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As the media and the plaintiff bar have increased their attention on retirement and health benefits, and employees have become more aware of litigation in this area, there has been a corresponding increase in individual and class action lawsuits. The issues that are the focus of class-action suits include: (i) revenue sharing and fee arrangements under 401(k) plans; (ii) decreases in the value of employer securities in defined contribution plans; (iii) misrepresentation and fiduciary breaches relating to a reduction in force or an early retirement "window" plan; (iv) valuation and other aspect of ESOPs; and (v) the elimination of retiree medical or retiree death benefits.
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In addition, a number of cases relate to claims involving coverage under health and welfare benefit plans. These cases often involve state law considerations and whether such laws are pre-empted by the Employee Retirement Income Security Act (ERISA).
Employers recognize the importance of retirement and health benefits to their employees and the importance of limiting risk and litigation exposure through appropriate compliance, plan governance and employee communications. Nevertheless, there are often overlapping laws that apply, and the state of the law is both complex and constantly evolving. As a result, and despite their best intentions, many employers, along with plan administrators, trustees and others, find themselves entangled in increasingly costly and time-consuming benefits-related litigation.
Scope of the Litigation Team
Epstein Becker Green has a national, dedicated ERISA/Employee Benefits litigation practice staffed with attorneys who combine a real-world understanding of the intricacies of benefit plan administration and employee benefits operation with their extensive experience as ERISA counselors and trial and appellate court litigators. The attorneys in this practice group represent employers and service providers to benefit plans, both in class-action and individual litigations. When potential litigation issues arise, these attorneys provide the practical legal advice and representation needed to resolve potential benefits disputes as quickly and efficiently as possible.
Our litigation team includes former attorneys from the Office of the Solicitor of Labor, who previously prosecuted actions brought by the Secretary of Labor to enforce ERISA, as well as former United States Attorney prosecutors. EBG attorneys, who have represented both major employers and providers (such as health providers and insurance companies), have chaired professional programs and ABA committees on ERISA fiduciary and investment-related matters. EBG attorneys also have significant experience in the ongoing administration and operation of benefit plans. This proficiency often provides an "edge" in tackling the issues that arise in benefit litigation, as well as the possible application of employment, tax and securities-related considerations.
Range of ERISA/Employee Benefits Litigation and Related Services
Epstein Becker Green attorneys have worked on many cases involving ERISA and employee benefits in a broad range of areas, including:
a. Plan Benefits and Governance. The Firm is engaged on behalf of numerous employers in cases involving benefit plans and ERISA-related claims against plan sponsors, fiduciaries and service providers. Stemming from one of its core practice groups, EBG also is involved in matters relating to multi-employer plans as well as ERISA issues arising from downsizing and reductions in force. Because many of EBG's benefit clients are plan sponsors, the Firm often is involved in audits, investigations, and other issues surrounding government agencies charged with statutory enforcement. Among these agencies are the IRS, the Department of Labor, and the Pension Benefit Guaranty Corporation.
Cases and regulatory investigations in which EBG has been involved include:
b. Health Care. EBG has a experience in ERISA litigation matters involving another of its prominent core practice areas—health care and related sectors. These clients include insurance companies, hospitals and other providers such as managed care organizations and the services provided by these clients with respect to insured and noninsured single, multi-employer, and multiple welfare benefit plans. As much of the health care industry receives payments for its services from health plans subject to ERISA, very special issues arise that require a knowledge of the health care industry as well as of ERISA.
Examples of these cases, which include ERISA preemption matters, include:
c. Multi-Employer Plans. Our litigation attorneys are also proficient in multi-employer plan-related litigation and Title IV of ERISA and ADEA. Examples of such cases include:
d. Executive Compensation. We also have attorneys with knowledge and skills in executive compensation-related litigation. Examples of our casework include:
Reported Cases
Our experience includes real-world successes when ERISA cases need to be litigated. For example, Epstein Becker Green attorneys have achieved success for their clients in many unreported cases and in such reported favorable decisions as:
Eichorn v. AT&T (3rd Cir.)—upheld the employers' claims that the plaintiffs were not entitled to relief under ERISA.
Wachtel v. HealthNet (3rd Cir.)—ruled that the ERISA fiduciary exception to the attorney client privilege was not applicable.
In re Lucent Death Benefits ERISA Litig. (3rd Cir.)—putative class action challenge to elimination of retiree death benefit.
Chastain v. AT&T (10th Cir.)(pending)—class action suit by retirees of AT&T challenging subsequent elimination of retiree death benefit and certain reductions in medical and dental benefits.
Kerber v. Qwest (D. Colo.)(pending)—class action challenging changes to retiree death benefit based in plan language and misrepresentations/breach of fiduciary duty.
Tholke v. Unisys (2d Cir.)(pending)—suit for long-term disability benefits by employee.
For more information:
Visit the Employee Benefits ERISA / Labor and Employment ERISA page and Health Care and Life Sciences ERISA/Benefits page.


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Responding to criticism of its investigation into an alleged leak of company trade secrets, Microsoft acknowledged overnight that it searched a Hotmail customer's Microsoft accounts without a court order — but described the action as "extraordinary" and announced that it will add a new layer of outside review when it encounters similar situations in the… Read More
Microsoft builds Google Chat into Outlook.com webmail in new bid for switchers
Microsoft is integrating Google Chat into Outlook.com, attempting to eliminate one of the factors that prevents Gmail users from switching to Microsoft's revamped webmail service. Outlook.com users who connect their Google accounts will be able to chat with Gmail users — or "friends stuck on Gmail," as Microsoft cheekily puts it — from inside Microsoft's online… Read More
Hotmail is officially toast, but Microsoft says Outlook.com is on fire
Microsoft today announced that the migration from Hotmail to the new Outlook.com is officially complete and that there are now more than 400 million active Outlook accounts. The Redmond software giant also said that 125 million that are accessing email, calendar and contacts on a mobile device using Exchange ActiveSync. Back in February, Microsoft added 1.5 million new… Read More
Microsoft: Overheating datacenter caused Outlook.com outage
A firmware upgrade failure at one of Microsoft's datacenters caused the facility to overheat and shut down access to Outlook.com and Hotmail for some users earlier this week, Microsoft said in a blog post this morning explaining the cause of the problem. The outage, which started on Tuesday afternoon and lasted until early Wednesday morning,… Read More
Outlook.com arrives: Microsoft gets aggressive in new bid to dethrone Gmail
Microsoft is officially launching Outlook.com on Tuesday — taking its new consumer email service out of preview mode and starting to shift longtime Hotmail users to the updated Outlook.com interface. It's part of a plan, announced last year, to retire Hotmail, Microsoft's classic webmail service. Nope, the upgrade isn't optional, but don't worry, old-timer, you… Read More
GeekWire Podcast: Where The Hell is Matt? On our show!
Even if you don't recognize Matt Harding's name, you've probably seen one of his videos. He's the globetrotting YouTube star behind the site WhereTheHellisMatt.com. His videos, showing him dancing with people in countries around the world, have been viewed millions upon millions of times. Matt is our guest this week on the GeekWire radio show… Read More
Farewell, Hotmail: Microsoft previews Outlook.com, ending longtime webmail brand
First things first: Yes, you can keep your @hotmail email address, if you want. Microsoft, however, will be leaving the Hotmail brand behind. The company this morning is rolling out a new email service, called Outlook.com, that will replace Hotmail when it's launched in finished form. The new Outlook.com has a cleaner, streamlined interface that… Read More
Microsoft Hotmail soars on iPhone and Android, now available on Kindle Fire
Microsoft's Windows Live Hotmail has surpassed 12 million active users on Apple iOS devices — a dramatic climb resulting from the simplified process for setting up the Microsoft webmail service in Apple's iOS5. Hotmail has also seen a sharp increase in Android usage, now topping 3 million active users, since releasing an app for the… Read More
Hotmail, MSN suffer outage
My wife just tried to log on to her Hotmail account, but no dice. A few minutes later a GeekWire reader sent me an email — not from their Hotmail account obviously — indicating an outage at both MSN and Hotmail. It is unclear how widespread the problem is, but Twitter is erupting with a… Read More
Microsoft updates SkyDrive, trying to stand out in a cloud
Microsoft plans to roll out a series of updates to its free Windows Live SkyDrive service later today, trying to give the cloud service a stronger identity as a standalone product for storing files — not just a behind-the-scenes tool for Office Web Apps, Hotmail, Windows Phone and other Microsoft products. The company says the changes have… Read More
'Hoarders' psychologist helps me stop being a digital packrat
A couple weeks ago I cleared more than 10,000 emails from my primary personal webmail inbox, dating back almost three years. It's already back up into the hundreds. It's not that I can't let go — I just have a hard time keeping up, and since I'm seeing the newest messages on the first screen… Read More
Stats: Hotmail still on top worldwide; Gmail gets bigger
While researching this morning's story about the latest interactive features from Microsoft's Windows Live Hotmail, I realized it had been a while since I checked the market-share statistics for the major webmail services. I didn't receive them in time for the earlier post, but now that they've arrived, the latest numbers show some interesting trends… Read More
Hotmail gets interactive with Netflix, Posterous, LivingSocial
Microsoft's Hotmail team today will show how more companies plan to use its "Active Views" technology — interactive email messages that can be updated in the recipient's inbox, even after they're sent. Blogging platform Posterous plans to use the technology to let its users see and respond to comments about a post from within an email,… Read More

subset: commoncrawl


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At the end of a recent visit to Deborah Rudacille's journalism class at UMBC, an hour of sharing some Terkel-esque tricks to find extraordinary narrative in the lives of seemingly ordinary people, I threw out a four-word challenge.
"Who wants an assignment?"
In a room of about 20 young people, three hands shot up – eager aspirants on the literary trigger - and I acknowledged each of them: you, you and you.
Here's what they got and hopefully what you will soon be reading here on the Alvarez Book Page: an emotional response to the fiction of Roberto Bolano, a feature on floral superstar Ellen Frost and an obituary on the recently deceased Baltimore poet Chris Toll.
Toll's death on Thursday, September 27, 2012 was announced to the poetry community by his longtime friend and colleague David Beaudouin in a Facebook posting.
"He carried the torch brilliantly for poetry in our fair burg," wrote Beaudouin. "… promoting and publishing other poets, editing lit mags, sponsoring countless readings, and generally being the Guy Who Always Showed Up For Your Reading."
Of his own work, Toll said in a 2011 interview with the journal Artichoke Haircut: "There is no answer; the question is everything."
Toll now joins fellow Baltimore poets Joe Cardarelli, David "Footlong" Franks, Lucille Clifton, Barbara Simon and many others on the other side of this iambic veil.
When the assignments come back (trusting that all of them do, this is enterprise, nothing required) it is my hope that we learn something from the life of this audacious poet that, like his work, helps us get through tomorrow and the day after.
Watch this space.
A memorial service for Chris Toll will be held at 7 p.m. Monday, Oct. 1 at the Ruck Funeral Home, 1050 York Road in Towson.
Get the latest local news in the Catonsville Patch daily newsletter. Follow us on Facebook and Twitter.


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Just two days ago, Washington Nationals closer Drew Storen went to see Dr. James Andrews, a renowned expert in baseball pitchers' injuries.
Dr. Andrews must have found something right away, because:
I was just informed that #Nats closer Drew Storen had minor elbow surgery today. The DRs removed a bone fragment from the elbow. #MLB
— William Ladson (@washingnats) April 11, 2012
No wonder Storen had inflammation in the elbow, and had felt "tenderness" when attempting to throw off a mound earlier this week.
However, the fact that the surgery removed a bone fragment, rather than found some other, more serious injury, is likely good news for Storen and the Nats. When an elbow injury is diagnosed, the words "Tommy John" often come up. That doesn't appear to be the case here, though there also is not yet a timetable for Storen's return.
For more on Storen and the Nats, please visit Federal Baseball and SB Nation DC.


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The Hayward CX800-RE R is a compatible replacement for the following pool filters:
The Hayward CX800-RE Comp. Pool Filter Cartridge is a pool water filter measuring 8 1/2" x 17 1/2" with 4 1/16" Open top and bottom holes. This spa filter cartridge features 75 sq. ft. of media area with 4 ounces of media weight. This compatible Hayward filter replacement offers premium purification for swimming pool and spa water.


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Slightly bland, acidic aftertaste. Super sweet and butter smell. Wouldn't buy again. Had at girls Xmas
More posts
- Good crisp wine. Almost as good as Honig.
- Grilled chicken green beans and salad. Beautiful night. Sinatra crooning in the background :-)
- Honig Napa Valley 2012 Sauv Blanc
- 6.6.13 - A belated b-day plus much need girl-patio time with Steph H. Paired well with PF Changs chicken salad!
- Paired nicely with chicken salad and Brie. Crisp and vibrant with pear notes and a slight grapefruit finish.


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If any member of the Indianapolis Colts has reason to be disgruntled, it would be Donald Brown.
If he was a different kind of player, he might be angling for his agent to leak signs of discontent to the media right now. He was a first-round pick out of Connecticut in 2009, and his numbers improved in each of his first three NFL seasons.
But injuries limited him to 10 games last year, in the first season of the Ryan Grigson-Chuck Pagano regime, and he lost his job as the starting running back to Vick Ballard. In the offseason, Brown was mostly an afterthought.
The Colts first signed free agent Ahmad Bradshaw then traded a first-round pick for Trent Richardson after Ballard was lost to a season-ending injury following Week 2 of the regular season. Brown began the season as a special teams captain but has served as Richardson's primary backup the past two weeks with Bradshaw nursing a neck injury.
Instead of complaining about his role — or even looking to force an exit in the final year of his contract — Brown has been the consummate good soldier. He's averaged a robust 8.3 yards per carry on just 19 rushing attempts, and that's just part of why it was so good to see him emphatically spiking the football in the end zone after scoring the go-ahead touchdown in the fourth quarter Sunday against Seattle.
Brown sees nothing special in his team-first approach.
"You just prepare for all situations," he said. "You have to prepare like you're the starter no matter what the situation is. When your number's called, make the most of every opportunity, whether you're on offense or on special teams."
Brown had little game experience on special teams before this season, but he didn't hesitate to jump in when asked. Though that trait hasn't always served him well.


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EXROP students share ideas in a poster session at HHMI headquarters.
Each year, approximately 125 scientists volunteer to mentor EXROP students in their labs during the summer.
In addition to doing laboratory research, the students attend two meetings at HHMI's headquarters in Chevy Chase, MD, to present their research in a poster session.
Students can only apply for the EXROP program if they are nominated by an HHMI professor, a director of an HHMI-funded undergraduate program at a college or university, or faculty contact at an active Science Education Alliance (SEA) school. Once accepted into the program, students are matched with HHMI scientists who have volunteered to provide mentored research experiences. EXROP students may be eligible for continued support in a second summer research experience in the same lab and in their doctoral education via HHMI's Gilliam Fellowships for Advanced Study.
- 10 weeks of full-time research in the lab of an HHMI scientist
- $4,500 award
- Participation in a local summer research program with other undergraduate researchers
- Long-distance travel and housing arranged and paid for by HHMI
Program Outcomes
Since EXROP's inception in 2003, 654 undergraduates have been matched with 202 HHMI investigators, professors, group leaders, and early career scientists. Of the 370 EXROP alumni who have earned a baccalaureate degree, 362 are in science careers, including 186 who went into graduate programs.


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Beyonce on holiday in Jamaica. Photo: @beyonce/Twitter
The great European celebrity exodus has begun, with the rich and famous jetting off to yachts, beaches and snow-capped peaks to spend the first month of the year anywhere but home. So mass is the evacuation that diary columns are struggling for stories as all their subjects are abroad.
''It's difficult to produce coverage as all the celebrities have disappeared,'' admits a news editor at a weekly gossip magazine.
''All you'll see on the news stands over the next few weeks are pictures of famous people in bikinis.''
Michael Douglas hits the slopes with Catherine Zeta-Jones and his children. Photo: Michael Douglas/Facebook
Though swapping hailstorms for a heatwave may sound like paradise, an A-list holiday requires meticulous planning, timing and PR. From where to go to who to be seen with, here are 10 rules for pulling off a January getaway as stylishly as the stars.
1. Stay on the most expensive yacht around - but act as if you're not bothered
Even a25 million dollar super-yacht moored off the coast of Mustique wasn't sufficient for Trinny Woodall and Charles Saatchi, who dropped into conversation at a celebrity party (hosted by Kate Moss at her sprawling Caribbean home) that they were ''dossing down'' on the ship. The wealthy new couple, who joked that they were ''holed up'' on board, spent new year flitting between glamorous parties, before yachting to St Lucia for a break from all that exhausting socialising. They are expected to return on a ''cramped'' private jet.
2. Make the most of others' hospitality
Princess Beatrice, too, has been ringing in the new year on a yacht - this one belonging to Lakshmi Mittal, the second-richest man in Britain. The Amevi, his 80-metre mega-yacht, is moored at St Barts, in the West Indies, where Beatrice has been partying with her boyfriend, Dave Clark (it's also where Sir Paul McCartney spent Christmas with his wife, Nancy Shevell). Borrowing someone else's yacht (or jet/mansion/island) is bang on trend, with many of our megastars enjoying January at someone else's expense.
Mark Borkowski, the PR guru, says it's ''not unusual'' for travel operators to pay celebrities to take a holiday at their resorts. ''If they can snare a high-profile one to bask in the delights of Dubai or Florida, the budget is there,'' he adds.
''They're often paid to tweet, Instagram or pose for paparazzi.''
3. Show off your new toyboy
Rumours have been circulating since the recently divorced Demi Moore, 51, was photographed frolicking on a Mexican beach with Sean Friday, a 27-year-old drummer. A new year break is the perfect time to reveal a new love interest - especially if he's half your age (and you look as good as Moore does in an itsy bitsy bikini).
4. Flaunt your post-Christmas bikini body
Mince pies and trifle don't seem to feature in the Hollywood diet, where celebrities emerge from the festive period looking fitter than ever. So the January getaway is a prime time to strip off at every opportunity.
Abbey Clancy has shown us just what winning (UK TV show) Strictly Come Dancing did to her abs via a beach holiday in Dubai, Cara Delevingne (below) took the opportunity to flash her new tattoo in Barbados, and Rosie Huntington-Whiteley, the face of M&S, has been gallivanting around ''heavenly'' Hawaii with her equally toned boyfriend, Jason Statham.
5. Play happy families
From Myleene Klass, who's dolphin-spotting in Mexico with her two daughters, to Ivanka Trump, who's been doting on her two-year-old in a Palm Beach pool, this January marks a trend towards family holidays. Katie Holmes has been sunbathing with Suri, seven, in Miami; Liz Hurley hit the slopes in St Moritz with Damian, her 11-year-old son (and old flame Hugh Grant); and the singer Rochelle Humes, of the Saturdays, has been sharing photographs of her daughter, Alaia-Mai, from the Maldives.
6. Make new friends - and keep in touch with old ones
Jennifer Aniston fuelled reports of a Friends reunion by ushering in the new year with her co-star Courtney Cox in Los Cabos, a Mexican beach resort. They shared their mansion, complete with chef, butler and spa, with Aniston's fiance, Justin Theroux, as well as Howard Stern, the American radio and TV host, and Jimmy Kimmel, the comedian.
''It's a great time to be seen and mingle - I imagine a lot of job opportunities come up over cocktails on the beach,'' says the magazine editor. ''And they're not missing anything back home this month - the Brits and Baftas aren't until February.''
7. Patch things up with your other half (and prove it by posing for photos)
After separating in May, Michael Douglas and Catherine Zeta-Jones were on/off for most of 2013, but the new year heralded a getaway to Quebec, Canada, where they're skiing with their children, Dylan and Carys. What better way to prove you're back together than a family holiday - with Douglas, 69, keeping up with the kids and posting the pictures on Facebook.
X-Factor judge Nicole Scherzinger and her F1 driver boyfriend, Lewis Hamilton, took a more subtle approach - uploading Instagram photos of themselves, individually, snowmobiling in Aspen, and leaving it up to fans to guess whether they're back together.
8. Be seen, preferably while surrounded by a bevy of adoring fans
Making the most of the gap between the American X Factor and America's Got Talent, Simon Cowell is sunning himself in Barbados this month, alongside girlfriend Lauren Silverman, seven months' pregnant with his baby. The pair are staying at the exclusive One Sandy Lane resort, accompanied by Cowell's ex-girlfriends Sinitta and Terri Seymour.
Cowell pulled the ultimate publicity stunt last week when, wearing only tight white shorts and a life jacket, he was pounced upon by a gaggle of screaming female fans before zooming off on his jet ski. The whole encounter was, rather helpfully, captured on camera.
9. Publicise your latest film/book/TV show
It may be mere coincidence that Michael Douglas's latest film, Last Vegas, is out now, or that the reputation-shredding trial of Charles Saatchi's former aides has just ended - but there's no denying that being photographed on a new year break is great publicity.
Madonna, who is skiing with her children in Gstaad, Switzerland, has been using their holiday to help launch the career of her son, Rocco Ritchie, as a filmmaker, by promoting videos he made on the slopes. She grabbed the headlines last weekend with a controversial online snap of Rocco, 13, holding a bottle of gin, beneath the caption ''The party has just begun! Bring it! 2014''.
10. Show everyone up by staying at home - but make sure you do something fabulous
This only applies, of course, if ''home'' is somewhere glamorous - Los Angeles, Miami or the Caribbean will do. While others jetted overseas, the actor Hugh Jackman returned to Australia this month, where he's been living up to his action-man image by fishing from a Melbourne pier. Elsewhere in the country, Russell Crowe took his sons to an amusement park in Queensland - a low-key day out, except that they flew there by private jet.
''Even if you don't go away, taking a break now is good timing if you've got filming and recording scheduled throughout the other months,'' says Borkowski. ''Sadly, we ordinary folk can't afford to - but it's a great visual prompt to start us daydreaming about summer.''
The Telegraph, London


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Bokhari Nabs Player Of The Week Honors
April 17, 2012
AMHERST, Mass. - After a week where she went 3-0 in singles and 2-0 in doubles, sophomore Sonia Bokhari was named the Atlantic 10 Conference Women's Tennis Performer of the Week. It marks the first time this season that Bokhari has received the award. The only other UMass athlete to garner the award this season was Yuliana Motyl who was given the honors on Monday, Mar. 5. UMass is currently awaiting the announcement of the seedings for the Atlantic 10 Championships on April 20.
Last week, Bokhari posted three No. 2 singles wins against Bryant, Albany and Quinnipiac. With the wins, she improved to 13-7 in dual matches and 17-12 overall. Bokhari has won her last eight singles matches and has added a total of seven dual match doubles victories from various pairings this season.
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PITTSBURGH—The Community College of Allegheny County (CCAC)–North Campus bowling team member Jared Garasich earned a fifth place finish in Men's Singles at the Western Pennsylvania Collegiate Conference Bowling Championship on February 11. Garasich had a total score of 634 out of three games. He also placed fourth in Men's All Events with a nine-game total of 1911, with an average score of 212 per game.
Garasich is an educational paraprofessional major at CCAC. He is an honors student, Vice President of the Student Government Association and a member of Phi Theta Kappa Chapter Alpha Lambda Nu and the World Cultures Club.
He will also be competing at the Pennsylvania Collegiate Athletic Association State Championship in Phillipsburg, PA February 19–20 as well as the National Junior Collegiate Athletic Association Championship in Buffalo, NY March 3–5, 2011.
About CCAC
The Community College of Allegheny County is the largest institution of postsecondary higher education in Pennsylvania. The college serves 30,000 credit students through 170 degree and certificate programs and offers thousands of lifelong learning non-credit and workforce development courses to 35,000 students annually. Incorporating a learning-centered environment committed to the future of the region, CCAC continues to expand its reach through innovative programming and accessible instruction offered via convenient day, evening, weekend and online courses. With four campuses and six centers serving Allegheny County and surrounding communities, CCAC endeavors to fulfill its mission to provide affordable access to quality education and offer a dynamic, diverse and supportive learning environment that prepares the region's residents for academic, professional and personal success in our changing global society.


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A 70-year-old man was attacked and hit in the head with a skateboard in downtown Portland.
Police said it happened at 2:30 p.m. Monday at Southwest Third and Oak Street.
Witnesses told police that a large group of transient "street kids" were involved in the assault.
The man works at the Portland Outdoor Store and witnesses said he was hosing off the sidewalk when he was attacked.
His employer identified the victim as Larry Allen, the store's assistant manager and an employee of more than 30 years.
"I heard this yelling and screaming, and then I heard this bang and so I ran outside," said Portland Outdoor Store Manager Brad Popick.
"Larry was on the ground face down, he was bleeding everywhere across the face. He had a huge gash out of his forehead extremely deep."
Emergency crews arrived at the scene and found the victim suffering from a head injury. He was taken to a Portland hospital for treatment of a non-life-threatening injury.
If you know anything about this case, call detectives at 503-823-0400.
Copyright 2013 KPTV-KPDX Broadcasting Corporation. All rights reserved.
A woman who was texting while driving was impaled by guardrail pole.


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10994 Posts in 2728 Topics by 1819 members
All other Modules
SilverStripe Forums » All other Modules » Error installing Subsites [solved]
Discuss all other Modules here.
Moderators: martimiz, Sean, biapar, Willr, Ingo, swaiba, simon_w
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Community Member
528 Posts
Error installing Subsites [solved]
7 January 2011 at 3:29am
I'm getting the following error installing Subsites
Notice: DataObjectDecorator::extraDBFields() is deprecated. Please use extraStatics() instead. in /Applications/MAMP/htdocs/avelli/sapphire/core/model/DataObjectDecorator.php on line 60
Fatal error: Using $this when not in object context in /Applications/MAMP/htdocs/avelli/subsites/code/SiteTreeSubsites.php on line 32
I'm on 2.4.4
Any Ideas?
Community Member
7 Posts
Re: Error installing Subsites [solved]
3 February 2011 at 7:23am Last edited: 3 February 2011 7:24am
I have the same problem.
Please advice
Community Member
67 Posts
Re: Error installing Subsites [solved]
17 February 2011 at 4:42pm
Hi, Has anybody resolved this yet?
Ive just donwloaded Silverstripe to asses it for a multi site project. Ive downloaded 2.4.5 and installed no problem, downloaded the subsites module into the route and i got this error.
Bit of a show stopper which is a shame.
Thanks for any help,
Community Member
79 Posts
Re: Error installing Subsites [solved]
18 February 2011 at 8:30am
I seem to remember this problem cropping up last year (may have been a different module) but I think the fix was to go into the php file and change the line that says extraDBFields() to extraStatics()
Will, I tried the subsite module last year and while it did what it said it would do, it didn't really do what I needed. (I didn't need the sites to share an admin interface, and I wanted some of them on their own database.) I found that using symlinks to run multiple sites with one installation of SS was the best solution for me. I now have six or seven sites running under one installation. Some have their own database, others share one. I haven't had any problems, even when upgrading SS or modules. Just my 2 cents...
Community Member
528 Posts
Re: Error installing Subsites [solved]
18 February 2011 at 8:45am
Yeah I think thats what I did in the end.
Community Member
67 Posts
Re: Error installing Subsites [solved]
18 February 2011 at 9:34am
Hi Thanks for updating this,
I don't think thats sufficient to solve the problem. The fatal error is from using $this outside obect scope. I tried replacing the old function name throughout the module but it didn't fix the fatal error.
Any other sugestions / patches to get the latest version working with this module?
We definetly want to run off the same DB. Our requirement is for a central login to be able to provide content that filters down to the subsites - some news, pages etc . And for each subsite to be able to have their own content.
Community Member
13 Posts
Re: Error installing Subsites [solved]
10 March 2011 at 12:48pm
I had the same problems described above with SS2.4.5 and the subsites module. Here's what I did to solve the problem:
1st) Download the latest revision of the module. At the time of writing, for me, this was:
Build Date: 2011-03-02
Download: silverstripe-subsites-master-HEAD.tar.gz
2nd) Create a folder called subsites and unpack the contents of the file above into it.
3rd) I ran a /dev/build/?flush=1 , but I got a load of errors, including some of those reported above. I came across several posts including one where someone was advising that we should comment-out certain lines within the subsites/_config.php, but that really didn't seem right to me. So what I did was to simply remove the contents of the subsites/_config.php file and place it into the main _config.php file in the mysites folder. Then I ran the dev/build/?flush=1 and that fixed it for me!
Hope this helps someone.
Community Member
6 Posts
Re: Error installing Subsites [solved]
13 April 2011 at 7:55pm
Intresting that this is marked as solved. I have tryed D-L's solutions... dosnt work for me. tryed renaming function but still get $this error...
I love silverstripe but when it comes to modules they always seem to have some issues. I know this is done for version 2.2 or something but my brain hurts if i must learn every version of SS if i wanna use different modules
D-L where in _config.php did you those susites/_config.php lines?
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Justin Long (I)
Actor | Producer | Soundtrack
A likable, boyish-looking actor with thick eyebrows and a friendly smile, Justin Long is a native of Connecticut. He grew up in Fairfield, the second of three sons. His father, R. James Long, is a Professor of Philosophy at Fairfield University and his mother, Wendy Lesniak, is a former Broadway actress. He attended Fairfield Prep, and after ... See full bio »
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This book is an attempt to record a small portion of my father's life and the events of an era that had a profound influence on the whole of his life. As a teenager, with answers to all of life's questions, Dad dove head first into any adventure that dared challenge him. In his final years, answers turned into questions, most with no resolution this side of heaven.
Dad's values were clearly evident to any who took the time to examine – a love of God, family and country. This book focuses on the third, a love of country, exemplified by his eight years of service in the United States Marine Corp.
At an early age I was aware of my father's participation in WWII simply from the photos adorning the walls of our family den, proudly displaying the units and companies Dad served with. It was much later in life that stories behind the photos were shared. It was not so much that Dad didn't want to talk about them; I was just late asking. More so in his later years, anyone desiring could get an earful of tales about South Pacific islands and Marine Corp exploits sprinkled with an occasional anecdote about growing up in small town Alabama.
The last few years of Dad's life found the two of us, most every weekday afternoon, sitting on his back deck, drinking Buffalo Rock ginger ale, eating peanuts and talking about life. Usually his life. The longer we sat, the more questions I asked and the more Dad would reminisce of younger days. I finally recognized the value of these conversations and found myself hurrying home to write down details of the afternoon's exchange. As months passed stories were shared multiple times, occasionally with new details stirred by questions I posed. As I penned more and more of Dad's story, I found myself looking deeper into the history surrounding his life and trying to fill in dates and events. This book is a combination of Dad's back-deck ramblings and many hours of research into the history that shaped not only his life, but life as we know it.


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Melissa Hawthorne, left, store manager of the McDonald's restaurant in Craig, stands with Chris Nichols, owner and operator, Monday afternoon at the restaurant after learning she was one of 22 semifinalists in the Voice of McDonald's competition. Hawthorne won first place in the Rocky Mountain region, beating out competitors from 750 McDonald's restaurants in seven states, including Colorado, Utah, Nevada and Arizona.
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Online Partner Charleston Dance Lesson Video: Charleston Leg Spin
Lesson Info
This lesson teaches a follow's turn in the unusual context of side-by-side Charleston. Breakdown includes crucial timing details, tricks for establishing the needed connection, and suggestions for the follows to help establish solid movement habits so they can react seamless to this style of lead.
Get the Whole Pack and Save
Instead of just the "Charleston Leg Spin" lesson, grab a whole Lesson Pack that it's part of at a 15% discount:
$87.56 $74.43
$111.44 $94.72


text:
This boat is sheer talent. A roomy ride that can withstand the toughest of waters and strongest of winds. It features port and starboard rod storage and an 8 gallon aerated livewell. Engineered to get you through anything, the Alaskan will get you your prized catches, be the waters calm or choppy.
1785 Mid Valley Drive
De Pere, WI 54115
Phone: (920) 337-9717
Mon - Wed, Fri: 8am - 6pm
Thu: 8am - 7pm
Saturday: 9am - 1pm
Sunday: Closed


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Wanna get #CNNLies trending so they air a retraction & apologize for lying about Israel killing Mahmoud Sadallah. @CNN bit.ly/XSifrK—
TheOAK (@AronHakodeshJWG) November 18, 2012
Incompetently made Hamas rockets have fallen into Gaza 100 or more times, and as Twitchy noted earlier today, one of these homemade weapons is the most likely cause of death of a four-year old Palestinian boy named Mohammed Sadallah.
Several days ago CNN blamed an Israeli airstrike for Sadallah's death. Today, it included the following text in the middle of an article about Hamas:
Israel also said Sunday that it was not to blame for the death of a Palestinian child last week — a 4-year-old boy whose lifeless body was kissed by Egyptian Prime Minister Hesham Kandil during his visit to a Gaza hospital Friday.
CNN visited the child's home, which neighbors said had been bombed five hours previously. Neighbors and family members told CNN they heard an aircraft before the explosion.
But the Israeli military told CNN on Sunday it did not carry out any airstrikes at the time of the child's death. The IDF said had stopped its attacks for Kandil's visit, raising questions about what caused the fatal blast. One possibility could be the misfire of a Hamas rocket intended for Israel, since CNN's crew in Gaza said it saw two such rockets passing overhead — apparently fired not far from where the boy lived.
Blogger Elder of Ziyon notes, "CNN here does not admit that they reported the accusation as fact and still pretends that there is still a good chance that the child and neighbor were killed by an Israeli airstrike. Slightly more accurate; but no indication of regret for a slander."
CNN has yet to retract Sara Sidner's video blaming Israel for the boy's death.
Some Tweeters have called on CNN to issue a full, forthright retraction.
I encourage everyone to tell Sara Sidner from CNN to retract statement that Israel killed a boy, it was Hamas rockets or faked!!!—
Eileen Hart (@EileenHart1) November 18, 2012
@theblaze Well, I guess we should expect @CNN to make a retraction and correct the story. Or at least present Israel's side, right? Or not.—
Milly Carey (@MillyCarey) November 18, 2012
@CNN when are you going to air a retraction regarding your false reporting? bit.ly/XSifrK—
TheOAK (@AronHakodeshJWG) November 18, 2012
@jtLOL @breitbartnews CNN needs to issue a retraction!—
Robert Maness (@rlmaness) November 19, 2012
Late last week, CNN acknowledged it was duped by video of a "wounded" Palestinian who got up and walked away.
@CNN Good that Anderson gave a retraction. Now it's time for Sara Sidner's peice of crap #Hamas propaganda to be retracted as well. #MSMBias—
✥RW Warhammer✥ (@RightWingHammer) November 19, 2012
Time for another retraction, CNN.


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Chris Pirillo is a great friend. So, take this post with a grain of salt.
But, here's why I love Gnomedex:
1) Every attendee uses a laptop computer during the event. It still is one of the few events where I've seen that happen.
2) No press passes.
3) I haven't been asked to speak since 2001. Heh. Not quite true, cause I was on a Gillmor Gang panel last year, but I don't count that as speaking.
4) It's geeky, but not developer geeky. User geeky.
5) It's not over your head or over your pay grade like TED or PopTech.
6) It's in Seattle in one of their two sunny months.
7) Ponzi. Ponzi. Ponzi.
I'm not speaking. But I'm going to do something fun in the lobby. Facebook fun. Pownce fun. Twitter fun. Jaiku fun. More to come.
UPDATE: maybe I'll be wearing my iPhone Name Tag.


text:
Attention! This job posting is 60 days old and might be already filled.
|Company Name
|Visual Meta GmbH
|Berlin, Germany
|Date Posted
|Jan 23, 2014
|Job Type
Visual Meta GmbH is an innovative Internet company based in the heart of Berlin, which has grown rapidly since being founded in 2009. Since December 2011 our company has been taken over by the Axel Springer Group.
We run shopping platforms named LadenZeile and ShopAlike in several European countries, offering fashion, furniture and a variety of other products to our users. Our service is used by thousands of daily visitors and an ever-increasing number of partner shops.
Now we are looking for a motivated intern (m/f) who masters the Czech language fluently to support our team and promote the expansion of our shopping portal www.shopalike.cz to start as soon as possible!
- Student or recently finished studies in Business, Communications or similar
- Interest in e-commerce and online marketing (experience in this field is a plus)
- Fluent in spoken and written Czech
- Good English skills, German is a plus
- Proactive, conscientious, accurate, hardworking, self-reliant and self-dependent
- At least three months time
Your profile:
- Writing copies and articles for our website
- Implementation of online marketing campaigns and strategies with focus on organic search engine marketing
- Assisting the quality management team and participating to the following missions: category creation, on-page quality improvement and new functionality suggestions
- Market- and competitors analysis
- Affiliate marketing and social media marketing (Facebook, Google+, etc.)
Your responsibilities:
- Internship compensation
- Full-time employment
- Integration into a committed, successful and international team
- Opportunity to work independently and gain a lot of insight into the field of e-commerce
- Working in the centre of Berlin
- Healthy snacks (fruits, cereals), water and hot drinks
- Regular team- and corporate events
- Flexible working hours, movie nights, table football, ping-pong, company bikes, etc. to support your work-life balance
What we offer:
If you are interested in an exciting position in a friendly team, we are looking forward to receiving your English application via e-mail (Please don't forget the subject: Internship Czech Republic) to:
Jakub Cihelka
E-Mail: email@example.com
Your application should include: Application letter including your earliest starting date, CV, relevant references and certificates.
We look forward to receiving your application!
Related Jobs
- Venture Hunter posted about 15 hours ago.
- Part-time writer for EU-Startups.com posted about 1 month ago.
- Paid Internship in Campaign Management for German Speaker posted 1 day ago.
- Intern - Business Development posted 5 days ago.
- Frontend Developer (m/f) for a New FinTech Venture posted 6 days ago.


text:
- Indian Springs
- La Cantera
- La Quinta Country Club
- La Quinta Cove
- La Quinta Del Oro
- La Quinta Desert Villas
- La Quinta Fairways
- La Quinta Palms
- La Quinta Resort & Spa
- La Quinta Resort & Spa, Los Estados
- La Quinta Resort & Spa, Santa Rosa Cove
- La Quinta Resort & Spa, Spa Villas
- La Quinta Resort & Spa, Tennis Villas
- La Quinta Resort & Spa, Enclave
- Lago La Quinta
- Laguna de la Paz
- Lake La Quinta
- Legacy Villas
- Mountain View Country Club
- Painted Cove
- Palm Royale
- Palmilla
- Parc La Quinta
- PGA West
- PGA West, Nicklaus Tournament
- PGA West, Norman
- PGA West, Palmer Residence
- PGA West, PGA Legends
- PGA West, Private Homes
- PGA West, Stadium
- PGA West, Nicklaus Private
- Piazza Serena
- Private Homes
- Puerta Azul
- Rancho La Quinta
- Rancho Santana
- Renaissance
- Sonrisa
- The Estates at Point Happy
- The Estates of La Quinta
- The Palms
- The Quarry at La Quinta
- Topaz
- Tradition
- Trilogy
- Alta Verde at Coral Mountain
- Andalusia at Coral Mountain
- Bajada Estates
- Carmela
- Casitas Las Rosas
- Citrus
- Codorniz
- Desert Club Estates
- Duna La Quinta
- Esplanade
- Griffin Ranch
- Haciendas at La Quinta
- Hidden Canyon
- Hideaway
- Other La Quinta Properties
This property allows you to book online with a credit card. After submitting a reservation request, the owner or manager has 24 hours to accept, at which time your card will be charged and you will receive an email confirmation
La Quinta Vacation Rentals Show this location only Back to top
There are no vacation rental listings in La Quinta currently advertising. Please see the USA, California, Deserts vacation rentals page.
La Quinta Travel Tips
Vacation Rentals by Owner in La Quinta, California
La Quinta, California lures vacationers with sunny days, mild winter temperatures, renowned golf courses and spa resorts that have been a popular draw for decades. Vacation rental houses and condos in La Quinta are the best way to enjoy all La Quinta and the Palm Springs and Palm Desert area have to offer. Luxury La Quinta villas and houses offered by owner are surrounded by so many ways to enjoy the outdoors in this desert oasis: swimming, golf, tennis, and hiking and biking the surrounding mountain trails. Gather family and friends for a California desert getaway, and stay in La Quinta with all the comforts of home, with full kitchens, bedrooms for everyone, and plenty of indoor and outdoor space to relax together - space and comfort you just can't find in La Quinta hotels. VRBO offers an extensive selection of La Quinta condos and vacation homes for your California desert vacation, so you can find the perfect accommodations for the two of you or your whole travel group.
Things to Do Near La Quinta Vacation Homes
La Quinta houses and villa rentals are surrounded by championship 18-hole golf courses at La Quinta Resort & Club, Trilogy at La Quinta, and SilverRock Resort. La Quinta is known as one of the premier golf destinations in the world with championship golf courses and hosts the annual Bob Hope Chrysler Classic and the Skins Game. The famous La Quinta Resort also has a huge tennis center with a variety of playing surfaces, resort swimming pools - and La Quinta Resort & Spa vacation rentals have all these amenities just steps away. Head out from your La Quinta vacation house to hike or bike the trails that access the surrounding natural open spaces and parks. Get pampered at Spa La Quinta, and check out local theatre and nightlife near La Quinta villas. Book La Quinta lodging for the annual March La Quinta Arts Festival, April's Coachella Valley Music & Arts Festival, and January's Bob Hope Chrysler Classic pro-am tournament.
Restaurants and Shopping near La Quinta Luxury Vacation Rentals
With a variety of restaurants, bistros and family favorites near VRBO vacation rentals in La Quinta, the Palm Desert area will satisfy every craving for delicious dining. Start your day at La Quinta Baking Company - or have lunch or dinner - for casual French bistro atmosphere and an assortment of French pastries. Enjoy a night out at Desert Sage Restaurant & Piano Bar or The Cliffhouse. La Quinta Resort restaurants include authentic Mexican food at Adobe Grill, the lively Sushi Bar and Lounge, and the upscale Twenty6. You'll also have a variety of casual clubhouse restaurants, family favorites and pizza places near La Quinta vacation houses.
Fun and unique shopping is just minutes from La Quinta condominiums and vacation homes. Stroll the Main Street shops and galleries in Old Town La Quinta and find gifts and treasures in a variety of boutiques, unique jewelry shops, and home furnishings and accessories shops. La Quinta Resort offers The Plaza, a lushly landscaped, open-air shopping and dining center featuring boutiques, art galleries and designer clothing stores.
Travel To and Around La Quinta, CA Lodging
It's easy to get to La Quinta vacation houses, just 45 minutes from the Palm Springs Regional Airport. La Quinta vacation rentals are about 130 miles from both Los Angeles and San Diego. La Quinta resort rentals and condos have plenty of parking space for your cars or rental car, and are just a short drive from golf courses, restaurants, entertainment and recreation in beautiful La Quinta, California.
Best Times to Book La Quinta Vacation Rentals
Most VRBO La Quinta vacation home owners offer their rentals year round. Book your ideal La Quinta condo or house for the high season, from November to May, and enjoy ideal weather and La Quinta events, art shows and festivals. Plan a La Quinta vacation from May to October for great vacation values, and take advantage of La Quinta's many swimming pools to cool off on the warmest days. Plan your California desert getaway full of fun and luxury, and choose La Quinta vacation rentals for your event, family reunion or group vacation today.


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This is located just to the right of Lurch. The first pitch is easy, 30 foot 5.4 scramble to a large ledge. There are two bomber black bolts with black chains that mark the beginning of the second pitch (you can see them from the ground). The second pitch climbs fun knobby terrain terrain, mostly 5.7-5.8 with a distinct 5.9 crux. It starts off following a very small seam with knobs up and to the right. Follow the bolts to another set of anchors with chains (or continue to the top via easy 5.6 climbing protected by one more bolt). From anchor to anchor it's just at 100 feet. Mostly protected by bolts, supplemented by the occasional gear placement. All in all, a well protected route. The initial 5.6 seam can be protected with a mirco cam 00 Purple C3. Above that there are placements for gear from 0.4 Grey Camalot to a #1 Red Camalot. Note: you can easily reach the chains at the beginning of the second pitch by rapping from the top of Morticia with a 60 meter rope. Makes for a great double route combo.
Was Aiden with Jerry on the first ascent? He was the one who told me about the route. I'd add him but I don't know his last name. Anyone?
Aidan Maguire is his name.
Soloed first pitch and led 2nd. Tricky to get in good pro at first if you do not have the right size (tiny). Climbing is really solid though. Well protected after that. Crux seemed to be the move around the bulge which has a bolt right before it and a spot for a #1 BD cam..although if you fall you will hit a ledge and it will hurt most likely. Great climb.


text:
Grace Hernandez brings sweet treats to the Cedar Valley Cancer Center in Waterloo every week.
"She comes in every Monday morning. She brings multiple things for goodies. Lots and lots of food," said Laurie Ruport with the Cedar Valley Cancer Center.
Hernandez visited the cancer center when three family members needed treatment: her mother, husband and son. She noticed many patients had to come to the center on an empty stomach, which is how she got the idea to bake treats.
"Family were trying to find things for them, and they had to leave and come back. So this way there was something here just to tide them over," said Grace Hernandez.
Hernandez previously made wedding cakes to supplement her income. She worked as a nurse at Allen Hospital in Waterloo for more than 40 years. Baking and wanting to continue working with patients is why she knew the cancer center would be a great fit for her to volunteer.
"It's wonderful for me," said Hernandez.
Grace Hernandez is at the cancer center from 8 to Noon each Monday with lots of treats she baked from scratch on Sunday.
"I'm baking between five and nine batches of goodies," she said.
The treats are available for anyone to take. Hernandez also passes the goodies out, along with coffee. She said her favorite part is getting a chance to talk with the patients and their family members.
"They like that. I've found they're frightened because they don't know what's going to happen," said Hernandez.
Hernandez said she's glad she can be a friendly face when people are going through a difficult time in their lives. Staffers say everyone appreciates her time and effort.
"She's loved. She is loved by all," said Laurie Ruport.
Hernandez has volunteered at the center for nearly four years, with no intentions of stopping.
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No. 12 Ole Miss scored in seven of the first eight innings of the game to post a 9-6 win over No. 17 Kentucky to sweep the series, on a perfect Sunday afternoon at Cliff Hagan Stadium.
Click here for the original story.
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|YMCA establishes Horizon Endowment
The YMCA of the Northwoods recently announced that it established the Horizon Endowment.
"The Horizon Endowment was founded to support our mission and help secure the financial future of our Y," said Laurie Schlitt, interim CEO. "Your investment in the Horizon Endowment will enable the Y to support capital development, capital equipment, maintenance projects and pilot programs."
Endowments are funds used by nonprofit organizations to further their work. An endowment differs from other types of funding in that the principal of the fund is not spent.Interest the endowment earns from investments is used to
|Tuesday, September 03, 2013 5:20 PM


text:
|West Coast Hotel's Place in American Constitutional History
|G. Edward White, Monday, 24 September 2012 [View as PDF]
This year marks the seventy-fifth anniversary of West Coast Hotel Co. v. Parrish,1 which for many years has been part of one of the central narratives of twentieth-century American constitutional history. In that narrative, West Coast Hotel represents the Supreme Court's abandonment of a constitutional jurisprudence featuring aggressive scrutiny of legislation that regulated economic activity or redistributed economic benefits. Prior to West Coast Hotel, successive Court majorities treated state and federal minimum-wage legislation as interfering with the "liberty" of employers and employees to bargain for the terms of employee services. In West Coast Hotel, the Court upheld minimum-wage legislation in the face of this "liberty of contract" argument, and, according to the traditional narrative, the change in the Court's posture was triggered by the introduction of a plan by the Roosevelt Administration to alter the membership of the Court.2
This Essay seeks to show that the conventional narrative is misleading and distorts the significance of West Coast Hotel. It also seeks to show that West Coast Hotel's significance comes from its position in a different narrative, one featuring clashing views on the issue of constitutional adaptivity: how the general provisions of the Constitution are adapted to new controversies and whether the meaning of those provisions can be said to change in the process. In that narrative the interpretive postures of "originalism" and "living Constitution" jurisprudence make their appearance, serving to tie West Coast Hotel to contemporary debates about constitutional interpretation.I. West Coast Hotel and the "Court-Packing/Constitutional Revolution" Narrative
In the June 1936 decision Morehead v. New York ex rel. Tipaldo, a five-to-four majority of the Court declared a New York minimum-wage statute unconstitutional.3 The Roosevelt Administration responded in February 1937 by proposing legislation that would have given an incumbent President the power to name a new Justice to the Court each time a sitting Justice who reached the age of seventy declined to retire.4 Meanwhile, the Supreme Court of Washington upheld a state minimum-wage statute, and the U.S. Supreme Court took that decision under review, hearing arguments in the fall of 1936. When the Washington State case—West Coast Hotel Co. v. Parrish—was eventually decided on March 29, 1937, the Court upheld the statute, distinguishing5 Tipaldo and overruling6 Adkins v. Children's Hospital,7 an earlier decision in which it declared a minimum-wage law of the District of Columbia unconstitutional. Justice Owen Roberts, who had been with the majority that invalidated the New York statute in Tipaldo, joined the majority in West Coast Hotel to provide the fifth vote sustaining the Washington State legislation.
Contemporary commentators observing the sequence of events thought they knew what had happened. The constitutional historian William Leuchtenburg characterizes their reaction:
For Leuchtenburg and many other scholars, West Coast Hotel represented the beginning of a "Constitutional Revolution" in which the Court abandoned searching scrutiny of social and economic legislation in favor of a more deferential stance. As Leuchtenburg puts it,
Leuchtenburg's commentary, written in 1995, illustrates that one of the first explanations offered by contemporaries for the outcome in West Coast Hotel had become orthodoxy in twentieth-century constitutional history. According to that narrative, President Roosevelt's "Court-packing" plan pressured the Court into modifying its approach toward "socioeconomic legislation," and the resultant deferential approach engendered a "Constitutional Revolution."
The "Court-packing/constitutional revolution" narrative grew in prominence because it resonated with mid- and late-twentieth-century commentators on the Court. First, it pictured a Court that was highly immersed in politics. Aware that its reluctance to approve "popular" legislation would endanger the Court's traditional composition, the Justices "switched" their votes to "save" the institution. Second, the narrative implicitly characterized constitutional review of state legislation as ideological. By deriving a doctrine of liberty of contract from the Due Process Clauses of the Fifth and Fourteenth Amendments, the Court had privileged a particular "free market" view of labor relations; by deferring to state redistributive and regulatory legislation, West Coast Hotel and its progeny privileged an alternative view. Either way, a Justice's stance reflected a political judgment. Thus, the "Court-packing/constitutional revolution" explanation of West Coast Hotel recognized the Justices as a species of political actors, a view that resonated with behaviorist theories of judicial decisionmaking that were in currency among twentieth-century commentators.10
As a result of that resonance, West Coast Hotel became one of the lodestones of the "Court-packing/constitutional revolution" narrative, which remained entrenched among American constitutional commentators for nearly sixty years after the decision. But beginning in the 1990s, that narrative began to fall apart.
II. Problems with the "Court-Packing/Constitutional Revolution" Narrative
Problems with the narrative emerged when scholars began taking a closer look at its causal underpinnings. In order for the decision in West Coast Hotel to represent a "switch" in response to the introduction of the Court-packing plan, it was necessary to establish that Justice Roberts had decided to treat that case differently from Tipaldo after hearing of the Court-packing proposal, which was first introduced in February 1937. But internal evidence from Court papers revealed that the Justices' conference on West Coast Hotel had taken place on December 19, 1936, and that Justice Roberts had voted at that conference to sustain the Washington statute.11 Moreover, although not all the Justices were present at that conference, it was known that the absent Justice, Harlan Fiske Stone, would vote to sustain the state law.12 When Justice Stone returned to the Court in early February, he cast his vote, and Chief Justice Hughes began drafting an opinion. Once the Court-packing plan was announced, Chief Justice Hughes waited to release his opinion until late March, for he did not want to convey the impression that the Court was reacting to the plan.13
The stated rationale for President Roosevelt's Court-packing plan was an asserted relationship between the age of the Justices on the Court and the Court's workload.14 In a letter to the Senate committee considering the plan, Chief Justice Hughes demonstrated that the Court was not behind in its docket, but it was clear that the Justices were tending to remain on the Court longer, sometimes into their seventies.15 One reason for the lengthening tenure of the Justices was that the benefits for retired Justices were inadequate. Shortly after the Court-packing plan was announced, a bill to enable the Justices to retire at full pay, which the House had declined to act on in 1935, was reintroduced and passed.16 This action made it easier for Justices Willis Van Devanter and George Sutherland, both of whom were contemplating retirement, to leave the Court. But both were reluctant to do so after the Court-packing plan was announced, out of a concern that they would be regarded as having succumbed to pressure.17
Thus, the causal assumptions underlying the conventional narrative of Court-packing did not hold up under close scrutiny; neither did the assumption that Justice Roberts's "switch" was a response to external events. In a memorandum published after his death, Justice Roberts provided an explanation for why he voted differently in West Coast Hotel and Tipaldo. He explained that he believed that the Court should have revisited Adkins v. Children's Hospital in Tipaldo, the District of Columbia minimum-wage case, with an eye toward overruling Adkins. However, the New York Attorney General argued that overruling that precedent was not necessary to sustain the New York statute, and the Court felt that taking up Adkins would be inappropriate.18 Justice Roberts therefore decided to invalidate the New York statute on the basis of Adkins and to wait for a case where the Court was required to squarely reconsider Adkins. West Coast Hotel was that case because the Washington State statute had been passed before Adkins and was nearly identical to the District of Columbia statute at issue in Tipaldo.19
Although commentators have not always regarded Justice Roberts's explanation for his differing votes in Tipaldo and West Coast Hotel as legally satisfying,20 it does establish that his "switch" had nothing to do with the introduction of the Court-packing plan. Justice Roberts had already "switched" his vote before the plan was introduced, and his switch was based on internal doctrinal reasons, whether coherent or not.21
The final difficulty with the Court-packing narrative is that it gives a false impression of the Court's approach to judicial review in West Coast Hotel. For example, Leuchtenburg states that "[m]any commentators believe that the Court . . . forever abandoned its power of judicial review" of national or state socioeconomic legislation.22 By describing that stance as triggering a "Constitutional Revolution,"23 Leuchtenburg appears to associate West Coast Hotel with rational basis review of legislation affecting "ordinary commercial transactions," where the Court presumes such legislation is constitutional.24
But none of the opinions in West Coast Hotel adopted rational basis review. Instead, the Justices treated the case as a garden-variety, early-twentieth-century case involving the police power and due process, similar to Lochner v. New York.25 As Chief Justice William Howard Taft put it in his dissent in Adkins, the Justices in those cases "laboriously engaged in pricking out" a boundary of the police power "beyond which its exercise becomes an invasion of the guaranty of liberty under the Fifth and Fourteenth Amendments."26 Judicial "boundary pricking" was not rational basis review; it was a posture in which the Justices, adopting the equivalent of what would later be called heightened scrutiny,27 sought to place a case on one side of the line between an appropriate exercise of the police power and an impermissible invasion of private "liberties." Liberty-of-contract analysis was one example of that approach, and both the majority and the dissenting Justices adopted it in West Coast Hotel. The majority's "boundary pricking" analysis emphasized that the statute specifically referred to female workers, and it also underscored the State's power to protect the health of female employees.28 The dissent emphasized the liberty to bargain for employment services that the Court recognized in Adkins.29
III. "Boundary Pricking" in the West Coast Hotel Opinions
Both the majority and the dissenting opinions in West Coast Hotel Co. v. Parrish focused their attention on "pricking" the boundary between legitimate exercises of the police power and impermissible invasions of private liberties. Chief Justice Hughes, writing for the majority, conceded that "liberty" in the Due Process Clauses had previously been interpreted as protecting "freedom of contract," but he noted that "the liberty safeguarded is liberty in a social organization which requires the protection of law against the evils which menace the health, safety, morals and welfare of the people."30 He then sketched a rationale for the statute in West Coast Hotel:
In contrast, Justice Sutherland, writing for the four dissenters, noted that "freedom of contract was the general rule and restraint the exception."32 He elaborated that "minimum wage legislation such as that [involved in West Coast Hotel] does not deal with any business charged with a public interest, or with public work, or with a temporary emergency, . . . or with the protection of persons under a legal disability, or with the prevention of fraud."33 The statute under review in West Coast Hotel, Justice Sutherland concluded, was "simply and exclusively, a law fixing wages for adult women who are legally as capable of contracting for themselves as men."34 In Justice Sutherland's view, sex difference "affords no reasonable ground for making a restriction applicable to the wage contracts of all working women . . . . Certainly a suggestion that the bargaining ability of the average woman is not equal to that of the average man would lack substance."35
The passages above suggest that both the majority and dissenting Justices viewed West Coast Hotel as requiring the conventional balancing of liberty-of-contract interests against the power of the State to protect women against their own bargaining weaknesses; the Justices differed on where to draw the boundary line. Under this reading, West Coast Hotel is part of a long line of police power/due process decisions, stretching back to the Lochner era, where different majorities of the Court found that liberty-of-contract principles sometimes provided a basis to invalidate police power statutes and sometimes yielded to one or another of the rationales for exercising the police power. As evidence of this continuity, Chief Justice Hughes's opinion quoted one of those latter cases, Muller v. Oregon,36 in which the Court concluded that an Oregon statute limiting the working hours of women was an appropriate exercise of the police power to "protect[] women against oppression despite her possession of contractual rights."37 Thus, the methodology adopted by all the Justices in West Coast Hotel was that which the Court had employed in police power/due process cases for the previous three decades. In that respect, West Coast Hotel was neither a path-breaking nor a remarkable case.
IV. West Coast Hotel and Constitutional Adaptivity
As an early-twentieth-century police power/due process case in which the Justices primarily disagreed over the location of the particular boundary between public power and private rights, West Coast Hotel does not merit landmark status. But there is a dimension to West Coast Hotel that enables it to be placed in another narrative of early-twentieth-century constitutional history, one with contemporary significance. That narrative features a clash between two opposing theories of constitutional interpretation, now typically referred to as originalism and living Constitution jurisprudence. Although those theories are conventionally thought to center on the appropriate sources of constitutional interpretation, at bottom they are about something else: the capacity of the Constitution to adapt to new conditions, or the question whether the meaning of constitutional provisions can be said to change over time.
In the same paragraph in which he argued that the Washington Supreme Court's decision to sustain the minimum-wage statute "demands . . . a reexamination of the Adkins case," Chief Justice Hughes listed, among the reasons for reexamining Adkins, "the economic conditions which have supervened, . . . in the light of which the reasonableness of the exercise of the protective power of the State must be considered."38 Those conditions, the Chief Justice believed, "make it not only appropriate, but we think imperative, that in deciding the present case the subject should receive fresh consideration."39
Chief Justice Hughes's argument about current economic conditions demanding "fresh consideration" of the statute in West Coast Hotel was noteworthy because the statute had been enacted in 1913. He appeared to be saying that the "reasonableness" of the exercise of Washington's police power should not simply be determined by considering conditions at the time of the statute's passage, but also of the supervening economic conditions that arose between 1913 and 1937.
Justice Sutherland pounced on this language in his dissent. He wrote: "It is urged that the question involved should now receive fresh consideration, among other reasons, because of 'the economic conditions which have supervened'; but the meaning of the Constitution does not change with the ebb and flow of economic events."40
Elsewhere, in advancing reasons for viewing the Washington statute as a reasonable exercise of the State's police power, Chief Justice Hughes wrote:
In effect, the Chief Justice was arguing that judges could consider "the unparalleled demands for relief" that had arisen in the 1930s, even though the inquiry was whether the Washington statute constituted a reasonable exercise of the police power in 1913. Justice Sutherland understood Chief Justice Hughes to be suggesting "that the words of the Constitution mean today what they did not mean when written."42 Such an effort was, in his judgment, "to rob [the Constitution] of the essential element which continues it in force,"43 its binding character over time.
"We frequently are told," Justice Sutherland noted, "that the Constitution must be construed in the light of the present."44 But he interpreted that statement to mean that "the Constitution is made up of living words that apply to every new condition which they include."45 That interpretation was not the same thing as saying that the meaning of the Constitution changed with time. In taking this position, Justice Sutherland was associating himself with a traditional view of constitutional interpretation that dated back at least to the Marshall Court. The traditional view assumed that the provisions of the Constitution embodied foundational principles of governance in America that were to be reasserted over time. New cases were exercises in the application of those principles, not in the reframing of them.46
There were two components to the traditional view. One was that the Constitution, as a document intended to "endure" that contained provisions couched in general terms, was intended to be "adapted to the various crises of human affairs."47 As Justice Sutherland explained, the Constitution's words were "living" in the sense of "apply[ing] to every new condition which they include,"48 i.e., new cases coming out of new social contexts. But this adaptation was limited to conditions that the language of the Constitution "included." Applying constitutional provisions to new situations, Justice Sutherland thought, gave judges an opportunity to reassert the Constitution's first principles.49 Constitutional adaptivity was an exercise in which the meaning of the Constitution was reaffirmed rather than changed.50
The other component of the traditional view was that judges had no authority to depart from the language of the Constitution in deciding cases. They could only decide cases in accordance with the law, including constitutional provisions. Thus it was inappropriate for a judge to "say," as Justice Sutherland put it, "that the words of the Constitution mean today what they did not mean when written," or that "they do not apply to a situation now to which they would have applied then."51 The application of the Constitution to new cases and new situations needed to be faithful to what in today's parlance would be the "original understanding" of those provisions.
It was perhaps ironic that Justice Sutherland advanced that view of constitutional interpretation in a police power/due process case where one of the constitutional principles he applied was that of liberty of contract. As Chief Justice Hughes correctly noted in West Coast Hotel, "The Constitution does not speak of freedom of contract."52 Liberty of contract was a judicial gloss on "liberty" in the Due Process Clauses.53 Thus, West Coast Hotel was perhaps an odd instance for advancing a theory that the meaning of constitutional provisions does not change, since it was late-nineteenth- and early-twentieth-century judges who supplied the liberty-of-contract gloss, not the Framers of those Clauses.
Still, even if liberty of contract's status as a foundational constitutional principle was shaky, the principle at least made reference to the constitutional text. In contrast, the West Coast Hotel majority's references to "economic conditions which have supervened,"54 "unparalleled demands for relief,"55 and community "subsid[ies] for unconscionable employers"56 appeared to be well outside what Justice Sutherland believed were the parameters of judicial interpretation of constitutional provisions. Instead, they seemed consistent with the Chief Justice's view of constitutional meaning. Discussing "liberty," Chief Justice Hughes wrote:
Chief Justice Hughes's conception seemed to allow judges to explore the "connotation" of liberty in "each of its phases."58 When subject to "regulation which is reasonable in relation to its subject and is adopted in the interests of the community," judges could explore the historical context of regulatory efforts to determine whether they were consistent with the current meaning of liberty.59 Taking notice of supervening economic conditions and unparalleled demands for relief was an appropriate form of exploration. The reasonableness of restrictions on liberty could be gleaned from such inquiries.
Under this approach to constitutional interpretation, the meaning of "liberty" in the Due Process Clauses could change over time. When the Court decided West Coast Hotel, some Americans may have believed that autonomous individuals bargained for the terms of their employment, that such negotiation was an exercise of free will, and that the State had no business interfering with employment relationships. Others may have believed that employers who took advantage of their superior bargaining power were "unconscionable" and should not be subsidized by the community at large. If the "interests of the community" were relevant in police power/due process cases, judges might conclude that regulations of employment bargaining were regarded as "arbitrary" at some times and "reasonable" at others. If so, the meaning of liberty in the Due Process Clauses would turn on the shifting attitudes of legislators and their constituents.
By the time the Court decided West Coast Hotel, three decades of judicial pricking of the boundary between public power and private rights had resulted in a far-from-uniform understanding of the meaning of "liberty" in police power cases. However, Justice Sutherland feared that Chief Justice Hughes's argument, that the Court could examine economic data from the 1930s to determine the constitutionality of a statute passed in 1913, would open the door to contextual readings of the Constitution and thereby rob it of any finite meaning. Thus, at stake in West Coast Hotel was the question of what counted in constitutional interpretation: reaffirming foundational constitutional principles or taking judicial notice of altered social and economic conditions. The Chief Justice suggested that the former approach would prevent the Constitution from adapting to new contexts; Justice Sutherland suggested that the latter approach overstepped interpretive boundaries and ran the risk of undermining the Constitution's status as a foundational document.
Neither opinion in West Coast Hotel used the terms "originalism" or "living Constitution" to describe their approaches to constitutional interpretation. But it is now clear how the case, along with Home Building & Loan Ass'n v. Blaisdell,60 was one of the first illustrations in American constitutional history of those clashing approaches.61 In Blaisdell, the Court permitted the state of Minnesota to alter the terms of mortgage agreements in light of an "economic emergency,"62 notwithstanding traditional understandings of the Contracts Clause. Likewise, in West Coast Hotel, a traditional interpretation of a constitutional provision—the meaning of "liberty" in the Due Process Clauses—stood in the way of achieving some perceived social good. In both cases Chief Justice Hughes, writing for the majority, conceded that he took changing social and economic conditions into account to interpret the Constitution, and Justice Sutherland, in dissent, found that stance illegitimate.
West Coast Hotel is one of the early landmark cases of another narrative of twentieth- and twenty-first-century constitutional history, one characterized by a debate about whether the Constitution adapts to change or remains an embodiment of foundational principles. In that narrative, Chief Justice Hughes's exploration of the changing context of judicial decisionmaking represents living Constitutionalism, and Justice Sutherland's insistence that "the words of the Constitution mean today what they . . . mean[t] when written"63 is an example of originalism. The former approach has been criticized as leading to unconstrained judicial interpretation,64 while the latter has been accused of freezing the meaning of constitutional provisions in time.65 Taken together, however, the opposing approaches frame the central problem of constitutional interpretation in America: how judges can preserve the vitality of an authoritative document whose provisions were mostly drafted in the eighteenth and nineteenth centuries.
Ultimately, the narrative in which West Coast Hotel prominently figures is about the meaning of constitutional adaptivity. Why should the placement of West Coast Hotel in that particular narrative matter? One reason is simply to set the historical record straight by clearing away an erroneous and potentially distracting perception of the case's significance in twentieth-century American constitutional history. But there is another, arguably more compelling reason.
Adapting the Constitution's provisions to new cases—the products of new circumstances—remains a central task of the Court. In addition, the Constitution remains a document whose provisions have primarily been drafted and ratified in epochs in the relatively distant past. So the fashioning of an interpretive theory that best satisfies the conception of an "enduring" Constitution that "adapts" itself to the "various crises of human affairs" would seem to be at the heart of constitutional adjudication. Originalism and living Constitution jurisprudence represent competing contemporary efforts to fashion such a theory, and West Coast Hotel represents the sort of case that can throw those theories into sharp relief. That it is how West Coast Hotel should best be understood.
G. Edward White is the David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law.
Preferred citation: G. Edward White, West Coast Hotel's Place in American Constitutional History, 122 Yale L.J. Online 69 (2012), http://yalelawjournal.org/2012/09/24/white.html.
The dominance of this view of West Coast Hotel can be seen in comments in encyclopedia entries. See, e.g., Stanley I. Kutler, West Coast Hotel Co. v. Parrish, in 4 Encyclopedia of the American Constitution 2045 (Leonard W. Levy, Kenneth L. Karst & Dennis J. Mahoney eds., 1st ed. 1986) ("[The] decision . . . signaled a seismic shift in judicial philosophy toward acceptance of the validity of social and economic legislation. . . . [It] reflected a new, favorable judicial attitude toward the New Deal, thus defusing Franklin D. Roosevelt's court-packing proposal."); C. Herman Pritchett, The Chambermaid's Revenge, in Historic U.S. Court Cases 1690-1990: An Encyclopedia 279 (John W. Johnson ed., 1992) ("Parrish's case . . . signaled the surrender of the Court to President Roosevelt's New Deal.").
The proposal was part of a larger bill to reorganize the federal judiciary. For the substance of the Roosevelt Administration's proposal, see 81 Cong. Rec. 876, 877-81 (1937).
See West Coast Hotel, 300 U.S. at 382.
See id. at 400.
261 U.S. 525 (1923), overruled by West Coast Hotel, 300 U.S. 379.
William E. Leuchtenburg, The Supreme Court Reborn: The Constitutional Revolution in the Age of Roosevelt 177 (1995).
Id. at 178.
For example, in a 1942 article, political scientist C. Herman Pritchett characterized "[t]he essential nature of the task of a Supreme Court Justice" as "not unlike that of a Congressman." C. Herman Pritchett, The Voting Behavior of the Supreme Court, 1941-42, 4 J. Pol. 491, 491 (1942). According to Pritchett, both were "confronted periodically with important issues of public policy" and "must formulate a conclusion and register [a] vote" on such issues. Id. For a general discussion of judicial behavioralism in early-twentieth-century commentary, see Neil Duxbury, Patterns of American Jurisprudence 114-35 (1995); and G. Edward White, The Constitution and the New Deal 171-97 (2000). Behaviorist interpretations of the Court's response to the Court-packing plan continue to appear in twenty-first-century sources. See, e.g., Jeff Shesol, Supreme Power: Franklin Roosevelt vs. the Supreme Court (2010) (providing a narrative history of the confrontation between President Roosevelt and the Court); see also Daniel Ho & Kevin M. Quinn, Did a Switch in Time Save Nine?, 2 Legal Analysis 69 (2010) (using econometric techniques to quantify Justice Roberts's temporary leftward shift).
See Barry Cushman, Rethinking the New Deal Court: The Structure of a Constitutional Revolution 18 (1998), which cites both an unpublished memorandum by Justice Roberts of November 9, 1945, quoted in Felix Frankfurter, Mr. Justice Roberts, 104 U. Pa. L. Rev. 311, 314-15 (1955), and Joseph Alsop & Turner Catledge, The 168 Days, at 140 (1938).
See Cushman, supra note 11, at 18.
See id.
See id. at 11.
See id. at 11, 17-18.
See Act of Mar. 1, 1937, ch. 21, 50 Stat. 24 (codified as amended at 28 U.S.C. §§ 294, 375 (2006)); see also Cushman, supra note 11, at 15 (describing the reintroduction and quick passage of the bill).
See Cushman, supra note 11, at 20.
See Morehead v. New York ex rel. Tipaldo, 298 U.S. 587, 604-05 (1936) ("The petition for the writ sought review upon the ground that this case is distinguishable from [Adkins]. . . . This court confines itself to the ground upon which the writ was asked or granted.").
For a full discussion of Justice Roberts's posture in Tipaldo, see Cushman, supra note 11, at 92-104.
Cushman summarizes a variety of the critical reactions to Justice Roberts's position in Tipaldo. See id. at 98-99.
As Cushman puts it,
Leuchtenburg, supra note 8, at 178.
Cf. United States v. Carolene Prods. Co., 304 U.S. 144, 152 (1938) ("[R]egulatory legislation affecting ordinary commercial transactions is not to be pronounced unconstitutional unless in the light of the facts made known or generally assumed it is of such a character as to preclude the assumption that it rests on some rational basis."). Carolene Products was the first decision in which the Court adopted a "presumption of constitutionality" for such legislation. For more detail, see G. Edward White, Historicizing Judicial Scrutiny, 57 S.C. L. Rev. 1, 68-69 (2005).
Adkins v. Children's Hosp., 261 U.S. 525, 562 (1923) (Taft, C.J., dissenting).
For more detail, see White, supra note 24, at 44-46, 57-59. In "boundary pricking" cases, the Court did not use the language of heightened scrutiny, assuming that it would undertake searching review of any legislation challenged on constitutional grounds. Jurisprudence involving different levels of scrutiny is a post-Carolene Products phenomenon. For more detail, see id. at 71-76.
West Coast Hotel Co. v. Parrish, 300 U.S. 379, 394 (1937).
See id. at 405-06 (Sutherland, J., dissenting).
Id. at 391 (majority opinion).
Id. at 398.
Id. at 406 (Sutherland, J., dissenting).
Id. at 407.
Id. at 413.
West Coast Hotel, 300 U.S. at 394 (majority opinion) (citing Muller, 208 U.S. at 422).
Id. at 390.
Id. at 402 (Sutherland, J., dissenting).
Id. at 399 (majority opinion).
Id. at 403 (Sutherland, J., dissenting).
Id. at 402.
Id. at 402-03.
That is what Chief Justice John Marshall meant when he stated that the Constitution is "a constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs." McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316, 415 (1819).
See id.
West Coast Hotel, 300 U.S. at 403 (Sutherland, J., dissenting).
That was the same attitude that Chief Justice Marshall maintained. For more detail, see G. Edward White, The Marshall Court and Cultural Change, 1815-1835, at 8-9 (The Oliver Wendell Holmes Devise, History of the Supreme Court of the United States, vols. 3-4, 1988).
For more detail on the persistence of this view in the early twentieth century, see White, supra note 10, at 206-11.
West Coast Hotel, 300 U.S. at 403 (Sutherland, J., dissenting).
Id. at 391 (majority opinion).
U.S. Const. amend. V ("No person shall . . . be deprived of life, liberty, or property, without due process of law . . . ."); id. amend. XIV, § 1 ("No State shall . . . deprive any person of life, liberty, or property, without due process of law . . . .").
West Coast Hotel, 300 U.S. at 390 (majority opinion).
Id. at 399.
Id. at 391.
For more detail on the emergence of living Constitution jurisprudence in the second decade of the twentieth century, the contrast between that view of constitutional interpretation and the traditional view, and the appearance of a living Constitution approach to constitutional adaptivity in Blaisdell, see White, supra note 49, at 204-15.
Blaisdell, 290 U.S. at 422-23.
West Coast Hotel, 300 U.S. at 403 (Sutherland, J., dissenting).
See, e.g., Diarmuid F. O'Scannlain, Today's Senate Confirmation Battles and the Role of the Federal Judiciary, 27 Harv. J.L. & Pub. Pol'y 169, 179 (2003).
See, e.g., Robert W. Gordon, The Struggle over the Past, 44 Clev. St. L. Rev. 123, 132 (1996).


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text:
Eastern Washington moved up one spot to No. 6 in the SportsNetwork's FCS Top 25 poll released Monday.
The Eagles (4-1) were helped by Youngstown State getting crushed by No. 1 North Dakota State 48-7 on Saturday. Youngstown State fell five spots to No. 8.
The new ranking sets up an important game on Saturday, as the Eagles travel to Montana to face No. 2 Montana State. This weekend's game will likely create a change in the top 10, as well as determine the course of the Big Sky Conference for the rest of the season.
Also worth noting: Cal Poly (5-0) moved from No. 20 to No. 15 after an impressive 45-23 win over Weber State. Northern Arizona (4-1) moved up two spots to No. 16.