretation in different places.[2] The committee recognizes, therefore, that any policy regarding access by historians and other researchers to these materials must take account of the different interests represented in the client files and the general work product that went into its preparation.
Second, client files pose an administrative burden for the lawyers and law firms that retain them. The archiving of these materials, especially at large law firms, has become a specialized profession involving records managers and archivists. While these materials may have importance as precedents in dealing with subsequent litigation and client activities, according to a recent report of the Association of Records Managers and Administrators (ARMA) most of these files are never used again.[3] Indeed, in recognition of the growing mountain of documentation that is associated with modern litigation, more and more firms are taking the approach that these files can be best disposed of by being returned to the client, sometimes with part or all of the associated work product.
Third, lawyers and law firms also recognize that at some point the materials they hold have no significant legal or business value, either to the firm or to the client. Hence, even though lawyers have an obligation to maintain confidentiality for their clients, they also acknowledge that for practical purposes responsibility does not continue in perpetuity. At some point, which in a survey conducted by ARMA ranged from ten to twenty-five years, the records could be destroyed, archived, or otherwise disposed of. What is most telling, however, is that the same survey conducted by ARMA revealed that more than two-thirds (69%) of the firms surveyed had no retention policy at all. Moreover, more than one-half (57%) of the surveyed firms made no provision to ask clients about the disposition of their files.
The ARMA survey suggests then that lawyers and law firms have hardly come to closure on the issue of how to deal with client files and work product, let alone how to treat the question of access by historians and other scholars and researchers to those files. Instead, many firms and lawyers undoubtedly adjust to the circumstances before them, following a rule-of-thumb guide about what to do with their records, some of which may be more their's than the client's where work product is involved. Of course, the fact that there are two different interests in the client files — the client's and the lawyer's and/or firm's — does not in any way override the confidentiality issue. It does, however, underscore the complexity of the task of deciding not only what can be released to historians but who can release it. The preponderance of professional opinion among the bar is best summarized by the New York State Bar Association in the following way:
Whenever possible, the client should be consulted concerning the disposition of his files and encouraged to preserve them on his own. Lawyers are advocates and advisors. They are not warehousemen or perpetual repositories for the files of their clients. A good lawyer need not retain his clients by holding on to their files and a poor one will soon learn that such tactics avail him nothing but additional expense.[4]
The access issue is important because the files of lawyers and their clients provide a valuable window on our past. The papers of many prominent lawyers (and their clients) have long been available to the public, not just historians. For example, more than a decade ago Columbia Law School Professors Julius Goebel and Joseph Smith published a five-volume collection of the legal papers of Alexander Hamilton. Today, we have access in published form to the legal papers of John Marshall, John Adams, Daniel Webster, Andrew Jackson, and soon Abraham Lincoln. Moreover, libraries, archives, and other repositories contain the papers of thousands of lawyers, and many of these collections embrace materials dealing with the most intimate details of the preparation of cases.
Historians and other scholars and researchers use the papers of lawyers in a variety of ways. Biographies of important lawyers benefit from the case files and other documentation of lawyer's practice. Without access to such papers, Professor William Harbaugh could not have written A Lawyer's Lawyer, his brilliant biography of John W. Davis, Studies of litigation also rely on case files and other papers in the hands of lawyers. In writing Simple Justice, the classic study of Brown v. Board of Education (1954), Richard Kluger used the papers of attorneys involved in the litigation, including the files of the N.A.A.C.P.'s Legal Defense and Education Fund. Mark Tushnet's analysis of the pre-Brown litigation strategy of the Legal Defense and Education Fund would have been impossible without access to the Fund's legal files. These are only a few of the examples of the way in which access to such materials mold public understanding of the most important figures and events in American history.
We need to remember, as well, that what makes client files and work product valuable is the influential role that the bar has played in our society. Alexis de Tocqueville probably overstated the matter when he observed in the 1830s that lawyers were America's only true nobility. Still, there is no doubt that the legal profession has been critical in shaping our public policy and private lives through the day-to-day practice of their craft. The more Americans know about this important profession, the more likely they are to understand its role. At a time when hostility toward lawyers is at record levels, better understanding of the bar and its works makes good professional and social sense. Similarly, the more the profession understands itself as revealed through the lens of history, the better it will be able to serve society. Scholarship based on the best historical evidence is vital to both ends.
The public's interest in an accurate rendition of the past as revealed, at least in part, through the papers of lawyers collides with a competing social interest in maintaining the integrity of lawyer-client confidentiality. Buried within these contending demands are profound questions about the duty of lawyers to maintain the confidentiality of their client's records, of the scope of that responsibility after the death of the client, and the right of lawyers to donate their papers to libraries and other research centers for the purpose of enhancing the historical record and providing the basis for future public policy decisions.
These ethical and professional matters have been the subject of intense scrutiny during the past few years because historians and other scholars and researchers have pressed increasingly for access to legal documents of all kinds. At the same time, the bar has become vulnerable to malpractice suits based on charges of professional misconduct. This development has had a chilling effect on much of the discussion about access. The prevailing mood among lawyers on confidentiality poses a major problem in granting historians greater access to their papers. There is simply too much concern among the bar, especially its leaders, that a loosening of confidentiality restrictions will create conditions imposing additional liability on lawyers. For example, the ABA's Committee on Ethics recently attempted to rewrite the rules governing discretion by lawyers to disclose confidential information in the course of withdrawing from a representation in which a client intended to commit fraud. The ABA membership, however, defeated this effort on the grounds that a more permissive rule would breach confidentiality standards so fully that an obligation to disclose fraud would result in lawyers facing enormous civil damages.
Lawyer groups outside the ABA have had somewhat greater success in dealing with the access issue and the related matter of client confidentiality. The American Law Institute, for example, boldly addressed the matter in Restatement of the Law Third: The Law Governing Lawyers. Section 111, Comment d., Tentative Draft No. 3 (April 10, 1991) includes a paragraph describing the relationship of historians to lawyers. It proposes that lawyers cooperate with historians under certain conditions. The Reporters for this part of the Restatement originally drafted a statement dramatically expanding the access by legitimate researchers to the files of lawyers. The drafters, however, ultimately employed language that was cautious enough to satisfy critics ("cooperate carefully"; "long and discreet interval after the representation has ended," "no reasonable likelihood of risk," and such).[5]
The Restatement text deserves serious consideration. The American Law Institute, while a private and professional group, commands great respect within the legal community. The inclusion of an official comment in the Restatementendorsing the position that within the constraints of client confidentiality lawyers may share their files with historians offers a starting point for even greater collaboration between the OAH and the ABA.
The Legal Issues of Access
The existing relationship between historians and lawyers over access by the former to the client files and work product of the latter turns on five important matters.
1. The failure of most firms and lawyers to adopt a records retention and disposition program.
2. The scope of attorney-client privilege after death and the associated privacy rights of heirs.
3. The privacy rights of clients after their deaths and the
4. The effect of statutes of limitations in exposing clients, their heirs, and third parties involved in the legal matter to civil liability as a result of the opening of client files and work product to scholars.
5. The authority of lawyers to donate to archives the papers of clients and related work product that are of historic significance.
The issue of access to client files and work product has to be addressed as part of the larger problem of records management within law offices. As the ARMA report makes clear, lawyers have frequently neglected this quite practical issue. Clients come and clients go, but many firms seem not to have thought about what should happen to the records that are generated in the process. As a first step, lawyers need, so to speak, to put their own houses in order. Too often lawyers simply ignore the issue of responsible records management, and with it questions of access, by invoking a blanket doctrine of confidentiality. As a result, records get tucked away with little thought about who (lawyer, firm, or client) is responsible for what, let alone who might have access to the materials.
The matter of records management has considerable significance in the mind of the committee, since its members have concluded that the legal considerations are not dispositive of the larger policy issue. There is significantly greater opportunity under existing law for fuller cooperation between historians and lawyers than presently occurs.
Courts generally believe that some form of attorney-client relationship survives the death of the client. Death alone cannot sever what is considered to be one of the most important features of the Anglo-American scheme of justice. Yet most of the cases have involved contested wills and other estate matters. Usually, these cases arise when a family questions the testamentary capacity of the deceased. Attorneys in these cases are often called to testify as to the capacity of the deceased to arrange appropriately the details of his or her estate. In general, courts have held that the attorney-client privilege exists beyond the deceased's death, although many of these same courts have permitted attorneys to testify about the circumstances under which a will was prepared. Still courts in other states have taken the position that material in these and other circumstances is only privileged if the client meant it to be kept confidential. Moreover, there is nothing in this area of the case law, almost all of which deals with the capacity of attorneys to testify about the actions of their clients, that would prohibit the release of case files after the settlement of an estate.
This last finding is of some importance, since American case law generally holds that the right of privacy dies with the individual. The leading case is Lugosi v. Universal Pictures (Cal. 1979).[6] David A. Elder sums the matter up neatly in The Law of Privacy (1991): "The overwhelming majority of decisions provided that the right of privacy is personal, non-assignable and dies with the holder thereof."[7] Finally, William A. Prosser, who was one of the nation's leading authorities on the law of civil wrongs wrote:
There has . . . been a good deal of consistency in the rules that have been applied to the four disparate torts under the common name [of invasion of privacy]. As to any of the four, it is agreed that the plaintiff's right is a personal one, which does not extend to members of his family, unless as is obviously possible, their own privacy is invaded along with his. The right is not assignable, and while the cause of action may or may not survive after his death, according to the survival rules of the particular state, there is no common law right of action for a publication concerning one who is already dead.[8]
At least on the grounds of privacy, therefore, neither an attorney who gives access nor a historian who uses the materials can be held liable for invading a dead persons's privacy as a result of using once confidential files.
The privacy issue is important but not dispositive of the confidentiality matter, since third parties might be injured by the release of previously confidential files. All American courts recognize, however, that the liability of the client and the client's heirs is limited both by statutes of limitations and by the doctrine of laches. Taken together, these provisions have immunized clients and their heirs so that it would be safe for attorneys to release previously confidential information, even if they had a direct impact on third parties to litigation. The ABA has concluded that the existing ethics code provisions on confidentiality are meant to protect a client's material interests. Therefore, if a client's material interests were made safe, there would be less reason to insist on maintaining perpetual confidentiality. What is striking in this regard is that in other instances where a client's material interests are involved, such as contract and tort cases, that interest is deemed to have ended with the running of the statute of limitations. In short, in these and other cases, there is a probable cutoff point at which time clients, depending on which side they occupy, either no longer have a cause of action or are immune from such a cause of action.
There are some obvious but not necessarily fatal impediments to an approach that relies on a statute of limitations concept. Under certain circumstances statutes of limitations are tolled –suspending the running of the statute and in effect extending the period during which actions may be brought. Tolling of the statute is the exception; it only occurs in limited types of cases. For example, cases involving tort suits for latent disabilities or diseases, such as those associated with asbestos. There are also examples in American law of tolling statutes involving certain wrongful death actions. These and other actions, however, are themselves limited to some degree by the doctrine of laches, which is applied to restrict the bringing of old and stale complaints to the courts. Hence, extremely old suits are generally barred even if the statute of limitations would have been technically tolled because of, for example, a fraud in an original business transaction. Laches, of course, is a discretionary doctrine that judges can or cannot apply. Nevertheless, there are no cases when a court opened up a transaction involving fraud after 20 years. Consequently, sealing files for twenty years or more should effectively protect clients under these circumstances and permit historians to gain access to client files and work product.
Finally, the lawyers themselves face a complex set of legal barriers in donating and otherwise making accessible historically significant papers, whether work product or client files. That many lawyers wish to do so is made abundantly clear by the thousands of collections of lawyers papers that already are held unencumbered by archives, libraries, and other repositories. Some state bar associations have addressed these matters successfully. The program adopted by the Dane County (Wisconsin) Bar Association's History and Memorials Committee, for example, provides a model of how other bar associations can assist not only lawyers, but historians, archivists, and librarians. Even with the ABA guidelines urging strict confidentiality of all materials, lawyers continue to donate not only their work product but the files of their clients. In the end, many lawyers believe that they already possess the authority to make decisions about the disposition of confidential materials. Others, however, feel restricted by current law and official pronouncements, refusing to provide access to researchers of any stripe. Somewhat amazingly, in an area so fraught with ethical and professional conflict, neither the bar nor the historical profession have given much guidance to lawyers wishing to make such files available.
In almost all jurisdictions, however, the authority of lawyers over the disposition of their papers and materials is absolute. Under such circumstances, lawyers donating materials always risk their reputations and practice, and that risk has a significant chilling effect. As they presently exist, therefore, ethics and confidentiality rules may well deprive historians and other scholars and researchers, and therefore society as a whole, of a valuable historical resource.
While the ABA's present guidelines urge strict confidentiality, the ALI Restatement, the pertinent case law, the practice of applying statutes of limitations to similar areas of legal dispute, and the practices of individual lawyers and some local and state bar associations reveal a different pattern. The existing law hardly provides open entre to lawyers files, as it properly should not. The committee believes, therefore, that given current law and practice, its recommendations must take account of the often contending public policy and professional priorities of historians and other scholars and researchers, on the one hand, and lawyers, on the other. Sophisticated researchers understand that other interests must be balanced against open access to documents. The critical question is how to strike that balance.
The Committee urges the OAH to invite representatives from the ALI, ABA, the American Society for Legal Historians, and the Society of American Archivists to form a cross-disciplinary working group to facilitate the recommendations that follow.
The existing ad hoc committee has succeeded in framing the major issues involving access, in surveying the relevant law, in making contacts with appropriate representatives of bar and archival groups, and in framing recommendations for action. With these tasks accomplished, the level of what has been informal discussion needs to be elevated and formalized by bringing together the involved parties. The ad hoc committee is struck by the extent to which other groups, including the American Society for Legal History, are working on these issues and, at the same time, how much of this effort has been carried out in isolation from one group to another. Now is the time to bring the major players to the table, a task that the OAR, as a result of its prestige and the ad hoc committee's activities, is uniquely qualified to fulfill.
That the working group proposed in Recommendation One take as its responsibility the development of a model code that can be used by bar associations, law firms, individual lawyers, clients, historians and other scholars and researchers, and archivists.
The OAR must accept as a matter of policy that issues involving access to the files of lawyers are inherently local and must, therefore, be solved at the local level. A model code approach offers perhaps the best way of bringing national expertise and direction to bear on what is an inherently local matter.
Such an approach has been widely (and successfully) used in bringing about law reform in America's federalized legal system. For example, the Uniform Commercial Code began as a model of what might be done by the states in structuring commercial relations. This approach involves a professionally diverse national body, such as that suggested above, which undertake the difficult task of establishing a standards and procedures, in this instance involving access to the files of lawyers. Once the model code is formulated, then local groups are left to implement it.
That the working group proposed in Recommendation One also be directed to draft appropriate model documents to fulfill the recommendations made in the rest of this report.
Along with the model code, the working group needs to provide model documents. These should include: (1) a client waiver form; (2) a contract of deposit between the archive and law firm making the deposit; (3) a brochure designed to educate law firms on the value of managing their files for posterity, the ethical issues raised from the perspective of the historian, the lawyer, the client, and the public, the wisdom of and the procedures for depositing those files in archives, and what happens to files after deposit; (4) a brochure for law firms to give clients that would explain some of the same things from the client's perspective as well as the implications for them of public deposit and their autonomy in determining conditions of disclosure; and (5) a brochure for historians providing guidelines about the ethical, professional, and practical issues surrounding the use of lawyers' papers.
That the working group proposed in Recommendation One adopt as its guideline that lawyers files, client records, and work product become open after 50 years of the close of the matter, litigation, or transaction or 50 years after the demise of the client or client entity, whichever may be longer.
The law in several jurisdictions and common sense suggest that as times passes concerns about confidentiality diminish and the opportunity for access grows. Eternal confidentiality in private legal materials is just as impracticable as is complete openness.
The threshold issue with these older materials is, however, the same as with current documents: fidelity has to be exercised to the wishes of clients, lawyers, or law firms in releasing materials. Future practice by lawyers and law firms should address the disposition issue, as discussed below, at the beginning and conclusion of a legal matter. That is future practice, however; the current reality is that many clients, their heirs, their attorneys, and even the firms that represented them have long since vanished without giving any directions about the disposition of their files and work product.
The committee believes that any standard developed with regard to the timing of opening files for which no instructions have been left should err on the side of confidentiality. A fifty-year rule has the advantage of insuring that, as we move toward a new era of informed consent on the part of clients, that their interest in providing for the future openness of their records is not lost in current debates about how to dispose of records for which we have no instructions. The proposed standard, as written, provides adequate protection to not only clients but to heirs, lawyers, and law firms.
That the OAH facilitate the establishment of a pilot program composed of a multidisciplinary advisory board to demonstrate the potential of local release and advisory board programs.
Client confidentiality is central to the adversarial process; it must be maintained. Common sense and existing legal precedent suggest, however, that confidentiality grows less important with the passage of time. Present-day client files and work product, if made available beyond the bounds of the lawyer and client, could harm the material interests of the client, his or her lawyer, and the law firm. As the ALI comment makes clear, current materials must be treated with great discretion, and they can be opened, depending on their character, only when consent is given by the client, the lawyer, and perhaps the firm. Any such disclosure, of course, must also take account of the interests of third parties, since damage to them by disclosure could well be actionable. There is no legal or ethical basis upon which researchers could gain access to current materials without the consent of the persons involved. If the parties to a legal matter do not wish to surrender these materials, then scholars will not have access to them. The matter is that simple.
The committee can foresee that parties might, under the appropriate circumstances, be willing to provide access to current client files and work product. Doing so would almost certainly involve a process of negotiation, one in which historians and other scholars and researchers, along with archivists, records managers, clients, and their lawyers would participate. Such an arrangement is contemplated by the ALI comment in urging the establishment of a pre-release screening mechanism, which recommends the use of an agency or judge. The committee recommends, however, that the OAR take a leadership role by establishing a model advisory board in conjunction with the highly successful program already operating under the auspices of the Dane County Bar Association in Madison, Wisconsin.
Such a board would bring together for a three-year trial period bar association leaders, historians, archivists, journalists, and representatives from the public. This board might, for example, be modeled on the human experimentation committees widely used by universities and hospitals around the country in reaching decisions about the allocation of experimental drugs and advanced medical procedures.
The committee believes that matters of access are almost always local in character, that they almost always involve several competing interests, and that there has to be some mechanism to promote trust, collaboration, and cooperation among those competing interests. While the adoption of ALI guidelines would be helpful, their implementation will depend on the creation of effective working relationships among historians, lawyers, and archivists in localities around the country. The OAR should turn its attention to building the initial components of what could become a national network of advisory boards.
The proto-type local advisory board would help, among other things, to bridge the substantial gap that presently separates lawyers and scholars. They also would provide a test-bed for learning more about what would be required to establish a network of such boards on a nationwide basis at the same time that the national working group was formulating a model code and preparing model documents. These boards would use their good offices to facilitate access agreements where current legal materials are involved. Such a service would be voluntary and non-binding. Its duties would be, as the ALI comment suggests, to set policies on a local basis and assess the relative importance of release of the information against confidentiality interests.
Local advisory boards could play an important role in persuading lawyers and firms to adopt modern records management techniques and to seek client consent to disposition of the materials. These boards would also be helpful in sorting through the status of materials subject to the 50 year rule to which historians and other scholars and researchers sought access. In these instances, the presumption would be in favor of disclosure, with the local advisory board asked to make a judgment about why these materials should not be opened rather than why they should stay closed. Certainly after the death of the client, the passage of a half century to safeguard the interests of heirs and third parties, the dissolution or generational turnover in tes without detriment to any of the parties. If such detriment can be shown, then local boards could actually be helpful to clients, lawyers, law firms, and third parties by throwing the weight of expert opinion on the side of confidentiality. In the case of the law firm, those materials can arguably be opened to research, since a board's actions would be advisory, with implementation based on good will.[9]
A collaboration with the Dane County Bar Association would be productive, as well, in sorting through the issues of how to form, fund, and convene such a group. Since the Dane County group has already made substantial progress on these matters, it makes excellent sense to learn from their experiences.
The OAH accept that client consent and a statute of limitations approach are the cornerstones of a legitimate access policy.
Clients, in most instances, purchase legal services; lawyers and law firms deliver those services. As such, clients have an interest in and a right to control the disposition of the records created in the delivery of that service; lawyers and law firms, as professional business entities, have an interest in and a right to control access to their work product. The bar needs, in the course of adopting modern records management techniques, to build a policy of informed consent about what it is that clients can now take away from their relationship with a lawyer or law firm. An important aspect of informed consent would be to pose directly to clients whether they want the records held by the firm to be released at some specified date in the future. This process should also give clients the right to choose whether they want to hold the completed files themselves. If so, then scholars would be left to deal with individuals and their heirs in gaining access, an arrangement that would sever the knot of contention over the attorney-client privilege and turn the issue into the same sort of question that scholars face today in using the papers of any person — private or public.
A client, of course, might choose to have a law firm retain the records, but in doing so the firm would have to make a calculated business judgment about whether it wants to serve as a warehouse and for how long. If a client wants to have his or her records maintained in perpetuity by a firm, and the firm or lawyer agrees, then there is little else to be done. But the costs of doing so seem excessive, and firms may well find it more useful to put a time limit on holding of the materials with a provision that they be transferred to an archive. At that stage, of course, other restrictions might come into play, as is suggested below, but whether retained by the firm or an archive, records could be sealed for a period and then become open for research.
Indeed, a policy of informed consent and a statute of limitations approach would seem calculated to produce greater access both to client files and lawyer work product. The principle of informed client consent makes obvious from the outset what the costs of openness and confidentiality are for all concerned. Such decision-making seems likely, given the high costs of maintaining original paper and electronic files, of moving us toward a policy of disclosure.
In the end, matters of client consent and statute of limitations approaches depend on local action. That is why the model code and local advisory board schemes offer such great potential as a solution to our present problems. Yet, local bar associations, historical societies, and archives and libraries, supported by a model code on access and the availability of documents informing lawyers and clients of their rights and the interests of the public, can work together to make records available which would otherwise remain closed.
The OAR should work with the ABA to pass legislation in the House of Delegates that would embrace a slightly amended version of the existing ALI guidelines, support model code legislation, and endorse the concept of local advisory boards.
The current ALI Restatement on the Law Governing Lawyers recognizes the social interest to be served by granting scholars access to client files and the work product of lawyers and law firms. The ALI recognizes that ethical considerations about disclosure need to be balanced against the social interests of scholars in having access to these materials.
The committee, therefore, urges the OAH to work with the ABA and the ALI to achieve the following:
1. That the existing ALI statement be revised in the following manner:
(A) A lawyer may disclose information relating to the representation of a client, including information in written form, that the lawyer reasonably believes to be of historical significance, for the sole purpose of research and scholarship use, provided that the lawyer has
(1) the informed consent of an individual client or entity client, or
(2) has the consent of a deceased or dissolved client's representative, or
(3) has the consent of the lawyer or law firm in the case of work product.
In the absence of consent, the lawyer may disclose the information only after full disclosure to, and consultation with, the client or the client's representative, and under such terms and conditions as the client or representative may dictate, including any restrictions the client or representative may wish to impose upon access to papers left in the possession of an archivist or institution. However,
(B) if, after making every reasonable attempt to obtain consent, the lawyer
(1) is unable to locate the client or a representative, and consent is therefore unavailable, or
(2) the lawyer makes a good faith determination that obtaining consent will be excessively burdensome or otherwise impracticable, and
(3) there is no previous agreement with the client regarding the disposition of the information, then
(4) the lawyer may only disclose the information fifty years after the death of the client or the dissolution of an entity client, subject to whatever terms and conditions the lawyer may deem necessary or appropriate.
(C) For example, local advisory boards, composed of historians, archivists, bar association leaders, and public representatives might lend their collective judgment to make available both current and past documents and other materials in client files and lawyer and law firm work product, doing so within the scope of the fifty-year rule described above.
This revised wording, which could be applied not only to the ALI statement but to a model code, makes an exception to the confidentiality requirement rather than placing a blanket time limit on the duty of confidentiality. Such an approach preserves the commitment to the time-honored value of confidentiality in lawyer-client relationships. It would also, however, allow a lawyer to reconcile the duty of confidentiality with the interests of historians, scholars, and society generally. It also provides a mechanism by which to bring together the parties interested in the matter, and to do so in a non-adversarial way. Such an arrangement would provide a narrow channel through which model codes may except information beneficial to society from the ethical requirement of strict confidentiality. Hence, a lawyer would be permitted, but not required, under very tight circumstances to disclose the information, and do so in the case of current materials with the support of the larger community as it was represented through the advisory board. At the same time, clients would retain their freedom to impose whatever restrictions the client desires as a condition of the client's consent.
Repositories have responsibilities in these matters also. Often archives receive lawyer's files without any documentation concerning permission to use. At the least, the repository should make clear what position it takes with regard to access when the materials are deposited. The Library of Congress, in the judgment of the committee, correctly provides that these materials are open regardless of the circumstances of the client whose privacy might be invaded.
Some clients, of course, will never consent; some lawyers and law firms will never release their work product. More significantly, however, the proposed amendment to the ALI statement would mean that in cases where consent by the client was not available, the lawyer holding the files would have an opportunity to impose whatever restrictions he or she wishes in light of the type of documents in the collection and the specific information that they contained.
This recommendation leaves in place the policies that form the core of the lawyer's ethical duty and also provides counsel and his or her firm the opportunity guard their work product. Lawyers must maintain their moral obligation to safeguard client "secrets" and promote free and open communication between client and lawyer. Lawyers simply cannot donate materials without seeking a client's consent. Under such circumstances, a client will still be secure in revealing confidences of any nature to the lawyer, because the client knows that the lawyer can reveal no information whatsoever against the client's wishes. The client's future interest in confidentiality is protected as well. The client's estate must give its consent to disclose. In the absence of a representative of the estate and specific instructions, the materials would become available 50 years after the closure of the estate. Of course, a client can enter into an agreement with his or her lawyer that the lawyer will never reveal all or any portion of the information relating to a particular matter.
That the OAR encourage lawyers and law firms to adopt modern records management policies.
Without better records management, the issue of access to client files and lawyer work product becomes hopelessly muddled. There are, as the ARMA report indicates, firms that have already adopted modern records management programs. These firms offer a model for the rest of the profession about how to control the disposition of their records and those of their clients. The committee believes that lawyers and law firms are most likely to donate their records when they are certain of the contents. Modern records management practices stress that the best way to put client files work product in order is at the initiation of a legal matter. An important part of that management process is a clear identification of what records belong to whom and how they will be disposed of when the matter is settled. In this regard, archivists, historians, and records managers can be of great assistance, either in offering individual lawyers and law firms advice about how to deal with their records or, in the case of large firms, becoming part of the staff, as they already are in several of the nation's most important firms. Such individuals should form the critical link between historians and other scholars and researchers, on the one hand, and lawyers, law firms, and clients on the other.
[1] During the past sixteen months, the committee has consulted widely. It extends particular thanks to Professor Charles Wolfram, Cornell Law School; Professor John Leubsdorf, S.I. Newhouse Center for Law & Justice, Rutgers University, Newark; Dr. Alonzo Hamby, Ohio University; William Josephson, Esq., Fried, Frank, Harris, Shriver & Jacobson; and George Kuhlman, staff attorney, Center for Professional Responsibility, American Bar Association. The committee also received valuable comments from the following: R. Michael McReynolds, Director, Textual Reference Division, National Archives; Richard Kiumpenhouwer, Archivist, The Legal Archives Society of Alberta; Menzi L. Behrnd-Klodt, Klodt and Associates, Madison, Wisconsin; Dr. DeLloyd J. Guth, Professor of Law and Director of the Canadian Legal History Project, The University of Manitoba; Donald A. Ritchie, Associate Director, Historical Office, United States Senate; Dr. Cynthia Harrison, Chief, Federal Judicial History Office, and Professor Harold M. Hyman, Department of History, Rice University.
[2] Helen Andrews, et al., A Report on Issues Surrounding Retention of Client Files in Law Firms (ARMA International: Prairie Village, Kansas, 1993), 11-13.
[3] Ibid., p.4.
[4] New York State Bar Association Opinion 460.
[5] The pertinent paragraph reads as follows: "It is consistent with this Comment for a lawyer to cooperate carefully with efforts to obtain information about clients and law practice for public purposes, such as historical research. Thus, a lawyer may cooperate with an historian researching the history of a law firm's representation of members of an industry at a long and discreet interval after the representation has ended. So long as sufficient time has passed and the nature of the information is such that disclosure poses no reasonable likelihood of risk to the material interests of the client, such limited disclosures are justifiable in order to further public understanding of the nature of law practice and of the workings of legal institutions. The limitation to instances in which there is no reasonable likelihood that the client would suffer no adverse, material effects applies regardless of whether the representation continues or is at an end. Because of the breadth and indefiniteness of the confidentiality rules, it may be desirable to create mechanisms by which lawyers may obtain pre-release clearance for any agency or judge to assist scholarly research. The procedure should provide for notice to the client or the client's representatives to intervene. The procedure could permit either the agency or judge to weigh the relative importance of release of information in the circumstances and the magnitude of any risk of impairing confidentiality interests." A similar balancing standard has been suggested for post-death waiver of attorney-client privilege in cases of need and undue hardship. See paragraph 127, Comment d.
[6] 603 P.2d 425, 429-439 (Cal. 1979) . The court held: "It is well settled that the right of privacy is purely a personal one; it cannot be asserted by anyone other than the persons whose privacy has been invaded, that is, plaintiff must plead and prove that his privacy has been invaded. Further, the right does not survive but dies with the person." See p. 430.
[7] See David A. Elder, The Law of Privacy (New York: Clark, Boardman, Callaghan, 1991), 403.
[8] William L. Prosser, Handbook of the Law of Torts, 4th ed. (St. Paul: West Publishing Company, 1971), sec. 117, pp. 814-815.
[9] Bonnie Hobbs, "Lawyers' Papers: Confidentiality versus the Claims of History," Washington and Lee Law Review 49 (1992): 179-211.


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With the availability of broadband infrastructure and new video compression technology, IPTV provides a technological opportunity to broadcast live TV signals to any smart device and a television set through private broadband networks. Additionally, it provides a platform for telecommunication companies (telcos) looking for potential opportunity to foster its revenue beyond voice and data services.
The IPTV market is witnessing shift in consumer dynamics, largely influenced by declining price and infrastructure development. North America and Western Europe are at verge of getting matured with high penetration of IPTV subscribers. Therefore, telcos in these regions are offering low cost high-end channel packages along with additional services, resulting in increased average revenue per user (ARPU). Asia Pacific is witnessing highest growth rate of internet penetration worldwide. As IPTV services are distributed on high speed internet networks, the growth of IPTV market is directly proportional to growth in broadband penetration. Government regulations promoting digitalization in Asia Pacific countries, such as India, have further augmented the growth of broadband penetration, subsequently contributing to proliferation of IPTV services. Additionally, regions such as Middle East and Africa have also observed increased in internet users with high speed connection. Increasing broadband penetration has helped improve accessibility of IPTV services in these regions, thereby adding to the addressable consumer base. Inclusion of additional services by IPTV providers such as interactive services along with pure play IPTV service, multi-screen services, have added to the revenue sources, and fortified market growth prospects in the long run.
The IPTV market is segmented on the basis of end-users into enterprise and residential end-user segments. IPTV is attracting significant corporate interest as a tool to communicate with employees, improve training, satisfy compliance requirements, and reduce travel costs. Corporate entities and enterprises across the hospitality, education, finance, media, energy, healthcare, and transport sectors use IPTV services and leverage it to build additional revenue streams such as targeted advertising on demand video. These entities also use IPTV solutions to distribute on demand content, events, archived and live news, company-wide briefings, the employee desktops and public screens spread across their corporate network.
Growth of the IPTV market is also driven by factors such as the rising demand for video on demand, high-definition channels and hybrid services along with IPTV services. Instead of several driving factors, the IPTV market faces several challenges especially in the developing regions such as lack of infrastructure to offer a service free of delays and jitters, and maintaining the quality of IPTV services with the offered prices. In regions such as MENA, there is very little local or regional premium content production, due to which most shows are produced outside this region. Operators require huge investments to secure exclusive content, which involves enormous effort on their part. This becomes cost inefficient adding further expense and becomes a daunting issue, particularly considering the widespread practice of piracy in this region. Thus, protection of content and the prevention of piracy remains a significant challenge for the operators.
The global IPTV market is fragmented and the revenue generated in the IPTV market is shared by the leading players across the IPTV supply chain. It includes IPTV operators, software solution providers, middleware providers, content delivery network providers, and set-top-box vendors. Some leading IPTV service providers include China Telecom Corporation Limited, AT&T Inc., Orange S.A., Deutsche Telekom AG, NTT Communication, Verizon Communications, Iliad S.A., Etisalat Group, and Century Link. IPTV is anticipated to grow at a fast pace in the coming years. This is because the major telecommunication service providers are exploring IPTV as a defensive measure against intrusion from conventional cable television service providers and also as a new revenue opportunity.
The global IPTV market lately has witnessed proliferation in number of subscribers, primarily influenced by enhanced user viewing experience as delivered by IPTV and development of supporting infrastructure in emerging markets. IPTV (Internet Protocol television) is a technique of distributing television content over IP which offers an additional customized and interactive user experience. It delivers video stream encoded as a series of IP packets and is distributed by a service provider to deliver either stored video or live TV. IPTV services can be bundled with other IP services such as VoIP and high-speed Internet access. It enables integration of TV, PC, home phone and wireless devices offering high quality of viewing experience to the end-users.
The report includes extensive analysis of the industry drivers, restraints, market trends and market structure. The market study provides comprehensive assessment of stakeholder strategies and imperatives for succeeding in the business. The report helps in understanding driving forces behind the popularity of IPTV services across different geographies, such as North America, Western Europe, Eastern Europe, Asia Pacific excluding Japan (APEJ), Japan and RoW (Rest of the World). It includes a detailed analysis of the prevalent market situation, company profiles, and current industry trends for IPTV market prevalent among the various end-users such as small size enterprise, mid-size enterprise, large size enterprise, and residents. The chapter on market positioning analysis points out the leading players across the ecosystem of IPTV market. It provides detailed understanding of the leading players in the market, their business strategies, recent developments, and financial overview.
The report includes cross-segment analysis of the global IPTV market and provides estimates in terms of revenue (US$ billion) for years 2012 and 2013, along with market forecast for the period 2014 to 2020. The estimates for the years 2012 and 2013 are actual values, while market size estimates for period 2014 – 2020 are forecast numbers, assuming market dynamics remain unaffected during the term. The end-users segment includes in-depth analysis and forecast of IPTV market across the different geographies. The high level analyses, such as value chain analysis and Porter's five forces analysis helps market competitors to formulate their business strategies at every stage of their business. Moreover, the market estimates have been analyzed keeping in mind different factors including but not limited to technological, economical, social, environmental and legal factors. The market attractiveness tool estimates the attractiveness of this technology across different geographies where they are benchmarked based on their market scope and growth rate.
The report also provides company positioning of the various industry participants. Market participants profiled in this report include AT&T, Inc, Bharti Airtel Limited, CenturyLink, Inc., Deutsche Telecom, ARRIS Group, Inc., Cisco Systems, Inc, Broadcom Corporation, Ammino Corporation, MatrixStream Technologies, Inc., and Orange S.A.
The IPTV Market Segmentation:
IPTV Market, by Type
- Enterprises
- Small Enterprise
- Medium Enterprises
- Large Enterprises
- Residential
IPTV Market Revenue, By Geography
- North America
- Europe
- Western Europe
- Eastern Europe
- Asia Pacific
- Asia Pacific (excluding Japan)
- Japan
- Middle East and Africa
- Latin America


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As primaries ramp up in states across the U.S., concerns about election cybersecurity are mounting too. This week, a group of Democratic senators introduced a bill to mitigate some of the well-established risks that the nation's uneven mix of voting machines and election systems poses. The new bill, known as …Read More »
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Posts Tagged 'Juneau'
Governor Walker Welcomes U.S. Navy to Alaska
During a tour of naval ship U.S.S. O'Kane, Governor Walker emphasized the need for an Arctic naval base in Alaska.Read More
Governor, Iditarod Mushers Combat Opioid Epidemic, In Their Own Ways
Senate Bill 91 is the first bill Governor Walker signed into law in 2017. It allows the State of Alaska to use federal funds for distributing naloxone. Also, two mushers from this year's Iditarod sled dog race brought attention to the opioid epidemic by carrying opioid overdose rescue kits in their sleds along the trail.Read More
Election 2016 Profile, Alaska US House: Don Young, Republican (Incumbent)
State Museum Searching For New Solo Artists to Feature
The Alaska State Museum in Juneau will select six solo artists to feature in their own exhibits for the next two years. Jackie Manning, curator of exhibitions, says the State Museum would like to have a diversity of submissions from artists, native and non-native, from communities throughout Alaska.Read More
Story49: Ernestine Hayes
Audio now available! KNOM's Story49 for March is an exploration of the power of the written word with author Ernestine Hayes.Read More
Alaska Native Author Pays Nome a Visit
Alaska Native author Ernestine Hayes was in Nome on Monday night to present a writing workshop and to discuss her work.Read More
Mongolian Delegation Visits Nome to Discuss Domestic Violence
The group — made up of Mongolian social workers, shelter managers, and police officers — was here to learn how Alaska is addressing high rates of domestic violence.Read More
Council Selects City Clerk Tom Moran as Nome's New City Manager
City clerk Tom Moran and Chip Leeper, the head of Nome Parks and Recreation, were the only two candidates interviewed by the city council for the city manager job.Read More
Lt. Gov. Mallott taps Nome City Manager Bahnke for Top Elections Job
Josie Bahnke will lead Alaska's Division of Elections after Lt. Governor Byron Mallot asked for the resignation of current Elections head Gail Fenumiai.Read More
Sounding Board: Legislature Goes Long
As lawmakers in Juneau go into overtime, Sounding Board wants to hear your thoughts on what should be a top priority as budgets get cut and funding dries up.Read More


text: I've just tried to load Castlevania on two seperate EZ4-Lites both using two different Micro-SD cards (1GB Kingston and Sandisk) only to find that the game wouldn't work properly on either. I was attempting to speed test the cards but it became apparant that wasn't going to happen when I loaded the game and there was heavy artifacting in the menu or very shortly after I started the intro movie. Once even the Konami splash screen showed with a yellow background and black text! I downgraded the client to the previous version and reloaded the games and all is now working. Although that video is damn craklely! I'm using the latest firmware (EZ4loader060906) on both cards.


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Introducing CoM Ranks!
Introducing Ranks to the Chronicles of Man site and Discord channel. Ranks are a new system we are implementing both to reward your progress, promote original content, and create a community of people who are crazy as the core team about universe building! These ranks will one of two ways.
- Automatically after you produce a certain type/number of pages/content.
- As a reward for your content/behavior/actions in the community as a whole.
As the site and universe continues to grow, we will continue to expand the rank system and introduce new ways to expand your online status in the CoM universe. For now, here are the current ranks:
- Member -Member is the first rank you achieve when you create an account. It's your way of visiting the site, participating on the forums, and sending messages. You've stepped out into the universe but there is so much more to explore.
Required for Rank:
- Create an account.
- Player -Create any content on the site and join the ranks of the players. You've started to dive into the universe and create your own content. Welcome to what CoM is really about.
Required for Rank:
- Create one (1) story, nation, corporation, organization, or inventory post type.
- Builder – You've created your first official star nation, corporation, or faction. Congratulations. You've joined the ranks of the builders. The universe is growing thanks to you, and you truly are a part of CoM.
Required for Rank:
- Create one (1) star nation, corporation, or faction approved by the developers as canon.
- Author -You've made your first story. Congratulations for posting your first composition in the verse. You've not just added to the canon, but the deep lore of the universe. That is an amazing achievement and we congratulate and celebrate your accomplishments.
Required for Rank:
- Create one (1) story post type approved by the developers as canon.
- Architect -You've added content, stories, and/or helped build the community in a way that extends beyond your typical builder. You have vision. Your work follows a form that is more than just built, its crafted.
Required for Rank:
- Create two (2) star nations approved by the developers as canon.
- Create two (2) organizations or corporations approved by the developers as canon.
- Create one (1) technology article approved by the developers as canon.
- Create one (1) starship article approved by the developers as canon.
- Citizen -The highest honor a person can achieve in CoM (short of becoming part of the team). Citizen means you have joined the august ranks of the senior members of CoM. Your content is not just prolific, its of a high enough quality to be forged into the iron of the CoM canon
Required for Rank:
- This rank is rewarded for exceptional contribution to the community.


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Devotion is not something that can be practiced.
Devotion is a choiceless response to Self-recognition
that is imposed from within. Devotion is imposed
from the unknown upon the ego and this cannot be
practiced. It can only be experienced. The practice of
devotion is an attempt by the ego through effort to
impose itself upon the unknown. This cannot be done.
Devotion is an imposition from the unknown upon the
ego that is an agonizingly ecstatic and excruciatingly
vulnerable spiritual experience.
Andrew Cohen
From Enlightenment Is a Secret (1991)


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Memorial service for Larry Fjetland was held 11 a.m. Monday, September 18, 2017, at Faith United Methodist Church in Spring Valley, with Rev. Deanna Woodward officiating. Burial took place at Osage Cemetery in Osage, Iowa. Visitation was held 1-4 p.m. Sunday, September 17, 2017 ,at the Hindt Funeral Home in Spring Valley and continued for one hour prior to the service at the church.
Larry Fjetland, age 83, of Harmony, Minn., died Wednesday September 13, 2017, at his home surrounded by family.
Larry Dean Fjetland was born April 7, 1934, in Rowen, Iowa, to Dan and Sadie (Van Buskirk) Fjetland. In 1953 Larry enlisted in the United States Army and served until 1956. On January 21, 1956, Larry was united in marriage to Ruby Marie Gunsallus in Osage, Iowa.
Larry farmed with his wife Ruby near Corwith, Iowa until they moved to their farm near LeRoy, Minn., in 1974. He enjoyed farming, talking about crops, and fishing. His passion for fishing took him and Ruby to Edgemont, Ark., where they enjoyed their home overlooking Greers Ferry Lake. They moved back to Harmony, Minn., in 2016 to be closer to family after receiving a diagnosis of pancreatic cancer.
Larry loved spending time with his wife and kids, grandchildren and great-grandchildren. The grandkids had a special bond with their "Grumpy" and loved him dearly. The great-grandkids brought him so much joy and loved seeing them.
Larry is survived by his wife Ruby of Harmony, Minn.; children: Julie Fjetland of Florida and Lori (Randy) Back of Fountain, Minn.; grandchildren: Nicole (Jason) Howard, Dustin (Gena) Thorson, Danielle (Lance) Peters, Tyler Back, Trista (Nick) Bortnem, Makayla Fjetland, Matt (Chloe) Fjetland, and Lucas Fjetland; eight great-grandchildren; and sisters Donna Johnson of Manly, Iowa, Judy Peil of Alexander, Iowa, and Betty Dungey of Osage, Iowa.
He was preceded in death by his parents, sons Delbert and Michael Fjetland, two sisters, Lila and Vivian, and five brothers: Lorin, Donald, Danny, Darold, and Eldon.
Condolences may be left at www.Hindtfuneralhomes.com.


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Welcome to Kombat Cup Season 2!
In light of the success for its first season, Stream.Me is proud to present to you…Season 2 of the Kombat Cup!
The Kombat Cup is an online competitive circuit that introduces weekly brackets every Sunday evening for Mortal Kombat XL, the latest masterpiece in Netherrealm Studios's trademark fighting game franchise. Players will compete in these brackets for the chance to qualify for the Top 8 finals which are set for Wednesday of every week. League points are awarded to those placing within Top 16 territory while the Top 4 are also treated to cash prizes that are awarded via Paypal.
Konquest, a secondary bracket series that is held every Thursday, is also rejoining the Kombat Cup for Season 2. Konquest is open only to players who do not place within the Top 4 of the preceding Kombat Cup bracket. No cash prizes will be up for grabs in Konquest, but one of the changes introduced this season is that instead of the Top 4, those who place in Konquest's Top 8 will receive a handful of points that go towards their ranking in the Kombat Cup circuit.
For those who are latecomers to our Kombat Cup and Konquest events, continue reading for an overview of the rules.
Our brackets are only open to official residents of the United States of America and Canada. Age limits are pending. The Kombat Cup and Konquest will be hosted online via the Playstation 4 console (Pro version or regular, it does not matter). All brackets are free to enter.
As per Season 1, all bracket management will be conducted via smash.gg. Should you wish to enter, you must create an account on smash.gg. As you sign up for each bracket, you will be prompted to provide your Playstation Network signature, or PSN for short. Be advised that you must type your signature correctly or the bracket organizers will not be able to contact you for your match.
All bracket matches will follow a single elimination format. Best three of five (a race to three wins) is the victory condition. Character lock applies to the winner whereas the loser may change their character/variation or re-randomize the stage. All levels are chosen at double random.
Before each match, you must be sure to check in. This can be done via your smash.gg dashboard. Keep it open in your browser tab or on your phone to be notified as to when it is time to report for your match. When your set is completed, please report your scores (you are not required to verify the character you've used). In case of a match dispute, have a screenshot or video recording of the match result ready to provide if required.
All participants are welcome to stream their matches, but if they do so, they can only broadcast to the Stream.Me service. The use of any other services to broadcast your match will result in your disqualification from the bracket. Alternatively, you can use the PS4 console's recording feature to cap your matches.
As you play through your bracket, an administrator may enter your match chat to inform you that your match will be hosted on the Kombat Cup or Konquest stream. If so, please hold off on your match until you are called to play.
All broadcasts will be held through the Stream.Me Kombat Cup page. If you are an active participant, we advise you to have the broadcast page open because, as stated in the above paragraph, you may be called to play your match on stream. Give the page a follow so you can be notified of when we go live!
If you should encounter any issues in the tournament, you can call an administrator via the match chat or reach out to them on Twitter (continue reading to learn whose accounts you can reach out to).
The Season 2 schedule is pending, but its current version is below. Exactly like with Season 1, we will be active for twelve weeks straight, for both Kombat Cup and Konquest!
Winnings to be earned via bracket participation are as follows:
Kombat Cup
First Place – $200 and 150 league points
Second Place – $100 and 125 league points
Third and Fourth Place – $50 and 75 league points
Fifth through Eighth Place – 50 league points
Ninth through Sixteenth Place – 25 league points
First Place – 25 league points
Second Place – 20 league points
Third and Fourth Place – 15 league points
Fifth through Eighth Place – 10 league points
After twelve weeks, the eight players with the highest amount of league points will convene online on May 14, 2017 to compete in the Season Finale. Contrary to the preliminaries and Konquest, the finale will be played in a double elimination style. Prizing has been expanded to cover not just the Top 4, but rather the Top 6, and it is as follows:
First Place – $1,500
Second Place – $1,000
Third Place – $700
Fourth Place – $400
Fifth Place Tie – $100 per player
Finally, we are pleased to welcome back our old friends Mr Aquaman and Echo FGC, who will be casting Season 2! Maze and Stokes are also making their return to oversee your journey through our brackets! Concerns regarding your participation in Kombat Cup or Konquest may be discussed with any of these gentlemen via their Twitter accounts, so please remember to follow them as well as the official Stream.Me Twitter account!
We're also delighted to acknowledge that new faces will be stepping in to assist us with our goal of providing you a stable competitive environment for Season 2! Stay tuned for their introductions.
Missed out on Season 1? Fret not…all of our match footage can be found at our YouTube page! As each week of Season 2 reaches its conclusion, all of the matches featured on stream will be uploaded there, and results will be shared via this blog as well. Nobody will be left in the dust!
If you enjoyed Season 1, we're very much hoping you will walk this road with us again. Sign up, spread the word and prepare for MORTAL KOMBAT!


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Our Values
Living Here Property Partners aren't your usual real estate agent… rather than having an office where residential sales, commercial sales, business leases and rentals are all competing against each other we decided instead to create a specialised agency with the core focus on property management with support for property sales.
At Living Here Property Partners we are constantly thinking up new ways to better our customer service and endeavour to provide you, our client, with the most up to date, easy to use and effective technologies to keep you in touch with the modern world.
A word from our principal, Fum Walters;
"Living Here Mackay strives to shine in every area of business, and pride ourselves as a learning organisation, providing ongoing professional development and training for our staff. As members of the REIQ, our office continues to evolve in response to, not only the demands of our clients, but also the ever-changing real estate regulations by ensuring our staff are kept up to date with the latest trends, procedures and innovative marketing strategies. Our office has built a reputation of providing out-standing service.
Community and industry involvement is important to us, as are ethics and old fashioned values.
With foresight in planning for the future, we aim to become your trusted long term business partner. It is our desire to provide you with service beyond your expectations"


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Risk Frameworks and applications
I never thought that I would ever get round to writing a book; much less three in less than a twelve month period. Such is life.
So after Reboot and after Understanding Commodity Risk, comes Risk: Applications and Frameworks. Just finishing the final draft before it goes for typesetting. Expected out in print in early May and digital form, courtesy Google Checkout. More on this later.
The new Reboot cover The product feature grid – describing your product


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Product Description
American Flag USA Lettering Magnetic Decal comes in two sizes and is a die cut magnet which has a 3 year outdoor warranty. All of our products are made from high quality material which is designed to take a beating outdoors for years. Our magnets are designed, produced and shipped from the U.S.A. Complementary 2.5 x 3 inch flag decal with every order. Thank you for your business!