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Books Received: February 9, 2009
By John DeNardo (SF Signal) |
Monday, February 9th, 2009 at
12:15 am
In the interest of full disclosure, here are the books we received this past week.
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07:00 26th December 2013
Great bargains from Wolves Retail
The Boxing Day sale starts today at Wolves Retail – with up to 50 per cent reductions on many lines.
Home shirts are already available for £25 for adults and £20 for youths while now goalkeepers shirts will be reduced to £30 and £25 for youths.
Many of the PUMA trainingwear lines have also been reduced, and there are also many other reductions on a variety of merchandise.
Check out the Molineux Megastore and Dudley Street Superstore from opening at 10am today (Boxing Day), or browse online by clicking here.
Replica shirts £12 each 3 hours 22 mins ago
Carl Ikeme And George Elokobi 2 days ago
Squad details for tonight's game 27 Feb 2014
Jackett and Ricketts to take questions 26 Feb 2014
Chance to enter Show Us Your Colours 25 Feb 2014
Tickets now available 20 Feb 2014


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Of course, the eyes of most AAA teams across West Virginia will follow the ongoing legal battle centering around Martinsburg senior quarterback Malique Watkins, who has been declared ineligible by the SSAC but received an injunction to play in Friday's 34-0 win against Washington.
If the SSAC's ruling against Watkins, who ran for 107 yards in Friday's game, is eventually upheld - and the SSAC's track record in such matters is pretty good in recent years - then victories could be erased from Martinsburg (5-1), the three-time defending state champion who was ranked No. 7 last week.
That, of course, would enhance the status of several teams currently listed below the Bulldogs in the ratings.
Another Kanawha Valley team faces a challenge of a different order this week as it tries to maintain its playoff hopes.
South Charleston (4-2), which barely held off Parkersburg 21-19 on Friday, travels to Ripley (1-5) to begin a stretch of three road games over its final four in the regular season. SC was ranked No. 15 last week in Class AAA.
The Vikings knocked off the Black Eagles 7-6 last year, an unexpected result that ultimately cost SC a playoff berth. It finished 6-4 and tied for 17th, one spot out of the final qualifying position. It marked the first time an MSAC team with six wins had missed the AAA playoffs since Nitro in 1999.
"I felt like we were at Ripley tonight,'' SC coach Donnie Mays said following Friday's closer-than-anticipated win against the Big Reds. "You know, I felt like that last year [at Ripley].
"I kept looking up there at the scoreboard and thought, 'My God, does the time not go any faster? I want to get out of here.' And sometimes, you have to do that. Going into next week's game is proof that you can't take a night off any time in the Mountain State Athletic Conference, plain and simple.''
Senior linebacker Jay Richardson, one of SC's ringleaders on defense, knows what will satisfy his team as it gets another shot at Ripley.
"A 'W,' that's it,'' he said. "It's the best we can do. A hard week of practice and that's it. We're going to do the same thing we always do. Hold them to the least amount of yards possible and the fewest points.''
Ripley, which averages 21 points, is led by versatile quarterback Trevor Tucker, who has thrown for 800 yards and 10 TDs and run for 647 yards and five scores.
Reach Rick Ryan at 304-348-5175 or rickr...@wvgazette.com.


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March 2012
- Kansas Lawmakers Pass Resolution Recognizing Bethel's 125th Year
- Students share moving interterm stories
- Bethel represented at KMEA by musicians, prizewinning composer
- Bethel welcomes guest director for Copland opera production
- 2012 Young Alumnus awardee focused on study of conflict
- Kauffman Museum honoring famous archeology alumni
- College seeking former organ students to honor Alice Loewen Kreider
- Grandparents' names sought for popular visit day
Kansas Lawmakers Pass Resolution Recognizing Bethel's 125th Year
A Bethel group made the trip to the Kansas Statehouse (though for some it was only across town) to hear the college's 125th anniversary year made part of the official public record.
The group included President Perry and Dalene White along with former Bethel presidents E. LaVerne Epp '72 (and Marilyn Epp '72) of Lawrence and Doug Penner '69 of Topeka, as well as a number of Bethel alumni, many of them also Bethel staff.
The "distinguished alumna" of the group was Rep. Judith Loganbill, a six-term Democrat from Kansas' 86th district (Wichita) and a 1975 Bethel graduate, who last fall got the process started for writing a resolution declaring 2012 Bethel's "quasquicentennial year" and made sure it was scheduled to be read in the Kansas House, on Wednesday, Feb. 15.
Sen. Carolyn McGinn, whose district includes all of Harvey County, picked up the resolution for reading in the Senate that same afternoon.
In addition to Loganbill, Penner and the Epps, Bethel alumni present for the reading of the resolution on the House floor were Fred Goering '72, Bethel director of development, Duane Goossen '78 and Rachel Waltner Goossen '82, Topeka, Jim Juhnke '62, Wichita, professor emeritus of history, Sondra Bandy Koontz '70, Bethel vice president for advancement, Dave Linscheid '75, Bethel director of alumni relations, Natalie Stucky, Bethel junior from Moundridge and Student Senate president, and Toby Tyner '07, Bethel assistant director of development.
For more of this story, click here.
Students share moving interterm stories
Six recent Bethel news articles -- five of them by Bethel sophomores -- reveal the life-changing value of the college's longtime interterm travel experiences.
Jocelyn Wilkinson from San Antonio, Texas, begins her story with the statement, "The interterm trip to South Africa and Lesotho is an experience I will carry with me for the rest of my life." Read more from Jocelyn.
Andrew Walker, Newton, participated in the European Science/Mathematics History Tour. His story of travel to learn not only about history but also cutting-edge technology can be found here.
Emily Harder, originally from Hesston, says "Seeing a part of the world most people never get a chance to was such a privilege. I will never forget my three weeks in China." Read about Emily's adventures with that Interterm group.
Rebecca Epp, Newton, reports that "invisibility and identity quickly became themes of our time in Chicago. While there, we took a tour through some of the 'invisible' communities of the city, communities of lower socioeconomic status." Rebecca and others were in Studies in Drama. Her observations can be found here.
Samantha Wilkerson, Neosho Rapids, learned about Social Development and Social Justice in nearby Wichita. "Little did I know that the five field trips we would take over the three weeks of the course would expose me to issues of social justice I was oblivious to," Samantha says. Read more.
In addition, junior Chris Smith, Hesston, spent two weeks installing reading software at four schools in Hinche, Haiti, as part of a collaborative project with three Bethel alumni: Cliff Dick '81, North Newton, Don Fast '68, Newton, and Wildy Mulatre '94, Hinche. Their story can be found here.
Bethel represented at KMEA by musicians, prizewinning composer
Bethel was once again well-represented at the annual meeting of the Kansas Music Educators Association in Wichita in late February, including in a performance of a recent graduate's prizewinning choral composition.
The Wichita State University A Cappella and Concert Chorale sang "I Peter 3:15" by 2011 Bethel graduate Nathaniel Yoder. Yoder learned in mid-December that the composition he had entered (while still a student) in the "Ensemble" category of KMEA's annual competition for young composers had won first place.
Yoder originally wrote the piece for the 25th anniversary of Hope Mennonite Church, Wichita, in 2010. It will also be featured this spring on the Concert Choir tour with a special performance at the home concert, Sunday, March 25, at 7 p.m. in Memorial Hall.
Yoder was recognized for his award-winning composition at a joint KMEA presentation Feb. 25, where he shared the podium with alumna Janeal Crabb Krehbiel '68, Lawrence, who was inducted into the KMEA Hall of Fame. Krehbiel is co-founder and director of the Lawrence Children's Choir.
Two Bethel instrumental groups also performed at KMEA. The 65-member Wind Ensemble made its first appearance at the convention, directed by Timothy Shade, Bethel assistant professor of music and director of instrumental music. And Jazz Ensemble I again performed with James Pisano, associate professor of music and director of jazz studies, directing.
For a complete news story about Bethel's involvement in this year's KMEA event, go here.
Bethel welcomes guest director for Copland opera production
An American opera that hasn't been performed on a Bethel College stage in more than 40 years is bringing a new director to campus.
The music and theater departments will present "The Tender Land" by Aaron Copland Friday, March 2, and Saturday, March 3, with guest director Brian Luedloff.
Luedloff is director of opera theatre at the University of Northern Colorado at Greeley, as well as artistic director for Opera Fort Collins. He has produced operas for companies all over the country....
Luedloff came to Bethel due to his ties with President Perry White....
"The Tender Land" tells of a farm family in the Midwest, with oldest daughter Laurie ready to graduate from high school and dreaming of freedom. Aaron Copland was inspired to write the opera after viewing the Depression-era photographs of Walker Evans and reading James Agee's "Let Us Now Praise Famous Men." He wrote the work (with libretto by Horace Everett, a pseudonym for Erik Johns) between 1952 and 1954 for the NBC Television Opera Workshop, with the intention of its being presented on TV, but producers rejected it.
Eventually, the work premiered April 1, 1954, at the New York City Opera. Bethel first presented "The Tender Land" in May 1969.
For the complete news story, click here.
2012 Young Alumnus awardee focused on study of conflict
Bethel's 2012 Young Alumnus Award is no stranger to the effects of armed conflict, which may be one reason why his academic career has been devoted to studying them.
Jaroslav Tir, Boulder, Colo., majored in history and mathematical sciences, minored in economics and political science, and received a Bachelor of Arts degree from Bethel in 1995. Just last August, he took a position as an associate professor in the Department of Political Science at the University of Colorado-Boulder, specializing in international relations with a focus on causes and management of armed conflicts.
Before coming to UC-Boulder, Tir taught political science at the University of Alabama for two years and then in the Department of International Affairs at the University of Georgia for eight years. He spent six months in 2008 as a Fulbright Senior Scholar on the faculty of political science at the University of Zagreb.
Originally from Croatia, Tir came to Kansas in 1990 as a high school exchange student....
Tir will speak in convocation at 11 a.m. Friday, March 9, where he will receive the 2012 Young Alumnus Award. His convocation topic is "Supply Side of United Nations Peacekeeping Operations: Trade Ties and Locations of UN-Led Deployments."
For the complete news story, go to here.
Kauffman Museum honoring famous archeology alumni
A new exhibition at Kauffman Museum honors two eminent archeologists who grew up in North Newton. "In the fields of time: The impact of two Kansas boys on American archeology" will be on display through May 20.
Emil W. Haury (1904-92), nicknamed "the dean of Southwest archeology," and Waldo R. Wedel (1908-96), "the father of Great Plains archeology," both traced their interest in prehistory to boyhood experiences along Sand Creek in North Newton. The two campus kids graduated from the Bethel academy (Haury in 1923, Wedel in 1926) and spent two years studying at the college before transferring to the University of Arizona to begin lifelong careers as professional archeologists with international reputations.
On Sunday, March 11, from 1:30-3:30 p.m., Kauffman Museum will partner with the Mud Creek Chapter of the Kansas Anthropological Association to host an artifact identification workshop. The public is invited to bring Native American artifacts or early historical items for assistance in identification and dating by avocational and professional archeologists. KAA members will also make suggestions for cataloging and maintaining private collections. No appraisals or sales will be made. The workshop is a free service to improve knowledge of the state's archeological heritage.
At 3:30 p.m. that day, Raymond H. Thompson, director emeritus of the Arizona State Museum in Tucson, will speak on "Remembering Emil Haury: The Man and His Legacy." Haury is known for his extensive fieldwork investigating the ancient peoples of the Southwest, his work as professor of archeology at the University of Arizona and director at the Arizona State Museum, and his leadership of the Point of Pines Archeological Field School, a summer program that trained generations of American archeologists.
For more information, contact Rachel Pannabecker at Kauffman Museum.
College seeking former organ students to honor Alice Loewen Kreider
Last August, Alice (Hostetler) Loewen Kreider '41, organ instructor at Bethel from 1968-1977, died at the age of 91. She was an influential teacher and performer, and the Bethel Music Department and Kauffman Museum are planning a concert in her honor.
Alumni who studied with Loewen Kreider -- even if only for a semester -- are asked to contact museum director Rachel Pannabecker at or current Bethel organ instructor Roseann Penner Kaufman at email@example.com.
Grandparents' names sought for popular visit day
This year's Grandparents Day is scheduled for Friday, April 20. The popular annual event is planned and hosted by members of the Student Alumni Association (SAA). More than 100 grandparents and guests attend each year.
Morning activities include time to visit with students over coffee and rolls, attend classes and convocation, enjoy a talent show and eat lunch with students. Additional optional activities are offered in the afternoon.
So that all grandparents of current students might receive an invitation, parents as well as grandparents are asked to e-mail the following to by Monday, March 12
- name of current Bethel student
- name(s) and address(es) of the student's grandparent(s) and great-grandparent(s) who would appreciate receiving invitations..
Other guests are welcome to accompany grandparents who may need transportation or assistance while on campus. If needed, family may also e-mail a request that grandparents NOT receive an invitation due to health or travel concerns (they may be on the invitation list from the past).
For more information, contact SAA advisor and director of alumni relations Dave Linscheid '75. Thank you.


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text: Post Tenebras Lux by Carlos Reygadas (Mexico, 2012, 120 min.). An affluent couple appears to have it all, but underneath the idyllic façade dark demons reside, represented with startling, hallucinogenic imagery. The title (Latin for "light after darkness") is an apt one as the film explores a family torn between peace and violence, guilt and repentance, and innocence and depravity. In Spanish, French, and English with English subtitles. Winner of Best Director at the 2012 Cannes Film Festival.


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One foot of snow expected for Verona, Cedar Grove area
About 12 inches of snow.
Wind gusts of up to 55 miles-per-hour.
No visibility.
Hazardous driving conditions.
That's the latest weather forecast for Essex County, courtesy of National Weather Service Meteorologist Dave Stark.
Although parts of Essex County were seeing rain, frozen rain, or a rain-snow mix around 10 a.m. Friday, the whole county will surely be the recipient of heavy snow, and nothing but heavy snow, come late afternoon or rush-hour period, Stark said.
As a result, Cedar Grove Police are recommending that people stay off the roads on Friday and travel only as needed, said Lt. Joseph Cirasa.
"It's hard to predict the rain-to-snow transition," Stark said. "That's what we're working on now. If the snow starts earlier, we may see totals that are a little higher. If the rain lingers ... then we may see a little less snow. But right now, we're estimating 10 to 12 inches for Essex County."
Points north will see more of the white stuff, he said, citing a 14-inch estimate for northern New Jersey. Boston, Mass. is forecasted to see the worst of the storm, with estimates of up to 3 feet of snow there.
Essex County will see snow through the overnight hours and into early Saturday morning, according to Stark. Though Saturday will be breezy, the wind gusts should die down come afternoon, at which point sunshine is expected.


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...says Denzel Valentine of Big Ten Tourney favorite MSU, which is 5-7 in its last 12 games. Cumong, man.
Support MGoBlog: buy stuff at Amazon
Mke Journal-Sentinel: Carlos Hyde scored below literacy level on Wonderlic
According to a pro scout's report in the Milwaukee Journal Sentinel, Hyde's Wonderlic score was 9. Given that 10 is the minimal literacy level, you wonder who Carlos has to thank at Ohio for his great academic achievement. Maybe he can credit Urban Meyer, who was so tough on Carlos.
Once, Meyer kept Carlos out for two whole plays after an unspecified "academic infraction". Oddly, Hyde's performance turned out to be "the third-best rushing performance in Ohio State history.
Meyer said about Carlos ""He's fine. He has been great and I expect him to be great again. I have no problem with Carlos….(but) "Academically our guys are held to a certain standard,"
Since a 9 score on the Wonderlic does not meet the standard for basic literacy (10), you have to wonder what exactly was the standard of Meyer and Ohio . (think North Carolina)
Snyder on the job, protecting the brand.
Looks to be a slow day, so I'll see if I can get this exchange between Mike Martin (YTMM) and Mark Snyder (YTMS) to post. If the picture doesn't embed properly, click the link in the first tweet. Yes, another exposé narrowly averted.
Warning - picture contains furry slippers, pizza remains, and the bones of a recent victim.
This is current.. #lazysundays i only get em 6 months outta the year http://t.co/Vt2EV5RPDj
— Mike Martin (@GoMikeMartin) March 2, 2014
@GoMikeMartin missing a hat there, big timer?
— Mark Snyder (@Mark__Snyder) March 2, 2014
"@Mark__Snyder: @GoMikeMartin missing a hat there, big timer?" Im wearing that one
— Mike Martin (@GoMikeMartin) March 2, 2014
OT: pace in college football, in 1968
A tweet by Smart Football pointed me to an article in Sports Illustrated from 1968 that discussed the high pace of offenses in that year:
In the first half of the season the top college teams got off about 40% more offensive plays than the leading pro teams. Notre Dame averaged 93 plays a game; Yale, 89; Ohio State, 87; Georgia, 85. USC, with its ground attack, andTennessee, with its consciousness about field position, still averaged 78 each. This compared with Los Angeles at 65 plays a game; Dallas, 63; Baltimore, 60 and Green Bay, 57."We are now getting plays off every 12 or 13 seconds," says Ohio State's Woody Hayes. "We are moving so fast I frequently can't get a play in from the sidelines. We'll hit 100 plays a game soon." This, coming from one of football's bastions of the conservative, makes it plain that something big has happened.
By comparison, this year Texas Tech averaged 90.3 plays per game, the highest in FBS.
And in 1968, it was option offense that was seen as the culprit for the high-octane, high-scoring offenses:
"The hammer that has broken things down is the option play," says Frank Broyles of Arkansas. "If we just spread people out and let the quarterback drop back and throw like the pros, you could play a consistent defense. But now you've got teams with two split receivers, with runners, and with quarterbacks who can run the option as well as throw. This simply generates more offense than any defense can handle."
The tackle is in trouble because of the biggest vogue in college football—"Homer's Triple," as some call it, or the "Houston Veer," as others refer to it. It is a quarterback option play first devised by Cincinnati Coach Homer Rice, then expanded upon by Houston Coach Bill Yeoman. If you run it Homer's way, the tackle gets optioned instead of blocked. You make that hulking soul worry about three things: a give to the runner, a keep by the quarterback or a pitchout. If you run it Houston's way, both the tackle and the end are optioned instead of blocked. Perhaps it should be called Somebody's Quadruple, because the quarterback can also pass as he goes veering down the line.
There truly is nothing new under the sun.
Uniformz (Design ideas not official)
First of all, this is in no way official. A writier at TFM dug around and found a graphic designers concepts at how schools could update uniforms.
Here is a link.
I am not a big fan generally but I know people do like uniformz.I am not too old but I fall on the old foggie side of many changes in football so I will leave it to others to explain how wonderful showing the state of Michigan on the uniform will rock.
OSU self reports 40+ minor violations
Stupid reports, though I find it funny that OSU apparently has a pandemic of accidental dials to potential recruits. The calls lasted less than a minute, but they had enough of them.
Yay Tempo! Yay Nussmeier!
Among other great things Nussmeier brings to the table, he apparently runs tempo in practice which IMO leads to an ability for the offense to, you know, actually run tempo in games.
It could also actually help our defense get used to tempo so they won't be seeing it for the first time in September or October.
Yay us!


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Guest Speakers for Michigan | ||
Speaker | Location | Topics Covered |
Capt. James Thompson | Allendale, MI | Any topic related to sailing other than racing. Fee: Requests travel expenses |
Paul Galea | Detroit, MI | Recreational boating and law, maritime law, products liability. Area to cover: 50 mile radius |
T.D. Vinette | Escanaba, MI | Underwater salvage, Great Lakes cruising, metal boat building. |
William Novak | Harrison Township, MI | Liability, maintenance, Question and Answer sessions, courses, possible qualification for NAMS certification. |
Phil Hallisey | Holland, MI | Spring commissioning |
Steve Sudal | Leland, MI | Repair and maintenance, Hurricane Hugo. |
Warren Roosen | Mt. Clemens, MI | Weather, engine maintenance, installation, repair, marine propulsion, gas, diesel, stern drive. |
WG (Bill) Barnhardt | Port Huron, MI | Marine surveying, surveying pleasure boats, U.S. Naval Sea Cadets, arson investigation(marine), engine maintenance. |
Robert Giesler | South Haven, MI | Loran - what it is, how it works, recreational boating. |
Randy Donoho | Southfield, MI | Safe boating and seamanship, vessel exam program, safety at sea, U.S. Coast Guard Auxiliary. |
Capt. Thomas Kelly | Suttons Bay, MI | Safety, Schooner "Inland Seas", The Science Ship, Inland Seas Education Association (ISEA), Great Lakes Ecology - Environment. Donations Accepted. USCG Licensed Captain. |
Capt. Jack Klang | Suttons Bay, MI | Importance of Marina Attendant Training. Ask about his official certifying seminar. Experience: USPS Advanced Pilot License, USCG License and Master 50-ton, has owned and operated charter company, experienced speaker, columnist, author, certified school teacher and counselor, water safety instructor, certified ASA instructor. |
Richard Dietz | Detroit, MI | Recreational boating, maritime law, products liability. |


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24 following
Jay Kovach August 13, 2012 at 10:59am
The tiger town open generated $183 to finish the signs at massillon oak ledges disc golf course. I'd like to thank the true sponsors of the the game the people that showed support for a course they love at a trophy only tournament. So thanks to the few but plenty members of various clubs medina, scdga, dover disc golf, summit disc golf, portage disc golf, team jdg, punderson disc golf and any others that played. I'm glad I had am opportunity to benefit a place that has given me great joy and some of the best rounds of disc golf. Thanks
Michael Kelly January 6, 2012 at 9:01pm
happy new year to all my fellow disc golfers looking forward to another great year of disc golf. go Team Just Disc Golf.
Jay Kovach December 30, 2011 at 9:47am
soup is on
Mike "SpiGGy" Broda December 30, 2011 at 8:35am
Mud bowl
Jay Kovach December 30, 2011 at 8:22am
Playing at wingfoot lake state park today at 1030 come join in if you can. Just Disc Golf!
Tommy Milkshake Randau December 23, 2011 at 12:24am
Happiest of Holidays to all!!!
Jay Kovach September 27, 2011 at 3:12am
Thank you buddy it was a blast, your guys philosophy pays off well that and learning to putt some... Thanks again.
Bob Cundiff September 26, 2011 at 10:39pm
Jay...I never hear from ya! But I do see how you fare in tournaments and let me say "AWESOME" for your effort at Hall Of Chains!
Mike "SpiGGy" Broda July 30, 2011 at 7:39pm
Thank you all for the support. I made a huge charge on the last round but could not hold things together taking a 5 and then a 6 on the final 2 holes to pit myself 5 strokes off a great round and 4 strokes out of semis. Dammit next
Year I will make it to semis! Sported my JDG shirt most of the time. Photos coming soon. Again thank for the support. And FYI the waters around genesee has a few of my discs. Looking to replace. Cfr whippet. Lat bolt and star valk
Michael Kelly July 30, 2011 at 1:31am
Great job Mike Broda.
Jay Kovach July 29, 2011 at 12:52pm
B Mike Broda 36190 905 63 904 61 943 58 944 59 906 61 925 +18 302
Go to here for more round info
Jay Kovach July 26, 2011 at 7:33am
Good luck mike!
Mike "SpiGGy" Broda July 26, 2011 at 5:49am
Play starts today @ 8 at Genesee park! Go Team!
Jay Kovach July 10, 2011 at 12:15pm
Team Just Disc Golf is looking for a new logo for this years shirts come up with one that we like and get a free shirt and a invitation to be on the team. Email us your ideas. thanks
Tommy Milkshake Randau July 10, 2011 at 9:10am
Damn Broda, thats Awesome but maybe he shouldn't be playing from the juniors temp tee's...lol JK
Tommy Milkshake Randau July 7, 2011 at 7:58pm
wow the team is growing, can't wait to see the new shirts, I hope mine will fit...lol
Jay Kovach February 2, 2011 at 1:20am
Think I got esp crushes now, but give me money and you get what you want at a sweet deal
Dan Hill February 2, 2011 at 12:31am
You know I'll buy any Crushes, Comets, or Cyclones you can get your hands on. Pretty much anything Discraft.
Jay Kovach January 27, 2011 at 9:40am
Ice bowl discs will be in friday the 28 th for the am players packs. These will be for the feb 5 th wingfoot date, if there is nothing you like take the credit and apply it to something we carry our we can order you anything you want.


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Discussion on May the 4th be with You! within the The Sarlacc Pit forum, part of the Community category; May the 4th be with You! Best day of the
there's a butcher over here that's celebrating star wars day by making wookie burgers , what I loved was he stated one might be chewie
Happy Star Wars Day everyone!
Had a rare day off, so did work on a Mr. Fett helmet to celebrate :-)
Enjoy your may 4th. I'll be waiting on the revenge of the 5th.
May the 4th be with you... always. Hope everyone has a great day (AND Free Comic Book Day!). I celebrated by starting the painting process on my Asok CC helmet, and watching The Clone Wars with my son.
Happy May 4th Everyone!
I hope everyone had a great 4th. I got to celebrate mine with my newborn. Can't wait until he gets older and can appreciate the Star Wars universe himself.


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This is a collection of pictures, mostly from the picture collection at the Utah Historical Society at the Rio Grande Depot, I have compiled in the last few years because I grew up in Sugarhouse. (You can also view the blog http://www.class45-a.blogspot.com/ about three teenagers from Sugarhouse who trained together in the Army Air Corps in WWII.) I lived near 2200 South 600 East and attended Columbus School located on 500 East, Irving Junior High in the heart of Sugarhouse and South High on State Street.
This is a picture of the Sugar Factory after which Sugarhouse was named. The odd thing is that the factory never produced a grain of sugar. It was later turned in to a paper factory but the name of the area Sugarhouse stuck, I guess, because it sounded better than Paperhouse. The paper factory was later reestablished at the mouth of Big Cottonwood Canyon. That building which is known as the Old Mill still stands today. More about the Old Mill later.
This is Sugarhouse on 21st South and Highland Drive (11th East) looking east toward Parley's Canyon. Irving Jr. High School can be seen to the left and behind the top of the obelisk. The Utah State Prison is just beyond the point where 21st South disappears in the distance. (To get an enlarged view of this picture just Left click anywhere in the picture and then use the scroll bars at the right and below the picture to see the entire picture.)
Irving Junior High School.
The new Utah State Penitentiary - Sugarhouse in 1903. The inmates were transferred to the new Point of the Mountain Prison in 1951.
Woolworth's Department Store (is where I met my wife Elva in 1947, a tribute to her life can be viewed at http://www.elvafarewell.blogspot.com/) was under construction next to the original Snelgrove's Ice Cream store at about 1050 East 21th South. Picture was taken in 1940. (Left click on the picture and use scroll bars for a good enlargement.)
1955 aerial view of Sugarhouse's expansion to the south. Highland Drive is at the bottom and the D&RGW Railroad track runs diagonally from the bottom left, continuing under the bridge at 13th East and up into Parley's Canyon and Park City. The Utah State Prison can be seen on 21st South just above 13th East in the upper left corner.
2007 Google Earth view of Sugarhouse expansion. Highland Drive is at the bottom similar to the 1955 photo above.
Forest School was located on 21st South and 9th East.
Petty Ford, taken in 1938, was across the street from Forest School.
Columbus School's conversion to a Salt Lake County Library, Community and Senior Center.
The old Coon Chicken Inn was located at 2960 South Highland Drive.
Coon Chicken Innby a descendant of Maxon Lester Graham
The Coon Chicken Inn was founded by Maxon Lester Graham. To understand the history of the Coon Chicken Inn, you must understand my grandfather. He was born June 17, 1879 and almost immediately had a flair for business.
During the period from 1923 to 1924, he took on distribution of several makes of cars including the Carter Car, Dort, Moon, Elcar and finally the Gray. In 1924 the M.L. Graham Co. had a profitable year.
The business took off immediately and it was not long that they enlarged the place, and put in an addition with tables and a dance floor along with adding counter space. By 1927 they had added so many additions that it started to look a Katzenjammer castle. On the week before the fourth of July, 1927 about 6 P.M., the restaurant caught on fire. The place was grease soaked from deep fat frying, and soon the fire was out of control. This tragedy was about three months after the Salt Air Pavilion, located on Great Salt Lake, had burned to the ground. The organizers of the Pavilion had hired over 250 carpenters to rebuild it so Maxon and Addie had no trouble finding the help to rebuild the restaurant. They were afraid that other places that had sprung up in competition to them, would take their business. So they erected a sign stating that the place would be re-opened within ten days. They opened on schedule with a banner crowd.
Late in the year 1929 they opened another Coon Chicken Inn in Seattle on Lake City Way N.E. Soon Maxon and Addie moved to Seattle. In the year 1930 they added the restaurant on Sandy Boulevard in Portland, Oregon. All three sites were booming and a cabaret and orchestra was added in Seattle and Salt Lake with a larger dining room and the addition of delivery trucks for outside catering. Maxon decided that if a gimmick were added for the children, it would help bring in the parents. He added the famous head logo to the entrances of the inns. At the time it proved quite popular. The logo of the Inn was on every dish, silverware item, menu and paper product.
The Coon Chicken Inn ran until the late 1950's when Maxon and Addie decided to keep the properties and lease out the buildings to other operators. On the Seattle site is Yings Drive Inn, the Salt Lake City site is the Chuck-A-Rama and the Portland site is the Prime Rib.
The Paper Factory in Sugarhouse was reestablished at the mouth of Big Cottonwood Canyon, in 1881, into what is now known as the Old Mill which is still standing, in fact, the nearby business area bears its name today.
Looking south down Main Street from South Temple Street in 1947. (Left click on the picture and use scroll bars for a good enlargement.)
This is a picture I took from the air looking east and down on the City of Murray. State Street, at the bottom, is nearly parallel to bottom of the picture. This was the center of Murray at that time in 1946. 4800 South is on the left angling up from the bottom to the top of the picture. Vine Street is near the center beginning at State Street and angling up to the right and bordering Murray Cemetery at 5600 South and continuing to the right and upward eventually crossing 900 East. The smoke covering Vine Street is rising out of the eastern part of Murray Park. (The reason I took this picture was seeing a fire with a plume of smoke covering so much of
This is a picture of the Murray Smoke Stacks at the intersection of State Street and 5300 South taken on the same flight as the picture above.
This is a view of Murray taken from Google Earth as of about 2007.
The trolley served Sugarhouse on 9th East. This picture was taken in 1934.
Three generations of transportation in SLC: the streetcar, the trolley and the bus. Picture taken in 1934.
Salt Lake City Airport
My first ride in an airplane was in a WACO like this one.
In the late 1930's we lived in the neighborhood where the owner of Seal's Quality Market lived. They owned a WACO aircraft hangared at the old Salt Lake Airport pictures above. (I always thought the WACO aircraft was named after the city of Waco, Texas. Not so, I found out later. It is the acronym for Weaver Aircraft Co. located in Lorain, Ohio.) Seal's youngest son, Boyd, and I were friends and he invited me on a few occasions to ride in their WACO which resulted in my interest in aviation and model building. (All three of the Seal's children became airline pilots. Boyd flew Boeing 747's for United Airlines.) Seal's Market was located one and a half blocks south of Liberty Park on the west side of 700 East. In those days the street car ran up and down 7th East from 33rd South past the car barns, now Trolley Square, to 5th South and on in to town on Main Street. The street cars stopped running in 1946 and in the mid 1950's the street car tracks were removed from the middle of 7th East and the street was widened to the west wiping out the homes and businesses on the west side of 7th East, including Seal's Market. This resulted in 7th East becoming a main thoroughfare from the north at South Temple Street turning into Van Winkle Expressway at about 47th South and then connects with Highland Drive at about 60th South.
The designation DC-4 was used by Douglas Aircraft Company when developing the DC-4E as a large, four-engined type to complement its forthcoming DC-3 design. It was intended to fulfill United Air Lines' requirement for a long-range passenger airliner. The DC-4E (E stands for experimental) emerged as a 52-passenger airliner with a fuselage of an unusually wide cross-section for its day and a triple fin tail unit, similar to that later used by Lockheed on its Constellation.
The DC-4E first flew on June 7, 1938, and was used by United Air Lines for test flights. The aircraft proved to be ahead of its time - it was complicated to maintain and was uneconomical to operate. The DC-4E was sold to Japan, which was buying western aircraft for evaluation and technology transfer during this period. The design became the basis of the Nakajima G5N bomber. The sponsoring airlines, Eastern and United, decided to ask instead for a smaller and simpler derivative but before the definitive DC-4 could enter service the outbreak of the Second World War meant production was channeled to the US Army Air Force and the type given the military designation C-54. Additional versions used by the US Navy were designated R5D. The first aircraft, a C-54, flew from Clover Field in Santa Monica, California on February 14, 1942. The DC-4 had a notable innovation in that its nose-wheel landing gear allowed it to introduce a fuselage of constant cross-section. This lent itself to easy stretching into the later DC-6 and DC-7. 1,163 DC-4s were built for the United States military services between 1942 and 1946.
Aerial view when the water level was low.
Entrance to Saltair in 1911 when the water level was high.
Swimming in the Great Salt Lake at Saltair about 1911.


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< Return To Hearing
Mr. Robert LevyFebruary 28, 2006
Wartime Executive Power and the NSA's Surveillance Authority II Robert A. Levy, Ph.D., J.D. Mr. Chairman, distinguished members of the Committee: My name is Robert A. Levy. I am a senior fellow in constitutional studies at the Cato Institute. Thank you for inviting me to comment on selected aspects of the National Security Agency's warrantless surveillance program. I. Introduction President Bush has authorized the NSA to eavesdrop, without obtaining a warrant, on telephone calls, emails, and other communications between U.S. persons in the United States and persons outside of the United States. For understandable reasons, the operational details of the NSA program are secret, as are the details of the executive order that authorized the program. But Attorney General Gonzales has stated that surveillance can be triggered if an executive branch official has reasonable grounds to believe that a communication involves a person "affiliated with al-Qaeda or part of an organization or group that is supportive of al-Qaeda." The attorney general has declared that the president's authority rests on the post-9/11 Authorization for Use of Military Force [AUMF] and the president's inherent wartime powers under Article II of the U.S. Constitution, which includes authority to gather "signals intelligence" on the enemy. The NSA program, and its defense by the administration, raise these questions, which I propose to address below: (1) Does NSA warrantless surveillance violate the Fourth Amendment's protection against unreasonable searches? (2) Does the program violate the Foreign Intelligence Surveillance Act [FISA]? (3) Does the AUMF authorize warrantless surveillance by the NSA? (4) Do the president's inherent powers allow him to ignore FISA? (5) What should be done if the executive branch has acted unlawfully? My conclusions, as elaborated in the following sections, are: First, the president has some latitude under the "executive Power" and "Commander-in-Chief" Clauses of Article II, even lacking explicit congressional approval, to authorize NSA warrantless surveillance without violating the "reasonableness" requirement of the Fourth Amendment. But second, if Congress has expressly prohibited such surveillance (as it has under FISA), then the statute binds the president unless there are grounds to conclude that the statute does not apply. Third, in the case at hand, there are no grounds for such a conclusion -- that is, neither the AUMF nor the president's inherent powers trump the express prohibition in the FISA statute. My testimony today addresses only the legality of the NSA program, not the policy question whether the program is necessary and desirable from a national security perspective. If the program is both essential and illegal, then the obvious choices are to change the program so that it complies with the law, or change the law so that it authorizes the program. Nor do I address, other than to mention in this paragraph, three other constitutional arguments that might be advanced in opposition to warrantless surveillance by the NSA. First, in contravention of the First Amendment, the program may deprive innocent persons of the right to engage freely in phone and email speech. Second, the president may have violated his constitutional obligation to "take Care that the Laws be faithfully executed." Among the laws to be faithfully executed is FISA. No doubt, the president has some discretion in enforcing the law, but not leeway to take actions that the law expressly prohibits. Third, in contravention of the Fifth Amendment, the NSA surveillance program may represent a deprivation of liberty without due process. Liberty, as we know from the Supreme Court's recent decision in Lawrence v. Texas, encompasses selected aspects of privacy that are separate from the question whether particular intrusions are reasonable in terms of the Fourth Amendment. Those concerns are legitimate, but they have not been central to the debate over NSA surveillance, and they are not the focus of the Committee's deliberations or, therefore, of my testimony. II. Does NSA Warrantless Surveillance Violate the Fourth Amendment? The president has contended that NSA warrantless surveillance does not offend Fourth Amendment protections against "unreasonable" searches. That contention is correct as far as it goes; but it does not go far enough. To begin, the Fourth Amendment requires probable cause in order to obtain a warrant, but it does not require a warrant for all searches. There are numerous instances of permissible warrantless searches -- e.g., hot pursuit, evanescent evidence, search incident to arrest, stop and frisk, automobile searches, plain view searches, consent searches, and administrative searches. In fact, federal courts have recognized a border search exception and, within the border search exception, an exception for monitoring certain international postal mail. As for a national security exception for foreign intelligence surveillance, that remains an open issue. The so-called Keith case in 1972 said there would be no exception if a domestic organization were involved; but there might be an exception if a foreign power were involved. Thus, the administration can credibly argue that it may conduct some types of warrantless surveillance without violating the Fourth Amendment. And because the president's Article II powers are elevated during time of war -- assuming the AUMF to be the functional, if not legal, equivalent of a declaration of war -- his post-9/11 authorization of NSA warrantless surveillance might be justifiable if the Congress had not expressly disapproved. But the Congress did expressly disapprove, in the FISA statute. Therefore, the president's assertion of a national security exception that encompasses the NSA program misses the point. The proper question is not whether the president has inherent authority to relax the "reasonableness" standard of the Fourth Amendment in order to direct warrantless surveillance, even if not approved by Congress. The answer to that question is "yes, in some cases." But the narrower issue in the NSA case is whether the president, in the face of an express statutory prohibition, can direct that same surveillance. The answer is "no," and I am not aware of any case law to support an argument to the contrary. Put somewhat differently, Article II establishes that the president has inherent powers, especially during wartime. And those powers might be sufficient to support his authorization of warrantless surveillance, notwithstanding the warrant provisions of the Fourth Amendment. But Article II does not delineate the scope of the president's wartime powers. And because Congress has concurrent authority in this area, an express prohibition by Congress is persuasive when deciding whether the president has overreached. The distinction between concurrent and exclusive powers is important. For example, the president's "Power to grant Reprieves and Pardons" is exclusive; there is no stated power for Congress to modify it by legislation -- e.g., by declaring certain offenses unpardonable. By contrast, the president's wartime powers are shared with Congress (see note 16). That suggests the president must comply with duly enacted statutes unless he can show that Congress has exceeded its authority. In this instance, President Bush has made no such showing. III. Does NSA Warrantless Surveillance Comply with FISA? Accordingly, even if the administration establishes that NSA warrantless surveillance during wartime is reasonable in the context of the Fourth Amendment, the question remains whether the NSA program violates the express terms of FISA. It does. The text of FISA is unambiguous: "A person is guilty of an offense if he intentionally engages in electronic surveillance ... except as authorized by statute." That provision covers communications from or to U.S. citizens or permanent resident aliens in the United States. Moreover, the Wiretap Act provides that its procedures and FISA "shall be the exclusive means by which electronic surveillance ... may be conducted." From the early 1960s until 1973, the NSA, without approval of Congress, used a "watch list" of U.S. citizens and organizations in sorting through intercepted foreign communications. That was known as Project Minaret. From 1945 to 1975, telegraph companies gave the NSA copies of most telegrams sent from the United States to overseas. That was known as Project Shamrock, "probably the largest governmental interception program affecting Americans ever undertaken." Of course, there were also domestic spying abuses by the Federal Bureau of Investigation under J. Edgar Hoover against suspected communists, Black Panthers, civil rights leaders and others. That's why FISA was enacted in 1978. It had a dual purpose: to curb abuses while facilitating domestic surveillance for foreign intelligence purposes. To be sure, the FISA statute was drafted to deal with peacetime intelligence. But that does not mean the statute can be ignored when applied to the post-9/11 war on terror. First, the FISA text makes no distinction between wartime and peacetime. To conduct surveillance without statutory authorization, in wartime or peacetime, is a crime, punishable by up to five years in prison. Second, in passing FISA, Congress expressly contemplated warrantless surveillance during wartime, but limited them to the first 15 days after war is declared. The statute reads: "Notwithstanding any other law, the President, through the Attorney General, may authorize electronic surveillance without a court order under this title to acquire foreign intelligence information for a period not to exceed fifteen calendar days following a declaration of war by the Congress." Third, FISA warrant requirements and electronic surveillance provisions were amended by the USA PATRIOT Act, which was passed in response to 9/11 and signed by President Bush. If 9/11 triggered "wartime," as the administration has repeatedly and convincingly argued, then the amended FISA is clearly a wartime statute. Some administration supporters have argued that FISA and the PATRIOT Act provide tools that the president had anyway, except he could not use the acquired evidence in a criminal prosecution. Yet there is no support for the notion that members of Congress, in passing the two statutes, thought they were simply debating the rules of evidence. Moreover, warrant requirements are triggered even if the government declines to prosecute. Imagine police secretly entering a private home without a warrant, installing bugs on phones and tracer software on computers, searching every room and closet, then leaving, never to be heard from again -- no arrest, no indictment, no notice to the target. Clearly, the Fourth Amendment's warrant provisions have been violated, even if the target is unaware and no fruits of the search are used as evidence in a criminal prosecution. A key purpose of the Amendment is to ensure privacy in those situations in which an expectation of privacy is reasonable. That said, there may be some international satellite or radio communications that do not come under FISA's prohibition because the communicating parties could not reasonably expect privacy. But I know of no court case that has denied there is a reasonable expectation of privacy by U.S. citizens and permanent resident aliens in their phone calls and emails. Moreover, the Justice Department, in a December 2005 letter to Congress, acknowledged that the president's October 2001 NSA eavesdropping order did not comply with the "procedures" of the FISA statute. The Department offers two justifications -- the first of which I examine next. IV. Does the AUMF Authorize Warrantless Surveillance by the NSA? The Justice Department asserts that Congress's post-9/11 AUMF provides the statutory authorization that FISA requires. Under the AUMF, "the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons" who may have been connected to 9/11. But that cannot reasonably mean the AUMF authorizes warrantless surveillance by the NSA in the face of an express provision in FISA that limits such surveillance to the first 15 days after a declaration of war. A settled canon of statutory interpretation directs that specific provisions in a statute supersede general provisions -- lex specialis derogat legi generali. When FISA forbids "electronic surveillance without a court order" while the AUMF permits "necessary and appropriate force," it is bizarre to conclude that electronic surveillance without a court order is authorized. In voting for the AUMF, members of Congress surely did not intend to make compliance with FISA optional. In fact, Congress was simultaneously relaxing selected provisions of FISA via the PATRIOT Act. Here's how the Washington Post put it: "Clearheaded members of Congress voting for the [AUMF] certainly understood themselves to be authorizing the capture of al-Qaeda and Taliban fighters. We doubt any members even dreamed they were changing domestic wiretapping rules -- particularly because they were focused on that very issue in passing the USA PATRIOT Act." Also in the Washington Post, former Senate minority leader Tom Daschle (D-SD) wrote that Congress rejected proposed language from the White House that the broader purpose of the AUMF was to "deter and pre-empt any future acts of terrorism or aggression." And Congress also refused a last-minute administration proposal to change "appropriate force against those nations" to read "appropriate force in the United States and against those nations." Notably, not one of the 518 members of Congress who voted for the AUMF has now come forth to dispute Sen. Daschle's account, or claim that his or her vote was intended to approve NSA warrantless surveillance. Still, proponents of the NSA surveillance program argue that (a) the intent of members of Congress in signing the AUMF is trumped by the text of the AUMF itself, (b) "necessary and appropriate force," as permitted under the AUMF, surely includes the gathering of battlefield intelligence, and (c) the war on terror, and the events of 9/11 in particular, have expanded the notion of "battlefield" to encompass places in the United States. Those assertions, insofar as they are posited as justification for NSA warrantless surveillance, are mistaken for three principal reasons: First, communications from the actual battlefield -- e.g., Afghanistan -- or from anywhere else outside the United States, can be monitored without violating FISA as long as the target of the surveillance is not a U.S. person in the United States. Second, a call from, say, France or the United Kingdom cannot reasonably be construed as battlefield-related unless the term battlefield has no geographic limits. The courts have rejected that idea in comparing the arrests of two U.S. citizens, Yaser Hamdi and Jose Padilla. In Hamdi v. Rumsfeld, federal appellate judge J. Harvie Wilkinson pointedly noted that Yaser Hamdi's battlefield capture was like "apples and oranges" compared to Jose Padilla's arrest in Chicago. And in Padilla v. Rumsfeld, the U.S. Court of Appeals for the Second Circuit rejected the argument that all the world is a battlefield in the war on terror. Third, if Naples, Italy is part of the battlefield, why not Naples, Florida? The same logic that argues for warrantless surveillance of foreign-to-domestic and domestic-to-foreign communications would permit warrantless surveillance of all-domestic communications as well. Of course, the administration denies the existence of an all-domestic surveillance program, but so too would the administration have denied the NSA's current program but for the leak in the New York Times. As law professor Richard Epstein has noted: A current battlefield, where there is armed combat, is vastly different from a potential battlefield that could erupt if the enemy were to launch a terrorist act. To argue that we are living in a "war zone" would be news to most Americans jogging in Central Park or watching television in Los Angeles. There is, after all, a distinction to be made between suburban Chicago and suburban Baghdad. Nor did the events of 9/11 transform the United States into a battlefield in the Afghan war -- any more than did the attack on Pearl Harbor or the invasion by eight Nazis in the Ex parte Quirin case transform the United States into a World War II battlefield. What, then, does the preamble of the AUMF mean when it refers to terrorist acts that "render it both necessary and appropriate that the United States exercise the right to self-defense and to protect U.S. citizens both at home and abroad" (emphasis added)? Here, too, Professor Epstein has correctly interpreted the text: The AUMF preamble sets out the purpose of the resolution but does not address the legitimacy of means undertaken to carry out that purpose. No one doubts that the president has the right to use force in self-defense to protect citizens at home and abroad. But a preamble containing a broad statement of goals is not an affirmative grant of power to violate the law. Finally, did the Supreme Court in Hamdi v. Rumsfeld interpret the AUMF so broadly as to buttress the administration's claim that the AUMF justifies the NSA surveillance program? At issue in Hamdi was whether the AUMF satisfied the Non-Detention Act, which required a statute authorizing Hamdi's extended detention. The government insisted that a U.S. citizen could be detained indefinitely, without access to counsel, without a hearing, and without knowing the basis for his detention. The Court plurality agreed that a U.S. citizen could be initially detained under the AUMF. But only "Taliban combatants" ; only with access to counsel ; only after "notice of the factual basis for his classification" ; only after a hearing ; and only if not "indefinite detention for ... interrogation." In other words, the Hamdi Court interpreted the scope of the AUMF narrowly, not broadly. Not even Hamdi's lawyers had argued that the government had to release enemy soldiers captured on the battlefield. Yet each of the government's other contentions were rebuffed by the Court. Indeed, if Hamdi were a victory for the government, why did the Defense Department release him after declaring in court papers that merely allowing Hamdi to meet with counsel would "jeopardize[] compelling national security interests" and "interfere with if not irreparably harm the military's ongoing efforts to gather intelligence." In summary, the AUMF does not address, much less authorize, warrantless domestic surveillance. V. Do the President's Inherent War Powers Allow Him to Ignore FISA? Attorney General Gonzales has a second, more plausible, defense of warrantless surveillance -- namely, Article II of the Constitution states that "The executive Power shall be vested in a President" who "shall be Commander in Chief" of the armed forces. That power, says the attorney general, trumps any contrary statute during time of war. I respectfully disagree -- which is not to say I believe the president is powerless to order warrantless wartime surveillance. For example, intercepting enemy communications on the battlefield is clearly an incident of his war power. But warrantless surveillance of Americans inside the United States, who may have nothing to do with al-Qaeda, does not qualify as incidental wartime authority. The president's war powers are broad, but not boundless. Indeed, the war powers of Congress, not the president, are those that are constitutionalized with greater specificity. The question is not whether the president has unilateral executive authority, but rather the extent of that authority. And the key Supreme Court opinion that provides a framework for resolving that question is Justice Robert Jackson's concurrence in Youngstown Sheet & Tube v. Sawyer -- the 1952 case denying President Truman's authority to seize the steel mills. Truman had argued that a labor strike would irreparably damage national security because steel production was essential to the production of war munitions. But during the debate over the 1947 Taft-Hartley Act, Congress had expressly rejected seizure. Justice Jackson offered the following analysis, which was recently adopted by the Second Circuit in holding that the administration could no longer imprison Jose Padilla: First, when the president acts pursuant to an express or implied authorization from Congress, "his authority is at its maximum." Second, when the president acts in the absence of either a congressional grant or denial of authority, "there is a zone of twilight in which he and Congress may have concurrent authority, or in which its distribution is uncertain." But third, where the president takes measures incompatible with the express or implied will of Congress -- such as the NSA program, which violates an express provision of the FISA statute -- "his power is at its lowest." Even under Youngstown's second category (congressional silence), the president might have inherent wartime authority to interpret the "reasonableness" standard of the Fourth Amendment in a manner that would sanction certain warrantless surveillance. But the NSA program does not fit in Youngstown's second category. It belongs in the third category, in which the president has acted in the face of an express statutory prohibition. Naturally, if the statutory prohibition is itself unconstitutional, the administration is not only permitted but obligated to ignore it. That's the argument administration supporters have proffered to excuse the NSA's defiance of FISA. To bolster their case, they cite the only opinion that the FISA Court of Review has ever issued, In re: Sealed Case. There, the appellate panel mentioned several earlier cases that concluded the president has "inherent authority to conduct warrantless searches to obtain foreign intelligence information." The Court of Review then added: "We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President's constitutional power." Three responses: First, I do not contend that the president lacks "inherent authority to conduct warrantless searches to obtain foreign intelligence information." He has such authority, but Congress, exercising its own concurrent wartime powers, has limited the scope of that authority by excluding warrantless surveillance intentionally targeted at a U.S. person in the United States. Second, the surveillance in the earlier cases cited by Sealed Case took place pre-FISA, so Congress had not yet laid out the rules. Third, the quote from Sealed Case conveniently stops one sentence short. Here is the very next sentence: "The question before us is the reverse, does FISA amplify the President's power by providing a mechanism that at least approaches a classic warrant and which therefore supports the government's contention that FISA searches are constitutionally reasonable." In resolving that question, the Court of Review did not conclude that FISA "encroach[ed] on the President's constitutional power." Quite the contrary, according to the court, FISA permissibly amplified the president's power. The restrictive provisions in FISA were simply a clarification of his new and expanded authority. Further, the attorney general asserts that the AUMF and the commander-in-chief power are sufficient to justify the NSA program. He, or his predecessor, made similar claims for military tribunals without congressional authorization, secret CIA prisons, indefinite detention of U.S. citizens, enemy combatant declarations without hearings as required by the Geneva Conventions, and interrogation techniques that may have violated our treaty commitments banning torture. Is any of those activities outside the president's commander-in-chief and AUMF powers? If not, what are the bounds, if any, that constrain the president's unilateral wartime authority? VI. What Should Be Done to Remedy Unlawful Acts by the Executive Branch? Having concluded that NSA's warrantless surveillance program is illegal, let me comment briefly on some remedial steps to cure the president's violation of the FISA statute. At the outset, I reject the proposition that the president, but for his ability to order warrantless surveillance of U.S. persons, would be impotent in the war on terror. First, he has expansive power to conduct surveillance outside the United States. Second, the PATRIOT Act and other statutes have given him broad leeway within the United States. Third, he has considerable, although not plenary, inherent authority under the commander-in-chief power when Congress has approved, or even perhaps when Congress has been silent. But when Congress exercises its own powers and expressly prohibits what the president would like to undertake, the president's power is limited. Yet, even then, if it's necessary and desirable to monitor the communication of a U.S. person in the United States, then the president could, and should, have sought a FISA warrant. The requirement to obtain a warrant from the FISA court is probable cause that someone may be "an agent of a foreign power," which includes international terrorist groups. That standard is far below the usual criminal-law requirement for probable cause that a crime has been, or is about to be, committed. Almost all FISA requests are granted, and emergency approval for wiretaps can be handled within hours. In fact, the FISA statute allows the government in emergency situations to put a wiretap in place immediately, then seek court approval later, within 72 hours. Attorney General Gonzales has declared that 72 hours is not enough; it takes longer than that to prepare a warrant application. That is tantamount to arguing that the Justice Department lacks sufficient personnel to handle its workload, so it's compelled to act illegally to circumvent prescribed procedures. Moreover, the administration has not, to my knowledge, complained about the same 72-hour window that governs domestic-to-domestic communications under FISA. Why is the window too short only when the party on the other end happens to be outside the United States? Indeed, the window was increased from 24 to 72 hours in the Intelligence Authorization Act for Fiscal Year 2002. If the longer period is still inadequate, why hasn't the administration requested another extension from Congress? In his recent Senate testimony on the NSA program, Attorney General Gonzales outlined the following steps that must be taken before an emergency warrant application is filed. (1) NSA officials identify a legitimate target. (2) NSA lawyers ensure that the application complies with FISA. (3) Justice Department lawyers must agree. (4) The attorney general must agree. (5) The application must be approved by a Cabinet-level officer. (6) It must be approved by a senior official with mass security responsibility, such as the director of the FBI. FISA itself imposes only three requirements: (1) The attorney general must approve. (2) An official confirmed by the Senate with foreign affairs responsibility must certify that the surveillance has foreign intelligence value. (3) "Minimization procedures" must ensure that surveillance is not overbroad (for example, by preventing retention of information unrelated to national security). Accordingly, the redundancies cited by the attorney general are not necessary to comply with FISA. My colleague at the Cato Institute, Mark Moller, points out that the president "could cull out duplicative layers of lawyer oversight at both NSA and the Department of Justice. He could eliminate multiple sign-offs by senior officials. NSA case officers could initiate the warrant request. An intelligence oversight counsel assigned to specific ongoing investigations could process the warrant within the 72-hour time frame." Moller concludes that "the president can simply change the procedures and cut the red tape. The president's authority to manage the executive branch is a far more modest assertion of power than an 'inherent' authority to ignore the law." Admittedly, FISA warrants might not be available for some surveillance operations that the NSA would like to undertake. FISA allows warrants only against foreign powers, including terrorist groups, or their agents. Therefore, a warrant is not available if the intended domestic target is not an "agent," even if he is an al-Qaeda contact (perhaps not aware that his communications have intelligence value). Conceivably, FISA could be amended so that warrants could issue merely upon showing that an individual has had contact with al-Qaeda. That is a policy question, not a legal question, on which I claim no special insight. But it is important to note that under current law, surveillance of non-agent U.S. persons is even more egregious than warrantless surveillance of agents. The latter could be cured by a warrant; the former could not. In other words, if NSA targets a non-agent U.S. person, the violation of FISA consists not merely of unauthorized surveillance without obtaining a FISA warrant, but of surveillance under circumstances where a FISA warrant would never have been granted. If the president thought the law should be amended to authorize warrantless surveillance of either agents or non-agents, he had a convenient vehicle for that purpose shortly after 9/11. That's when the PATRIOT Act was passed, substantially enhancing the president's authority under FISA and expanding his ability to conduct foreign intelligence surveillance. The president could have, but did not, seek new authority for the NSA -- authority that he has now decreed, unilaterally, without input from either Congress or the courts. Maybe Congress would not have approved if asked. Or maybe the courts would have overridden any further loosening of the warrant provisions. But the legal stumbling block for the administration is not just that it failed to get affirmative support for expanded surveillance from Congress and the courts. The bigger predicament is that Congress, without objection from the president, expressly rejected warrantless domestic surveillance and codified that prohibition in the FISA statute, which the president implicitly accepted when he signed the PATRIOT Act. Because the central problem with the NSA surveillance program is too much unchecked authority in the executive branch, the obvious solution is for the federal legislature or the federal judiciary to intervene. But the courts may decide they cannot play a role: First, the Justice Department will not prosecute; second, surveillance targets who have been secretly monitored are unlikely to know of their victimization; third, potential targets may not be able to prove sufficient injury; and fourth, aggrieved members of Congress have previously been denied legal standing to sue. That elevates the need for congressional intervention. But the president has resisted asking Congress to approve NSA domestic surveillance because, among other things, publicity might tip off al-Qaeda. Perhaps his concern is legitimate, but "tipping off terrorists" is an excuse not to debate any counterterrorism statute, including the PATRIOT Act, which was nonetheless debated vigorously. Moreover, the president's rationale assumes that al-Qaeda would be blissfully ignorant of the surveillance but for congressional deliberations. The administration may be justified in taking measures that in pre-9/11 times could be seen as infringements of civil liberties. After all, the fuzzy text of the Fourth Amendment (unreasonable searches) and the Fifth Amendment (due process) leaves room for exceptions at the margin. But the executive branch cannot, in the face of an express prohibition by Congress, unilaterally set the rules, execute the rules, and eliminate oversight by the other branches. |


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I Love You, You Love Me …and so the famous Barney song goes. For small children, Barney, the large lovable purple dinosaur, is a favorite friend who spends time with children sharing love and imagining stories. Kids will love to have a Barney themed party based on this character with all of their friends.
Create a Purple Puzzle Invitation. Use heavy purple card stock and write your Barney party details on the paper in the shape of Barney. Cut your invitation into puzzle pieces, and place them into a mailing tube. Your party guests will need to assemble the invitation to learn the details.
Alternatively, draw and cut out egg shapes from white or purple paper. Photocopy and glue a picture of Barney in the middle. Write your party details on one side of the egg and have your birthday child decorate the other side with craft materials.


text:
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mine, finally came through this month, 40 days of waiting. the last few months, I had to wait for 50 days. |
And with no segue whatsoever... LOL RadiumOne - Get Styled By a Fashion Icon! (picture of a silver heart-shaped locket) - 22 sb This is a sign-up for JewelMint, which is some sort of personalized jewelry recommendation / monthly sale service, but as far as I can tell, no obligation to buy anything. Same or similar to the JewelMint offer that was on Super Rewards last week (or might still be there for some). Click on photos that match your fashion preferences, and provide name and email address. Instant credit at end. Last edited by capslock; 08-23-2011 at 02:23 PM.. I am looking for:
Current IPs: Spectrum Essentials $3, 6 Almay $5/2, 3-8 GE Energy Smart $1, 2 Vaprino $1 NLA IPs: Alexia $1, Dream $2 Insert Coupons: Bic $3, Mucinex $5 Other Coupons: Lysol $2/2, Clorox $5/5, NM $2 Rebate Forms: NBPR in NY, Dickinson's Witch Hazel, Cascadian Farm, Physician's Formula If you have extras, PM me to work out a trade! Oct 22: INTERNATIONAL CAPSLOCK DAY & NATIONAL NUT DAY..that's my day!! |
JewlMint worked like a charm. Thanks! |
thanks for replying.
thanks a lot, it worked. found my number, and also found my inbox. even have a few calls in there from January. question, i can now use my GV # for spec offers. then i just go to the inbox and delete them, w/o this causing any problems to my usage of GV for my own personal calls Last edited by Bobbiebell; 08-23-2011 at 02:44 PM.. |
came out to people screaming like the world had ended, and one person ready to have a heart attack saying "oh my god the TV is bouncing up and down, loooooookkkkkk, tv is bouncing" i looked. tv was just sitting steady. however the water inside in a bottle of sparkling water was swaying wildly like a boat in a stormy ocean. and my exercise resistance band had miraculously drifted off the edge of the couch and was swaying excitedly. so i knew there had been a quake or some tremors. then i looked in the rooms and the candle sconces were all swaying. i am told desks and chairs and televisions and the microwave and tv were all bouncing and jumping and rattling. i only saw humans jumping. and that was unsettling enough. caps where's the alcohol. i want. i need. "Your time is limited, so don't waste it living someone else's life. Don't be trapped by dogma, which is living with the results of other people's thinking. Don't let the noise of others' opinions drown out your own inner voice. And most important, have the courage to follow your heart and intuition. They somehow already know what you truly want to become. Everything else is secondary."
Steve Jobs 1955 - 2011 |
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Story Created: Feb 9, 2011 at 5:01 PM PST
Story Updated: Oct 10, 2013 at 9:53 PM PST
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Previous Article DP March 12th Taping
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Marcia said on Sunday, Jun 5 at 7:29 PM
Would love to see more of the mid and late 80's music...Madonna, Cindy Lauper, Expose, Sweet Sensation, Janet Jackson, Whitesnake...thanks!
Tricia said on Saturday, May 14 at 6:28 PM
My friends and I would love to be on Dance Party. How do we go abot this?
Krishna said on Saturday, Apr 30 at 6:08 PM
My brother and I are 70's and 80's babies and we would love to be on your Dance Party 2011. We'd love to hear from you 707-280-5959
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01 April 2003
Phosphor thermometry
The essential features are in place for realizing a temperature scale in terms of atomic quantities.
By W. Allison, M.R. Cates, and G.T. Gillies
When it comes to measuring temperature, industry depends on primary, secondary, and transfer-standard thermometers to calibrate instruments.
Terminology Atomic clock Doping Fluorescence Thermographic Triple point |
Standards laboratories worldwide currently use the International Temperature Scale of 1990 (ITS-90). But to use this scale, they depend on a wide variety of material artifacts, devices, and algorithms.
This temperature scale exists between the values of 13 kelvin (K) and 1,234 K in terms of the well-defined thermodynamic transition points—melting, freezing, vapor pressure, and triple points—of several pure materials.
These elemental materials are the gases (at ambient conditions) hydrogen, neon, oxygen, and argon and the metals (ambient . . .) mercury, gallium, indium, tin, zinc, aluminum, and silver, as well as with water.
The base unit of the International System (SI) associated with the measurement of thermodynamic temperature, the kelvin, defines as 1/273.16 of the thermodynamic temperature of the triple point of water.
Interpolation over subranges of the ITS-90 span shows that there are calibration errors on the order of a few tenths of a millikelvin propagating from the standard.
Physicists, chemists, and metrologists at national standards laboratories around the world contribute to the structure, maintenance, and improvement of the ITS-90. Their goal is to lower overall uncertainty in the realization of the kelvin via this scale.
Independent atomic quantities
Because the material artifacts in use have no direct tie to atomic quantities, precision varies depending on the individual artifact.
Ideally, all of the base units of the SI system would manifest in terms of atomic quantities that are independent of artifacts. With this independence, all laboratories could establish the units with essentially equal precision.
With this purpose in mind, researchers have begun exploring the possibility of using single crystals of thermographic phosphors in a new realization of the kelvin.
The experimental technique would involve the laser-induced fluorescence of a rare-earth-doped phosphor—the optical decay lifetime of which would be measured relative to an atomic clock—in order to obtain a primary standard of temperature based only on atomic quantities.
In principle, this technique could provide the first realization of the kelvin over continuous ranges of temperature, without the need for interpolation between fixed thermodynamic transition points.
And ultimately, this technique could establish a new kind of temperature scale tied directly to atomic constants from which the kelvin could arise and subsequently disseminate with improved precision.
Phosphor thermography measurement system |
Change-transfer states
Researchers have explored remote thermometry via thermographic phosphors in depth during the past 20 or so years, and a large number of applications for this methodology have been proposed.
The existence of charge-transfer states in materials such as Y2O3: Eu (Yttrium oxide doped with Europium) and La2O2S: Eu (Lanthanum oxysulfide: Europium) provides for a temperature dependence in the amplitudes and exponential decay lifetimes of laser-induced fluorescence in such materials.
The excitation energy of these shares between radiative (photon) and nonradiative (phonon) deexcitation processes.
The physics underlying the temperature dependence of the ratio between these deexcitation mechanisms provides useful models for the quantum mechanics of the decay rates.
If satisfactory predictions of temperature vs. decay rate can be made for an appropriate material, and if the subsequent experimentally measured decay rates could be determined using an apparatus that has a cesium beam atomic clock as its time base, then the essential features are in place for realizing a temperature scale in terms of atomic quantities.
The components for accomplishing this type of measurement are several. A tunable dye laser or some other suitable excitation source serves to optically pump the phosphor sample, which is located inside an ideally gradient-free furnace.
The fluorescence signal registers on a fast, low-noise photodetector, and a waveform-processing oscilloscope and/or an offline computer analyzes the signal and extracts the exponential decay time constant.
The time base for the whole system would be a cesium beam atomic clock or possibly a suitable stable signal derived from one.
Given a satisfactory theoretical understanding of the relationship between the temperature of the single-crystal phosphor sample and the associated fluorescence decay time, the resulting measurements will yield the thermodynamic temperature of the sample over the entire response range of the particular phosphor being used.
A thermometer in thermal equilibrium with the sample, such as a platinum resistance thermometer, can then calibrate directly against this new type of primary standard.
Realization of the kelvin over continuous spans of several hundred degrees would then be possible, as some phosphors have slow variations of decay time with temperature.
Prototype experiments
The authors carried out a series of experiments aimed at establishing a thermal measurement chain consistent with this model. The original purpose of the studies was to use the system in the inverse sense and calibrate the response of the phosphor thermometer in terms of a National Institute of Standards and Technology (NIST)–traceable reference thermometer.
They later identified the sources of potential experimental uncertainty in such an experimental arrangement.
One of the principal findings of this work was that one could obtain very pure fluorescence decays from materials such as Y2O3: Eu following the initial photooptical charging of the phosphor.
With the availability of samples of single-crystal phosphors suitable for experimental evaluation (LaPO4: Eu and Y2O3: Eu), the authors then carried out sets of studies aimed at demonstrating the feasibility of realizing the kelvin with this approach.
Using the phosphor LaPO4: Eu, continuous measurements (rather than interpolations) between the freezing points of Zn and Al would be possible. A phosphor with a broader thermal roll-off or lower quenching temperature would be necessary to reach lower temperatures.
Phase diagram for water |
Prospects for implementation
The realization of a new primary standard of thermodynamic temperature would be a very ambitious undertaking and would ultimately require the resolution of many important metrological issues.
The conversion of the temperature measurement into one of obtaining and analyzing a time interval, however, moves the concept in a direction that is generally aligned with modern progress in metrology because time and frequency are among the most precisely measured of all variables.
To fully realize the possibilities suggested by this approach, an accurate quantum mechanical model of the temperature dependence of the phosphor's decay time is necessary. Efforts aimed at developing such models are afoot, and further work on this topic is under way.
To make such a system readily available to industrial as well as standards laboratories, there is a need for inexpensive alternatives to laser-based excitation of the phosphor.
The authors' work has demonstrated that blue LED excitation of rare-earth-doped phosphors is possible, thus providing one such alternative excitation source. Lastly, phosphors with a temperature-dependent fluorescence decay time that covers as wide a temperature span as possible should be developed and used.
The authors are now studying both single-doped and double-doped phosphors that show promise of satisfactory performance. Eventually, long-term experiments will be required to establish the durability of the fluorescent material for extended operation at high temperature and over many high/low temperature cycles. TT
Behind the byline
W. Allison and M. R. Cates are senior development staff members at Oak Ridge National Laboratory. G. T. Gillies is a research professor at the University of Virginia. Matthew Lamoreaux contributed to this article. Refer to the original ISA technical paper for discussion and test results graphs at www.isa.org/intech/phosphors.
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Mining continues to be Australia's sunshine sector, with jobs created everyday and pay scales rising. According to the latest data on various job sites, Aussie mining jobs pay between $75,000 and $240,000 annually.
In this gallery, we've compiled a list of top mining jobs and what they pay.
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Does your small business need big help with accounting and financial management services? QuickBooks 2008 For Dummies to the rescue! Here's just what you need to get up and running with the latest version of QuickBooks, the bestselling small business accounting software for more than a decade.With QuickBooks, you can build a budget, process payroll, track income and outgo, and make tax time a little less stressful. Even though it's a pretty intuitive system, QuickBooks—like all accounting software—requires a bit of set-up to make it run efficiently and tailor it to your business. QuickBooks 2008 For Dummies shows you how to
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