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Christmas can be the making or breaking of a team. The turning point for a team who may be struggling against relegation or on the brink of pushing into the top four, where a couple of wins can build the momentum needed for clubs to push on and have a strong second half of the season. For those who don't build that momentum, the January Transfer window can provide a club with the perfect opportunity to improve their squads.
Traditionally, since the current Premier League transfer format was introduced in the 2002/3 season, Manchester United have not been the most active of clubs in the January transfer market. To mind, the only players of real impact in the past 10 years brought in by the club in January, are Nemanja Vidic, Patrice Evra and Juan Mata, with the latter, arguably having not quite reached the potential or quality he showed at Chelsea. Now it has to be said that the majority of his time has been on the right wing, where his talent tends to be restricted somewhat and his lack of outright pace being exposed. However short lived, his move into the central position just behind the main striker, proved fruitful in the Champions League game versus Wolfsburg, where he played a beautiful through ball for Anthony Martial to put us one up, and throughout he looked much more comfortable and composed. It's just a shame that our defence didn't show quite the same composure at the other end that night.
Where Mata has often failed to impress, the quality of Vidic and Evra during their times in the club cannot be argued. They enjoyed enormous success at the club, in a period which marked the end of the tenure of Sir Alex Ferguson. Both players were stalwarts in the United defence for a period of just over 8 years. However, both players struggled initially to cope with the physicality and tempo of the league. This was especially evident in the 2005/06 Manchester Derby, where Patrice Evra was given the run around by an experienced and battle hardened Trevor Sinclair. Manchester City focused the majority of their attacks down his side of the pitch, whether it is via long ball using Sinclair's height advantage, or via an overlap by City right back Sun Jihai. It resulted in his substitution at half time in a debut which truly was a baptism of fire.
The history of Manchester United signings at this time of year would suggest that any player that Manchester United sign will need time to settle in and adapt to the way in which the club plays. An immediate impact can't be expected. Fans make point and say it happens at other clubs, where a player can arrive and completely transform a club's fortunes after only a handful of games… but other clubs aren't Manchester United, where excellence and top performances are expected week in, week out. That kind of pressure is tough to deal with and it would take a truly exceptional player to have that type of impact, and exceptional players are generally not sold in January.
This considered, as well as the fact that the January transfer window tends to add a large chunk to the value a club places on its prospective transferees as they smell the desperation of other clubs failing to deceive, then maybe there is an argument to be made for Manchester United to keep the cheque book in the pocket and wait until the summer.
Then again, maybe the issue isn't necessarily the quality of player at the club, but the manager in place? But that's another day's work….
By David Ryan


text: Share: Comments Print January 13, 2014 at 6:33 PM 49ers coach Jim Harbaugh calls CenturyLink the loudest stadium in the NFL Posted by Joshua Mayers San Francisco 49ers coach Jim Harbaugh isn't expected to have a conference call with Seattle reporters this week, but he did have a press conference Monday. One of the questions was about CenturyLink Field — of course — and whether or not it was the loudest venue in the NFL. Coaches don't often use superlatives, but Harbaugh wasn't afraid to offer his opinion, as transcribed by the team website. "There are a lot of loud venues; I wouldn't want to disrespect any of the loud venues," he said. "But, I would have to say that that's the loudest, yes. To my ear, but I'm older. Everything sounds louder to me." Along the same lines, Harbaugh was asked if Carolina would serve as a primer, of sorts, heading into Sunday's NFC championship game. "Our team's been in a lot of good primers, been through a lot of situations, been through tough environments, whether it be weather or opposing stadiums," he said. "This team's been in a lot of situations. Been everywhere man. Like the Johnny Cash song, 'We've been everywhere man.' Everywhere. Been in a lot of situations." He actually sang that part of the quote (check out the video in the link above, answers starts around the 1:20 mark). NOTE — The only injury Harbaugh was asked about Monday was that of Will Tukuafu, who left Sunday's divisional round game with a left knee injury. Harbaugh said the fullback looked to have had an MRI before the press conference and that more information would be shared later in the week. Comments

subset: commoncrawl


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Wednesday, January 12, 2011
Sometimes our kids need us to just be a kid with them. My Dad is a big kid. Growing up, he was the Dad that dressed up with us for Halloween, let me paint his toenails, and took my friends to ride the merry-go-round and bought us ice cream when we were supposed to be touring the Smithsonian. I think I get my tendency to be silly and playful from him, but I have to admit, I think it's harder for me at times to put away the paperwork, not answer the phone, and stop picking up than it was for him. When I can talk myself into "letting it go" I find I enjoy my daughters so much more and can let me creative side come through. This morning we woke up to a few inches of snow and school was canceled. SNOW DAY! Right? Wrong. Leila Grace (our youngest) spent all night vomiting and we spent all night, well, cleaning up sheets, towels, and Leila Grace! She was tired and clingy this morning. Her sister was ready to go, but being potentially exposed could not have anyone over or go anywhere to play. I ended up with two disappointed kids feeling jailed from the freedom of playing outside and sledding down our hill! Before my sweet husband left for work, he brought Leila Grace a bucket of snow to play with in the bathtub and it made her morning a little more tolerable. It made me smile. Sometimes life is not always about the ability to catch that perfect snowflake on your tongue (although I do love to do that!). At times you have to bring the snow to you! How are you spending your snowy day? Pull out that favorite board game, look at old pictures, turn up the music and dance, or make the silliest snowman you can (even if it's in your tub!) Here are a few pictures of my Dad and my husband just being kids with my kids last year during the blizzard. Hoping that you enjoy some childlike memories of your own today!
1 comments:
- Fay said...
"Bring the snow to you!" What a great metaphor and reminder of the importance of taking time to have fun with our children--and grandchildren! Lucky are the children whose lives and hearts you touch!
- January 12, 2011 at 5:15 PM
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Melo's highschool was supposed to participate in the Hoophall Classic in Springfield Mass this week. But the team dropped out when an outside consultant" demanded a $10,000 appearance fee for LaMelo.
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On October, 12 the "Bogdan" plant in Lutsk has solemnly presented the new comfortable "Bogdan A22412" buses to be used by students of the Volyn region schools in the frameworks of the "School Bus" social program. According to the press-service of "Bogdan", the new buses will be sent to Rivne, Luky, Kolky, Boratyn and Pavlivka united territorial communities as well as to Manevytskyi district of Volyn region.
"Bogdan A22412" is a modern Ukrainian bus which complies with Euro-5 emission standard and is equipped in accordance to kids' transportation regulations, in particular, each seat is equipped with a belt. This model as well as any other "Bogdan" vehicle is assembled using components by the best world manufacturers" – Serhii Krasulia, press-secretary for the corporation noted.
Over the past 9 months "Bogdan" has delivered 19 vehicles under the state "School Bus" program. By the end of the year the corporation is going to deliver another 21 buses, executing the tender contracts.
"Bogdan" corporation has supplied the buses to Volyn region schools in the frameworks of a UAH 16 million tender. Meanwhile, last year the Car assembly plant in Lutsk has paid more than UAH 80 million of taxes. The money is spent to develop infrastructure of the region and the whole state in general, to pay pensions, scholarships etc." – "Bogdan" press-secretary notes.
According to Serhii Krasulia, production capacity of the SE "Car assembly plant #1" in Lutsk allows producing more vehicles, namely up to 6 thousand different vehicles yearly. He says, the current production volumes are extremely low while the quality of Ukrainian-produced vehicles matches their world analogues.
He stresses that a state program to protect Ukrainian car-building and a state support for manufacturers are necessary for the development of domestic automotive industry. The state should give preference to Ukrainian-produced transport instead of procuring foreign buses and trolleybuses, thus supporting other states' industry and economy.
It should be reminded, while Ukrainian economy suffers from crisis, "Bogdan Motors" managed to keep its stable position on the car production market, provide 1 000 workplaces and regularly pay local and state taxes. Thus, in 2017 JSC "AC Bogdan Motors" has paid UAH 120,71 million of taxes.


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How to Stop Hives From Itching Fast? – How to Stop Hives? | How to Get Rid of Hives Fast?
Hives are itchy, red, and raised and often appear on any part of the body. Itching happens from the release of histamines by your body's immunity system, can significantly affect your attitude life.
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The itching can make you crazy, but hives may cause them to spread and become even more inflamed. Cold compresses may help alleviate the itch without aggravating the hives.
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Antihistamines don't cure the hives you have, but they can help suppress new ones from occurring in the next couple of hours. Ask your family doctor about what type of antihistamine is most likely to help relieve your itching.
Learning how to stop hives from itching fast is not hard if you don't give up and continuously try out different natural remedies available for you.
So, when you're suffering from this annoying problem and want to understand how to stop hives from itching fast, you must be willing to find out how to stop hives from itching fast.
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Pressures, stresses, burnout, self-esteem, depression, anxiety, the correlation between "out-sourcing" and the increasing feelings of job insecurity, the development of a "workaholic" culture, headaches, dizziness, muscle pain, digestive problems, cardiovascular disease and musculoskeletal disorders, what they all have in common? Some of them are the cause, others the effect, some are related to Mental Health and other to Physical Health but at the end, all of them have a negative impact on the level of job satisfaction.
" A meta-analysis of almost 500 studies of job satisfaction, incorporating over 250 000 employees in a large variety of different organisations based throughout the world ", suggested that the Mental Health and Physical Health of the employees has a significant impact on the job satisfaction level and the job satisfaction level is a good Key Success Indicator to maintain the wellbeing within the workplace.
"Correlations in excess of 0.3 are rare in this context. (…) The overall correlation combined across all health measures was r = 0.312 (0.370 after Schmidt-Hunter adjustment). Job satisfaction was most strongly associated with mental/psychological problems; strongest relationships were found for burnout (corrected r = 0.478), self-esteem(r = 0.429), depression (r = 0.428), and anxiety(r = 0.420). The correlation with subjective physical illness was more modest (r = 0.287)."
Organisations should include the development of wellness strategies to effectively identify, reduce, control or even eradicate work practices that cause most of the job dissatisfaction.
It's important that employees diagnosed with psychological or physical problems critically evaluate their work practices and even more important is to help them to explore ways of gaining greater satisfaction from this important aspect of their life. Employers and Human Resources Managers and occupational health clinicians in those cases should considered counselling.
"Many people spend a considerable proportion of their waking hours at work. If their work is failing to provide adequate personal satisfaction—or even causing actual dissatisfaction—they are likely to be feeling unhappy or unfulfilled for long periods of each working day. It seems reasonable to hypothesise that such individuals are at increased risk of experiencing a lowering of general mood and feelings of self-worth while at work, culminating in mild levels of depression and/or anxiety. If continued unresolved for any length of time, such emotions could eventually lead to emotional exhaustion, particularly if the individual is unable to prevent their feelings from spilling over into their home/social life."
Job satisfaction is generally measured by the Job Descriptive Index. How? Asking employees to rate individual facets of their work and then aggregating these into a single (global) score. The Job Descriptive Index "measures five facets of job satisfaction, specifically satisfaction with the work itself, pay, promotion, supervision, and co-workers." Working hours, job security, supervisor support, and changes in job control levels have also been related to employee job satisfaction levels.
Keep in mind: The relationships between mental health / physical health and job satisfaction are impressive. Dissatisfaction at work can be hazardous to the wellbeing of an employee.
Reducing levels of burnout / emotional exhaustion, for example, will lead to a better organization health and consequently to happier and more motivated employees that will "bring their best selves to work" resulting in increased productivity.
Faragher EB, Cass M, Cooper CL, The relationship between job satisfaction and health: a meta-analysis Occupational and Environmental Medicine 2005;62:105-112.


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Lauren Jauregui Breaks Free
It takes superhuman talent and even more determination. There is the required appearance of unwavering confidence mixed with the perfect doses of poise and endurance. The pressure is grueling, but remains masked by a coat of thick, dewy makeup and an endless turnstile of unforgiving costumes in front of an equally unforgiving crowd. It is pop superstardom.
As one of the X-Factor-formed group, the now 21-year-old has been expected to live up to a particular, calculated image: "When you're really disconnected from who you are and you're ashamed of it, you can write and tell a story, but you can never really tell your story." After a contemplative pause, she goes on. "That's what separates a lot of artists from others—the connection." She attributes such lacking connection to the label contracts that control so many artists and force them to remember they are a commodity that must appeal to the masses. "That's why you see so many people dying inside. Imagine the shame and insecurity."
Today, however, Jauregui chooses to let authenticity reign. Perhaps as a means of mental survival, the Los Angeles-based entertainer is frank about what other artists remain silent on. Our first glimpse of an empowered Jauregui came was in 2016, when she proclaimed her bisexuality in an open letter that also slammed Donald Trump, fearlessly calling those who voted for the "power-hungry business tycoon" hypocritical "racist, homophobic, sexist, xenophobic, assholes."
Jauregui gave herself time to test life as a solo artist before the group officially announced the split. Last May, she collaborated with fellow openly bisexual artist Halsey, who she'll tour with this June in Latin America, on the song "Strangers." What began with lyrics that described yearning for a man were modified with female pronouns to showcase the depth, emotion, genuine love and pain in specifically queer relationships. "I love the concept of there being this visibility because most of the songs you hear about bisexual women or female attraction sexualizes the female connection," Jauregui says. The song was lauded for embracing an often marginalized community.
I believe that art is the core of what starts revolutions.
Her 2016 open letter to Trump's loyalists was only the beginning of a pledge to inspire her followers to harness their individual might. When Trump introduced his so-called "Muslim ban" and campaigned on the promise of building a border wall to seal off Mexico, she knew she needed to "get loud now." Falling in line with her millennial peers, she turned her Twitter account into a continued open letter to Trump; among her countless calls to action, she's declared support for a renewed Deferred Action for Childhood Arrivals (DACA) act, stood alongside Marjory Stoneman Douglas High School students to effect gun law reform and vocalized anger over Trump's decision to pardon Arizona's Sheriff Joe Arpaio, writing, "It's incredible to me that you'll pardon a man who is known for running his prison as a Latino concentration camp and call him a patriot, but then deport kids with a dream to be successful citizens with safe lives."
When asked about what she looks forward to most in her career, Jauregui points to her aim to change perspectives on social issues and encouraging her fans to do their own work. "It's so crazy how little people know about what they can do, about their rights, what they're putting into their bodies and everything that's going on globally," she says. "I believe that art is the core of what starts revolutions." And her own metamorphosis? It's just beginning.
Hair: Clyde Haygood for Forward Artists
Stylist: Jessica Paster for Crosby Carter Management


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Mental Health Awareness Week: 5 Ways Mental Health and Alcohol Consumption are Linked
It's Mental Health Awareness week and here at FitBeer, we've got our magnifying glasses out to explore these two facts:
Mental illness in young people has increased
Alcohol consumption amongst young people has decreased*
Are these facts related? Is it merely a coincidence? I think not!
So, here are 5 reasons that we think can be used as evidence to support the view that the rise in mental health and decline in alcohol consumption are likely to be linked.
1) Peace of Mind
More and more millennials and young people are showing interest in mindfulness. With yoga and meditation increasingly becoming more popular, the want to disrupt the inner peace has lessened.
2) Hangovers.
Put simply, being intoxicated is just that; toxic.
For those with mental illness, hangovers are more than just a headache and unsettled stomach, for some it develops in to a comedown that has no end, and has a detrimental impact on day to day life. With a hangover it can be hard to survive yet alone thrive.
3) Quality Control
Young people are turning to more creative ways of having fun.
Events like silent discos, giant adult ball pits and trampoline parks are becoming increasingly more popular options as a night out and entertainment quality is clearly something that matters. In a video made by popular YouTuber Dodie Clark, she says: "if we feel like we have to have alcohol in our veins to have a good time, then it probably isn't a very good night".
4) Productivity Prevention
Drinking can play a big part in procrastinating, especially when your body is trying to re configure and recover from the night before.
Byron, from our very own FitBeer team, says this: "They [young people] care very much about their ambitions and goals and it seems as though cutting alcohol intake has made them more productive and driven."
5) We Don't Need No Alcohol!
For many of us, alcohol is a catalyst that helps to relax in a social context, but for some it has the opposite effect. Holly,18, who suffers from disassociation/depersonalisation says "drinking alcohol makes my condition worsen as it makes me feel more detached from myself and the world. That brings on anxiety and panic attacks". Another teen Sarah, 19 says "If I'm feeling anxious, I find that I become extremely nervous and chatty, so there is no need to drink to break the ice."
*(based on statistics published by the Mental Health Network in 2016)


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By Alan Brownstein
[Cross-posted from The Hill]
President Trump is nominating federal judges, and Supreme Court Justices such as Judge Brett Kavanaugh, who claim to be committed to "originalism." This approach to constitutional law requires that the Constitution be interpreted to mean today what the text was intended or understood to mean at the time it was written. But originalism conflicts sharply with American reality and American ideals.
Years ago, Frank Sinatra sang a song about what America meant to him. The last line was "But especially the people, that's America to me." If that's what America is, then originalism is unamerican. Because there is no place for the over 300 million Americans today in originalist interpretations of constitutional law. We just don't count.
Who does count? Only the people who were here in the 1780's and 90's or when specific constitutional amendments were adopted. The vast new diversity of the American people today has nothing to offer to our political foundations.
Both originalists and non-originalists look to American history to interpret the Constitution. But to originalists, most of that history stops 230 years ago. The American constitutional story largely begins and ends on the first page. To non-originalists, American constitutional law, like America itself, is a story that never ends.
The key issue separating originalists and non-originalists is what to do with all of the rest of American history after the Constitution was ratified. When courts interpret the Constitution, just how much weight should be assigned to the collective experience of the American people over the last 230 years. The originalist answer is none or as little as possible. What matters most is what judges decide constitutional language meant over two centuries ago.
Put bluntly, this originalist commitment to a constitution frozen in time and divorced from the changes America has undergone over the centuries repudiates the core values of the American experience.
Think about what is distinctive and special about America. European governments were chained to centuries of history and tradition. That was the old world. America is the new world. We are the pragmatists, the experimenters. We try things out and continue what works and discard what doesn't. We do that with everything including law. But that's not the America of originalists. From their perspective, constitutional law is fixed and immutable. It cannot evolve. Judges cannot learn from American experience.
Non-originalists believe that the American people have worked with constitutional law for over two centuries. We learned a lot. We struggled to create constitutional doctrine that reflects who we actually are as a people, not some ideologically manipulated picture of who a few judges think we once were.
Unlike originalists, non-originalists recognize that the Constitution must take account of the changed understanding in our society of the status and rights of women. Accordingly, privacy and autonomy rights including the right to access to medical contraceptives must be protected and gender discriminatory laws must be subjected to rigorous scrutiny.
Unlike originalists, non-originalists understand how much our society has learned over time about the LGBT community. Because they are no longer in hiding in response to persecution, we can now see our gay and lesbian family members, friends, neighbors, co-congregants, and colleagues as people with the same needs and rights as the rest of us. At the constitutional level, this means that laws criminalizing sodomy or prohibiting same-sex couples from marrying must be struck down.
Unlike originalists, non-originalists have learned that democracy needs constitutional protection against political threats the framers may have under-estimated or ignored. Courts cannot close their eyes to elections being manipulated through burdens on voting and gerrymandered districts. The Constitution must be interpreted to protect voting as a fundamental right and to insist, at a minimum, that election districts must be of equal size and reflect the principle of one person, one vote.
Put simply, non-originalists believe that constitutional case law is a process grounded in the on-going experience of the American people. Older decisions can be challenged because of their real world consequences. Non-originalist judges may make mistakes. When that happens, eventually the wrongfully decided cases are overruled. Constitutional law does not become permanent unless it works, unless it resonates with the beliefs of the American people overtime.
Originalists believe that history has an iron grip on constitutional meaning. The great constitutional questions of the day turn on lawyers debating what people understood centuries ago, not on the needs of Americans today and the values we have forged over centuries of struggle.
Alan Brownstein is a professor of law emeritus at the University of California, Davis School of Law. He has written numerous articles for academic journals and opinion pieces for other media on a range of constitutional law subjects. He is a member of the American Law Institute and serves on the Legal Committee of the Northern California American Civil Liberties Union. He received his B.A. degree from Antioch College and earned his J.D. (magna cum laude) from Harvard Law School, where he served as a Case Editor of the Harvard Law Review.
By Richard Frank
On Saturday, January 20th, I had the opportunity to accompany a number of King Hall water law students to the 14th Annual Water Law Symposium, held this year at UC Berkeley. The symposium is an extraordinary collaboration among six different Northern California law schools--including King Hall. Remarkably, this annual event is wholly student-organized and -produced, and recently won an American Bar Association award as the best law student-organized event in the nation. It's also become California's premier water law conference.
The theme of this year's symposium was "The Future of California's Water Infrastructure"--a most timely topic given the 2017 failure of the Oroville Dam and other water-related infrastructure challenges. King Hall's contribution to the symposium took the form of organizing and presenting a panel on "The Challenges of an Evolving Climate: A Case Study of the Impacts of Wildfire on California's Water Infrastructure."
Special kudos to King Hall water law student Ellen Simmons '19, one of the organizers of the UC Davis panel at the Symposium. When one of the panelists was forced to cancel at the last minute due to a personal emergency, Ellen stepped up, assumed the panel moderator's role and performed flawlessly in that capacity. Similarly, King Hall faculty colleague Camille Pannu, Director of the Water Justice Clinic, graciously did double duty at the symposium: in addition to speaking on the King Hall-organized panel with Ellen, Professor Pannu pinch-hit for a UCLA Law School colleague who was unable to travel to UC Berkeley due to the Montecito mudslides and subsequent closure of Highway 101.
From left to right: Professor Afra Afsharipour, Professor Angela Harris, and Professor Ashutosh Bhagwat.
UC Davis School of Law and Jindal Global Law School hosted a joint conference on "Law, Institutions, and Justice: Understanding the Roles and Responsibilities of 'Public' and 'Private' Institutions in Policymaking and Governance" at Jindal Global Law School on December 2 in Sonipat, India.
This was the first in a series of interdisciplinary conferences bringing together scholars from the U.S. and India to engage in explorations of issues related to democratic institutions and the quest to ensure social, economic, and political justice. The second decade of the 21st century has brought challenges to the three pillars of liberalism - institutions, integrity, and rights. The conference created a scholarly conversation about these challenges and how best to respond to them.
UC Davis School of Law presenters included Professors Afra Afsharipour, Angela Harris, Ashutosh Bhagwat, and Peter Lee. Jindal Global Law School Professors Avirup Bose and Suvrajyoti Gupta also made presentations, as did a number of other distinguished Jindal Global University scholars.
The conference was part of a partnership between Jindal Global Law School and UC Davis that was formed almost five years ago. In addition to faculty and student exchanges, the law schools have plans for additional academic forums on timely legal issues featuring cross-disciplinary perspectives.
"We are honored to work with our distinguished Jindal Global University colleagues to explore timely issues, and we are especially excited about the deepening relationship between UC Davis School of Law and Jindal Global Law School as we expand our portfolio of partnership activities," said Beth Greenwood, Associate Dean for International Programs at UC Davis School of Law. "This visit, led by Professor Afsharipour, presented an opportunity to plan future joint interdisciplinary conferences and other innovative initiatives. We would especially like to thank our Jindal Global Law School colleagues and Vice Chancellor Dr. Raj Kumar and Dean Kevin Johnson for making this joint conference possible."
For further information, please contact Concha Romero at firstname.lastname@example.com or at 530-752-9043.
From left to right: Professor Ashutosh Bhagwat, Professor Afra Afsharipour, and Professor Angela Harris.
From left to right: Professor Peter Lee, Jindal Global Law School Vice Chancellor Dr. Raj Kumar, Professor Angela Harris, Professor Afra Afsharipour, and Professor Ashutosh Bhagwat.
[Cross-posted from Immigration Prof Blog.]
We are happy to announce the publication of our new casebook: Immigration Law and Social Justice, published by Wolters Kluwer, Aspen Publishers.
We are presenting this casebook on immigration law and policy from a social justice perspective. We believe that most law students interested in taking a course on immigration law have a social justice/public interest motivation. We think you are interested in representing immigrants facing deportation or who may fear deportation to their home country for social, economic, or political reasons. You also likely have a strong interest in the public policy debate over immigration visa reform, enforcement, or legalization because of the injustices you sense in current policies. Many instructors who teach immigration law (regular faculty members and adjunct professors) also come from a pro-immigrant perspective that regards the practice of immigration law squarely within social justice/public interest practice. We hope this casebook provides materials and a format that will enhance the classroom experience for students and instructors who approach the topic from that perspective.
The content and organization (outlined in the table of contents) is broad and contains new topics such as detention, public interest/rebellious lawyering theories, lessons for public interest lawyers, and background on migration, globalization, criminalization, and racialization of immigration law. Our goal is to inspire our public interest students, while providing a solid way to analyze immigration law through a political and social lens and the foundation to practice effectively. Our pedagogy combines standard cases, but also stories of the lives of immigrants, transcripts, training manuals, academic articles, news articles, and other tools that social justice lawyers use. Our rationale in editing cases is to hone in on the parts of the cases that are necessary for an understanding of the court's rationale and some aspects of important dissenting opinions.
We know that most of you come to the course already inspired to do good, socially-inspired work. Much of what has evolved within the world of U.S. immigration law and policy will disappoint and leave you upset. But hopefully, we have asked the right questions and pointed in particular directions that can help us takes some steps forward in achieving justice for immigrants, refugees, and their families.
You can download a detailed outline of the book's contents and the introductory chapter here.
The book can be ordered here.
Thank you.
Bill Ong Hing, Professor of Law and Migration Studies, University of San FranciscoJennifer M. Chacón, Professor of Law, University of California, IrvineKevin R. Johnson, Dean and Mabie-Apallas Professor of Public Interest Law and Chicana/o Studies, University of California, Davis
Raquel Aldana, Associate Vice Chancellor for Academic Diversity and Professor of Law, UC Davis
[Cross-posted from the UC Davis Equity and Inclusion Blog.]
Days before Thanksgiving, on November 17, the California State Bar announced the July 2017 bar exam results. At a pass rate of 49%, the outcome was only slightly better than a year earlier when results were an abysmal 43%. Since California is the largest state in terms of licensing lawyers, next to New York, the effects of California's bar exam are quite substantial. In simple numbers, while 4236 law graduates passed the July 2017 California bar exam, a greater number of 4309 did not. These results are indefensible and the cost on the individual test takers and the legal profession as a whole unjustified.
When would-be lawyers fail the California bar exam, their lives are upended. Many lose their jobs or face delays of months or years to start their professional lives as lawyers. This result might make sense if the California bar exam actually did a good job of excluding incompetent lawyers from the profession. Unfortunately, especially in California, the bar exam largely fails in this important task. Every year when I learn the identity of many former students who do not pass the California bar exam I grow in my resolve to question the exam's validity to measure minimal competency to practice law. Among the students who fail are always more than a handful of incredibly talented young professionals who would make great lawyers and are already exceptional advocates. I have hired some as my research assistants with excellent results. Others have earned high grades for exceptional research and writing in legal memoranda or papers for seminars or for the highly competent representation of clients as part of service learning or legal clinics. It is also false that many of these young people did not study enough for the test or are somehow deficient in their skills as lawyers.
Critiques of the bar exam's failings abound and are not new. For years, legal educators have lamented the test's deep flaws for how it tests and for what it fails to measure. For example, with the exception of the performance test,[1] the California bar exam relies on test takers memorizing thousands of distorted rules and having to produce answers as a series of multiple choices or in rushed essays. This should never be the way lawyers practice law. Most law today is codified and legal analysis requires nuanced textual interpretation, in addition to careful case law research to analyze and apply precedent. The best legal writing requires careful editing and time. The test also fails to assess most of the important skills that are essential to effective lawyering such as fact-finding, problem-solving, listening, and the ability to collaborate with other legal professionals.[2] The bar exam further fails to keep pace with a rapidly changing profession with emerging technologies and diverse client needs. And yet, the bar exam often dictates too much how law schools teach law to their students. Unfortunately, especially today when law schools face significant decreases in enrollment and scrutiny for the success of their students on the bar exam,[3] many sacrifice not only innovation in the curriculum but methods to teach sound or critical legal analysis in favor of rote memorization to emphasize helping their students pass the bar exam. This state of affairs of legal education is not new. As early as 1992, the McCrate Report,[4] published by the ABA Section of Legal Education and Admissions to the Bar, lamented the undue influence that the bar exam has on the structure of curriculum and teaching methods on U.S. legal education.
In California, the pernicious harms on individuals and legal education are worse given the exam's notoriously high cut score. On October 18, 2017, the Court refused to lower the California Bar examination's cut score of 1440, opting to remain the second-toughest graded bar in the country after Delaware.[5] This decision was both puzzling and disappointing. Just three months earlier, the California Supreme Court stripped the Committee of Bar Examiners of its authority to decide the minimum score needed to pass the state's examination. Many perceived this decision as suggesting that the Court was finally ready to set a more reasonable grading standard. Indeed, for the July 2016 exam, had the California bar exam been graded like the New York State bar (which has a score of 1390), 1789 more lawyers would have been licensed lawyers in California.[6] Instead, the California Supreme Court sent a message to law schools to consider whether curricula and teaching techniques might account for the recent decline in the bar exam.[7] This conclusion is both out of touch with what has actually been occurring in the law school classroom for years and it perpetuates unfairness by relying on a cut score that is higher than that adopted by forty-eight states in the nation without justification.
Quite unfortunately, the California Supreme Court's October 18 decision will also unnecessarily retard diversifying the legal profession in one of the most diverse states in the nation. Law is the least diverse profession in the nation[8] and this trend is not changing.[9] Eighty-eight percent of lawyers are white.[10] Latinos/as, who are 18% of the population nationwide and 39% in California, comprise only about 4% of all U.S. lawyers.[11] They are also only 1.8% of all law firm partners and occupy only 4.5% of all federal and state judicial positions.[12] Black lawyers are not faring much better. Only 4.8% of lawyers in the U.S. are black[13] while only 1.8% of partners in law firms.[14] For their part, Asian Americans comprise the fastest growing minority group in the bar but are not found in the top ranks of the profession. Today, there are more than 50,000 Asian U.S. lawyers and another 7,000 are studying law. Yet, for example, while they make up 6% of the U.S. population, Asians make up only 3% of federal judges and 2% of state judges, while only 3 out of 94 U.S. attorneys are Asian.[15]
There are multiple reasons that explain the lack of diversity in the legal profession but the bar exam, particularly the high cut score in California, plays a role. Nationwide, the median cut score for the bar exam is 1350 and each cut score above this median threshold has a dramatic effect on the diversity of the profession. The California State Bar's Final Report to the Court showed that reducing the cut score on the July 2016 bar exam from 1440 to 1350 would have increased the number of African American applicants passing the exam from 104 to 222 (or by 113%), Latino/a applicants from 379 to 664 (or by 75%) and Asian applicants from 676 to 1066 (or by 58%). In contrast, the same change in cut score would have increased the number of White applicants passing the bar from 2,019 to 2,874 (or by 42%).[16]
There are alternatives to the bar examination that we ought to consider seriously. New Hampshire, for example, has such an alternative licensing model. Its University of New Hampshire School of Law allows second- and third-year students to participate in a kind of apprenticeship where they learn basics like taking depositions. Those accepted to the Daniel Webster Scholar Honors Program create portfolios of their written work and record their oral performances, which are reviewed by state bar examiners after each semester. Those who pass the review can skip the bar exam and go directly into practice. Other individual states, including New York, are also weighing alternatives. At a minimum, the California Supreme Court should reconsider its decision to retain the 1440 cut score. This would not address the examination's flaws and it may not affect its influence on legal education. It will, however, at a minimum, increase the diversity of the profession. California has not been served well by an unusually high bar exam cut score. The time is ripe to do the right thing.
[1] Performance test questions are designed to test an applicant's ability to understand and apply a select number of legal authorities in the context of a factual problem.
[2] Marjorie M. Shultz and Sheldon Zedek, 26 Lawyering Effectiveness Factors, https://alumni.ggu.edu/Document.Doc?id=92 .
[3] Law School Admission Collapse Continues, Financial Times, Nov. 20, 2016 https://www.ft.com/content/4ddb437e-9ace-11e6-8f9b-70e3cabccfae/
[4] Legal Education and Professional Development-An Educational Continuum, Report of the Task Force on Law Schools and the Profession: Narrowing the Gap (July 2992), https://www.americanbar.org/content/dam/aba/publications/misc/legal_education/2013_legal_education_and_professional_development_maccrate_report).authcheckdam.pdf .
[5] In re California Bar Exam (2017), https://newsroom.courts.ca.gov/news/supreme-court-issues-letter-relating-to-in-re-california-bar-exam .
[6] David L. Faigman, The California Bar Exam Flunks too Many Law School Graduates, L.A. Times, March 21, 2017, http://www.latimes.com/opinion/op-ed/la-oe-faigman-california-bar-exam-cut-score-20170321-story.html .
[7] Staci Saretzky, California Supreme Court Issues Decision on Bar Exam Cut Score, Oct. 18, 2017, https://abovethelaw.com/2017/10/california-supreme-court-issues-decision-on-bar-exam-cut-score/ ,
[8] Deborah L. Rdohe, Law is the Least Diverse Profession in the Nation. And Lawyers aren't Doing Enough to Change That, The Washington Post, May 27, 2015, https://www.washingtonpost.com/posteverything/wp/2015/05/27/law-is-the-least-diverse-profession-in-the-nation-and-lawyers-arent-doing-enough-to-change-that/?utm_term=.fca85228cef9 .
[9] Renwei Chung, Diversity in the Legal Profession has Flatlined Since the Great Recession: Who is to Blame? Jan. 6, 2017, https://abovethelaw.com/2017/01/diversity-in-the-legal-profession-has-flatlined-since-the-great-recession-who-is-to-blame/
[10] Rhode, supra note 8.
[11] Raul A. Reyes, Where are all the Latino Lawyers?: Hispanics Scarce in the Legal Profession, Oct. 13, 2017, NBC News, https://www.nbcnews.com/news/latino/where-are-all-latino-lawyers-hispanics-scarce-legal-profession-n809141 .
[12] Id.
[13] Yolanda Young, Why the US Needs Black Lawyers Even More than it Needs Black Police, The Guardian, May 11, 2015, https://www.theguardian.com/world/2015/may/11/why-the-us-needs-black-lawyers .
[14] Chung, supra note 9.
[15] Goodwin Liu, There are more Asian American Lawyers than Ever - but not in the Top Ranks, L.A. Times, July 23, 2017, http://www.latimes.com/opinion/op-ed/la-oe-liu-asian-american-lawyers-20170723-story.html .
[16] Joe Patrice, Law Schools Rip Bar Exam Score Recommendations, October 13, 2017, https://abovethelaw.com/2017/10/law-schools-rip-bar-exam-cut-score-recommendations/ .
By Darien Shanske
[Cross-posted from Medium.com.]
There is a strong legal argument that insurers are owed cost-sharing reduction (CSR) payments, notwithstanding the refusal of the current Congress and the President to make the payments. Alas, assuming this is correct, these payments will come too late for current customers and insurers, thereby inflicting real damage to individuals and perhaps permanent damage to the ability of the health insurance system to provide affordable coverage on the individual market. The states can step in and make these payments and, given the scale of the payments relative to state budgets, it would seem that many states should be able to do so. But matters are not so simple. States typically operate under balanced budget rules and cannot simply borrow to pay for some worthy program. There will need to be a budgeting process and the balanced budget rule will force tradeoffs to be made (or taxes to be raised) if a state is to make CSR payments in the present in order to prevent current damage.
But there is another option. The CSR payments are very likely to happen eventually and thus they have a lot of value right now. If adequately compensated for the legal risk through interest payments, investors would likely advance most of the eventual value of the CSR payments today. Indeed, one might imagine that the opportunity to thwart the Trump Administration would lead to such an extraordinary response from investors that borrowing could be end up very affordable indeed.
In this way, the states can protect their citizens while not putting up state tax dollars. Aside from the economic and moral imperatives to protect their citizens that should motivate the states to act, it is also important to note that the states also possess the administrative capacity to collect the relevant insurers, estimate their CSR claims and put together a sensible financing structure. The states can even offer some kind of backup to these bonds to drive down their costs further.
Professor Brian Soucek filed an amicus brief with the U.S. Supreme Court, arguing that it should agree to hear Evans v. Georgia Regional Hospital, a case that asks whether federal employment discrimination law protects against discrimination based on sexual orientation.
Professor Soucek wrote the brief with Professor Jessica Clarke of the University of Minnesota Law School and lawyers at Hogan Lovells on behalf of 17 anti-discrimination law scholars. They argue that sexual orientation discrimination is based on, and reinforces, the outmoded gender roles that Title VII of the Civil Rights Act of 1964 was intended to disrupt. The argument is based in part on Soucek's article "Perceived Homosexuals: Looking Gay Enough for Title VII," and his recent essay for the Yale Law Journal Forum: "Hively's Self-Induced Blindness," which in turn drew on three decades of work by the scholars who signed on to the brief.
Other scholars joining the brief are Professor I. Bennett Capers of Brooklyn Law School, Professor Michael C. Dorf of Cornell Law School, Professor William N. Eskridge, Jr. of Yale Law School, Professor Cary C. Franklin of the University of Texas School of Law, Judge Nancy Gertner (Ret.), a lecturer at Harvard Law School, Professor Andrew M. Koppelman of Northwestern University School of Law, Professor Zachary A. Kramer of Arizona State University College of Law, Professor Sylvia A. Law of New York University School of Law, Professor Catharine A. MacKinnon of the University of Michigan Law School and Harvard Law School, Professor Samuel A. Marcosson of the University of Louisville School of Law, Professor Ann C. McGinley of the University of Nevada, Las Vegas School of Law, Professor Douglas G. NeJaime of Yale Law School, Professor Betsy Rosenblatt of Whittier Law School, Professor Vicki Schultz of Yale Law School, and Professor Deborah Widiss of the Indiana University School of Law.
Professor Soucek holds a J.D. from Yale Law School and a Ph.D. from Columbia University. He has clerked for U.S. District Court Judge Mark. R. Kravitz in Connecticut, and Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit. His primary teaching and research interests are antidiscrimination law, civil procedure, constitutional law, and refugee/asylum law.
By Chris Elmendorf and Eric McGhee
[Cross-posted from Election Law Blog.]
During oral argument in Gill v. Whitford, the partisan gerrymandering case, Justice Gorsuch complained that the plaintiffs' proposed test for unconstitutional gerrymanders was too much like a steak rub: "I like some turmeric, I like a few other little ingredients, but I'm not going to tell you how much of each." The implication is that adjudicating partisan gerrymandering cases would be like judging a Top Chef contest, with jurists relying on their personal preferences to deem the map at issue yummy or unpalatable.
One of us is the creator of the "efficiency gap," a measure of partisan gerrymandering that has played an important role in this case. Together we filed an amicus brief that outlined the properties and uses of both the efficiency gap and a variety of other partisan gerrymandering metrics. As such, we have an interest in making sure that the social science of this case is understood and used properly. Although Gorsuch might make an excellent steak rub, we don't think his metaphor caries well to the evidence or proposed standards in this case.
The metaphor is apt for totality-of-circumstances balancing tests, such as the constitutional test for procedural due process, and, arguably, the test for racial vote dilution under the Voting Rights Act. But the tests on offer for partisan gerrymandering claims-including the plaintiffs' test, and the test suggested in an influential amicus brief by biostatistician Eric Lander-do not invite or require balancing.
There is, first, an objective, well-defined question to be answered: Is the legislative map substantially asymmetric with respect to the conversion of votes into seats-meaning that each party is likely to receive quite different seat shares for a given share of the vote? To ask whether a map is asymmetric in a partisan gerrymandering case is akin to asking, in a toxic torts case, whether a chemical released in an industrial accident causes cancer. A judge in the torts case might consider epidemiological evidence, lab experiments on mice, and biomechanical studies of cell division. But the question to be answered is not whether these three types of evidence, considered together, show the plaintiffs to be morally deserving of compensation (a steak-rub question). Rather, the question is objective: does the chemical cause cancer?
Similarly, the three measures of partisan symmetry introduced by the plaintiffs in Gill-the Efficiency Gap, Gelman-King bias, and the mean-median difference-each serve to answer the objective question of whether a map of legislative districts yields an asymmetric votes-to-seats curve. The measures are extremely highly correlated in competitive states like Wisconsin. They diverge somewhat in politically lopsided states, but the reason for the divergence is well understood and points to a clear choice among the metrics.
If a legislative map were shown to have substantial asymmetry, then under the plaintiffs' proposed test, the court would ask whether that degree of asymmetry can be explained by neutral factors, such as the geographic distribution of each party's supporters. No balancing is involved: the court would not weigh the size of the asymmetry against the likelihood that it arose by chance, or against the weightiness of the state's official (legitimate) redistricting criteria. Indeed, to minimize judicial discretion at this stage, judges could use redistricting simulations to determine whether the map at issue is an outlier relative to the range of algorithmically generated maps.
Courts applying this approach would eventually have to settle on quantitative thresholds for "substantial" asymmetry, and for "outlier" status relative to simulated maps, but this is no different than what the courts did in malapportionment cases after Reynolds v. Sims. Also, while the plaintiffs in Gill formulated the substantial-asymmetry question as a two-part inquiry into magnitude and durability, these steps could easily be collapsed into one if courts focused on the expected rather than the observed level of asymmetry, where expected asymmetry is an average taken over the range of historically plausible partisan swings.
Ironically, the only serious subjectivity in the plaintiffs' proposed test lies in the intent prong-whether the map was adopted to benefit the favored political party. This inquiry may turn on a judge's priors in cases where the legislators worked hard to conceal their motives. The irony is that no one disputes that the intent prong is manageable. Intent tests are ubiquitous in constitutional law. But to the extent that the Supreme Court worries about judges simply voting for their party in gerrymandering cases (or being perceived to do so), the Supreme Court could implement the intent prong via conclusive presumptions based on the composition of the legislature (partisan intent presumed if the advantaged party held a majority of the seats when the map was enacted), or based on the results of computer simulations (partisan intent presumed if the map is an outlier relative to the distribution of simulated maps).
Again, our purpose here is not to argue for any particular outcome for the Wisconsin plan. The Supreme Court must decide whether this gerrymander is too extreme. But the Justices need not worry that the available metrics are too variegated for manageable adjudication. Steak rubs are great at the grill, and perhaps in some cases they should season the law too. But partisan symmetry is not a steak rub concept, and Gill is not a steak rub case.
The Aoki Center for Critical Race and Nation Studies presented a screening of Cruz Reynoso: Sowing the Seeds of Justice, filmmaker Abby Ginzberg's documentary on the life of Professor Emeritus Cruz Reynoso, at King Hall on September 26.
The film presents the story of Professor Reynoso's life and career as it intersects with key moments in the history of California and the nation, including the fight for legal services for farm workers during the 1970s, the 1986 political campaign by death penalty advocates against Reynoso and two other California Supreme Court justices, and the U.S. Commission on Civil Rights' investigation of voting irregularities in Florida during the 2000 Presidential election.
A member of the UC Davis School of Law faculty since 2001, Professor Reynoso was awarded the Presidential Medal of Freedom, the nation's highest civilian honor, in 2000 by President Bill Clinton in recognition of his "compassion and work on behalf of the downtrodden."
The screening was part of the Aoki Center's Fall 2017 Interdisciplinary Research Seminar Series. To view a trailer for the film click here.
By Raquel Aldana, Associate Vice Chancellor for Academic Diversity and Professor of Law, UC Davis
[Cross-posted from UC Davis Equity and Inclusion Blog]
On Sunday September 24, 2017, while President Trump artfully distracted the nation by feuding with NFL football players over their First Amendment right to protest racial injustice in the United States, the White House released a Presidential Proclamation Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorist or Other Public-Safety Threats. This new travel ban ("travel ban 3.0") replaces the previously revised travel ban issued March 6 (Executive Order 1380; Protecting the Nation from Foreign Terrorist Entry into the United States), which was due to expire that same night. Travel ban 3.0 has not received as much media attention or public consternation as the original travel ban. However, its harms, which are now indefinite, remain largely unchanged for five of the six predominantly Muslim nations included in the original travel ban (Iran, Libya, Syria, Somalia, and Yemen) while three new nations (Chad, North Korea, and Venezuela) are added to the list.
On its surface, travel ban 3.0 appears to draw careful distinctions in the degrees of travel restrictions imposed on each of the eight nations based on alleged differences in the security risks presented by each. However, with the exception of Venezuela, the most important fact is that travel ban 3.0 indefinitely bars nationals from all of the seven remaining nations from permanent immigration into the United States. No careful "tailoring" as the government claims, can hide this harsh reality. Moreover, six of the targeted nations (Iran, Chad, Libya, Syria, Somalia, and Yemen) are predominantly Muslim. Not unlike the previous two travel bans, travel ban 3.0 hurts predominantly Muslim U.S. families, Muslim refugees, and the entire U.S. economy with highly questionable national security gains.
Permanent immigration into the United States occurs largely for three primary reasons: to promote family unification between foreigners and U.S. citizens or lawful permanent residents, to recruit workers that Congress deems contribute to the U.S. economy, and to provide protection from persecution to refugees and asylum seekers. In 2015, the last year for which the government has provided official data on permanent immigration into the United States, over 20,000 permanent immigrants from these seven nations (the largest numbers from Iran, Syria, and Yemen) arrived in the United States to unify with spouses, children, parents or siblings, to begin gainful employment, often after completing programs of study in the United States, or to escape horrific repression.[1] Moreover, as of 2012, nearly 800,000 persons living in the United States come from countries affected by the ban, representing 2% of all foreign-born immigrants in the country.[2] With travel ban 3.0, potentially hundreds of thousands of U.S. families, some who have waited in backlogged immigration lines for years, confront the possibility of an indefinite separation from their loved ones. Moreover, in violation of our moral obligation and international and domestic legal commitments, under travel ban 3.0, the United States turns its back indefinitely on tens of thousands more refugees.
Travel ban 3.0 did ease some of the previously imposed travel bans in puzzling ways. Only two of the eight nations, North Korea and Syria, face an indefinite bar for both permanent and temporary immigration to the United States. Venezuela is a unique case because the ban on travel applies only to certain government officials. Somalia is also a unique case because temporary immigration is not suspended but rather subjected to additional scrutiny. For the remaining nations, the odd tailoring of restrictions or exceptions to the restrictions will largely mean that some temporary migration will be allowed to come in from each of these countries except for temporary visitors on business or as tourists. For Iran, the ban on temporary migration is even broader exempting only student categories. This begs the obvious question as to why the Trump administration considers it possible to contain the purported national security risks of travel for temporary migrants, who usually come to the United States in much greater numbers than permanent immigrants, while imposing more extreme measures to permanent immigration.
Universities across the country may view as positive that travel ban 3.0 lifts the student visa restrictions on most of the countries affected in the prior travel ban, including Iran. Students from North Korea and Syria, however, are indefinitely banned as students, while Somali students could still face undue restrictions. More importantly, however, travel ban 3.0 leaves intact the barriers that would significantly deter many foreign students, not only those who come from the nations directly affected, from choosing to study in the United States. Already, students from Chad, Libya, and Yemen are indefinitely banned from seeking permanent legal employment in the United States once they finish their studies while students from Iran are indefinitely banned from both temporary and permanent lawful employment in the United States. This significantly reduces the economic incentives for these students to choose their studies in the United States and it robs us of the opportunity to reap the benefits of a U.S. educated workforce. More importantly, the ban signals to these foreign students that they are considered security risks to our nation and are not wanted. Why should foreign students spend tens of thousands of dollars to study in a nation hostile to them and their contributions? Who among them is going to be targeted next?
More than a million international students currently study on U.S. college campuses, contributing nearly $36 billion to the U.S. economy.[3] From the targeted countries, Iran and Venezuela feature among the top 25 sending nations, and together comprise more than 20,000 students nationwide.[4] At UC Davis, our student population from the affected nations is fewer than 100, with the largest share comprised of students from Iran. These students are feeling targeted, isolated, and scapegoated. Each one of them, however, is a valuable member of our community. Their presence on this campus makes us a better university and enhances our understanding of shared or even different values, culture, religion, and ideas. Our shared spaces allow us to grow in respect for one another. U.C. Davis students and scholars affected by travel ban 3.0 can find support at UC Davis Services for International Students and Scholars. UC Davis remains committed to supporting and welcoming students and scholars regardless of citizenship or place of birth.
Travel ban 3.0 may have both delayed and muddled the legal challenges to the prior travel bans but it should not alter our moral indignation against the policies. The legal challenges to the prior travel bans relied on President Trump's virulent anti-Muslim rhetoric to make a compelling case of the religious animus motivating the ban. The inclusion of Venezuela and North Korea in travel ban 3.0 could make this claim harder, particularly when immigration law's exceptionalism already grants the President wide discretion to violate fundamental rights even of U.S. citizens directly affected by the ban (e.g., those who can assert a "bona fide" relationship to nationals from the banned countries). Law, however, cannot always provide the right answers. We must also be guided by our values, our humanity, and our common sense. Travel ban 3.0 remains essentially an anti-Muslim prohibition. It must also be understood in the context of a broader anti-immigrant agenda, which also targets other communities of color. This includes the recent immigration raids, DACA's rescission, cuts in refugee admissions, and legislative proposals like the RAISE ACT which proposes major cuts to family immigration, which predominantly originates from Mexico, China, India and the Philippines. The national security justification for the ban has great appeal, but it is misguided. Since September 11, 2001, a vast majority of the perpetrators of terrorist attacks came from countries not listed in the ban, and many were born in the United States.[5] Security experts particularly puzzle over Chad's inclusion since Chad has been an ally in the fight against terrorism.[6] Careful consideration must be given to how and whether immigration controls are necessary to improve U.S. security. However, indiscriminate immigration bans against entire nations are unlikely to make our nation safer. They will certainly, however, make us a less diverse and inclusive nation.
[1] Department of Homeland Security, 2015 Yearbook of Immigration Statistics, Table 10: Persons Obtaining Lawful Permanent Resident Status By Broad Class of Admission and Region and Country of Birth.
[2] Mona Chalabi, "How many US immigrants come from Trump's seven banned countries?" The Guardian (28 January 2017); Ford Fessenden, Jasmine C. Lee, Sergio Pecanha and Anjali Singhvi, "Immigrants from Banned Nations: Educated, Mostly Citizens and Found in Every State," New York Times (30 January 2017).
[3] Karin Fischer, "International Students Dodge Trump's Partly Reinstated Travel Ban, but Concerns Persist," Chronicle of Higher Education (26 June 2017).
[4] Id.
[5] Ford Fessenden, Jasmine C. Lee, Sergio Pecanha and Anjali Singhvi, "Immigrants From Banned Nations: Educated, Mostly Citizens and Found in Every State," New York Times (30 January 2017).
[6] Helene Cooper, Michael D. Shear and Dionne Searcey, "Chad's Inclusion in Travel Ban Could Jeopardize American Interests, Officials Say," New York Times (26 September 2017).


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Eternally Trill: A New Drake Leak Surfaces Featuring The Late Pimp C
No matter how you view the meteoric ascent of Drake, you've gotta hand it to the kid for consistently waving his flag for the OGs. Particularly, the late Pimp C and his UGK bredren, Bun B. From the get, the north-of-the-border rap sensation has displayed the utmost reverence for these giants of hip-hop, developing an uncanny bond well beyond the passing of Pimp C that carries on to this day, appearing on several posthumous Pimp C releases, perhaps most notably, "What Up" (which trill aficionado, Sama'an Ashrawi, champions as one of Drizzy's most memorable career moments.)
And so, when a new leak surfaces, easily assumed to be a selection from his soon-to-arrive Views From The 6 LP, it shouldn't jar you so much as re-instill some of your faith in this current generation of MCs, who so quickly catch the full force of "heads" shouting "blaspheme!". Today, precisely that has transpired with the arrival of "Faithful"; a waves-for-days track (bearing all the marks of 40 on production) that opens with a mic-check from the one and only, Pimp C, and though it may not seem like much more than a subtle tip of the hat, we feel confidant that both the new and old school will approve. Hear Drake's "Faithful" down below and stay tuned. Views From The 6 could arrive any moment now.


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Specials on 2-Hour 1-on-1 Tutoring: Reserve by Sunday, May 13th!
Special Offer: 2-Hour 1-on-1 Tutoring Sessions for $120 (Reserve/Purchase by Sunday, May 13th)!
Greetings everyone! Is spring finally here? We think that's still to be determined.
Semester finals are approaching. We plan to offer a handful of small group semester review sessions as we have in previous semesters. However, we're offering discounts for 2-hour sessions purchased by Sunday, May 13th. The 2-hour sessions are for 1-on-1 tutoring for finals review. All you have to do is call or email the office, firstname.lastname@example.com and 214-361-1133. The cost of each 2-hour session is $120. These special 2-hour sessions must be paid up-front to be reserved. Refunds are possible if the appointment is cancelled within 24 hours. Otherwise a $35 late cancellation fee will apply. The tutoring session does not necessarily have to occur on or before Sunday, May 13th. The session may occur anytime in May. The deadline to book a session or sessions is Sunday, May 13th. After that deadline, tutoring sessions will have the standard $75/hour rate.
Online booking will become an option over the summer for SAT/ACT classes and summer reading reviews. More information for online booking and summer hours will be available right after spring semester finals.
Thank you and good luck with spring finals!
Angie, Megan, Alex, and Erin


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Will Machine Learning Live up to the Hype?
Oct 02, 2018
Machine Learning (ML) has been heralded as a technology breakthrough that has the capacity to fundamentally change the way that we approach many tasks in our daily life, from communicating with friends to commuting to work, and much more in between.
For marketers, machine learning opens the door to predictive analytics, which provide a way to anticipate consumer trends before they actually happen. According to SAS, predictive analytics are defined as "the use of data, statistical algorithms and machine learning techniques to identify the likelihood of future outcomes based on historical data. The goal is to go beyond knowing what has happened to providing a best assessment of what will happen in the future."
Used in this way, Machine Learning can automatically parse consumer behavior that happened in the recent past in order to predict future buying habits. This type of "crystal ball" potential makes ML highly attractive to marketers. Imaging being able to target people precisely with personalized communications that match their preferences and buying history, in order to sell them exactly the right thing at the right time. That is the promise ML offers to marketers.
But in order to make accurate predictions, we need to know what we are predicting, and we need to be able to measure the efficacy of our predictions. In ML, there are three primary measurement parameters that can be applied: Accuracy, Precision, and Recall.
- "Accuracy" is defined as correct predictions divided by the total number of predictions (Correct Predictions/(Correct Predictions+Incorrect Predictions). Although accuracy is an understandable everyday metric, it's actually a very poor measure of how well a machine learning algorithm is doing. For the sake of example, let's say that we'd like to predict what percentage of the news articles mentioning a particular company are financial, in terms of topic. Using an old-fashioned rules-based approach, we may have programmed the computer to mark articles as "financial news" if they contained specific phrases like "share price", "%," and "$." This would undoubtedly uncover a number of financial articles, but it would also likely miss some articles and surface a high number of false positives.
Now, let's say that on the average, 10% of news articles mentioning Company X are financial. This means that 90% of news articles are NOT financial. We could create a machine learning model, known as a majority class classifier, that would always predict that an article is NOT financial and it would have 90% accuracy. But this model would be useless because it would never predict financial news articles and we might be "tricked" into thinking that they do not exist. This issue is known as "Class Imbalance" in machine learning and it is why accuracy is not necessarily the best metric for measuring ML models.
- Precision, defined as the number of True Positives divided by all Positives (both true and false), adds another layer of insight by illustrating how "precise" the algorithm is. So, using the same example, let's say that for every 100 articles, we predict that we will have 10 true positives (correct financial predictions) and 40 false positives (incorrect financial predictions). Our precision would be 20%. This will provide us with some additional nuance to determine how well our model is performing.
- Recall is another lens through which to measure the performance of ML models. Defined as True Positives/ (True Positives + False Negatives), recall is essentially a measure of how many relevant articles were found, or recalled. Let's say we know that yesterday, 10 financial articles came through our system, and we predicted 5 articles correctly (True Positive) and missed 5 articles (False Negative). Our recall would be 50%.
Precision and recall give us a better sense of how our algorithm is performing on a class-by class basis, for both financial and non-financial news. If we were to rely solely on accuracy, we would know how we are performing overall, but could also be led to some incorrect assumptions. And in some cases, those kinds of mistakes can be costly. For example, ML is used to predict credit card fraud. Let's say that 1 in every 100,000 transactions is fraudulent. In this situation, it would be very important to measure precision and recall, because the goal is to predict fraud when it happens. If we rely only on accuracy, we might be tricked into thinking our algorithm is 99.999% accurate.
So, let's create a Machine Learning model that evaluates and predicts financial articles about Company X. To do this, we will use a supervised learning approach, in which we provide a set of data for the computer to learn from, and we will look for patterns based on the evaluation of 350,000 features. The features could include whether the URL is from a financial news source like WSJ, Reuters, or Forbes; whether NASDAQ or DOW appear in the title; how many times the word "share" appears; and other text statistics.
If our ML model demonstrates 90% accuracy (meaning that 90/100 of our predictions are correct), 90% precision and 90% recall, it will not only result in better capture of financial news articles, it will also cut down on false positives and false negatives.
Once we have a model that yields sufficient results, we can engineer features that will help it to predict outcomes through data enhancement, which can ensure any data that is coming into the business is being filtered to maximize its value. The training data used in machine learning can often be enhanced by extracting features from the raw data collected. In our example, this would include marking articles as financial, predicting the sentiment of an article, extracting entities for customers, and more. This kind of data enhancement, or augmentation, increases the predictive power of learning algorithms by creating features from raw data that help facilitate the learning process.
Ultimately, the question of whether ML will live up to the hype for marketers depends on two conditions. The first is the validity of the data. ML models are really only as good as the data upon which they are based. If the data is old, tainted, or otherwise questionable, the model won't work.
The second variable is the ability to visualize data in a way that makes sense. Regardless of which type of model marketers choose to work with, they will need to implement a data visualization strategy that helps easily digest and make sense of the information being tracked. Data visualization not only appeals to the eye, it can also be used to inform, inspire and guide actions based on customer behavior (and other business information). Machine learning-based data visualization tools help businesses to optimize operations and make important decisions. Without a good visualization strategy in place, all the data in the world may not help you make good decisions.
As an example of data visualization, Tickr's solution implements a feature called MetaCloud, which uses machine learning to generate keywords in a news article, then visualizes them in a new and intuitive way. MetaCloud provides a deeper look inside a news article within the wider context of how it relates to other key phrases and topics being discussed in the news. Through a conversation flow analysis that illustrates the word connectivity between major themes, keywords, and topics of interest, MetaCloud allows people to easily grasp the meaning of the data.
We are just at the top of the iceberg of what ML is capable of, in terms of predictive analytics. But with 91% of top marketers saying that they are either fully committed to or already implementing predictive marketing, change is coming soon. Provided that the data is set up right and visualized in a digestible way, ML can be an invaluable asset, especially when applied to specific marketing challenges, such as qualifying and prioritizing leads or bringing the right product to market at the right time. Savvy marketers are not only embracing ML, but also learning more about how to measure its efficacy, in order to make sure that they get the most from their predictive models.


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The Copper Wire Gauge for Electrical Technology
An explanation of the A WG wire gauge system, with some handy tricks for converting between gauge and size.
By Antonio L. Eguizabal, VE7FIF
Insulated copper wire is used extensively in electrical and electronics applications. In amateur radio use, it is predominant. Copper is a metal with excellent thermal, electrical, mechanical and physical characteristics; unequaled in its cost-benefit properties. Hence its widespread use throughout the world of electrotech-nology. Most amateur radio circuits use insulated circular-cross-section (round) copper wire. Presently, in Canada, the US and other countries, the round copper wire is based on the American Wire Gauge (AWG) system. In this article, the basis for this gauge
151 West Osborne Road North Vancouver, BC V7N 2P9 Canada is presented, together with some of its interesting properties.
Sizing of Round Copper Wire
Circular-cross-section, bare copper wire can be sized in several ways. For smaller conductors (up to No. 4/0 or
0000 AWG) it follows the American Wire Gauge.1 For larger conductors, the tendency is to use the cross-section area expressed in circular mils (the area corresponding to a circle of 0.001 inches, or 1 mil, in diameter). The AWG system uses inches and feet and has no direct equivalent in the metric system.
The metric world usually sizes round copper conductors by their cross-section area in square millimeters (mm2) and sometimes uses a system based on the diameter in milli-
1 Notes appear on page 23.
meters for small wires.2 In the UK, round copper wire follows the Standard Wire Gauge (SWG)3, which is similar to the AWG but is not always exactly equivalent, as shown in the wire tables of Note 2. To make matters more confusing, other systems are used for other materials, such as the Steel Wire Gauge, the Birmingham Wire Gauge, the Old English Wire Gauge, the old Paris Gauge, and so on. For a history of wire gauges, the reader can consult Note 4.
The AWG System
The American Wire Gauge was invented by J. R. Brown in 1857 and is also known as the Brown and Sharp gauge. It is the prevalent wire gauge in North America and other countries for solid, round, bare copper wire of diameter less than 0.46 inches. Its use is a defacto standard for Canada and the US, being specified for electrical wiring using copper wire as regulated by the Canadian Electrical Code and the National Electrical Code in the United States.5-6
Together with other gauges such as the ones already mentioned, the AWG system has the property that its sizes represent approximately the successive steps in the process of wire drawing (pulling through a hard steel die of known diameter).
Its numbers are retrogressive—a larger number denoting a smaller wire—corresponding to the successive drawing operations. For example, No. 0 AWG could be the first pass and No. 1 AWG the second pass through a smaller diameter die. Actually, the AWG system starts at No. 0000 (or 4/0 AWG) and stops at No. 50 AWG. The gauge numbers obey a mathematical relation and are not arbitrarily chosen as it may appear at first glance.
The basis of the AWG is a mathematical law. I briefly mentioned the relation in a previous article, which is repeated here for completeness.7 The gauge is specified by two diameters and the law that a given number of intermediate diameters are formed by a geometrical progression. Thus, the diameter of No. 0000 or 4/0 AWG is defined as 0.4600 inches and the diameter of No. 36 AWG is 0.005 inches (see Notes 1 and 2). There are 38 sizes between these two, hence the ratio of any diameter to the next diameter of a larger size is given by:
This is called the progression constant of the AWG system. It can be verified with a calculator by taking the logarithm (any base will do) of 92, dividing by 39 and then taking the anti-log (same base) of the quotient. A good calculator will display as many digits as shown here—or more. My HP-41CV shows 1.122 932 197 when FIX is set at the maximum of 9 digits.
This number has some interesting properties:
a) The square of the progression constant is (1.1229322)2=1.2610.
b)The sixth power, that is the ratio of any diameter to the diameter of the sixth greater number is: (1.1229322)6=2.0050.
c) The fact that b) is so close to the number 2, is the basis of numerous useful relations and computation short cuts.


text: NS Music Week Booking Agent Of The Year November 09, 2015 / Jason MacIsaac I'm honoured to have been named "Booking Agent Of The Year" at The Nova Scotia Music Awards in Yarmouth this past weekend. It feels great to be recognized by your peers in the industry . I'm lucky enough to work with a really bad ass roster here, and thank all of them for making my job easier and making me look better! Thanks, JMac 0 Likes


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About Biltmore Surgical Center
At Biltmore Surgical Center, our goal is to ensure you have a positive experience as we work with your physician and their staff to coordinate your care with us. Your physician is an integral part of Biltmore Surgical Center. They have chosen our center as the facility to meet your healthcare needs.
Our Physicians
Local physicians, and subsequently their patients, put a great deal of trust in our center to provide some of the highest-quality surgical services in Phoenix and the surrounding areas. We strive to meet those expectations and consistently deliver a high standard of care to each patient who comes through our doors. By working collaboratively with your physician, you can trust that we take the time to understand your specific needs and work to provide surgical solutions that are designed to get you back on the path to health and wellness.
Coordinating with Your Physician
Once your physician has determined you're in need of a procedure, his or her office will contact us for scheduling. The office will provide us with your insurance information. We will then seek an authorization from your insurance company for you to receive care at our facility.
Am I Ready for my Procedure?
Your physician may have given you instructions about what you need to do before your procedure. Please follow their instructions.
We request that you complete an online pre-procedural assessment with One Medical Passport as soon as your procedure has been scheduled.
Click here to complete this process
Finally, you may also receive a call from our nursing staff to simply confirm information with you. If you are unable to complete your history online, please contact us and request to speak to a pre-op nurse at 602-490-3661.
We are focused on delivering complete care for our patients in the following and more:
- General Surgery
- Orthopedics
- Ear, Nose & Throat
- Pain Management
- Plastic Surgery
- Podiatry
- Urology
Improving Outcomes & Reducing Complications
Throughout the country, outpatient surgery centers—like Biltmore Surgical Center—continually yield improved patient outcomes with reduced complications. Our center is proud to help lower infection rates in comparison to outpatient surgeries performed in hospital settings.
As the premier surgery center in the area, Biltmore Surgical Center is committed to providing unsurpassed levels of patient care to both the patients and physicians we serve. Our goal is to ensure you enjoy a positive experience from the initial consultation to your final check-up with your physician / surgeon.
Would you like to learn more about our surgical center in Phoenix? Contact our office to set up an appointment. We are open Monday – Friday, 5:30 a.m. to 6:00 p.m.


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What every parent needs to know to help their grieving child
When a family member dies, the whole family can feel fractured and incomplete. There are ways to help your child feel connected to the person who died.
Grief can be a horrible journey. It is something that we never get over, and it is something that we need to get through. After the death of a family member many things will never be the same again. The landscape of our lives will be very different. Often it is incredibly difficult to think straight and maintain any regular routine.
Ways You Can You Help Your Child Maintain Their Connection
Children can feel lonely and disconnected from their grieving parent during this time. It's important you are still able to create an environment of connection both to you and the person who has died.
Some practical ways to create an environment of connection are:
- Acknowledged their emotions with empathy – They might need hugs and cuddles for reassurance too
- Reassure them it's not their fault – Choose your words carefully and if necessary or appropriate – look for the queues
- Respect your child's coping mechanisms and help with overwhelming emotions
- Include them – If it's appropriate they should be invited and included in special occasions and anniversaries. Sharing stories about the person who has died can also help
- Lean on those you trust and respect - Let them help in practical ways, pick the kids up, help make a meal, mow the lawn, tidy the house
- Gather together as you would at normal meal times – Even if it is only to pick at the food
- Make sure the adults that are responsible for the for the care of your child are aware of the situation – School teacher, sports coach, friends parents etc
- As mentioned in Part 1 regarding teenagers, this can be a complex time for them. Encourage connection with others who they admire and respect. This can be good in assisting and maintaining the balance.
Other things parents need to be aware of:
- Don't be afraid to show your emotions. Kids will learn how to grieve from you
- Remember to talk about the one who has died. Use their name often
- If possible, talk about the one who has died with thankfulness, gratitude and respect. This will help to keep things a little more positive
- Encourage storytelling, laughter and tears
- Make sure you are doing something that recharges your batteries. Do the things that are good for you. You know what recharges and energises yourself, remember to take some time out and do the same for the children. It is not disrespectful and does not mean that you don't care
- Be careful not to indulge in too much alcohol, it is a depressant. Drinking can complicate and exacerbate grief and relationships. Seeing you intoxicated can be unsettling for children to see
- You may not be aware, but grief can come in waves and show itself in different ways. Due to the stress levels, we are not at our peak, our thinking is foggy and sometimes we may feel like we are losing our minds. This abnormal feeling is quite a normal stage in grief.
Questions your child might ask:
Who will look after me?
The world as they knew it has changed.
This can shake the foundations of a child's belief in the world as a safe place.
Your child might need plenty of reassurance and encouragement to begin to feel safe again.
Will I get sick?
Some children may worry about getting sick and dying themselves and it may reassure them to visit your family doctor for a check-up.
It's a good idea to phone the doctor before you visit so that they can be prepared for any questions your child may ask.
Even if your child doesn't ask these questions it might help to talk about this in your everyday conversations.
Remember, don't be afraid to ask for someone for help!
There are people who can assist you during this journey. These can be:
- A psychologist
- Counsellor
- Pastor
- A good friend who you respect
- (Even the funeral director)
These are great people to call upon during this time.
Some might be able to guide you to the right person or give you the help you need.
Should We Do The Things We Used To Do?
It's important to maintain as many normal activities as possible.
If they are OK about going to school or sport or going to a friend's party, let them go – you as the adult might need help with that!
Like more help?
Subscribe to our free Newsletter (below) so we can send you updates and tools to help you live well with grief.
By Aaron Hille


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Here's What Will Happen To Your Body If You Eat Pink Himalayan Salt
Pink Himalayan salt is considered as one of the healthiest and cleanest salts all over the world. In fact, it represents a halite or salt rock, which comes from Pakistan, nearly 190 miles from the Himalayas. Years ago, the sea evaporated and produced crystallized sea salt. Pink Himalayan salt is thought to be composed of dried remnants of the primal sea.
Not only does it has culinary uses, but it also has therapeutic and nutritional properties. You can use it to prepare natural bath soaks or body scrubs.
As pink Himalayan salt does not have additives and chemicals, it is considered the healthiest salt in the world. It is loaded with 84 trace minerals, like magnesium, sodium chloride, sulphate and ionic energy. The pink color of the Himalayan salt comes from its high content of minerals like magnesium, calcium, potassium and iron.
Why is pink Himalayan salt better than table salt?
Pink Himalayan salt is healthier than the common table salts. It is the purest salt in the world, whereas table salt contains unnatural interferences. When consuming pink Himalayan salt, your body is provided with less sodium compared to table salt, which is less refined.
Namely, a high quality pink Himalayan salt is only 87 % sodium chloride, whereas most table salts have one mineral (sodium), with added iodine and other hazardous agents, such as purssiate of soda. Table salts also undergo bleaching processes and are loaded with aluminum derivatives, which are detrimental to the overall health.
Health benefits of pink Himalayan salt
Pink Himalayan salt has numerous benefits for the overall health, including:
• It helps regulate blood pressure, as an ionic solution contains mineral-rich salt
• It enhances the absorption of food in the intestinal tract
• It promotes physical performances and relieves stress
• It neutralizes electromagnetic radiation
• It relievea symptoms of allergy and asthma
• It helps treat heartburn / acid reflux
• It regulates high levels of blood sugar
• It relieves muscle cramps by boosting hydration and mineral status
• It is great for red blood cells
• It reduces the risk of sinus issues and enhances the overall health of sinuses
• It provides the body with trace minerals and stimulates hydration
• It has antimicrobial and antibacterial properties
• It helps body detoxification by regulating systemic pH levels
• It enhances proper function of the adrenal and thyroid glands
• It promotes weight loss by balancing hormones and increasing energy levels
• It works as a strong antihistamine
• It enhances sleep quality by balancing hormones and regulating the levels of blood sugar
• It improves respiratory issues
• It acts as a natural digestive aid
• It acts as a better sleep inducer
• It regulates water levels in the body
• It helps reduce the signs of aging
• It promotes the production of cellular energy
• It aids vascular health
• It improves bone strength
• It helps foster a healthy libido
• It promotes gallbladder and kidney health
Treat migrane pain with pink Himalayan salt
You will need these ingredients:
• Pink Himalayan salt
• Water
• Lemon
How to prepare it and use it:
• In a glass, pour the water.
• Add two teaspoons of pink Himalayan salt.
• Add lemon juice.
• Mix it well.
Uses of pink Himalayan salt
• Air purification
• Bathing (relieve sore muscles and boost circulation)
• Decoration
• Essential oil diffusers and potpourri holders
• Cooking (like other salts)
• Salt slabs
Precautions of pink Himalayan salt
As pink Himalayan salt is rich in minerals, it is healthier than the table salts. However, as a salt, it is high in sodium. Getting plenty of sodium in the diet can cause high blood pressure in people.
In addition, it can cause a buildup of fluid in people who suffer from kidney disease, liver cirrhosis and congestive heart failure.
When pink Himalayan salt is used in moderation, it can be a healthy addition to the diet. It makes meals tastier by providing the body with essential nutrients and health benefits.


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Ouch. A boy was rushed from Jiaxing in neighbouring Zhejiang province to Shanghai Children's Hospital with a pair of scissors lodged in the side of his head. Surgeons at the hospital successfully removed the scissors in a four-hour operation Sunday evening and the boy is now in stable condition. Shanghai Daily with the details:
The parents, who live in Jia-shan, a city near Jiaxing, said the boy was standing on a chair while playing with the scissors on Sunday. Other family members were busy in another room. They rushed to the boy when he burst out crying after he fell from the chair and the scissors embedded in the right side of his face.
He was first sent to a nearby hospital in Jiashan and then transferred to the Jiaxing No. 2 Hospital, where a CT scan showed a scissor blade entered the boy's brain. Doctors suggested the boy be sent to Shanghai, where hospitals are capable of complex surgery.
"Our doctors were shocked when they saw the boy, who had a pair of 20-centimeter scissors in the face right next to his right eye," Yang said. "Fortunately, he was conscious and complained about a headache."
Dr Chen Ruoping, director of the neurosurgery department of Shanghai Children's Hospital, said the scissors didn't hurt major blood vessels or injure too much brain tissue.