text:
Jack Balkin:
jackbalkin at yahoo.com
Bruce Ackerman
bruce.ackerman at yale.edu
Ian Ayres
ian.ayres at yale.edu
Corey Brettschneider
corey_brettschneider at brown.edu
Mary Dudziak
mary.l.dudziak at emory.edu
Joey Fishkin
joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber
mgraber at law.umaryland.edu
Stephen Griffin
sgriffin at tulane.edu
Jonathan Hafetz
jonathan.hafetz at shu.edu
Jeremy Kessler
jkessler at law.columbia.edu
Andrew Koppelman
akoppelman at law.northwestern.edu
Marty Lederman
msl46 at law.georgetown.edu
Sanford Levinson
slevinson at law.utexas.edu
David Luban
david.luban at gmail.com
Gerard Magliocca
gmaglioc at iupui.edu
Jason Mazzone
mazzonej at illinois.edu
Linda McClain
lmcclain at bu.edu
John Mikhail
mikhail at law.georgetown.edu
Frank Pasquale
pasquale.frank at gmail.com
Nate Persily
npersily at gmail.com
Michael Stokes Paulsen
michaelstokespaulsen at gmail.com
Deborah Pearlstein
dpearlst at yu.edu
Rick Pildes
rick.pildes at nyu.edu
David Pozen
dpozen at law.columbia.edu
Richard Primus
raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph
alice.ristroph at shu.edu
Neil Siegel
siegel at law.duke.edu
David Super
david.super at law.georgetown.edu
Brian Tamanaha
btamanaha at wulaw.wustl.edu
Nelson Tebbe
nelson.tebbe at brooklaw.edu
Mark Tushnet
mtushnet at law.harvard.edu
Adam Winkler
winkler at ucla.edu
Compendium of posts on Hobby Lobby and related cases
The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC
The Anti-Torture Memos (arranged by topic)
Recent Posts
Still More Tales from the "Unitary" Executive
Saturday, September 08, 2007
Still More Tales from the "Unitary" Executive
Marty Lederman
DANIEL KLAIDMAN in Newsweek:
Well Marty,
Definitely interesting stuff and I'm looking forward to reading the book just as soon as Amazon delivers it.
But I can't help wondering...
If someone asserts that 1 + 1 = 3 in Afghanistan, 0 in Cuba, or 2 in the United States unless the President "determines" that the particular units in the calculation are satan-worshipping irrational numbers instead of integers, in which case the sum is infinity; AND we assume the individual making the assertion is doing so in good faith -- what does that leave?
Are they insane?
Or are they committing deliberate fraud in the good faith belief that it's in the best interests of those they are defrauding?
I came away from my time in government thinking, as many people do, that there's too much secrecy. Both too much secrecy inside the executive branch and between the executive branch and Congress. There's obviously a trade-off and it's hard to know when to draw the line. If issues and debates are too tightly drawn, and there's too much secrecy, then two pathologies occur and we saw them occur in this administration. One is you don't have the wide-range debate needed to help you avoid errors. Two is, it's pretty well known that excessive secrecy leaves other people in the government to question what is going on when they get wind of it, and to leak it. And I don't know what was the source or the causes of the devastating leaks of certain NSA programs. I don't know who did it or why they did it, but the newspapers have suggested there are people disgruntled about the program.
In a rare instance, Goldsmith makes no sense.
The argument here is that, if you do not disclose a top secret program to a much broader group for debate making it much more likely to be leaked, some disgruntled traitor will leak it anyway.
This is the equivalent of arguing that we should have have disclosed the ENIGMA program and the Manhattan Project to a few dozen attorneys in Justice during WWII to have a policy debate to avoid leaks.
There were no leaks of those programs to the Axis because we would have tried and executed any leaker and no self respecting newspaper would have published a story about those programs.
I have a far better solution for Mr. Goldsmith.
Haul Risen and Lictblau in front of a criminal grand jury and ask them to identify their source.
If they refuse, hold them in jail for contempt and then start criminal prosecution against them and the NYT for disclosing state secrets for which they had no authority to possess.
Prior to Vietnam, this kind of near treason of disclosing intelligence gathering programs to the enemy was never tolerated. Time to get back to basics.
-- If they refuse, hold them in jail for contempt and then start criminal prosecution against them and the NYT for disclosing state secrets for which they had no authority to possess. --
What's the hold up on prosecuting the NYT? The publication was done, there's no need for further investigation on that.
Punish the publishers vigorously (within the law, of course), and leakers will lose substantial destinations to leak to.
What's the hold up on prosecuting the NYT? The publication was done, there's no need for further investigation on that.
Good question. FDR would have prosecuted these SOBs in a NY minute. So much for the theory of Bush as fascist theory...
While we are discussing the subject, the al Qaeda terrorists trained in Pakistan and who were arrested in Germany before they could bomb US facilities in that country were very likely discovered as a result of a TSP intercept:
The arrests were the culmination of an investigation that began a year ago, when U.S. officials alerted German authorities to e-mails intercepted from Pakistan.
Folks: Once again, please try to keep the discussion on point, and do *not* indulge the temptation to respond when provocateurs try to change the subject. We've had some productive comments threads in the past few weeks -- let's keep it up.
Professor Lederman:
At the risk of having you shut down yet another comment section in the name of promoting an exchange of "productive comments," I am tired of your claims that my posts are not topical as an excuse not to engage or have anyone else engage my responses to your posts.
You were the one who quoted Mr. Goldsmith's proposition on how to avoid what he calls "the devastating leaks of certain NSA programs." You brought up the subject.
I responded directly to the Goldsmith proposal and offered an alternative response.
cboldt had the temerity to agree with my position about bringing those who leak to the enemy to justice and gets a scolding about "responding to provocateurs."
Please stop the charade of arguing that I and others are not being topical. My responses to your posts usually directly quote from your post or other content to which your post quotes or links. I am far more polite in my presentation than most of those who you consider to be "productive." Consequently, let's cut to the chase.
If your policy for allowing comments is to limit them to those ideas of which you approve, just admit it.
If your policy is to promote a content based shunning, just admit it.
If you disagree with my position, what would be interesting is to have you explain either why Goldsmith is incorrect that the TSP leaks (which you are on record supporting) were "devastating" to our national security or why the perpetrators of "devastating" leaks should not be prosecuted to the fullest extent of the law as I suggested. However, that would not be "productive," would it?
I do not expect that basic courtesy of a response. Indeed, I expect yet another group censorship by shutting down this comment section again.
As an avid reader of Balkinization I have the impression that BartdePalma's aim is to shut down the comments section on any subject he cannot dominate and control.
Why not just ignore him? When I see his posts, knowing the convoluted and lengthy comment to follow, I hop, skip and jump to the next one.
Thanks for voicing it, electra. I do the same thing. It's too bad our friends can't take a lesson from Jack Goldsmith. I've been working on the issue of customary international law for years now and, whereas I disagree with Goldsmith's interpretation, I always find his arguments sober, responsible and worthy of being taken seriously.
Here, too, Goldsmith raises substantive, serious questions about the rule of law about which reasonable people can disagree. Ultimately, it comes down to an assessment of reasoning and experience. Ad hominem arguments have no place here. There are a lot of relevant issues here that require a lot of thinking: for example, as Goldsmith points out, it is one thing for FDR to exercise sweeping powers where Congress has not spoken or there is no governing treaty. It's something else entirely to do the same thing where there is governing law. And about these things, there was no consensus among the Founders, the Federalists or the Anti-federalists, as far as that goes. WE need to be hashing this out - by what constitutional theory may the President disobey the law? The examples usually touted out for this - for example, Lincoln's suspension of habeas corpus or FDR's actions with respect Quirin - seem quite unsatisfactory to me. On on hand, the narratives undermine the argument - Lincoln sought Congressional approval later, the suspects in Quirin did have a modicum of due process, etc. Does the argument really come down to: if we like the result, then it's OK for the President to disobey the law? Is the argument really that the only check on Presidential power is the vote every four years? It seems to me the Founders had a far more subtle system of checks and balances than that - for example, granting Congress (or the Senate) powers that were clearly only "executive" in 18th century legal theory. Well, enough, I'd really love to participate in reasoned discussion of this here.
-- cboldt had the temerity to agree with my position about bringing those who leak to the enemy to justice --
I wasn't agreeing with your position, I was asking why at least the NYT punishment part hasn't been put into action, seeing as how (you think) the prerequisites for a criminal publication violation are in place. Your answer wasn't responsive to the question.
I think your proposed solution is flawed, because I don't think the publication creates a criminal violation. But if publication did create a colorable violation, and the administration was in fact confident and aggressive, it would press the charge. It didn't press the charge -- therefore it either isn't confident, or it isn't aggressive.
The cat is out of the bag, i.e., this isn't like the Chicago Tribune case where publication of enemy ship movements indicated that we'd cracked their code, hence a desire to tamp the story down. The issue here isn't cracking some code, it's the extent of use of known surveillance tools. The downside risk of pressing the charge is political. It would be viewed as an attack on the free press and 1st amendment. Pressing the charge would not result in disclosing some secret capability -- it would only reinforce the secret use of a known capability.
Further, I find your example, making specific technical programs (ENIGMA and Manhattan) into the equivalent of a policy of secretly snooping inapt. FDR at least had his mail censorship program operate in the open.
Maybe, someday, it WILL be a criminal violation to disclose government policy as it pertains to programmatic invasion of privacy. Maybe it SHOULD be a violation. I personally think it shouldn't, but then I'm one of those pests who values individual autonomy, privacy, and power as being a root of strong societies.
I think Mr. Goldsmith is correct in his assessments regarding the long-term effect of a branch of government going solo, in secrecy, on policy matters. It's a formula guaranteed to produce mistrust.
I took Professor Lederman's reminder as aimed at your "Bush as a fascist theory" bait. That is the change in subject -- whereas discussions pertaining to the TSP and its fallout are more or less on the point.
okay, I'm confused when Goldsmith says below that he hadn't determined illegal the particular techniques used in torturing the detainees at Abu Ghriad. One photograph did it for me :
When you decided that you had to do this, what was your thought process for going to see the attorney general?
I had determined that the analysis was flawed. But I hadn't determined the underlying techniques were illegal. After Abu Ghraib, there was enormous pressure for me to stand by the decisions … and I couldn't do so. I had already made up my mind many months earlier and I wasn't about to change it. But I struggled for several days with what the consequences might be of withdrawing the opinion, because I wasn't in the position to make an independent ruling on the other techniques. I certainly didn't think they were unlawful, but I couldn't get an opinion that they were lawful either. So I struggled to repudiate the flawed opinion while not causing massive disruption and fright throughout the counterterrorism world related to interrogation. And I ultimately decided that I had to withdraw those and under suspicions, stand by it, because it was so thoroughly flawed.
What is confusing you, redwood?
When Goldsmith was confronted with the prior OLC opinions that effectively said, "For reasons A, B, and C, it is permissible to engage in interrogation tactics X, Y, and Z" he reached the conclusion fairly quickly that A, B, and C did not constitute sound legal reasoning. By the time the Abu Ghraib scandal broke, however, he hadn't yet reached the conclusion that there weren't other sound legal reasons -- call them D, E, and F -- that would support the same conclusion that X, Y, and Z were permissible. Because of the demands of the moment after the Abu Ghraib story broke, he withdrew the prior OLC opinions in their entirety, even though he hadn't yet conclusively determined whether X, Y, and Z were legal or illegal, only that A, B, and C were not sufficient grounds to make X, Y, and Z legal.
I think Mr. Goldsmith is correct in his assessments regarding the long-term effect of a branch of government going solo, in secrecy, on policy matters. It's a formula guaranteed to produce mistrust.
I agree that Goldsmith is correct in his observations on excessive secrecy not only between branches of government, but also within the Executive. However, there is a larger problem that he is missing.
Excessive secrecy can lead to leaks when someone is trusted with what appears to be a particularly ugly piece of the puzzle, but they are kept from seeing the other pieces that make sense of the first. That would seem to be a fairly infrequent problem. A bigger problem is that secrecy and distrust corrode reciprocal trust -- if you won't trust me with your secrets, then I'm less likely to trust that your questionable actions are legitimate. The biggest problem, and one that Goldsmith does not address in what I have seen of his statements thus far, has nothing to do with secrecy.
That problem is the failure to grapple with the conflicting opinions of those you have already entrusted to know your secrets. When the majority of your trusted advisers are telling you one thing, but you choose to follow the advice of a decided minority, and especially if you do so while leaving the majority little knowing or satisfied with your reasoning, then it wouldn't surprise me if one or more of the majority began to consider whether the leaking of questionable decisions were justified.
aren't we're talking about the S & M activities England et al were photographed doing, Mark?
And I don't read Goldsmith saying that he "...had not yet conclusively determined..."
I read him saying he didn't go there (i.e. to the question of whether it is lawful to waterboard, and otherwise sadistically torture one's prisoners) because he wanted to give the agents on the ground time to adjust to his own unprecedented action.
he gave them time to wise-up by not following through with the question.
And I'm also not buying his fear of the law garbage. It's not the rule of law they respected and feared. It was the prospect of having their careers destroyed.
Actually, Goldsmith has clearly said and written that by the time the Abu Ghraib story broke he had not yet concluded that D, E, and F did or did not exist, and thus whether X, Y, and Z were or were not permissible. What is even more distressing than the fact that the head of OLC would leave such questions of torture up in the air for months without legal foundation (at least in his own judgment, if not yet officially), is Goldsmith's excuse for doing so. He says, while declining to go into specifics, that there were simply questionable legal activities by the Bush administration more demanding of his time than the interrogation techniques sanctioned by the prior OLC memos!
FDR would have prosecuted these SOBs in a NY minute.
Really? Just like he had the Chicago Tribune prosecuted for leaking the Rainbow 5 plan?
No other paper followed the Chicago Trib's leak and the Government made a conscious decision not to draw enemy attention to this story.
If the military found the leaker, I assure you he would have been courts martialed in a NY minute.
-- If the military found the leaker, I assure you he would have been courts martialed in a NY minute. --
Not without approval from above. If the stakes were high as to disclosing the code was cracked, the executive would have [properly] found other remedies for the "code-broken!" leaker.
But the WWII examples are a counterpoint and contrast to resisting disclosure of the state-secret programmatic surveillance of Americans, for the purpose of obtaining or dispelling suspicion.
On that matter, Goldsmith argues that obtaining explicit Court and/or Congressional agreement (or adjustment) would have been of substantial value to the institutions of the constitution and the executive. Maybe he's wrong. Time will tell. I think it's obvious that he's right, but I can't prove it.
The argument here is that, if you do not disclose a top secret program to a much broader group for debate making it much more likely to be leaked, some disgruntled traitor will leak it anyway.
No, Bart. Leaking a secret program is not levying war on the United States and is not adhering to its enemies. Thus, it is not treason. Stop misusing that poisonous term.
No, cboldt, discussions pertaining to the right-wing views on TSP and its fallout are also deleted on Balkinization.
Leaking a secret program is not levying war on the United States and is not adhering to its enemies. Thus, it is not treason.
P.S. to Dilan -- too bad you weren't Robert Hanssen's counsel . . . No, Bart.
P.S. to Dilan -- too bad you weren't Robert Hanssen's counsel.
I am not saying leaking a classified program can't be wrong (it can be, although there's strong arguments that the leakers here did the right thing) and I am certainly not saying it isn't illegal (it is and can and has resulted in stripping of security clearances and criminal prosecutions).
But it is not treason, because it isn't (itself) levying war against the United States and it isn't adhering to the United States' enemies. Bart accuses people whom he doesn't agree with of being traitors for a very particular purpose, and he should stop.
Any ideas on why Patrick Philbin has been thus far silent? Where is he now? Anyone know if he has or will testify before SJC?
Philbin is a partner at Kirkland & Ellis, Washington, DC. See:
One problem is that no one in the Administration has a clue how the game is played.
When the NYT story on the NSA broke, the correct response was official silence, coupled with an unofficial "oh please, you're going to believe what you read in the Times?"
Had they done so, administration supporters -- I do not name names -- would be denying the program's existence today.
The term I used was "near treason."
The reason deliberately revealing a classified program to the enemy is near and not full treason is that, while they did indeed provide aid and comfort to the enemy, there is no evidence that the NYT and the leaker intended to do so. Rather, the evidence indicates that the NYT and their leaker were acting out of partisan political motives with a depraved indifference to the aid and comfort such publication provided the enemy. Depraved indifference is not sufficient for a treason conviction, thus the term "near treason."
You are correct that treason is a poisonous term. It is a poisonous term for a poisonous act.
The latest Slate excerpt on Goldsmith makes a strong case for Gonzales lying to Congress.
"It seemed rich beyond my comprehension for a Gonzales-led Department of Justice to be pursuing me for possibly illegal actions in connection with the Terrorist Surveillance Program, I told the two wide-eyed FBI agents in Harvard Square."
Perhaps part of Gonzales resignation timing to preempt Goldsmiths SJC testimony that would have added weight to the perjury charges facing Gonzales?
The reason deliberately revealing a classified program to the enemy is near and not full treason is that, while they did indeed provide aid and comfort to the enemy
Bart, your supposed aherence to text has let you down. "Giving aid and comfort" to the enemy isn't the definition of treason. Only two things are treason:
1. Levying war on the United States; or
2. ADHERING to the United States' enemies, giving them aid and comfort.
In other words, simply giving "aid and comfort" is NOT treason, and conservatives have for at least 50 years taken this language out of context. Only ADHERING to the United States enemies-- i.e., JOINING THE ENEMY'S SIDE IN A WAR-- is treasonous. Thus, John Walker Lindh is almost certainly a traitor, because he joined the side of the Taliban in a war against the US.
That phrase "aid and comfort", if taken out of context, can make many acts of expression and political opposition and even journalism sound treasonous, but it isn't treason to do something that in some way assists an enemy. It's only joining up with the enemy that is treasonous.
You should learn this before you throw around the term.
There are three elements to the crime of treason:
1. Breach of allegiance -- The person must owe an allegiance to the United States. They must be citizens, naturalized aliens (permanent immigrants), or "nationals" (Samoa, Hawaii, Puerto Rico) and not aliens, on temporary visas, or foreign nationals who may reside in the U.S. (see this lecture on Immigration Law for more categories). The test is whether or not a person owes an allegiance to the U.S. government for any protection they may receive, not whether they are a citizen or resident.
2. Overt act of betrayal -- The person must commit some overt act, which is generally defined as any "material" aid or comfort to the enemy. Simply thinking disloyal thoughts is not treason. Words sometimes qualify; just as "fighting" words are not protected by the 1st Amendment, so are "treasonous" words punishable under Article 3, Section 3 and most state constitutions.
3. Intent to betray -- This is a specific mens rea element which requires that the government show the person engaged in the equivalent of purposely knowing. It's not exactly expressed this way, but Article 4, Section 2 of the Constitution prohibits conviction for treason unless the government can call at least two (2) witnesses who can testify as to intent or the offender confesses in open court.
Giving aid and comfort to the enemy is a violation of the second element and providing disclosing top secret programs directed at the enemy is most certainly aid and comfort.
The difficulty in proving treason is the third element, which requires two witnesses who can testify that the defendant purposefully intended to give aid and comfort to the enemy. I agree with you that the probable intent of the NYT and its leaker was to score cheap partisan points while exhibiting a depraved indifference to the fact that their publication of the means and methods of the TSP gave aid and comfort to the enemy. While the "devastating" results are the same, depraved indifference is just short of purposeful intent.
Thus, my use of the term "near treason."
The material you cite is not in any cases-- it appears to be a lecture from a law professor. (I might add that the issue of whether "treasonous words" are outside First Amendment protection is VERY much contested among scholars and has NEVER been decided by the Supreme Court. It certainly isn't the type of thing that one can casually claim the way your author did.)
There are only a handful of Supreme Court cases on treason, and they deal for the most part with the issue of scienter.
But I am not dealing with scienter. I am deaing with this language, "giving them aid and comfort", that you rely on and which is in the Constitution. The problem is, "giving our enemies aid and comfort"-- EVEN INTENTIONALLY-- is not treason. Only ADHERING to our enemies, giving them aid and comfort, is treason.
This is straight textualism. You are bamboozling here-- I want you to look at the TEXT of the Constitution and tell me how you read the portion about ADHERING to our enemies out of the definition.
How is intentionally providing aid and comfort to the enemy any different that adhering to the enemy? These are both the same mens rea requirement. Adhering to the enemy means intentionally providing aid and comfort to the enemy.
I think you are confusing adhering to the enemy with joining the ranks of the enemy like Lindh. While joining the ranks of the enemy certainly qualifies as adhering to the enemy, it is not the only treasonous adherence. Benedict Arnold committed treason by obtaining command of West Point as an American officer with the intent on surrendering it to the British. Arnold had not joined the ranks of the British when he committed treason. Rather, his treason was intentionally providing aid and comfort to the enemy by offering the British West Point.
I agree that adhering to the enemy doesn't necessarily REQUIRE joining its ranks. For instance, if an American decided to form a Fifth Column that allied itself with Al Qaeda in the United States, that would constitute adhering to our enemies, giving them aid and comfort.
But what you are missing is that this DOES NOT MEAN that the word "adhering" has no meaning, or means the same thing as giving "aid and comfort". Plenty of actions may assist the enemy WITHOUT adhering to it. And my problem with conservatives throwing around treason talk is that they seem to ALWAYS delete the "adhering" language, as if the entire definition of treason is giving the enemy aid and comfort, or as you would have it, deliberately giving the enemy aid and comfort.
In fact, the text is very clear. You have to show adherence to the enemy, not simply assistance to the enemy. And by ignoring the language about adherence, a lot of things that AREN'T treason start to sound like it.
Wait a minute! Now you are conceding that "the test is very clear"?! I thought you were just dismissing the material Bart cited because it "is not in any cases -- it appears to be a lecture from a law professor" (on a law professor blog BTW)?!
Are you imitating Emily Latella? I said the TEXT is clear, not the TEST.
And the text is clear. It says ADHERING to the nation's enemies, giving them aid and comfort. Right wingers like Bart who throw the word "treason" around omit the part about adhering-- and we now find out he claims that the word adhering is meaningless, that any aid or comfort IS adherence. That violates the longstanding canon that every term in a statute or constitutional provision must have meaning.
As I said, I think this is deliberate. If you are the type of person who LIKES calling your political opponents traitors, you'd PREFER a standard that just says if you give aid and comfort, you are a traitor, because you can stretch the concept of "aid and comfort" to lots of different situations.
But the problem is that isn't what the constitution says. And ADHERENCE to the enemy is much harder to stretch to apply to reporters who disclose secrets or war protestors who make ill-advised visits to enemy territory. So Bart and other conservatives simply ignore the word "adhering" and read it out of the Constitution so they can continue to accuse people they don't like of being traitors.
I don't understand your point here. Bart clearly said that it wasn't treason, but only "near treason," because they weren't adhering to the enemy. You keep replying by saying "But they didn't adhere to the enemy, so it isn't treason."
"Is 'near treason' a legal term?"
As with any crime, all elements of the crime (and I'm not sure I agree with "Bart"'s summation [or 'interpretation'] of the "elements" of treason here) must be met for there to be a crime.
Firing a gun (if proved) may well satisfy an essential element in a prosecution for murder, but that hardly makes the NRA nun-guts "near murderers".
arne's gratuitous swipe at the NRA is not an accurate analogy to the actions of the NYT and its leaker.
To restate, the NYT committed all the elements of treason except for the mens rea element. They exhibited depraved indifference to the aid and comfort they provided the enemy rather than the required purposeful intent.
This is analgous to a person who shoots into a crowd with depraved indifference and kills a member of the crowd. Under such a circumstance, that person would not be guilty of premeditated murder, even though the person is just as dead, because he did not purposefully intend to kill the member of the crowd.
Thankfully, our killer could still be convicted of second degree murder and brought to justice for the harm he has committed. Unfortunately, there is no lesser offense to treason with an lesser mens rea element as there is with homicide so the NYT cannot be brought to justice in this way for the harm which they have committed.
"Bart" DePalma says:
To restate, the NYT committed all the elements of treason except for the mens rea element....
According to judge and jury "Bart" DePalma. Even granting "Bart" such status, my comment stands.
... They exhibited depraved indifference to the aid and comfort they provided the enemy rather than the required purposeful intent.
Where "Bart" digs up this "depraved indifference" standard is anyone's guess; I suspect he made it up himself. But seeing as he's already admitted that nor all elements of the crime were present (even with himself sitting in judgement before trial), we've left the realm of law, and "Bart"'s just talking about his own d*nm opinyuns and evanescent thought processes (or what passes for such). IOW, nothing more to discuss.
The good "Bart" soldiers on:
This is analgous to a person who shoots into a crowd with depraved indifference and kills a member of the crowd.
Ummm, and in many if not most states (albeit excepting New York, for one), this is a different crime (such as "voluntary manslaughter"), assuming that the person was truly indifferent, and not intending to kill). Even in New York, it is a different crime from second degree murder, but nonetheless a distinctly defined crime and not just some "almost murder" consolation prize for the prosecutors. "Bart" has yet to specify which other crime he's talking about here. If there is none, then there's no crime despite "Bart"'s disapprobation of the New York Times et al.
Actually, I would state that Arne and Bart have the parallel wrong.
Firing a gun is not a crime, especially if one is practicing at a range, hunting, if it is considered reasonable force in self-defense or when properly used by law enforcement.
But, as Arne points out, Bart creates laws and crimes out of whole cloth in order to make his point. There is no basis to the claim that the NYT published its stories because of "depraved indifference"; instead, it could be more equitably argued that the stories were news, because the administrations actions were not supported by any actual legal precedent, and contravened laws that the administration had previously said were sufficient for the job. Stating that it is depraved indifference to decide that such mendacity and lawbreaking are newsworthy is laughable at the least, especially since the NYT decided to hold the story until after the 2004 election, which was politically beneficial for the administration. That depraved indifference to the need of the populace to know the character and actions of its Executive branch is far more serious than the later disclosure.
Also more serious is the depraved indifference of legal minds who crafted legal support the administration policies on legal grounds when apparantly every fresh, outside review has caused those underpinnings to be replaced as faulty. How valid is the legal defense of the administration's actions when the arguably partisan supporters of end goal of those policies keep saying that they found the theories used to buttress the claims to be "problematic", to the point where a significant portion of DOJ leadership was willing to resign. From what I understand of the revolving door of DC employment, that is tantamount to saying that the stench from the legal theory is bad enough to force people to leave the DC life entirely, which is about as serious as it gets in there.
You often find the term depraved indifference in common law and statutes describing second degree murder. This term is usually placed within the knowledge category of the four modern mens rea categories.
The term depraved indifference relays what the NYT more accurately than the neutral term knowingly.
We're off the point here. The reason what the NY Times did is not "near treason" is because ADHERENCE to the enemy is a central element of the crime. The NY Times and its reporters never adhered to Al Qaeda or any other enemy of the US.
Bart is distracting us by getting into a debate as to whether they intended to aid and comfort the enemy. But that's not the relevant question because "aid and comfort" alone is not the constitutional definition of treason-- adherence is an essential element and is what separates the types of things conservatives talk about as "treasonous" or "near-treasonous" from actual treason.
Fraud Guy:
Actually, I would state that Arne and Bart have the parallel wrong.
Firing a gun is not a crime, especially if one is practicing at a range, hunting, if it is considered reasonable force in self-defense or when properly used by law enforcement.
Clarification: I think I indicated that firing a gun is not a crime. In fact, that was a substantial part of my larger point. Sorry if that wasn't clear.
You're right; since what the NYT did is not illegal, or unconstitutional. You could argue that since the 1st amendment was approved after the treason definition, that it supercedes or modifies the definition with its wording.
Congress shall make no law ... abridging the freedom ... of the press
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.
What the NYT did is arguably reporting news of interest to citizens, who may have been illegally or unconstitutionally surveilled by the administration (not that they will generally be able to find out and/or attempt to stop such, thanks to overexpansive claims of state secret privilege). If adhering to citizens is adhering to the enemies of the US, then someone is proposing a completely different country and set of rules than the one I was raised to believe in.
The reason what the NY Times did is not "near treason" is because ADHERENCE to the enemy is a central element of the crime. The NY Times and its reporters never adhered to Al Qaeda or any other enemy of the US.
Correct. The Supreme Court made this very distinction in Haupt v. US, 330 US 631, 635 (1947):
"We have held that the minimum function of the overt act in a treason prosecution is that it show action by the accused which really was aid and comfort to the enemy. Cramer v. United States, 325 U.S. 1, 34, 65 S.Ct. 918, 934. This is a separate inquiry from that as to whether the acts were done because of adherence to the enemy, for acts helpful to the enemy may nevertheless be innocent of treasonable character." Emphasis added.
Sorry, misread you a bit, there. I was thinking that firing a gun may be a part of proving the crime, but even if firing a gun is proven, does that mean that the suspect fired the gun that fired the bullet that caused the injury or death. It could still be considered circumstantial evidence if argued by a competent attorney.
"Bart" DePalma:
You often find the term depraved indifference in common law and statutes describing second degree murder. This term is usually placed within the knowledge category of the four modern mens rea categories.
As I stated, murder rules vary considerably from state to state. As I indicated, it is up to each legislature to define the crimes, and perfectly acceptable for each to define it with whatever mens rea they choose with respect to any element of any particular crime. You have yet to show any law, case, or opinion that states that treason has a "depraved indifference" mens rea element (and in fact you seem to concede the point with your talk of the non-existent crime of "near treason"). Absent that element, there is no crime (even if someone were to choose you as judge and jury).
The term depraved indifference relays what the NYT more accurately than the neutral term knowingly.
That personal opinion along with $3.00 and change will buy you a latte.
I don't think anything more need be said. There is no argument. You may have the "last word" on this side discussion.
"Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort."
Standard rules of interpretation would make the "giving them aid and comfort" a subsidiary condition of "adhering to their enemies". If the intent was to make any of three separate acts criminal, the construction would presumably have been thus:
"Treason against the United States, shall consist only in levying war against them, [] in adhering to their enemies, or in giving the [enemies] aid and comfort."
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Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017)
Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017)
Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016)
Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015)
Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015)
Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015)
Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014)
Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution
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John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013)
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James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013)
Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues
Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013)
Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012)
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
Jack M. Balkin, Living Originalism (Harvard University Press, 2011)
Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011)
Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011)
Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011)
Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011)
Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010)
Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010)
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Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010)
Mark Tushnet, Why the Constitution Matters (Yale University Press 2010)
Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010)
Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009)
Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009)
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Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006)
Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006)
Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006)
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Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006)
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Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004)
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text:
I haven't seen this article linked to in other threads... good perspective and insights (from a Memphis perspective) on the Gay trade: http://www.nba.com/2013/news/feature...=iref:nbahpt6d
I haven't seen this article linked to in other threads... good perspective and insights (from a Memphis perspective) on the Gay trade: http://www.nba.com/2013/news/feature...=iref:nbahpt6d
Not worth watching the whole video but this guy cracks me up..
"I spit, I know. God damn."
http://www.sportsnet.ca/590/2013/02/..._sid_seixeiro/Rudy: "I've been a fan of DeMar DeRozan for a long time watched his game and noticed he got better every year"
And the interview....
Last edited by RandomGuy; Tue Feb 5th, 2013 at 07:51 PM.
fresh off the Memphis boards lol
Last edited by Machine; Tue Feb 5th, 2013 at 11:03 PM.
lol Jermaine O'neal was PRO in that game. Earning every cent of the 1.35 mill he makes.
Ed Davis 9:36 minutes 0-2 2points 0 boards...... Memphis is completely killing his confidence & development Even if we dont get him back (hopefully Memphis lets him go) he either gets picked up by us again or he goes to a team he can log some serious minutes with and be a a great contributer to.
Memphis meeting "We are fucking morons for trading Gay"
The whole Memphis situation is turning inwards on itself. Their struggles seem like nothing compared to what Toronto has had to go through this past season, or two.
I'd be very surprised if he ever equals the numbers he was putting up in the last 4-6 weeks again in his career. Trading him while his value was high was one of the few smart moves Colangelo has made (I wish he did the same with Bargnani last year).
Also, anyone notice how Randolph mentioned now they have to play p'n'r??? They traded Rudy to help their post game, but now they aren't running it...I suppose without Gay to worry about on the perimeter, teams can shrink their D, double team and make it hard to operate isos in the post.
Last edited by white men can't jump; Wed Feb 6th, 2013 at 10:10 AM.
What did I tell you guys? The grizzlies are screwed. The new owners and that retard John hollinger are morons
Sounds like the Grizzlies are missing Speights more than Gay.
Great True Hoop interview with DC today
Link: http://espn.go.com/video/clip?id=8922445
Some key observations:
Certainly sounds like they're going to give Bargnani every opportunity to fit with the new-look lineup, spreading the floor for Gay/DeRozan.
He likes that this revamped lineup actually has some players that fit an up-tempo style, with enough talent to also excel in half-court sets (which is critical for playoff success).
Gay will be the go-to guy in end-of-game situations. He is a closer.
Last edited by CalgaryRapsFan; Wed Feb 6th, 2013 at 05:25 PM.
With Pau not an option anymore. Might as well use him for something.
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subset: commoncrawl


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Partner Colorado CU said it earned a $1.3 million net gain and posted a net worth of 13% through the end of October.


text: my biggest fear with trading lowry is that Jose no longer feels the pressure & becomes the Jose we keep trying to replace! i mean he always plays better when in a platoon type situation & fighting for starters role!.. also if we trade Lowry it BETTER be for a good return because it might just come back to bite us in the end.


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occupational name for a farmer.
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XWiki is a WikiWiki clone written in Java that supports many popular features of other Wikis like the Wiki syntax, version control, attachments, security, and searching, but also many advanced features like templates, database and dynamic development using scripting languages (Velocity, Groovy, Ruby, Python, PHP, and more), an extension system and skinability, J2EE scalability, an XML/RPC remote API, statistics, RSS feeds, PDF exporting, WYSIWYG editing, an Office viewer and importer, and a lot more.
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text:
Japan 2000 National Survey on Family and Economic Conditions (NSFEC) (ICPSR 21120)
Principal Investigator(s): Tsuya, Noriko O., Keio University (Japan); Choe, Minja Kim, East-West Center; Bumpass, Larry L., University of Wisconsin-Madison; Rindfuss, Ronald R., East-West Center
The 2000 National Survey on Family and Economic Conditions (NSFEC) was collected by the Keio University Center of Excellence (COE) program. It is a national, two-stage stratified probability sample of Japanese men and women aged 20-49. The survey focused on aspects of early life course such as educational objectives and employment, as well as marriage, family life, child rearing, household management, and gender roles.
Access Notes
The public-use data files in this collection are available for access by the general public. Access does not require affiliation with an ICPSR member institution.
ASCII + SAS Setup SPSS Setup Stata Setup
Study Description
Tsuya, Noriko O., Minja Kim Choe, Larry L. Bumpass, and Ronald R. Rindfuss. Japan 2000 National Survey on Family and Economic Conditions (NSFEC). ICPSR21120-v1. Ann Arbor, MI: Inter-university Consortium for Political and Social Research [distributor], 2009-09-25. https://doi.org/10.3886/ICPSR21120.v1
Persistent URL: https://doi.org/10.3886/ICPSR21120.v1
Export Citation:
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This study was funded by:
- Keio University (Japan). Global Center of Excellence Program (11CE2002)
- United States Department of Health and Human Services. National Institutes of Health. Eunice Kennedy Shriver National Institute of Child Health and Human Development (R01HD042474)
- Ministry of Education, Culture, Sports, Science and Technology (Japan)
Scope of Study
Subject Terms: child care, child rearing, demographic characteristics, disposable income, educational objectives, employment, extended families, family background, family life, fertility, gender roles, gender stereotypes, goals, housework, housing, income, marital status, parents
Smallest Geographic Unit: nation
Geographic Coverage: Japan
- 2000
- 2000
Unit of Observation: individual
Universe: A national, two-stage stratified probability sample of Japanese men and women aged 20-49.
Sample: Based on the 2000 Census tract distribution, 350 locales were randomly selected. Then, 20 individuals aged 20-49 were randomly selected within each locale, based on the registration of current domicile (jumin kihon daicho). Because one of the major objectives of the survey was to collect information on early life course, individuals aged 20-39 were selected at twice the rate of those aged 40-49.
Mode of Data Collection: survey questionnaire
Response Rates: A total of 4,482 usable questionnaires were returned, a response rate of 64 percent. The response rate was particularly low for those aged 20-24 (55 percent). For the remainder, the response rate was 71 percent.
Original ICPSR Release: 2008-01-02
- 2009-09-25 Edits were made to the metadata content.
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text:
Perhaps the
latest and greatest wonder of hardware overachievement is the story
of French native Fabrice Bellard, who now holds the world
record in PI calculation. He calculated Pi to 2.7 trillion
decimal digits, surpassing mark of 2.5 trillion digits set
in August by the T2K Open Supercomputer (which at the time was
the 47th most
powerful supercomputer in the world).
So what's so
impressive about Mr. Bellard's feat, aside from its basic technical
merits? He accomplished the number crunching, not on a
supercomputer, but on a Nehalem-powered desktop.
machine featured a Core i7 CPU running at 2.93 GHz, 6 GB of RAM, and
five 1.5 Terabyte Seagate Barracuda 7200.11 model hard drives (for a
total of 7.5 TB). The system ran the 64-bit Red Hat Fedora 10
distribution as its primary OS and used software RAID-0 and the ext4
file system.
The result takes up 1137 GB of storage and is
(partially) available
here. The computation took 103 days of computing time for
the modest desktop.
The only time when Mr. Bellard had
to enlist the help of other computers was during the verification.
In order to avoid being displaced from the top spot while the desktop
chugged on the results (that would have taken an additional 13 days),
he instead used a network of nine computers to verify the results in
a shorter timespan.
In order to calculate Pi, Mr. Bellard used
a software algorithm based on the well known Chudnovsky formula and
verified the resulting calculations by the Bailey-Borwein-Plouffe
algorithm which directly gives the n'th hexadecimal digits of Pi.
Checksums were used to detect errors.
The more optimized Pi
algorithm based on the Chudnovsky formula that Mr. Bellard uses is
the fastest current way to calculate Pi and has been renamed
Bellard's formula in his honor. Mr. Bellard is perhaps most
famous for writing the tiny c compiler (tcc), a popular lightweight
compiler in the Linux community.


text:
No comments yet, why not leave one of your own?
A contest from Rick's Picks and SMITH Magazine
Do you have an amazing, unusual, or simply memorable pregnancy story? SMITH Magazine and the delicious pickle maker Rick's Picks invite you to share your tale of this momentous time in your life in 100 words or less.
Seven of you (six future moms and one dad) will win a mouth-watering Rick's Picks Pregnancy Pack and a copy of SMITH's bestselling book, NOT QUITE WHAT I WAS PLANNING: Six-Word Memoirs By Writers Famous & Obscure. Three Grand Prize Winners will have their image and story published on jars of Rick's Picks, aptly named dill pickle, Slices of Life, "the Pickle of Pregnancy" that moms-to-be crave.
Also, check out our earlier feature, Beautiful Pregnant Women, featuring the photos of Jennifer Maya Luz Pliego.
Rick's Picks cofounder Rick Field grew up making traditional pickles with his family in Vermont. The 11 varieties now made by Rick's Picks are distinguished by their exceptional quality, with an unusual array of varieties and flavor profiles. The pickles are hand-packed and all natural, and made with locally sourced produce, bringing innovation to a category that hasn't seen much change in a long time.
SMITH Magazine cofounder Larry Smith grew up swapping stories with his family in New Jersey, especially his grandfather, Morris "Smitty" Smith. The stories featured on SMITH Magazine are distinguished by their exceptional quality, with an unusual array of varieties and personal flavor. Each story is handpicked by its editors from among the thousands of submissions that readers send in, bringing innovation to a category that hasn't seen much change in a long time.
Not Quite What I Was Planning: Six-Word Memoirs by Writers Famous & Obscure collects almost 1,000 six-word memoirs, including additions from many celebrities including Stephen Colbert, Amy Sedaris, Richard Ford, Dave Eggers, Mario Batali, Aimee Mann, and more.
By submitting an entry, you are granting SMITH and Rick's Picks the right to reprint or republish that entry online or in print, as well as make any necessary edits. See SMITH's terms of service for complete details.
This contest ends May 10, 2009. Prizes are not redeemable for cash and must be accepted as awarded. Winners are decided at the discretion of SMITH judges and all decisions are final. SMITH reserves the right to change the contest rules. Enter as often as you want. SMITH reserves the right to reprint or republish all entries.
Baby Names for Boys and Girls and the Meaning of Names
Baby names and their meanings, unique names for boys and girls, popular male and female name statistics and more


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We're cheap, and that's good
One of World Vision's primary responses to disasters like Typhoon Haiyan in the Philippines is the distribution of Family Food Kits and Hygiene Kits to survivors. On our Facebook page this week, we posted photos of the contents of these kits – but purchased here in the USA – and asked our followers to guess how much the items would cost. That price versus the price of each World Vision Kit might surprise you!
Each World Vision Family Food Kit is designed to feed a family of four for one week. They contain: 15 kilograms of rice, 10 tins of sardines, 2.5 kilograms of biscuits, 1 kilogram of mung beans, 1 liter of cooking oil, 6 liters of water, and 1 kilogram of brown sugar.
Here's what our USA-bought version of that kit looked like:
Our followers guessed almost 25 different prices for these items, ranging from $3 to $300! The actual price for all of this in the U.S. was: $91. And that doesn't include shipping to the Philippines.
World Vision's Food Kit, distributed directly to Typhoon Haiyan survivors, costs a donor $35!
Each World Vision Hygiene Kit contains: 10 bars of bathroom soap, 4 packets of laundry soap, 6 toothbrushes, 2 tubes of toothpaste, 2 packs of sanitary pads (8 pieces per pack), 3 pieces of women's underwear, 2 pieces of men's underwear, 3 nail clippers, and 1 body wrap.
Here's our USA-bought version:
We gave our followers a multiple-choice question for this one:
D. None of the above
The tally: 2 votes for A, 10 votes for B, 3 votes for C, and 47 correct votes for D! None of the above. In America, these items cost $54, but a donation of $33 to World Vision purchases and ships these items to the Philippines.
There are many reasons why we're able to provide these items to families affected by Typhoon Haiyan at a low cost. World Vision has been working in the Philippines since 1954, and now has hundreds of local staff in the country – who were there during the storm, so their response began immediately. We also pre-position disaster relief supplies around the world, specifically in the Philippines because of our history of disaster relief there. We also lower our costs by making mass purchases of supplies and through Gifts-in-Kind donations from corporations.
World Vision's mission is to maximize the impact that we can make with our donors' dollars – to fight poverty, to strengthen communities to better support their children, and to help families recover from natural disasters. For every dollar donated in 2012, we were able to send $1.30 worth of support into the field. This video shows how:
Already, these food and hygiene kits have been making a huge difference to families in the Philippines.
The promise of food for the next 15 days makes for happy children at a World Vision food distribution to Typhoon Haiyan victims in the Philippines. (Photo: 2013 Jon Warren/World Vision)
Putting smiles back on children's faces is what it's all about, and thanks to you, we've been able to do that. The road for the people of the Philippines will still be long and difficult, so please continue to pray for them and to give through our Philippines Disaster Response Fund.
Thank you.


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(Hyouton: Touketsu Kiba Eitai) Ice Release: Frozen Fang of Eternity
Type: Supplementary/Attack/Defense
Rank: S-Rank
Range: Short
Chakra: 40
Damage: 80
Description: The user will begin to close their hands as if they are holding a sword in their hands, and as they do so they focus their Hyouton chakra into their hands and quickly create two katanas. The katana's resemble ordinary ones, with a rectangular guard, with 4 prongs hanging off at the corners. The blade of the katana's radiate a freezing aura that's temperature is absolute zero. These swords can freeze any type of water, but must make contact with the water to freeze it.
Note: Can only be used/created once a fight.
Note: The aura of the blades only radiates a few inches off of them.
Note: The Swords themselves are very durable due to the aura of the swords rapidly freezing anything that comes in reach of them.
Note: In order for the swords to freeze water of Forbidden Rank, both swords must be used against that water. The aura will disperse from the swords until after the next turn if the swords freeze a Forbidden Ranked Water technique, and the swords can be broken due to the aura not being around them for that turn.
Note: Can only be taught by Zanji.
±± Approved ±±
(Hyotuon: Touketsu Ookami Nida) Ice Release: Frozen Wolf Pack
Type: Offensive
Rank: B-S
Range: Short-Long
Chakra: 20-40
Damage: 40-80
Description: The user will swing their hand out in front of them creating 2-6 Wolves infront of them that is made of snow and ice. The wolves first appear in a sitting position in a single file line, they are pure white from the snow with ice blue tribal markings throughout their entire body. Once created at the users discretion all the wolves or two of them will attack their designated targets. Once the wolves bite or attack their targets they will explode freezing that area that they had bitten as well as remain as a frozen statue of a wolf attached to whatever they had attacked.
2 Wolves: B-Rank
4 Wolves: A-Rank
6 Wolves: S-Rank
Note: Can only be used 3 times for B-Rank, 2 times for A-Rank, 1 time for S-Rank. But if A-Rank is used B-Rank cannot, if S-Rank is used A or B-Rank cannot. If B-Rank is used A and S Rank cannot.
Note: Can only be used by Zanji
Note: The targets are damaged from the explosion, and that section they were attacked on is frozen, and weighted down by the frozen wolf statue(s)
±± Declined ±± Tons of elemental animals exist already, even for ice.
(Hyouton: Reiki no Shiro-Ookami) Ice Release: Aura of the White Wolf
Type: Defensive/Supplementary
Rank: A
Range: Short-Long
Chakra: 30
Damage: N/A
Description: The user will thrust their dominant hand at any water, shooting off an surge of their hyouton chakra at that water and very rapidly freezes it completely solid. This technique can be used on any source of water, let it be natural water or water that is created by their opponent but always following the weaknesses and strengths of Ice Release.
Note: Can only be used 4 times.
Note: Can only be used by Zanji.
±± Approved ±± Editted it to make it approvable.


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Cars Land Coming to DHS?
Posted 05 September 2012 - 10:48 AM
Posted 05 September 2012 - 08:55 PM
Posted 06 September 2012 - 08:31 AM
Posted 20 September 2012 - 10:22 PM
Trusted sources are confirming that the very popular Carsland from Disney California Adventure has been Green Lit for Disneys Hollywood Studios. The full details have not been revealed, but its reasonable to assume the following:
Carsland will reside in the area currently housing the Studio Backlot Tour and Lights, Motors, Action, Extreme Stunt Show
The Radiator Springs Racers and Tow Maters Junkyard Jamboree will be included as part of Carsland
It is expected that the shops (Sarges Surplus Hut, Ramones Body Art, etc) and restaurants (Flos V8, and Cozy Cone) will be included.
The shop intended to house the RideMakerz shop will probably not be included, or will have a new theme.
Luigis Flying Tires will probably be modified or removed entirely due to the capacity issues with the California version
Seems like this rumor just keeps gaining speed. I agree, there needs to be an answer to Potter!
Staying at Pop Century
Previous Trips: March 2010, 2011
1999: June, Aug, Oct, Dec
2000: April, Oct, Dec
Webmaster of Illuminating Epcot
Posted 24 September 2012 - 08:26 PM
Posted 25 September 2012 - 09:40 PM
Posted 26 September 2012 - 08:14 PM
Master Gracey, on 25 September 2012 - 09:40 PM, said:
I soooooo want to try Aulani
Posted 28 September 2012 - 08:32 AM
DVC Old Key West 9/27- 10/5/2013 for Food & Wine w/ friends from NJ
Board of Directors Member & Treasurer, The ConGaloosh Society, Inc., a 501(3)c not-for-profit
ConGaloosh 2013 - September 27 - 29, 2013
Posted 01 October 2012 - 10:21 PM
Posted 07 October 2012 - 06:10 PM
Carsland was announced in 2007 and opened just a few months ago. I don't see it being ready at DHS before 2015 at the earliest. And I'm not sure that Disney wants to clone the key component of what helped finally turn around a badly struggling DCA so shortly after opening it in DCA.
Posted 14 October 2012 - 09:50 PM
(Lowell's Mom)
Mad, Mad, Mad about Disney!
May 21-28, 2013
Wilderness Lodge
Posted 05 December 2012 - 01:49 PM
Source - wdwinfo.com
While still a rumor, The DIS has confirmed from multiple sources that Disney will officially announce this week that they are bringing Cars Land to Disney's Hollywood Studios. Lights, Motors, Action! and the Backlot Tour will be leveled to make room for an expansion of Pixar Place to include the new land. Disney opened Cars Land at Disney California Adventure back in June to rave reviews and this would be a much needed boost to DHS, which is starting to show its age.
While we don't know yet which attractions will be included with the new expansion, attractions like Radiator Springs Racers have been wildly popular and most likely would be included.
We first reported on this rumor back in July in both a news story and on our DIS Unplugged Podcast.
At this time, this is still a rumor but we will be sure to update as more information is available. Stay tuned!
Posted 20 December 2012 - 08:31 AM
Posted 19 February 2013 - 04:45 PM


text:
This study is provided by ICPSR. ICPSR provides leadership and training in data access, curation, and methods of analysis for a diverse and expanding social science research community.
Census Data for Planning and Service Areas, 1980: United States and Puerto Rico (ICPSR 8004)
Principal Investigator(s): Inter-university Consortium for Political and Social Research; United States Department of Commerce. Bureau of the Census
This file contains 1980 Census data for the 679 Planning and Service Areas (PSAs) in the United States and Puerto Rico. Data for all 50 states, the District of Columbia, Puerto Rico, and for each of the approximately 4,000 counties and county equivalents in the United States and Puerto Rico were subsetted from the 1980 Census of Population and Housing, Summary Tape File 1 (STF 1) and aggregated to the PSA level. The file contains 312 substantive data variables organized in the form of 53 "tables", as well as geographic codes for region, state code, PSA, and land area. The remaining STF 1 geographic codes and the six tables representing median values are not included. Data for each PSA include ethnicity and age of residents, housing units, and units rented.
Access Notes
Data in this collection are available only to users at ICPSR member institutions. Please log in so we can determine if you are with a member institution and have access to these data files.
ASCII + SAS Setup SPSS Setup
Study Description
Inter-university Consortium for Political and Social Research, and United States Department of Commerce. Bureau of the Census. Census Data for Planning and Service Areas, 1980: United States and Puerto Rico. ICPSR08004-v1. Ann Arbor, MI: Inter-university Consortium for Political and Social Research [distributor], 1983. https://doi.org/10.3886/ICPSR08004.v1
Persistent URL: https://doi.org/10.3886/ICPSR08004.v1
Export Citation:
- RIS (generic format for RefWorks, EndNote, etc.)
- EndNote XML (EndNote X4.0.1 or higher)
Scope of Study
Subject Terms: census data, counties, demographic characteristics, ethnicity, families, household composition, housing, housing units, minor civil divisions, population, rural areas, Standard Metropolitan Statistical Areas, states (USA), urban areas
Geographic Coverage: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York (state), North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, United States, Utah, Vermont, Virgin Islands of the United States, Virginia, Washington, West Virginia, Wisconsin, Wyoming
- 1980
Universe: The universe consisted of 679 Planning and Service Areas in the United States and Puerto Rico.
These data were prepared by ICPSR in cooperation with the Administration on Aging (AoA) and the National Association of State Units on Aging (NASUA).
Extent of Processing: ICPSR data undergo a confidentiality review and are altered when necessary to limit the risk of disclosure. ICPSR also routinely creates ready-to-go data files along with setups in the major statistical software formats as well as standard codebooks to accompany the data. In addition to these procedures, ICPSR performed the following processing steps for this data collection:
- Standardized missing values.
- Checked for undocumented or out-of-range codes.
Original ICPSR Release: 1984-06-28
Metadata Exports
- Citations exports are provided above.
Export Study-level metadata (does not include variable-level metadata)
If you're looking for collection-level metadata rather than an individual metadata record, please visit our Metadata Records page.


text:
The context
About half of all Indonesians live on less than two dollars a day. Employment growth has been slower than population growth. Public services remain inadequate by middle-income standards, and health indicators are poor. The island is also one of the most disaster-prone nations in the world.
Our work
- Economic opportunity: Providing technical assistance, training and financial services to microfinance institutions throughout the country and helping spice farmers earn more income
- Health: Raising awareness and supporting mothers to practice and promote exclusive breastfeeding
- Water: Improving sanitation and hygiene in crowded urban areas with a mobile sludge removal service
- Disaster preparedness: Identifying and mapping areas at risk and helping those communities plan, train and practice how to respond when disasters occur
- Emergency response: Maintaining a response team ready to quickly deploy and provide immediate relief to survivors during the critical first months after a disaster strikes
All stories about Indonesia
Indonesia: The team behind the emergency response team
This morning when I arrived at the office, I got a call from one of my team members, Hasdi — a Community Facilitator for our Community Development Program here in Banda Aceh. He's one of the members of Indonesia Response Team (IRT) in Padang, as a volunteer from our office.
Indonesia: Lake Maninjau
Indonesia: Lead them to a better future
I started my day with a cup of tea while reading a local newspaper, Padang Ekspres, this morning. The headline for today's edition read "70 percent of the business economy is destroyed."
Indonesia: Three countries, seven cities, one call
Especially during the first several days in the aftermath of an disaster, a diverse group of Mercy Corps staff comes together for phone conferences to coordinate and discuss what's happening on the ground.
Indonesia: How can you help earthquake survivors?
Today I visited Ulakan village for the second time and, again, I saw many worried faces among the survivors in earthquake-affected communities. Tents fashioned from tarpaulins and plastic bags are still standing in front of their houses, makeshift homes for entire families.
Indonesia: Searching for answers in Padang
I feel like my heart stopped for seconds when I watched the news on TV that afternoon. Once again, Padang had been shaken by a massive earthquake. And this time it was really destructive.
Indonesia: Disaster risk reduction in Padang — not just earthquakes
Flying in to Padang to help our team with earthquake response, an aerial view makes it clear that earthquakes are not the only problem people have to deal with now or anticipate in the future.
Indonesia: Excited to help
I finally arrived in Padang four days after the earthquake struck the western part of Sumatra Island. I've lived in a few parts of Indonesia, yet have never been here before. However, I always wished to visit this place to enjoy its natural beauty and tourist hospitality.
Indonesia: A village prepares — and survives
When a massive earthquake hit the West Sumatran village of Mangopo last week, Zulkifli didn't panic. Instead, he remembered the disaster preparedness training that he'd received from Mercy Corps and its local partner — and that made all the difference when the quake struck.
Indonesia: Beginning the response
Today is an intense day for the Mercy Corps team in Padang, with more team members arriving and emergency assessments of affected areas underway.


text:
James Salzman
Wed, 10/27/2010
Ecosystem services such as clean water from forests are free, but now their value is being recognized. Entrepreneurs are developing markets for these services and providing incentives for conservation.
James Salzman
Fri, 10/01/2010
Markets for ecosystem services such as water filtration, erosion control, and pollination benefit the providers and enhance environmental assets.


text:
Toxic Water: A series about the worsening pollution in American waters and regulators' response
Examine whether contaminants in your water supply met two standards: the legal limits established by the Safe Drinking Water Act, and the typically stricter health guidelines. The data was collected by an advocacy organization, the Environmental Working Group, who shared it with The Times.
Bucksport Water Company
Horry County, South Carolina. Serves 9,606 people.
No data was available for this system.
Units: ppb: parts per billion, pCi/L: picocuries per liter, ppm: parts per million, mrem/yr: millirems per year, MFL: million fibers per litre
Additional Resources
View E.W.G.'s Report for This System »
Note: The Times' analysis may differ from the Environmental Working Group (Learn More)


text:
"Brass musicians of all sorts have long been at the center of the fabled Crescent City's cherished local traditionssecond lines, jazz funerals, civic events and, of course, countless Mardi Gras parades. The thrillingly unique, march-and-dance rhythms they specialize in have not only influenced a host of other New Orleans musical styles, from rhythm and blues and soul to jazz and funk, but still flourish to this day as the sagacious selections on this compilation reveal. In addition to representative efforts from a 'who's who' of contemporary New Orleans musicians and bands
this enhanced CD also includes a video for the post-Katrina 'Do They Play Jazz in Heaven?'
along with one track especially recorded for the project as diminutive singer John Boutté soars vocally on the 19th-century spiritual 'I'll Fly Away.'
An eye-opening collection that demonstrates that, in spite of all its recent tragedies and travails, the Big Easy continues to be one of the world's most vibrant musical centers."Sing Out!


text:
Project Quince Star
Fourteen-year-old Kaylalea Mendez is the newest Project Quince Star from the $1.8 billion Grow Financial Credit Union. A student at Newsome High School in Lithia, Fla., Kaylalea will attend community events for the credit union to help promote the Tampa credit union's Project Quince savings account.
Last summer, the $1.8 billion Tampa, Fla.-based credit union unveiled its Project Quince savings account during the annual Centro Florida Quinceanera Show.
A Quinceanera celebrates a young woman's coming of age on her 15th birthday. It is a huge celebration in many Hispanic cultures.
The account offers a higher interest rate than a basic savings account and includes a minimum monthly amount to help ensure that parents will start saving in advance for their daughter's Quinceanera party.
The honor of being named Project Quince Star also included a $1,000 deposit by Grow Financial into Kaylalea's own Project Quince account.
Jessica Shephard, Grow Financial's marketing manager, said, "It was a tough decision, but our panel of judges chose Kaylalea out of the five semi-finalists because they felt she could really connect with the Hispanic community. Kaylalea is not only beautiful, but she is also approachable, and possesses a strong heartfelt commitment to her family's traditions and heritage. We feel we found the perfect match."


text:
Episode 1
The Best Man
Barney prepares for his wedding to a mystery bride
Rent, buy and watch the latest movies and TV shows online
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No subscription, so you only pay when you rent or buy a movie or TV show, from just 99p.
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How I Met Your Mother returns for a hilarious seventh season! The Emmy®-nominated hit stars Neil Patrick Harris, Jason Segel, Alyson Hannigan, Josh Radnor and Cobie Smulders.
Suitable only for 15 years and over.
The Best Man
Barney prepares for his wedding to a mystery bride
The Naked Truth
Marshall gets the job of his dreams,
Ducky Tie
Marshall and Lily make a bet with Barney with a forfeit of wearing a silly tie
The Stinson Missile Crisis
Robin assaults a girl who is out to ruin Barney's relationship
Field Trip
Ted takes his architecture class on a field trip, but things don't go as planned
Mystery vs. History
Ted goes on a date without researching the girl on the Internet
The gang begins to realize their romantic partner remind them of their parents
The Slutty Pumpkin Returns
Ted finally meets his mystery girl in the Slutty Pumpkin costume
Disaster Averted
The gang reminisces about what happened during Hurricane Irene
Tick, Tick, Tick...
Barney and Robin get into trouble after hiding a secret from their partners
The Rebound Girl
Ted and Barney discuss making a life-changing decision together
Symphony of Illumination
When Robin receives bad news, she decides to lie about it to the gang
After celebrating New Year's Eve, Marshall visits his father's graveside
46 Minutes
Lily and Marshall officially move to the suburbs
The Burning Beekeeper
Lily and Marshall throw a housewarming party
The Drunk Train
For Valentine's Day, Lily and Marshall invite Robin and Kevin on a weekend trip
No Pressure
When Robin breaks up with Kevin, Ted confesses his feelings to her.
Barney tries to pursue Quinn, even after learning she's a stripper.
The Broath
The gang tries to break up Barney and Quinn after they plan to move in together
Trilogy Time
Ted, Marshall and Barney embark on another "trilogy time"
Now We're Even
Ted starts to settle into his new apartment, but Barney tries to entice him out
Good Crazy
When Lily and Marshall have a baby shower, Marshall starts to panic
The Magician's Code: Part One
Lily goes into labor while Marshall is in Atlantic City with Barney
The Magician's Code: Part Two
On Barney's future wedding day his wife is finally revealed
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PC, Mac, Chromecast, iPad, iPhone, Android phones and tablets, Windows phones and tablets, Xbox, smart TVs, set-top boxes and Blu-ray players.
Download on iOS 8+, Android 4.0+ and Windows 8.1+ in app. Includes rentals.
Download this episode and watch on Windows Media Player*
*UK internet connection required to acquire licence Learn more.


text:
The best meal I ever ate
Happy Thanksgiving! Today, World Vision writer Kari Costanza describes the best meal she ever had, in San Mateo, Mexico — where a VisionFund microloan empowered Kari's hosts, Yolanda and Silverio, to open a taco stand and better support their family.
I will never again order Chicken Mole in a restaurant (pronounced mo-lay, Spanish for "sauce").
This was a silent promise I made sitting in the middle of a street in San Mateo, a small village in Mexico's Michoacán, the state that stretches west from Mexico City to the Pacific Ocean.
Michoacán is famous for its monarch butterflies. Each year, 300 million of the beautiful creatures flutter from the Oyamel fir trees of the region's forest to Canada and back again.
But more than butterflies take flight from Michoacán. It is a challenging place to live. Powerful drug cartels hold economic progress hostage. Men and women attempt to cross the border to the United States to look for better jobs and higher wages to send home to their struggling families.
That's why it was so deliciously refreshing to eat a peaceful meal in the middle of the street in San Mateo.
We were hosted by a family you can read more about in the World Vision magazine. They reminded me of my own family — a hard-working dad, an enterprising mother, and beautiful, black-haired, dark-eyed children with impish personalities, just like my son and daughter.
Because of a small loan from VisionFund in Mexico, the mother of the family, Yolanda, was able to open a taco stand in the village. Her income quadrupled. She and her husband, Silverio, spent part of the loan to start a carnitas (pork) business as well.
Today, the family has what it needs — and more. Enough to make me the best dinner I've ever had.
The family and their neighbors blocked off the street, set up a small table and chairs, and began to prepare the delicious mole. Mole negro ("black sauce") has at least 20 ingredients — most of them spices — so it took all day to prepare.
With each passing hour, more and more heavenly aromas infused the village breezes — scents spicy and peppery with whiffs of rich chocolate.
Yolanda (red/white apron) and her neighbors serve a delicious mole feast to World Vision staff Kari Costanza and Jon Warren and their interpreter, Norma (red coat). (Photo: 2013 Jon Warren/World Vision)
And then it was time to eat. It's difficult to describe that Chicken Mole. It was beyond delicious. The sauce was a deep mahogany, spicy, rich, and creamy. The chicken was tender. The warm tortillas, fresh off the burner, were made from blue corn.
When I was no longer hungry, I ate more.
This Thanksgiving as I substitute turkey for Chicken Mole, I will give thanks for people like Yolanda and Silverio who work hard, take advantage of the kinds of programs World Vision provides in places like Mexico, and then give back to their neighbors, their community, and even visitors like me.
Happy Thanksgiving to us all!
This Thanksgiving, help World Vision combat hunger around the world. Make a one-time donation through our Gift Catalog.


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