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Messrs. A. C. Cruce, Jackson H. Ralston, Frederick L. Siddons, William E. Richardson, W. I. Cruce, and W. R. Bleakmore for plaintiffs in error.
[204 U.S. 415, 417] Messrs. George A. Mansfield, J. F. McMurray, and Melven Cornish (by special leave) for Choctaw and Chickasaw Nations. [204 U.S. 415, 418]
Mr. Justice Brewer delivered the opinion of the court:
This was an action commenced in September, 1904, by [204 U.S. 415, 419] Mrs. Ella Adams, for herself and her minor children, defendants in error, in the United States court for the southern district of the Indian territory, to recover possession of a tract of land in that territory. Defendants answered, and, upon trial, judgment was rendered in favor of plaintiffs. This judgment was sustained by the United States court of appeals of the Indian territory, and, on further appeal, reaffirmed by the United States circuit court of appeals for the eighth circuit. 143 Fed. 716.
The case arises out of the legislation of Congress designed to secure the disintegration of the tribal organization of the Five Civilized Tribes in the Indian territory, and the distribution of the property of those tribes among the individual Indians. A full r esum e of this legislation and the general litigation following it is to be found in Stephens v. Cherokee Nation, 174 U.S. 445 , 43 L. ed. 1041, 19 Sup. Ct. Rep. 722, and a full statement of the facts in this case is to be found in the opinion of the United States circuit court of appeals. An entire restatement of these matters is, therefore, unnecessary.
There is but a single matter to be determined. As counsel for plaintiffs in error say:
To properly appreciate and rightly answer this single question some things in the history of the legislation and litigation and also some of the facts in this case must be noticed.
In order to divide the lands of these Indian nations an enumeration of the individuals entitled thereto became necessary. By the act of March 3, 1893 (27 Stat. at L. 645, chap. 209, 16), the commission to the Five Civilized Tribes, generally known [204 U.S. 415, 420] as the Dawes Commission, was empowered to negotiate and extinguish the tribal title to the lands and to make an allotment thereof to the members of the tribe in severalty. By that of June 10, 1896 (29 Stat. at L. 339, 340, chap. 398), the commission was authorized to hear the application and determine the right of each applicant for citizenship in either of these tribes. The act also granted an appeal to the proper United States district court in the Indian territory to any party aggrieved by the ruling of the commission, and declared that the judgment of that court should be final. It required the commission to make a complete roll of the citizens of each of the tribes, to be 'hereafter held and considered to be the true and correct rolls of persons entitled to the rights of citizenship in said several tribes.' Hill, who is the principal defendant, applied to be enrolled as a citizen of the Choctaw Nation, and his application was finally sustained by the court, and he was, on March 8, 1898, adjudged to be a member of the Choctaw tribe by blood and entitled to be enrolled as such. The land in controversy was selected and taken possession of by him in reliance upon this adjudication of citizenship. On July 1, 1898, Congress passed an act (30 Stat. at L. 591, chap. 545) granting to the tribes an appeal to the Supreme Court from the judgments of the United States courts of the Indian territory in citizenship cases. Under the authority of this act many of these cases were appealed to this court, which affirmed the judgments. Stephens v. Cherokee Nation, supra. On March 21, 1902, an agreement was made between the United States and the Choctaw and Chickasaw Nations, which was confirmed by act of Congress July 1, 1902 (32 Stat. at L. 641, chap. 1362). This agreement and act were substantially that a court known as the Choctaw and Chickasaw citizenship court should be created, and that that court should have power, in a suit in equity brought by either or both of these tribes against any ten persons who had been admitted to citizenship or enrolment by the terms of the judgments of the several United States courts in the Indian territory, as representa- [204 U.S. 415, 421] tives of all persons similarly situated, to determine whether the judgments of those courts should be annulled on account of certain alleged irregularities. The agreement and act also provided that, in case the citizenship courts should decide that those judgments should be annulled the papers in any action in those courts, wherein such a judgment had been rendered, should, upon seasonable application of either party, be transferred to the citizenship court, which should proceed to a hearing and determination of the question of citizenship. Under this agreement and act the court was established and test suit brought, in which a decree was entered to the effect that the judgments of the United States courts in the Indian territory, whereby persons were admitted to citizenship in the Choctaw and Chickasaw Nations under the act of June 10, 1896, were annulled and vacated. Hill was not named a party in that test suit, nor did he thereafter apply for a transfer of his case to the citizenship court. The above statement of facts is sufficiently full for an understanding of the single question presented for determination.
That single question may be divided into two. First, was the decree in the Indian territory court declaring Hill a citizen a finality, beyond the power of Congress to in any manner disturb? This was answered in the Stephens Case, supra. In that case we held that Congress could authorize a review of the judgments of the United States courts of the Indian territory in citizenship cases, and this although, by the terms of prior legislation, those judgments had become final. While sustaining the act authorizing such review and providing for appeals to this court, we construed it as limiting the appeals to the question of the constitutionality or validity of the legislation, and not as bringing before us the facts in the instances of all applications for citizenship. In the opinion (page 477, L. ed. page 1052, Sup. Ct. Rep. page 734) we said:
This decision established that no such vested right was created by the proceedings of the Dawes Commission or the judgments of the courts of the Indian territory on appeal from the findings of the commission as prevented subsequent investigation. The power of Congress over the matter of citizenship in these Indian tribes was plenary, and it could adopt any reasonable means to ascertain who were entitled to its privileges. If the result of one measure was not satisfactory it could try another. The fact that the first provision was by an inquiry in a territorial court did not exhaust the power of Congress or preclude further investigation. The functions of the territorial courts in this respect were but little more than those of a commission. While the act of July 1, 1898, provided for an appeal to this court, and appeals were taken in many cases, yet our inquiry stopped with the question of the constitutionality of the legislation. In other words, we entertained and decided the purely judicial question of the validity of the means Congress had adopted for determining the matter of citizenship. We did not attempt to pass upon the question of citizenship in any particular case, nor determine whether the applicant was or was not entitled to be enrolled as a citizen. It is unnecessary to consider what would have been the effect of a judgment of this court, a court provided for in the Constitution, on the question of the right of a litigant to citizenship. The distinction between this court and the courts established by act of Congress in virtue of its power to ordain and establish inferior courts is shown in Gordon v. United States, 117 U.S. 697 , Appx. in which we held that while Congress could give to the court of claims jurisdiction to inquire and report upon claims against the government, it could not authorize an appeal from such report to this court unless our decision was made a final judgment, not subject to congressional review. In the opinion Mr. Chief Justice Taney said (pp. 699, 702): [204 U.S. 415, 424] 'Congress may undoubtedly establish tribunals with special powers to examine testimony and decide, in the first instance, upon the validity and justice of any claim for money against the United States, subject to the supervision and control of Congress, or a head of any of the executive departments. In this respect the authority of the court of claims is like to that of an auditor or comptroller, with this difference only: that in the latter case the appropriation is made in advance, upon estimates furnished by the different executive departments, of their probable expenses during the ensuing year; and the validity of the claim is decided by the officer appointed by law for that purpose, and the money paid out of the appropriation afterwards made. In the case before us the validity of the claim is to be first decided, and the appropriation made afterwards. But in principle there is no difference between these two special jurisdictions created by acts of Congress for special purposes, and neither of them possesses judicial power in the sense in which those words are used in the Constitution. The circumstance that one is called a court and its decisions called judgments cannot alter its character nor enlarge its power. . . . Congress cannot extend the appellate power of this court beyond the limits prescribed by the Constitution, and can neither confer nor impose on it the authority or duty of hearing and determining an appeal from a commissioner or auditor, or any other tribunal exercising only special powers under an act of Congress; nor can Congress authorize or require this court to express an opinion on a case where its judicial power could not be exercised, and where its judgment would not be final and conclusive upon the rights of the parties, and process of execution awarded to carry it into effect.'
This decree was followed by legislation which, in a general way, provided that the rulings of this court on appeals from the judgments of the court of claims should be in effect judgments. While that case is not entirely parallel to this, yet the line of thought pursued in the opinion is suggestive. [204 U.S. 415, 425] We do not feel called upon to enlarge upon it. It is enough now to hold that Congress, in giving to the Indian territory courts jurisdiction of appeals from the action of the Dawes Commission, did not place the decisions of these courts beyond the reach of further investigation. Hence the act of Congress of July 1, 1902, creating the Choctaw and Chickasaw citizenship court, and giving to it power to examine the judgments of the Indian territory courts, and determine whether they should not be annulled on account of irregularities, was a valid exercise of power.
The other question is one of procedure, and not of power. It is objected that the defendant Hill was not made a party to the proceeding instituted in the citizenship court, but there were a multitude, according to the report of the Dawes Commission, probably one thousand, in whose favor judgments of citizenship have been entered in the Indian territory courts, and the act provided that ten should be selected as representatives of the class. It further authorized any individual, in case of an adverse judgment by the citizenship court, to transfer his case from the territorial to that court. Now, it is undoubtedly within the power of a court of equity to name as defendants a few individuals who are in fact the representatives of a large class having a common interest or a common right,-a class too large to be all conveniently brought into court,- and make the decree effective not merely upon those individuals, but also upon the class represented by them. Mandeville v. Riggs, 2 Pet. 482, 7 L. ed. 493; Smith v. Swormstedt, 16 How. 288, 14 L. ed. 942; Bacon v. Robertson, 18 How. 480, 489, 15 L. ed. 499, 504; United States v. Old Settlers, 148 U.S. 427, 480 , 37 S. L. ed. 509, 529, 13 Sup. Ct. Rep. 650. It was by way of extra precaution, and in order to more effectually secure the rights of the individuals other than those named as parties defendant in that suit, that Congress provided that anyone might transfer his individual case from the territorial court to the citizenship court, and there have the merits of his claim decided. Hill, as every other citizen, was bound to take notice of the legislation of Congress, and it is not to be doubted that he, as [204 U.S. 415, 426] well as others similarly situated, was cognizant of the proceedings that were being had in pursuance of such legislation. He made no application to transfer his case, but chose to abide by the outcome of the case against the ten representatives of his class. The answers to these subordinate questions fully dispose of the main question. Without further discussion, we refer to the exhaustive opinion of Circuit Judge Sanborn, in delivering the judgment of the court of appeals, with which, in the main, we fully concur.
We find no error in the record, and the judgment of the Court of Appeals is affirmed.
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Wednesday, February 18, 2009
A Love Story Told On Napkins
My grandparents both lived in Seattle in the late 1920s and early 1930s. My grandparents met through the catholic church that they both attended.
Margaret Harney (my grandmother) was nearly ten years younger than Max Doerflinger (my grandfather), but that didn't stop Max from trying to get her to go on a date with him. After a few months of resisting, Margaret finally agreed to one date. She was 16 and he was 24.
However, one date quickly turned into two, then three, and soon, Margaret found herself out with Max nearly every weekend. He would take her to underground clubs (which they called speak-easies) every weekend so that they could dance.
But the courtship turned to more intensity as Max began falling more in love with Margaret. He began writing her love poems on the napkins during dinner at the clubs. He began bringing her flowers and new ribbons for her "gorgious blonde curls".
She saved every single napkin that he wrote on and saved every ribbon he ever bought her. She even pressed the flowers he gave her in a book and kept all of this stuff in a medium sized box with two bronze doves kissing eachother, which he made.
After my grandparents died, the box was given to my aunt, Diane. Unfortunately, no one knew that Diane would soon be diagnosed with schizophrenia...and now the napkins are gone.
So while I've never seen these napkins, I know about the love that my grandparents shared during their "honeymoon stage".
5 comments:
- Kathryn Lake Hogan said...
Greetings Elyse,
What a shame the napkins have disappeared. But, it's great that you now know the story of how your grandparents met. Sounds like Max was absolutely "head over heels" in love with Margaret. What a wonderful story.
- February 18, 2009 at 12:06 PM
- Deb said...
- This comment has been removed by the author.
- February 18, 2009 at 3:30 PM
- Deb said...
What a sweet story on your grandparents! It's stories like that, that will make your genealogy so much more than just dates & names....it will make it a true family genealogy & unique. I hated to hear about the loss of the napkins though. Maybe someday they will turn up....you never know.
Thanks for sharing....
Later, Deb
(((FYI: I totally messed up my origin post, so I deleted it & tried again.)))
- February 18, 2009 at 3:33 PM
- Gini said...
Hi Elyse~
My husband makes my lunch everyday, inside I get a napkin that has something wonderful written on it, I have save each and every one of them! Somedays the message is longer than others, somedays, it's just "I heart you" or Love, me but I always look forward to seeing those napkins with the notes on them! I wish you had those napkins, what a wonderful love story, thank you for sharing with us.
- February 18, 2009 at 7:57 PM
- Gini said...
I re-read my comment, I didn't say it like I wanted! I mean that I wish you had your grandparents napkins to have and read and I agree with Deb, they may show up, you never know.
- February 18, 2009 at 8:00 PM

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I'm making the transition to fall and at the table with Pfaltzgraff Folk Art dinnerware.
It still feels like summer here in North Carolina with temperatures in the high 80s. Pumpkins are slowly trickling into garden centers and I'm waiting not-so-patiently for Mother Nature to cooperate and brings us some crisp, fall weather!
Early salt-glazed pottery crocks made by Pfaltzgraff were the inspiration for the Folk Art dinnerware pattern.
You can read more about the beginnings of Pfaltzgraff and their 200+ year history of pottery and crocks, here.
Lanterns provide a centerpiece for the table, filled with a mixture of botanicals and a nod to fall with their colors and organic textures.
A navy ribbed tablecloth provides some subtle texture and color as a foundation for the floral motif design of dinnerware.
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Tablecloth / Kohl's
Runner / HomeGoods
Napkins / Kohl's, World Market
Napkin Rings / Pottery Barn, several years ago
Chargers / World Market, several years ago
Lanterns / Pottery Barn, several years ago
Lifetime Brands' products have been provided free of charge in exchange for promotional consideration.


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[page 385, column 2, continued:]
WE have read with much interest an article upon Poe, the poet, by Mrs. E. Oakes Smith, recently published, in BEADLES'S MONTHLY; and also another communication, upon the same subject; by Dr. Snodgrass. Of these, five will only remark that Mrs. Smith's article, even if mistaken in some of its representations, evidently was inspired by a generous feeling toward a dead man, whose memory has been very hardly dealt with; and that the statement of Dr. Snodgrass, though doubtless a correct one, evinced in its details a greater regard for historical accuracy than tenderness for the frailties of an unfortunate friend. We have, also, an essay on Poe, in a book by George Gilfillan, entitled "A Third Gallery of Portraits," and in this there may be said to have been summed up all that has ever been said against one of the "best abused" of men. According to Gilfillan, "Poe was no more a gentleman than he was a saint. His heart was as rotten as his conduct was infamous. He knew not what the terms 'honor' and 'honorable' meant. He had absolutely no virtue or good quality, unless you call remorse a virtue and despair a grace." * * * "He was, in short, a combination, in almost equal proportions, of the fiend, the brute, and the genius. One might call him one of the Gadarene swine, filled with a devil, and hurrying, down a steep place to perish in the wave." * * * "Poe had Satan substituted for soul."
On reading whole pages of raving abuse like this, we stand amazed to think that a man who plainly claims to be a Christian, and expects to be judged by divine justice even as he judges his fellow man, should use such language about a person of whose real history he actually knew next to nothing. But we are able to speak understandingly on the subject.
The writer's father, Lambert A. Wilmer was a man who made the study of human [page 386:] nature his constant pursuit, and he was one of the last persons to be imposed upon by any false appearances. At the same time, he was distinguished by a strictness of morals that, to some, appeared like austerity. We make these remarks by way of introduction to the statement that, for more than twelve years, Mr. Wilmer was the most intimate friend and valued associate of Edgar A. Poe. Both belonged to the literary profession, and there was but a slight difference in their ages. Their friendship commenced at the period when Mr. Poe had just made his regular entrance upon the profession of authorship. Mr. Wilmer has often and solemnly averred, and has left a written statement to the effect that, during this period of twelve years, he never knew Poe to be intoxicated, or to be guilty of any immorality of conduct. In fact his behavior was remarkably precise, and his conversation singularly pure and correct in its nature. It is certain that, whatever Mr. Poe may have become in his last years, his natural character, and that which he manifested during the longest portion of his life, had, in it nothing beastly or degraded.
We have seen and heard it asserted that Mr. Poe "broke his wife's heart," and, in this statement, there is not a shadow of truth. Virginia Poe was of a very delicate constitution; and once, while singing to entertain some visitors, she ruptured a blood-vessel. This did not immediately prove fatal, but her health declined thenceforth, until, at length, she died of consumption. Her husband watched over her with devoted solicitude, and neglected no means which affection could suggest, to restore her health or to promote her comfort. All of Mr. Poe's biographers agree that his mother-in-law, Mrs. Clem [[Clemm]]; never ceased to regard him with affection; but would this excellent woman have been thus devoted to a man who had broken the heart of her only and idolized daughter?
It seems to be considered as a trifling merit that there is no taint of immorality in any of the writings of Edgar A. Poe, but we can not so regard it. The private character, even of a literary man, must, of course, be of the most importance, to his own prosperity and his soul's salvation; but it is with his writings that the world has to do, and, according to the nature of what he has written, shall his influence upon posterity be good or evil.
What appears most singular to us is, that, people should consider the character and fate of Poe as being so extraordinary. Others, as [column 2:] well as Gilfillan, can make of him nothing but a "moral monster" — "a demoniac, 'exceeding fierce, and dwelling among tombs' " — "an awful soul, touched by the torch of the Furies," and soon. He is described as a sort of terrific, supernatural being, striding over the, earth, and casting "the blackness of his own vast shadow" upon its trembling, and bewildered inhabitants. What does all this mean? Deprived of his idolized wife, finding his gifts of mind all unappreciated by his contemporaries, bound down to poverty and toil, uncheered and unsupported by a practical religion, is it so strange that, thus, a weak-hearted man of genius should sink into dissipation, that we must call upon the heavens to be astonished and the earth to quake at it?
Most people, on reading the wild, awe-inspiring, gloom-diffusing productions of Poe, seem to think that the man must be just like his writings, though, everyone who has read the lives of authors ought to know that this is very far from being the rule. Instead of writing "in a frenzy," Mr. Poe "built up" (as he himself said) his compositions in a remarkably deliberate and methodical manner. But, if there are people who can not understand how a poet may write in a wildly imaginative vein, and yet not be a lunatic or a demoniac, we do not undertake to make the matter clear to their comprehension. Those who talk or write of what they do not understand, often work their bewildered imaginations up to such a pitch that "vaulting ambition overleaps itself" and the subject, too. Thus, many writers upon Shakspearean character have put into the minds of Hamlet and Macbeth a host of reflections, and purposes, and secrets, that the illustrious bard himself never thought of; and as critics may be said to have created a new Shakspeare, so biographers have truly made up a new Edgar Allan Poe.
And now, as we have seen that Poe's early, career has been so grossly misrepresented, is it not a thousand to one that there is great exaggeration in most accounts of those faults and follies, which marked his later years? Clearly, he was one whose fate it was,
"In life and death, to be the mark where wrong
Aimed with her poisoned arrows;"
and every honorable soul will shrink from a complicity in the hideous baseness of slandering the helpless dead, or heaping wanton indignity upon the already too much "injured shade" of Edgar Allan Poe.
Margaret E. Wilmer.
Lambert A. Wilmer was a staunch friend of Poe, until he expressed to a mutal friend concern about recent rumors of Poe's drinking. Poe heard of this speaking about him behind his back, and took great offense. So ended a friendship rather needlessly. Wilmer, to his credit, continued to defend Poe long after Poe's death.
[S:0 - BDLM, 1867] - Edgar Allan Poe Society of Baltimore - A Poe Bookshelf - Edgar Allan Poe (M. E. Wilmer, 1867)


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Forgetting what's behind, pressing forward in Christ
"But whatever were gains to me I now consider loss for the sake of Christ. What is more, I consider everything a loss because of the surpassing worth of knowing Christ Jesus my Lord, for whose sake I have lost all things.
"I consider them garbage, that I may gain Christ and be found in him, not having a righteousness of my own that comes from the law, but that which is through faith in Christ – the righteousness that comes from God on the basis of faith.
"I want to know Christ – yes, to know the power of his resurrection and participation in his sufferings, becoming like him in his death, and so, somehow, attaining to the resurrection from the dead.
"Not that I have already obtained all this, or have already arrived at my goal, but I press on to take hold of that for which Christ Jesus took hold of me.
"Brothers and sisters, I do not consider myself yet to have taken hold of it. But one thing I do: Forgetting what is behind and straining toward what is ahead, I press on toward the goal to win the prize for which God has called me heavenward in Christ Jesus."
Philippians 3:7-14 (NIV)


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The economy grew at a slightly faster pace in the final three months of last year, and Americans earned more income than previously reported. That could set the stage for stronger growth this year.
The Commerce Department said Wednesday that the economy expanded at a 3 percent annual rate in the October-December quarter — the fastest pace since the spring of 2010. It exceeded the previous estimate of 2.8 percent. And it was better than the third quarter's 1.8 percent growth rate.
The growth estimate was revised up because consumers spent more than first thought, and businesses cut spending by much less. Imports rose by a smaller amount.
The report also showed that incomes rose in the second half of last year by more than previously estimated. Americans saved more, too.
Income growth is crucial. Economists have worried that recent gains in consumer spending weren't sustainable without more pay. Higher incomes also make it easier for Americans to pare debts.
After taxes, inflation-adjusted incomes rose 1.4 percent in the fourth quarter. That's nearly double the first estimate.
And in the third quarter, incomes rose 0.7 percent, compared with earlier estimates of a 1.9 percent drop.
The savings rate was also revised higher. Americans saved 4.5 percent of their incomes in the October-December quarter. That was down slightly from the third quarter. But it topped the previous 3.7 percent estimate for the fourth quarter.
Consumer spending rose 2.1 percent in the fourth quarter, powered by a jump in spending on autos and other long-lasting goods. That's an improvement from the third quarter. And it's much better than spending during the spring, when high gas prices nearly brought consumer spending to a standstill.
Most of the growth in the fourth quarter was driven by companies restocking their shelves. Many had cut their inventories over the summer, when they thought the economy was on the verge of a recession.
That didn't happen. In fact, the economy has steadily improved since then. Still, companies likely scaled back the pace of their restocking at the start of the year to match the pace of consumer spending. That should slow growth in the current quarter.
Economists predict growth at an annual pace of 2 percent in the January-March quarter, according to a survey by the National Association of Business Economics. Growth will reach 2.4 percent for the full year, up from 2011's increase of 1.7 percent, the survey found.
A host of recent data has made many analysts more optimistic about this year's prospects. Companies have stepped up hiring, pushing the unemployment rate down for five straight months to 8.3 percent.
U.S. factories boosted output last month and December was their strongest month of growth in five years. Consumer confidence rose to its highest point in a year this month, the Conference Board reported Tuesday. That could signal Americans are ready to step up spending, which would fuel more growth. Consumer spending accounts for 70 percent of economic activity.
Some trends likely to slow growth in the current quarter are still good for consumers. The warm winter weather will likely mean Americans won't have to spend as much to heat their homes. But that technically will lower the economy's growth rate.
The economy was held back in the fourth quarter by a big drop in government defense spending. Defense spending is unlikely to be much of a factor in the current quarter, economists say.
Growth could be slowed or even derailed this year by rising gas prices, which have jumped 30 cents in the past month. That forces consumers to spend more for the same amount of gas and leaves less money for other purchases. A sharp rise in gas prices early last year choked off growth after companies began the year with a burst of hiring.
But so far, the increase isn't enough to cause a repeat of last year's disappointment, economists say. With hiring accelerating and incomes higher, consumers are better able to afford higher prices at the pump.
And the prices of other goods also jumped last year, particularly food, as well as other energy sources such as natural gas. But natural gas costs have plummeted recently while food prices are rising at a much slower pace. Those trends should offset some of the squeeze on spending from pricier gas.
The government makes three estimates of the gross domestic product for each quarter. The GDP is the economy's total output of goods and services and includes everything from autos to utility output to haircuts. Each revision is based on more complete economic data.
Christohper S. Rugaber, Detroit News


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Complete the adventure and you'll recruit the stout gold dwarf cleric, Barrowin Undurr, who has some unique buffing mechanics and shares a seat with Tyril. This event will run until January 8th, 2018 at noon PST. Good luck!
New Champion: Barrowin UndurrA proud daughter of Clan Undurr and a devout follower of Gorm Gulthyn, the dwarven god of vigilance and duty. She spent fifteen years in the city of Ironmaster, in Icewind Dale, overseeing and protecting her family's investment in the city's lucrative mining operations. However, she saw little action and feared that her talents were being squandered. She has recently found a home within a budding organization called the Order of the Gauntlet, which vigilantly guards against the rise of evil in all its forms.
When you want to add Barrowin Undurr to your party, you can swap her with Tyril.
Wintershield Variants
- The Chatty Map — The map is extremely chatty. Every 15 seconds it engages in deep conversation with a random Champion in your formation, disabling their DPS and Formation Abilities for 15 seconds.
- The Cult of Daggers — Dagger-throwing Cultists spawn alongside normal waves and toss daggers at random Champions in your formation. These additional monsters drop no gold.
- Only the Strong Survive — Only Champions with a Strength stat of 13 or higher can be used. This includes base Champions Bruenor, Celeste, Nayeli, Minsc, Tyril, Jamilah, and Arkhan, and event Champions Gromma, Krond, and Barrowin Undurr.
- Added the Wintershield event, our fifth limited-time campaign event! The event will run until Monday, January 8th at noon PST.
- Added a new Champion: Barrowin Undurr, the Gold Dwarf Cleric.
- Added a new event Divine Favor: Oghma's Favor.
See the in-game FAQ for more information!


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(visited by Aaron B)
18-Apr-2010 -- I had looked up the point 25N/78W several months before this trip and noticed that it seemed quite reachable, at least once you're already on Andros Island. The challenge then became getting there! There are two airports on the North half of the island: Andros Town (25 miles SE from the confluence) and San Andros (5 miles NW). Thinking that only charter flights flew to San Andros, I booked a flight from Ft. Lauderdale to Andros Town, better known as Fresh Creek to the locals. Beware! Taxis to Nicholls Town in the North cost about $100 each way. Turns out you can easily buy tickets to San Andros from Nassau at one of the domestic carrier counters at Nassau airport and enjoy a much shorter taxi ride. After receiving light admonishment from the taxi driver and later the hotel manager I decided I'd pass this info along for anyone else wanting to visit North Andros/Nicholls Town.
I made arrangements at the Pineville Motel in North Andros because it was one of the few hotels I could find online that was close to the confluence. That said, it was still a good 11 miles away as the crow flies. And I still had to book over the phone. The woman I spoke with surely butchered my last name, but at least I had something set up for when I arrived.
The sign said that the hotel manager, Eugene, was out at a meeting when I arrived. No one else was manning the hotel. My taxi driver, Lynden, gave him a call to let him know I was in. Sure enough, the reservation was noted on the calendar in their office complete with my additional request for the use of a bicycle. Eugene treated me like family while I was there, which wasn't too hard considering I was the only guest the whole 3 nights I stayed on Andros! Most of the time, the Pineville caters to large groups like churches and schools. He supplied the bicycle I requested, which was simple one-speed that a previous guest had put together. We got it ready late Saturday night for my early attempt at the confluence bike ride Sunday morning.
Weather was cool and cloudy when I began pedaling just after 8 am, and luckily it remained that way all the way to the point. Queens highway seemed particularly empty this morning as everyone was either at church or just taking it easy. What I love most about North Andros has got to be the pine forests that line most of the roadway. It felt more like I was in the Pacific Northwest than the Caribbean. I reached my turnoff point at roughly 25.003N, 78.031W before 10 am, and from here I began riding east along an old logging road through the pines. About a mile in, I decided to ditch the bike and walk as the shrubbery in the roadway was getting too thick for riding. A fallen tree and some thick bushes slowed me down but not tremendously. I followed this trail until it came to a T, at which point I followed GPS headings, turning right at 0.6 miles away and then left once at 0.1 miles. I arrived at the Bahamas' only land-based confluence at 10:45 am. I met a brave little lizard there who spent several minutes just watching me as I watched him back and took pictures. It started to drizzle, so after 15 minutes at the point I turned around and made my way back.
It didn't rain too much. I stopped at the ice cream shop at San Andros airport (the only thing open there on a Sunday) and then visited Uncle Charlie's blue hole, a secluded natural pool that is connected to the oceans via underground caves. A dip in the water was a very relaxing excursion after a long morning of biking around in the Bahamas. :)


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Yield: Makes 2 1/2 cups
One large (or two medium) cucumbers, peeled, cut in half lengthwise and seeded, then grated
2 cups plain whole milk yogurt
10 large mint leaves, thinly sliced* (can sub cilantro)
1/2 teaspoon ground cumin**
Pinch of cayenne
Pinch of paprika
Salt and pepper
* To slice the mint leaves, "chiffonade" them by stacking them on top of each other, rolling them up like a cigar, and taking thin slices off the end.
** If whole cumin seeds are available, take one teaspoon and toast the seeds first in a small skillet until just fragrant. Then grind with a mortar and pestle.
1 Place grated cucumber in a sieve and press with the back of a spoon to squeeze out as much moisture as you can. Alternatively, you can place the grated cucumber in the middle of a clean tea towel, wrap the towel around the cucumber and wring out the excess moisture.
2 Stir spices and mint into yogurt in a medium bowl. Stir in the grated cucumber. Chill until ready to serve.


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Brocade has unveiled an infrastructure procurement model designed for cloud computing, along with additions to its new VDX data center switch line.
At the VMworld 2011 conference, Brocade rolled out a subscription-based acquisition option that allows customers to acquire network capacity on demand as required by fluctuating business demands. Brocade Network Subscription is optimized to address cloud-based IT environments, Brocade says.
[ Keep up on the day's tech news headlines with InfoWorld's Today's Headlines: Wrap Up newsletter. ]
IN PICTURES: VMworld 2011 product showcase
Brocade Network Subscription is designed to allow customers to scale capacity up and down according to actual network utilization with no capital outlay. Customers pay for their network infrastructure on a monthly basis, and can return equipment to Brocade when capacity demands are not as high.
READ ALL ABOUT IT! VMware CEO: Cloud to end computer desktop era
Network Subscription is not a managed infrastructure-as-a-service offering; essentially, it's an option for customers who need more flexible procurement, lease or rental alternatives to control network capital expenses or who have tight budget constraints.
"It's more like financing or leasing equipment but you can terminate capacity if you don't need it," says Joe Pucciarelli, program director of technology financial and executive strategies at IDC. "It's an open ended rental option."
It maps to cloud IT infrastructures where capacity peaks and valleys are more volatile and load requirement is much less predictable, Pucciarelli says. Customers can subscribe for additional capacity to meet peaks and then step down capacity as those peaks diminish.
Citing IDC data, Brocade says public and private clouds will become a $1.4 billion market this year.
Pucciarelli says other major IT vendors and Brocade competitors, like Cisco, IBM and HP, offer similar procurement options but they may come with strings attached, like unattractive fees if network capacity needs to be reduced or equipment returned.
"They don't allow for interim adjustments," Pucciarelli says. "If they do, there are a lot of fees involved."
Brocade Network Subscription is available now for Brocade's IP/Ethernet networking products, including the new VDX line of switches. Service provider Rackspace Hosting, with more than 140,000 customers worldwide, is already using Network Subscription, Brocade says.
Brocade Network Subscription includes Essential Support from Brocade Global Services.
Introducing VDX Ethernet switches
The new VDX switches, meanwhile, include the Brocade VDX 6730 and the VDX 6710. The 6730 is a 10 Gigabit Ethernet switch designed to protect existing SAN infrastructure investments by bridging Brocade-based Ethernet fabrics to Fibre Channel SAN fabrics. It can be deployed as a traditional Ethernet switch in the access and aggregation layers, and supports 24-60 1/10GbE SFP+ Data Center Bridging (DCB)-compliant Ethernet ports, and 8-16 8Gbps Fiber Channel ports.
The 6710 is a high-density, 1/10GbE switch designed to provide a low-cost entry point for Brocade fabric technology by enabling 1GbE servers to connect to Ethernet fabrics as well as traditional data center LAN deployments.
Both switches are available this quarter. Brocade did not disclose pricing.
Separately, Brocade said its CloudPlex architecture is progressing, with endorsements from Dell, EMC, Fujitsu, HDS and VMware. And the preconfigured CloudPlex Virtual Compute Blocks, which are designed to simplify the deployment of distributed and virtualized data centers, will be available to VARs globally through distributor Avnet.
Read more about data center in Network World's Data Center section.
This story, "Brocade caters to cloud customers" was originally published by Network World.


text:
Imperial Ethiopia - Ethiopian History, Culture, Tradition
Official site of the Imperial Crown Council of Ethiopia, the governing body of the Imperial Family of Ethiopia, Africa's oldest royal dynasty. This site presents the history of Ethiopia and its kings and queens, as well as information on the Imperial Family's various cultural and humanitarian activities, the Ethiopian aristocracy and Ethiopia's religions. Since the death of Emperor Ahma Selassie, son and successor of Emperor Haile Selassie, the Crown Council has embodied the leadership of the Imperial Family, and the history, hopes and dreams of a nation.
Africa » History & Culture
1 Links


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In 1941, fieldworkers for the Library of Congress's Radio Research Project made documentary recordings of Americans from around the country who described their lives, sang their songs, and told the stories of their own regions. The project's staff believed that most commercial radio broadcasts of the day were dominated by programs created in the great urban centers and that these programs failed to reflect regional culture, local talent, and, in particular, the voices of the people speaking in their own words. The project included recordings from farmers, merchants, day laborers, and bankers from the Eastern Shore of Maryland; a traveling carnival set
Pete Seeger playing banjo,
1948. Library of Congress,
Prints and Photographs Division-
New York World Telegram
and Sun Newspaper Collection.
Photograph by Mel Kirkwood.
Reproduction Number LC-USZ62-124417.
A second set of recordings, in which the interviewees were asked to address their thoughts and opinions on the attack and the declaration of war directly to President Franklin D. Roosevelt, was made under the auspices of the Office of Emergency Management in January and February 1942. These recordings total approximately seven and one half hours and were also used to create a radio program, entitled "Dear Mr. President," which was broadcast in May 1942. Pete Seeger and Huddie Ledbetter (Leadbelly) recorded original songs for the "Dear Mr. President" interviews. Included in this presentation are Pete Seeger's "Dear Mr. President" and "The Martins and Coys."
The online presentation, After the Day of Infamy: "Man-on-the-Street" Interviews Following the Attack on Pearl Harbor consists of more than two hundred interviews recorded from December 1941 to February 1942. In most cases, the recordings were digitized by Library of Congress staff directly from the discs on which they were originally recorded. The only editing redacted interviewee names from several recordings and removed Leadbelly's two songs for which permissions have not yet been received. Otherwise, the recordings are presented as they were originally recorded.
Recording Series
This presentation consists of two different sets of recordings. "Man-on-the Street," AFS 6357-6375; 6453-6454, includes interviews conducted December 8-10, 1941. "Dear Mr. President," AFS 6397-6452; 6455-6463, includes interviews conducted January-February 1942.


text:
Wednesday, April 22, 2009
IceTV's General Manager, Matt Kossatz notes:
"Today's decision is the news that we (IceTV), our staff and our loyal subscribers have waited 3 long years to hear. We would like to thank everyone for their continued support."UPDATE: THE HIGH COURT DECISION IS AVAILABLE HERE (6-0!). We will read and digest the judgment and get back to you!
More information about the case's history is available in our last few posts about IceTV here and here.
Monday, March 30, 2009
Unlocking IP 2009 Conference –
National and global dimensions of the copyright public domain
16-17 April 2009 - UNSW Sydney
UNSW's Cyberspace Law and Policy Centre invites you to register now for an international conference from the 'Unlocking IP' ARC research project, which investigates how Australia's digital commons, both the public domain and public rights created by open content and open software licensing, can be expanded and protected. It focuses on 'self help' actions within the existing statutory context, in Australia's distinct legal and cultural context, and on comprehensiveness - we offer preliminary results from the first survey of Australia's digital commons, with data from National Library of Australia.
The conference includes reports and case studies from the front line, where new models for sharing and trading intellectual property meet the reality of business, government and educational demands, new technological opportunities and lessons learned from implementation of licences like Creative Commons and Free for Education. Book publishing under hybrid business models at Sydney University Press, online user generated content using Wikimedia, and international initiatives like the US' Reboot.gov and China's IP abuse rule are featured, alongside detailed analysis of emerging legal and policy directions.
A highlight of the conference will be the launch of the 2009 Consumers International IP Watchlist. Arising from the CI Access to Knowledge project, the list identifies countries whose IP policies and practices are harmful to consumers. It is used as a counterbalance to the United States' "Special 301" Report, which is an annual report highlighting countries that supposedly do not provide strong enough protection for the interests of US intellectual property owners.
The venue is Law Faculty of UNSW, Kensington Sydney, close to beaches, parks and Sydney CBD.
Details of speakers and the program are here.
Register here!
See you there!
Labels: conferences
Tuesday, March 24, 2009
Forthcoming ISHTIP Conferences
First Annual ISHTIP Workshop:
The Construction of Immateriality
Practices of Appropriation and the Genealogy of Intellectual Property
Bocconi University,
Milan Italy
26-27 June 2009
Call for Papers is here and Conference Information here
Labels: conferences
Thursday, March 19, 2009
The registration form and draft program is now available.
Hope to see you there!
Labels: conferences, copyright
Monday, March 02, 2009
A registration form will be available here shortly.
The Conference will include both invited and submitted presentations. We invite proposals for papers relevant to the theme of the Conference. Please refer to the Conference Call for Papers page for details. The deadline for submission of full papers or extended abstracts is March 4, 2009.
Labels: conferences, research
Friday, February 06, 2009
Continuing with the coverage of the interim Digital Britain report, something has been bothering me since I read it, so I went back and browsed through it again until I realised what it was. According to the UK's chief technology policy-makers, we still seem to be living in the 20th century. Why? Several reasons: the only mention to Web 2.0 is in the glossary; some of the technologies being pushed are proved failures with the public; it believes DRM offers a solution to piracy; it blatantly ignores the content delivery revolution that is about to take place; but most importantly, it ignores user-generated content by insisting on the outdated view of the top-down content provider.
Labels: ben, mea culpa, policy
Tuesday, February 03, 2009
- The Berne Convention precipitated the creation of modern copyright law
- Early legislators tried to qualify the scope of copyright
- 20th century legislators paid little attention to the question of incentive or production
- Copyright does not confer an automatic right of remuneration
- Legislators did not try to "balance" the interests of owners and users
- Copyright legislation regulates taxation in gross of non-commercial (or non-competing) users to the detriment of public welfare
- The structure of the Australian Copyright Act reflects sectional interest
- Public interest considerations were raised consistently in policy and legislative debates
- The pursuit of authors' rights led to the creation of analogous producers' rights
- Copyright protection did not cause the economic success of the copyright industries
- APRA's revenue demands led to the creation of Article 11 bis(2) of the Berne Convention and the Australian Copyright Tribunal
- The record industry asserted the mechanical performing right opportunistically
- The role of individual agency is underestimated in analysis of copyright
- The commercial struggle for control over the broadcast of sport precipitated the Gregory Committee enquiry
- The origins of Australian copyright policy orthodoxy lie in the Spicer Report and the second reading in the Senate of the 1968 Copyright Bill
- The parallel importation provisions of the Australian Copyright Act were carried over from imperial legislation
- Australian legislative debate has seen two great statements of principle: the first over the posthumous term and the second over import controls
- The content of the modern copyright law of Australia is the entire creation of international conventions and British precedents
- Doubts over term persisted at the official level until the 1950s
Friday, January 30, 2009
Those interested in digital copyright policy might be interested in the UK's Department of Culture, Media and Sport's 'Digital Britain' Interim Report, which was released this week.I like the idea that the Government might not just be about maintaining the status quo. I often feel that the 'majority opinion' concept is ignored (not only in the field of copyright).
Section 3.2 seems particularly relevant:
'There is a clear and unambiguous distinction between the legal and illegal sharing of content which we must urgently address. But, we need to do so in a way that recognises that when there is very widespread behaviour and social acceptability of such behaviour that is at odds with the rules, then the rules, the business models that the rules have underpinned and the behaviour itself may all need to change.'
It also recommends the creation of a Rights Agency to:
'bring industry together to agree how to provide incentives for legal use of copyright material; work together to prevent unlawful use by consumers which infringes civil copyright law; and enable technical copyright-support solutions that work for both consumers and content creators. The Government also welcomes other suggestions on how these objectives should be achieved.'
Labels: ben, guest post, policy
Thursday, January 22, 2009
Labels: ben, conferences, lca2009
Tuesday, January 20, 2009
I thought about writing a final post musing on copyright and the commons, but currently I'm working on my chapter on colonial copyright, and I'm looking forward to getting back to it. And if I was going to muse on any topic it would be that: colonial copyright, or historical copyright issues. When I started my PhD a little under a three years ago, I knew that my thesis would involve 'mapping Australia's copyright commons' - that is its (current) title after all - but it wasn't until I started looking at the various colonial statutes, and then the Copyright Act 1905 (Cth) that a number of distinctly Australian issues began to emerge. In the end, I think I've ended up writing about 10 percent of what I originally planned to, because so many different issues came up from these older statutes that are still relevant to, and have an impact on, the Australian public domain and the creations contained within that space today.
I won't go into the details of this now; with the upcoming Unlocking IP 2009 conference coming up, that is a more appropriate forum. So I'll finish off with a few thank yous...to my fellow housemates Abi Paramaguru, Ben Bildstein and Sophia Christou, who will fill you in on all the juicy copyright gossip during my absence; my supervisors, Kathy Bowrey and Graham Greenleaf; and to you, our wonderful readers, for your support and engagement with our blog.
I'll be back at the House of Commons in June, look forward to writing to you all then!
P.S. There is, of course, one exception to my blogging vacation: if the Federal Government responds to the Copyright Law Review Committee Crown Copyright report. Will we get to four years without a response...?
Labels: catherine
Monday, January 19, 2009
And of course, being LCA, they have free (as in free beer) wireless.
I'll blog more, but possibly not today. I had to get up at 4:20am this morning, to drive my partner to the airport, and despite the two coffees I've had, my head's not entirely together right now.
Labels: lca2009
Tuesday, January 06, 2009
Visit the Philippine Commons website for further information about the Conference, as well as other local CC developments and events.
Labels: conferences, Creative Commons, sophia
Tuesday, December 02, 2008
But when I read about this on lessig.org, I went to change.gov and couldn't find any reference to Creative Commons. I looked at the HTML source and there was no reference to Creative Commons. It turns out that there is a page on the site about copyright policy, and this has a statement that covers all other pages on the site.
If this kind of licensing (having one page on your site that states that all other pages are licensed, and then linking to that page from all other pages on the site) is common (and I think it is), it means that just counting links to Creative Commons (or any other licence, for that matter) gives you a pretty bad estimation of the number of licensed pages out there.
As an example of what I'm talking about, consider the following comparison:
- apsa.anu.edu.au, 230 pages linking to Creative Commons licences, of about 655 pages. (But please don't ask me which pages don't link to Creative Commons licences, because I can't figure it out. That would be another blog post.)
- change.gov, 1 page linking to a Creative Comons licence, of about 432 pages.
I beg to differ.
(For more on this topic, and some ways it can be tackled, see my paper from iSummit. And stay tuned for more.)
(via lessig.org, via reddit.com)
Labels: ben, isummit08, lessig, quantification
Wednesday, November 26, 2008
Some of the earlier questions are oriented towards content creators. I answered 'not applicable' to a lot of them. I thought the question that asks you to define non-commercial use was interesting. I'll share mine in the comments on this post, and I encourage you to do the same (so don't read the comments until you've done the questionaire!).
As previously announced, Creative Commons is studying how people understand the term "noncommercial use". At this stage of research, we are reaching out to the Creative Commons community and to anyone else interested in public copyright licenses – would you please take a few minutes to participate in our study by responding to this questionnaire? Your response will be anonymous – we won't collect any personal information that could reveal your identity.
Because we want to reach as many people as possible, this is an open access poll, meaning the survey is open to anyone who chooses to respond. We hope you will help us publicize the poll by reposting this announcement and forwarding this link to others you think might be interested. The questionnaire will remain online through December 7 or until we are overwhelmed with responses — so please let us hear from you soon!
Questions about the study or this poll may be sent to email@example.com.
Labels: ben, Creative Commons, guest post


text:
Rob - ACS does need to include safety as a requirement for accreditation, but remember, ACS is only 1 of my accrediting groups. ABET covers the engineering school, and I haven't run into the bio groups yet.
Peter,Definitely, it's hard not to take it personally/professionally when all the factors underlying academic safety are laid bare. A lot of folks on the front line are doing everything possible to increase academic safety, and an examination of these challenges is not an indictment of these efforts or people. But we do have to acknowledge that academia and industry are very different and seek solutions that work best for each.An arguably glib answer to your questions 1 and 2 is simply what Monona was asking for in her initial rhetorical question - that academic labs have a working environment at least as "safe" as industry's. Or, in something right up there with "world peace", to make research as safe as possible.In pursuit of safer research labs and having identified some of the numerous factors/challenges faced in the academic research laboratory, I would add these questions to your list:1. How much control do we have over each of these underlying factors/challenges? (Identify underlying factors)2. What *can* be done in the context of current control? (Identify best practices)3. What more will it take to raise that level of control and can we do it? (Explore new paradigms)For example, take the first point I raised below - the transient nature of the workers. We have no control over that. What we can do, as discussed here, is to have each incoming worker registered in a workplace management system that tracks their safety training progress. What can we do to increase control? New ideas or multiple overlapping layers of defense are required there - have workers report the chemicals they are working with, institute laboratory procedure audits, start a safety peer-review program, use your tracking system to ensure that SOP's are read by quizzing workers on them, mandatory refresher courses etc. Some of these will overlap other areas, of course. And you have to be careful not to have it appear burdensome/busywork, so there's a fine balance. Is any of this practical with limit resources? Add "limited resources" as a challenge in itself!Or take the enormous challenge raised by Kim - "We have essentially 1000 different start-up companies of 2-10 people all working for individual goals (their own research money, degrees, papers, recognition)." Wow, no control over individual motivations. Safety culture and everything we do already is how we mitigate it. But to raise our level of control will take, in my opinion, the ACS requiring safety culture from day 1 of the curriculum - folks need to realize that no matter what they do in the laboratory, safety is an integral part and not an prethought, afterthought or checklist. Accreditation requirements should reflect this - and not just on paper ("we teach safety in all our classes, yes"), but with an on-site audit that shows it is actually *implemented* and *effective*. Likewise, ACS should consider requiring safety and risk assessment/mitigation in the Experimental sections of synthesis papers.Hmmm, when I said write a book, I think I should have said "multi-volume set".Rob======================================================Safety Emporium - Lab & Safety Supplies featuring brand namesyou know and trust. Visit us at http://www.SafetyEmporium.comesales**At_Symbol_Here**safetyemporium.com or toll-free: (866) 326-5412Fax: (856) 553-6154, PO Box 1003, Blackwood, NJ 08012On Sep 24, 2012, at 1:01 PM, Ashbrook, Peter C wrote:Monona,I totally agree that the focus ought to be talking about overcoming the challenges. But before doing so, please let's stop comparing lab safety in academia to lab safety in industry. Those comparisons raise the defenses of those of us in academia and make it difficult to focus on the real issue, which is improving laboratory safety.To help move things forward, one has to define terms and ask the appropriate questions. I'm not sure I can do that, but I'll take a stab at it. Here are two:1. What are we trying to accomplish with our laboratory safety programs?2. How will we know if our laboratory safety programs are accomplishing this (these) objective(s)?We can do all the training, with the best trainers in the world. We can have the best laboratory manuals that cover all the hazards perfectly. We can have the best policies and SOPs, and enforce the heck out of them. We can do all these things (at least theoretically), yet still have laboratory accidents. Why?=97sometimes accidents happen despite our best efforts.By these comments, I do not mean to place the blame for accidents on acts of God. We have a ways to go before our training and guidance and SOPs and enforcement are all up to snuff. We need to establish sustainable programs that will continue after everyone's attention moves on to the next big issue.In answer to my first question, I would say we want to establish a culture where people not only take their own safety seriously, but look out for the safety of their co-workers. I am struggling to come up with a good answer to my second question. I would really appreciate some good metrics that could be used to support our laboratory safety program.Like everyone else I know in academia, we are using the UCLA experience and the CSB report on Texas Tech to get people's attention and improve laboratory safety at our institutions. While there may be some out there, I don't know of any schools that are using the obstacles to laboratory safety as an excuse to do nothing. Certainly our professional organizations have made laboratory safety a high profile issue at recent conferences. And I am sure many of us are working on local solutions at our own schools. There are no simple solutions=97it is a lot of work over a long period of time.PeterFrom: DCHAS-L Discussion List [mailto:dchas-l**At_Symbol_Here**MED.CORNELL.EDU] On Behalf Of ACTSNYC**At_Symbol_Here**CS.COM
Sent: Sunday, September 23, 2012 12:18 PM
To: DCHAS-L**At_Symbol_Here**MED.CORNELL.EDU
Subject: Re: [DCHAS-L] School labs vs industrial. Was: Undergrads in research labs - r...I've been on the road, so this subject lapsed. But I'd like to do an "and furthermore."
People came up with all kinds of legitimate reasons why controlling the hours and enforcing the PPE and other rules on school labs is extremely challenging. But none of these are a reason not to look for a way to overcome these challenges. That's what we need to be talking about.
OK, there are times when students need extra time that are hard to predict, and there are thousands of different types of labs some with more hazardous stuff than others, and there are budget issues, and more and more. Why can't we look at solutions. With computers, surveillance cameras, card swipe entry systems, maybe some motivation for administrators after the UCLA suit against the Board of Regents, surely this is a time when we have a shot at coming up with some ways to at least chip at the edges of this.
They way the subject ended on this forum was a silent endorsement of the strategy to do absolutely nothing. That's just not reasonable at this point.
In a message dated 9/14/2012 8:23:29 AM Eastern Daylight Time, kim.auletta**At_Symbol_Here**STONYBROOK.EDU writes:
To add to this list of challenges for us in academia to overcome:
1. More than 1/2 our labs are "bio". The use of chemicals is incidental to their experiments/work. Most of the laboratory staff don't consider the majority of these chemicals as hazardous. Their focus is on their bio material and maintaining cultures that do not get contaminated. We also have engineering labs that use chemicals as incidental to their work.
2. An industrial/commercial facility has everyone working for the same goal - make a product that they can sell and everyone keeps their job. We have essentially 1000 different start-up companies of 2-10 people all working for individual goals (their own research money, degrees, papers, recognition).
Kim Gates Auletta
Laboratory Safety Specialist
Environmental Health &Safety
Stony Brook University
Stony Brook, NY 11794-6200
EH&S Web site: http://www.stonybrook.edu/ehs/lab/
On Thu, Sep 13, 2012 at 5:05 PM, ILPI <info**At_Symbol_Here**ilpi.com> wrote:On Sep 13, 2012, at 3:13 PM, ACTSNYC**At_Symbol_Here**cs.com wrote:
* Just what is it about a school laboratory as opposed to an industrial one that justifies putting a price on life this way?
Industry has the same problem, but in different ways and to a lesser degree.. Changes in scale (Texas Tech, UCLA) occur less often and in many cases expertise is available for the engineering/safety challenges of scaleup.. Procedures are more repetitive, and therefore you can draw boundary lines - cut this corner and you're fired etc.
Justify? Nothing. Explain? It's a lot of things. I suppose the question could be restated as "Why is academic culture not a safety culture despite our best efforts?" Our discussions on the list and at the ACS Philly meeting have hit a lot of these points lately, but I will try to summarize and add a few more thoughts. These are *generalized* and may not apply at all schools - and not all industries are paragons of safety, either.
1. Transient nature of the workers. Professors generally stop working in the lab after a few years - they are consumed by the almighty funding quest, teaching etc. He/she trains the first couple students, those students train the incoming ones, and a giant game of telephone ensues. The result is that people learn procedures that are not entirely safe or downright dangerous because SOP's are either not established, updated, or consulted. And, gotta love this, that original professor who started the chain probably learned all his/her skills the same way. I mentioned a specific example on the list previously - every student in the lab I worked in (including myself) had been taught the incorrect way to syringe t-BuLi and every one of us thought it was correct at the time even though the Aldrich bulletin had another way.
2. Immortality. Most of the students, postdocs, and young faculty aren't old enough to seriously appreciate the consequences of a safety screwup in the lab. Unless you have witnessed a horrific accident, had an underwear-changing near miss, gone to the E-room in the middle of the night sure you were having a heart attack, or had kids who would be orphans if things went wrong, you generally don't tend to tune in that it Really Can Happen To You.
Industry has the same problem, but they solve it with enforceable policies. Do This and you're fired. Don't Do This and you're fired etc. In my academic career I've seen students pushed out of PhD programs for poor academic performance, poor research, plagiarism, personal issues etc., but I have never heard of anyone being forced out or sanctioned for safety issues. Perhaps that's something that should never happen - safety should be about education/improvement/partnership/support rather than blame, but with the UCLA prosecution that whole paradigm is on the brink of seismic shift.
3. Complacency/familiarity. The more you work with something, the less dangerous it seems. You may take every precaution using n-BuLi the first time, but use it enough and you'll start becoming complacent. After you get some on your hand and it doesn't do anything but feel soapy, or you quench a big reaction without incident, you start to cut corners or not use the required PPE. Then comes the day when your scaleup runs away thermally and you don't have an ice bucket, or it's humid and it does catch fire in air. The first couple times you use a dichloromethane wash bottle and get some on your hand, you worry about it, but after a while you're hosing organic gunk off your hand with it.
8. Dysfunctional organization and/or poor leadership. This is more on a department by department or institutional basis. We all know it happens, but I'm trying to address things we can directly affect/effect..
4. Unfamiliarity/number of chemicals. Investigative research requires that you buy and use a lot of different chemicals, many of which you have probably never used before. New toxicity, reactivity, storage, compatibility etc. issues all arise, and a busy grad student may not feel compelled or inclined to investigate these - all while buying the 500 mL bottle instead of the 25 mL one because it's only a few dollars more. To most grad students and amine is an amine, they are all the same. That student might not ever realize a particular diammine crosslinks your DNA.
Again, except perhaps for industrial research, the number of chemicals is far lower. Most places don't want to create and hold onto a storeroom of chemicals that you want to keep on hand "just in case" you happen to need some and can't wait 2 days for your Aldrich order.
5 No formal reporting/corrective mechanisms. When a safety problem comes up in industry, that carries all sorts of direct consequences (workman's comp, down time, lost profits, OSHA worries, whistleblower fears, lawsuits, bad publicity). Corrective action is generally straightforward - fire an employee, make a new rule, post a sign, put a new guard on a machine, whatever.
I've witnessed dozens of near misses and minor accidents in academic labs. I have never been at a school where identifying, reporting, and correcting them was encouraged, let alone even considered. Most go unreported because folks fear being punished or restricted. Which is sad, because one person's near miss could be a lesson that saves someone else from a direct hit. Bringing up safety matters will not earn you tenure - and it could even cost you it because professors should be "focused on research and getting grants" (yes, we all know that safety is an integral and non-removable component of research).
I suppose that the one thing that could go the furthest in changing the academic world would be a safety rewards program. Maybe DCHAS needs to develop a model rewards program just like there are model CHP's and the GHS model. More on that some other day.
6. God Complex/blindness. Certain PI's and researchers will simply not take safety information/advice rules from someone else seriously. "I'm a PhD chemist and I think I know how to handle chemicals safely, thank you very much." We've had discussions here about that one. Then there are those who really do believe they are taking safety seriously but have glaring issues in their lab. Their students wear goggles all the time, there is proper signage and whatnot, but there's four waste bottles (two unlabeled) in the cluttered hood with wires hanging down in front of it. This goes back to # 3 in the end.
7. Inertia. "That's the way things have always been done and we haven't had any problems." This goes up the administrative chain as well. The recent spate of horrid academic accidents has, perversely, put our community into a unique position - we can actually get attention to address long standing issues that administrations formally would have been reluctant to address or spend money on.
In summary, there's just a few reasons, just ***off the top of my head***. It goes so way far deeper than this. We could all collaborate and write a book. Wait, it's been done. http://portal.acs.org/portal/PublicWebSite/about/governance/committees/chemicalsafety/CNBP_029720 A big round of applause for everyone who participated in that!
Rob Toreki
Safety Emporium - Lab &Safety Supplies featuring brand names
you know and trust. Visit us at http://www.SafetyEmporium.com
esales**At_Symbol_Here**safetyemporium.com or toll-free: (866) 326-5412
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text: SOS Children's Village Zaragoza The SOS Children's Village Zaragoza was erected in 1993 and in the very same year, the first SOS families moved to their new homes. It is situated in the village of Villamayor, about 10 km north of the capital city of the province of Aragón, Zaragoza. Villamayor, a small rural town with a medieval church, is surrounded by a vast semiarid plain called "Monegros" which is known for its unique ecosystem. Although Villamayor is just a small town, it disposes of good infrastructure, the next airport being located not far away. The famous skiing resorts and natural parks of the Pyrenees can be reached in a two hours drive by car. The SOS Children's Village Zaragoza was built on a site measuring 8745 sq. m right in the fertile plain between the rivers Ebro and Gallego and consists of six family houses. An SOS Youth House where the adolescents of the SOS Children's Village are living during their higher educational or vocational training in order to be prepared step by step to live an independent life outside the SOS Children's Village, is also part of the facility. The children attend the local public school and there is a technical school, too. Next to the SOS Children's Village there are sports facilities and a swimming-bath.


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UK tapping Europe's data flows is like 'Hollywood nightmare' – Germany
The German Justice Minister has called the British spy agency's massive eavesdropping of international fiber-optic cables 'a catastrophe'. Sabine Leuthesser-Scharrenberger insisted European institutions should seek clarification "straight away".
The exposure by former US National Security Agency contractor
Edward Snowden of the global eavesdropping capabilities of the
British Government Communications Headquarters (GCHQ) have sent
European capitals into a stupor.
Having revealed the NSA's PRISM global surveillance program, Snowden told the UK's Guardian newspaper information about Britain's top secret Tempora surveillance project under which the UK's GCHQ spying agency intercepts and stores for 30 days huge volumes of data, like emails, social network posts, phone calls and much more, culled from international fiber-optic cables.
The most vociferous reaction has come from Berlin where politicians have demanded a thorough investigation of the activities of the British intelligence-gathering community.
"If these accusations are correct, this would be a catastrophe," German Justice Minister Sabine Leutheusser-Schnarrenberger said in an email to the Reuters. She compared the news with a "Hollywood nightmare" and called on to the European institutions "to seek straight away to clarify the situation."
"The accusations make it sound as if George Orwell's surveillance society has become reality in Great Britain," Thomas Oppermann, the leader of the opposition Social Democrats in the Bundestag told Reuters. German politicians called the situation 'unbearable' and demanded the government "act against a total surveillance of German citizens".
A report in Britain's Guardian newspaper has exposed that UK's
GCHQ has been spying on European capitals for at least 18 months
intercepting data from over 200 fiber-optic cables.
Begun in 2008, by 2010 the Tempora project made GCHQ a true intelligence superpower, "'the biggest internet access' of any member of the Five Eyes electronic eavesdropping alliance, comprising the US, UK, Canada, Australia and New Zealand," The Guardian's report claims.
By the end of 2012 the GCHQ agency reportedly had enough
computational capacity to process information from 46 fibre-optic
cables at a time, which amounted to 600 million international
phone calls and internet messages daily.
While it was reported earlier that NSA shared classified information obtained through its tapping of the world's largest internet providers with GCHQ, it became known that these were tit for tat relations and GCHQ shared the info it obtained with the NSA, too. The Guardian believes that the 850,000 NSA employees and US private contractors, like Edward Snowden, had access to GCHQ databases.
"The UK has a huge dog in this fight," Snowden confirmed
to the Guardian. "They [GCHQ] are worse than the US," he


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Sexting and Retweet Added to the Dictionary
Hey, did you hear that a bunch of new words were added to the dictionary? Some geeky words like, "noob," "woot!" "sexting," and "retweet." Oh, woe is us. The English language is doomed.
Among the 400 additions are a lot of portmanteaus that have become unfortunately emblematic of our time: Mankini, sexting, jeggings, etc.
Who do they think they are, adding ridiculous new words to the dictionary? I only speak using words that were around during Edwardian England. That's the last time English meant anything, as far as I'm concerned. Seriously, "retweet?" What's wrong with "republish a comment from the computer-based publishing platform Twitter?" Barbarians. [HuffPo, image via ultrabaker/Flickr]


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Kali J has not received any gifts yet
Welcome to Mom Blogger's Club! I hope you enjoy your time here and find it helpful! I know it can be overwhelming at first but I promise, you'll be a pro on here in no time! I write a blog called The Adventures of J-Man and MillerBug. It's a blog about my life with my two boys and I do some pretty cool giveaways (OK, I think they're cool! Do you?)
Every weekend I host the Finding New Friends Weekend Blog Hop. It's a great way to find new followers and friends as well as get to know more of your fellow mom bloggers. If you're not familiar with a blog hop, all you have to do is add your blog to the list. Participants then "hop" from blog to blog to find great new blogs! It's a ton of fun! I'd love to have you join us. It's going on now so come on over and link up! You can find it here:http://www.jmanandmillerbug.com/2011/12/finding-new-friends-weekend-blog-hop_15.html#more. Be sure to leave a messge if you join up so that I can follow you back!
Let me know if you have any questions or if I can help you with anything in your blogging journey! I look forward to being your friend!
Hi, Kali. Love, love, love your blog!! What a great idea. As your newest follower, I am looking forward to your posts!
And, if you ever feel like you need a little inspiration for why it's essential to take excellent care of yourself as a mama, please visit my blog, Intentionally Inspiring Mamas! Intentionally Inspiring Mamas is the blog site for Mindful Moms Network™, and it is designed to give you practical, relevant, and purposeful inspiration for how to take exquisite care of you mind, body, and inner-essence amidst the chaos of mothering:
If you enjoy the blog, perhaps you'd enjoy a daily dose of Mindful Mama Mantras our Facebook page-- if you "like" what you see, we'd really love to know:
Hope to see you there!
Welcome to MBC! We are glad to have you here. We look forward connecting more with you. I'm a super mama who has a family friendly blog. I also have a weekday blog hop called Exposure 99%. Is a great way for you to increase your blog readers and followers, and at same time make new bloggy friends. Hope you join us and i look forward connecting more with you here. And i assure you, there are lots of positive minded moms here. Have a great day.
Welcome to MBC. Looking forward to checking out your site! Keep in Touch!
Hi and welcome on board from The Girlz Korner in upstate New York. We're a one stop visit to light, witty and rather entertaining articles on health, beauty, fashion, parenting, relationships, awesome recipes and so much more. So if you get a chance to kick back, if only for a brief moment ... come on over ~ kick off your shoes and stay for a while. http://cynthiahelwig.blogspot.com


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The amphitheater (and the railroad trestle is seen behind it).
The Bicentennial Mall stretches 19 acres, connecting the Tennessee Capitol Building and the Germantown Historic District. The pedestrian mall opened in 1996, to commemorate the 200th anniversary of the state of Tennessee.
Fashioned after the National Mall in Washington, DC, the park celebrates the state's history, recreational attractions, and natural wonder. The Bicentennial Mall offers a number of attractions, including a 1,400-foot Wall of History etched with historic events from the state's first two centuries, 31 fountains that each represent one of the state's rivers, and a 200-foot granite state map.
The mall also preserves the only remaining view of the Capitol -- from the north side -- as a building boom in the late 1950s and early 1960s blocked the sight of the building from the east, west, and south sides of the city.
The project was awarded TE funds (under Category 1) in 1994 for construction of the Bicentennial Mall. Federal Award: $23,250,000; Local Match: $5,812,000; Total: $29,062,000
To learn more about the Bicentennial Mall visit http://www.tennessee.gov/environment/parks/Bicentennial/index.shtml
Bicentennial MallNashvilleparkTennesseeamphitheater
The National Transportation Alternatives Clearinghouse provides information on the Transportation Alternatives Program funded by FHWA. To be eligible for TA funds, a project must relate to surface transportation and be one of the 10 TA Activities. For more information about the TA program see trade.railstotrails.org. For our licensing policy see our guidelines.
Transportation Alternatives Data Exchange
@ the Rails-to-Trails Conservancy
2121 Ward Court, NW, 5th Floor
Washington, D.C. 20037-1213


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I have been following Chris for quite a long time. He always impress me with spotless mood and colour themes and an atmosphere so thick and touchable that you could cut it with a knife. In my head I dismissed it as something unachievable, that you either had the sense for it or you didn't – Chris clearly had it and I somehow luckily stumbled into it once in a while…
And then I read Chris's article. Turned out it is not all a divine given skill that he just tap into, but actually a well thought and planned process, that allows him to handle mood so well. "Sigh", I should have known. The part where he talks about value sketch is not a new thing, but his emphasise on how important it is resonating within my skull as an angelic truth.
Together with his examples this is one of the most educational painting lessons I have had for a very long time. Enjoy:
– Jesper Ejsing
Folks have been asking about my process lately, which in some ways I gather is different from many other painters. This is a pretty simple image I did for Maurice's Valises: The Muuha of Bang Bua.
I start with a really simple rough, but only do the bare minimum needed to give me a guide for painting.
The critical parts of an image like this are the value and color plans. I CANNOT STRESS THIS ENOUGH. If this work looks really solid and polished it's not because I spend a lot of time polishing – it's because I set up the basic value relationships via careful observation and adjustment.
Lately I've been setting up my images in value first, then adding color, then painting.
I do all this preliminary value work on a single layer with a big soft brush, because it needs to be very direct and spontaneous.
The second image (without the drawing) is the one I am really looking at. It already has an almost photographic quality, a certain kind of poetry of authenticity and tangibility, despite having no detail whatsoever and certainly not based in any way on a photo or real scene.
Observe how it appears more finished the smaller it gets (this is a combination of the two, with the drawing being preserved for accents in a few spots such as the eyes):
Contrast is typically fundamental for creating focus in a 2d picture, but NOT for creating the illusion of light. I cannot stress that enough either – the illusion of light comes from value relationships in perfect harmony – which is often undermined by extreme contrast.
You don't need high contrast or even a very wide value range to create the illusion of light (if that were the case it'd be impossible to do this in a picture, since pictures have a very narrow range of value compared to the real world).
If I could only say one thing about color it'd be this: color is relative. We simply cannot judge colors in isolation. The same is true of value.
Color organization systems and other devices (such as color wheels) are necessary for industrial purposes, but for painters these only provide illusory comfort, typically serving merely to mislead and undermine your ability to see – to see what is actually happening right in front of your eyes in that unique one of a kind painting you are working on – which is all that matters.
Working digitally it's a lot easier to adjust values and colors in context. When oil painting I am constantly painting little swatches of paper and holding them up to the canvas. With digital work I can lay down any color and adjust it, then use that to paint.
With such a solid foundation nothing can go wrong now! It's just a matter of continuing to subdivide the image into smaller and smaller value/color shapes.
I flip back and forth between painting detail, working out forms like the drapery, then doing bigger adjustments to realign what I've painted with the larger value and color shapes as necessary. This is unique to digital painting (for me at least) because with digital work I can't paint everything when zoomed out. I need to do some detail work zoomed in, which unfortunately means I can't see the whole image at the same time (Photoshop's navigator panel helps, but its interpolation is somewhat coarse).


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Jeremy Hudgens
CRO, Director Of Client Solutions
Genius Monkey
Jeremy Hudgens is the CRO, Director Of Client Solutions at Genius Monkey, a top provider of programmatic advertising. He is an expert in the field of programmatic ad campaigns, digital and mobile strategies and business development. With a degree from the Eller College of Business at the University of Arizona, combined with over 15 years of experience in sales and marketing, Jeremy uses the cutting edge of digital advertising technology to bring invaluable insight and perspective to agency partners and clients. Jeremy provides out-of-the-box thinking and solutions that produce results as he fosters relationships with large ad agencies, helping their clients dominate both market and industry.