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From Bill Bonner and his crew at The Daily Reckoning.
Is the Bounce Still Bouncing?
by Bill Bonner
Buenos Aires, Argentina
Is the bounce still bouncing? We don't know. But we don't trust it. They say the stock market 'looks ahead.' So, it is possible for it to see things we can't see. On the other hand, what was it looking at two years ago? Didn't it see the economy going over a cliff? Apparently not.
But investors tend to believe what they want to believe. And what they want to believe is that the stock market has had its vision corrected and now sees a recovery.
Our guess is that they are wrong on both scores. The stock market is just as blind now as it was in early 2007...and there is no recovery coming any time soon. As to the first point, we have no further evidence to present...but as to the second; at least we have a theory.
By our reckoning, this is not a recession...this is a depression. In a recession, the bull market formula still works. It just needs a little time to rest...catch its breath...work off inventories...and rebuild cash accounts. But in a depression, the formula stops working.
The basic formula that drove the U.S. economy for the last 60 years has been the expansion of consumer spending. At first, that spending was healthy spending. People had built up savings during the war. In the Eisenhower years, they were ready to get back to work in the consumer economy, get married, have children, and spend money. America was the world's leading lender...leading exporter...leading manufacturer...and leading everything. Gradually though, having so many advantages caught up to the United States of America. By the '70s, the Nixon administration thought it could do away with the gold backing for the currency. By the '80s, the United States slipped from being a net creditor to being a net debtor to the rest of the world. By the '90s, American consumers were spending more than they made...and by the '00s they had given up saving all together - depending on the savings of poor people in China and elsewhere in order to continue living beyond their means.
Each time this system was faced with a recessionary correction, at least in the last 25 years, the feds tried to stimulate consumer spending with easier credit. And each time, consumers took the bait and got hooked on more debt. That's why the financial industry expanded so much...it sold more and more debt in more and more grotesque and amazing ways.
This time is different. This time the feds have responded with zero interest rates...and $13 trillion worth of bailouts and boondoggles. But the old magic doesn't seem to work anymore. This time, the formula no longer works. Consumers already have too much stuff - and no way to pay for it all. They have no choice; they have to cut back. This is not a pause in the long cycle of increasing consumption, debt and speculation. It is a reversal of the cycle - with less consumption and less debt (more savings). This is a depression.
If left alone, this cycle will see falling asset prices, falling bond prices and rising savings for many years. Stocks should sell down to levels where they are attractive again - at average P/Es below 8...7...or even 6. And with dividend yields above 5%.
Of course, when that happens people will have lost interest in stocks. The financial magazines will have pronounced the stock market "dead" and Jim Cramer will have been booted off the air.
By that time, the economy will have been restructured too. There will be less retail space. Many malls will have gone broke. Living standards in America and Britain will have gone down. And many of the people in the financial industry will be doing what they ought to have been doing all along - taking lunch counter orders.
Still a long way to go...
Now, we turn to Addison for news on the global financial losses:
"Banks, brokerages, fund managers...you name the financial firm...they've now seen nearly $4.1 trillion in digits evaporate since the beginning of the credit crunch, says the International Monetary Fund (IMF) this morning."
"More than half the losses - $2.7 trillion - were sustained by U.S. firms," explains Addison in today's issue of The 5 Min. Forecast.
"So far, global financial losses in this bust are almost equal to the entire market cap crunch of the tech bust early in the century:
"In an effort to paper over the losses abroad, the IMF has already funded over $55 billion in emergency loans to European nations including Hungary, Serbia, Romania, Iceland, Ukraine, Belarus and Latvia.
"Last week, Mexico became the first Latin American country to put up the white flag, asking for a $47 billion line of credit. Just yesterday, Columbia followed suit, seeking $10.4 billion. We'll go out on a limb here... they won't be the last."


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Submit News
Microsoft: Windows 8 Sales "Just Getting Started"
Tiffany Kaiser
February 5, 2013 6:18 AM
Recipient E-mail
Sender E-mail
Tami Reller
(Source: winsupersite.com)
Now that new touch devices are finally being released, Microsoft expects Windows 8 sales to jump
Windows 8 has taken a lot of criticism since its release last fall, but a Microsoft executive insists that the new operating system is off to "a solid start."
Tami Reller, Microsoft's head of business and marketing for Windows, said that Windows 8 had a bit of a disadvantage in the sales area because many tablet and convertible devices running the new OS weren't available at launch.
"It's built for a generation of new devices," said Reller. "They didn't all come for holiday.
"We are really only just getting started. It's a solid start."
Last month, Microsoft bragged that it had sold
60 million Windows 8 licenses
. This was great news, considering it took Windows 7 a little over three months to achieve that sales figure.
actual usage figures
for Windows 8 are below that of Windows 7 at the same point in its release cycle and is even
lower than that of Windows Vista
(meaning, 60 million licenses sold doesn't equal 60 million Windows 8 devices out there
But Reller insists that Windows 8 was made for touch devices, not just desktops -- and when more touch devices are released, Windows 8 should see a jump in sales.
Microsoft's first homemade tablet, Surface RT,
hasn't seen amazing sales
either. Just last week,
market research firm iSuppli said Microsoft's Surface RT shipments into the channel for the fourth quarter were about 1.25 million, but sales out of the channel were only about 55-60 percent of that. This equals about 680,000-750,000 unit shipments, which is well below the 1 million mark.
Also, even though the Surface RT was released in the fourth quarter, Microsoft just missed IDC's list of top five vendors in the U.S. tablet market. Apple topped that list for the first time with its iPad.
Microsoft is releasing the Surface with Windows 8 Pro on February 9, which will feature the full version of Windows 8 instead of the Windows RT operating system (a version of Windows 8 for ARM-based tablets only).
All Things D
"We're Apple. We don't wear suits. We don't even own suits." -- Apple CEO Steve Jobs
Related Articles
IPad Market Share Falls Slightly, Microsoft Surface Sales Weak
January 31, 2013, 1:03 PM
Quick Note: Microsoft Announces 60 Million Windows 8 Licenses Sold
January 8, 2013, 5:30 PM
Windows 8 Usage Sinks Below Vista Levels
January 4, 2013, 12:39 PM
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Kate Middleton will arrive at Westminster Abbey for her April 29 wedding in a Rolls-Royce that was damaged in December when Prince Charles and his wife Camilla were attacked by student protesters, officials said Tuesday.
Stories from
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The distinctive claret and black 1977 Rolls-Royce Phantom VI will have its damaged paintwork and windows repaired by the royal couple's wedding day, officials promised. The car was damaged Dec. 9 when a mob protesting student fee hikes hit the car with sticks and bottles.
"There was paint damage and damage to the glass," said Alex Garty, transport manager at Buckingham Palace. "The repairs are ongoing. We're using that opportunity to give her a 60-minute makeover, so she will look her best for the wedding."
Prince William dresses down, sports sneakers on lunch date
Royal brides have typically arrived for their weddings in special horse-drawn coaches, but Middleton has decided to travel to the church by car.
After the ceremony, she and Prince William will ride in an open-topped 1902 State Landau horse-drawn carriage for the procession back to Buckingham Palace, unless inclement weather leads them to use the famed "Glass Coach," which has a fixed roof to keep rain at bay.
The 1902 State Landau, housed at the Royal Mews near Buckingham Palace, was built for King Edward VII for use at his coronation. It is typically used by the queen to meet foreign heads of state on official visits to Britain.
More about the Royals
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A twin bicycle? A coffee table book? Outdoor gear?! Find out which politicians gave what to the royal newlyweds.
- Prince William to return to work before honeymoon
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- Royal wedding's flashy fashion
- Politicians go rogue with royal wedding gifts
Don't get stressed, Hillary Clinton tells Wills and Kate
The crowd-pleasing Glass Coach, which will be used only if there is steady rain, was built in 1881. In the past it has been used to carry royal brides, including Diana and Sarah Ferguson, to their weddings.
Charles' press office Tuesday released details about the procession indicating there would be five horse-drawn carriages.
Keep the royal romance fresh — with a Will & Kate fridge?
The first would carry William and his bride. The next two carriages would carry Prince Harry, the best man, and Pippa Middleton, the maid of honor, and the bridesmaids.
The next carriage will carry Queen Elizabeth II and her husband, Prince Philip, followed by a carriage with Prince Charles, Camilla, the duchess of Cornwall, and Michael and Carole Middleton, the bride's parents.
Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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"Lord Venkateshwara Temple in Tirupati is the best example of history, heritage and divinity preserved. Being an inseparable part of devotees lives for centuries, Tirupati Temple has grown from strength to strength and has become the most revered Hindu pilgrimage site in the world. Also crowned as the most visited and ...


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|Warmwater flyfishing Bass, pike and even muskies in your backyard
|Topic Review (Newest First)
Hi Hal
My knee jerk reaction would be to say," It is better to have loved and lost than to have never loved at all" However, you and I both know that is of very little consolation to the broken hearted. I bet she has A girle friend out there some where. Just waiting to be loved.
The best to you
PS Thankyou for the link. It looks really good.
It was in "The In Zone Thread" from last December. Stories about when you thought you were about to catch a fish and it turned out true. In my case almost true. You can also find the thread by using search engine above, type in flowage, you will get a match
Here is the story unedited. Cut and paste worked. I can't read it again it hurts to much. There is no way any fly rod would have brought this fish in, I can see why the old Wisconsin musky fisherman use to use metal rods like pool sticks to fish for the world record musky in the Chippewa Flowage and other Nothern Wisconsin waters. Where the Musky is King. They can eat any other fresh water fish for sure. Big salmon would be no problem for these girls. All the big ones are females BTW.
Enjoy !
Yes that feeling does occur at times. Mainly when I know there are steelhead or salmon in the pool and the conditions are perfect. Quite a feeling of anticipation when you believe the next cast or two will be a hook up.
But I have to say the most memorable feeling and event was a huge Musky I hooked up with for an hour on the Chippewa Flowage in Northern Wisconsin 6 years ago. I dropped off my boys at the campsite and went out by myself. Musky fishing is a lot like Steelhead fishing. The fish of a thousand casts they call it. I was dfifting over one of the most famous bars (shallow sand and weed humps in the middle of the lake) on the flowage which is named Petes Bar. Very famous place for Musky fishing. Many big musky have pulled off this location in the last century. The conditions were perfect in late June for big musky, windy, sunny day in the eighties, with a good chop on the water. Drifted over the bar 2 or 3 times skimming the tops of the weed beds with a medium size mepps spinner. Noticed on the fish finder this large object on one of the passes. Had fished there for several years and knew there were no major log jams or down trees. Looked like a big muskie, but of course I was not sure.
Well, I was bringing the Mepps through the bar and just new something was going to happen. The Mepps just stops. Nothing moves, and I am setting the hook with 40 pound test and a medium stiff musky rod. These rods are very stiff and similar to pool cues. Get the idea very strong. Well I ran the 16 foot lund over to where I now beleive the snag is. I get on top of it and start pumping convinced it is a tree stump. I did this for maybe a couple of minutes and was just about to cut the line and tie on another lure. Well the stump starts moving very slowly and taking line, maybe 20-30 yards. Remember in Jaws when the shark starts taking the bait very slowly, with the slow click, click of the drag ? Well that is what it was like. I still was not sure it was a fish. This went on about 5-6 times me chasing the fish by restarting the motor, getting over the fish and pumping to get it to move. It would just move slowly away after I got over it and started pumping. Actually I think it was moving back and forth from maybe two locations. This went on for about 40 minutes. A very tiring experience I can assure you. Was out there by myself with no boats to help me either. Knew the odds were way against me.
I was actually getting so tired that I almost cut the line and said the hell with it. I could tell it was starting to tire since I could raise it somewhat and got a quick look at its outline beneath the surface. It was a 5o to 60 inch fish and probably 50 pounds or more. Problem is the water in the flowage is stained from the peat swamps, like a tea color and visibility is only a couple of feet down.
Finally, I just said this is it, one last assault on this thing. I knew I was finally totally out of my league with a fish. I put all the pressure I could on it, I think it just said it is time to end this. She took off like a freight train, my reel was screaming, and then I saw the birds nest in my bait casting reel which had developed from all the chasing and pumping I put on to the fish. She was going hard and I could see the birds nest coming, I knew it was over, I just pointed my rod guides directly at the running fish and the 40 pound test popped like 2 pound test. I was beaten, my reel was trashed but what an experience.
That I am sure is going to be the most memorable fish story of my life. The world record musky was caught on the Chippewa Flowage very close to where I was fishing. That was caught back in the forties I think, was a 69 pound fish which is still the world record.
The experts said there was a huge musky hanging out at Petes Bar which people had hooked but no one could land.
Was this the fish I hooked, I don't know for sure, all I know it was the strongest fish I ever had on, and will be dreaming about the experience for the rest of my life.
Yes there were some witnessess which after I got back to the campground they acknowledged seeing me fighting the fish. They really could not have helped much though thinking about it in retrospect.
At that point in my Musky career I had been thinking about trying for them with a fly rod. After this experience I said forget the fly rod for this fish and never went further with that idea.
Perhaps a future encounter with a west coast 20 pound plus wild steelie on the fly will be the event which tops this one, I hope so
Capt Gordon,
The Big D would be the Delaware another one of my favorite water sheds. Lived in NJ 29 years and FFit a lot for trout, smallmouth, shad.
Great river system hope it is doing well.
Only drink Old Milwaukee or Old Style when musky fishing in wisconsin, just like the Wisconsin Cheese Heads (locals). Lets not talk about that anymore.
Here is a current article on Pike fly fishing similar to musky, but musky are harder, they do not feed as much. If you are there when the bite is off forget it.
Need to fish weeds and cabbage beds, and sunken timber, or fish cribs. Underwater structure especially weeds and cabbage they will be around. Also cover a lot of water see the tips already given.
Could be a zipperlip secret Musky lake out there. Most people there fish salmon, steelhead, trout. Don't give out the name on the net is my advice.
Also look in the warm water section of the board for past pike and musky threads there were some in December with good links to web sites etc.
Good luck,
Will find my past thread on the Big Musky lost. Don't really want to think of that event again, one of those special ones it was.
Thank you for adding to my education. I'm not at all familiar with things back east. I reaaaaaaaally wanted to to make some wise crack about PMSflyfisher but you don't know me that well so I figured that wasn't cool. I am looking forward to reading your link on Musky. Let me know when you find it!! The only thing better is when I can buy the Guinness.
|Dble Haul
Here's a couple of letters for you....
Around here, the Connecticut River is widely referred to as simply the "CT". While driving to the river in my RAV-4 SUV, I listen to VH-1 radio so that I can hear U2, UB40, REM, and EPMD. FM is always better then AM, and when I arrive at my spot everything is A-O-K. But if the fish aren't biting, I'm SOL.
I also have a CB in case of emergency or need of SOS.
Now my head hurts....
Big D
PM is a good one that's for sure, how about this, the" Big D". That's as close as I can come. It's a river in the east.
No problem on the advice, I was and still am a musky fanatic, just need to find the time to start the pursuit again. Read my Chippewa Flowage musky story back in November. Will let you know what thread that is in. Have to look for it. That was defintiely in my top three fishing days.
PM stands for Pere Marquette (PM) , famous Michigan steelhead, trout, salmon river. Wild and Scenic river, holy water no kill, fly fishing only, world class fishing when you hit it at the right time. Ernest Schwiebert wrote in 1980s it was the only river in Ameriica that was instantly known among all fly fisherman by just two letters. That how it is today in the Mid West, say PM to fisherman and they all know what you are referring to. Now has an international reputation.
If anyone knows of another American river that has name recognition by just two letters, let me know.
thanks to everyone
I want to thank everyone for all the great advice.When I started fly fishing about seven yrs. ago, I didn't know anyone who fished letalone(I'm sure that's A word somewhere in the world) fly fish. It has been every bit as fun as it has been frustrating at times. So once again thank you; STEELIESON, FRENCHCREEK,DBLHAUL,DOUBLESPEY,and PMFLYFISHER.
Hay PM. does that mean you are A afternoon fisher ? Any way do you have A paypal account? I can't drink anymore but I understand GUINNESS(SP. ?) is VERY GOOD. When I catch one, I'll send you the money and you can have one for each of us. That ok?
Doublespey,it is nice to know there is at least one other guy out here who is nuts enough to try to catch these fish on A fly. I have A 17 ft. sled and it is A great boat to fish out of.It's A tiller and there is nothing to get in the way of fishing. If you are serious about trying this I would be pleased to get together. send me an email and let me know if you think you would be interested
An Appreciative
Forgot, in the spring use a smaller fly to imitate the hatching forage fish in the water you are pike or musky fishing.
Thats what I did when looked that monster musky on the Chippewa Flowage, Wisconsin five years ago.
It only took me three years to figure that out.
You owe me a beer some time. I do think the smaller streamers work in the spring better. Lots of experienced musky fisherman were throwing smaller lures even in June up in wisconsin
|Dble Haul
I'll second the opinion already stated about the book "Pike on the Fly" by Barry Reynolds. It's a very good read and I highly recommend it to anyone who might be serious about pursuing pike and muskie on a fly.
It's hard to add to the advice that's already been given, but I'll give you a common misconception about these fish in the pike family: the fallacy that they're very active after dark. Unlike bass, pike and muskies are fairly inactive after dusk when the darkness is complete. It's usually not worth your effort to go after them at this time. Why? There's a few theories kicking around that I won't get into, but suffice it to say that your best fishing will be from dawn to dusk.
Good luck, and let us know how you do!
Great Tip!
Thanks FC - you made my day!!! We had long discussions on the water about how to imitate (or improve on) the classic "8" you use at the boat to tempt followers while chucking hardware for Muskies in Eagle Lake Ontario last year.
Throwing mends to change the fly's direction (along with speed) - with all those long hours in the boat it's amazing neither of us came up with that one!
Pike & Muskie Technique
This often works for me
I use a mnin-sink tip (Teeny line) in water up to 15 feet deep and a dry line in water up to 7 feet. Then cast as far as I can in likely holding water. Fastest retrieve that I can get (double hander) and then when the fly is about 15 to 20 feet away from me, I throw a large mend into the line to change direction and do this a few times while retrieving. It usually produces a strike if a follower is around, often works in shallow water as well when sight fishing.
As for flies, anything goes, my fav is the Yakka-Pikka. I think it imitates whitefish which are plentiful where I fish and it also looks like a chubb which is where I fish for muskies.
Teeth 'r Us
Hi Dutchman,
Heading down there myself to try for the same species soon, so any experiences you have will be appreciated!
I've caught many pike (and some muskie too) on gear with my Dad in Ontario CA, but haven't experimented closer to home (I live in Seattle).
I do know people who fish the Muskies in Mayfield - the chosen plugs are smaller than they use in CA - typically the 4-5" long jointed floating rapalas and such- fished around weedbeds and structure.
I recently bought a book - Flyfishing for Pike - that really helped with patterns and techniques for different times of the season.
It sounds like a floating, or sinktip, line would work for these fish and any larger water-disturbing fly with some flash. He likes his bunny bugs (rabbit strip flies) and a number of Dahlberg Diver ripoffs.
The author also talks specifically about Tiger Muskies ( he fishes them in Colorado reservoirs) - they sound like a fish of fickle temperment and he shares some of the maddening experiences he's had with them.
Cast and strip ~fast~ is usually the ticket. The author also talks about varying retrieves to see what they want on any given day. It doesn't sound like there are many absolute rules in Muskie fishing tho - get out and give it a go.
Oops . . .almost forgot. One of the things I love about Pike and Muskie?? They don't mind bright sun and seem as aggressive at midday as they are at dawn or dusk (unlike Steelhead)!
Good Luck!
Large pike type streamers should work, look at past threads on this board for that. Pattern of the bait fish in your local waters
Look for weedy or timber shallow sandy bar areas that are close to deep water.
Would use a light steel leader and really sharp large strong hooks.
Muskys like fast retrieves, you can strip it fast enough to take it away from them.
They are notorious for following the lure and not hitting. A technique developed in wisconsin where I have musky fished is to do a figure 8 at the end of the retrieve with the lure or fly, a sudden change of direction many times works to have them attack right in front of you.
I hope your heart is OK, because these can be savage attacks
In spring spawning period try the northern shallow areas where there is cover as stated above on sunny days. Water warms faster on northern side of lake and fish will find it.
Tight lines, Take nothing but pictures, leave nothing but tracks !
P.S. Oh yeah, make sure you have a large bottle of Advil ready at the end of the day, you will need it.
There is a reason they call musky "The Fish of a Thousand Casts"
Good Luck
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The cannon salvo that thundered over Springfield, Illinois, at sunrise on November 6, 1860, signaled not the start of a battle, but the end of the bitter, raucous six-month-long campaign for president of the United States. Election Day was finally dawning. Lincoln probably awoke, like his neighbors, at the first cannon blast, if, that is, he had slept at all. Just a few days before, warning that "the existence of slavery is at stake," South Carolina's Charleston Mercury had called for a prompt secession convention in "each and all of the Southern states" should the "Abolitionist white man" capture the White House. That same day, a prominent New York Democrat prophesied that if Lincoln were elected, "at least Mississippi, Alabama, Georgia, Florida, and South Carolina would secede."
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Yet the danger that a Lincoln victory could prove cataclysmic did little to deflate the city's celebratory mood. By the time the polls opened at 8 a.m., a journalist reported, "tranquility forsook Springfield" altogether, and "the out-door tumult" awoke "whatever sluggish spirits there might be among the populace."
Less than three weeks earlier, Lincoln had confided to a caller that he would have preferred a full term in the Senate, "where there was more chance to make reputation and less danger of losing it—than four years in the presidency." It was a startling admission. But having lost two senatorial races over the past five years, most recently to Stephen A. Douglas—one of the two Democrats he now opposed in his run for the White House—Lincoln's conflicted thoughts were understandable.
Looking at his electoral prospects coolly he had reason to expect he would prevail. In a pivotal state election two months earlier, widely seen as a harbinger of the presidential contest, Maine had elected a Republican governor with a healthy majority. Republicans had earned similarly impressive majorities in Pennsylvania, Ohio and Indiana. Lincoln finally allowed himself to believe that the "splendid victories... seem to fore-shadow the certain success of the Republican cause in November."
Complicating matters was the fact that four candidates were competing for the presidency. Earlier in the year, the sectionally riven Democratic Party had split into Northern and Southern factions, promising a dilution of its usual strength, and a new Constitutional Union Party had nominated Tennessee politician John Bell for president. Though Lincoln remained convinced that no "ticket can be elected by the People, unless it be ours," no one could be absolutely certain that any candidate would amass enough electoral votes to win the presidency outright. If none secured an absolute majority of electors, the contest would go to the House of Representatives. Anything might yet happen.
Stephen A. Douglas, the presidential standard-bearer of Northern Democrats, took care to deny that he harbored hopes for such an outcome, but privately dreamed of it. Outgoing President James Buchanan's endorsed choice, Vice President John C. Breckinridge of Kentucky, had improbably emerged as the Democratic favorite in the president's home state of Pennsylvania, where "Old Buck" still enjoyed popularity. In New York, opposition to Lincoln coalesced around Douglas. Horace Greeley, editor of the pro-Lincoln New York Tribune, exhorted the Republican faithful to allow no "call of business or pleasure, any visitation of calamity, bereavement, or moderate illness, to keep you from the polls."
Despite the lingering uncertainty, Lincoln had done next to nothing publicly, and precious little privately, to advance his own cause. Prevailing political tradition called for silence from presidential candidates. In earlier elections, nominees who had defied custom appeared desperate and invariably lost. Besides, when it came to the smoldering issue of slavery, the choice seemed clear enough. Douglas championed the idea that settlers in new Western territories were entitled to vote slavery up or down for themselves, while Breckinridge argued that slave owners could take their human property anywhere they chose. Against both stood Lincoln.
Such profound disagreement might have provided fodder for serious debate. But no such opportunities existed within the reigning political culture of mid-19th-century America, not even when the canvass involved proven debaters like Lincoln and Douglas, who had famously battled each other face to face in seven senatorial debates two years earlier. Worried that Lincoln might be tempted to resume politicking, William Cullen Bryant, editor of the pro-Republican New York Evening Post, bluntly reminded him that "the vast majority of your friends...want you to make no speeches, write no letters as a candidate, enter into no pledges, make no promises, nor even give any of those kind words which men are apt to interpret into promises." Lincoln had obliged.
He was already on record as viewing slavery as "a moral, political and social wrong" that "ought to be treated as a wrong...with the fixed idea that it must and will come to the end." These sentiments alone had proven enough to alarm Southerners. But Lincoln had never embraced immediate abolition, knowing that such a position would have isolated him from mainstream American voters and rendered him unelectable. Unalterably opposed to the extension of slavery, Lincoln remained willing to "tolerate" its survival where it already existed, believing that containment would place it "in the course of ultimate extinction." That much voters already knew.
When a worried visitor from New England nonetheless urged him, the day before the election, to "reassure the men honestly alarmed" over the prospect of his victory, Lincoln flew into a rare fury, and, as his personal secretary John George Nicolay observed, branded such men "liars and knaves." As Lincoln hotly explained: "This is the same old trick by which the South breaks down every Northern victory. Even if I were personally willing to barter away the moral principle involved in this contest, for the commercial gain of a new submission to the South, I would go to Washington without the countenance of the men who supported me and were my friends before the election; I would be as powerless as a block of buckeye wood."


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Canadiens' Maxim Lapierre is pushed off the puck by Islanders' Jack Hillen Tuesday night. Bruce Bennett/Getty Images
Preview | Matchups | Tuesday's NHL schedule | Boone's Game Blog and About last night … | Stubbs on Twitter | Hickey's game story
AUDIO: Brian Gionta | Tomas Plekanec | Ryan O'Byrne | Josh Gorges | Jacques Martin
• At a Glance: The Canadiens came out flat against the New York Islanders, trailing 1-0 after 20 minutes and being badly outshot and outplayed, eventually losing 4-3 in a shootout. The Canadiens woke up in the second period with goals by Tomas Plekanec, his 25th, and Brian Gionta, who tied Michael Cammalleri for the team lead with 26 goals. Blake Comeau scored the game's first goal and Sean Bergenheim tied the game 2-2 only two minutes into the third period and the Islanders were buzzing the net after that, with the Canadiens on their heels a little. But Maxim Lapierre scored a pretty goal four minutes later as he fought off two defenders and went in alone on Martin Biron, beating him with a nice backhand to the roof of the net. But the Isles did not roll over with Frans Nielsen tying the game 3-3 with 2:01 to play. Halak allowed two goals in the shootout, while the Canadiens could not beat Biron. Halak faced 42 shots in 65 minutes of play, making 39 saves, but he was beaten handily in the shootout.
• Key Moments: Halak was left alone in the first period as the Islanders took 15 shots on net, with Halak stopping all but one, while his teammates could muster only five shots on Martin Biron. Halak also made an incredible save on John Tavares in the third period shortly after the Islanders had made it 2-2.
• What It Means: The Canadiens miss a chance to clinch a playoff spot and drop to 39-32-9 for 87 points. The Flyers' win in Toronto prevents Montreal from clinching.
• What's Next: Two games remain the regular season, with a visit to the Carolina Hurricanes on Thursday and a home date against the Toronto Maple Leafs to finish the season.


text: Virginians, it's time to spread the word! Sending beautiful flowers, lush plants and decorative gift baskets is simple and convenient with 1-800-FLOWERS.COM. From the Appalachian Mountains to the Coastal Plain, you can reach every important VA local and deliver a special gift for every occasion or season. Don't let an important date on your calendar go by this year!


text:
Davoli Davolisint
Well there it is, Italy's first analog synthesizer. The rare Davolisint was released in 1972. It's not so much a synthesizer as it is a monophonic organ. And while it may be a historic instrument in terms of Italy's contribution to synthesizers, the Davolisint is actually kind of awkward and leaves a lot to be desired for us 21st century folks.
It was produced by Davoli Krundaal Musical SRL, a small Italian company that manufactured various musical accessories and organs. The Davolisint began their foray into synthesis. It offered two analog oscillators with only one very harsh square waveform, independent vibrato for each oscillator and portamento. And that was pretty much all! No filters, envelopes or oscillator syncing. The only real option available to shape the sound was the ability to detune the two VCOs. And before getting too excited about it having two VCOs, remember that they have the exact same waveform. The keyboard is only playable over two-octaves; the lower grey keys of the keyboard are redundant momentary switches that mirror the controls of the rocker switches above.
On the left-hand side of the keyboard are rocker switches to engage the various footages of the oscillators, from 32' all the way up to an ear-piercing 1/2'. Multiple footages could be engaged at one time creating a full sound many octaves thick. However, this is not polyphony—the Davolisint is monophonic and uses an octave divide-down technology to layer octaves of the same note. The rocker switches on the right side turn on or off VCO1, VCO2, Vibrato 1, Vibrato 2, T1 and T2 (which engage increasing amounts of portamento) and C—a sort of constant drone of the low C note. In the middle there are sliders to adjust the tuning of VCO1 and VCO2, and the rates and depths of Vibrato 1 and Vibrato 2. All that remains is the "Extend" lever which is a spring loaded pitch bend—pull it down and the pitch bends upward one full octave, and then the lever slowly returns to its default position.
So most of these basic rocker switches—footage, Vibrato 1 and 2, T1 and T2 and C all have redundant control from the keys within the grey octave. The idea was probably that while playing, it would be easier to make quick changes to your current settings right from the keyboard instead of reaching for the rockers. For example, want to quickly add a dose of vibrato to VCO2 during that solo, just hold down the VIB 2 key while playing, as needed. Or you could add extra octave footages while playing, just to articulate some variations to the sound, or to shift the keyboard up or down some octaves. In fact, creative use of the grey keys could actually lead to some really dynamic performance results not really possible with traditional synths.
While the Davolisint may seem like something that, arguably even deserves to be called a synthesizer, it should be remembered that the year was 1972. Compact synthesizers were only just beginning to emerge. In fact many synths about to appear in this era included analog synthesizers based on scaled down modular systems, string synthesizers and organ-based divide-down synths like this one. In other words, the synthesizer world was still developing. So limitations aside, the Davolisint does deserve a place in history as being the first Italian synthesizer, soon to be followed by those from Crumar, Siel, Logan, Elka, EKO and Jen. It has been used by Dave Sinclair of Caravan and the Moog Cookbook.
Amazingly, the Davolisint inspired a free VST soft synth version in the Elektrostudio DavoSynth (circa 2009). It's pretty faithful too, except for stereo sound and delay, chorus and adjustable pitch bend range.
Lookup Davoli Davolisint Prices
The link above will take you to an eBay search for this synth to see active listings with more images, specs and information. If you don't find it there, try looking in our forum marketplace. Our marketplace gets thousands of visits every week so make sure to check back often if you want to buy or sell a synth.
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Are you looking to buy or sell a Davoli Davolisint? Post an ad in Gear For Sale or a request in Gear Wanted. For spare parts and repair services check out Gear Services & Other Goods. Our forums also has a Buyer's Guide section where you can ask for advice on buying synthesizers.
- Demos & Media
- Specifications
- Polyphony - Monophonic
- Oscillators - 2 VCOs
- Waveforms - Square
- Modulation - 2 Vibratos (one per oscillator)
- Filter - None
- Envelope - None
- Effects - Portamento
- Arpeg/Seq - None
- Keyboard - 25 keys
- Memory - None
- Control - Proprietary Pedal Board Socket
- Date Produced - 1972 - 1975
- Websites of Interest
- Shop for Keyboards, MIDI & Gear
Guitar Center: Synths and MIDI
Sweetwater: Hot items in Keyboars section
The Musician's Friend: Keyboard gear
AMS: Brand synths and accessories
The Woodwind & Brasswind Store
music123.com: Synth Blow Out Deal Section
zZounds: Keyboards and MIDI equipment
- Resources & Credits
Original images from Flickr - SwitchedOnAustin and VST Cafe
Reviewed January 2012
Errors or Corrections? Send them here.


text:
Am I crazy or is there an over abundant amount of "pointing labs" on the RTF?
Am I crazy or is there an over abundant amount of "pointing labs" on the RTF?
Your crazy!!
HRCH Rocky Mountain Rosco SH (RIP)
HRCH Satins Jumpin Jedi MH (600+points)
HRCH 4X GMPR KB's Snakey Jake of Poudre River MH (600+points)
HRCH APR Lady Satin of Black Forest JH
HRCH MPR KB's It Showtime of Bearpoint (Star) JH
HRCH KB's Loaded to go Allie SH
HRCH 4XGMPR KB's Blazin White Thunder (Blaze 500 points) SH
HRCH 4XGMPR KBs Right To The Point Ike SH
HRCH 4XGMPR KBs Hunters Dream SH
HRCH 4XGMPR KBs They Call Me Beau SH
HRCH 4XGMPR KBs Princess Sage SH
your crazy
A cold nose feels good on a hot day.....
Majestic Oaks Liberty Belle JH
Can someone help me out here?
What is the reason for a pointing lab?
Aren't upland retrievers supposed to flush game, not point at it?
I expect the boy to flush the bird then sit on his fuzzybutt until sent to retrieve the bird. He will point small game (rabbits, mice) around my yard, but never a bird in the field. He flushes those.
Sorry to sound dumb, just don't get it. Probably just lack of knowledge and/or experience on my part.
Barb Gibson
CH Rosewood Little Giant VCD2 UDX VER RA MHU SH MXP MJP MFP T2BP TD DJ VCX WCX CCA CGC FFX-OG
also UCH HR UH UUD NN UJJ URO1 UHIT
(golden retriever) born 3-10-07
a.k.a. "Tito", "The Tito Monster"
Barb my same thoughts.
A cold nose feels good on a hot day.....
Majestic Oaks Liberty Belle JH
I think we all have our thoughts and it relates to what we do with our dogs. I don't have pointing labs, mine flush, but I have hunted with a number of older gentlemen (70's) that have great pointers allowing them to have a great duck dog and then an extremely hard charging upland dog that will wait for them to catch up and make a shot. As a wild bird hunter too, I can't say that having a dog that sits on the flush is too beneficial as those big roosters routinely hit the ground with legs and will be a mile away when you send your dog. I understand sit to flush for a guide dog on a game farm or for something to put as a requirement for a test but in my eyes (just my personal opinion for my needs) it isn't a trait for a gun dog. Again we all have our own opinions and needs and I would love a good pointing lab that can
Sorry, closed windo to soon, a pointing lab that can be competitive in the rest of the games that help is pass time until hunting season.
My lab points naturally. Hunted him with a few a few master hunter titled dogs over the years and it was quite embarrasing for the owners of the titled dogs. He can out hunt any dog alive in the uplands. He can't run a 400 yd blind but he can trail a crippled rooster for a mile.
For wild pheasant hunting however, a hard driving flushing dog will present more birds for the gun.
"The bird hunter watches only the dog, and always knows where the dog is, whether or not visible at the moment. The dog nose is the bird hunters eye. Many hunters who carry a shotgun in season have never learned to watch the dog, or interpret his reaction to scent."
Aldo Leopold, Round River


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Results 1 to 3 of 3
10-31-2012, 06:55 PM #1Junior Member Guppy
- Join Date
- Sep 2012
- Posts
- 7
Components of a 20 Gallon Reef Tank- Change Up
Hey Everyone,
I have two tanks. One is a 16 gallon bowfront with a stand. The other is a 20 gallon tank without a stand. I know that I should start with a larger tank, but monetary restrictions limit this (buying a new house is a serious chunk of change!) Below is a listing of the components that I've researched for the tank. Please give me some imput/ criticism. I'm not planning on starting for at least another month or two.
20 pounds live rock- Nano vs. Fiji premium? Thoughts on both types?
20 pounds sand- Caribsea Aragonite
50 gallon bag sea water mix- 46lbs- 160 gallons
Test kit- master test kit- pH, kH, GH, NH3/NH4, NO2, NO3, PO4, Cu, and Ca.
2 Powerheads- Hydor Koralia Nano Water Circulation Pump- 240 GPH (2)
Lighting- Coralife Lunar Aqualight Quad T5 HO Aquarium Light
I've thought about replacing one powerhead with a HOB skimmer...thoughts?
Just get some good quality live rock (very porous surface almost with holes through it) that will allow good water flow all around and also provide some cave like structures for fish to hide when/if they get spooked.
I would suggest just enough sand to cover the bottom of the tank. I have about ½ to ¾ inches of sand in my tanks and that seems to work great. Just do not get "live" sand. You could also go without any substrate at all which will help you with maintenance and managing the nutrient levels down the road but it will also limit what fish and inverts you can put in the tank.
Depending on your rock work, the two powerheads may not be enough. I would suggest trying the two and see how it works. Nothing wrong with testing that our while you are cycling the tank. But you may have to add a third to reduce dead spots. That would also depend on the flow produced by your skimmer.
For test kits you really won't need a copper test kit unless you are using copper based meds in a QT set-up. Just stick with the standard ammonia, nitrite, nitrate, phosphate, pH, Calcium, Magnesium, and Alkalinity. Make sure to get a good brand of test kit like Elos or Salifert. API has a good salt water ammonia and nitrite test kit, but IME they are not sensitive enough to test the rest of the parameters.
I would add a skimmer with the two powerheads. A good skimmer such as bubble magnis or AquaC would do just fine. Bubble Magnis has higher flow, but the AquaC is more affordable. Both are good skimmers that will help to keep your water in lineIf you take your time to do the research FIRST, you can successfully set-up and keep ANY type of aquarium with ease.
"Not using a quarantine tank is like playing Russian roulette. Nobody wins the game, some people just get to play longer than others." - Anthony Calfo
Fishless Cycle Cycling with Fish Marine Aquarium Info [URL="http://saltwater.aquaticcommunity.com/"]
11-06-2012, 12:50 AM #3Member Platy
- Join Date
- Nov 2012
- Posts
- 32
I agree completely with the above, especially about no sand! Only reason I say that is because sand in a salt tank can be very good, or very bad. There's a lot of controversy online, but the way I look at it, it isn't needed, and eventually you can let the bottom get covered is coralline algae over time, giving you a very interesting look.
Without sand, and proper flow, you can keep detritus from becoming a problem, and then if you do get little "dead zones" where detritus builds up, you'll see it, know where it is, and can easily remove during a water change.
Otherwise everything sounds nice!
(I am a previous reef tank owner, the only thing I would have changed in my system would have been to not use sand)


text:
By Parrish Alford/NEMS Daily Journal
OXFORD – An unexpected loss at rival Mississippi State on Saturday has brought the job security question to the surface for Ole Miss coach Andy Kennedy.
After the Rebels lost 73-67 to an MSU team that had lost 13 straight – the previous two by a combined 71 points – Kennedy deferred questions about his future to Ole Miss athletics director Ross Bjork.
On Monday, Bjork did not address Kennedy specifically but spoke of support for the program as a whole with emphasis on the athletes.
"I am staying consistent with my message, that our focus is on our team and the games left to be played," Bjork said. "My job is to support our entire program and especially our players as we face the home stretch and postseason."
The first of those games is tonight at 8 at Tad Smith Coliseum as seniors Murphy Holloway, Reggie Buckner and Nick Williams will be honored by Ole Miss (21-8, 10-6 SEC). ESPNU will provide the television.
Alabama had rebounded from a disappointing non-conference season to position itself for an NCAA tournament run. Road losses at LSU and most recently, Saturday at No. 11 Florida, appear to have derailed those hopes.
The Rebels close the regular season Saturday afternoon at 12:30 at LSU.
Kennedy is 146-86 in his seventh season at Ole Miss. The Rebels have not played in the NCAA tournament since 2002, the longest drought in the SEC.


text:
- As You Like It
- Hamlet
- Julius Caesar
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- Macbeth
- The Merchant of Venice
- A Midsummer Night's Dream
- Much Ado About Nothing
- Othello
- Richard III
- Romeo and Juliet
- The Taming of the Shrew
- The Tempest
- Twelfth Night
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text: This is what some of the dogs ran today. 337 yards total length. 4 re-entries in a howling cross wind...steady 20mph with gusts over 30mph. Scented dike road, angle exits/re-entries, liliy pads, grass, channel that winds around behind the dike road...and to top it off I had ducks stationed on the hay bales pictured on the right where the wind blew MAD duck scent right to the location where the big re-entry was required.


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In this paper, we articulate a new three-level structure of family law, a structure that has developed as a result of the combination of women's changing status and greater economic inequality. One system characterizes the upper middle class, and it deals with women's greater power through more egalitarian relationships. It has the benefit of legal rules that express and reinforce emerging norms concerning equality, autonomy, and interdependence. The second system imposes a two parent norm on lower income individuals, regardless of the reality of the relationships, as these families become involved in the legal system through public welfare and child support. The third strand involves couples who neither use the law to order their relationships nor are subject to the involuntary public support system. The legal norms of the formal system are less likely to reflect the parties' agreement with each other, and people are more likely to deal with these differences by avoiding the formal system than by challenging it.
As courts and legislatures define the criteria for imposing various aspects of the parent-child relationship on families outside the two-married-parents-with-their-biological-children, they are wildly inconsistent from one jurisdiction to the other and even within jurisdictions from one fact pattern to the other. It is common, for example, for state law to say that an unmarried father who has not played a role in his child's life cannot prevent the child from being adopted, even by the mother's new mate, but that if the mother is raising the child alone, he is entitled to visitation, perhaps even custody, upon establishment of his legal paternity. In a number of states, a child born to an unmarried couple who conceive by sexual intercourse is the man's legal child, but if the couple conceives through artificial insemination within the assistance of a doctor, the man is not the legal father. And yet he may be if the man and woman conceive by do-it-yourself artificial insemination.
This paper examines cases and statutes about child support, child custody and visitation, adoption and assisted reproductive technology to examine these different approaches and to tease how possible explanations for the inconsistencies.
Legal recognition of same-sex relationships and enactment of state anti-discrimination statutes has enhanced the status and security of queer families in many ways. In states with anti-discrimination statutes, queer families can claim equal access to a wide array of resources and services, some provided by the state and others by private entities.
Increasingly claims to equal treatment have been met with objections arising from assertions of religious freedom. From faith-based adoption agencies to wedding photographers, service providers assert that they have religiously grounded objections to same-sex families and that their religious objections are entitled to some recognition. As these religious freedom claims have multiplied they have also grown more prominent in media coverage of lesbian and gay rights. Indeed, religious freedom arguments figure prominently in opposition campaigns in the four states with marriage access legislation on the ballot. Religious freedom claims have also been the subject of a developing body of academic literature.
Scholars considering these claims have generally accepted a formulation where harm to the family seeking access to services is weighed against the potential burden on religious freedom. This consideration of the individualized harms frequently leads to endorsement of a compromise that provides a religious opt-out where there is at most minimal damage to the family seeking services. Thus, refusal might be permitted where a family can readily obtain adoption services from another provider at no added cost and with no delay.
The prevalent analysis is incomplete, however, and this paper seeks to highlight and remedy that deficiency. In fact, religious objectors are seeking government permission to discriminate against queer families. Permission to engage in discriminatory practices necessarily stigmatizes queer families. It is a clear statement that these families are not equal members of the community entitled to all rights that citizens generally claim, but instead have lesser status.
There can be no doubt that stigmatization—particularly institutional stigmatization by the government—causes significant harm. This harm is experienced not only by the specific family denied services but by all queer families. The recognition of this harm is amply demonstrated by the body of cases considering stigma in the context of race discrimination—cases ranging from Brown vs. Board of Education to Palmore v. Sidoti. The acceptability of the proffered compromise must be reassessed in light of this broadly experienced harm. That reassessment is the final project of this paper.
'Marriage equality' remains an elusive goal in this country. This paper argues, as many have, that marriage equality—at least as it refers to equality within heterosexual marriages-- requires gender equality. It argues further, however, that U.S. law cannot assure gender equality because of its pinched, narrow conception of 'rights.' Those seeking marriage equality in the United States, accordingly, should look to international human rights law, specifically, the Convention Against All Forms of Discrimination Against Women ("CEDAW').
Justice Ruth Bader Ginburg's early anti-stereotyping work Justice Ginsburg's approach "was grounded," as Cary Franklin notes, "[N]ot in a commitment to eradicating sex classifications from the law, but in a far richer theory of equal protection involving constitutional limitations on the state's power to enforce sex-role stereotypes." As Ginsburg herself has come to realize, however, anti-stereotyping is only the beginning. Barring the state from enforcing sex-role stereotypes is inadequate. This Article explains why anti-stereotyping is insufficient, what else is needed, and why the Constitution cannot be relied upon to provide it. Rather, the more pro-active approach developed through the CEDAW is far more promising.
Do surrogate mothers have the same rights as other mothers? Treating all gestational mothers alike—as a priori mothers—has the virtue of consistency, but it also has the ill effect of settling the question of motherhood based on generalizations about what it means to gestate a child. Equality has as much to do with choice as it does with bestowing the same status upon individuals in similar circumstances. Since not all gestating mothers are alike in their desire to bond with the child, becoming pregnant in a particular way should empower women to reject, as it were, their "right" to be a mother and all its attendant obligations. This is the principle that many jurisdictions in the United States have embraced. The question in those locations becomes, then, how we choose as a society to structure the choice to become a surrogate mother. Whether this conception of equality for surrogate mothers extends to international commercial surrogacy is a trickier question. This paper examines the emerging industry of gestation for hire in Guatemala, once a prominent center for international adoption, and asks whether an equal opportunity model of surrogacy makes sense in the country with the worst record in the Americas for women's rights.
Family law has traditionally been state law, specifically the law of the state of domicile. The emphasis on the state of domicile reflects not only important principles of our federalism but also family law's focus on the home. This approach expressly contemplates different legal regimes for families in different states – inequality by design.
Although contemporary developments have addressed formally some of the inequalities that once marked family law (e.g., inequalities based on gender and the marital status of a child's parents) and broad constitutional holdings about the family apply nationwide (e.g., limited reproductive freedom), inequalities from one state to the next persist. For now, the division among the states on same-sex marriage, nontraditional parentage rules, and hurdles to abortion access all illustrate this "geographic inequality." "It depends on where you live," as recent news reports state with professed astonishment. How do we understand the search for equality in family law, given the expected differences that stem from the fundamental principle of state authority? How do we understand these geographic disparities, given family law's quest for equality?
This article addresses the question of equality in family law by examining the status of single mother households in society. It takes on and critically evaluates the claim that a nascent Middle Class Matriarchy is emerging in post-recession U.S. society. Pointing to the progress that women have made in a number of domains, (e.g., education, workplace, family) alongside the declines that men have experienced, claims are being made (by, among others, author Hanna Rosin in her recently published book, The End of Men) that women are becoming the dominant sex. This article places its emphasis on the family and the relative position of men and women within families and the larger political economy. In so doing, the article unpacks the meaning of the term "matriarchy" and explores continuing societal anxieties surrounding single, female-headed households. The article begins its analysis from a historical perspective, examining earlier instances of "matriarchies" existing in other racial and economic subgroups in the United States, particularly the experiences of lower income black single motherhood in the 1960s and white single motherhood in the 1980s & 1990s. The article assesses the distinct features of those matriarchies and compares and contrasts them along several dimensions, including to what extent they reflect and/or reinforce gender inequality within families and in society more broadly. Finally, the article considers whether those earlier experiences speak to the current phenomenon and what lessons they hold for the field of family law.
Economic collaboration is an important part of family life. This process can bring significant financial benefits by supporting development and distribution of key resources for family members. It can also nurture affective relationships, as economic activities are woven together with the social and emotional, resulting in a web of inter-personal connections. Alongside its benefits, sharing also brings vulnerability to harm, both financial and personal. For example, individual family members sometimes bear financial disadvantages such as lost wages or reduced consumption for the greater good of the family.
This piece overviews some contrasting examples of the law's regulation of economic collaborations in families, surveying a subset of rules governing married and unmarried couples as well as inter-generational relationships. The article argues that law often distributes the risks and rewards of financial sharing unevenly and inconsistently. This contributes to inequalities within and across relationships and tends to impose particular adverse effects on women caregivers, among other disadvantaged sub-groups. I suggest that law's focus should not be on the form of the relationship, but rather on the economic activities and outcomes that occur within it. Recognizing and responding to financial behaviors and it impacts in families can advance equality.
My paper will examine issues of family law and equality through the lens of Clintonism and is legacy, 1992-2012 – and beyond. By the "beyond" I mean that, with President Obama re-elected and beginning a second term, my paper's topic is more than simply of historical interest. Clintonism and its New Covenant introduced key concepts of opportunity and responsibility and values of work, family, responsibility, and community. An examination of Democratic platforms in each election year since 1992 reveals a continuity and evolution with respect to the family and family policy. To anchor my paper, I will consider the trajectory of three statutes enacted during Clinton's presidency, focusing on issues of equality as well as the core themes of Clintonism, which, I argue, are also core themes in the Obama Administration. The three laws are: the Family and Medical Leave Act (1992), the Personal Responsibility and Work Opportunity Reconciliation Act (a/k/a welfare reform) (1996), and the Defense of Marriage Act (1996). With DOMA, for example, we have seen a complete turn-around in terms of the withdrawal of Democratic and Presidential support for DOMA and new arguments about marriage equality, calls for DOMA's repeal (the proposed Respect for Marriage Act), and the Administration's refusal to defend it in court. The U.S. Supreme Court has granted cert in Windsor v. United States, in which the Second Circuit held that Section 3 of DOMA is unconstitutional and has concluded (as the Obama Administration has argued) that classifications based on sexual orientation warrant heightened (intermediate) scrutiny. With respect to the FMLA, the Obama administration has identified work/family balance and flexibility as central issues, seeking to build on the FMLA. It identifies them as "not just women's issues," even as the White House Task Council on Women and Girls recognizes the importance of such issues to women's equality. President Obama and First Lady Michelle Obama have also made the personal political, using their own work/family challenges to illustrate the need for policy response. PRWORA emphasized moving poor women "from welfare to work," but also opened the door for a new federal role in promoting marriage and responsible fatherhood as part of welfare policy. This much-criticized law enjoyed bipartisan support; both parties took credit for in the 1996 election. In recent years, scholars and policy analysts have warned of a growing marriage gap related to broader issues of economic inequality and worried about the impact of this inequality upon children – a concern captured by terms like "the reproduction of inequality" or "diverging destinies" (Sara McLanahan). Here, too, the so-called First Marriage features as an opportunity for the Administration to address issues like marriage education, marriage quality, and parental responsibility.
In addition to looking at the impact of and evolution of FMLA, PRWORA, and DOMA, I will also examine the evolution of the ideals and key themes in federal family policy as expressed in party platforms adopted in the presidential elections since the end of the Clinton era, focusing especially on 2008 and 2012. Although the 2012 campaign focused far less than previous campaigns on families, family values, and family policy, the party platforms nonetheless reveal some striking points of agreement and sharp points of disagreement.
Family Law as a separate discipline connotes that families are different from other kinds of human associations. Family relations are not the same as other kinds of relationships but are unique. The push for "equality" in family law may encourage ignoring vital differences between various relationships that matter for families and for society.
There are many different kinds of families. Marriage form/substance have varied across cultures and time. Likewise, parenting forms and standards have varied in our own society through the years. Some kinds of marriage and parenting styles have not been beneficial to society of individuals. All kinds of families are not equal. All kinds of marriages do not produce the same effects or the same potential for success of contribution to society. All kinds of parenting do not produce the same effects or the same potential for success of contribution to society. All feelings of love, affection, and emotion are not equal or equally beneficial.
Labels alone, even legal labels like marriage, spouses, parenting, and parents, cannot produce or protect equality. Substance and characteristics of relationships differ and matter. Different kinds of "marriages" and "parenting" have different effects.
One purpose of family law is to channel persons into positive, beneficial kinds of marriage and parenting. Family law also protects against most potentially harmful, dangerous kinds of marriage and parenting. There is a need for boundaries to protect and to channel away from the harmful and toward the beneficial. But there is risk of unjust boundaries that wrongfully exclude, stigmatize.
There are many different meanings of "equality" and the outcome of legal analysis depends in no small part on which meaning of equality is used. The concept of equality in general of all sexual relations and of equality in law of all intimate associations is not only unsustainable but ultimately self-destructive.
Many scholars otherwise in favor of the enforcement of family contracts agree that parent-child relationships should continue to prove the exception to any contractualized family law regime. This Article instead questions the continued refusal to enforce contracts concerning parental rights. It argues that the refusal to enforce such contracts contributes to a differential treatment of two types of families: those deemed "intact" - typically consisting of two married parents and their offspring - and those deemed non-intact. Intact families are granted a degree of freedom from government intervention, as long as there is no evidence that children are in any danger of harm. Non-intact families, by contrast, are subject to the perpetual threat of intervention, even in the absence of harm. The result of this two-tier system is that non-intact families are denied the autonomy and the stability that intact families enjoy, to the detriment of parents and children alike. The Article argues that in an age of serial divorce, unmarried parentage, new family forms, and assisted reproductive technology, marriage can no longer suffice to render families intact. Rather than force parent-child relationships into a marital paradigm that is increasingly out of touch with current realities, we should permit and encourage parents to use contract to create the intact status that marriage can no longer provide.
I propose to present the article described above, and to discuss its implications for equality in family law. My article proposes greater enforcement of custody and parentage contracts than the current legal regime permits. The article focuses on custody and visitation agreements, and discusses how such agreements are relevant across a range of contexts, including premarital and postmarital custody agreements; co-parenting arrangements; agreements between intended parents and sperm donors; and open adoption agreements. Under the current legal regime, custody and visitation agreements are largely unenforceable, or at best-- under the most deferential approach, which is applied by a minority of states, and then only where parents agree to a custody or visitation arrangement at the time that their relationship dissolves--such agreements can be rejected by courts if adverse to a child's best interests. The result is that while "intact" families are granted a degree of stability, autonomy, and freedom from state intervention, "non-intact" families--such as divorced or never married parents, or birth parents who have forged an open relationship with an adoptive family--are subject to the continued monitoring, intrusiveness, and unpredictability that the subjective and open-ended "best interests" standard entails. I argue that enforcement of custody contracts will help to bridge the current divide between "intact" families and those deemed "non-intact."
In the context of family law, whether genuine equality requires that all families be treated exactly the same or that we recognize and honor their differences remains unclear. One thing we do know for certain is that we are far from our equality ideal. Indeed, however vaunted the value of equality as a cherished principle underlying our democracy, one need only take note of the various spaces in which family matters are addressed to appreciate just how unequal our present system for dealing with families is. One may reasonably argue that when families find themselves in strikingly distinct fora governed by very different rules, rights, privileges and protections, such segregation itself reflects a hierarchy antithetical to the concept of equality that we believe family law ought to ensure. For families outside of the traditional conjugal norm, particularly kinship families, concomitant with the inquiry into equality is that concerning freedom. Indeed, for families who exist in the interstices of family law the inquiry into equality is not far removed from that about freedom, liberty and choice. In the search for equality in family law, do such families enjoy freedom at the expense of fairness? How much freedom would or should such families have to give up in order to achieve equality?
This essay explores the ways in which the state of being treated equally in terms of status, rights, privileges and protections is at times at odds with freedom or liberty of choice. Observing the distinct legal systems in which family matters are addressed—domestic relations, dependency and probate— this essay discusses how gender, class and race influence the search for equality and may profoundly shape one's definition and experience of freedom.
I wanted to submit something on Super Paternity, that is, men who have large numbers of children with multiple partners. These stories are fascinating for media outlets and never fail to attract the attention, awe, and scorn of the public. Just this year, a man in Tennessee was falsely reported to have thirty children by numerous women, up from 21 a few years earlier. In the UAE, a man with 93 children vows to have 100, and is somewhat of a national hero. Both of these cases exemplify the entanglement of the state with intimate life. States have long regulated sexuality, but when children come into play, it presents a conflict of fundamental rights of privacy and the best interests of the child. Does the state have a duty to regulate "responsibility"--a loaded term--when men choose to have unlimited numbers of children? Could the state prohibit fathers from having additional children if there is concern about them becoming public charges? Of course, forced sterilization is a clear violation of constitutional rights, but is there ever a justification for limiting reproduction?
I believe that my work in progress The Sexual Orientation of Fatherhood would make a useful contribution to the "In Search of Equality in Family Law" conference. In the paper, I examine interlocking assumptions about gender, gender roles, and sexual orientation in the context of fatherhood, which raises several questions related to the sameness/difference debate that will be one of the conference's themes.
My most recent work has focused on intent as a rule of parentage in two contexts: surrogacy and unwed biological fathers. As part of my argument as to how intent might be incorporated to increase the ability of unmarried biological fathers to be recognized as legal fathers, I began to discuss two interrelated questions: first, to what extent do current parentage laws rest upon assumptions that men do not and should not want to be active, engaged, nurturing parents; and second, can legal reforms that aim at strengthening fathers' rights be viewed as feminist.
In The Sexual Orientation of Fatherhood, I add an additional dimension to this exploration of masculinity studies and family law, by exploring how legal recognition of same-sex intended parents affects stereotypes about fatherhood. I investigate the relationship between assumptions about fathers and heterosexism by comparing the treatment of heterosexual versus homosexual fathers. My paper examines these prejudices in two ways. First, it examines court decisions and legislative debate regarding giving same-sex couples parenting rights, both in the context of disputed legal parentage and adoption, and assesses descriptions of the parenting roles of same-sex male couples. Second, the paper compares custody and child support cases dealing with two male parents and contrasts the depictions of the fathers to the characterization of fathers battling a mother for custody and child support.
My paper expands upon existing scholarship about gay parenting, which generally focuses on legal barriers to parenthood for homosexuals as well as stereotypes of gay fathers as inadequate parents. In contrast, my paper analyzes how same-sex fathers affect the perception of heterosexual caretaking fathers – and by extension, could affect the perception of heterosexual non-caretaking mothers. I argue that greater recognition of parents who counteract gender stereotypes – even where the recognition might arguably lessen women's rights in family law – ultimately helps women as well as children and nontraditional parents.
In Astrue v. Capato, the Court held that twins conceived and born after the death of their father were not entitled to Social Security benefits. The decision itself might simply be read as an example of deference to an agency interpretation of a federal statute and thus might be thought not particularly noteworthy. Nonetheless, some of the Court's analysis and public policy reasoning are worthy of note, if only because of the Court's refusal to discuss some of the implications of its articulated position.
Courts in various states have been forced to confront the issues implicated when children are born through the use of assisted reproductive technologies (ART) after one of the child's biological parents has already died. While some legislatures have passed legislation providing guidance to the courts in these kinds of cases, others have not, leaving the courts to fend for themselves. This has led to great variation across the states, resulting in dissimilar treatment of similarly situation children. This disparate treatment is exacerbated, because Social Security child insurance benefits piggyback on state intestacy laws.
While intestacy laws implicate a variety of state interests and it is thus neither alarming nor even surprising that states differ about the conditions under which ART children are entitled to a share of a biological parent's estate, a separate issue involves whether social security benefits for children should be based on state intestacy laws, and, if so, why and how. Capato missed a golden opportunity to provide guidance on that issue.
Unlike other social categories, such as race, gender, sexual identity, and disability, the category of childhood has received little critical examination in the legal academy. Nevertheless, the category bears examination not only for what it reveals about us—adults, but also for what it reveals about children as complex and powerful subjects in their own right. Recognizing and embracing the important foundational and instrumental roles of childhood, and the importance of children to parents, this paper challenges the dichotomous developmental approach that dominates the regulation of human beings and limits consideration of children and their place in the social and political order.
The category of childhood is both like and unlike other socio-legal categories such as gender, race, ability, and sexuality. Its particular uniqueness is more suited to ascendant approaches reflected in human rights and disability models, rather than in the regime of negative rights which has characterized sexual, gender, and racial liberty in the U.S. This analysis locates vulnerability not in children's minds and bodies, but instead in negative liberties, an unaccommodating state, and a system that disenfranchises children. The paper helps illustrate this point by contrasting movements across the globe which seek to include children in important decisions about their own lives and the larger polity.
Accommodating Childhood offers both a grounded critical examination of childhood and adulthood and invokes an approach to children's rights which aims to protect and promote children's self-determination. This method is part of a broader conceptual movement away from negative rights to liberty rights and demands positive engagement with children and recognition of their individuality and humanity. I reject the equality metric as a tool to empower children, because it fails to take account of vulnerability and offers little of positive value to children. Instead, I suggest an approach that would protect children's dignity and enhance their liberty. To help illustrate this approach and analyze the relationship between children's rights and capabilities, I propose a Children's Participation Act (CPA). This theoretical act is informed by human rights law's impulse toward dignity and personhood and by the American's with Disabilities Act, which requires accommodation for vulnerability. The CPA would promote and enhance children's participation in their own lives and in the lives of their families, schools, and the state.
Most scholarly, judicial, and public deliberation about children, childhood, and parent-child relationships implicitly or explicitly treats the situation of children as sui generis. There is little appeal to general principles applicable to both adults and children. Instead much "reasoning" about legal issues implicating children's wellbeing is ad hoc, rendering it both unpersuasive and likely to short change children. Yet there is general acceptance that children occupy a moral status equal to that of adults, such that children are deserving of respect in some sense equal to that owed to adults. In this presentation, I will begin with this premise of equality at the most fundamental level of moral status and work forward (quickly) to: 1) derive from that premise general principles as to when children should have legal rights that are identical to, equivalent to, greater than, or less than those which adults possess and then 2) apply those general principles to some particular substantive areas of law such as parentage, domestic violence, custody disputes between parents, and international adoption. Finally, I will suggest that in some legal contexts, such as child protection removals and parent-relocation cases, according children the rights they are due as a matter of equality renders misguided the quest for equality among groups of adults.
This piece, tentatively entitled Permanency Puzzle, would explore how normative ideals of family relationships, particularly parenthood, impede equitable and effective policies and practices. I am particularly interested in the construction of parenthood in the public realm, an area which has not received much scholarly attention. Public parenthood critiques mothers who are invariably low-income and often members of racial minorities, raising significant questions about equality in the race, class and gender contexts. I began to explore this dynamic in earlier work, Parsing Parenthood, and now aim to challenge another aspect of the child welfare system contributing to this inequality—the concept of permanency.
Permanency lies at the heart of child protection policy. Only adults who can provide a child with "permanency" are deemed adequate for parenthood. Yet unpacking permanency reveals that the legal concept is based upon stereotypes about families—for instance, that the idealized nuclear family with one mother and one father is superior to more complex families—rather than empirical data. This narrow conception of permanency undercuts the reality of children's and parents' experiences, and ignores the modern psychological understanding of permanency as "an enduring relationship that arises out of feelings of belongingness." Under the latter definition, studies show that there is no difference between children being adopted and those being cared for by a guardian. Yet the law has been slow to adapt, as evidenced by the ongoing funding prioritization of adoption, and the preference for adoption over subsidized guardianship in state and federal law.
The construction of permanency to reflect a middle class white ideal is particularly detrimental to families from different cultural and racial backgrounds because it recognizes a child's attachment to only one or two adults total. This framework devalues the network of caregiving particularly common in certain marginalized communities and ignores the data that the two parent nuclear household is no longer a reality for most families (if it ever was). The contested nature of the construction of parenthood became clear this summer (2012) when the California legislature passed a bill which would have allowed legal recognition of more than two parents. The bill would have affected both public and private law families, but was inspired in large part by the former—a child was forced into foster care because neither of her two legal parents could care for her and the court was precluded from granting custody to a third capable adult, her biological father, due to the numeric limitation on parents.
After challenging the assumptions of permanency leading to these problematic results, this piece will conclude by suggesting a few specific changes to child protection law. These changes seek to more equally recognize various family forms and move more children to safe, loving homes—to real permanency.
The Adoption and Safe Families Act of 1997("ASFA") was intended to prioritize the goals of safety, permanence, and well-being for children in the child welfare system, and to prevent "foster care drift," whereby children remain in foster care without a clear plan or timetable for securing a permanent family. ASFA provides for a hierarchy of permanency outcomes, with reunification with family, and then adoption, being viewed as the most stable option for children. But when reunification and adoption are not possible, permanent custody or guardianship (permanent guardianship) is, in the eyes of the law, the next best option. Subsequent to ASFA, most states revised their child welfare statutes to include provisions for 'permanent custody' or 'permanent legal guardianship' as a possible "permanency outcome" resulting from a child's placement in foster care. With the passage of the Fostering Connections and Increasing Adoptions Act of 2008, states now have the option of using federal Title IV-E money to subsidize legal guardianship. This change to the law was designed to further increase the number of children who can safely leave foster care through permanent guardianship arrangements. Under most states' permanent guardianship statutes, the natural parents retain some sort of visitation or custodial rights – permanent guardianship is therefore distinct from adoption because it does not require termination of parental rights.
There are some advocates who see permanent custody as an undesirable permanency outcome for children, precisely because natural parents may retain some rights to the child, and concerns that these guardianships are not truly "permanent." The advent of 'open adoption' statutes has convinced some that permanent guardianship is no longer necessary or desirable as a permanency outcome, because contact between the child and birth parent can be accomplished through open adoption. This paper will argue that: (1) permanent custody is an important and needed permanency outcome for many children in the child welfare system; (2) the best interests of children are sometimes served by modifying permanent guardianship arrangements; and (3) states can address any concerns about lack of stability in permanent guardianship arrangements through precision in crafting permanent guardianship statutes. The paper will then propose a legislative approach for states to follow.
Among the increasing number of federal statutes impacting family law two continue to impact child permanency and parental rights. First, the Adoption Assistance and Child Welfare Act of 1980 mandates that state courts find that the state child welfare agency made reasonable efforts to reunite a dependent child with his or her parents prior to termination of parental rights. The child is dependent because a state court held that there was sufficient clear and convincing evidence to remove the child from the parents' home. Often that evidence results from parental poverty, mental or physical disability, or the parents are undereducated and unworldly. Once the child is removed states are required to provide reasonable efforts to all parents to promote reunification and to provide permanency of placement for children. Second, the Adoption Assistance and Child Welfare Act is impacted by the Adoption and Safe Families Act of 1997 and the continuing economic malaise adversely affecting state budgets. These two federal legislative efforts, although purportedly in the best interest of children, shorten the time parents have to cooperate with reasonable state efforts; failure to meet the statute's deadline requires the state to begin procedures resulting in termination of parental rights.
What constitutes reasonable reunification efforts differs according to the individual circumstances. But there has been a uniform challenge occasioned by the formidable obstacles resulting from the national recession commencing in 2008. Decreasing state revenues reduces state expenditures for reasonable reunification efforts, to include treatment programs and classes that could assist parents in overcoming addictive behavior or in developing better parenting skills. Will the recessionary reduction in reasonable state reunification efforts compound the specified time frame that parents have to cooperate with these state efforts prior to termination of their parental rights? A few state courts have already concluded that decreasing state budgets may constitutionally reduce reasonable reunification efforts. Yet, without ongoing reunification efforts parents may not be able to rectify the causes that occasioned the removal of the child or children from their home. And if the causes are not remedied within a specified period of time termination of parental rights will ensue. Inequality results from the varying budget reductions among the states due to the economic recession; inequality also results because the poor, undereducated, unworldly and disabled are singularly targeted for termination of parental rights.
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