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to the Order of the First Senate of 17 February 2016
– 1 BvL 8/10 –
- In principle, the fundamental freedom of research and teaching in Article 5(3) first sentence of the Basic Law (Grundgesetz – GG) does not conflict with requirements set up to ensure the quality of academic studies. However, the legislature may not leave essential decisions on the accreditation of study programmes to other actors; the legislature itself must make such essential decisions, taking into consideration the intrinsic rationale of academic research and teaching.
– 1 BvL 8/10 –
In the proceedings for
constitutional review
of whether § 72(2) sixth sentence of the Act on the Higher Education Institutions of the Land North Rhine-Westphalia (Gesetz über die Hochschulen des Landes Nordrhein-Westfalen – HG NRW) is compatible with Article 5(3) and Article 20(3) of the Basic Law (Grundgesetz – GG)
of whether § 72(2) sixth sentence of the Act on the Higher Education Institutions of the Land North Rhine-Westphalia (Gesetz über die Hochschulen des Landes Nordrhein-Westfalen – HG NRW) is compatible with Article 5(3) and Article 20(3) of the Basic Law (Grundgesetz – GG)
– Order of Suspension and Referral from the Arnsberg Administrative Court (Verwaltungsgericht )
of 16 April 2010 (12 K 2689/08) –
the Federal Constitutional Court – First Senate –
with the participation of Justices
Vice-President Kirchhof,
held on 17 February 2016:
- § 72(2) sixth sentence and § 7(1) first and second sentences of the Act on the Higher Education Institutions of the Land North Rhine-Westphalia in the version of the Higher Education Autonomy Act (Hochschulfreiheitsgesetz) of 31 October 2006 (Law and Ordinance Gazette of the Land North Rhine-Westphalia, Gesetzes- und Verordnungsblatt des Landes Nordrhein-Westfalen 2006, page 474) and § 73(4) first and second sentences of the Act on the Higher Education Institutions of the Land North Rhine-Westphalia of 16 September 2014 (Law and Regulations Gazette of the Land North Rhine-Westphalia 2014, page 547) are not compatible with Article 5(3) first sentence in conjunction with Article 20(3) GG.
- § 7(1) first and second sentences and § 72(2) sixth sentence of the Act on the Higher Education Institutions of the Land North Rhine-Westphalia in the version of the Higher Education Autonomy Act of 31 October 2006 and § 7(1) first and second sentences and § 73(4) of the Act on the Higher Education Institutions of the Land North Rhine-Westphalia of 16 September 2014 shall continue to apply until new legislation enters into force, but until 31 December 2017 at the latest.
R e a s o n s :
These judicial review proceedings concern provisions of Land law which govern the accreditation of study programmes. An accreditation agency – the defendant in the initial proceedings – refused to accredit two study programmes offered by a private university of applied sciences (Fachhochschule ). The referring Administrative Court considers the Land law upon which this refusal was based to be unconstitutional.
[Excerpt from Press Release no. 15/2016 of 17 February 2016 ]
Accreditation in the field of higher education is a procedure applied across the Laender and higher education institutions to evaluate Bachelors' and Masters' programmes of state or state-recognised higher education institutions. The request for judicial review concerns the accreditation of study programmes offered by higher education institutions that are not under the responsibility of the Land, i.e. the so-called "programme accreditation". The process starts with the selection of an agency by the higher education institution, its application for accreditation, and an agreement on the procedure and costs; after that, the higher education institution submits a comprehensive self-documentation. The agency organises a group for the evaluation, which prepares an expert opinion after an on-site visit. Based on this, the agency's decision-making body adopts a decision.
Generally, the programme accreditation is subject to various requirements. In 1998, the German Rectors' Conference (Hochschulrektorenkonferenz – HRK) advocated the accreditation of study programmes across the Laender. Shortly afterwards, the Standing Conference for the Ministers of Education and Cultural Affairs of the Laender (Kultusministerkonferenz – KMK) decided to introduce such procedures on a trial basis for Bachelors' and Masters' programmes that were to be newly established and to set up an accreditation council for this purpose. In 2004, the KMK agreed to transform the accreditation council into a public law foundation with legal capacity under the law of the Land North Rhine-Westphalia. By Act of 15 February 2005, the Land North Rhine-Westphalia then established the "Foundation for the Accreditation of Study Programmes in Germany". As the central organ of the foundation, the accreditation council issues the essential rules for the accreditation of study programmes. The Act does not specify details in that respect. The council also accredits or re-accredits the accreditation agencies, which in turn develop their own accreditation requirements.
At the time of the initial court proceedings, the Act on the Higher Education Institutions of the Land of North Rhine-Westphalia (Gesetz über die Hochschulen des Landes Nordrhein-Westfalen – HG NRW) in the version of the Higher Education Autonomy Act (Hochschulfreiheitsgesetz ) of 31 October 2006 (HG NRW former version – f.v.) was in force. Higher education institutions that were not under the responsibility of the Land required state recognition (§ 72 HG NRW f.v.) in order to be put on an equal footing with state higher education institutions in terms of graduation, the right to hold examinations and the right to award an academic degree (§ 73(1) and ( 2) HG NRW f.v.). Without state recognition, these institutions were not allowed to operate under the designation higher education institution (§ 75(1) HG NRW f.v.) Pursuant to § 72(1) no. 3 HG NRW (f.v.) a prerequisite for state recognition was "a majority of … successfully accredited study programmes". According to § 72(2) sixth sentence HG NRW (f.v.) accreditations were carried out "in accordance with applicable regulations".
On 1 October 2014, a new Act on Higher Education Institutions in the Land of North Rhine-Westphalia entered into force. According to the new Act, accreditation of study programmes is now required uniformly for all higher education institutions pursuant to § 7(1) HG NRW (current version – c.v.), which § 73(4) HG NRW (c.v.) specifically refers to regarding the accreditation of non-state higher education institutions. Pursuant to § 7(1) HG NRW (c.v.) accreditation must, as in the past, be carried out "in accordance with applicable regulations".
[End of excerpt ]
In the initial proceedings, the parties are in dispute as to whether it was lawful for the defendant, an accreditation agency, to refuse the accreditation of two study programmes offered by the claimant, a private university of applied sciences.
1. The claimant in the initial proceedings is a private university of applied sciences, S… gGmbH. It was founded and recognised as a higher education institution by the state in 2005. In September 2005, this university of applied sciences took up operations with the study programme "Logistics" leading to a Bachelor's degree, offered by way of both on-site and distance learning courses.
The defendant agency in the initial proceedings is A… e. V. It is financed and controlled by higher education institutions, business associations, expert and professional associations, as well as social-partnership organisations; the agency itself was first accredited in December 2002 and re-accredited in June 2006.
2. The [Land government] prohibited the university of applied sciences […] from registering student applicants for [certain] courses "with immediate effect". It stated that this "prohibition would be lifted" if the study programmes were later successfully accredited after all. […]
3. Prior to this, the university of applied sciences had commissioned the accreditation agency […] to re-accredit the study programmes. […] The accreditation agency sent the university of applied sciences its general terms and conditions, and its "Information for Higher Education Institutions: Requirements and Procedural Principles for the Accreditation and Re-Accreditation of Bachelors' and Masters' Programmes in Engineering, Architecture, Computer Sciences, Natural Sciences, and Mathematics". The expert group appointed by the accreditation agency and tasked with carrying out the evaluation recommended to the agency's accreditation commission not to accredit the study programmes […]; the technical committee endorsed this recommendation, as did the accreditation commission […]. The managing director of the accreditation agency notified the university of applied sciences [...] of this decision.
The university of applied sciences [unsuccessfully] lodged a complaint with the accreditation agency's complaint and appeals board. […]
4. The Administrative Court refused […] to grant a preliminary injunction. […]
7. [T]he Administrative Court […] suspended the [principal] proceedings and referred the question whether § 72(2) sixth sentence of HG NRW (f.v.) is compatible with Art. 5(3) and Art. 20(3) of the Basic Law (Grundgesetz – GG) to the Federal Constitutional Court. […]
The referral is admissible.
In proceedings pursuant to Art. 100(1) first sentence GG, the [referring] court must indicate, as per § 80(2) first sentence of the Federal Constitutional Court Act (Bundesverfassungsgerichtsgesetz – BVerfGG), in which respect its decision depends on the validity of the legal provision in question and which higher-ranking legal provision that provision is incompatible with. The referring court must comprehensibly and verifiably substantiate that the validity of the legal provision is material to the outcome of its pending decision, and set out the arguments why the court believes the legal provision to be incompatible with the Constitution (cf. Decisions of the Federal Constitutional Court, Entscheidungen des Bundesverfassungsgerichts – BVerfGE 105, 61 <67>; 127, 335 <355 and 336>; 132, 360 <366 and 367>; established case-law). […]
These requirements are satisfied in the case at hand.
1. The Administrative Court has provided comprehensible reasons as to why it considers § 72(2) sixth sentence HG NRW (f.v.) to be unconstitutional. […]
2. The Administrative Court has comprehensibly set out that it would reach a different result if § 72(2) sixth sentence of the HG NRW (f.v.) were valid, than if the provision were void, and provided reasons as to why this was the case.
a) If § 72(2) sixth sentence HG NRW (f.v.) were held to be unconstitutional, the Administrative Court would have to dismiss the claim. Without an adequate legal basis it would not be possible to presume an obligation on the part of the defendant accreditation agency to take the administrative decision [on re-accreditation] or to render a new decision. Conversely, if the legal basis were held to be constitutional, the claim in the initial proceedings would be successful to the extent that – despite the principal motion being dismissed – the court would have to conclude that the decision of the agency of 14 April 2008 was unlawful. […]
b) Moreover, the referring court reasonably considered admissible the application in the [now moot] initial proceedings for a continuation of proceedings seeking a declaratory finding of unlawfulness (Fortsetzungsfeststellungsklage ).
The fact that the challenged statute is no longer in effect does not affect the admissibility of the referred question. The referred provisions continue to have legal effects which are material to the decision in the proceedings pending before the regular court (cf. BVerfGE 39, 148 <152>; 47, 46 <64>; 55, 32 <36>; 68, 155 <169 and 170>; 106, 275 <296 and 297>; 130, 1 <42>). […]
The referral is well-founded. The provisions governing the accreditation of study programmes at higher education institutions in § 72(2) sixth sentence in conjunction with § 72(1) no. 3 HG NRW (f.v.) are incompatible with the requirements of the Basic Law.
There are no objections to the formal constitutionality of the referred provisions. […]
However, the referred provisions fail to satisfy the substantive requirements of Art. 5(3) first sentence GG. The accreditation of study programmes involves serious interferences with the freedom of research and teaching. In this respect, the referred provisions do not meet the [constitutional] requirement that interferences with fundamental rights be based on a statutory provision (Gesetzesvorbehalt ); rather, the legislature leaves the decision on applicable standards for the accreditation of study programmes at higher education institutions largely up to other actors, without setting out the necessary statutory requirements.
1. The requirement that study programmes at higher education institutions be accredited bears on the scope of protection of Art. 5(3) first sentence GG. This scope of protection covers the university of applied sciences as a private higher education institution and is affected by procedures involving the evaluation of academic teaching.
a) Art. 5(3) first sentence GG protects academic teaching staff, faculties and departments, and higher education institutions (cf. BVerfGE 15, 256 <262>; 61, 82 <102>; 75, 192 <196>; 93, 85 <93>; 111, 333 <352>), thus protecting both universities and universities of applied sciences (cf. BVerfGE 126, 1 <20 et seq.>), as well as research and teaching organised under private law (in this respect cf., for example, Bethge in Sachs, GG, 7th ed. 2014, Art. 5 para. 213; Fehling in BK Art. 5(3) para. 132, edited in March 2004). This means that private higher education institutions, such as the university of applied sciences, its sub-divisions and members, may invoke Art. 5(3) first sentence GG.
b) Research-based teaching, as a process of imparting academic knowledge, falls under the protection of Art. 5(3) first sentence GG (cf. BVerfGE 35, 79 <82 et seq.>; 126, 1 <23 and 24>). This fundamental right guarantees a sphere of freedom to academics protecting them from any exertion of influence by the state on the processes of gaining and imparting academic knowledge (cf. BVerfGE 35, 79 <112 and 113>; 47, 327 <367>; 111, 333 <354>). In particular, this includes the independent determination of the content, organisation and methodical approach of teaching (cf. BVerfGE 127, 87 <120>; also BVerfGE 55, 37 <68> with further references), as well as the right to express academic opinions (cf. BVerfGE 35, 79 <113 and 114>) and the right to actively participate in academic discourse within the framework of one's higher education (cf. BVerfGE 55, 37 <67 and 68>). However, Art. 5(3) first sentence GG does not provide an entitlement to a specific range of courses taught. Just as it does not guarantee the existence of a particular research or teaching institution as such (cf. BVerfGE 85, 360 <382, 384 and 385>; Federal Constitutional Court, Bundesverfassungsgericht – BVerfG, Order of the First Senate of 12 May 2015 – 1 BvR 1501/13 –, para. 63 with further references), the fundamental right also does not guarantee any particular study programme.
2. The indirect obligation to have study programmes accredited, implicit in the referred provisions, constitutes a serious interference with the freedom of research and teaching.
a) It is true that the legislature, in the referred provisions, did not set out any direct obligation of compliance relating to the specific design of study programmes. The relevant provisions of Land law on higher education institutions that are applicable in the initial proceedings do not expressly require private higher education institutions to subject their study programmes to accreditation, nor does the law unequivocally prohibit them from offering non-accredited study programmes, in contrast to the case of state higher education institutions to which § 7(1) HG NRW (f.v.) was applicable. In practice, however, the requirement of state recognition […] essentially compels private higher education institutions to have their study programmes accredited, if they want to be recognised by the state. […] Private higher education institutions require state recognition in order to be put on an equal footing with state higher education institutions with regard to the legal framework governing academic degrees, examinations, and postgraduate matters [...]. The same applies if such institutions want to operate as a "higher education institution". Moreover, […] the eligibility for potential state subsidies hinges upon state recognition. In addition, accreditation is indispensable if university education offered by private higher educations is to be recognised in the labour market. Thus, the legislature has made accreditation a prerequisite for state recognition. This in itself interferes with the freedom of science, research and teaching. This interference cannot be ruled out merely on the basis that, according to the explanatory memorandum to the draft law, the process of accreditation should be sufficiently "independent of state influence" ("staatsfern ") (state parliament document, Landtagsdrucksache – LTDrucks 13/6182, pp. 12 and 13). The decisive factor is that, in practice, the legislature essentially made accreditation mandatory. [...]
b) The requirement to obtain accreditation for study programmes restricts a higher education institution's freedom to decide on the content, organisation, and methodical approach of the study programme and courses taught (cf. BVerfGE 127, 87 <120>). The prerequisite that accreditation be obtained also interferes with the rights of teaching staff, and of faculties or departments. Although the decision on recognition, like the decision of the accreditation agencies, is directed at the higher education institution as such, it nevertheless also involves an external evaluation of study programmes with regard to their content and educational and instructional approach. The evaluation also relates to the competence of teaching staff, who are thus held accountable by an external institution that is not part of their higher education institution. In practice, this meant that [staff and other members of the higher education institution] were essentially obligated to participate in the process of accreditation. This obligation, which at the time had already been imposed on members of state higher education institutions in § 7(4) HG NRW (f.v.), is now expressly set out for members of both state and private higher education institutions in § 7(4) HG NRW (c.v.). The evaluation covers the concept and organisation of the study programme [...], the composition in percentage of the curricula, the designation of areas of specialisation and course modules, and regulations of academic and exam regulations. This touches upon the faculties' and departments' areas of responsibility; they are no longer free to decide, within the accreditation system, on the contents, scope or design of study courses and exams in their respective field of study.
c) This interference with the freedom of research and teaching, resulting from the requirement of accreditation, is a serious one.
The accreditation requirement constitutes complete preventive monitoring, which must be renewed regularly, due to the generally applicable time limits [...] which are determined by the accreditation council alone. This monitoring is of considerable importance, because under [the Land law], compliance is a prerequisite for state recognition; [...] for the right to operate as a "higher education institution"; and [...] for the allocation of state funding (cf. BVerfGE 111, 333 <358>). Moreover, the accreditation of a study programme involves significant costs for the higher education institution, since it must carry both the cost of the agencies' fees as well as the burden of organisation, time, and staff resources required to prepare the self-documentation. The Land courts of audit estimate that the regular burden of payments from higher education institutions to the agencies amounts to a sum of between EUR 10,000 to EUR 15,000 per study programme [...]; the additional internal costs borne by these higher education institutions are estimated to range from EUR 30,000 to EUR 38,000 per study programme [...].
By way of accreditation, the legislature does not merely define the formal structures for the organisation of academic teaching. As is discernible from the explanatory memorandum to the draft law, the legislature aims to "enforce" the state's responsibility "for the nationwide mobility of students and graduates, and for the quality assurance of study programmes and degrees" (LTDrucks 14/2063, p. 141). Based on standards set by the accreditation council, a review is carried out to assess whether the "implementation of the study programme (...) is ensured with regard to personnel, material, and room capacities, in terms of both quality and quantity, (...), and with regard to relevant structural links with other study programmes". The review also examines whether the "intensity and organisation of examinations is adequate and appropriate to the workload" in these study courses [...]. This directly affects the general and the teaching-related organisational autonomy of higher education institutions, also with regard to their budgets. Moreover, the review examines whether study programmes impart "subject-specific knowledge"; whether they are "expedient for achieving defined qualification objectives"; whether they are coherently structured; and whether they follow "a well-founded educational and instructional approach" [...]. The agencies further set requirements concerning the proportional composition of curricula, as well as study and examination regulations, and make recommendations with regard to areas of specialisation and course modules [...]. While no specific results nor interpretations of academic findings are prescribed, the review is by no means limited to merely assessing the coherence of the teaching objectives with the qualification objectives, or the manner in which the imparting of academic knowledge is organised, either. The accreditation instead directly affects the structure and content of academic teaching.
3. This interference with the freedom of research and teaching is not justifiable under constitutional law. A simple reference to the Europeanisation of the higher education area is, from the outset, unsuitable for providing a basis for justification (see below a). While it may be permissible to restrict the freedom of research and teaching in order to ensure the quality of teaching (see below b), the legislature itself must determine those issues relating to quality assurance that are considered essential under constitutional law (see below c); this standard was not met in the case at hand (see below d).
a) The Europeanisation of the higher education area, initiated by the "Bologna Process", cannot in and of itself justify interferences with the freedom of research and teaching. It is true that the accreditation system under German law also implements European agreements. However, the European Union does not have the competence to harmonise teaching at higher education institutions (cf. Art. 165(4) of the Treaty on the Functioning of the European Union – TFEU). The Bologna Declaration on the European Higher Education Area is a mere measure of cooperation to pursue European objectives in the education sector. Pursuant to Art. 165(1) TFEU, such cooperation remains subject to full respect of the responsibility of the Member States for the content of teaching and the organisation of education systems.
b) Interferences with the freedom of research and teaching, which is guaranteed without reservation, may be justified in order to serve an aim of constitutional rank (cf. BVerfGE 47, 327 <368 et seq.>; 122, 89 <107>; 126, 1 <24>; established case-law). Ensuring the quality of academic teaching is one such aim. Research and teaching is, in principle, an area of autonomous responsibility free from external control; this is because the academic sphere can best fulfil its role if it is free from considerations of its social usefulness or its political expediency (cf. BVerfGE 47, 327 <370>; 111, 333 <354>; 127, 87 <115>; 136, 338 <362 para. 55>). However, higher education is also closely connected to the right to freedom of occupation as set out in Art. 12(1) GG, since education is usually a preparatory step towards entering a profession (cf. BVerfGE 33, 303 <329 and 330>, with reference to BVerfGE 7, 377 <401, 406>; 85, 36 <53 and 54>; 134, 1 <13 and 14, paras. 36 and 37>). Accordingly, academic teaching must take into account the purpose of professional training and the related fundamental rights of students (cf. BVerfGE 35, 79 <121 and 122>; 136, 338 <362 para. 55>; established case-law). Thus, the fundamental right to freedom of research and teaching does not stand in the way of requirements to ensure proper academic teaching (cf. BVerfGE 127, 87 <119 and 120>) and a transparent examination system (cf. BVerfGE 93, 85 <94 et seq.). Measures to ensure the quality of teaching that satisfy academic standards also serve to ensure that higher education institutions fulfil their functions. Thus, these also benefit the freedom of research and teaching guaranteed in Art. 5(3) first sentence GG (cf. BVerfGE 96, 205 <214>).
c) Pursuant to Art. 5(3) first sentence in conjunction with Art. 20(3) GG, quality assurance measures that interfere with the freedom of research and teaching require an adequate statutory basis (cf. BVerfGE 49, 89 <126>; 122, 89 <107>; 126, 1 <24>). The rule of law and the principle of democracy require the legislature itself to enact provisions that are essential for the realisation of fundamental rights in this regard (cf. BVerfGE 134, 141 <184 para. 126>; BVerfG, Order of the First Senate of 12 May 2015 – 1 BvR 1501/13 –, para. 51 with further references). The determination of what is essential derives from the key principles of the Basic Law, and most notably from the fundamental rights enshrined therein. The extent to which the legislature must itself set down the essential legal rules for a particular area of human activity that is protected by the Constitution, depends on the subject matter and its specific characteristics (cf. BVerfGE 83, 130 <142, 152>; 98, 218 <251>; 108, 282 <311 et seq.>).
aa) The legislature itself may not determine details of the content of academic teaching, in an effort to ensure the quality of academic teaching, as this would disregard the intrinsic rationale of research and teaching, which is protected by fundamental rights. Rather, any criteria for evaluating the quality of research and teaching to which the legislature attaches consequences must leave room for research and teaching to determine its own focus and orientation autonomously (cf. BVerfGE 111, 333 <358>). Thus, within systems of quality assurance, the legislature must at least establish procedural and organisational safeguards to protect the freedom of research and teaching: in addition to the defensive right against interferences in specific cases and concerning individual persons, a guarantee of adequate participation by academics applies in this respect as well (cf. BVerfGE 35, 79 <115 and 116>; established case-law). This guarantee protects against academically inadequate decisions that are taken by actors from within higher education institutions, as well as by third parties that have been granted decision-making powers within the academic system (cf. BVerfGE 127, 87 <115>; 130, 263 <299 and 300>; 136, 338 <363 para. 57>). Thus, with regard to assessment decisions concerning fundamental rights, the legislature must determine by whom these decisions are to be taken and what the relevant procedure will be (cf. BVerfGE 61, 210 <252> with further references). With respect to quality assurance in higher education, the legislature must also establish a comprehensive structure in which decision-making powers and participation rights, influence, information and monitoring, are designed in a manner that avoids jeopardising free academic teaching (cf. BVerfGE 111, 333 <355>; 127, 87 <116>; 136, 338 <363 para. 57>). In order to avoid potential external control that would be academically inadequate, sufficient participation by academics is indispensable, especially in the process of determining evaluation criteria. This applies all the more where evaluation criteria are set by actors outside the higher education institutions, as this increases the risk that academic concerns are disregarded, and where the members of higher education institutions are dependent on the external evaluation. It is necessary to ensure that consideration is given to the fact that criteria may, and in some cases must, vary in respect of different disciplines (cf. BVerfGE 111, 333 <358 and 359>). Likewise, it must be ensured that the criteria chosen are sufficiently open – e.g., by way of flexibility or experimentation clauses –, to allow for a variety of course programmes within a field of study and diverse instructional methodologies and organisational profiles.
bb) The legislature may not leave it to other actors to take the essential decisions regarding the accreditation of study programmes without more specific guidelines, on the grounds that, for example, the process is still in an early pilot stage. In 2004, this justification was accepted with regard to the definition of evaluation criteria also applicable to academic teaching; it was held that the establishment of such criteria could "still" be left to the internal process of evaluation carried out by the higher education institution, but the legislature was already under an obligation to monitor it, and, if need be, to remedy deficits (cf. BVerfGE 111, 333 <361>). At the time, it was found that the legislature could, within its margin of appreciation and prognosis, establish a model under which the evaluation criteria were not determined by the legislature itself nor by external actors, but were rather left to an internal process within higher education institutions subject to the requirement that academia itself be sufficiently involved (cf. BVerfGE 111, 333 <359 and 360> with references to BVerfGE 95, 267 <314>). However, and for many years now, the accreditation of study programmes has become a nationally and internationally established practice, and yet it is, on the basis of § 72(2) sixth sentence and § 7(1) HG NRW (f.v.) as well as § 7(1) HG NRW (c.v.), largely left to a system that operates outside higher education institutions, while the increased risk of interference with the freedom of research and teaching that this implies is not countered, by the legislature, by designing the process in a manner adequate to academic rationale.
d) The provisions referred for review fail to satisfy these requirements.
aa) Nevertheless, the requirement to obtain external accreditation of study programmes at higher education institutions does not, in and of itself, raise constitutional objections.
(1) In principle, the legislature is free to require quality assurance with respect to teaching at higher education institutions to be carried about externally, i.e. not by the higher education institutions or the faculties or departments themselves as part of their internal operations. Art. 5(3) first sentence GG does not confer a constitutionally protected autonomous right to higher education institutions, faculties, or departments to decide only by themselves on the scope and content of their study programmes (cf. BVerfGE 111, 333 <365>; 127, 87 <129>).
(2) Quality assurance of academic teaching need not be limited to scientific or technical criteria, but may also assess the organisation of study courses, academic requirements and academic success. A higher education degree can only enable access to professions if the degree programme confers specific qualifications, if potential employers recognise its quality, and if the degree can be compared with other degrees on the labour market. It is thus not objectionable that the system of quality assurance of degree programmes at higher education institutions is designed taking into account research findings, and also taking into account the potential usefulness of acquired knowledge and skills for the labour market, in order to promote the constitutionally protected freedom of occupation in Art. 12(1) GG. This justifies the decision to base accreditation primarily on an evaluation carried out by experts of the respective academic field, in a peer review process; it is the ability of academia to largely ensure quality on its own that warrants its involvement in the process. In addition, it is, however also legitimate to involve practitioners in the process of accrediting study programmes. Furthermore, a general requirement to evaluate study programmes in terms of measures taken to promote equal opportunities for men and women as well as in terms of other structural disadvantages and measures to compensate disadvantages of students with disabilities, serves to fulfil the guarantees of Art. 3(2) and (3) GG, and to achieve equality of opportunity in higher education (cf. BVerfGE 134, 1 <16 para. 43>). In view of the present-day internationalisation of labour markets and of research and teaching, the legislature may also require the accreditation process to evaluate the international comparability of study programmes, provided that other criteria do not supersede the relevant discipline-specific academic criteria.
(3) Furthermore, it is also within the scope of the legislature's leeway to design a requirement to obtain the accreditation of study programmes, in addition to the regular legal supervision pursuant to § 76 HG NRW (f.v.), and to require such accreditation on a recurring basis and without specific cause. This does not exceed the margin of appreciation and prognosis granted to the legislature in determining necessity (cf. BVerfGE 102, 197 <218>; 115, 276 <309>; 126, 112 <145>). Admittedly, less-restrictive means would be available, in form of a review limited to formal compliance with relevant standards or as a review limited to plausibility and evident errors in the self-documentation submitted by higher education institutions. As the German Rectors' Conference argued, these less-restrictive means would respect the intrinsic rationale underlying Art. 5(3) first sentence GG. However, the Constitution does not prohibit external measures of quality assurance of academic teaching in addition to regular legal supervision. Likewise, neither an obligation to cooperate imposed upon members of higher education institutions, [...] nor a requirement to be re-accredited regularly raises constitutional concerns [...].
bb) However, [in the Land law], there is a lack of adequate legislative decisions regarding evaluation criteria, the procedure and the organisation of the accreditation (1). This lack is not compensated [by other provisions elsewhere] [...] (2). In particular, there is a lack of sufficient participation by academics in the accreditation process itself (3).
(1) The legislature has addressed the matter of the assignment of quality assurance of higher education to agencies organised under private law, which in turn are accredited by a foundation of the Land , to a minimal degree [...]. This does not satisfy the requirements of the essential-matters doctrine (Wesentlichkeitsvorbehalt ) for justifying a restriction of the freedom of research and teaching.
It is not compatible with constitutional requirements that [the relevant provisions] merely refer to "applicable provisions" with regard to accreditation. This generic and unspecific reference does not allow those subject to the law to deduce from the legal provisions the intensity of the interference with their fundamental rights. Nor does the statement that accreditation be carried out by agencies which are themselves accredited suffice to legitimise a process of recognising private higher education institutions imposed by the state and carried out within a largely external and far-reaching system of quality assurance.
There is not even a rough determination of objectives by way of reference to minimum standards regarding subjects and contents of study courses, or to the degrees' relevance in terms of professional qualification [as is the case in another Land ] [...].
At the time of the initial proceedings, there was also no provision determining the legal status of the agencies. [...] The legislature had not formally transferred the power to exercise public functions (Beleihung ) to the agencies; this was not expressly provided for until the new version of Act on the Higher Education Institutions was enacted in 2014 [...]. Uncertainty with regard to the legal status of the agencies, however, not only affects their procedures but also impairs legal protection against their decisions.
There are also no statutory provisions regarding the initiation of the procedure [as is the case in another Land ], the accreditation procedure; the legal nature of the decision taken by the agencies and the accreditation council of the Accreditation Foundation, the consequences of non-compliance with conditions imposed by the agencies; or regarding the time periods between re-accreditations.
(2) This lack of adequate statutory control in the referred provisions is not compensated for by other statutory provisions elsewhere.
(a) In the law on higher education institutions of the Land , there are no sufficient provisions that would justify the accreditation process's interference with the freedom of research and teaching [...]. While [...] [the law] does set out requirements applicable to state higher education institutions relating to study objectives, the structure of study programmes, [and] standard periods of study [...], the legislature did not make these requirements applicable to the accreditation of programmes at non-state higher education institutions [...]. [T]he state's decision on recognition is separate from the [agencies'] decision on accreditation. The legal requirements for state recognition also do not constitute a sufficiently comprehensive basis for decisions on accreditation. In fact, in the current system, the agencies base their practices on standards set by the Accreditation Foundation, or developed by the agencies themselves, and on decisions by the Standing Conference for the Ministers of Education and Cultural Affairs of the Laender. These decisions are executive agreements that first need to be implemented in the individual Laender , and such implementation has not taken place in this case […].
(b) A statutory reference to the Act on the Accreditation Foundation (Akkreditierungsstiftungsgesetz – AkkStiftG), another statute enacted by the Land North-Rhine Westphalia, is also not sufficient to satisfy the requirements under the essential-matters doctrine which apply to the restrictions to the freedom of research and teaching that arise from the accreditation requirement in the provisions referred for review. Admittedly, the legislature is not required by the Constitution to address all matters that are essential in a single piece of legislation. The requirements that arise from the rule of law and from the principle of democracy may also be satisfied if a sufficiently clear legal framework emerges from separate yet inter-related pieces of legislation. The legislature may also regulate a matter by way of reference to other legal provisions, including provisions from a different legislative authority (cf. BVerfGE 78, 32 <35 and 36>). However, it must be sufficiently clear which specific provisions the legislature intends to refer to. This applies to so-called fixed references to legal provisions in a specified version of another statute. In contrast, dynamic references [that refer to both the current version and future versions of a statute] are only permissible within the limits set by the principles of the rule of law, democracy, and federalism (cf. BVerfGE 47, 285 <312 et seq.>). In any case, the Act on the Higher Education Institutions does not contain any mention of the Act on the Accreditation Foundation to begin with.
In addition, the Act on the Accreditation Foundation itself fails to satisfy the constitutional requirements in this respect. To a large extent, the Act leaves the process, the legal nature and the legal effects of accreditation decisions unspecified. There are no procedural mechanisms in place to safeguard the freedom of research and teaching; furthermore, it is not clear what legal protection is available against decisions of the accreditation council or the agencies. Regarding the relevant procedure, § 3(2) no. 5 AkkStiftG merely indicates, by way of mentioning "the evaluation experts involved", that groups are asked to carry out the evaluation; however, it remains entirely unclear what professional requirements must be fulfilled in this regard. This does not ensure that evaluation by peer review will take place in a manner adequate to academic rationale. Otherwise, there is merely the general provision that, in preparation for a decision on accreditation, a group of persons shall be appointed in order to ensure that the evaluation covers all relevant areas and that all relevant stakeholders, students and professional practitioners be represented in the composition of the group (see Clause I(4) accreditation council document AR 85/2007). In contrast, there is no provision on whether, or to what extent, agency committees and the accreditation council are bound by the views of the evaluation experts [...]. [Besides,] these are [...] only "minimum requirements" for accreditation.
Even if the Act on the Accreditation Foundation were to contain sufficient provisions concerning accreditation in accordance with the requirements of the essential-matters doctrine, it would not meet the relevant constitutional standards if other Laender were to refer to this Act by means of mere executive measures.
(d) Furthermore, in 2014 [...] the legislature created a statutory basis specifying the legal status of the agencies [...]. This, by itself, also does not satisfy the requirements of Art. 5(3) first sentence GG. [...] There remains a lack of sufficient and academically adequate provisions regarding the accreditation, the composition of the expert group, the evaluation criteria, and the determination of margins of appreciation.
(3) Thus, by enacting the referred provisions, the legislature effectively gave up control over the accreditation requirements related to contents, procedure, and organisation; it did not take the essential decisions pertaining to significant interferences with the guarantee of Art. 5(3) first sentence GG itself. Instead, many such essential decisions have been left to the accreditation council, which in turn gives very extensive leeway to the agencies. [...]
In particular, there are no requirements that safeguard the adequate participation of research and teaching staff in the accreditation process. Pursuant to § 7(2) AkkStiftG, the accreditation council consists of four members representing higher education institutions, as well as two students, to be nominated by the German Rectors' Conference. The students may participate to the extent that they can invoke the fundamental right to freedom of professional and occupational training (Art. 12(1) GG) and the fundamental right in Art. 5(3) GG (cf. BVerfGE 55, 37 <67 and 68>). However, there is no guarantee that research and teaching staff will indeed be represented in the accreditation council and in the agencies, rather than, for example, the management of higher education institutions. Nor is it certain that representatives of research and teaching will have the decisive vote on the accreditation council, given that the members of the council are appointed by agreement between the German Rectors' Conference and the Standing Conference for the Ministers of Education and Cultural Affairs of the Laender pursuant to § 7(2) second sentence AkkStiftG, meaning that the government has an unconditional veto power. The rest of the accreditation council consists of representatives from the Laender , professional practice, the Land ministries responsible for labour and collective bargaining law, and the agencies (§ 7(2) first sentence no. 2, 3, 6 AkkStiftG). As a result, only interests from outside the academic community are represented in the council. Thus, the Act on the Accreditation Foundation fails to set up a comprehensive structure that sufficiently takes the freedom of research and teaching into account.
Due to the requirement to respect freedom of research and teaching, the legislature is precluded from regulating specifics. However, the legislature is not precluded from determining the objectives of accreditation and the requirements of the accreditation procedure, or from regulating the academically adequate composition of the parties involved, or from setting procedures for establishing and revising evaluation criteria. This would ensure rather than rule out that sufficient leeway is left for peer review and technical expertise within the responsible bodies.
As the referred provisions already fail to satisfy the requirements of Art. 5(3) first sentence GG in conjunction with the principle of democracy and the rule of law, there is no need to review whether any other fundamental rights of the University of Applied Sciences have been violated.
The legislature must enact revised legislation that complies with the constitutional requirements. Since this calls for a process of coordination across the Laender , a sufficient period of time is necessary to achieve this. Yet, it is not discernible that the accreditation of study programmes, to support the freedom of professional and occupational training under Art. 12(1) GG, would indeed result in intolerable restrictions of the freedom of academic teaching protected in Art. 5(3) first sentence GG and thus require the relevant provisions to be declared invalid with immediate effect. In consequence, with regard to the provisions of § 7(1) first and second sentences, and § 72(2) sixth sentence HG NRW (f.v.), as well as § 7(1) first and second sentences and § 73(4) HG NRW (c.v.), which are incompatible with the Basic Law, it shall be ordered that the relevant provisions remain in effect until revised legislation is enacted or, at the latest, until 31 December 2017.


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apwu health insurance brochure
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Download - APWU Health Plan
This brochure describes the benefits of APWU Health Plan under our contract ( CS 1370) with the United States Office of. Personnel Management, as authorized .
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subset: commoncrawl


text:
Wesley brings the wet cloth to her face. It hurts worse than smacking into the headstone had but she doesn't care. It's nice being looked after, even if he's lecturing her as he works.
Then comes the sting of the antiseptic, a flash-burn that tightens her lips as she bites back a whimper.
He sticks a band-aid over the cut, getting close enough that she can watch the way his concerned eyes darken as he presses too hard, and she moans, just a little.
And Giles moans too as she squeezes his hand, that's been holding hers the whole time.
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text: So I'm a bit of a lurker on here but enjoy reading the posts for support, I wanted to share where I'm at. I'm astounded that I actually ran 5k today... Not in the 30 mins (that's a long way off!) but in just under 42 mins.. I'm so happy that I've achieved this, I know I was only meant to do 30 mins, but the last few long runs I've done a few minutes extra as I've felt able to.. For someone with a dodgy ankle which meant I never thought i could run I'm amazed and so pleased with where I'm at now! It's taken me since start of April to get here (had longer breaks between runs because of work, holidays, etc) but with 1 run to go I can't wait to graduate and hopefully turn this running thing into a habit


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In Mazitaar he inaugurated a newly built Government Lower Primary School and urged the students to be creative and productive and be good individuals rather than only successful ones. Addressing the public in the compound area, Chief Minister referred to the demand of regularisation of forest land occupied by the people. He directed the Forest Department to take up the matter with the Government of India for forest clearance in the interest of the people.
Namchi& Gangtok: "Woods are lovely dark and deep and I've promises to keep and miles to go before I sleep", originally written by Robert Frost, but Chief Minister Dr. Pawan Chamling seems to be doing exactly that in his round up rural tour. Right after winding up the tour of West Sikkim and a day before the review meeting on the South district visit, Dr. Chamling visited Falaydara, Lower Boomtaar, Sallebong Rong, Sumbuk and Mazitaar, the area which was left in the first phase of his south district visit.
Namchi& Gangtok: "Woods are lovely dark and deep and I've promises to keep and miles to go before I sleep", originally written by Robert Frost, but Chief Minister Dr. Pawan Chamling seems to be doing exactly that in his round up rural tour. Right after winding up the tour of West Sikkim and a day before the review meeting on the South district visit, Dr. Chamling visited Falaydara, Lower Boomtaar, Sallebong Rong, Sumbuk and Mazitaar, the area which was left in the first phase of his south district visit.
During this visit his message to the people of this area was to realize how the present government has been persistent to provide the people with the quality services and fill their lives with happiness index which is running north. In Sallebong, he pointed out how the value of the remotest of remote areas of the state has shot up in this last 17 years of his governance, which just go to indicate how much development and positive growth has taken place in Sikkim.
He was also very emphatic about how people should also come forward to contribute and shoulder the responsibilities of making Sikkim more prosperous with the kind of rights and facilities they are enjoying and benefiting from.
During his visit to Rong he dropped in the Government School there and the students of the school welcomed him with zeal and passion which was sparkling in their eyes to see the leader who has ushered the state towards the path of prosperity.
Chief Minister was also presented with a sapling of medicinal plant by the students of the school. He also appreciated the sample demo of the medicinal plants and herbs which was displayed by the students of the school.
We have seen the ground reality and the kinds of problem being faced by the people and have marked the areas of concern and these little hitches will soon be things of the past Dr. Chamling affirmed.
In Sumbuk, where a large gathering welcomed him in the Block Administrative Centre compound, he gave a patient hearing to the people and listened to the problems faced by them. He asked them to come forward and inform individually as he did in all the areas and places he has visited so far.
Dr. Chamling's on going rural tour is something unprecedented and unparalleled in any other state of the country. By taking the government and the government machinery close to individuals in remotest of remote places of the state, the Chief Minister has been able to dispel any doubts or reservations people had against the government functioning, it is widely believed by the people now.
The Chief Minister Pawan Chamling stressed during his review meeting on his recently concluded tour of South district, held in the indoor stadium of Namchi Sports Complex.Working in mission mode should be the mantra for the officers and the people of line department, and the support and cooperation is of utmost importance, added the CM.
During the meet today the Sikkim CM also laid out the kinds of works each and every department should execute during the upcoming 12th five year plan and stated that it should be people centric and pro poor. Furthermore CM also informed that during this plan he wants to see Sikkim as self reliant and self sufficient state too.CM was also quick to mention here that all the ongoing and future projects, plans and schemes should be monitored and supervised properly by the concerned officers and they should also come up with ideas of plans and schemes which will be more beneficial and favorable to the people.
Stressing on quality works CM advised all the departments to come up with quality work and provide the people with the service they rightly deserve. On the occasion CM also announced that state is only open to eco-friendly industries and non clean industries should not be entertained, one time maternity financial benefit of Rs 3000/- and infant assistant of about Rs 300/- will also be provided during this plan.
Earlier during the meeting CM was also presented with a memento and souvenir on his visionary and innovative village to village tour of South District by the District Collector on behalf of the officers and
staff of South District.


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Something New and Different from Stars of Warner Home Video's Top-Selling Classic Series
Manhattan Melodrama ~ Evelyn Prentice ~ Double Wedding ~ I Love You Again ~ Love Crazy
BURBANK, Calif., April 30, 2007 – Following the enormous success of 2005's The Thin Man Collection, Warner Home Video and Turner Classic Movies join forces to highlight the great motion picture chemistry of Myrna Loy and William Powell with the August 7th DVD debut of five M-G-M classics: Manhattan Melodrama, Evelyn Prentice, Double Wedding, I Love You Again and Love Crazy. Extras include vintage shorts, classic cartoons and a radio show broadcast for Love Crazy. The films will be available only as a collection in a collectible digi-pak gift set and will sell for $49.92 SRP.
Both Myrna Loy and William Powell had dozens of screen successes opposite other Hollywood immortals but it was the pairing of the two together that brought style, wit and warmth to the screen, created box-office magic and endeared them to generations of moviegoers.
Accompanying the new Loy and Powell teamings will be the first national release of all The Thin Man titles individually. After the Thin Man, Shadow of a Thin Man, Song of the Thin Man, The Thin Man Goes Home and Another Thin Man will also be available for $14.98 SRP.
About the Stars
1934's Manhattan Melodrama marked the first time Powell and Loy starred together. The two went on to make a total of 14 movies and become one of the most popular screen teams in Hollywood history.
William Powell began his acting career on Broadway in 1912, ten years before moving to Hollywood to appear in scores of small parts in silent films. Unlike many silent screen actors, he had a fine voice and stage training, both of which resulted in his smooth transition to "talkies." His Oscar®-nominated portrayal of detective Philo Vance in The Canary Murder Case made him a star in 1929, and five years later he became truly famous as detective Nick Charles in The Thin Man. The sparkling film which featured the irresistible Powell/Loy chemistry as husband and wife sleuths who solved murders with the aid of their wire-haired terrier, Asta, spawned a successful series of six Thin Man films.
After The Thin Man, Powell starred in The Great Ziegfeld, 1936's Best Picture Oscar winner (also available on DVD from WHV) and that year received his second Academy Award® nomination for My Man Godfrey. Powell and Loy also reunited the same year for another teaming, along with Spencer Tracy and Jean Harlow in the classic comedy "Libeled Lady" (also available on DVD from WHV). William Powell's third Oscar nomination came for Life with Father (1947) and his last film role was one of his best, the beloved "Doc" in Mister Roberts (1955 – also available on DVD from WHV).
Myrna Loy, who began acting at the age of 15 when she appeared in local stage productions to help support her family, also had to wait until The Thin Man to earn screen legend status. She moved from stage to screen with the help of Mrs. Rudolph Valentino, who spotted her in a play at a Hollywood theatre. Like Powell, she made a successful transition into the sound era but was continually typecast as a vamp until she finally landed two plum roles in the MGM films, The Prizefighter and the Lady (1933) followed by The Thin Man. Among her many memorable roles was that of Frederic March's wife in 1946's Best Picture Oscar winner, The Best Years of Our Lives.
About The Titles
Manhattan Melodrama (1934)
William Powell and Myrna Loy unveil their unique sparkle and rapport, sharing the screen in the first of their 14 non-cameo features. Rugged Clark Gable, in his only movie with urbane Powell, has first billing in this famed Oscar® winning (for Best Original Story) delight about childhood friends who end up on opposite sides of the law…and in love with the same woman. Gable's character is a big-time gangster, and Powell a D.A. vying for Governorship. Adding to the cachet is the fact that real-life gangster (and reputed big-time Myrna Loy fan) John Dillinger was gunned down as he left a Chicago theater after seeing this movie.
Special Features:
· Comedy short Goofy Movies #2
· Classic cartoon The Old Pioneer
· Theatrical trailer
· Subtitles: English & Français (feature film only)
Evelyn Prentice (1934)
Myrna Loy, known for her portrayals of the perfect wife, is all too fallible as Evelyn Prentice, starring with William Powell in their first film together after the phenomenal success of The Thin Man. This heady courtroom melodrama boasts a slick murder-mystery plot, New York-minute pacing and the screen debut of someone soon to join Powell and Loy in the pantheon of Hollywood stardom: Rosalind Russell.
Nancy Harrison (Russell) stands trial for the murder of her lover. Prominent defense attorney John Prentice (Powell) has one chance to save her from the chair: find the unknown society woman who shared the womanizing victim's attentions…and may have pulled the trigger herself. What the workaholic attorney doesn't know is that the woman he's hunting is his own neglected wife (Loy).
Special Features:
· Comedy short Goofy Movies #3
· Classic cartoon Discontented Canary
· Theatrical trailer
· Subtitles: English & Français (feature film only)
Double Wedding (1937)
Domineering big sister Margit Agnew likes to be in total control, even over her sister Irene's love life. Having planned all the details of Irene's wedding to milquetoast fiancé Waldo, she is appalled to learn that Irene has plans of her own, which don't include marrying Waldo. Instead, Irene's intentions are to wed beret-wearing bohemian Charlie Lodge, who lives in a trailer and cares nothing about money. Can Margit save her sister from an altered state? Well, since Myrna Loy plays Margit and William Powell plays Charlie, film fans just might guess who ends up bride and groom.
Special Features:
· Musical short Dancing on the Ceiling
· Classic cartoon The Hound and the Rabbit
· Theatrical trailer
· Subtitles: English & Français (feature film only)
I Love You Again (1940)
W.S. Van Dyke II, director of four of the six Thin Man films, helms the capricious fun in this romantic comedy. Boring, prosperous Larry Wilson (Powell) receives a blow to the head while he's on a cruise, and totally forgets who he is. When he comes to, he realizes he's really con man George Carey, who's been suffering from amnesia for nine years. Not one to pass up a swindle, Carey decides to continue to pose as the wealthy Wilson, clean out his bank account and skip town. Along the way, he'll need to use his sly charm on his wife Kay (Loy), who's tired of the staid Larry she's been living with and wants a divorce. Complications ensue, of course, especially when Kay begins to warm to this new side of her old spouse. And, not surprisingly, the two find that love may indeed be better the second time around.
Special Features:
· Crime Doesn't Pay Series short Jackpot
· Classic cartoon Tom Turkey and His Harmonica Humdingers
· Theatrical trailer
· Subtitles: English & Français (feature film only)
Love Crazy (1941)
Myrna Loy joins Powell for a certifiably loony romp that showcases both stars at their madcap best. They play Susan and Steve Ireland, a happily married couple who let a series of complications during their 4th anniversary celebration put the kibosh on their wedded bliss. Susan files for divorce, and Steve opts to halt the proceedings by feigning insanity, even if it means playing 'horsie' with a gardener's rake or posing in drag as his own sister. If you're looking for screw loose screwball comedy, this is it.
Special Features:
· Classic cartoon The Alley Cat
· Audio-only bonus: Screen Directors Guild Playhouse Radio Broadcast
· Theatrical trailer
· Subtitles: English & Français (feature film only)
Street date: August 7, 2007
$49.92 SRP Five Disc Collection
All Films Are Not Rated; All Films are B&W
Double Wedding
Run Time: 87 minutes
Evelyn Prentice
Run Time: 78 minutes
I Love You Again
Run Time: 99 minutes
Love Crazy
Run Time: 99 minutes
Manhattan Melodrama
Run Time: 93 minutes
Note: All enhanced content listed above is subject to change.
The TCM Spotlight series of collections highlight acclaimed classics from the Warner Bros. Entertainment film library, which have achieved great popularity through their airings on Turner Classic Movies. Warner Home Video also partners with its sister company on a series of rare classics under the TCM Archives label. WHV's TCM Archives Collections currently available include: The Lon Chaney Collection, The Buster Keaton Collection, The Garbo Silents, The Laurel and Hardy Collection and The Forbidden Hollywood Collection Volume 1.
With operations in 90 international territories Warner Home Video, a Warner Bros. Entertainment Company, commands the largest distribution infrastructure in the global video marketplace. Warner Home Video's film library is the largest of any studio, offering top quality new and vintage titles from the repertoires of Warner Bros. Pictures, Turner Entertainment, Castle Rock Entertainment, HBO Home Video and New Line Home Entertainment.
Turner Classic Movies, currently seen in more than 75 million homes, is a 24-hour cable network from Turner Broadcasting System, Inc., a Time Warner company. TCM presents the greatest motion pictures of all time from the largest film library in the world, the combined Time Warner and Turner film libraries, from the '20s through the '90s, commercial-free and without interruption. The network also offers critically acclaimed original documentaries and specials, including the recent Emmy-winning Stardust: The Bette Davis Story and Steve McQueen: The Essence of Cool. On the slate for 2007 are such original productions as Private Screenings: Jane Fonda, Brando and Spielberg on Spielberg, among others. Please visit tcm.com for more information. Turner Broadcasting System, Inc., a Time Warner company, is a major producer of news and entertainment product around the world and the leading provider of programming for the basic cable industry.


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Distance from Henderson, IL to Blackstone, IL
Driving distance between Henderson, IL and Blackstone, IL is 115.13 miles (or 185.29 kilometers). If you drove an average car (using about 3.6 gallons of gas per mile), the gas would cost you around $, since you would need about gallons of fuel.
Leaving from Henderson, IL you would reach Blackstone, IL in about 2 hours 21 mins if you keep an average speed of miles per hour, assuming you don't make any breaks or get stuck in traffic.


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Episode 95
We have a new RSS feed! We share a comment on our interview with Julia Nguyen; Ryan shares an update on his Nexus 5 project; we reminisce on 40 years of Star Wars
Episode 90
Struggle through some technical difficulties; A few pieces from Matthew Scribbles; dive into some nerdy nostalgia; finish with Star Wars: The Power of Costume
Episode 87
Scarlet has a new gig; Ryan struggles through some depression & anxiety; a discussion about a National Geographic special issue; cap off with a SPOILERS discussion about Rogue One
Episode 86
Matthew is back to talk about NANOWRIMO results & some Matthew Scribbles; Scarlet talks about the loss of Carrie Fisher; Ryan talks about the passing of his grandmother
Episode 85
Winter hibernation has set in; Scarlet & Ryan get into the Standing Rock Protest and finish off with nerding-out about Star Wars
Episode 62
We do a **Spoilercast** about Star Wars: The Force Awakens
Episode 59
We share a couple Thanksgiving stories; can't get over our anticipation of our trip to NYC
Episode 46
In this episode, we give our review of Denver Comic Con!
Episode 39
Scarlet works through a rough patch; Ryan has a new job, struggling through migraines; Ryan's cosplay update; controversial mural in a French hospital; Ryan & Scarlet call bullshit on 50 Shades of Grey
Episode 33
School updates; Ryan searches for maker community; Thanksgiving rituals; Ryan's new ritual for Dr. Who Anniversary; new trailer for Star Wars VII: The Force Awakens; Scarlet Tries Linux
Episode 6
We hit rock-bottom this week as Ryan struggles with insomnia; asking for
Thanksgiving stories; bill to address patent trolls; pot tax passes, $.02 on
other tax measures on ballot; Why Knot documentary on indiegogo; J.J. Abrams
wants to get gritty in Episode VII
Co-hosted by:


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The Production of American Religious Freedom
240 pages
August, 2016
Part of the North American Religions series
"Ambitious, and laudably so. In fact, I found myself wondering if the book ought to have been titled The Religious Production of American Freedom instead of The Production of American Religious Freedom, since it seems that Curtis wants ultimately to make broader and farther-reaching claims about the views Americans have historically held about their own choices in the political, social, economic, and religious realms."
—Politics and Religion
"Curtis' work is valuable, spurring readers to interrogate the meaning and application of freedom and its relation to justice. It is also timely, helpfully framing many of the issues pertinent to our times regarding how Americans understand the tradition of religious freedom in daily life. This book benefits historians and laypersons alike as we grapple with what we mean when we claim we are religiously free."
—The Journal of Church and State
"Each chapter, without exception, presents intriguing and provocative insights, raising questions of race (Griffith, Malcolm X), gender (Alcott, Hobby Lobby), science (Bryan, Intelligent Design), and religion more narrowly and institutionally understood (Finney, Smith). Scholars interested in the broad interconnections between the religious and the political — particularly scholars with capacious definitions of those two terms — will find food for thought throughout."
—Politics and Religion
"Offers a nuanced understanding of religious freedom."
"The Production of American Religious Freedom reads like a collection of meditations on important themes in American religious history that serve as case studies for conceptual problems in the study of religion."
—Reading Religion
"At a moment when scholars of religion are rethinking their contribution to public debate, Finbarr Curtis's The Production of American Religious Freedom exemplifies the power of sustained academic engagement with the assumptions and histories that shape our fractious condition and toxic discourse...Learned, provocative, and interdisciplinary in the best sense, this book is an archaeology of conceptual confusion and a model for new conversations that might deepen our understandings of American religion and public life, historically and at present."
—Jason C. Bivins, North Carolina State University
"A bold, surprising, and timely intervention into ongoing debates about the political and ethical dimensions of secularism. . . . Curtis offers a revisionist history that challenges easy readings of American identity and progress and those scholarly paradigms that have made such readings so convenient. Through a series of case studies that span the last two centuries of American life, Curtis demonstrates that religious freedom is a messy business, a tangled skein of sweat and blood as well as malleable concept with viral propensities. In his deft and richly told tale, religious freedom is both the hinge of affective discipline of the nation-state and the grounds for ethnic, racial, and gendered forms of collective identity within; religious freedom is both the modus operandi of whiteness as well as the source of its potential undoing. The Production of American Religious Freedom is an exceptional and elegantly conceived project. It will change the way in which scholars of American religion and politics approach the concept of religion, in general, and where and how they locate it within history."
—John Modern, Franklin & Marshall College
New York University Press is proud to make many of our titles available in eBook editions. Below is the list of vendors that carry our titles in electronic format. Each vendor has its own pricing and delivery policies. Please follow the links below for more information.
Exam Copy
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Put in the new rectifier by replacing the mounting screws. Solder the direct wires to reconnect them.
Exceptional service. Booked me in swiftly and job was carried out right away. No hassle and a very helpful service. Would absolutely endorse.
Chances are you'll discover it valuable to take images, or attract diagrams of, the electrical leads and mounting bolts. It's critical that they are properly reinstalled.
When accomplishing alternator repairs, the technician should basically pull the harmed or faulty element out from the vehicle and exchange it by using a new just one. Most commonly, specialists perform the starter and alternator substitute by getting rid of the outdated components and parts using a socket established together with other hand resources.
Without having a working alternator, your automobile received't begin, so it's A necessary part of the engine. Using a totally performing alternator will make certain your battery stays comprehensive, many of the electrical tools in your vehicle works appropriately and permits you to begin the vehicle on the primary attempt.
If you can find your motor vehicle started off you'll be able to then un hook the battery when it is working and Should your car or truck stays operating then your alternator is good. If it stalls and dies as soon as you unhook the battery then the alternator is not really great.
(What is actually in a reputation? Who cares assuming that it fees your battery!) Signs or symptoms of a nasty Alternator, alternator troubles Signs of a foul alternator involve difficult or slow cranking once you attempt to start out your auto, lights that appear much too dim, not to mention the red BATT, ALT, or GEN mild glowing about the sprint. (An acquaintance of mine the moment remarked that she'd in no way noticed an alternator warning mild on an auto, only a "Battery" gentle. I informed her the battery mild was seriously an alternator problems gentle. It means the battery is just not getting charged.) Notice: You can have an alternator difficulty WITHOUT the "alt", "bat", or "gen" light approaching. The alternator itself is responsible for turning this light-weight on and off (voltage regulator, actually, In the alternator on most autos), so it might go negative and not convert The sunshine on. If you think that you've got a lousy alternator, diagnose your issues with the alternator screening treatments down below.
The vehicle alternator is utilized to demand the battery and ability the electrical procedure although the car is running. Any time you use any electrical ingredient, like your lights or radio, inside your auto, it's the alternator recharging the battery since it loses electrical power to electric power these parts, proficiently replenishing the lost power.
Alternators are normally not user repairable. It requires specialtools and entry to parts to repair. Although you will discover repaircenters, it might be more cost-effective to simply substitute it.
Just after speaking to the Internet site, QCR services was the only real garage to return using a quotation, i agreed for them to execute the operate, it was carried out in the time they claimed, many thanks very much.
The Innovative electrical units observed in the present motor vehicles involve an intricate technique of wires, cables, fuses plus much more.
We are offline for any tune-up, we will be up and managing smoothly extremely shortly. During the meantime, Below are a few other options obtainable:
ROTOR: The rotor assembly consists of a number of "pole shoes", copper subject windings, along with the slip rings, all Why Not Try THESE Out mounted about the central shaft from the alternator. A number of "N" and "S" poles over the rotor pass throughout the multiple sets of stator windings (in groups of three) to help make three stage AC present-day.
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- 195 Visitors


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Networking Shares Sink Market
TORONTO -- The key index ended lower, weighed down by selling of networking stocks, following gains Thursday.
The Toronto Stock Exchange 300 composite index fell 25.88 to 7639.84. The S&P/TSE 60 index closed down 3.41 to 448.03.
In contrast with Toronto, New York's markets performed strongly. The Dow Jones Industrial Average rose 115.30,...


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Search the Community
Showing results for tags 'rma'.
Found 13 results
rma Joining the unhappy people with CM's RMA process
Ghost_Leader07 posted a topic in Power SuppliesHey guys, This is my first experience with CM's PSUs and probably my last. a started a RMA process after the unexpected failure of my V1000 PSU and after reading about CM's RMA horrors i got worried. CM received my PSU and an email indicating its recipient was sent to me but it has been exactly 10 days since their last update and i was unable to communicate with them regarding it. now i see an update stating "Action Done" on my RMA page but i don't know what that means. can anyone explain it please? Any help is appreciate it. Cheers!
PSU Slow RMA [resolved]
A pile of dog poo posted a topic in Power SuppliesI have submitted my V650S for RMA. They acknowledged that they received it over a month ago, and I have not heard from them since. Can I please get a status update as to why it's taking so long? I would very much like my desktop computer back, and the fact that this seems to be a common problem is seriously concerning to me.
Unresponsive RMA Department
Leslie posted a topic in Power SuppliesI submitted a RMA request ticket 00115299 on Jan 24, 2017. I included a receipt showing that there is a 3 year warranty on the Power Supply. I got a message reply saying that it is NOT covered under warranty. Our company has been trying to call customer service and the RMA department everyday since the response and we can't get through. We've left numerous messages and I replied back to the ticket with no response. I even opened a new ticket 00115691 hoping someone would reply back but still nothing. I'm not simply a customer but a owner of a tech firm. Should this level of poor service and unresponsiveness continue, I cannot continue to purchase or recommend their product further. I hope our RMA issue gets responded to and resolved before it escalates as our next step is to report this to the Competition Bureau under Misleading Warranties and Guarantees.
CM won't respond to my emails regarding an ongoing RMA proccess
Ghost_Leader07 posted a topic in Power SuppliesHi Guys, I need your help regarding the horrible CM RMA process, i've been contacting CM support for more than a week asking about updates regrading my RMA but i've got nothing no response at all despite receiving my unit weeks ago yet not a single email. they've already passed the estimated time of sending a replacement... my RMA status is saying "Action Done" can anyone tell me what it means since i'm not getting any help or clarification from them. i'm getting frustrated and this is most likely the last time i'd buy a Cooler Master product. i honestly regret choosing CM over other brands.
Ong Jin posted a topic in MasterKeys General DiscussionHey guys, there has been a problem with my masterkeys pro s keyboard. I have a faulty mechanical blue switch for my "W" key that does not make clicking sound like its supposed to. I'm trying to get a rma but there is no RMA button under my product although I have registered my product and uploaded the receipt. My product is still under warranty. Please help!
PSU scratched paint = possible RMA rejection?
Athanasios K. posted a topic in Power SuppliesHello guys, I was a happy user of a Silent Pro M2 620W PSU for almost 4 years, until a couple days ago it refused to turn on my PC. I decided to RMA it, but I realised that there is a spot with scratched paint at one edge and the sticker has two scratches. Shipping cost is not insignificant, so I wonder if these scratches are enough to cause the rejection of my RMA when my PSU is received by Cooler Master. These are the scratches: https://ibb.co/i50Ri5 https://ibb.co/fTqsO5 Any help appreciated!
Typical RMA Processing Time?
madwheel posted a topic in Power SuppliesHi CoolerMaster, I sent my 850W PSU in for an RMA and I see that you guys received it on January 9th. I'm not angry but it's been close to 3 weeks now without the power supply and I'm really hoping for some sort of an update. If you can do anything to help with this please let me know. I can provide tracking as well. RMA: CUSUS1701022 Regards
I will never buy Cooler Master again. And you shoulden't either.
Dylan Hall posted a topic in General HardwareHalfway through October I came home to a Computer that would not boot, this normally would not have been an issue and I could have just replaced the PSU. But I'm a college student who recently suffered a financial crisis and can barely afford gas anymore. Now I immedietly mailed it out to CM's RMA department and they emailed me on Nov. 4th saying they recieved it. They also said it would be at most 7-10 buisness days before my replacement was shipped out. Well, Here I am on Nov. 19th and its been 11 buisness days. Not only that but I just got an email saying that my replacement "should" be shipped out sometime next week(That would be at max 17 buisness days!!). This support is unnacceptable. If I do not get my Replacement soon I will have to get a payday loan just to buy a replacement. And I can promise you Cooler Master. I will make sure that everyone who comes to me for advice when building their PC's gets a mouthfull on why you should never buy Cooler Master. I'm also off to issue my complaint with the BBB. You can also be certain that if i don't get my replacement soon ill be heading directly to my local "small claims court" to file a law suit. I am VERY displeased. EDIT: I have just filed my BBB complaint. It seems funny to me that you guys have an F rating with them. I expect someone to contact me and offer a resolution quickly. If not i'll be following up on my second promise by heading to my local small claims court.
RMA for Silent Pro GOLD 1000W
cameron chau posted a topic in Power SuppliesHello, I returned my product Silent Pro GOLD 1000W on December 21st. The RMA was accepted December 19th and somehow it sat at the warehouse for about 3 days while shipping said it had arrived earlier it was 'accepted' on the 31st. I have missed a lot of days of working because of this delay. I've done some research about the process of this RMA and so far for the past 2 years it seems cooler master has had warehouse delays. Is there a way to get a hold of someone quicker for this process I have a $3000 computer paperweight right now, and had I known it would take this long I'd buy a new one from a nearby electronics store. Please help, thanks. -Cameron Edit: Here's my RMA No. CUSUS1512178
Unable to RMA my PSU - Follow Up
Ed_7 posted a topic in Power SuppliesHello, This post is a follow up to the topic http://community.coolermaster.com/index.php/topic/12271-unable-to-rma-my-psu-desperate-dont-buy-cm-if-outside-usa/ which is now locked. I wanted to confirm to the CM Moderator "Inferno Storm" that In fact I have a valid US Adress for returning the replacement to. I don't have plans for traveling the US anytime soon, so I would like to be contacted by the US team via email to proceeed with the RMA request directly, instead of waiting for the IT team to solve the portal problems. On a sidenote, I logged in to my CM fanzone account, and tried to check my support tickets to see If there was any progress on that front, and I receive the following error message (Screenshot Attached): An operation on a socket could not be performed because the system lacked sufficient buffer space or because a queue was full 22.214.171.124:4432 So, at this point I'ts completely damaged and I cant follow up with Fellini. Awaiting for response, Eduardo
CM Silent Pro M600 probably dead: Question about RMA
Faruk Dzilic posted a topic in Power SuppliesHello First of all sorry for my bad english. I think my PSU Silent Pro M600 is dead, because absolutely nothing happens if I press the start button. No ventilator or HDD movement and no LEDs working. Every cable is properly attached, 20+4pin/4+4pin/power plug/case connectors/etc. Unfortunatly i have no option to test the mainboard/cpu/ram with another PSU. My Question: What happens if I request an RMA for a PSU and send it in that is actually not defect? Do I have to pay a fee or somethin like that? In the event that it is important: the shop where i buyed the PSU does no longer exist, so i have to contact CM directly. Thank you! Greetings from Vienna, Austria. Not so important: How do I change the Forum Display Name? It says in the CM fan zone "fail getting data".
Unable to RMA my PSU - Desperate // Don't buy CM if outside USA
Ed_7 posted a topic in Power SuppliesHello everyone, I'm writing this post regarding my futile attempts to create a RMA request for my Silent Pro M70 PSU since october last year. The automated process doesn't work for me. At first, I didn't even have an "RMA Request Button". After a long customer service conversation taking several weeks, I finally had the mighty button on my CM control panel. But I still cannot RMA my PSU because I'm outside USA, and even if there's a country drop-down list, the state slate is blank and the system doesn't allow me to go further. The most frustrating part of the process is that while I try to not be annoying and letting the IT department work, the system simply closes my case without resolving it, so I need to constantly re-open it. At this point I already bought another PSU from other brand, but I really liked the CM product and still wish to see this issue addressed. Is there anyone on the Cooler Master staff who can take my case as a human and help me RMA my product without waiting six months for the portal to work, or at least declining to offer support for people outside USA, so I can assume that I lost my money and never buy a CM product again? The customer service log is attached to the post for review. My ticket number is 00050791 Note: I made a mistake and published this topic in the cases subforum, so I'm reposting it here
Parts Request Taking a Long Time to be Approved?
lolpotato posted a topic in CoolingI bought a Hyper TX3 on July 16, 2014 and the included fan stopped working on July 20. The next day, I submitted a parts request # USPR0038087. It's been eight days since then and the "check status" page says that the request is still "pending approval." My question is: how long does it usually take for this process? It seems like mine is taking a while and I don't have another 92mm fan at the moment so my PC is pretty much a huge paperweight right now.


text: Although Jean Charlot (1898-1979) was born in Paris, and descended from parents he later described as "sundry exotic ancestors" – his father, a French businessman reared in Russia, and his mother, with her French, Mexican and Jewish lineage – Charlot was drawn to the Mexican part of his heritage. From the age of two, he was surrounded by pre-Hispanic antiquities. He studied in the Ecole des Beaux-Arts, exhibited in the Autumn Salon, and made the usual training tour of Brittany. During this time, Charlot painted small landscapes in oil on paper and pursued what was to become a lifelong interest in folk imagery. In 1922, after fighting in the First World War he decided to move to Mexico. He shared a studio with the painter Fernando Leal and became involved in the booming artistic scene promoting wood engraving and lithographic techniques. He quickly established himself in the art community of Mexico City and befriended Diego Rivera, David Álfaro Siqueiros, and José Clemente Orozco, main figures in the Mexican Mural movement of the early twenties known as the Syndicate of Painters and Sculptors. The movement quickly spread to the USA. Charlot is credited by Rivera for reviving and refining the art of true frescoes. Charlot and the others visited the US and taught – mostly in New York – this true fresco technique. After working from 1929 with lithography printer George Miller in New York, Charlot began a lifetime collaboration in 1933 with Lynton R. Kistler, master lithography printer in Los Angeles, reputedly making the first stone-drawn color lithographs in the United States. In 1947, he moved his family to Colorado to take over the Colorado Springs Fine Arts Center Art School. He resigned over a dispute concerning tenure and moved to Hawai'i to teach at the University where he remained for about thirty years until his death in 1979. While in Hawai'i he continued to create monumental murals, produce large numbers of lithographs and illustrate many books. Jean Charlot devoted himself to themes of family and the working class, revealing the universality of human nature. He was known as the "Champion of the Everyday" showing people doing things which were important to them – the simple, everyday activities that make up living. Charlot felt that "art is to thought what man's voice is to man – a fast and faithful means of communication". He created art for the people – art that instructed, edified and amused. He is best known for his extraordinary sense of color and for the sublime simplicity of his compositions.


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The 286 acre Morro Dunes Ecological Reserve was designated as an ecological reserve in 1983. It consists of two units: the 236 acre Bayview Unit and the 50 acre Pecho Unit.
The ecological reserve is within the Los Osos coastal dune complex south of Morro Bay providing habitat for the endangered Morro shoulderband snail, Morro Bay kangaroo rat, and a variety of reptiles, birds, amphibians and butterflies. Significant plant resources include coastal sage scrub, dune scrub, Morro manzanita and maritime chaparral.
For more information, call the Central Region Fresno office at (559) 243-4005.
Activities: wildlife viewing and hiking.
Hunting and equestrian use is prohibited.
PLEASE NOTE: For information on public use regulations for this area and other Department lands please refer to the CDFW Public Lands Regulations booklet. Scroll to the Table of Contents. Locate the page number for general regulations for public uses on all Department lands. For additional regulations that apply only to certain properties, check the Table of Contents for sections that refer to additional or property-specific regulations for wildlife areas or ecological reserves. All visitors are responsible for knowing and following the general and property-specific regulations.
Wildlife Branch - Lands Program
1812 9th Street, Sacramento, CA 95811
(916) 445-0411
Central Region (Region 4)
San Luis Obispo County
Directions: The Pecho Unit is on the northern edge of Montana de Oro State Park, on Pecho Valley Road. Access is from Montana de Oro State Park at the Rim trailhead parking area.
The Bayview Unit trail access is from Broderson Ave, south of Los Osos Valley Road.
CDFW Lands Viewer