text:
May 9, 2006
Senate Judiciary CommitteeReauthorization of Section 5 of the Voting Rights ActMay 9, 2006
Testimony of Laughlin McDonaldDirector, ACLU Voting Rights ProjectAtlanta, Georgia
On behalf of the ACLU, I want to express my support for thebill pending before the committee to extend Section 5 of theVoting Rights Act, 42 U.S.C. § 1973c, for an additional 25 years.The comprehensive record compiled by Congress of continuingdiscrimination in voting and the prevalence of racialpolarization in the political process demonstrate that theextension of Section 5 would be a proper exercise ofcongressional authority to enforce the racial fairness provisionsof the Fourteenth and Fifteenth Amendments.The ACLU also supports the other provisions of the bill,including the language assistance provisions of Section 203, butsince this hearing focuses specifically on Section 5, I willconfine my remarks to that issue.Prior Challenges to the Constitutionality of Section 5The constitutionality of Section 5 has been challenged inthe past, but the challenges have been consistently rejected. Assoon as Section 5 was enacted in 1965, South Carolina, along withAlabama, Georgia, Louisiana, Mississippi, and Virginia,1. 383 U.S. 301, 308 (1966). Although the 1957, 1960, and1964 Civil Rights Act contained provisions prohibitingdiscrimination in voting, they depended on time consuminglitigation for enforcement. As Attorney General Katzenbachexplained in his testimony before Congress in support of Section 5,"existing law is inadequate. Litigation on a case-by-case basissimply cannot do the job." Hearings on S. 1563 before the SenateComm. on the Judiciary, 89th Cong., 1sr Sess., pt. 1, 14 (1965).2. Id. at 334.3. Id. at 327 (quoting Ex parte Virginia, 100 U.S. 339,345-46 (1880)).2challenged it as unconstitutional. The Supreme Court rejectedthe challenge in South Carolina v. Katzenbach, citing the"unremitting and ingenious defiance of the Constitution" incertain sections of the country, the failure of the case-by-casemethod to end discrimination, and the repeated attempts by localjurisdictions to evade the law by enacting new and differentdiscriminatory voting procedures.1 The Court acknowledged thatSection 5 was an "uncommon exercise of Congressional power," butfound that Congress's enactment was justified by the exceptionalhistory of voting discrimination in the effected jurisdictions.2In doing so the Court applied a broad test for congressionalpower to enforce the constitution, i.e., "[w]hatever legislationis appropriate . . . to secure to all persons the enjoyment ofperfect equality of civil rights and equal protection of the lawsagainst State denial or invasion, if not prohibited, is broughtwithin the domain of congressional power."34. City of Rome v. United States, 446 U.S. 156, 180 (1980).5. Id. at 179, 182. While the 1970 and 1975 amendmentsadded jurisdictions by using subsequent presidential elections(1968 and 1972), the previously covered jurisdictions were notreleased from coverage under the original formula based on the 1964presidential election.3Congress extended Section 5 again in 1970 and 1975, and onceagain its constitutionality was challenged. The City of Rome,Georgia, argued that Section 5 violated principles of federalism,or states' rights, and that even if the preclearance requirementswere constitutional when enacted in 1965, "they had outlivedtheir usefulness by 1975."4 The Court rejected the federalismargument, noting that the Fourteenth and Fifteenth Amendments"were specifically designed as an expansion of federal power andan intrusion on state sovereignty." As for the argument thatSection 5 had outlived its usefulness, the Court concluded that"Congress' considered determination that at least another 7 yearsof statutory remedies were necessary to counter the perpetuationof 95 years of pervasive voting discrimination is bothunsurprising and unassailable."5After the extension of Section 5 in 1982, Sumter County,South Carolina, filed yet another challenge to theconstitutionality of the statute. It contended that the 1982extension was unconstitutional because the trigger, or coverage6. Section 5 covers states, or politicalsubdivisions, in which less than half of eligible persons wereregistered or voted in either the 1964, 1968, or 1972presidential elections, and which used a test or device forvoting. 42 U.S.C. § 1973b(b).7. County Council of Sumter County, S.C. v. UnitedStates, 555 F. Supp. 694, 707 (D.D.C. 1983). 8. Id.9. Id. at 707 n.13.10. 521 U.S. 507.4formula, was outdated.6 The county pointed out that as of May28, 1982, more than half of the age eligible population in SouthCarolina and Sumter County was registered, facts which it said"distinguish the 1982 extension as applied to them from thecircumstances relied upon in South Carolina v. Katzenbach, supra,to uphold the 1965 Act."7 The three-judge court rejected theargument, noting that Section 5 "had a much larger purpose thanto increase voter registration in a county like Sumter to morethan 50 percent."8 In support of its conclusion, the court notedthat "Congress held hearings, produced extensive reports, andheld lengthy debates before deciding to extend the Act in 1982."9Section 5 and the City of BoerneOpponents have launched new arguments and challenges againstthe Voting Rights Act in light of a series of Supreme Courtdecisions beginning with City of Boerne v. Flores, decided in1997.10 In City of Boerne, the Court invalidated the ReligiousFreedom Restoration Act of 1993 (RFRA) because of an absence of11. Id. at 520, 530.5"congruence and proportionality between the injury to beprevented or remedied and the means adopted to that end." TheCourt defined "congruence and proportionality" as an agreement"between the means used and the ends to be achieved. Theappropriateness of remedial measures must be considered in lightof the evil presented."11 However, the Court repeatedly citedthe Voting Rights Act as an example of congressional legislationthat was constitutional.The Court in Boerne cited the Act's suspension of literacytests as an appropriate measure enacted under the FifteenthAmendment "to combat racial discrimination in voting." It heldthat the seven year extension of Section 5 and the nationwide banon literacy tests were "within Congress' power to enforce theFourteenth and Fifteenth Amendments, despite the burdens thosemeasures placed on the States," and that Section 5 was an"appropriate" measure "'adapted to the mischief and wrong whichthe [Fourteenth] [A]mendment was intended to provide against'."Congress acted in light of the "evil" of "racial discrimination[in voting] which in varying degrees manifests itself in everypart of the country." The legislative record disclosed "95 yearsof pervasive voting discrimination," and "modern instances of12. Id. at 520, 526, 530, 532. 13. Lopez v. Monterey County, 525 U.S. 266, 282(1999).14. Id. at 282-83.6generally applicable laws passed because of [racial] bigotry."By contrast, the legislative history of RFRA, in the view of theCourt, contained no such evidence, leading it to conclude that"RFRA is so out of proportion to a supposed remedial orpreventive object that it cannot be understood as responsive to,or designed to prevent, unconstitutional behavior."12It is especially worthy of note that the Supreme Courtrelied upon City of Boerne in rejecting a challenge to theconstitutionality of Section 5 made by the State of California.The state argued that "§ 5 could not withstand constitutionalscrutiny if it were interpreted to apply to voting measuresenacted by States that have not been designated as historicalwrongdoers in the voting rights sphere."13 The Court disagreed.Citing Boerne, it held:[l]egislation which deters or remediesconstitutional violations can fall within thesweep of Congress' enforcement power even ifin the process it prohibits conduct which isnot itself constitutional and intrudes intolegislative spheres of autonomy previouslyreserved to the States.14The Court, reaffirming its ruling in South Carolina v.Katzenbach, further held that "once a jurisdiction has been15. Id. at 283.16. 35 U.S.C. 271(h) & 296(a). 17. 527 U.S. 627, 640 (1999).18. Id. at 639 and n.5.19. 528 U.S. 62 (2000).7designated, the Act may guard against both discriminatory animusand the potentially harmful effect of neutral laws in thatjurisdiction."15After the decision in City of Boerne, the Court in FloridaPrepaid Postsecondary Education Expense Board v. College SavingsBank, invalidated the Patent Remedy Act,16 allowing suits againsta state because "Congress identified no pattern of patentinfringement by the States, let alone a pattern ofunconstitutional violations."17 But as in City of Boerne, theCourt in Florida Prepaid expressly and repeatedly noted theconstitutionality "of Congress' various voting rights measures"passed pursuant to the Fourteenth and Fifteenth Amendments, whichit described as tailored to "remedying or preventing"discrimination based upon race.18Kimel v. Florida Board of Regents,19 another federalism orstates' rights decision, invalidated the provisions of the AgeDiscrimination in Employment Act of 1967 (ADEA), that subjectedstates to suit for money damages for age discrimination. Butnothing in the opinion suggests that any provision of the Voting20. Id. at 83-4, 86.21. Id. at 89.8Rights Act is unconstitutional. First, the Court held thatclassifications based upon age were unlike those based upon race,and that "age is not a suspect classification under the EqualProtection Clause." Second, the Court held that states maydiscriminate on the basis of age if the classification isrationally related to a legitimate state interest."Classifications based on race, however, are constitutional onlyif they are narrowly tailored to further a compellinggovernmental interest. Age classifications, unlike racialclassifications, are "presumptively rational." Against thisbackdrop, the Court concluded that ADEA was not "responsive to,or designed to prevent, unconstitutional behavior."20 Inaddition, according to the Court, in the legislative history ofADEA "Congress never identified any pattern of age discriminationby the States, much less any discrimination whatsoever that roseto the level of constitutional violation."21In United States v. Morrison, another of the post-Boernecases, the Court invalidated a section of the Violence AgainstWomen Act of 1994 which provided penalties against privateindividuals who had committed criminal acts motivated by genderbias. The Court concluded that the disputed provision could not22. 529 U.S. 598, 626 (2000).23. 384 U.S. 641 (1966).24. 531 U.S. 356, 370 (2001).9be upheld as a proper exercise of congressional power under § 5of the Fourteenth Amendment because "it is directed not at anyState or state actor, but at individuals."22 Section 5, bycontrast, is by its express terms directed at states and stateactors, i.e., at "any State or political subdivision." Moreover,the Court cited as examples of the proper exercise ofcongressional power under the Fourteenth and Fifteenth Amendmentsthe various voting rights laws found to be constitutional inKatzenbach v. Morgan (prohibition on English literacy tests forvoting)23 and South Carolina v. Katzenbach.In still another case, Board of Trustees of the Universityof Alabama v. Garrett, the Court invalidated a portion of Title Iof the Americans with Disabilities Act of 1990 (ADA) allowingstate employees to recover money damages by reason of the state'sfailure to comply with the statute. The Court concluded thatthere was no evidence of a "pattern of unconstitutionaldiscrimination on which § 5 [of the Fourteenth Amendment]legislation must be based."24 However, the Court was careful tounderscore the constitutionality of the Voting Rights Act andsingled it out as a preeminent example of appropriate legislation25. Id. at 373.26. 538 U.S. 721, 736 (2003).27. Id. at 736, 738.10enacted to enforce the race discrimination provisions of theCivil War Amendments in the area of voting.25Two subsequent decisions, moreover, indicate that the Courtwould not apply the strict congruence and proportionalitystandard of the Boerne line of cases where Congress haslegislated to prevent discrimination on the basis of race or toprotect a fundamental right, such as voting. In NevadaDepartment of Human Resources v. Hibbs, the Court affirmed theconstitutionality of the family leave provisions of the Familyand Maternal Leave Act, noting that "state gender discrimination. . . triggers a heightened level of scrutiny,"26 as opposed tothe rational basis level of scrutiny that applies to agediscrimination, as was the case in Garrett. Because of thisdifference, "it was easier for Congress to show a pattern ofstate constitutional violations" in Hibbs. The Court also citedwith approval various decisions of the Court which rejectedchallenges to provisions of the Voting Rights Act "as validexercises of Congress' § 5 power [under the FourteenthAmendment]."27Finally, in Tennessee v. Lane the Court held that Title II28. 541 U.S. 509, 531 (2004).29. Id. at 523.30. 42 U.S.C. §§ 1973a & b.11of the Americans With Disabilities Act, as applied to thefundamental right of access to the courts, "constitutes a validexercise of Congress' § 5 authority to enforce the guarantees ofthe Fourteenth Amendment."28 According to the Court, "theappropriateness of the remedy depends on the gravity of the harmit seeks to prevent."29In sum, none of the recent federalism decisions of the Courtcasts doubt on the constitutionality of Section 5. To the extentthat they discuss legislation enacted by Congress pursuant to theenforcement provisions of the Fourteenth and Fifteenth Amendmentsto redress the problem of racial discrimination in voting, theydo so to affirm its constitutionality.The BailoutIf there are jurisdictions that no longer need to be coveredby Section 5, that is not an argument for allowing the statute tolapse. Instead, such jurisdictions can bailout from coverageunder Section 4(a) of the Act.30 To bailout, a jurisdiction mustessentially show that it has had a clean voting rights recordduring the preceding ten years, and that it has engaged inconstructive efforts to promote full voter participation.31. S.Rep. No. 97-417, 97th Cong., 2d Sess. 60 (1982),reprinted in 1982 U.S.C.C.A.N. 177, 239. Relatively fewjurisdictions have in fact bailed out. Three jurisdictions,however, Fairfax City, Frederick County, and Shenandoah County inVirginia, did so with the consent of the Attorney General,indicating that the process is not difficult or burdensome forjurisdictions with clean voting rights records.32. Boerne, 521 U.S. at 533.12The ability to bailout should, moreover, refute thearguments that Section 5 is not congruent and proportional withinthe meaning of the Boerne line of cases. If a jurisdictionshould not, or need not, be covered by Section 5, the statuteprovides a ready means of escape. Indeed, in enacting a newbailout in 1982, Congress expected that prior to the expirationof Section 2 in 2007 "most jurisdictions, and hopes that all ofthem, will have demonstrated compliance and will have utilizedthe new bailout procedures earlier."31The sunset provision of any extension of Section 5, as wellas its limited geographic application, would further argue forits congruence and proportionality. Boerne, for example, heldthat while legislation implementing the Fourteenth Amendment didnot require "termination dates" or "geographic restrictions . . .limitations of this kind tend to ensure Congress' means areproportionate to ends legitimate."32Blaine County, MontanaA recent challenge to the constitutionality of the Voting33. United States v. Blaine County, Montana, 363 F.3d 897,904-05 (9th Cir. 2004).13Rights Act was made by Blaine County, Montana, in a suit broughtby the United States alleging that the at-large method ofelecting the county commission diluted Indian voting strength inviolation of Section 2. The county contended that Section 2 asapplied in Indian Country was now unconstitutional in light ofthe Boerne line of cases.In rejecting Blaine County's argument, and in affirming thefinding of vote dilution by the district court, the court ofappeals held the Boerne "line of authority strengthens the casefor section 2's constitutionality." It noted that "in theSupreme Court's congruence-and-proportionality opinions, the VRAstands out as the prime example of a congruent and proportionateresponse to well documented violations of the Fourteenth andFifteenth Amendments," that when Boerne "first announced thecongruence-and-proportionality doctrine . . . it twice pointed tothe VRA as the model for appropriate prophylactic legislation,"and, citing Hibbs, Garrett, Morrison, and Florida Prepaid, that"the Court's subsequent congruence-and-proportionality cases havecontinued to rely on the Voting Rights Act as the baseline forcongruent and proportionate legislation."33 The Supreme Court'ssubsequent decision in Lane that the appropriateness of a remedy34. Blaine County, Montana v. United States, 125 S. Ct. 1824(2005). Despite the rejection of the challenge to Section 2 inBlaine County, defendants in Fremont County, Wyoming, have raisedan identical challenge to a Section 2 vote dilution lawsuit broughtby the ACLU on behalf of tribal members on the Wind River IndianReservation. Large v. Fremont County, Wyoming, No. 05-CV-270J (D.Wyo.).14depends on the gravity of the harm it seeks to prevent furthersupports the conclusion of the appellate court. Notably, BlaineCounty filed a petition for a writ of certiorari asking theSupreme Court to review its claim that Section 2 as applied inIndian Country was unconstitutional, but the Court denied thepetition.34Although the decision in Blaine County rejected aconstitutional challenge to Section 2, its logic is applicable tochallenges to Section 5.The Case for ExtensionThe case for extension of Section 5 has been documented inreports filed by various organization and testimony at hearingsconducted by the House and Senate. I won't repeat what iscontained in the report previously filed by the Voting RightsProject of the ACLU, "The Case for Extending and Amending theVoting Rights Act: Voting Rights Litigation, 1982-2006." Iwould, however, like to update it by bringing to the committee'sattention two recent developments in the courts that were not35. Cottier v. City of Martin, ___ F.3d ___, 2006 WL1193028 *7 (C.A. 8 (S.D.)).36. Id. at *1.15covered in the report.On May 5, 2006, the court of appeal for the Eighth Circuitreversed a decision of the district court dismissing a votedilution challenge to elections for the City of Martin, SouthDakota, concluding that "plaintiffs proved by a preponderance ofthe evidence that the white majority usually defeated the Indianpreferredcandidate in Martin aldermanic elections."35 The courtalso noted the history of ongoing intentional discriminationagainst Native Americans in Martin:For more than a decade Martin has beenthe focus of racial tension between Native-Americas and whites. In the mid-1990s,protests were held to end a raciallyoffensive homecoming tradition that depictedNative-Americans in a demeaning,stereotypical fashion. Concurrently, theUnited States Department sued and laterentered into a consent decree with the localbank requiring an end to 'redlining' loanpractices and policies that adverselyaffected Native-Americans, and censuring thebank because it did not employ any Native-Americans. Most recently, resolutionspecialists from the Justice Departmentattempted to mediate an end to claims ofracial discrimination by the local sheriffagainst Native-Americans.36Significantly, Martin is the county seat of Bennett County,located between Shannon and Todd Counties, both of which are37. Bone Shirt v. Hazletine, 200 F. Supp. 2d 1150 (D.S.D. 2002). The decision is discussed in detail in the ACLU'sreport previously filed with this committee. 38. Act No. 477 (H.B. 1654).39. Larry B. Mims, attorney for Randolph County Boardof Education, to Joseph D. Rich, Voting Section, June 28, 2002.16covered by Section 5. The history of purposeful discriminationagainst Indians in South Dakota is set out in detail in therecent opinion of the district court invalidating 2000legislative redistricting as diluting Indian voting strength.37As the decision of the Eighth Circuit in the City of Martin casemakes plain, problems of vote dilution and racial discriminationare ongoing in South Dakota and support the continuation ofSection 5.The second recent case involves Randolph County, Georgia.The general assembly enacted legislation following the 2000census redrawing the five single member districts for theRandolph County Board of Education to comply with one person, onevote.38 The redistricting plan was submitted to the Departmentof Justice for preclearance under Section 5 on June 28, 2002.39In subsequent correspondence with the department, the GeorgiaAttorney General's office submitted a letter from stateRepresentative Gerald Green and state Senator Michael Meyer vonBremen, whose legislative districts include Randolph County, inwhich the legislators affirmatively represented that Henry L.40. Dennis R. Dunn, Deputy Attorney General, to JamesWalsh, Voting Section, August 9, 2002, with attached letter fromGreen and von Bremen.41. Joseph D. Rich, Voting Section, to Governor Roy E.Barnes, et al., September 30, 2002. 42. In Re: Henry L. Cook, Candidate for the Board ofEducation for the County of Randolph (Randolph County, Ga., Oct.28, 2002), para. 14.17Cook, the Chairman of the Randolph County Board of Education andthe incumbent in "old" District Five, remained a resident of"new" District Five.40 Cook is African American, and DistrictFive, both old and new, is majority black. According to theletter from Greene and von Bremen, "[t]he understanding I had andhave to this day is that he [Cook] is in fact in his district."The Department of Justice, based on the representations in thesubmission, precleared the new redistricting plan on September30, 2002.41Registration cards were issued by the county registrarassigning voters to their districts under the new plan. One ofthose to whom a new registration card was issued was Cook, aresident of "old" District Five. Consistent with the county'srepresentations to the Department of Justice, a new registrationcard was issued to Cook on August 1, 2002, listing him as aresident and registered voter in new District Five.42In October 2002, Cook filed a declaration of candidacyseeking reelection to the Board of Education from District 5.43. Id., para. 10. 44. Id., para. 22.45. Jordan v. Cook, 277 Ga. 155, 587 S.E.2d 52 (2003).18Prior to the election, Lee Norris Jordan, an opposing candidatefrom District 5, filed a challenge to the qualifications of Cookclaiming that Cook was not a resident of District Five.A hearing was conducted on the challenge by Judge Gary C.McCorvey, Chief Judge of the Superior Courts of the TiftonJudicial Circuit, siting by designation as Superintendent ofElections of Randolph County. Re. Greene testified at thehearing that he "attempted to make sure that no incumbent waslegislated out of his (the incumbent's) district," and that itwas his understanding that Cook remained a resident of "new"District Five.43 Jordan's challenge to Cook's residence wasrejected on the merits. Judge McCorvey concluded that Cookresided "within the boundaries of such 'new' district five ascontemplated by the Laws and Constitutions of both the State ofGeorgia and the United States of America."44Jordan appealed to the superior court but the appeal wasdismissed on the ground that his delay in filing the appeal untilafter the election rendered the appeal moot. The Supreme Courtin a unanimous opinion affirmed the judgment of the superiorcourt.4546. Jenkins v. Ray, Civ. No. 4:06-CV-43 (CDL) (M.D.Ga.).19Prior to the next election for the Board of Educationscheduled for July 2006, however, the county registrar issued anew registration card to Cook assigning him to District Four,which is majority white. The actions of the registrar inadopting a new redistricting plan for the Board of Education andreassigning previously registered voters--and in this case anincumbent board member--to a new district in derogation of theintent and action of the state legislature, the representationsmade by the county to the Department of Justice, the preclearancedecision of the Department of Justice, the prior decision of thecounty registrar, and the decisions of the state courts, werechanges in voting within the meaning of Section 5, but they werenever submitted for preclearance.Black residents of Randolph County, represented by the ACLU,filed suit in federal court on April 17, 2006, seeking aninjunction against implementation of the new voting changesabsent compliance with Section 5.46 Two days later, on April 19,2006, the Department of Justice sent a "please submit" letter tothe county attorney for Randolph County indicating that thevoting changes at issue were covered by Section 5 but had notbeen precleared. According to the letter, "the effective change47. John Tanner, Voting Section, to Tommy Coleman,attorney for Randolph County, April 19, 2006.20to the precleared redistricting plans through the enforcement ofthe plans' boundaries and the change to Mr. Cook's registrationstatus," must be submitted for preclearance, and that the changesare "legally unenforceable without Section 5 preclearance."47The letter pointed out that "[i]t was the understanding of theAttorney General, based on representations from county officials,that Mr. Cook resided in district 5 under the redistricting planssubmitted for preclearance in 2002."The district court, sitting as a single-judge court, held ahearing on April 21, 2007, and granted plaintiffs' motion for atemporary restraining order directing "that the qualifying periodfor District 5 of the Randolph County Board of Education shallbegin as scheduled on April 24, 2006 and shall remain open untilfurther order of the Court." The case is set for trial before athree-judge court on May 31, 2006.The past and continuing history of intentionaldiscrimination against black voters in Randolph Countyunderscores the need for continuation of Section 5. In 1954,Randolph County registrars challenged the qualifications of 525black voters in the county, approximately 70% of the total numberof black registered voters. Approximately 225 of those48. Thornton v. Martin, 1 R.R.L.Rptr. 213, 215 (M.D.Ga. 1956).49. James P. Turner, Acting Assistant AttorneyGeneral, to Jesse Bowles, III, June 28, 1993.21challenged appeared and were examined, of whom 175 were found bythe registrars to be disqualified from voting. Twenty-two ofthose who were disqualified filed suit in federal court, whichfound the removal of blacks from the voter lists by countyregistration officials "constituted an illegal discriminationagainst them on account of their race and color."48 The courtordered them restored to the voter rolls, and that each plaintiffcollect damages from the registrars in the amount of $40.In 1993, the Department of Justice objected to a proposedredistricting plan for the Randolph County Commission on thegrounds that it unnecessarily fragmented the black population inone of the previously majority black districts. According to theobjection:There appears to be a pattern of raciallypolarized voting and substantially lowerlevels of participation by black votersrelative to white voters in Randolph Countyelections. In this context, the identifiedfragmentation of black populationconcentrations has the effect of limiting theopportunity for black voters to electcandidates of their choice.49In the same letter, the Attorney General also objected to aneducational requirement (diploma or GED) for school board members22on the grounds that it would have a racially discriminatory,regressive effect:where the pronounced disparate impact of theproposed educational requirement appears tohave been well-known, your submission doesnot provide an adequate non-racialjustification for this requirement.The implementation of the changes at issue in the presentlitigation shows that minority voting rights are still injeopardy in Randolph County. The reassignment of a blackincumbent from the majority black district in which he waselected to a majority white district would deprive minorityvoters of the opportunity of voting for a candidate whom they hadpreviously approved, and would undoubtedly deprive those votersof effective representation on the Board of Education.While the Boerne line of cases consistently cited theprovisions of the Voting Rights Act as proper exercises ofcongressional authority to enforce the Fourteenth and FifteenthAmendment, the extensive record compiled by Congress - thehearings, reports, and debates - establishes the continuing needfor Section 5.The Deterrent Effect of Section 5Aside from blocking discriminatory voting changes, Section 5has a strong deterrent effect. A recent example of that involvescongressional redistricting in Georgia carried out by50. HB 499 (2005).23Republicans in 2005 once they gained control of the house,senate, and governor's office. The legislature passedresolutions that any redistricting had to be done in conformitywith Section 5 and avoid retrogression. And the plan that thelegislature adopted in 2005 did exactly that.50The black percentages in the majority black districts (JohnLewis, Cynthia McKinney), as well as the black percentages in themajority white coalition districts that had elected blacks (DavidScott, Sanford Bishop) were kept at almost exactly the samelevels as under the plan that had been passed by the Democrats in2002. I think one can fairly conclude that the legislature wasdetermined that it would not have a Section 5 retrogressiondispute on its hands after it passed the 2005 plan. Thus, evenin the absence of an objection from DOJ, Section 5 obviouslyplayed an important role in the redistricting process.I'm not sure what the state would have done in the absenceof Section 5. In the brief it filed in the Supreme Court inGeorgia v. Ashcroft (2003), involving preclearance of three ofthe state's senate districts, the state argued that theretrogression standard of Section 5 should be abolished, and thatall of the majority black districts in the state could be51. 539 U.S. 461 (2003), Brief of Appellant State ofGeorgia.24abolished under the new standard for preclearance which itproposed.51The state also argued that minorities should never beallowed to participate in the preclearance process. Thus, thevery group for whose protection Section 5 was enacted would haveno say on how a proposed change might impact the minoritycommunity.There is nothing in the history of redistricting in thestate, past or present, to suggest that in the absence of Section5 the party or faction in control would refrain from manipulatingblack voters and diminishing their political power for partisanpurposes. Those who say that Section 5 has outlived itsusefulness ignore, among other things, the undeniable deterrenteffect that the statute has.Section 5's Impact on Court Ordered RemediesSection 5 also continues to have a decided, and beneficial,impact on court ordered remedies. In its opinion in ColletonCounty Council (2003) implementing legislative and congressionalredistricting in South Carolina, the three-judge court held thatit must comply with Sections 2 and 5 of the Voting Rights Act.Accordingly, it rejected plans that had been proposed by the52. Colleton County Council v. McConnell, 201 F.Supp.2d 618,628 (D.S.C. 2002).53. Id. at 659.25governor and the legislature because they were "primarily drivenby policy choices designed to effect their particular partisangoals."52 Those choices included protecting incumbents andassigning the minority population to maximize the parties'respective political opportunities.53 The plan implemented bythe court increased the number of majority black house districtsfrom 25 to 29, maintained the existing nine majority black senatedistricts, and maintained the Sixth Congressional District asmajority black. Notably, none of the parties to the litigationappealed.A three-judge court in Georgia in Larios v. Cox (2004)similarly applied Section 5 in implementing a court orderedlegislative plan following the failure of the state to enact aplan on its own. The court appointed a special master to preparea plan, which initially paired nearly half of all black housemembers (18 of 39), including long term incumbents and chairs ofimportant house committees. The Legislative Black Caucus movedto intervene and filed a brief arguing that the proposed planwould be retrogressive in violation of Section 5, and would alsoviolate the racial fairness standard of Section 2. The three54.Larios v. Cox, 314 F.Supp.2d 1357 (N.D. Ga. 2004).26judge court, in agreement with the objections raised by the BlackCaucus, instructed the special master to redraw the plan toavoid, where possible, the paring of incumbents. The specialmaster did so, and the plan as finally adopted by the court curedthe pairing of minority incumbents, except in an area nearSavannah where the paring was unavoidable.54Both Colleton County Council and Larios v. Cox demonstratethe critical role that Section 5 plays in court orderedredistricting. In the absence of Section 5, the courts in theSouth Carolina and Georgia cases may well have adopted plans thatsubordinated minority voting rights to partisan goals or pairedblack incumbents, thus depriving the black community of many ofits elected officials. The continuing importance of Section 5 isapparent.Continued Racial Bloc VotingOne of the most sobering facts to emerge from the recordcompiled by Congress is the continuing presence of raciallypolarized voting. While much progress has been made in minorityregistration and office holding, the persistence of racial blocvoting shows that race remains dynamic in the political process,particularly in the covered jurisdictions.55. Colleton County Council, 201 F.Supp.2d at 641.27The issue of polarization voting is covered in detail in theACLU's report, but I will mention one judicial finding that isparticularly revealing. A three-judge court in South Carolina in2002 concluded that racially polarized voting:has seen little change in the last decade.Voting in South Carolina continues to beracially polarized to a very high degree, inall regions of the state and in both primaryand general elections. Statewide, blackcitizens generally are a highly politicallycohesive group and whites engage insignificant white bloc-voting.55Judicial findings of this sort underscore the continued needfor Section 5.The Bossier II FixThe House and Senate bills properly provide that a votingpractice adopted with any discriminatory purpose should be deniedpreclearance. Bossier Parish, Louisiana, adopted a redistrictingplan for its 12 member school board in 1992. The parish was 20%black, but all of the districts were majority white, despite thefact that a plan could be drawn containing two majority blackdistricts. No black person had ever been elected to the schoolboard, and it was undisputed that the plan adopted by the parishsplit black communities purposefully to avoid creating a majorityblack district.56. This history is set out in Reno v. Bossier ParishSchool Bd., 528 U.S. 320, 324, 348 (2000) ("Bossier II").57. Reno v. Bossier Parish School Bd., 7 F. Supp. 2d 29,31-2 (D. D.C. 1998).58. In Reno v. Bossier Parish School Bd., 520 U.S. 471(1997), known as "Bossier I," the Court ruled that a votingpractice could not be denied preclearance under Section 5 merelybecause it violated the results standard of Section 2, that aretrogressive effect was required.59. Bossier II, 528 U.S. at 328.28One board member said he favored black representation on theboard, but "a number of other board members opposed the idea."Another board member said "the Board was hostile to the creationof a majority-black district." In objecting to the plan, theAttorney General concluded she was "not free to adopt a plan thatunnecessarily limits the opportunity for minority voters to electtheir candidates of choice."56The District of Columbia court, however, precleared theparish's plan. It held the 1992 plan was no worse than thepreexisting plan, in that neither contained any majority blackdistricts, and thus there was no "retrogressive intent."57 TheSupreme Court affirmed in a decision known as Bossier II.58 Itheld "in light of our longstanding interpretation of the 'effect'prong of § 5 in its application to vote dilution claims, thelanguage of § 5 leads to the conclusion that the 'purpose' prongof § 5 covers only retrogressive dilution."59 Thus, anadmittedly discriminatory plan that was the product of60. Id. at 366.61. Busbee v. Smith, 549 F. Supp. 494, 501 (D. D.C. 1982).29intentional discrimination and had an undeniable discriminatoryeffect, was nonetheless granted preclearance under Section 5.The dissenters (Justices Souter, Stevens, Ginsburg andBreyer) concluded that:the full legislative history shows beyond any doubtjust what the unqualified text of § 5 provides. Thestatute contains no reservation in favor of customaryabridgment grown familiar after years of relentlessdiscrimination, and the preclearance requirement wasnot enacted to authorize covered jurisdictions to pourold poison into new bottles.60Had the Bossier II standard been in effect in 1982, theDistrict of Columbia court would have been required to preclearGeorgia's congressional redistricting plan, which was found bythe court to be the product of purposeful discrimination. Inthat instance, the state had increased the black population inthe Fifth District over the benchmark plan, but kept it as adistrict with a majority of white registered voters. Theremaining nine congressional districts were all solidly majoritywhite. As Joe Mack Wilson, the chief architect of redistrictingin the house told his colleagues on numerous occasions, "I don'twant to draw nigger districts."61 He explained to one fellowhouse member, "I'm not going to draw a honky Republican district62. Id., Deposition of Bettye Lowe, p. 36.63. 539 U.S. 461 (2003).64. Id. at 490.30and I'm not going to draw a nigger district if I can help it."62Since the redrawn Fifth District did not make black votersworse off than they had been under the preexisting plan, and eventhough it was the product of intentional discrimination, thepurpose was not technically retrogressive and so, under BossierII, the plan would have been unobjectionable. Such a resultwould be a parody of what the Voting Rights Act stands for. TheHouse and Senate bills provide a necessary remedy for the BossierII decision.The Georgia v. Ashcroft FixThe House and Senate bills properly provide that votingpractices that diminish the ability of minority voters to electtheir preferred candidates of choice should be deniedpreclearance. In Georgia v. Ashcroft,63 the Supreme Courtvacated the decision of a three-judge court denying preclearanceto three state senate districts contained in Georgia's 2000redistricting plan because, in its view, the district court "didnot engage in the correct retrogression analysis because itfocused too heavily on the ability of the minority group to electa candidate of its choice in the majority-minority districts."6465. Georgia v. Ashcroft, 195 F. Supp. 2d 25, 89 (D. D.C.2002).66. Id., 539 U.S. at 480, 484, 486.67. Id. at 482-83.31Although blacks were a majority of the voting age population inall three districts, the district court held the state failed tocarry its burden of proof that the reductions in black voting agepopulation from the benchmark plan would not "decrease minorityvoters' opportunities to elect candidates of choice."65 TheSupreme Court held that while this factor "is an important one inthe § 5 retrogression inquiry," and "remains an integral featurein any § 5 analysis," it "cannot be dispositive or exclusive."66The Court held other factors, which in its view the three-judgecourt should have considered, included: "whether a new plan addsor subtracts 'influence districts'--where minority voters may notbe able to elect a candidate of choice but can play asubstantial, if not decisive, role in the electoral process;" andwhether a plan achieves "greater overall representation of aminority group by increasing the number of representativessympathetic to the interest of minority voters."67The Supreme Court opined that "Georgia likely met its burdenof showing nonretrogression," but concluded: "We leave it for theDistrict Court to determine whether Georgia has indeed met its68. Id. at 487, 489.69. Larios v. Cox, 300 F. Supp. 2d 1320 (N.D. Ga. 2004),aff'd 124 S. Ct. 2806 (2004).70. Larios v. Cox, 314 F. Supp. 2d 1357 (N.D. Ga. 2004).71. Id. at 494.72. Id. at 495.32burden of proof."68 But before the district court couldreconsider and decide the case on remand, a local three-judgecourt invalidated the senate plan on one person, one votegrounds,69 and implemented a court ordered plan.70 As aconsequence, the preclearance of the three senate districts atissue in Georgia v. Ashcroft was rendered moot.The dissent in Georgia v. Ashcroft (Justices Souter,Stevens, Ginsburg and Breyer) argued Section 5 had always meant"that changes must not leave minority voters with less chance tobe effective in electing preferred candidates than they werebefore the change."71 The dissenters also argued that themajority's "new understanding" of Section 5 failed "to identifyor measure the degree of influence necessary to avoid theretrogression the Court nominally retains as the § 5touchstone."72The majority opinion introduced new, difficult to apply, andcontradictory standards. According to the Court, the ability toelect is "important" and "integral," but a court must now alsoconsider the ability to "influence" and elect "sympathetic"73. The court's findings are at RWTAAAC v. McWherter, 836F. Supp. 447, 457, 459, 460-61, 463, 466 (W.D. Tenn. 1993). Thecourt's subsequent refusal to order a remedial plan is at RWTAAACv. McWherter, 877 F. Supp. 1096 (W.D. Tenn. 1995). Thelitigation is also discussed in detail in the ACLU's report.33representatives. The Court took a standard that focused on theability to elect candidates of choice, that was understood andapplied, and turned it into something subjective, abstract, andimpressionistic. The danger of the Court's opinion is that itmay allow states to turn black and other minority voters intosecond class voters, who can "influence" the election of whitecandidates but cannot elect candidates of their choice or oftheir own race. That is a result Section 5 was enacted expresslyto avoid.Georgia v. Ashcroft was decided in 2003, after most of theredistricting following the 2000 census had been completed, butat least one case decided prior to Ashcroft applied an"influence" theory to the serious detriment of minority voters.In 1993, a three-judge court made extensive findings of past andcontinuing discrimination and extreme racial bloc voting in RuralWest Tennessee, but refused to require a majority black senatedistrict in that part of the state because of the existence ofthree "influence" districts in which blacks were 31% to 33% ofthe voting age population.7374. Id., 887 F. Supp. 1096, 1106 (W.D.Tenn. 1995).34The court acknowledged that as a factual matter blacks didnot have the equal opportunity to elect candidates of theirchoice under the existing senate plan, but it was also of theview that white elected officials were often responsive to theneeds of blacks and that "adding an additional majority-minoritydistrict in western Tennessee would actually reduce the influenceof black voters in the Tennessee Senate." It found "mostprobative" for this proposition the testimony of a white senator,Stephen Cohen, from west Tennessee concerning passage of a billto make the birthday of Martin Luther King, Jr. a state holiday.According to Senator Cohen, the bill passed the state senateby only one vote (17 to 16), with Senator Cohen and another whitesenator from west Tennessee voting with the majority. SenatorCohen concluded, and the district court found, that the creationof an additional black senate district would cause the electionof "at least one more conservative white senator" who "would havebeen inclined to vote against the Martin Luther King holiday"ensuring that the measure would not have passed.74 SenatorCohen and the court, however, were mistaken.According to the Senate Journal, only eight senators votedagainst the Martin Luther King, Jr. bill, with 18 "Ayes" and six75. Tennessee Senate Journal, May 24, 1984, p. 2831.76. 509 U.S. 630 (1993).77. See, e.g., Johnson v. Miller, 515 U.S. 900 (1995). Farfrom being segregated, as the white plaintiffs maintained, thechallenged districts were among the most integrated districts inthe nation.35"Present, not voting."75 The bill would have passed withoutSenator Cohen's vote. What the court's "influence" theory infact accomplished was to deprive African American voters in RuralWest Tennessee of the opportunity to elect a candidate of theirchoice to the state senate.The inherent fallacy of the notion that influence can be asubstitute for the ability to elect is apparent from the Shaw v.Reno76 line of cases, which were brought by whites who wereredistricted into majority black districts. Rather than relishthe fact that they could "play a substantial, if not decisive,role in the electoral process," and perhaps could achieve"greater overall representation . . . by increasing the number ofrepresentatives sympathetic to the[ir] interest," white votersargued that placing them in "influence" districts, i.e., majorityblack districts, was unconstitutional, and the Supreme Courtagreed.77 In addition, if "influence" were all that it is saidto be, whites would be clamoring to be a minority in as manydistricts as possible. Most white voters would reject such asuggestion out of hand.78. Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886).36ConclusionThe Supreme Court has called the right to vote "afundamental political right, because preservative of allrights."78 The House and Senate bills will help ensure that thefundamental right to vote remains a reality.


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Harbour Point 5Pc Octagon Dining Set With Metal Oval Chair
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3 members of Tecumseh family killed in crash
Crash happened in central Wisconsin
UPDATED 11:56 AM CST Feb 15, 2013
Three people killed in a central Wisconsin car crash are identified as members of a family from Oklahoma.
A fourth family member survived Thursday's crash and is hospitalized in Wausau.
The Wisconsin State Patrol says Roy and Jenny Kato, both 34, and their 13-year-old son, Joshua, were killed when their vehicle slid into the path of another vehicle in Marathon County. The Katos' 5-year-old daughter, Brook, suffered non-life-threatening injuries. She was taken to Aspirus Wausau Hospital.
The State Patrol says the family was from Tecumseh, Okla.
Copyright 2013 by The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Switzerland Packages Available March, April
Even though the skiing/riding opportunities in Switzerland are drawing to a close, there are still lots of March and April deals to enjoy. Here are a few.
Wisconsin's Ski Resorts Catch Spring Spirit With Events, Deals
March Is Party Time In Michigan's Boyne Country
March's longer, warmer days bring out the fun side of Boyne Mountain and Boyne Highlands. It gets a little "krazy" this time of year in Michigan's Boyne Country.
Where Will You Find Powder Days This Week, Weekend?
Heavy snow with high snow levels for the northern Rockies.
VacationRoost Acquires LeisureLink; Substantial Expansion
New Zealand Resorts Ready For New Season; Remarkables Spends $45 Million
The Remarkables in Queenstown, New Zealand is undergoing a $45 million new development with the addition of a six-seat, high-speed detachable lift, increased snowmaking capacity, expansion of the learners area, new trail development, resealing part of the ski area road, and the realignment and expansion of its car parking.
PCSkiGal: Where Should My Family Stay?
My family and I will be coming to Park City in a couple of weeks. Any tips on where to stay? I have three kids so need a two- bedroom that we can walk to the slopes from. My kids are 10,9,4 years and are starting out. The older boys have skied but will need lessons and I will take them out in the afternoons. My daughter (4 years) will be on skis for the first time. I need black slopes with moguls ideally. Where should we stay and ski. Perhaps Canyons; my wife would like Deer Valley. I was thinking PCMR. Any thoughts? Thanks. Ajit
Loveland Wants Skiers, Riders To Extend Their Day Trip Overnight; Lodging Close By
Day skiers and snowboarders who make the commute to Loveland Ski Area can find stay-and-ski deals that gives them a reason to linger longer in the mountains.
County Commissioner Says Otten Plan Calls For Quadrupling Balsams Skiing
The other piece of the Grand Balsams Resort resurrection that leaked out last month (see SnoCountry.com story) may have fallen generally into place this week. The developers appear to be planning to quadruple the size of the Balsams Wilderness Ski Area, perhaps to the scope of Vermont's Killington, the perennial "beast of the east."


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Fresh and silky, with pretty pineapple and grapefruit notes that echo nicely. Drink now. 4,469 cases made. —Harvey Steiman
Blackberry and plum flavors show hints of savory details, with tobacco, cinnamon and cigar box notes. Nicely structured, the tannins here are dense but never get in the way of the wine. Drink now through 2020. 3,352 cases made. —MaryAnn Worobiec
Rich fruit flavors of blackberry and cassis are deepened with toast and espresso in this powerful modern red. The texture is generous yet still fresh, with firm tannins and crisp acidity. Polished. Drink now through 2015. 4,100 cases made. —Thomas Matthews
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- Home
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at College - Events Calendar
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ACRY - Orthodox
Links - ACROD.org
Welcome to ACROD Youth Tube, videos for and by the youth of the American Carpatho-Russian Orthodox Diocese of the USA. We welcome you to submit videos showing You in action in the Church: serving, singing, doing service projects, at Camp Nazareth, Pilgrimages or at JR ACRY events.
You may also embed a particular video on your personal or parish website or on Facebook. At the end of each clip the embedding code will be indicated on the video screen. Click on the copy button and insert the code in the appropriate place on your website or facebook page.
Epistle Reading: 1 Peter 4:12-5:5
Gospel Reading: Mark 12:38-44
Synaxis of the 70 Holy Apostles; Our Righteous Father Theoctistus, Abbot of Cucomo in Sicily; Forefeast of the Theophany of Our Lord and Saviour Jesus Christ; Zosimos the Monk and Athanasios the Notary; Righteous Apollinaria the Senator; Martyrs Chrysanthos and Euphemia; Righteous Euthymios the Younger; New Martyr Onuphrios; Righteous Euthymios of Vatopedi; Righteous John Scholarios


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Darton State College
Alumni Spotlight
Wes Sadler
Wes Sadler, class of '92, is currently the president of the Darton State College Alumni Association, but this isn't his first time serving in a leadership role at Darton. While he attended school, he first served as the vice-president and then as the president of Student Government. Wes feels that it's important to give back to Darton, because of the appreciation he has for the contributions that Darton made in his life.
As the president of the Alumni Association he wants other alumni to know that their relationship with Darton shouldn't end when their classes end. "As a scholarship recipient, I'm excited to partner with the alumni association through membership. The alumni association can help Darton grow and strengthen the ties between the college, alumni and the community," said Sadler.
Over the years Wes has also been involved in many other areas of the community serving on the King Day Celebration committee and the American Cancer Society Relay for Life committee. Currently he is a member of The Exchange Club of Albany. Wes earned his bachelor's degree in accounting from Georgia Southwestern and is a partner at Sadler Retirement, where he works as a certified financial planner. He and his wife, Izzie, are tennis enthusiasts and proud parents to their three children, Savannah, Joel and Logan.
Back to the Alumni Spotlight Archive
Content Contact: Lisa Malinowski (web representative)
The Darton State College web site is maintained by the Technology Services Division.


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SKU: 344689 Weight: 0.08
In stock
List Price:$9.20 Your Price:$4.43 You Save: $4.77 (52%) International customers, please view our shipping page for information on additional shipping fees. CLICK HERE
RANGER-For precise and mess-free applications of dye or pigment inks; paint; alcohol inks and other craft mediums. Ergonomic solid wood handle and blending foam create a smooth transition when applying mediums to papers; tags; chipboard; die-cuts; canvas and more. Foam can be replaced easily with EZ-change hook and loop fasteners. Made in USA.


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Our Destination Experts have stayed in our rentals and will help you book the perfect vacation.
Receive your 4th night free for travel between now and 3/28/14. Promotion is blacked out 2/13/14 - 2/16/14 and 3/8/14 - 3/21/14.
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The Vintage on the Strand is a thoughtfully planned offering of elegant townhomes in an exceptional ski-in, ski-out location where you can enjoy the pleasures of home, blended with the excitement of living in a mountain wonderland. From your home on The Strand, children can snap on their skis and glide to the gondola in just a few turns. Friends can gather to shop, dine and celebrate in the ski resort village just a few steps away. And the culture, excitement and activities of historic Main Street Park City are just minutes away by car or shuttle. Designed by a team of Utah's finest craftsmen, The Vintage on the Strand is a timeless retreat. Alpine European architecture with rustic stone weathered appointments and rough-sawn timbers compliment the natural surroundings. Gentle lighting and carefully chosen color schemes intensify the beauty of the outdoors. All units feature custom finish work, Wolfe appliances, specially made cabinets, granite countertops in the gourmet kitchen, with gas fireplaces and magnificent views of the valley and surrounding mountains and slopes.
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USA Boxing
Boxing Reinstated Letter from Dr Charles Butler
Elite Men
Elite Women
USA Boxing Rankings
USA Boxing Scholarship Application
Athlete Registration
For Athletes
For Officials
Insurance Forms
Non Athlete Registration
Paper Registration
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Elite Men World Championships
Hawaii Event Calendar
2014 National Event Results
2014 International Event Results
2013 National Event Results
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1 USA Boxing Bylaws
2 Technical Rules
2 Competition Rules
3 Medical Handbook
4 Forms and Documents
Rules Clarifications
Board of Directors
BOD Meeting Minutes
History of Amateur Boxing
Mission Statement
National Office Staff
USA Boxing Bylaws
USA Boxing Financials
USA Boxing Foundation
USA Boxing Jobs
Dear Friends in Boxing,
I have just spoken with Mr. Ho Kim, Executive Director of AIBA. Mr. Kim has communicated with Dr. CK Wu over USA Boxing's letter, sent by me earlier today, on the sanctions imposed against USA Boxing by AIBA yesterday.
Mr. Kim stated that both he and Dr. Wu are fully supportive of the athletes, coaches, and membership of USA Boxing, and we are pleased to report that all boxing activity, at all levels, is free to proceed. We have also received confirmation from our insurance carrier that USA Boxing's coverage remains in effect.
Notwithstanding Dr. Wu's and Mr. Kim's support of USA Boxing and its membership, AIBA and the USOC remain extremely concerned about USA Boxing's governance. The USA Boxing Board of Directors has previously agreed, in principle, to a governance restructure. As your president, I am fully committed to addressing our governance issues. Dr. Wu and Mr. Kim have asked me to express their high regard for the membership of USA Boxing, and they also request the support of all members in the reorganization process that will make us a model for the world. Now is the time for all members to rally and support organizational change for the betterment of Olympic style boxing.
It is obvious that the reputation of our members and the good they have done through the years is what will see USA Boxing through. You have given your time to our athletes without prejudice. You have aided all who come through our doors. Boxing is good to go!!!
Yours in boxing,


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This is a bit of bad PR: Macrumors reports that Australian police have warned iPhone owners in that country not to rely upon Apple Maps due to "safety concerns." According to a local police statement:
Mildura Police are urging motorists to be careful when relying on the mapping system on the Apple i-phones operating on the iOS 6 system after a number of motorists were directed off the beaten track in recent weeks.Local Police have been called to assist distressed motorists who have become stranded within the Murray-Sunset National Park after following directions on their Apple i-phone.
Tests on the mapping system by police confirm the mapping systems lists Mildura in the middle of the Murray Sunset National Park, approximately 70km away from the actual location of Mildura.
No doubt this will be promptly corrected but it's another embarrassing Apple Maps moment after the controversy had substantially died down. Anecdotal reports suggest that Apple Maps are improving and that the company has been working consistently to correct and improve the underlying maps data.
Apple CEO Tim Cook recently removed top software boss Scott Forstall and then his replacement Eddie Cue fired Richard Williamson who had managed the mapping team specifically.
A native iOS Google Maps app is anticipated although we don't have a clear sense of the submission and potential approval timing. It has been speculated that Apple might try and block a Google Maps app. However that's extremely unlikely.
Related Topics: Apple: Maps | Channel: Mobile | Google: Maps & Local | Google: Mobile | Top News


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Latest Stories
Portal Board Game Coming Later This Year
CommentsMarch 6, 2014
The 14 Most Adorable Characters In Gaming
CommentsMarch 4, 2014
Samuel Claiborn's 400 Favorite Games of All Time
CommentsFebruary 13, 2014
Justin Davis's Favorite Games of All Time
CommentsFebruary 10, 2014
Most Cinematic Moments in Games
CommentsOctober 2, 2013
Why PC Gaming is Surging
CommentsSeptember 4, 2013
How the Half-Life and Portal Movies Could Work
CommentsFebruary 6, 2013
That Actually is GLaDOS in The Pacific Rim Trailer
CommentsDecember 17, 2012
Borderlands 2, Modern Warfare 3 Among 2012's Most-Played Games
CommentsDecember 13, 2012
Portal 2 as '80s-Style Animated Movie
CommentsSeptember 19, 2012
About This Game
- Summary
- Game Editions
The highly anticipated sequel to 2007's Game of the Year, Portal 2 is a hilariously mind-bending adventure that challenges you to use wits over weaponry in a funhouse of diabolical science.
Using a highly experimental portal device, you'll once again face off against a lethally inventive, power-mad A.I. named GLaDOS. And this time you won't be alone. Meet an expanded cast of characters as you think your way through dangerous, never-before-seen areas of Aperture Laboratories.
Break the laws of spatial physics in ways you never thought possible, with a wider variety of portal puzzles and an expansive story that spans a single player and co-operative game mode.


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The Leather Side Chair - Two Pack has a simple, attractive appearance that looks great in a variety of settings. This side chair set includes two chairs upholstered in comfortable leather.
Add comfortable and stylish seating to your home with the Leather Side Chair - Two Pack! These upholstered side chairs will look great throughout your home!


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'My 2 month old daugther is taken by Clip-Clop (not Mimsy) and loves to bat at it.'
Madde - Silchester
Why not keep your baby amused on the road with a car seat toy? Just clip on and enjoy a peaceful journey! Browse our range including Lamaze, Buzzing Brains and Tiny Love toys
©Kiddicare 2014


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The Daily Buzz: Sundance Episode 1
The Daily Buzz kicked off today as the Sundance Film Festival launched its 30th year. Todd Miller dropped by to chat about his opening night doc Dinosaur 13 and Brian Knappenberger discussed The Internet's Own Boy: The Story of Aaron Swartz.
Robert Redford Touts Sundance and Addresses Oscar Snub
Robert Redford reacts to not receiving an Oscar nomination as the Sundance Film Festival opened Thursday. Acknowledging awards and distribution are a business, the actor/director/producer said he was grateful to return to his acting roots, while also touting the three decades of the festival he founded.
Saul Bass Directs: Looking at the Individual Works of an Artist
Well known for his title sequences and posters for other directors' movies, the film work of the legendary Saul Bass is screening this week as part of the 23rd New York Jewish Film Festival. We delve in to some of the notable highlights.
Film Society's Daily Buzz Returns to Sundance
Film Society's Daily Buzz is back on the air in Park CIty. For the fourth year, the FIlm Society of Lincoln Center is presenting a daily radio show from the Sundance Film Festival.
86th Oscars: The Full List of Nominees
This morning in Los Angeles, the Academy of Moving Picture Arts and Sciences announced the nomination of the 86th Oscars. Films competing for Best Picture include NYFF51 opener 'Captain Phillips' as well as 'Nebraska,' '12 Years A Slave' and the festival's Closing Night feature 'Her.'
Berlinale Rounds Out Competition Lineup
The Competition program of the 64th Berlin International Film Festival, taking place February 6 - 16, is now complete with notable additions including Richard Linklater's Boyhood, Claudia Llosa's Aloft, and Christophe Gans's Beauty and the Beast.
Eytan Fox Talks Music and Nostalgia in NYJFF Film "Cupcakes"
Eytan Fox is one of Israel's most celebrated working filmmakers. He spoke with FilmLinc Daily about his latest film, the light-hearted comedy Cupcakes, which is debuting at the New York Jewish Film Festival.
First Seven Titles Set for 43rd New Directors/New Films
The first batch of titles has been announced for the 43rd New Directors/New Films festival, taking place March 19 - 30 and co-presented by Film Society and the Museum of Modern Art.
Film Comment's Essential Cinema: "Gravity"
Fresh off a Golden Globe win for Best Director, Alfonso Cuarón's Gravity gets the Film Comment treatment as part of their Essential Cinema series. The film, co-written by Jonás Cuarón and starring George Clooney and Sandra Bullock, is still in theaters.
Directors Guild Nominates 5 for Directorial Achievement in Documentary
The Directors Guild of America revealed five nominees for the DGA Award for Outstanding Directorial Achievement in Documentaries for 2013.


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butler0320 said...
I have a salt and pepper miniature schnauzer and she may be the smartest dog I've ever had.. She acts a little crazy when she's alone and chews on everything but she's still my buddy.. My family had to put down their 15 year old chocolate lab... It sucks to lose a friend of that many years.
Just another lemon into lemonade job. - Switchfoot
- 5 stars Rating: 97
784 votes total - Walk-on
- (535)
- 18 months
- 5 stars
Kevdharr34 said...
So sorry to hear about the loss of your dog. I'm a man and I am not the least bit ashamed to admit that I cried like a baby when I lost my dog, Sable. I got her for my 10th birthday in 1999, and she died on my 21st birthday in 2010. She was my best friend in the world and losing her was like losing a family member. It was something that I didn't get over for a very long time. I know how difficult this can be. My thoughts and prayers are with you during this difficult time.
The photo below was taken of my dog, Sable, on her last Christmas--just about 2 and a half months before she died. She was one of a kind!
Just another lemon into lemonade job. - Switchfoot
Gerry Hamilton
- 5 stars Rating: 97
22454 votes total - (32207)
- 43 months
- 5 stars
- This post is for members of GoVols247 or All Access VIP members only. 7-Day Free Trial
- 5 stars Rating: 100
70 votes total - Blue chipper
- (115)
- 39 months
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VFLGBO82 said...
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Not Your Ordinary Shoah Article: How Creative Writing Strengthened My Connection to the Holocaust
By Alicia Cohen
Last fall I was faced with the enormous task of writing a play. The one thing that I was sure of was that I wanted my play to be centered around Judaism. While I was searching for exactly what to write about, I realized that if I wrote a contemporary piece I would end up writing about myself and experiences that I have had, which was not at all what I wanted. My next thought was to set my play during the Shoah and to use the stories that I have read and heard – the ones that have stuck with me for years – to color my characters' own stories. The process of writing did not come easily for me, but I feel that some of that difficulty was the pain I experienced each time I dove into the writing, especially with the central characters of Rivka and Leah. I don't know that there is any way to write other than to "become one" with the character – to have the same thought process, experience, feelings and history as the character. I found that, with the help of my imagination, I was able to jump into the minds of Rivka and Leah. As beautiful as this process was, and continues to be, I found it difficult to be excited to go into that place of fear, wonder and hiding. In the play, currently titled "Open," Leah grabs Rivka as they are being unloaded from a cattle car and into a concentration camp. In the confusion, the two are able to escape from the camp and the play follows them as they struggle to hide, survive, and co-exist in the fields of Western Germany. The characters Rivka and Leah are entirely fictional. I based elements of each girl on ideas that I find contradictory within myself and created a story – their story – based on so many others that I have read and heard. The character Kokomo, however – another person in the play– is not quite as fictional. We hear the stories of survivors of the Shoah, and think of them all as those who were citizens of Europe and had their homes and lives devastated, but these are not our only survivors. In addition to these millions there are the Jewish soldiers from other countries, including America, who fought the war. My grandfather is one of these survivors. During WWII, Zaidi was part of the US Army and was captured by German soldiers. Miraculously, his captors never found out that he was Jewish. During the time that Zaidi spent as a prisoner, he was held in a WWI Cavalry stable turned prison hospital and, because he was a medic, was forced to act as a surgeon for the other prisoners. Zaidi also found himself as part of the French and German undergrounds – periodically he would be taken in the middle of the night to a farmhouse across a field from the prison hospital where he would listen to the radio and take messages back with him. As I have heard more of Zaidi's story, I have learned about Pol and Zaig, a French couple that he met while crossing the fields. I saw a similarity between Pol and Zaig, and the characters Rivka and Leah living in their fields. I chose the name Kokomo for the American soldier, because that was the code name that Zaidi was given for the underground, and I brought my fictitious Kokomo into the lives of Rivka and Leah. In the process of writing Open I found a different way to look at the Shoah. Rather then reading books, or watching documentaries, or listening to survivors share their stories, I was able to live the story of Rivka, Leah, and Kokomo for myself. I never set out to be incredibly historically accurate – simply to find a way that I could create a story to share with others. For as long as I can remember I have been fascinated by stories of the Shoah. As I have reread some of these books over the past several months, I have found different ways that they affect me at this stage in my journey. I believe that these books and stories not only enabled me to write this play, but were also the reason that I wrote it. I was able to understand on a much more personal level what so many of our people suffered through because I was able to put myself in their position, if only for a brief moment inside my head. I have always felt that I had a strong connection to the Shoah; now I feel that this connection has been strengthened and enhanced in a way that few will ever experience – my hope is that I can go on and share this with others. [Posted 3/27/03] |


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Live Reviews
50th Monterey Jazz Festival Sets Record
" To mark its 50 years, the festival brought back a handful of the players who were here for the first one in 1958: Sonny Rollins, Ernestine Anderson, Jim Hall, and Dave Brubeck. "
Monterey Fairgrounds
Monterey, California
September 21-23, 2007
A new record was set for the 50th Monterey Jazz Festival with 45,000 tickets sold for the three days, September 21 to 23. All this in spite of rain which came midway Friday evening.
The brief showers didn't dampen spirits. Those wanting shelter came into one the several inside venues, including the large Jazz Theater where the concert was televised for those that who don't have tickets for the outside Jimmy Lyons Stage. On the stellar program were stars who were veterans of the first- ever festival in 1958. In fact, some had appeared many times over the course of the five decades, but there were outstanding newcomers as well.
Altogether, it was a rich banquet for fans, conducive to gorging with so many acts appearing in the six locations scattered throughout the fairgrounds. A visitor was likely to be faced with some tough choices. For example, who do you see when the groups of Terrence Blanchard and Dave Holland and Cyrus Chestnut are all playing at 8 p.m. Saturday? Fortunately, most performers, besides appearing on the large Jimmy Lyons Stage, also played at one of the smaller inside halls during the three days.
Special anniversary programs on the program included legendary Gerald Wilson's commissioned piece, Monterey Moods, on Saturday night. Wilson has also written special pieces for the 20th and 40th anniversaries. Another major orchestral composition on the program was Terrence Blanchard's recently completed, touching and powerful A Tale of God's Will (Requiem for Katrina), with the trumpeter's quintet backed by a chamber orchestra.
To mark its 50 years, the festival brought back a handful of the players who were here for the first one in 1958: Sonny Rollins, Ernestine Anderson, Jim Hall, and Dave Brubeckalong with Ornette Coleman, who appeared in 1959. Now all in their mid- seventies and eighties, the returnees showed that they have retained their drive and skill after five decades. All turned in impressive sets.
Of particular interest was Coleman's performance. More than 50 years after introducing his controversial free-form type of jazz to the world, he received a Pulitzer this year, marking the official recognition of his innovations. A few in the audience walked out Saturday afternoon, apparently still finding his unique sound hard to take. But most stayed and gave him a rousing ovation at the finish. His current group is made up of three bassists (two upright and an electric) along with a drummer, his son Denardo. The basses formed a solid foundation on which he built his creative improvisations.
Honoree Rollins' rousing set with his sextet closed the festival with one of his inevitable calypso-based tunes that had the audience up, dancing and shouting. Ernestine Anderson, on the occasion of her return after 50 years, had to sit while singing. Still, she showed that she had her blues chops, drawing a lot of approving "yeahs from fans. Also on the final evening Dave Brubeck's quartet teamed up with Jim Hall for a thoroughly satisfying set. What the two legends may have lacked in the bravado of years past, they more than made up for in taste and finesse. Again, the capacity crowd cheered long and hard.
Another nod to the beginning was the appearance of comedian Mort Sahl, the emcee for the first event. In the 1950s Sahl had established his hip reputation as opening act for numerous jazz bills, particularly Brubeck and Kenton, while making close friends with many West Coast musicians. On Saturday afternoon, he held forth at a question-and-answer session, recounting the old days with hilarious anecdotes about his jazz friendslike the one about Paul Desmond leaving his sax in the trunk of Mort's car, its owner oblivious to its presence while driving from L.A. to Santa Barbara. The audience cracked up listening to Sahl recounting Paul's furtive efforts to get it back in time for that night's gig.
A popular feature of all the festivals has been the blues Saturday afternoon. This year patrons wiped the rain off their seats surrounding the outside stage while joyously welcoming the Honeydripper All Stars, singer James Hunter and the Otis Taylor Band.
Sunday afternoon traditionally is dedicated to young musicians, with award-winning student bands performing on the Lyons Stage and throughout the grounds. In fact, the festival is committed to awarding student scholarships from festival proceeds, and a great many listeners look forward to hearing the young talent competing for the awards. This year's MJF artist-in-residence Terrence Blanchard oversaw the concerts and played with winning bands.


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ZOTAC Launches New Mainstream GeForce� GT 240 Series
New ZOTAC GeForce� GT 240 series delivers outstanding performance and features to mainstream users
HONG KONG - Nov. 17, 2009 - ZOTAC International, a leading manufacturer of motherboards and graphics cards today unleashes a new range of mainstream graphics cards- the new ZOTAC GeForce� GT 240 series graphics cards. The new ZOTAC GeForce� GT 240 series graphics cards deliver stunning visuals, screaming-fast performance and new technologies for a superior computing experience.
Starting with a new high-performance NVIDIA� GeForce� GT 240 graphics processor with 96 CUDA� processors, ZOTAC GeForce� GT 240 series graphics cards pack a ton of performance under the heatsink for blazing-fast performance and beautiful visuals with immersive stereoscopic 3D in the latest DirectX� 10.1, OpenGL 3.2 and NVIDIA� PhysX�-enabled games and applications.
"Stereoscopic 3D experience is the next big thing in PC gaming that will transform the way gamers are immersed in games, which is why we're including a set of 3D Vision� Discover glasses in all ZOTAC GeForce� GT 240 series graphics cards," said Carsten Berger, marketing director, ZOTAC International.
A new 40nm manufacturing process enables the ZOTAC GeForce� GT 240 series to deliver top-notch performance while using minimal amounts of power and generating little heat for a superior performance-per-watt graphics experience. Less power consumption and heat output enables the ZOTAC GeForce� GT 240 series graphics cards to big performance into a single-slot graphics card with a low-noise fan for compatibility with systems and cases of all sizes without external power need.
"As users become more conscious about the environment and demand eco-friendly systems and components, ZOTAC is here to deliver the new GeForce� GT 240 series based on a new 40nm manufacturing process that delivers greater efficiency and performance than previous generations," said Mr. Berger.
New HDMI 1.3a with xvYCC and Deep Color technology transforms the ZOTAC GeForce� GT 240 series into the ideal home theater PC graphics card with rich colors, unprecedented details and vivid visuals. NVIDIA� PureVideo� HD technology transfers Blu-ray high-definition VC-1 and H.264 video decoding to the ZOTAC GeForce� GT 240 series graphics processor to free up the system processor for more mundane tasks.
Digital 8-channel uncompressed PCM audio output provides the ZOTAC GeForce� GT 240 series graphics cards with superior audio capabilities for greater enjoyment of Blu-ray high-definition movies. With the proper playback software, the ZOTAC GeForce� GT 240 series graphics cards are able to output Dolby� Digital TrueHD and DTS-HD� Master Audio sound tracks from Blu-ray movies for the ultimate home theater experience.
"With more users migrating to Microsoft� Windows� 7 with its native media friendly Windows� Media Center application, computers are becoming the central hub for digital media playback. When paired with the new ZOTAC GeForce� GT 240 series graphics cards, users can have superb gaming performance, stunning Blu-ray playback and GPU-accelerated video conversion, video processing and image editing capabilities into a single graphics card," Mr. Berger added.
The new ZOTAC GeForce� GT 240 series consists of 5 new graphics cards suited for all computing needs. At the top of the ZOTAC GeForce� GT 240 series is the highly tuned ZOTAC GeForce� GT 240 AMP! � Edition with 512MB of GDDR5 memory, followed by standard ZOTAC GeForce� GT 240 models available with 1GB or 512MB of DDR3 or GDDR5 memory technology.
Silent computing users can opt for the completely silent ZOTAC GeForce� GT 240 ZONE� Edition with 1GB of DDR3 memory. The ZOTAC GeForce� GT 240 ZONE� Edition features a passive dual-slot heat sink for noise-less operation.
It's time to play in 3D with the new ZOTAC GeForce� GT 240 series graphics cards with included 3D Vision� Discover glasses.
About ZOTAC International (MCO) Limited
ZOTAC International is a part of PC Partner Ltd. Group. ZOTAC is also one of the largest NVIDIA graphics cards and motherboard manufacturer in the world with over 10 years of quality manufacturing experience. The ZOTAC philosophy is to deliver the latest products at competitive prices without sacrificing quality.
For further information please visit http://www.zotac.com


text:
Looking for that last-minute stocking stuffer? Here's something that should creep out that special someone come Christmas morning. It's Lethal Protection's Life-Phorm mount.
Supposedly, the mount works with smartphones, tablets, digital cameras and tons of other devices. The company says it can even wrap its pointy little claws around the new Wii U. That's because it can change shape, making it able to grab onto just about anything.
Frankly, the black, long-legged creature looks like it would grab onto your face, if it had the chance.
The Life-Phorm is creepy and cool (but mostly creepy). It's also currently on sale at Amazon for $10 off its $69.99 MSRP.
Follow Electronic House on Facebook and Twitter.
The 6-driver Paradigm soundbar includes Bluetooth with aptX streaming and several audio modes.
High-performance audio upgrades topped this homeowner's renovation and home automation to-do list.
Save money and make your home smarter? Here are the latest Z-Wave and Wi-Fi thermostats we're warming up to.


text:
Sound power
It has been suggested that Sound energy flux be merged into this article. (Discuss) Proposed since November 2011. |
This article needs additional citations for verification. (October 2008) |
Sound measurements |
Sound pressure p, SPL |
Particle velocity v, SVL |
Particle displacement ξ |
Sound intensity I, SIL |
Sound power Pac |
Sound power level SWL |
Sound energy |
Sound exposure E |
Sound exposure level SEL |
Sound energy density E |
Sound energy flux q |
Acoustic impedance Z |
Speed of sound |
Audio frequency AF
Sound power or acoustic power Pac is a measure of sound energy E per time t unit. It is measured in watts and can be computed as sound intensity (I) times area (A):
When the acoustic wave approaches the measurement surface at an angle, the area is taken as the area times the projection of the wave direction upon the normal of the surface.
The difference between two sound powers can be express in decibels (logarithmic measure) using this equation:
where , are the sound powers. The sound power level SWL, LW, or LPac of a source is expressed in decibels (dB) relative to a reference sound power. In air this is normally taken to be = 10−12 watt, that is 0 dB SWL.
Unlike sound pressure, sound power is neither room dependent nor distance dependent. Sound power belongs strictly to the sound source. Sound pressure is a measurement at a point in space near the source, while sound power is the total power produced by the source in all directions.
Table of selected sound sources[edit]
sound sourcesound power
wattssound power
level Lw
dB re 10−12 WSaturn V rocket 100,000,000 200 Turbojet engine 100,000 170 Turbofan aircraft at take-off 1,000 150 Turboprop aircraft at take-off 100 140 Machine gun
Large pipe organ10 130 Symphony orchestra
Heavy thunder
Sonic boom1 120 Rock concert
Chain saw
Accelerating motorcycle0.1 110 Lawn mower
Car at highway speed
Subway.01 100 Large diesel vehicle
Heavy city traffic0.001 90 Alarm clock 0.0001 80 Noisy office
Vacuum cleaner10−5 70 Busy restaurant
Hair dryer10-6 60 Quiet office
Average home10−7 50 Refrigerator
low voice
Quiet home10−8 40 Quiet conversation
Broadcast studio10−9 30 Whisper
Wristwatch ticking10−10 20 Human breath 10−11 10 Threshold of hearing
Reference Power Level10−12 0
Usable music sound (trumpet) and noise sound (excavator) both have the same sound power of 0.3 watts, but will be judged psychoacoustically to be different levels.
Sound power measurement[edit]
A frequently used method of estimating the sound power level of a source is to measure the sound pressure level at some distance , and solve for :[citation needed]
- if the source radiates sound equally in all directions into free space
- if the source is on the floor or on a wall, such that it radiates into a half sphere.
Using these equation though requires the sound pressure level to use a corresponding reference level. From the fact that the mean square sound pressure equals characteristic acoustic impedance Z0 times power per unit area, we see that if the power is measured in watts, the distance in metres, and the pressure in pascals, then we need a correction of log10Z0 with Z0 in N∙s/m3:
For air at 25°C, the impedance is 409 N∙s/m3, so this correction is −26. However, sound pressure level is usually measured against a reference of 20 μPa (introducing a correction of −94 dB), and sound power level is (as mentioned above) usually measured against a reference of 10−12 watts (introducing a correction of 120 dB). These corrections cancel, so we may use (for the case of radiation into free space):
The sound power estimated practically does not depend on distance, though theoretically it may diminish with distance due to viscous effects in the propagation of sound.
Sound power with plane sound waves[edit]
Between sound power and other important acoustic values there is the following relationship:
Symbol | Units | Meaning |
p | Pa | sound pressure |
f | Hz | frequency |
ξ | m | particle displacement |
c | m/s | speed of sound |
v | m/s | particle velocity |
ω = 2πf | rad/s | angular frequency |
ρ | kg/m3 | density of air |
Z = c · ρ | N·s/m3 | acoustic impedance |
a | m/s2 | particle acceleration |
I | W/m2 | sound intensity |
E | W·s/m3 | sound energy density |
Pac | W | sound power or acoustic power |
A | m2 | area |
Sound power level[edit]
Sound power level or acoustic power level is a logarithmic measure of the sound power in comparison to a specified reference level. While sound pressure level is given in decibels SPL, or dB SPL, sound power is given in dB SWL. The dimensionless term "SWL" can be thought of as "sound watts level,"[2] the acoustic output power measured relative to 10−12 or 0.000000000001 watt (1 pW). As used by architectural acousticians to describe noise inside a building, typical noise measurements in SWL are very small, less than 1 watt of acoustic power.[2]
The sound power level of a signal with sound power W is:[3][4]
where W0 is the 0 dB reference level:
The sound power level is given the symbol LW. This is not to be confused with dBW, which is a measure of electrical power, and uses 1 W as a reference level.
In the case of a free field sound source in air at ambient temperature, the sound power level is approximately related to sound pressure level (SPL) at distance r of the source by the equation
where .[2] This assumes that the acoustic impedance of the medium equals 400 Pa·s/m.
- ^ "Sound Power". The Engineering Toolbox. Retrieved 28 November 2013.
- ^ a b c Chadderton, David V. Building services engineering, pp. 301, 306, 309, 322. Taylor & Francis, 2004. ISBN 0-415-31535-2
- ^ Sound Power, Sound Intensity, and the difference between the two - Indiana University's High Energy Physics Department
- ^ Georgia State University Physics Department - Tutorial on Sound Intensity


text:
The missus got a new laptop the other day, and being a good Linux user she demanded I put one on for her. It's a fairly new model with an integrated ATI graphics chip, and I was a bit worried about how the install would go, being a bit conscious of the history of Linux and AMD GPU users on laptops.
Despite a couple of niggles trying to install the post-release update, it all went extremely well and I have completely set it up for her now. Have to say, once the thing is on, Unity is just stellar on a laptop. It looks so fantastic and runs so smoothly. And this is from someone who was a bit negative about it recently. It's so impressive. Props to the devs for this one. 12.04 is stunning and performs really well.
Hardware vendors - why haven't you approached Canonical by now to get Ubuntu pre-installed on your gear? Why have we had to buy a Windows laptop and manually put Ubuntu on it ourselves? It's a crazy situation that I just don't understand at all.
But otherwise, a massive thank you to Ubuntu and its team of superheroes for making a laptop useful! Awesome, and so easy.


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Legs inaugurated William Kennedy's brilliant cycle of novels (including Billy Phelan's Greatest Game and Ironweed) set in Albany, New York. True to ... Show synopsis
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P A Upton (From Banbury Cake)
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Published in the Banbury Cake on 19 May 11
DEAR HEART OF JESUS in the past I have asked for many favours, this time I ask for this special favour (mention it). Take it Dear Heart of Jesus and place it within your own broken heart where your father sees it, then his merciful eyes it will become his favour not mine. Amen. Say for 3 days. Promise publication and favour will be granted. Never known to fail. A.M
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What is a Roth IRA?
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Mavericks' Dirk Nowitzki on flopping in the NBA: 'It's part of winning'
Dallas Mavericks star Dirk Nowitzki believes that flopping is "part of the game" and will never be eliminated from the NBA, according to The Dallas Morning News' Eddie Sefko.
Under the current system, NBA players receive $5,000 fines for flops, though Commissioner David Stern recently said that he believes the policy "isn't enough." The Miami Heat's Chris Bosh was the most recent player to be fined for flopping after his dive in Game 4 of the NBA Finals.
But Nowitzki said this week that while obvious flops can be controlled, selling calls is "part of winning."
From dallasnews.com's Mavericks blog:
"We're never going to get rid of it," he said recently. "But you got to limit it. It's part of sports. It's part of winning. Some people are smart and do a little extra thing to kind of sell the call. To me, that's part of sports.
"You don't want the obvious ones, the really, really bad ones. I think we'd love to get rid of those.
"But if somebody really does get shoved or hit a little bit, just to sell it a little for the referees so it does get the call, I don't have a problem with that. I think that's part of the game."
Mavericks owner Mark Cuban has also recently gotten involved in the flopping debate, providing $100,000 to Southern Methodist University to fund a study on the physics of flopping.