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If a person forgets and says the salaam before completing his prayer, then he remembers shortly afterwards, then he should go back and complete his prayer and do the prostration of forgetfulness, because of the report narrated by al-Bukhaari (1227) and Muslim (573) from Abu Hurayrah (may Allaah be pleased with him) who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) prayed Zuhr or 'Asr and he said the salaam (i.e. after two rak'ahs). Dhu'l-Yadayn said to him: Has the prayer been shortened, O Messenger of Allaah? The Prophet (peace and blessings of Allaah be upon him) said to his companions: "Is it true what he is saying?" They said: Yes. He prayed two more rak'ahs then he prostrated twice.
If he has started to offer a naafil prayer, then he remembers that he did not complete the obligatory prayer, he should stop the naafil prayer and complete the obligatory prayer, then do the prostration of forgetfulness.
Ibn Qudaamah said in al-Mughni (1/373): The one who says the salaam before completing his prayer by mistake, then realizes before a long time has passed or his wudoo' is invalidated, has to do what remains of his prayer, then recite the tashahhud and say the salaam, then do the two prostrations of forgetfulness. If a long time has passed or he has invalidated his wudoo', then he should repeat the prayer from the beginning.
If he does not remember until he has started another prayer, then it depends. If he has only done a little of the second prayer and a long time has not passed, then he should go back to the first prayer and complete it. If a long time has passed then the first prayer is invalidated. This is the view of al-Shaafa'i. End quote.
In Kashshaaf al-Qinaa' (1/400) it says: If the one who said the salaam before completing the prayer does not remember until he has started another prayer, he should stop it if a short time has passed, and go back to the first prayer and complete it, so that he can attain continuity between its essential parts, then he should do the prostration of forgetfulness. End quote.
There is no specific definition of what counts as a long time or a short time; he should refer to what is customary.
As for making the first (deficient) obligatory prayer a voluntary prayer, that is not correct, because actions are by intentions, and you prayed it with the intention of offering an obligatory prayer, and you exited it likewise. Because you repeated the obligatory prayer after that, then you have done what was required of you. But it would have been better for you to stop the naafil prayer and go back to the obligatory prayer and complete it, then do the two prostrations of forgetfulness after saying the salaam at the end of the prayer, then pray the naafil prayer after that.
And Allaah knows best.
Source: Islam Q&A


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subset: commoncrawl


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green economy tag
1 result(s) displayed for green economy (1 - 1 of 1):
Information and Communications Technology has Key Role in Green Economy
By Mae Kowalke
It will take dedication, teamwork and technology to achieve the future we want in terms of reducing poverty, advancing social equity, and ensuring environmental protection. That's the message behind upcoming Rio+20 UN Conference on Sustainable Development, this June in Brazil.
Alcatel-Lucent (ALU) and others are focusing heavily on technology as one key aspect in achieving a better future. At a Rio+20 planning conference earlier this month, Philippe Richard, who heads up green strategy at Bell Labs, participated in the closing panel, where he highlighted the role information and communications technology (ICT) plays in sustainable development.


text: Home- Academics- Departments and Programs- Geology- Off-Campus Study Menu Menu Off-Campus Study Geology majors have the opportunity to participate in off-campus study and research in a wide variety of locations around the United States and abroad. Summer Field Programs Each summer, the geology department hosts two field programs. GEOL 120 is a two-week, half-credit course called "The Geology of American Parks." This course is designed to introduce first-year and sophomore students to geological processes, materials, and basic field techniques while experiencing the spectacular scenery of national parks in the United States and Canada. GEOL 320 is the current version of the "Techniques of Field Geology" course, traditionally dubbed the "O.C.," that has been developed and refined over several decades. This five-week summer field program is strongly recommended for all geology majors. On the O.C., students engage in intensive field study and develop basic field skills essential for a professional geologist, as well as gaining an understanding of the geologic history of various regions of the United States. Though locations change from year to year, they may include the Front Range, Rocky Mountains, Colorado National Monument, Canyonlands, Arches, Capitol Reef, Bryce Canyon, and Zion Parks, among others. Semester Programs Colgate's off-campus study office offers full-semester off-campus study opportunities all over the world. Students on these programs travel, live, and study along with their Colgate classmates and a Colgate faculty adviser while immersed in the culture of the region. The following semester-long off-campus study groups are designed specifically to accommodate the interests and scheduling needs of students in the sciences: Wollongong, Australia (fall, spring) Manchester, England (fall) Cardiff, Wales (fall, spring) Collaborative Research and the Keck Geology Consortium Geologic research at Colgate explores a wide range of topics at locations throughout the United States and around the world including: Canada, Iceland, Russia, Mongolia, Japan, Australia, the Galápagos Islands, and Antarctica. Colgate is also a member of the Keck Geology Consortium, a multicollege collaboration that opens up a broader range of research opportunities for our undergraduates. Students involved in geologic research commonly travel to their study locations in order to gain firsthand field experience. Colgate-affiliated Programs Colgate is also directly affiliated with several other off-campus study programs. Two programs of particular interest to geology majors include: Sea Semester in Woods Hole, Massachusetts Maritime Studies at Mystic Seaport in Connecticut Check out all affiliated off-campus study programs. Photos from GEOL 320 ("OC") Loading... VIEW ALL Academics Majors and Minors Departments and Programs Africana and Latin American Studies Art and Art History Asian Studies Biology Chemistry The Classics Computer Science East Asian Languages and Literatures Economics Educational Studies English Environmental Studies Film and Media Studies Geography Geology Academic Program Department Courses Faculty and Staff Students Research Facilities Off-Campus Study Useful Links Alumni German History International Relations Jewish Studies LGBTQ Studies Linguistics Mathematics Medieval & Renaissance Studies Middle Eastern and Islamic Studies Music Native American Studies Neuroscience Peace and Conflict Studies Philosophy Physics & Astronomy Political Science Psychological and Brain Sciences Religion Romance Languages and Literatures Russian and Eurasian Studies Sociology and Anthropology Theater Women's Studies Writing and Rhetoric Off-Campus Study Core Curriculum Research Fellowships & Scholarships Scholars Programs Pre-Professional Planning Academic Calendar University Catalogue Course Offerings Libraries RELATED LINKS


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Two Hope seniors have been named to the De3football.com All-North Region team.
Wide receiver Doug VanEerden of Grand Rapids, Mich. (GR Christian HS) is a second team honoree while tight end Kevin Vandenbosch of Grandville, Mich. (Calvin Christian HS) was elected to the third team.
The All-North Region team is comprised of Division III players from colleges in Ohio, Illinois, Indiana, Michigan and Wisconsin.
Hope was co-champion of the Michigan Intercollegiate Athletic Association (MIAA). Van Eerden was voted the MIAA's co-most valuable offensive player while Vandenbosch is a two-time All-MIAA first team honoree.


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Peacekeeping Budgets Equal Less Than Two Days of Military Spending
New Worldwatch Institute analysis examines trends in peacekeeping budgets
Washington, D.C.—The approved budget for United Nations peacekeeping operations from July 2013 to June 2014 runs to $7.83 billion—$390 million higher than in the previous year. This is the third-highest budget since the record $8.26 billion spent in 2009–10. Despite some relatively minor fluctuations in the last seven years, peacekeeping budgets are much more stable now than in the 1990s, when a rapid rise in spending was followed by an abrupt decline, writes Senior Researcher Michael Renner in the Worldwatch Institute's latest Vital Signs Online trend (www.worldwatch.org).
Since peacekeeping was invented in the years following World War II, the United Nations has spent a cumulative $124 billion on these missions—an amount that pales in comparison to even a single year of world military expenditures, which stood at $1,753 billion in 2012. The world's armies could not operate for even two days on the current annual peacekeeping budget.
Today's peacekeeping missions are highly complex. Some attempt peace enforcement, but many others involve a broad array of civilian tasks, such as assistance in elections and other political processes, institution building, reform of judicial systems, and training for police forces, as well as other steps to foster and consolidate peace.
As of January 2014, the United Nations maintained 15 peacekeeping missions: 8 in Africa, 3 in the Middle East, 2 in Asia, and 1 each in Europe and the Americas. The organization deployed a total of 117,630 personnel, most of whom are uniformed peacekeepers. For comparison, three dozen countries have armies that surpass the strength of uniformed and civilian peacekeepers, and five countries have more than 1 million soldiers each.
In March 2010, the number of troops, military observers, and civilian police reached the highest level ever, at 101,939. It has remained at just below the 100,000 mark since then.
Poor countries, especially from South Asia, contribute the bulk of peacekeepers. Decisions to establish, expand, or terminate a peacekeeping operation are taken by the members of the Security Council. But among thefive permanent members, only China is making a substantial personnel contribution with 2,186 peacekeepers. Together, the "Perm-5" account for less than 4 percent of total UN peacekeeping forces.
The Perm-5 do account for a substantial share of the funding. They and other top 10 contributors provided over 80 percent of the total budget in 2013, with the United States and Japan alone accounting for almost half of that (39 percent). The next four—France, Germany, the United Kingdom, and China—contributed nearly 28 percent, while Italy, Russia, Canada, and Spain paid another 13.5 percent.
Today, the United Nations is far from the only organization that dispatches peacekeepers. Various types of non-UN missions can be found in all regions of the world, although they sometimes work in conjunction with the Blue Helmets of the United Nations. Altogether, UN and non-UN missions deployed about 251,000 people in 2013, about 213,000 of whom were military personnel.
"Peacekeeping missions of various stripes have become a steady presence in several regions of the world," said Renner, the study's author. "Although they are not necessarily making the world a more peaceful place—with the exception of the small Organization for Security and Co-operation in Europe missions, they are only dispatched after a conflict weighs on the conscience of global decision makers—they fulfill an important role in trying to bring a semblance of peace and order to troubled areas."
Further highlights from the report:
- The number of civilians involved in peacekeepinggrew from 8,430 in January 2000 to a peak of 22,616 by December 2010, but then fell below 19,000 in the last two years.
- In addition to peacekeeping operations, there are also several "political and peacebuilding" missions with mostly civilian staff. In January 2014, there were 13 such missions (typically, follow-up efforts once a peacekeeping mission comes to a close) in Africa, the Middle East, and Western Asia, with a total of 3,810 personnel.
- During six-and-a-half decades of peacekeeping, 3,211 peacekeepers have been killed on duty, including more than 1,400 fatalities in the currently active missions.
- In January 2014 the largest missions, in terms of both expenditures and personnel, were operations in the Democratic Republic of the Congo (with 25,723 people and a budget of $1.5 billion) and in Darfur, Sudan (with 23,754 people and a budget of $1.3 billion).
Notes to Editors:
For more information and to obtain a complimentary copy of "Peacekeeping Budgets Equal Less Than Two Days of Military Spending," please contact Supriya Kumar at email@example.com. Click here to preview the trend.
About the Worldwatch Institute:
Worldwatch is an independent research organization based in Washington, D.C. that works on energy, resource, and environmental issues. The Institute's State of the World report is published annually in more than a dozen languages. For more information, visit www.worldwatch.org.
About Vital Signs Online:
Vital Signs Onlineprovides business leaders, policymakers, and engaged citizens with the latest data and analysis they need to understand critical global trends. It is an interactive, subscription-based tool that provides hard data and research-based insights on the sustainability trends that are shaping our future. All of the trends include clear analysis and are placed in historical perspective, allowing you to see where the trend has come from and where it might be headed. New trends cover emerging hot topics—from global carbon emissions to green jobs—while trend updates provide the latest data and analysis for the fastest changing and most important trends today. Every trend includes full datasets and complete referencing. Click here to subscribe today to Vital Signs Online.


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Young children are fascinated by electronic toys that make fun sounds and have unique features. Many electronic toys made by VTech are not only entertaining but are designed to teach kids and help them develop their senses. We have a wide selection of baby accessories that includes mobiles, rattlers, and soothers for children up to 6 months. VTech also carries bath toys, crawl balls, musical toys, touch phones, and other fascinating products for babies up to 1 year. Toddlers and preschool-age kids will like the reading toys, discovery tables, and laptops.
BabyGiftsOutlet.com is your one stop shop for all your baby product and baby gift needs. We bring the highest quality products from trusted brands and manufacturers at affordable prices so that you can be rest assured that you get the most for your money. Feel free to browse our large selection of baby gifts by narrowing down the color, brand, and price range that fits your needs for your baby.


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Tuesday, March 27, 2012
Hand in Hand, Crafting with Kids
I've been waiting for over a year now for the book Hand in Hand to come out. Now that it's here, I can finally share about it with you. Jenny Doh of Crescendoh asked 19 bloggers including myself to contribute a unique kid craft for the book. Along with 20 craft projects, the book also profiles our creative lives with photos and our thoughts on creativity.
For Hand in Hand I created a paper bracelet craft. Can you guess the main supply I decorated it with? Hint: it's one of my favorite mediums to work with.
Here's just one of many crafts that caught my eye in the book, plush animal cushions. This project is by Jhoanna Monte of One Red Robin.
My daughter has already gone through the book and has plans on making a thaumatrope by Mummysam. I always find it interesting to see what craft projects appeal to my children. It's one more insight into their personalities.
Want to learn more about the book? Here's a complete list of all the contributing bloggers:
Jackie Boucher, Samantha Cotterill, Jenny Doh, Maya Donenfeld, Ali Edwards, Rachel Faucett, Pam Garrison, Abby Glassenberg, Cindy Hopper, Beki Lambert, Merrilee Liddiard, Jhoanna Monte, Ella Pedersen, Carly Schwerdt, Amanda Blake Soule, Nicole Spring, Jean Van't Hul, Dana Willard, and Kristin Zecchinelli.
8 comments:
- Joy said...
Oh wow! How awesome! I'll have to definitely get this book, maybe even request for my library to get it for our collection!
For the decoration...is it washi tape?
- March 27, 2012 at 10:46 AM
- Michelle L. said...
Congrats on the publication - you and kids look fabulous and so does your cute project. Washi tape?
- March 27, 2012 at 3:55 PM
- KJ@letsgoflyakite said...
congratulations to you!! what an accomplishment and honour, I am so glad you were included. I will definitely add it to my book list.
- March 28, 2012 at 3:55 AM
- Deanna said...
Looks like a great book! Love the photos of you and your kids! I'll def be putting this one in my Amazon shopping cart. :)
- March 28, 2012 at 1:44 PM
- Caca said...
washi tape! very nice photos of you and your kids.
- March 29, 2012 at 2:17 AM
- carla said...
Congratulations on being featured in a real live book ~ Wow!
- March 30, 2012 at 9:45 AM
- Jhoanna said...
Excited to be in this book with you! My daughters are looking forward to making your paper bracelets :-)
- April 2, 2012 at 2:08 AM
- Lisa U said...
That's so cool! Congrats on being featured in a book!
- April 5, 2012 at 12:37 PM
Click here to visit the new site.


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Worn as an outer layer or underneath a shell, the Kelvin Lite Hoody is built for lightweight, all-over warmth. Filled with 80 g/m2 of PrimaLoft® Hi Loft Insulation to keep you toasty, the hoody is constructed with four-way stretch side panels to provide unsurpassed mobility and breathability.
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Body // Primaloft® Hi-Loft 80 g/m2
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SITKA Gear | 09.27.2017
As mountain hunters, we are conditioned to brave the elements. This is precisely why our apparel systems receive so much attention.
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Layering is a science with our CORE system of next-to-skin products. Each of the fabric weights—light, mid, and heavy—wicks away moisture to keep you warm and dry, while Polygiene® technology safely and permanently neutralizes odors using naturally antimicrobial silver salt.


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100 years ago
january 4, 1913
T.P. Burkert came in this morning and paid his Record subscription for about the 42nd time. He has been a subscriber since the paper started in 1870.
Miss Edythe Martin was the winner of the $50 diamond ring given away by Sheldon's Jewelry Store to the one guessing the nearest to the length of time a big candle, on exhibition in the store window during the holiday season, would burn. The candle burned 64 hours, 10 minutes, and 6 seconds. Miss Martin's guess was 64 hours, 10 minutes, and 40 seconds. There were at least 1500 guesses.
Two prisoners escaped from the county jail Tuesday evening. It is evident that the jail is in no shape for keeping desperate men. These men had help from the outside, someone having passed a small crowbar in to them and with it they pried their way through the ceiling into the bathroom and escaped. This much at least ought to be done—things should be fixed so that it will not be so easy to pass things in to prisoners.
J.H. Hoch has bought from Isaac Good the lots on the west and north of the Stone arch bridge—the lots running back to the alley line, taking in the old stone building and east to the center of the creek.
About 30 young people were very pleasantly entertained at Niels Hansen's last Saturday evening. Various games were played and refreshments were served.
Last modified Dec. 29, 2012


text: Funny relationship jokes - wonderful wife Single guys often dream of having a wise, beautiful and caring wife. But married guys think about it even more often. Adult jokes - in a bus Conversation in a bus: - You know, yesterday in a bus your wife told me such a great joke that I almost fell out of the bed. Profession jokes - executioner An interview with an executioner: - So, how long have you been working in this job? - Well, around 10 years… - And how are you doing there? - Well. no one complained so far. Daily life jokes - Boy, do you pray before you eat? - No, why should I - my mom is a good cook. Jokes about dating - magazine The announcement in a magazine: in the next issue we will be writing about to make your boyfriend a little nervous with the help of a marker and a pregnancy test. Daily life situations - in the cafe - Waiter, there's a bee in my soup! - Yes sir, the fly has a day-off Profession joke - A priest A priest tells the prayers: - We have one good news and one – bad ones. The good thing is that we have money for the repair of the church. The bad one – the money are still in your pockets.


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[media-credit name="Paul Drinkwater/NBC" align="alignright" width="270″][/media-credit]
What's bothering you most about NBC's coverage of the Olympics?
Is it the tape delay? The frustration of bumping into spoilers in the media elsewhere before watching NBC's packaged presentation? The awkward antics of Ryan Seacrest (eg. doing the splits with the women's gymnastics team)? The need to prove that you have cable service before being allowed to stream online? Or the deluge of commercials?
Whatever it is, you are not alone if you've expressed your dissatisfaction via social media. The Twitterverse is buzzing with negative appraisals of NBC's efforts. (Check #NBCfail for typical vitriol.)
Know that NBC is aware of this Tweeting beating and staffers are following the tweets as they're posted.


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Home Gospel Toons GT Tamil You are Peter!
20 July 2019; Fulfill His Will
Saturday of the Fifteenth Week in Ordinary Time Readings; Ex 12:37-42; Gospel Mt 12:14-21 Praise God. In the gospel today we see Jesus moving away from...
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Having examined some of the details about the danger of pornography let me suggest some of ways of overcoming porn addiction. One of the first...
25 Sept 2017: Torch Bearer
Monday of the Twenty-fifth Week in Ordinary Time Reading 1: Ezr. 1: 1-6; Gospel: Lk. 8: 16-18 Introductory Prayer: Lord, you dwell in brightness, truth, and love....


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Houston's same-sex benefits stand, for now
Married same-sex couples will continue to receive health and life insurance benefits from the city of Houston, a federal judge ruled Friday, pending the outcome of an appeal in a separate lawsuit.
Days after being elected to her third and final term last November, Mayor Annise Parker announced Houston would extend employment benefits to the spouses of all married employees, gay or straight.
Relying on a legal opinion from City Attorney David Feldman, Parker said it would be a liability for the city to enforce an unconstitutional ban on such benefits following the U.S. Supreme Court's ruling last summer that the federal Defense of Marriage Act is unconstitutional.
Parker's policy change spurred two lawsuits.
The first lawsuit came from conservatives, who argued the policy change violates Houston's city charter, the state's Defense of Marriage Act and the Texas Constitution. A state district judge quickly signed an order preventing the city from offering the benefits, but that order was lifted in January after the city moved the case to federal court. On Thursday, U.S. District Judge Lee Rosenthal moved the proceedings back to state court, saying she did not have jurisdiction over the case, but adding that "the substantive issues are likely to be decided, in a federal forum, regardless of this remand."
The second lawsuit came from city employees whose benefits were denied by the temporary restraining order. U.S. District Judge Sim Lake on Friday granted the plaintiffs' motion to leave Houston's same-sex benefits in place pending a ruling from the U.S. 5th Circuit Court of Appeals on whether Texas' Defense of Marriage Act is constitutional. A federal judge in San Antonio in February ruled the law unconstitutional.
Feldman and Parker, the first openly gay mayor of a major American city, argue the state's ban is superseded by the recent federal actions related to same-sex benefits.
The Friday court ruling allowing Parker's policy change to stand, at least temporarily, means same-sex marriages conducted in any jurisdiction where the act is legal, including foreign countries, 17 states and the District of Columbia, are recognized for the purpose of extending city employment benefits.


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State lawmaker wants tougher texting while driving law
As Florida drivers on Tuesday faced a new law banning texting while driving, state Sen. Maria Sachs, D-Delray Beach, unveiled a proposed bill that would toughen the existing law.
Under current law, texting while driving is a secondary offense, meaning that law enforcement authorities can't pull over a driver simply for texting; they must spot another violation. Sachs wants to change the law to make texting while driving a primary offense.
The penalties would remain the same — $30 for the first violation — but Sachs' bill would make it easier for law enforcement to ticket drivers.
Sachs released her proposed measure at a press conference at AutoNation in Fort Lauderdale. She cited multiple statistics about the dangers of texting while driving, an offense she described as more deadly than drunk driving.
"Using a cell phone while driving a motor vehicle is more dangerous than drinking alcohol, especially for young drivers," said Sachs, a former prosecutor who represents coastal Broward and Palm Beach counties.
In 2011, texting surpassed alcohol as the leading contributing factor in teen driving deaths, according to Sachs, who noted that texting while driving is six times more likely to cause death than a DUI.
"Every single day in 2011, 11 teenagers were killed in motor vehicle accidents because of mobile phones," Sachs said.
Citing federal data, Sachs said that it takes on average 4.6 seconds for a driver to receive or deliver a text. "[If] you are driving 50 miles per hour, you are covering a football field blind."
The texting while driving, said Sachs, will change the culture of motorists. She compared it to the spike in seatbelt use following laws in the 1980s that made it a violation not to wear a seatbelt.
Broward Sheriff Scott Israel said that his office will focus their initial efforts in school zones.
If nabbed, said Israel, police won't confiscate cell phones but they will obtain texting records when investigating car crashes.
The texting while driving law is new in Florida, but a majority of states have imposed such a ban for years.
Persuading Sachs' fellow lawmakers in Tallahassee to pass her bill won't be easy. It took five years for the Legislature to approve the current bill. It passed the House and Senate by large margins earlier this year.
When asked why she thought she could get a tougher law approved, Sachs said: "This is a first step."
Herald/Tallahassee staff writer Rochelle Koff contributed to this article.


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No. 88,353
1. Under K.S.A. 22-3610(a), when a case is appealed from municipal court to district court, the case shall be heard on the original complaint, unless it is found to be defective.
2. "Defective," as used in K.S.A. 22-3610(a) means fatally defective, i.e., failing to meet minimum standards of sufficiency or accuracy in form or substance.
3. The language of K.S.A. 22-3610(a) regarding amendment of a complaint is permissive. A district court may, but need not, allow amendment of a fatally defective municipal court complaint. The appellate court therefore reviews the district court's decision on a motion to amend for abuse of discretion.
4. Failure to include a severity level in a municipal court complaint for driving under the influence does not render the complaint fatally defective. Even if it did, on the facts of this case, the district court did not abuse its discretion in disallowing the City's attempt to amend the complaint after appeal to the district court.
Appeal from Sedgwick District Court, TOM MALONE, judge. Opinion filed March 28, 2003. Affirmed.
Sharon L. Dickgrafe, assistant city attorney, and Gary E. Rebenstorf, city attorney, for appellant.
No appearance by appellee.
Before BEIER, P.J., WAHL, S.J., and PADDOCK, S.J.
BEIER, J.: The City of Wichita seeks reversal of the district court's decision disallowing amendment of its complaint against defendant Christopher J. Marlett after he appealed his municipal conviction to the district court.
We must decide whether the City's failure to include the severity level for its original charge of driving under the influence (DUI) dooms its later attempt to include the appropriate severity level in the district court proceeding. We have jurisdiction pursuant to K.S.A. 2002 Supp. 22-3602(b)(3), because this issue is one of statewide interest reserved by the prosecution.
Resolution of this case requires interpretation of K.S.A. 22-3610. We thus have unlimited review. See State v. Murry, 271 Kan. 223, 224, 21 P.3d 528 (2001).
K.S.A. 22-3610(a) states:
"When a case is appealed to the district court, such court shall hear and determine the cause on the original complaint, unless the complaint shall be found defective, in which case the court may order a new complaint to be filed and the case shall proceed as if the original complaint had not been set aside." (Emphasis added.)
In other words, if a complaint that fails to allege the appropriate severity level for a DUI charge is "defective," the City was entitled to amend the complaint against Marlett on appeal to the district court. If not, the City was properly forced to live with its mistake.
The district court relied on State v. Masterson, 261 Kan. 158, 929 P.2d 127 (1996), and State v. Larson, 265 Kan. 160, 958 P.2d 1154 (1998), to rule that the City's original complaint had not been defective. The judge also ruled that allowing the City to amend its complaint would violate Marlett's due process rights based on Blackledge v. Perry, 417 U.S. 21, 40 L. Ed. 2d 628, 945 S. Ct. 2098 (1974).
In Masterson, the State charged the defendant with violation of "[K.S.A.] 8-1567 Class A or B misdemeanor or Severity Level 9 Felony, to be determined at sentencing." At the bond hearing, the State said it would be trying a B misdemeanor and amended its complaint to reflect this plan. At sentencing, the State asked the court to sentence the defendant as a second offender, i.e., as if he had been convicted of a class A misdemeanor, because it had learned the defendant had a prior DUI diversion at the time the complaint was filed, and the defendant's record of prior offenses should be relevant only for determining the severity level of the crime charged. The district court disagreed and sentenced the defendant for a class B misdemeanor.
The State appealed, arguing the defendant should have been sentenced as a second-time offender. The Kansas Supreme Court affirmed. Although proof of a prior conviction was not an element of the offense, "a defendant is entitled under due process to notice in the information or complaint of the severity level of the DUI offense being charged . . . ." 261 Kan. at 163.
The holding in Masterson was extended to charges and convictions in municipal court and their appeals in City of Dodge City v. Wetzel, 267 Kan. 402, 410, 986 P.2d 353 (1999). There, the Kansas Supreme Court effectively reversed the district court's decision to grant the City of Dodge City's motion to correct the defendant's sentence for DUI from that due a first-time offender to that due a second-time offender, even though the City had not given notice of the severity level of the crime charged. 267 Kan. at 410.
Next, in Larson, the Kansas Supreme Court clarified the implications of Masterson when the defendant's motion to arrest judgment was granted because the State had failed to plead the severity level of his DUI offense. The State argued it had never attempted to prosecute the defendant for anything other than the lowest level of DUI offense, a class B misdemeanor; thus the defendant was not prejudiced by the omission. The Kansas Supreme Court agreed and held: "The State's failure to include a crime severity level in the amended complaint does not render the conviction void. Rather, it restricts the sentence to that appropriate to a B misdemeanor, the lowest crime severity level for the offense of driving under the influence." Thus, the district court's arrest of judgment was reversed. 265 Kan. at 164-65.
In apparent response to Larson, the City argues that K.S.A. 22-3610 does not require that a complaint be fatally or constitutionally defective, i.e., void, to allow amendment. Rather, the statute regards more minor defects as correctable by amendment. The City relies on a case from the beginning of the 20th century, Topeka v. Durein, 78 Kan. 661, 97 Pac. 967 (1908), in which the defendant was convicted in "police court." He appealed to the district court and was tried on an amended complaint and found guilty a second time. The defendant again appealed, arguing such an amendment was not permitted.
At that time, the statute governing amendment of the complaint on appeal stated: "'On the trial of said cause in the district court, should the complaint be quashed or set aside for insufficiency, or for any other reason, the same may be amended or a new complaint filed, in like manner as in appeals from justices of the peace.' [Citation omitted.]" The defendant contended the statute should be strictly construed and the City should not be allowed to amend a complaint that was sufficient or that had not been set aside.
The court ruled against the defendant, stating he was not harmed by the amendment and commenting on the statute:
"If read literally, this seems to say that no amendment shall be made except when the original complaint is determined to be insufficient, but the language used in that connection plainly results from the assumption that the prosecutor will not desire to change a pleading which is already without defect. It certainly was not intended to prevent any changes that might be considered advisable, even if not absolutely necessary, nor has it ever received such an interpretation." 78 Kan. at 662-63.
We find Durein less than persuasive, given its age and the variation in statutory language.
Our court has defined a defective complaint as one that fails to "'meet minimum standards of sufficiency or accuracy in form or substance.'" City of Topeka v. Mayer, 16 Kan. App. 2d 567, 568, 826 P.2d 527, rev. denied 250 Kan. 804 (1992). The Mayer court held that while on appeal to the district court, the City of Topeka could amend its complaint to change language indicating the defendant's dog bit a person off the defendant's premises to indicate the bite occurred on the defendant's premises to conform to the evidence. This fatal defect could be corrected.
This does not get the City where it wants to go in the case at bar. The original complaint against Marlett met "minimum standards of sufficiency or accuracy." It merely could have been more complete or descriptive.
We also note that the language regarding amendment in K.S.A. 22-3610(a) is permissive. A district court may order a new complaint to be filed; it need not. This indicates such an order would be discretionary, see State v. Woods, 250 Kan. 109, Syl. ¶ 4, 825 P.2d 514, cert. denied 506 U.S. 850 (1992), and we will not find an abuse of discretion unless " judicial action is arbitrary, fanciful, or unreasonable, which is another way of saying . . . only if no reasonable person would take the view adopted by the trial court." Woods, 250 Kan. 109 at Syl. ¶ 5.
Here, the record demonstrates the district court had good reason to refuse to allow the City's amendment. At the hearing on the City's motion, the district court learned why the City had not included the severity level when the case was in municipal court. According to the prosecutor, the City had no system in place to verify that defendants were charged correctly before they entered pleas.
"[P]eople can run in, plead guilty right away on a Complaint that does not allege a second [DUI conviction]. . . . They may know that they have prior . . . DUIs, so they run in, they plead to a first, appeal it, and then it can never . . . be amended at that point . . . , and that defeats the whole argument for enhanced sentencing. The worst of the worst . . . get off, basically get a benefit from this . . .
. . . .
"Pleas are taken on dockets where prosecutors don't even appear. They can be made at first appearance. . . . [A]ll you have is what's written on the Complaint that's made out by the officer in the case of the traffic ticket. I suppose there could be some sort of requirement that everything has to be filtered through, placed on a docket, no pleas will be taken until everything's had a chance to be investigated . . . ."
In other words, in Wichita, all second-time DUI offenders who simply plead guilty and do not appeal are apt to receive a lesser sentence than that required by statute, while those who have the audacity to contest the charge in municipal court and/or appeal a conviction to district court are subject to the background investigation that should have been done by the City in the first place, as well as the more serious charge and sentence to which such an investigation exposes them. The district court's conclusion that this system requires attention and improvement is reasonable, as was its decision to motivate change by exercising its discretion to deny the amendment.
Because we agree with the district court's holding that the original complaint was not "defective" under the statute as that term is currently understood, and because the district court's exercise of its discretion to deny the amendment was reasonable, we need not reach the second argument on appeal regarding constitutional due process.


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Them Eyebrows Are High As A MF: Tyrese Jokin On Some Random Non-English Man Who Got His Brows Touched Up!
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All Hail the King, the 2009 Harley Davidson Road King Looking at the profile view of the 2009 "Harley Davidson" Kelių karalius, there is the sense that one is looking at the apotheosis of motorcycling. The 2009 Harley Davidson Road King is the one bike young children name first when guessing what a motorcycle is. Is it a Road King? Regardless of whether the bike is in fact a Harley Davidson or not. The 2009 Harley Davidson Road King for this model year features a redesigned frame, sustabdymas, and wheels, among other components, together creating a more agile, rider-friendly Road King that looks as good as it performs. The 2009 Harley Davidson Road King also receives Harley's redesigned isolated ...Skaityti visą straipsnį »
The 2009 "Harley Davidson" Kelių karalius – Yahoo balsai – voices.yahoo.com
2009 Harley-Davidson FXDFSE CVO Dyna Fat Bob-Harley Davidson
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2007 Harley Davidson FLHRSE3 Screamin' Eagle� Road King� Reprised for 2007 with more power, more gears and more drop-dead custom glamour than ever, the Screamin' Eagle Road King returns to the Harley-Davidson Custom Vehicle Operations (CVO) linija. This third-generation Screamin' Eagle Road King combines classic Harley-Davidson styling with a new Twin Cam 110T 1800cc engine, six-speed Cruise DriveT transmission, active intake and exhaust system and exclusive custom components and paint that make it an extraordinary touring motorcycle. Maždaug 3,500 examples of the 2007 Screamin' Eagle Road King will be assembled at the York Vehicle Operations facility. The Screamin' ...Skaityti visą straipsnį »
2010 Harley-Davidson XR1200X motorcycle photo and specifications, kaina…
2010 Harley-Davidson XR1200X motorcycle soon Wednesday, Rugpjūtis 5, 2009, 19:57 by Auto Correspondent Harley-Davidson has come up with a promising addition to the 2010 metų modelis, the 2010 Harley-Davidson XR1200X motorcycle. 2010 Harley-Davidson XR1200X photo The motorcycle will be launched in the European, American and Middle Eastern markets, į 2010. Harley-Davidson's 2010 model line-up will also include an updated Electra Glide, Fat Boy, and an all-new Dyna Wide Glide model. The Harley-Davidson XR1200 series was launched in 2008, and was inspired by the very popular Harley-Davidson XR750. "Inspired by one of the world's most successful racing machines, the iconic XR750, the XR1200X ...Skaityti visą straipsnį »
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Harley Davidson XL-883L Sportster Hits India! 2010 Harley-Davidson Sporster 1200Low -XL1200L – hog-crazy.freehostia.com – Click on image to download a full-sized desktop wallpaper version Harley Davidson intoduces it's flagship motorcycle model the Harley Davidson XL-883 Sportster . India has welcomed the arrival of the motorcycle manufacturer's line of motorcycles and the Harley Davidson XL-883 Sporster is a big hit! India loves the entry level motorcycle from America's motorcycle manufacturing icon, Harley Davidson has been a household name in the USA for over 100 metų!! Harley Davidson Motorcycles. the US based Cruiser Motorcycle Giant that dominates all international ...Skaityti visą straipsnį »
Harley-Davidson Sportster Forty-Eight
Motorcycles One of the most distinctive styling elements of the Forty-Eight is the peanut tank. And as a tip of the hat to the year the tank was introduced, Harley named the new for 2010 Sportster the Forty-Eight (never 48). Background of The Harley-Davidson Forty-Eight The inspiration for the Harley-Davidson Sportster Forty-Eight predates the first Sportster model, introduced in 1957. Based on the German DKW RT 125. Harley introduced the S-125 in 1948. One of the distinctive features of the S-125 was the 1.875 gallon peanut fuel tank. By 1952 the capacity of the tank had been increased to 2.1 galonų, and when Harley-Davidson introduced the Sportster family in 1957 they were fitted with ...Skaityti visą straipsnį »
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Custom Performance To Be Michelin Trackside Tire Vendor In 2014
Custom Performance To Be Michelin Trackside Tire Vendor In 2014 2014, Roadracing Pasaulio leidyba, inc. From a press release issued by Custom Performance, Inc: Custom Performance Inc. to partner with Michelin as trackside vendor for CCS/ASRA/WERA series in 2014. Custom Performance, located in Fredericksburg, VA, is proud to announce its partnership with Michelin USA for the 2014 race season. Custom Performance will be representing the Michelin brand as the official trackside provider for the CCS/ASRA Mid-Atlantic and Atlantic race series to include the events at VIR, Summit Point, and NJMP. Custom Performance will also service a few select WERA regional events. Be, Custom Performance ...Skaityti visą straipsnį »
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KTM 250 SX-F 2012: Elektriniai Oranžinė! Balandis 29, 2012 | Filed under: KTM | paskelbtas: Rana Abaidullah This year the 4-stroke KTM Cross range change only very little: the only major new feature is found on the side of the KTM 250 SX-F, which in turn adopts an electric starter. The apparition the magic button changes he faces Finalist for our 2011 compare Cross? Here's our verdict… KTM 250 SX-F 2012: Test Finalist in our survey 250 Cross 2011, the 250 SX-deserved clinched second place, tied with the Suzuki RM-Z 250. For this vintage 2012, KTM does not really give it his 250 SX-F, but given the success of the electric starter on the 350 ir 450, why not share it with the youngest of the ...Skaityti visą straipsnį »
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Pace wins Ladies Open by 1
Belek, Turkey – Lee-Anne Pace carded a 1-under-par 72 on Sunday and won the Turkish Airlines Ladies Open by a single stroke.
Pace began the day two shots back and rallied to finish at 3-under 289 for her sixth LET title and first since 2010.
Overnight leaders Charley Hull and Carlota Ciganda both shot final-round 75s, with the latter narrowly missing a playoff when her 25-foot birdie putt lipped out at the last. The pair finished tied for second place at 2-under alongside Minea Blomqvist, who carded a final-round 70 at National Golf Club.
"My heart stopped for a while, for a beat, but you know, if it happens, it happens. We may have had to go to a playoff but I was just hitting some putts and trying not to look," said Pace, 32. "It's so nice to win again. It's been a while and to do it again is fantastic."
Two-time defending champion Christel Boeljon (75) ended alone in fifth place at 1-under, while Holly Clyburn (72), Eleanor Givens (73), Trish Johnson (75) and Florentyna Parker (75) tied for sixth at even-par 292.


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OCEAN CITY — Congressman Frank Kratovil's mouth literally hung open as he stared at what the so-called "storm of the decade" had washed away from the shoreline of Ocean City. In that moment, he summed up what locals have already been saying since the sun came out and the storm had passed: "can you imagine what this would look like without the dunes?"
City Engineer Terry McGean and Mayor Rick Meehan took Kratovil on a tour north and south the beach last Friday morning, pointing out the areas that were hardest hit, such as the heavily eroded stretch of beach from 143rd-145th streets, and showing up close and personal evidence to why the often contested multi-million dollar beach replenishment project is warranted.
Kratovil (D-1st District) asked numerous questions over the course of the 90-minute ride, but for the most part listened intently to McGean's proverbial four-wheel drive presentation on the resort beach, and the congressman was visibly awestruck by the substantial beach erosion up and down the coastline, but most notably when driving past the block where his summer beach house sits.
"I know this beach well, and it doesn't even look like the same beach that I bring my family to when we come to Ocean City," said Kratovil. "It looks like the dunes did the job though, and thank God that they were there because seeing it up close like this shows just how terrible the damage could have been."
McGean pointed out to Kratovil that despite the erosion and the limited access to even get out onto the beach in Ocean City last week, the day that Kratovil took the tour looked far better than what it did in the days just following the Friday the 13th storm.
"I've actually taken this drive up and down the beach about seven times, and I am amazed by how much the Public Works Department has cleaned up, because if you would have been on this beach the day after the storm, it looked like a war-zone," said McGean.
Kratovil, along with numerous other politicians, had pledged their support to Ocean City in the early days and weeks following the storm, according to Meehan, and the mayor used the opportunity to explain the importance of the project, which has had its share of opponents since its 1991 inception.
The total cost of the beach replenishment program, which consists of beach, dune and seawall projects shared between the town, county, state and federal governments, has a price tag of almost $90 million to date.
The town had allotted $500,000 in the budget for the planned 2010 replenishment, which happens every four years, and is assessed on a semi-annual basis by the Army Corps of Engineers.
The 2010 project would be the sixth time (1992, 1994, 1998, 2002 and 2006 are the others) that the beach would be replenished, creating a barrier by the dune that would protect the town's $10.5 billion in assessable property from storms like the Friday the 13th storm.
McGean said that the town would be meeting with FEMA, MEMA and the Army Corps of Engineers this week to determine the exact scope of this spring's project, but conceded that it would be increased due to the storm.
"What we had planned is going to have to change and the quantities are going to have to increase," said McGean. "After the meetings, they are trying to figure out what type of funding is available for the future and to complete the additional scope of this project."
Meehan said that the good news is that since the Army Corps of Engineers had everything planned for the upcoming nourishments, officials would have the data to accurately assess exactly what was lost in the storm, thus making the time table for replenishment all the more quick.
Kratovil and Meehan ironically had taken a similar tour of the beach just a year ago, but the scene was much different this time around, and Meehan said afterwards that the aesthetic message to Kratovil was probably even more emphasized because of that.
"[Kratovil] saw the dune when it was probably at it's highest point when we took this same ride a year ago, and he knows Ocean City, and has a vested interest in the town," said Meehan. "I hope that he'll be able to go back [to Washington] and gain support for not only the project itself, but to tell how the project probably saved a lot of properties."
The estimated damages prevented by the beach replenishment project since its inception is reportedly in the realm of $238 million, according to town data, and the amount paid into the project based on the 50-year agreement which calls for a cost sharing between Ocean City ($11 million paid in), Worcester County ($11 million), the state of Maryland ($24 million) and the federal government ($44 million).
McGean said that FEMA is keeping mum about offering any financial assistance until, at the very least, the Army Corps of Engineers finishes an assessment of the damages and announces the fully amended scope of the 2010 project.
At the end of the day, Kratovil left with a striking visual of what happened in Ocean City, calling it "truly unbelievable" and as he pledged his continued support to Meehan and the rest of Ocean City, local officials hoped that the project's worth will be a bit more undeniable. Time will tell if that's the case.


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Air Force Airman Jason A. Storck graduated from basic military training at Joint Base San Antonio-Lackland, San Antonio, Texas. He completed an intensive, eight-week program that included training in military discipline and studies,
Air Force core values, physical fitness, and basic warfare principles and skills. For more information, see the March 20 edition of the Mount Vernon Optic-Herald.


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As I've noted before, we have a saying in the south that often applies to national politics: "A hit dog will holler":
A hit dog will holler: when a group of folks find themselves in a troublesome situation, more often than not, the troublemaker speaks up first to clear his name.
… This phrase also works if you are speaking truth in a situation that offends one or more people and they speak up in offense. You've hit a nerve (it hurts) and they holler, much like when a dog is hit by a vehicle. All of his nerves have been hit, so he hollers. That's how you get, a hit dog will holler. The proper response is "every time."
Well, Vice President Joe Biden rolled up his rhetorical newspaper and whacked the GOP ticket squarely upon its hindquarters. And boy, did they holler.
It all started when Biden told a predominantly African American audience that Mitt Romney's and Paul Ryan's policies would "unchain Wall Street" and "put you all back in chains."
The remark came roughly two-thirds of the way through Mr. Biden's 30-minute speech, which was delivered to a crowd that included many African-Americans at the Institute for Advanced Learning and Research in Danville, Va.
"Romney wants to let the — he said in the first hundred days, he's going to let the big banks once again write their own rules, unchain Wall Street," Mr. Biden said. "They're going to put you all back in chains."
On a C-Span video of the speech, the audience does not appear to react negatively to Mr. Biden's phrasing; indeed, laughter can be heard among the crowd.
The response from conservatives was predictable, up to and including calls for Biden to apologize and even to step down as Vice President. John McCain — who might be well advised to keep quiet, let anyone revisit his pick for VP — suggested President Obama drop Biden from the ticket and draft Hillary Clinton.
To their credit, neither the President not the Vice President has listened to their would-be advisers on the right. Instead the President defended his VP's remarks, and Biden himself doubled-down on that dose of truth that conservatives found so hard to swallow.
"We don't have to imagine anymore. The details are there. Here's what Congressman Ryan said. He said, 'We believe a renewed commitment to limited government will unshackle our economy.' The Speaker of the House said, used the word 'unshackled' as well, referring to their proposals. The last time these guys unshackled the economy, to use their term, they put the middle class in shackles. That's how we got where we are," Biden said in Wyethville.
"I'm told that when I made that comment earlier today in Danville, Virginia, the Romney campaign put out a tweet. You know, tweets these days? Put out a tweet, went on the airwaves saying, 'Biden, he's outrageous in saying that,' I think I said instead of 'unshackled,' 'unchained.' 'Outrageous to say that.' That's what we had. I'm using their own words. I got a message for them. If you want to know what's outrageous, it's their policies and the effects of their policies on middle class America. That's what's outrageous," Biden added.
Conservatives cried foul, but have not yet cited any evidence that the vice president was wrong. And I don't mean in the literal sense, though it might be a stretch for conservatives like Peter Beinart to consider that Biden did not literally mean that "Romney, who once claimed (falsely) that his father marched with Dr. Martin Luther King, Jr., plans to bring back slavery." (It makes sense, though, that a party that either defends slavery or labels anything it doesn't like as "slavery" — was too cowardly to face up to the reality of slavery in the constitution — wouldn't see the deep irony here.)
Romney may not want to "bring back slavery" exactly (more on this in a bit), but he does support policies that would bring back at least one of reality of the old days: Black disenfranchisement. Both Michael Tomasky and Al Sharpton have written about the legislative assault on the voting rights of the poor, African-Americans, Latinos, and anyone else that doesn't fit the GOP demographic.
Tomasky makes it plain: the GOP is out to block the Black vote.
The more you wrap your mind around it, the more astonishing the moral deficiency becomes. Think about it. Every election come the warnings that if you haven't paid your telephone bill yet or what have you, you won't be permitted to vote. Something that like, which I saw all the time in New York City, can be pulled off by a handful of ne'er-do-wells, and the party leaders themselves can maintain plausible deniability.
But what's going on around the country this year requires the assent of officialdom. This is a conspiracy of thousands of people, Republican Party operatives in every state in the country (except those where the black vote is small enough not to matter), all of them agreeing that denying the most fundamental civic right to a group of citizens because they vote the wrong way is a good idea—and knowing that they can get away with it because, after all, it's "just" "those people." Imagine that Democrats had decided to proceed along these lines in America's rural precincts. Something tells me that the country's great law-enforcement agencies and media institutions would have managed to get to the bottom of it then—and that the Democratic Party would have ended up all but destroyed.
…It's a sick and sickening situation, and it delegitimizes everything else about the Republican Party. I can understand how someone believes in limited government or low taxes. I can understand how someone could oppose affirmative action. I cannot understand how any individual can be anything other than abjectly ashamed to be associated with a political party so thuggish as to try to rig elections like this and then at its conventions have the gall to invoke Abraham Lincoln and hire lots of black people to sing and dance and smile, to make up for their absence among the attendees. A black mark indeed.
Al Sharpton heard from the horse's mouth the method behind the madness:
Last week, Florida's former Republican Party Chairman Jim Greer appeared on my TV show, Politics Nation on MSNBC, and candidly discussed how the GOP in his state systematically pushed for harsh new voter ID laws in order to suppress the vote — specifically that of African Americans and young people. Blowing the lid off of insider meetings, Greer said his party gave up on courting minority voters and instead began seeking methods to disenfranchise and purge as many of them from participating as possible. He confirmed what some of us have long argued, and he provided a backdrop into what is transpiring all across the country in advance of the upcoming presidential election. Well today, in the battleground state of Pennsylvania, a judge ruled in favor of upholding the draconian Republican-supported voter ID law. This outrageous ruling is a slap in the face to democracy, and a slap in the face to all those who sacrificed so dearly in order to secure our liberties.
In what can only be described as a shocking and appalling ruling, Commonwealth Judge Robert Simpson has sided with those who would seek to disenfranchise hundreds of thousands of otherwise eligible voters just a few months before Election Day. While Simpson said he was disturbed by statements made by Pennsylvania state House Majority Leader Mike Turzai (who openly said voter ID laws would allow Gov. Romney to win Pennsylvania), he believed that state officials would be able to enforce these laws in a "nonpartisan, even-handed manner." But http://www.huffingtonpost.com/rev-al-sharpton/pa-voter-id-ruling-a-slap_b_1784374.html?utm_hp_ref=politics.
As I noted earlier, Mitt Romney likes Voter ID laws.
Mitt Romney likes voter ID laws. People who don't like Black people like voter ID laws. As Harold Meyerson points out, that's because of what might happen if Republicans' voter suppression works.
Suppose Mitt Romney ekes out a victory in November by a margin smaller than the number of young and minority voters who couldn't cast ballots because the photo-identification laws enacted by Republican governors and legislators kept them from the polls. What should Democrats do then? What would Republicans do? And how would other nations respond?
…If voter suppression goes forward and Romney narrowly prevails, consider the consequences. An overwhelmingly and increasingly white Republican Party, based in the South, will owe its power to discrimination against black and Latino voters, much like the old segregationist Dixiecrats. It's not that Republicans haven't run voter suppression operations before, but they've been under-the-table dirty tricks, such as calling minority voters with misinformation about polling-place locations and hours. By contrast, this year's suppression would be the intended outcome of laws that Republicans publicly supported, just as the denial of the franchise to Southern blacks before 1965 was the intended result of laws such as poll taxes. More ominous still, by further estranging minority voters, even as minorities constitute a steadily larger share of the electorate, Republicans will be putting themselves in a position where they increasingly rely on only white voters and where their only path to victory will be the continued suppression of minority votes. A cycle more vicious is hard to imagine.
That "vicious cycle" could be the GOP's answer to its "white man problem". No need to worry about being too "old, white, and fat." Just make sure that only the "right people" vote. Voila! Demographic suicide averted.
Mitt Romney believes that more Black folks would vote for him, if they knew what was good for them. Until we do, he apparently believes fewer of us should vote.
While he might not be calling for the repeal of the 13th amendment, or a reversal of the Dred Scott decision, the policies backed by Romney and the GOP have already reversed generations of Black economic gains.
Romney's history alone doesn't inspire confidence that his policies would even get the African-American unemployment rate down to the same level as the national unemployment rate.
Remember, this is a guy who touts his business experience as his main qualification for the presidency. But Romney was an "outsourcing pioneer," as well as a "vulture capitalist," who created more jobs in China than he created here (most of which were low-wage, and offered no path to middle class-status).
How many of the jobs Romney made millions outsourcing, or helping other companies outsource, while at Bain Capital belonged to African American men, who were over represented in those jobs, and thus disproportionately impacted by the loss of those jobs?
The public sector is bleeding jobs at the state and local level — more than 600,000 since 2009 — as a direct result of three years of de facto austerity forced on city and state governments by conservatives as conservatives obstructed any form of economic stimulus that might have aided state and local governments, including money to help states and municipalities retain or rehire teachers and first-responders, and even opposed a smaller bill to help keep teachers in the classroom. Mitt Romney has joined his party's war on public sector workers, declaring the America needs fewer teachers, police officers, and fire fighters.
How many of those public sector jobs were filled by African Americans — men and women (especially women) who have hit hardest job by the public sector job loss that's decimating the black middle class?
African Americans were targeted and sometimes pushed into subprime loans, and many are now struggling with financial burdens of debt and destroyed credit that may last generations, because of the same financial sector deregulation that Republicans want to bring back, and that Mitt Romney championed in his speech to the NAACP.
As he wrapped up his speech, Mitt Romney made it clear that he would he would be a "severely conservative," and will continue the same conservative policies, the same disastrous consequences for African Americans. The same conservative obstruction and intransigence that choking off the recovery will leave African Americans in the red.
Romney alone is bad enough, but now he has a running mate. Paul Ryan as VP would be a nightmare for the poor and minorities.
A vice president is now directly involved in discussing, implementing and even helping to formulate domestic and foreign policy. Vice-Presidents chair presidential committees and commissions. They are consulted and make recommendations on major policy decisions and changes. They are often the hit men on controversial policy issues and during elections they are on the campaign trail to say what the president often can't say. Clinton's VP Al Gore and Bush's VP Dick Cheney played the role of advisor and point man on key issues. Obama VP Joe Biden plays the same role. In any case, the VP is now often right in the center of presidential politics and the national political debate.
Ryan would be even more at the center of that debate and decision making. He was picked in large part not to balance the Romney ticket, but because of his budget hammering big stick. A Romney White House will not only listen to him, but rely heavily on him on policy decisions involving spending slashes, almost all of it involving crucial domestic programs.
This would come at the worst possible time for the poor and minorities. The poor are not only getting poorer, they are also more numerous than any time in the last half-century and have slipped even further behind in wealth and income disparities. Other reports repeatedly confirm that a disproportionate number of the poor are blacks and Hispanics. The single biggest reason for their plunge downward is the relentless pecking away at federal spending on enhancement programs in health care, education, job and skills training, and the massive cutbacks and downsizing in the public employment sector.
This has been coupled with a colossal leap in the fortunes of the rich and major corporations. Their wealth bounty has soared through a benign and porous tax and regulatory system that has given the taxpayer company store away to them. The Ryan plan would be a dream come true for them. It would shove out even more of the tax cut bounty to the wealthiest, and do absolutely nothing to insure that any of the tax cut giveaway go toward investment in new job creation. The cuts would leave the tattered safety net for the poor in even greater tatters. It doesn't take a soothsayer to predict that the number of poor will skyrocket even more under the Ryan plan.
African-Americans are still waiting for the economic recovery to "trickle down."
No one is suggesting that Mitt Romney and Paul Ryan literally want to bring back old-fashioned, antebellum-style slavery. But Russell Simmons makes an interesting point when he said that Biden was dead right, in a way that the VP himself probably hadn't intended.
The greatest cause of the destruction of the fabric of the black community in the past forty years is drug legislation that targets and imprisons those who live in under-served communities. The consequences of these draconian laws are that it takes diseased people, locks them up for long periods of time, educates them in violent criminal behavior and dumps them back into the community. The money for this operation is obviously funded by the "good old boys" who run Wall Street.
So, when Joe Biden's comment yesterday made Republicans jump out of their seats, I wondered why they were so upset. Black people certainly were not. If Republicans really want to know how to help black people, then end the war on drugs, because that really is a war against our own people. Changing those policies will start to free "the chains." Instead, these and other biased policies supported by the Republican Party disempower blacks and all other minorities in various ways. Without healthcare, quality education, equal rights for women and gays and a just tax code (that raises my taxes!), under-served communities will be hit the hardest by the election of Mitt Romney and Paul Ryan. We must do everything in our power to make sure that doesn't happen.
The chains in this case are literal. Simmons doesn't mention it by name, but the private prison industry is big business, especially in Republican-governed states like Louisiana and New Jersey. According to ProPublica, the corporation that owns the most private prison facilities (66 in all), brought in $1.7 billion in total revenue in 2011, and spent $17.4 million on lobbying over the last decade. Private prisons are a stable and growing part of the economy, and accounted for a 37% increase in the number of inmates in private prisons between 2002 and 2009.
And a number of those prisoners are black and brown. It's an old story. In Slavery By Another Name: The Re-Enslavement of Black Americans From the Civil War to World War II, author Douglas Blackmon detailed how the southern system of leasing convicts (famously depicted in the novel and movie Gone With The Wind) combined with laws "specifically intended to intimidate blacks" led to what amounted to slavery.
Under laws enacted specifically to intimidate blacks, tens of thousands of African Americans were arbitrarily arrested, hit with outrageous fines, and charged for the costs of their own arrests. With no means to pay these ostensible "debts," prisoners were sold as forced laborers to coal mines, lumber camps, brickyards, railroads, quarries and farm plantations. Thousands of other African Americans were simply seized by southern landowners and compelled into years of involuntary servitude. Government officials leased falsely imprisoned blacks to small-town entrepreneurs, provincial farmers, and dozens of corporations-including U.S. Steel Corp.-looking for cheap and abundant labor. Armies of "free" black men labored without compensation, were repeatedly bought and sold, and were forced through beatings and physical torture to do the bidding of white masters for decades after the official abolition of American slavery.
The neoslavery system exploited legal loopholes and federal policies which discouraged prosecution of whites for continuing to hold black workers against their wills. As it poured millions of dollars into southern government treasuries, the new slavery also became a key instrument in the terrorization of African Americans seeking full participation in the U.S. political system.
As Dr. Niaz Kasrav wrote at The Grio, there's a direct link between today's for-profit prisons and "society's desire — specifically in the South — to find cheap labor to replace the workforce lost to slave owners after emancipation."
Today, Blacks account for almost 40% of the prison population, while comprising only 13% of the U.S. population. Meanwhile, Hispanics account for 20% of prisoners, but comprise 16% of the U.S. population. Over all, despite a decline in violence crime, yet America's incarceration rate has tripled since 1980. That puts us in a rather dubious record book.
The accelerating rate of incarceration over the past few decades is just as startling as the number of people jailed: in 1980, there were about two hundred and twenty people incarcerated for every hundred thousand Americans; by 2010, the number had more than tripled, to seven hundred and thirty-one. No other country even approaches that. In the past two decades, the money that states spend on prisons has risen at six times the rate of spending on higher education.
Those numbers are hardly accidental. In fact, the math is pretty simple.
- State governments are caught between ever-growing budget shortfalls, balanced-budget mandates, and a GOP dominated House that refuses to send any federal aid to states.
- The corporate jailers go on a buying spree, offering states the opportunity to "outsource" the increasingly expensive detention and care of inmate populations, while demanding
- For-profit prisons contract with states to take over correctional facilities, and receive a per diem based on the number of people locked up.
- Since private prison profits grow as prison populations grow, corporate jailers takes measure to ensure a steady stream of prisoners.
- They lock in high occupancy rates, by requiring states to maintain 90% occupancy rates.
- The lobby for harsher sentences.
The private prison has spent $45 million lobbying for laws and policies that would boost prison populations and private prisons' profits. And, of course, ALEC plays a big part in lobbying for bills that prop up the private prison industry in myriad ways.
You'd have to be incredibly naive to believe that this doesn't set up incentives for state and local officials to boost the ranks of the incarcerated, especially if some them figure out how to profit personally in the process.
- Last year, Pennsylvania Judge Mark Ciavarella received a 28-year prison sentence, after being found guilty of taking a $1 million kickback from a builder of private prisons in a "kids-for-cash." Caiavarella kept private juvenile facilities full by sending children as young as ten to private lock-ups; many them first time offenders.
- Another Pennsylvania Judge, Mike Conahan, was sentenced to 17 1/2 years, for taking a $2.8 billion kickback from the builder of a for-profit juvenile detention center, in exchange for place children in the facility.
- The Department of Justice recently reported that officials in Lauderdale County Mississippi operated "a school-to-prison" pipeline that violated the constitutional rights of young people by incarcerating them for disciplinary infractions at school. The DOJ said that students most affected where African-American students and students with disabilities.
The private prison industry also makes a tidy profit from the spread of anti-immigrant laws, which have nearly doubled the ranks of immigrant detainees —to about 400,000. Nearly half of all immigrant detainees are held in private prison facilities. That means massive profits — $5.1 billion for detentions alone.
With a huge, under-paid labor force on lockdown, corporate jailers can boost their profits by selling prisoner labor to increasingly interested private employers.
So, whether he was speaking figurative or literally, it turns out Joe Biden was right.


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Do you use gloves when shooting guns? If so, what kind?
And, more specifically, do you use gloves when cleaning your guns? If so, what kind?
For me the answers flow like this. While shooting I normally do not wear any gloves. Worrying about soot and lead residue is the last thing on my mind while shooting. My rule is no drinks and food unless I wash/wipe my hands. What I do use religiously is D-Lead wipes. I have a package in my range bag as well as a second in the tool box of my truck.
They're honestly worth their weight in gold. The few times I do wear gloves it is unbelievably cold out here, read that as single digits or teens at most. Then I am wearing military style flight gloves.
While cleaning, yes, yes, and yes. Here's the trick through, buy two different types, seriously. Vinyl, Latex/Nitrile all react differently to the different solvents and other things used to clean firearms. If all you're using is standard Hoppe's No. 9 as a solvent you can get away with just using Latex/Nitrile.
In my experience though Barnes CR-10 chews up Latex and Nitrile but the Vinyl handles it well. Butch's Bore Shine eats up the Vinyl making it brittle. Further if you use things like brake cleaner to strip the oils and grease it will go through the vinyl. I recommend using a wire to hold the object and avoid your hand in general in that case. The active ingredient in Brake Kleen for example will absorb through the skin and take anything with it it's stripped off. Gloves will help prevent or slow it but that little bugger of an ingredient as it likes to go through your skin.
Wearing gloves while cleaning is important. While growing up I mainly just cleaned with No. 9 and didn't really bother with the gloves. Again you can probably get away with it but I look back on it now and it was stupid. Your skin is porous and absorbs whatever is on it. Honestly I don't want it absorbing any of that crap.
Butch's Bore Shine I think is the biggest lesson in, "Wear Gloves!" There is a warning label telling you not to use it bare handed, use of it bare handed can allow the chemicals to be absorbed and they have been known to cause liver failure.
Gloves are cheap, your body is not, when cleaning your guns at least wear latex or nitrile and expect to change them often as they break and die from the solvents.
As for cleaning my rifles I use a mix of No. 9, CR-10, and Butch's. CR-10 and Butch's both get used on the barrel. The CR-10 is much better at getting out heavy copper fouling, the Butch's does a fantastic job at getting any lead and powder out and leaving the barrel in a pristine state. Butch's takes out the copper too, it just takes forever if you have a lot of it.
The No. 9 I use on my pistols and actions to clean out the gunk and other crap that has collected up. Oil and lube it all back up and put it back together.
So yes, wear gloves when cleaning, don't worry so much about shooting. Just make sure to wipe down and wash your hands after and you'll be fine.
What say you other readers?
Barron is the owner, editor, and principal author at The Minuteman, a competitive shooter, and staff member for Boomershoot. Even in his free time he's merging his love and knowledge of computers and technology with his love of firearms.
He has a BS in electrical engineering from Washington State University. Immediately after college he went into work on embedded software and hardware for use in critical infrastructure. This included cryptographic communications equipment as well as command and control devices that were using that communications equipment. Since then he's worked on just about everything ranging from toys, phones, other critical infrastructure, and even desktop applications. Doing everything from hardware system design, to software architecture, to actually writing software that makes your athletic band do its thing.


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Two big questions were answered in the city of Clarkfield during City Council proceedings Tuesday night. First, the council voted unanimously to enter into final contract negotiations with the Yellow Medicine County Sheriff to provide full law enforcement for the city and will be disbanding their one-car police force. Prior to that discussion, however, interim Clarkfield Care Center Administrator Mike Miller announced that Charles Ness, from Cottonwood, will be hired by the management company Ecumen as the facility's new Administrator.
Two big questions were answered in the city of Clarkfield during City Council proceedings Tuesday night. First, the council voted unanimously to enter into final contract negotiations with the Yellow Medicine County Sheriff to provide full law enforcement for the city and will be disbanding their one-car police force. Prior to that discussion, however, interim Clarkfield Care Center Administrator Mike Miller announced that Charles Ness, from Cottonwood, will be hired by the management company Ecumen as the facility's new Administrator.
In the span of two hours city officials checked two major issues off the docket and put the law enforcement discussion to rest for at least the foreseeable future.
As for the vote to proceed in securing the county Sheriff to provide law enforcement services, eight mostly long-time residents, and three law enforcement officers with different stakes in the city's police discussion attended Tuesday's meeting. Clarkfield City Administrator Scott Weske made a presentation comparing and contrasting the city's options for police services. After which, YMC Sheriff Bill Flaten spoke at length on the confidence he has in his department's ability to serve Clarkfield and fielded questions from those citizens in attendance.
When all was said and done, all those who voiced their opinion agreed that the county has the ability to provide comperable, and in some instances better, service at a much lower cost than if the city continued to manage their own police force. Councilman Dave Biermaier made the motion to "Allow the City Administrator to enter into final contract discussions with the county to provide full law enforcement for the city". Councilman Neil Linscheid seconded the motion and it passed unanimously.
Weske's presentation made the difference between the two options the city realistically considered, stark (a third option would have had the city disbanding their police force and depending on the county for emergency coverage only, but that was gravely warned against and roundly dismissed). For roughly $93,600 the city can contract with the county to provide a dedicated officer and squad car at an average of 40 hours a week to the city of Clarkfield. That cost includes, officer salary, training, fuel, mileage, uniform and equipment. The city will still have to cover attorney fees and office utilities, which is expected to increase the total expense to $113,038. The downside to this, for the city, is obviously the loss of operational control—but Flaten's personable approach to both the council and residents seemed to assuage that fear.
This move, it should be noted, became markedly easier for the city with the resignation of former Clarkfield Police Chief Ian Hodge, who's been hired to the same position in Benson. Hodge's support in the community, probably held off this decision for an incalculable amount of time.
As for the cost of continuing with a Police Chief, the city has $148,563 budgeted ($35,525 more than the expected cost of county coverage) for the Police Department in 2013. That cost includes a Chief's salary, part-time salary, taxes, health insurance, fuel, supplies, mileage, communications, professional services and uniform allowance. With Hodge's departure, add to that the extra costs incurred in searching-out, hiring and training a new chief. Also in the minds of the council is the fact that the city's old squad car is in need of replacement—which could cost as much as $50,000.
"If we're going to do it, this is the time," said Clarkfield Mayor Gene Kockelman. "And I won't mind not having to replace that squad. I've heard from several people now that it's done for."
This drew knowing laughs from interim Clarkfield Police Chief Brennan McAlpin and Clarkfield resident Chris Lee, a Police Chief at the Upper Sioux Community who commented on the city's need for law enforcement. The council thanked McAlpin for his service, while Flaten described him as a more-than-capable Chief.
"It seems like we've been talking about this for over 30 years," said Clarkfield resident Curtis Severson. "We've had good cops and not-so-good cops. We've been lucky lately, but the good ones always move on. I think there's a little more continuity with the Sheriffs and that's important."
Ness hired
as administrator
Prior to the monthly Care Center Administrator's report, interim Administrator Mike Miller announced that Ecumen had chosen their final candidate, Charles Ness, to administer nursing facilities they manage in Clarkfield and Balaton. Miller said Ecumen will make their contract offer Wednesday and Ness is expected to start next week.
Ness, who attended Tuesday's meeting, says he's a native of Clarkfield, having grown up on a farm three miles north of town and graduating from Clarkfield High School. He's worked in the health care industry for the past 23 years. "Most recently I began working on starting my own business, but that was proving a little more difficult, and I saw this opportunity open up. I think it's going to be a great fit. Ecumen seems like a good company. I'm excited to start getting involved in the community. And it sounds like everyone's happy they hired someone locally," said Ness.


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