text:
Kristin Perry, et al v. Arnold Schwarzenegger, et al
Filing 426
COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry is in cases 12-15388 and 12-15409. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Organization for Marriage. Date of service: 06/11/2012. [8209619] [10-16696, 11-16577] (WCD)
NO. 10-16696 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KAREN GOLINSKI, Plaintiff-Appellee, v. UNITED STATES OFFICE OF PERSONNEL MANAGEMENT and JOHN BERRY Defendants-Appellants. Appeal from United States District Court for the Northern District of California Civil Case No. C 10-00257 JSW (Honorable Jeffrey S. White) BRIEF OF AMICUS CURIAE, NATIONAL ORGANIZATION FOR MARRIAGE, IN SUPPORT OF INTERVENOR-APPELLANT BIPARTISAN LEGAL ADVISORY GROUP OF THE UNITED STATES HOUSE OF REPRESENTATIVES. William C. Duncan MARRIAGE LAW FOUNDATION 1868 N 800 E Lehi, UT 84043 Phone: (801) 367-4570 firstname.lastname@example.com Joshua K. Baker NATIONAL ORGANIZATION FOR MARRIAGE 2029 K Street NW, Suite 300 Washington, DC 20006 Phone: (888) 894-3604 Fax: (866) 383-2074 firstname.lastname@example.com i CORPORATE DISCLOSURE STATEMENT Pursuant to Federal Rule of Appellate Procedure 26.1, the undersigned states that the amicus is not a corporation that issues stock or has a parent corporation that issues stock. /s/William C. Duncan William C. Duncan Counsel for the Amicus June 11, 2012 ii Statement of Compliance with Rule 29(c)(5) This brief is submitted pursuant to Rule 29(a) of the Federal Rules of Appellate Procedure with the consent of all parties. No party's counsel authored the brief in whole or in part; no party or party's counsel contributed money that was intended to fund preparing or submitting the brief; and no person other than the amicus curiae, its members, or its counsel, contributed money that was intended to fund preparing or submitting the brief. /s William C. Duncan William C. Duncan Counsel for Amicus Curiae June 11, 2012 iii Table of Contents Table of Authorities ................................................................................................... v Interest of the Amicus and Consent to File ................................................................ 1 ARGUMENT ............................................................................................................. 1 I. DOMA is entirely consistent with longstanding precedent in which Congress defines terms, including terms related to domestic relations and marriage, as used in federal law.. ......................................................................................... 1 A. Congress has a duty to establish a definition of marriage for federal statutes, and DOMA neither commandeers state governments nor dictates the internal operations of state governments. .................................................. 2 B. Historical and current precedent and practice show that Congress has always been free to define terms as used in federal statutes, even in areas related to marriage and domestic relations. ..................................................... 4 C. The federal government's significant involvement in defining marriage for federal law purposes extends back to the Nineteenth Century and was approved by the U.S. Supreme Court. ........................................................... 13 D. The efforts of the court below, and similar attempts, to distinguish this precedent are unavailing. ............................................................................... 16 D. The analysis of the court below, if applied in other contexts, would dramatically alter state and federal relations. ................................................17 II. The court below ignored crucial state interests in marriage that amply justify Congress' decision to enact DOMA. ............................................................. 18 CONCLUSION ........................................................................................................ 23 iv Table of Authorities Cases Adams v. Howerton, 673 F.2d 1036, 1040–41 (9th Cir. 1994) .................................8 Andersen v. King County, 158 Wash. 2d 1, 138 P.3d 963, 1002 (Wash. 2006) .....22 Astrue v. Capato, 566 U.S. __ (2012) ........................................................................6 Boggs v. Boggs, 520 U.S. 833, 854 (1997) .............................................................10 De Sylva v. Ballentine, 351 U.S. 570, 582 (1956) ..................................................11 Deane v. Conaway, 401 Md. 219, 932 A.2d 571, 630-631 (Md. 2007) ..................21 Garcia-Jaramillo v. INS, 604 F.2d 1236, 1238 (9th Cir. 1979) .................................8 Goodridge v. Department of Public Health, 440 Mass. 309, 798 N.E.2d 941, 995996 (Mass. 2003) ..................................................................................................22 Hernandez v. Robles, 7 N.Y.3d 338, 359,855 N.E.2d 1 (NY 2006) .......................21 In re Appeal of O'Rourke, 310 Minn. 373, 246 N.W.2d 461, 462 (Minn. 1976) .....8 Kleinfield v. Veruki, 173 Va. App. 183, 372 S.E.2d 407, 410 (Va. Ct. App. 1988).8 Lutwak v. United States, 344 U.S. 604, 611 (1953) ..................................................8 Mansell v. Mansell, 490 U.S. 581, 594–95 (1989) ....................................................9 Massachusetts v. Department of Health and Human Services, No. 10-2204 (1st Cir. 2012) ............................................................................................................ 3, 7, 16 McCarty v. McCarty, 453 U.S. 210, 232–33, 236 (1981) .........................................9 McCune v. Essig, 199 U.S. 382 (1905) .....................................................................8 Morrison v. Sadler, 821 N.E.2d 15, 24-25 (Indiana App. 2005) .............................22 Nihiser v. Comm'r, 95 T.C.M. (CCH) 1531 (2008) ................................................12 Perkins v. Comm'r, 95 T.C.M (CCH) 1165 (2008).................................................12 Proctor v. Comm'r, 129 T.C. 92 (2007) ..................................................................12 Reynolds v. United States, 98 U.S. 145 (1878) .......................................................15 Shaver v. Shaver, 736 F.2d 1314, 1316 (9th Cir. 1984) ..........................................12 Stout v. Prussel, 691 F.2d 859, 861 (9th Cir. 1982) ................................................12 United States v. Jordan, 30 C.M.R. 424, 429–30 (1960) ...........................................9 United States v. Richardson, 4 C.M.R. 150, 158–59 (1952) .....................................9 United States v. Rohrbaugh, 2 C.M.R. 756, 758 (1952)............................................9 United States v. Sacco, 428 F.2d 264, 267–68 (9th Cir. 1970) .................................8 Wissner v. Wissner, 338 U.S. 655, 658 (1950) .......................................................10 Yiatchos v. Yiatchos, 376 U.S. 306, 309 (1964) .....................................................10 v Statutes 10 U.S.C. §1408 .........................................................................................................9 24 Stat. 635 (1887) ...................................................................................................14 26 U.S.C. § 7703(a)(2), (b) ......................................................................................12 8 U.S.C. § 1154(a)(2)(A) (2006) ...............................................................................8 8 U.S.C. § 1255(e) .....................................................................................................8 Act of Feb. 10, 1855, 10 Stat. 604 (1855) .................................................................7 Act of Feb. 3, 1831, ch. 16, 4 Stat. 436 (1831) ........................................................11 Act of July 4, 1836, ch. 362, 5 Stat. 127, 127–28 (1836) ..........................................9 Act of June 27, 1890, ch. 634, 26 Stat. 182, 182–83 (1890) .....................................9 Act of Mar. 3, 1803, 2 Stat. 229 (1803) .....................................................................8 Homestead Act of 1862, 12 Stat. 392 (1862) ............................................................8 Land Act of 1804, 2 Stat. 283 (1804) ........................................................................8 Naturalization Act of 1802, 2 Stat. 153 (1802) .........................................................7 Other Authorities Census Bureau Urges Same-Sex Couples to be Counted, USA TODAY, April 6, 2010.......................................................................................................................11 Census to Recognize Same-Sex Marriages in '10 Count, N.Y. TIMES, June 21, 2009 ...............................................................................................................................11 General Counsel of the U.S. Department of Commerce, "Collecting and Reporting Census Data Relating to Same-Sex Marriages" July 30, 2009 ............................11 H.R. REP. NO. 95-595, at 364 (1977) .......................................................................12 House Report 104-664 (July 9, 1996) ......................................................................20 KENNETH R. REDDEN, FEDERAL REGULATION OF FAMILY LAW § 6.5 (1982)...........12 Linda D. Elrod & Robert G. Spector, A Review of the Year in Family Law 2007– 2008: Federalization and Nationalization Continue, 42 Fam. L.Q. 713, 713, 751 (2009) ......................................................................................................................5 Linda D. Elrod & Robert G. Spector, A Review of the Year in Family Law 2007– 2008: Federalization and Nationalization Continue, 42 FAM. L.Q. 713, 714–15 (2009) ....................................................................................................................12 Lynn D. Wardle, Section Three of the Defense of Marriage Act: Deciding, Democracy, and the Constitution 58 DRAKE L. REV. 951 (2010). .........................7 Rev. Rul. 76-255, 1976-2 C.B. 40 ...........................................................................12 vi Richard A. Epstein, Judicial Offensive Against Defense of Marriage Act, FORBES, July 12, 2010 at http://www.forbes.com/2010/07/12/gay-marriagemassachusetts-supreme-court-opinions-columnists-richard-a-epstein.html ........17 U.S. Census Bureau, "A Census That Reflects America's Population" at http://www.washingtonpost.com/wpsrv/nation/documents/same_sex_talking_points.pdf ............................................11 U.S. CENSUS BUREAU, MEASURING AMERICA: THE DECENNIAL CENSUS FROM 1790 TO 2000, at 9 (2002)...............................................................................................11 Regulations 73 Fed. Reg. 37997 (July 2, 2008) ...........................................................................12 vii Interest of the Amicus and Consent to File The National Organization for Marriage (NOM) is a nationwide, non-profit organization with a mission to protect marriage and the faith communities that sustain it. NOM was formed in response to the need for an organized opposition to same-sex marriage in state legislatures and it serves as a national resource for marriage-related initiatives at the state and local level, having been described by the Washington Post as "the preeminent organization dedicated to preventing the legalization of same-sex marriage." Monica Hesse, "Opposing Gay Unions With Sanity and a Smile" Washington Post, August 28, 2009, at C01. The outcome of this litigation will not only impact NOM's ability to pursue its mission in states throughout the 9th Circuit but will have implications nationally. The National Organization for Marriage is exempt from federal income tax under Internal Revenue Code § 501(c)(4). All parties have consented to the filing of this amicus brief. ARGUMENT I. DOMA is entirely consistent with longstanding precedent in which Congress defines terms, including terms related to domestic relations and marriage, as used in federal law. 1 The court below found that "DOMA marks a stark departure from tradition and a blatant disregard of the well-accepted concept of federalism in the area of domestic relations." Order at 39. Whatever the origin for the court's misunderstanding of DOMA and the notion of federalism, this holding turns the principle of federalism on its head. Rather than protecting against federal usurpation of powers reserved to the states, the ruling below would allow each state to impose its own definition of marriage on the federal government in a sort of reverse Supremacy Clause. While Congress may adopt state classifications for purposes of federal law, it is under no compulsion to do so. Plaintiff offers no other example where such a reverse Tenth Amendment analysis has been applied, forcing Congress to adopt state classifications for purposes of federal statutes. The court below wrongly characterized DOMA as "a radical departure from the tradition of federalism in the area of domestic relations," but it is the court's suggestion that states can impose their idiosyncratic definitions of legal terms in the interpretation of federal statutes, even when contrary to the expressed intention of Congress, that departs from our federalist tradition. A. Congress has a duty to establish a definition of marriage for federal statutes, and DOMA neither commandeers state governments nor dictates the internal operations of state governments. 2 Like every branch of government, Congress may not act outside the bounds of its constitutionally granted powers. Thus, Congress is unable "to commandeer state governments or otherwise directly dictate the internal operations of state government" and must ensure "conditions on federal funds" are "related to a federal purpose." Massachusetts v. Department of Health and Human Services, No. 10-2204 (1st Cir. 2012), slip op. at 21 (citing Printz v. United States, 521 U.S. 898 (1997); New York v. United States, 505 U.S. 144 (1992); South Dakota v. Dole, 483 U.S. 203 (1987)) (emphasis in original). But DOMA easily satisfies these two conditions. As a panel of the First Circuit has recently held: Congress surely has an interest in who counts as married. The statutes and programs that section 3 governs are federal regimes such as social security, the Internal Revenue Code and medical insurance for federal workers; and their benefit structure requires deciding who is married to whom. That Congress has traditionally looked to state law to determine the answer does not mean that the Tenth Amendment or Spending Clause require it to do so. Massachusetts v. Department of Health and Human Services, slip op. at 21. The First Circuit further explained that the impugned section of DOMA "governs only federal programs and funding, and does not share these two vices of commandeering or direct command." Id.1 As discussed below, and addressed in greater detail in the brief of IntervenorAppellants, the First Circuit panel ultimately created an unprecedented and mistaken legal rule in holding that DOMA was unconstitutional. , Yet in doing so, 1 3 In enacting DOMA, Congress has not infringed upon the powers of any state to regulate matters of family law, even to the point of adopting a contrary definition of marriage. Indeed, since DOMA was adopted, a handful of states have adopted definitions of marriage that differ from the definition in DOMA. B. Historical and current precedent and practice show that Congress has always been free to define terms as used in federal statutes, even in areas related to marriage and domestic relations. Tellingly, not even the plaintiffs have suggested that Congress lacks authority to legislate in the subject matter areas impacted by DOMA (e.g., taxation, immigration, etc.). Instead, they have argued that when regulating in these areas, Congress must defer to each state when the touching on matters also involving marriage or domestic relations. Thus, under the analysis adopted by the court below, Congress may unquestionably legislate in the area of taxation, but must defer to each state in determining who is permitted to file a joint return. Or Congress may regulate immigration status, but must defer to individual state marriage laws in determining whether to grant certain visa or citizenship applications. Even apart from the patchwork effect in which federal statutes are applied differently to residents of different states, and the potential conflict created in it properly and squarely rejected the reasoning of the court below with respect to federalism and the 10th Amendment. 4 matters involving more than one state, such a rule is patently indefensible in light of history and legal precedent. In this regard, the court below was simply incorrect in claiming that "the federal government had not [prior to DOMA] attempted to craft its own federal definition of marriage." Order at 39. While DOMA may have been the first time in which Congress adopted a single definition of marriage applicable to all federal statutes, Congress has long defined marriage for purposes of federal statutes, even when such definitions may conflict with applicable state law. Specifically relevant here, there has never been a special carve-out that requires Congress to defer to state law when federal statutes intersect with domestic relations and marriage. Professors Linda Elrod and Robert Spector have noted: "Probably one of the most significant changes of the past fifty years [in American family law] has been the explosion of federal laws, uniform laws, and cases interpreting them. As families have become more mobile, the federal government has been asked to enact laws in numerous areas that traditionally were left to the states, such as child support, domestic violence, and division of pension plans."2 The most recent authority on this point was handed down by the U.S. Supreme Court just last 2 Linda D. Elrod & Robert G. Spector, A Review of the Year in Family Law 2007– 2008: Federalization and Nationalization Continue, 42 FAM. L.Q. 713, 713 (2009). 5 month, in a unanimous ruling addressing Congress' intended definition of a surviving child for purposes of survivor benefits under the Social Security Act. Astrue v. Capato, 566 U.S. __ (2012), slip op. If the rule proposed by the court below were actually the law, this would have been a very simple decision—the Court would have had to apply state law because the question of parentage is a domestic relations matter. The Court did ultimately apply a state law definition in Astrue, not because it was required to do so by the Constitution, but rather because application of state law was what Congress intended. In affirming Congressional intent, however, the Court also noted that other sections of the Social Security Act have different, federal, standards for determining the meaning of "child" under the Act. Slip op, at 5-6. In fact, the Social Security Administration's regulations would allow a child to receive benefits if the child is the biological offspring of the insured person and the parents "'went through a ceremony which would have resulted in a valid marriage between them except for a legal impediment,'" thus implying a broader federal definition of marriage than state law. Id. at 6 (quoting 20 CFR §404.355(a)). The Court also noted provisions in the Act that are independent of state law such as "duration-ofrelationship limitations." The Court said: "Time limits also qualify the statutes of several States that accord inheritance rights to posthumously conceived children." Id. at 12. 6 Congressional enactments of laws relating to domestic relations and marriage specifically have a long history and are clearly part of current practice. What follows is not an exhaustive list but one that is ample for purposes of illustrating that the central holding of the court below is inconsistent with past precedents and practice.3 In particular, these examples show that (a) Congress has adopted definitions relating to domestic relations since the earliest days of the United States, and (b) such definitions have routinely been upheld even when conflicting with applicable state law. Immigration. Dating back to the Naturalization Act of 1802, federal law provided that children of parents who have been naturalized will automatically become citizens unless their fathers were not naturalized.4 An 1855 immigration law allowed citizenship to women who married citizens and to children of citizens.5 Current immigration law continues to impose a definition of marriage which may conflict with state law. See 8 U.S.C. §1186a(b)(A)(i) cited in Massachusetts v. Department of Health and Human Services, No. 10-2204 (1st Cir. 2012), slip op. at 20. For example, the Immigration and Naturalization Act provides that marriages contracted for the purpose of gaining preferential 3 For a fuller account of the relevant precedent, see Lynn D. Wardle, Section Three of the Defense of Marriage Act: Deciding, Democracy, and the Constitution 58 DRAKE L. REV. 951 (2010). 4 2 Stat. 155 (April 14, 1802). 5 10 Stat. 604 (February 10, 1855). 7 immigration status are not valid for federal law purposes,6 even though some states may recognize immigration marriages as valid or voidable.7 To defer to state law on marriage for immigration purposes would allow one state to circumvent the entire federal policy. Land Grants. In 1803, Congress provided that homestead land south of Tennessee would be given only to heads of families or individuals over 21.8 An 1804 law protected the land interest of "an actual settler on the lands so granted, for himself, and for his wife and family."9 The Homestead Act of 1862 specified grants would be limited to "any person who is the head of a family, or who has arrived at the age of twenty-one years."10 Applying this statute, in 1905 the Supreme Court resolved a land grant dispute brought by a daughter against her mother and stepfather. McCune v. Essig, 199 U.S. 382 (1905). The daughter 6 See 8 U.S.C. § 1154(a)(2)(A) (2006); 8 U.S.C. § 1255(e). See In re Appeal of O'Rourke, 310 Minn. 373, 246 N.W.2d 461, 462 (Minn. 1976); Kleinfield v. Veruki, 173 Va. App. 183, 372 S.E.2d 407, 410 (Va. Ct. App. 1988); Lutwak v. United States, 344 U.S. 604, 611-613 (1953); id. at 620–21 (Jackson, J., dissenting); see also Adams v. Howerton, 673 F.2d 1036, 1040–41 (9th Cir. 1982) (even if same-sex marriage was valid under state law, it did not count as a marriage for federal immigration law purposes); Garcia-Jaramillo v. INS, 604 F.2d 1236, 1238 (9th Cir. 1979) (argument that validity of marriage under federal law is "frivolous" because INS can make independent inquiry into validity of marriage law for immigration purposes); United States v. Sacco, 428 F.2d 264, 267–68 (9th Cir. 1970) (ruling, inter alia, that a bigamous marriage did not count as a marriage for federal law purposes). 8 2 Stat. 229 (March 3, 1803). 9 2 Stat. 283 (March 26, 1804). 10 12 Stat. 392 (May 20, 1862). 7 8 argued that state inheritance law should be applied to provide her an interest in the property but the Court ruled that "the words of the [federal Homestead Act] statute are clear," rejecting the daughter's claim that state law, rather than federal, should govern the definition of head of family as used in the Homestead Act.11 Military Benefits. In 1836, Congress enacted legislation bolstering pensions awarded to widows of Revolutionary War soldiers.12 The 1890 Dependent and Disability Pension Act also provided for widows and other family members of veterans.13 Federal courts interpreting military benefits and other military laws have used federal interpretations of family, even at times where the definitions did not accord with state law.14 The Supreme Court has noted, for instance, that the Uniformed Services Former Spouses' Protection Act (10 U.S.C. §1408) is "one of those rare instances where Congress has directly and specifically legislated in the area of domestic relations." Mansell v. Mansell, 490 U.S. 581, 587 (1989). The 11 Id. at 389. 5 Stat. 127 (July 4, 1836). 13 26 Stat. 182 (June 27, 1890). 14 See United States v. Jordan, 30 C.M.R. 424, 429–30 (1960) (finding that the military could limit the defendant's right to marry abroad because of special military concerns); United States v. Richardson, 4 C.M.R. 150, 158–59 (1952) (holding a marriage valid for purposes of military discipline, although it would have been invalid in the state where the marriage began); United States v. Rohrbaugh, 2 C.M.R. 756, 758 (1952) (noting, inter alia, that common law marriages are specifically recognized in "a variety of matters"); McCarty v. McCarty, 453 U.S. 210, 232–33, 236 (1981), superseded by Uniformed Services Former Spouses' Protection Act, Pub. L. No. 97-252, 96 Stat. 718 (1982) (codified as amended at 10 U.S.C. § 1408 (2006)) (military retirement pay governed by federal law, not community property law)). 12 9 Court held a claim for military retirement pay was governed by the Act and not by community property law. Id. Federal Pension Regulations. The federal Employment Retirement and Income Security Act (ERISA) and other federal pension laws have consistently been held to control the marital incidents of pensions.15 For example, in 1997 the Supreme Court held ERISA controlled the distribution of a retirement pension in preemption of Louisiana community property law. Boggs v. Boggs, 520 U.S. 833, 853-854 (1997). Census. In the instructions to marshals for the 1850 Census, Congress included a definition of family: "By the term family is meant, either one person living separately in a house, or a part of a house, and providing for him or herself, or several persons living together in a house, or in part of a house, upon one common means of support, and separately from others in similar circumstances. A widow living along and separately providing for herself, or 200 individuals living together and provided for by a common head, should each be numbered as one family. The resident inmates of a hotel, jail, garrison, hospital, an asylum, or other 15 See e.g., Hisquierdo v. Hisquierdo, 439 U.S. 572 at 582 & 590 (1979) (railroad retirement assets governed by federal law, not community property law); Yiatchos v. Yiatchos, 376 U.S. 306, 309 (1964) (United States Savings Bonds governed by federal law, not community property law, unless fraud involved); Wissner v. Wissner, 338 U.S. 655, 658 (1950) (National Service Life Insurance Act governs beneficiary of policy, not community property laws). 10 similar institution, should be reckoned as one family."16 The 2010 Census included same-sex marriages for the first time in its count of marriages.17 In doing so, rather than deferring to the law of the state of residence, the Census counted same-sex couples as married if they had been validly married in any state, even though that marriage may not be valid under the law of their home state 18 Copyright. In 1831, Congress enacted a law allowing a child or widow to inherit a copyright.19 In 1956, the U.S. Supreme Court issued a decision, DeSylva v. Ballentine, holding that, in the absence of a federal definition, state law controlled the question of who counted as a child for copyright law.20 In 1978, Congress effectively reversed this decision by enacting a definition of "child" to include a "person's immediate offspring, whether legitimate or not, and any 16 U.S. CENSUS BUREAU, MEASURING AMERICA: THE DECENNIAL CENSUS FROM 1790 TO 2000, at 9 (2002), available at http://www.census.gov/prod/2002pubs/pol02marv-pt2.pdf. 17 Census to Recognize Same-Sex Marriages in '10 Count, N.Y. TIMES, June 21, 2009, available at http://www.nytimes.com/2009/06/21/us/21census.html?_r=1; Census Bureau Urges Same-Sex Couples to be Counted, USA TODAY, April 6, 2010, available at http://www.usatoday.com/news/nation/census/2010-04-05census-gays_N.htm. 18 See General Counsel of the U.S. Department of Commerce, "Collecting and Reporting Census Data Relating to Same-Sex Marriages" July 30, 2009; U.S. Census Bureau, "A Census That Reflects America's Population" at http://www.washingtonpost.com/wpsrv/nation/documents/same_sex_talking_points.pdf. 19 4 Stat. 436 (February 3, 1831). 20 De Sylva v. Ballentine, 351 U.S. 570, 582 (1956). 11 children legally adopted by that person" so as to ensure that – regardless of state law – copyright law would not exclude illegitimate children.21 Bankruptcy. Bankruptcy law determines the meaning of alimony, support and spousal maintenance using federal law rather than state law.22 This has been recognized in multiple federal court decisions.23 Taxation. Federal tax law considers a couple that is married under state law but legally separated as unmarried for tax purposes.24 A couple who consistently obtains a divorce at the end of the year to obtain single status for tax filing could be considered unmarried for state purposes but married for purposes of federal tax law.25 Pending Legislation. Even pending acts in Congress, some of which are intended to legislatively accomplish the plaintiffs' objectives here, would be invalidated under the reasoning adopted by the court below. The proposed 21 17 U.S.C. § 101. H.R. REP. NO. 95-595, at 364 (1977), reprinted in 1978 U.S.C.C.A.N. 5963, 6320. 23 Shaver v. Shaver, 736 F.2d 1314, 1316 (9th Cir. 1984) (bankruptcy courts look to federal—not state—law to determine whether obligation is in the nature of alimony, maintenance or support); Stout v. Prussel, 691 F.2d 859, 861 (9th Cir. 1982). 24 26 U.S.C. § 7703(a)(2), (b) (definitions of marital status). 25 Rev. Rul. 76-255, 1976-2 C.B. 40. For federal law treatment of marriage for tax purposes, see generally Linda D. Elrod & Robert G. Spector, A Review of the Year in Family Law 2007–2008: Federalization and Nationalization Continue, 42 FAM. L.Q. 713, 714–15 (2009) (discussing Nihiser v. Comm'r, 19315-04 T.C.M. 2008135 (2008); Perkins v. Comm'r, T.C.M. 2008-41, 6521-06 (2008); Proctor v. Comm'r, 129 T.C. 12 (2007); 73 Fed. Reg. 37997 (July 2, 2008)). 22 12 Domestic Partnership Benefits and Obligations Act, S.1910, would provide government benefits to registered domestic partners (including same-sex couples who are married) of government employees that are equivalent to those given to spouses of employees. The proposed repeal of DOMA, S.598, would consider same-sex marriages as valid for federal law purposes even if they are not so recognized in the state of the couple. Both of these bills would adopt a uniform federal definition of domestic relations that would conflict with the law of many states. Applying the purported tradition invoked by the court below would invalidate both pieces of legislation. C. The federal government's significant involvement in defining marriage for federal law purposes extends back to the Nineteenth Century and was approved by the U.S. Supreme Court. In the mid-Nineteenth Century, Congress legislated heavily with respect to marriage in relation to the government of federal territories.26 I Between 1862 and 1894, Congress passed five separate statutes intended to repress the development of polygamy as a recognized marriage system in the 26 From a jurisdictional perspective, it is important to note that this precedent is relevant not because the government of federal territories is analogous to the regulation of states. Indeed, the Congress could not impose a definition of marriage upon the various states. Rather, the regulation of federal territories is analogous to other areas of plenary federal regulation, including federal tax law, military benefits, etc. In this respect, the regulation of marriage in the territories, is simply one more example of extensive federal regulation of marriage with respect to its definition under federal law. 13 United States: the Morrill Anti-Bigamy Act of 186227, the Poland Act of 187428, the Edmunds Anti-Polygamy Act of 188229, the Edmunds-Tucker Act of 188730 and the Utah Enabling Act of 1894.31 The Morrill Anti-Bigamy Act, approved by Congress in 1862 and signed by President Abraham Lincoln, criminalizes attempts at polygamy in federal territories. The Act was described in the chapter laws as "An Act to punish and prevent the Practice of Polygamy in the Territories of the United States and other Places."32 The relevant portion of the law read: That every person having a husband or wife living, who shall marry any other person, whether married or single, in a Territory of the United States, or other place over which the United States have exclusive jurisdiction, shall, except in the cases specified in the proviso to this section, be adjudged guilty of bigamy, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, and by imprisonment for a term not exceeding five years: Provided, nevertheless, That this section shall not extend to any person by reason of any former marriage whose husband or wife by such marriage shall have been absent for five successive years without being known to such person within that time to be living; nor to any person by reason of any former marriage which shall have been dissolved by the decree of a competent court; nor to any person by reason of any former marriage which shall have been annulled or 27 12 Stat. 501 (July 1, 1862). 18 Stat. 253 (1874). 29 22 Stat. 30 (March 23, 1882). 30 24 Stat. 635 (1887). 31 28 Stat. 107 (July 16, 1894). 32 12 Stat. 501 (July 1, 1862). 28 14 pronounced void by the sentence or decree of a competent court on the ground of the nullity of the marriage contract. This measure regulates marriage in federal law in two ways: it criminalizes polygamy, and it also establishes in federal law the common law standard that a spouse who has been missing for a prescribed number of years is "judicially dead" for the purpose of remarriage. Like DOMA, the Congressional ban on polygamy was challenged in federal court. The issue was eventually resolved in the U.S. Supreme Court in a landmark decision, Reynolds v. United States.33 As to marriage, the Court said: Marriage, while from its very nature a sacred obligation, is nevertheless, in most civilized nations, a civil contract, and usually regulated by law. Upon it society may be said to be built, and out of its fruits spring social relations and social obligations and duties, with which government is necessarily required to deal. . . . In our opinion, the statute immediately under consideration is within the legislative power of Congress. It is constitutional and valid as prescribing a rule of action for all those residing in the Territories, and in places over which the United States have exclusive control.34 D. The efforts of the court below, and similar attempts, to distinguish this precedent are unavailing. The court below tries to distinguish these examples by arguing that "in each instance, the federal government accepted the state definitions of marriage and 33 34 98 U.S. 145 (1878). Id. at 165-166. 15 merely superimposed further requirements for falling within the federal entitlement statute." Order at 40. This is really an attempt to avoid conceding the obvious. If that is the court's approach, DOMA, too, could be read as a "further requirement" for eligibility. It is a distinction without a difference. If Congress says, in the context of immigration, that marriage is a relationship not entered into in order to avoid deportation, it has defined marriage. That its definition is stricter than an otherwise comparable state definition does not make it any less a definition. This, of course, is precisely what DOMA does: it provides that for all purposes of federal law, marriage means the union of a man and a woman.As noted above, a First Circuit panel agreed with the analysis of amicus here that federalism principles provide no barrier to enactment of DOMA. The panel suggests an alternative theory to support its conclusion: "Supreme Court precedent relating to federalism-based challenges to federal laws reinforce the need for closer than usual scrutiny of DOMA's justifications and diminish somewhat the deference ordinarily accorded." Massachusetts v. HHS, slip op. at 20. That court did not, because it cannot, point to any provision in the Constitution or the decisions of the U.S. Supreme Court to justify this idea that more searching judicial scrutiny is required when Congress enacts laws touching on areas typically within the province of state law. 16 In fact, the First Circuit decision implicitly acknowledges that it has created a legal rule where none has existed before when it states: "If we are right in thinking that disparate impact on minority interests and federalism concerns both require somewhat more in this case than almost automatic deference to Congress' will, this statute [DOMA] fails that test." Id. at 28. Opinions of federal judges about what the law might be cannot substitute for binding declarations of the law and none of the latter exist indicating a special type of scrutiny applies to laws like DOMA in which Congress acts to define terms related to marriage and domestic relations. E. The analysis of the court below, if applied in other contexts, would dramatically alter state and federal relations. The import of accepting the "novel"35 theory of federalism used by the court below would be to potentially unsettle every area of federal law. If the central holding of the court below that federal law cannot define marriage or family independent of state definitions were applied consistently, it would require the invalidation of current immigration, tax, bankruptcy, census, copyright, and taxation laws, inter alia, and would be contrary to Supreme Court precedent upholding federal laws even when they contrast with state laws. Richard A. Epstein, Judicial Offensive Against Defense of Marriage Act, FORBES, July 12, 2010 at http://www.forbes.com/2010/07/12/gay-marriage-massachusettssupreme-court-opinions-columnists-richard-a-epstein.html. 35 17 The doctrine of preemption would be meaningless if states were free to enact legislation contradicting statutes enacted by Congress on matters of federal law and have these contradictory enactments enforced in preference to Congressional legislation. Similarly, ERISA, which trumps state law in areas traditionally subject to state regulation prior to its enactment, would be invalidated by the theory of federalism proposed by the court below. II. The court below ignored crucial state interests in marriage that amply justify Congress' decision to enact DOMA. Although the parties and other amici will surely address the important social interests advanced by DOMA, here amicus merely adds that the mistake in the court's analysis of the public interests served by DOMA is similar to the mistake the court made in analyzing the application of principles of federalism to the commonsense exercise of Congress' power to specify the meaning of terms it uses in statutes. In both cases, the court below failed to even acknowledge relevant precedent that would dictate against the result reached by the court. Specifically, the court failed to address a body of persuasive precedent from other jurisdictions that found the foremost of the interests advanced by Congress amply justifies retaining the definition of marriage as the union of a man and a woman. The court below purported to address the government interest "to encourage responsible procreation and child-rearing." Order at 26. The analysis of the court 18 addresses an entirely different and unrelated question and then recasts the government interest to make it irrelevant to the interest actually served by DOMA. The court below spent directed most of its analysis to the question of whether "same-sex parents are equally capable at parenting as opposite-sex parents" or whether "parents' genders are irrelevant to children's developmental outcomes." It also recast the interest in procreation as "a desire to encourage opposite-sex couples to procreate and raise their children well." Order at 26-27. Setting aside the near absurdity of focusing on such matters as whether an individual in a same-sex couples is "capable" of parenting or whether a parent's "gender" (as opposed to family structure or biological connection) contributes to child well being, this line of inquiry is wholly inapposite. The state interest in marriage related to procreation does not derive from a parenting contest, much less from an examination of whether some same-sex couples might do a good job, and some opposite-sex couples a bad job, at raising children. The state interest in marriage, rather, stems from a much more basic set of realities widely recognized and affirmed by American courts over the past decade. Likewise, the assertion by the court below that Congress was interested in getting opposite-sex couples to have children and be good parents seems facetious which may be why the court below focused on these kinds of issues rather than the actual interests motivating Congress in enacting DOMA. 19 In the House Report referenced by the court below, Congress referenced a scholarly report noting "marriage is a relationship which the community socially approves and encourages sexual intercourse and the birth of children. It is society's way of signaling to would-be parents that their long-term relationship is socially important—a public concern, not simply a private affair."36 The Report goes on to say: "That, then, is why we have marriage laws. Were it not for the possibility of begetting children inherent in heterosexual unions, society would have no particular interest in encouraging citizens to come together in a committed relationship." Id. at 14. Far from dismissing these interests, other courts have given them great weight. In holding that New York's marriage law was consistent with the state's constitutional guarantees, the New York Court of Appeals found, [T]he Legislature could rationally decide that, for the welfare of children, it is more important to promote stability, and to avoid instability, in opposite-sex than in same-sex relationships. Heterosexual intercourse has a natural tendency to lead to the birth of children; homosexual intercourse does not. Despite the advances of science, it remains true that the vast majority of children are born as a result of a sexual relationship between a man and a woman, and the Legislature could find that this will continue to be true. The Legislature could also find that such relationships are all too often casual or temporary. It could find that an important function of 36 House Report 104-664 (July 9, 1996) at http://www.gpo.gov/fdsys/pkg/CRPT104hrpt664/pdf/CRPT-104hrpt664.pdf at 13 (quoting Marriage in America: A Report to the Nation 10 (Council on Families in America 1995) reprinted in PROMISES TO KEEP: DECLINE AND RENEWAL OF MARRIAGE IN AMERICA 303 (David Popenoe, et al., eds, 1996)). 20 marriage is to create more stability and permanence in the relationships that cause children to be born. It thus could choose to offer an inducement-in the form of marriage and its attendant benefitsto opposite-sex couples who make a solemn, long-term commitment to each other. Hernandez v. Robles, 7 N.Y.3d 338, 359,855 N.E.2d 1 (NY 2006). The court further said: The Legislature could rationally believe that it is better, other things being equal, for children to grow up with both a mother and a father. Intuition and experience suggest that a child benefits from having before his or her eyes, every day, living models of what both a man and a woman are like. It is obvious that there are exceptions to this general rule—some children who never know their fathers, or their mothers, do far better than some who grow up with parents of both sexes—but the Legislature could find that the general rule will usually hold. Id. at 359-360. The Maryland Court of Appeals similarly noted: [S]afeguarding an environment most conducive to the stable propagation and continuance of the human race is a legitimate government interest. The question remains whether there exists a sufficient link between an interest in fostering a stable environment for procreation and the means at hand used to further that goal, i.e., an implicit restriction on those who wish to avail themselves of Statesanctioned marriage. We conclude that there does exist a sufficient link. . . . This "inextricable link" between marriage and procreation reasonably could support the definition of marriage as between a man and a woman only, because it is that relationship that is capable of producing biological offspring of both members (advances in reproductive technologies notwithstanding). Deane v. Conaway, 401 Md. 219, 932 A.2d 571, 630-631 (Md. 2007). 21 To take yet one more example,37 in an opinion concurring in the Washington Supreme Court's decision that the state's marriage law was constitutional, Justice J.M. Johnson said: A society mindful of the biologically unique nature of the marital relationship and its special capacity for procreation has ample justification for safeguarding this institution to promote procreation and a stable environment for raising children. Less stable homes equate to higher welfare and other burdens on the State. Only opposite-sex couples are capable of intentional, unassisted procreation, unlike same-sex couples. Unlike same-sex couples, only opposite-sex couples may experience unintentional or unplanned procreation. State sanctioned marriage as a union of one man and one woman encourages couples to enter into a stable relationship prior to having children and to remain committed to one another in the relationship for the raising of children, planned or otherwise. Andersen v. King County, 158 Wash. 2d 1, 138 P.3d 963, 1002 (Wash. 2006) (J.M. Johnson., J. concurring). These excerpts make abundantly clear that the procreation interest noted by Congress is not trivial but rather deserving of greater deference than the court below gave it. The failure of the court below to examine directly relevant precedent in the context of federal regulation of marriage and persuasive precedent in the context of the public's interests in marriage and procreation fatally compromise its decisions that DOMA is unconstitutional. CONCLUSION 37 See also Morrison v. Sadler, 821 N.E.2d 15, 24-25 (Indiana App. 2005); Goodridge v. Department of Public Health, 440 Mass. 309, 798 N.E.2d 941, 995996 (Mass. 2003) (Justice Cordy dissent). 22 For the foregoing reasons, amicus curiae respectfully requests that this Honorable Court uphold the constitutionality of the Defense of Marriage Act and reverse the judgment of the district court. Respectfully submitted, /s William C. Duncan William C. Duncan 23 Certificate of Compliance with Rule 32(a) This brief complies with the type-volume limitations of Fed. R. App. P. 32(a)(7)(B) because it contains 5,625 words, excluding the parts of the brief exempted by Fed. R. App. P. 32(a)(7)(B)(iii). This brief complies with the typeface requirements of Fed. R. App. P. 32(a)(5) and type style requirements of Fed. R. App. P. 32(a)(6) because this brief has been prepared in a proportionately spaced typeface using Microsoft Word 2007 in 14-point Times New Roman font. /s William C. Duncan William C. Duncan Counsel for the Amicus June 11, 2012 24 Certificate of Service I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on June 11, 2012. I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system. /s William C. Duncan William C. Duncan Counsel for the Amicus June 11, 2012 25


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Endura has along history in supporting participation cycling through support of a vast number of charity rides and sponsorship of participation events such as Sleepless In The Saddle.
It is with great enthusiasm that Endura has created Endura Racing as a platform for development, testing and refinement for the new Endura Equipe range of highly technical premium road cycle clothing which launched successfully in 2010.
Both the team and the Equipe range share the same ambitions of excellence, performance and progress in consistently being best in class and we are focussed on working hand in hand with the team to make sure that the Equipe range of clothing is the best it can possibly be.
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Twinings English Breakfast K-Cups Makes the Day Just Feel Better Harmonious, full and rejuvenating, these Twinings English Breakfast K-Cups are plucked from the misty slopes of Assam and Sri Lanka and prepared just for your pleasure. Sealed in air-tight Keurig refills, they bring the freshness of the mountain tops right into your tea cup. This blend of robust essences and flavorful accents combine traditional English breakfast with contemporary taste for a uniquely refreshing experience. Tantalizingly tasteful and full-bodied, the tea has travelled half way around the world to give you gourmet flavors in an instant. Not just for breakfast, this classic tea can be enjoyed in any season, for any reason with or without milk, sweetened or unsweetened, it always satisfies with rich, layered flavor. A combination of two leaves and a bud, English Breakfast Tea K-Cups are all it takes to make your day a whole lot better. Try a sip and let the fresh flavor change your world.
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Tea Type: black tea, breakfast
Tea Origin: assam, england
Product Title: Twinings English Breakfast Tea 18 Count K-Cups Brown
Manufacturer: Twinings
Lowest Price: $10.39 from Boscov's
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Color: Brown
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Long john type: tops
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May 9 - The Consumer Financial Protection Bureau has published a report highlighting the ways in which student loan debt can be a roadblock to a full financial life for consumers. The report discusses options based on public input for policymakers and market participants to consider in order to help borrowers manage their private student loan debt.
College can open up many opportunities, and we do not want that college degree to become more of a burden than a blessing for those saddled with unmanageable debt in a tough employment market, said CFPB Director Richard Cordray. Todays report warns of the potential domino effects on the economy of high student debt. It also identifies policy and market-based solutions based on the publics comments that would help borrowers manage their private student loan burden.
In February 2013, the CFPB published a notice and request for information soliciting input on affordable repayment options for borrowers with existing student loans. In response, the bureau received more than 28,000 comments suggesting ways to spur more affordable private student loan repayment options. The CFPB published these comments online and released a searchable database of comments. The database includes the complete text of these submissions, along with basic demographic information about the individuals and organizations that gave input.
The report provides an analysis of the impacts of student loan burdens on the broader economy as raised by the comments, assesses recent actions of policymakers in the student loan market, and discusses policy options put forth by the public regarding private student loans. Many of those who commented were concerned about the potential domino effect of student loan debt on the economy. Several comments described how monthly student loan payments can deplete consumers personal savings, may crowd out other types of consumer spending, and may shape the choices young graduates make about their careers and the communities in which they live.
Comments cited particular concerns about a potential student debt domino effect on:
Housing: The current generation of first-time homebuyers is inhibited by a heavy student debt burden that may hurt their ability to qualify for a mortgage or to save for a down payment. First-time homebuyers play a critical role in the market by increasing demand and facilitating move-up purchases by existing homeowners.
Small Business Development: Student debt may limit consumers ability to access small business credit and to save capital. If consumers are able to save enough to start a small business, student debt burdens may require them to divert cash away from their businesses so they can keep up with their student loans.
Retirement Savings: Those with student debt may be unable to save for retirement or may have to rely on their parents, who are nearing retirement, to help pay their debt. Recent research revealed that only half of workers under 30 have enrolled in their employers 401(k) plan and barely 40 percent contribute enough to receive a full employer match.
Rural Communities: Rural areas in particular struggle to attract and retain young professionals. Car ownership may be a prerequisite for employment and rental housing may be scarce. For cash-strapped student borrowers, the need to buy a car or a house may deter them from moving to a rural area. In particular, it may be difficult to attract health care professionals and educators.
The report also discusses a number of policy and market-based solutions raised by the public and submitted in response to the CFPBs Request for Information. Options for consideration by policymakers and market participants include:
Refi-relief for borrowers who pay on time: Comments from market participants, policy experts and individual borrowers suggest that refinance options on private student loans could offer relief for responsible borrowers. These borrowers have high-rate private student loans but have dutifully made their payments on time and, as a result, their credit has improved since they first borrowed. Interest rates on private student loans are based on risk. When borrowers graduate and find a job, they may be unable to find a refinance option with a lower rate that reflects the strong likelihood they will fully be able to pay back their loan. Commenters suggested that policymakers can play a role to jumpstart a refinance market. If borrowers are eligible to refinance their debt at lower interest rates, they could potentially save thousands of dollars in the process.
A road to recovery for borrowers in distress: Other comments suggest that a road to recovery could be a solution for struggling borrowers trapped in the terms of their private student loans. In October 2012, the CFPB published a report that highlighted consumer complaints where lenders and servicers were reportedly unwilling to negotiate affordable loan terms. The road to recovery offered by the lender could be a negotiable, transparent, step-by-step process where monthly payments are lowered to match a reasonable debt-to-income ratio.
A credit clean slate for borrowers in default: A number of comments propose that a credit clean slate option would be appropriate for borrowers that need a way to repair their credit and get out of default. The borrower would work with the lender to come up with a payment plan to help the borrower get out of default. When the borrower adheres to the payment plan, this might help the borrower get back on his or her feet, pass employment verification checks and head down the road to owning a home or starting a small business.
The options put forth by the public, supplemented by the analysis in the report, may provide policymakers and market participants with potential solutions in order to help borrowers better manage their private student loan debt.
The complete report is available at: http://files.consumerfinance.gov/f/201305_cfpb_rfi-report_student-loans.pdf.
A factsheet on the report is available at: http://files.consumerfinance.gov/f/201305_cfpb_fact-sheet_students-monthly.pdf.


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Cubs' Carlos Marmol to address sexual-assault charges
BY GORDON WITTENMYER email@example.com May 16, 2013 8:34PM
Cubs relief pitcher Carlos Marmol reacts after striking out Alex Gonzalez in the eighth inning of the Chicago Cubs 7-4 loss to the Milwaukee Brewers in the Cubs home opener Monday April 8, 2013 at the Wrigley Field. | Tom Cruze~Sun-Times
Updated: May 16, 2013 9:53PM
Cubs pitcher Carlos Marmol has been ordered to address months-old civil charges of sexual assault in a hearing Monday near his home in the Dominican Republic, according to a media report from that country.
But Marmol, who strongly has proclaimed his innocence since the first public reports of the allegations, won't be required to travel home for the hearing, according to his representatives. In fact, they don't expect him to be required to return home during the season for anything related to the case.
Marmol has made a counter claim of extortion and has said he won't pay even a modest settlement to his 24-year-old accuser for something he didn't do.
Police declined to file charges after an investigation.
"Marmol still feels he didn't do anything, and right now we've just got to let it run its course," said the reliever's agent, Paul Kinzer. "His lawyer is over there working on it now."
Gordon Wittenmyer


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Benchmarking the Walkability of Global Cities
We live in a world that is urbanising at an astonishing rate: 100 years ago only 20% of people lived in a city, by 2010 more than half the worlds population was living in an urban area and by 2050 we expect that figure to rise to 70%. As these mega-cities become increasingly dense and over-populated, the transport systems that support them are struggling to cope with the sheer numbers of people trying to move around. Many cities around the world are starting to wake up to the fact that they will have to become walkable and bikeable, just in order to function in the future.
How Walkable are the Streets of Toronto?
New Walkability app for iPhone and iPad
We are excited to announce the launch of the new Walkonomics app for iPhone and iPad. The free Walkonomics mobile app maps and rates the pedestrian-friendliness of every street in San Francisco, New York and England (over 600,000 streets!).
Why Walkability Isn't Just About Proximity To Shops
For many people, the concept of 'Walkability' simply means how many shops, cafe's, schools and other services are within walking distance of a particular location. While this is a really important part of a walkable neighbourhood (people won't walk if there is nothing to walk to) there is a growing body of evidence that suggests that several other factors improve or reduce the walkability of a street or neighbourhood.Now a new book by urban designer Julie Campoli adds to this discussion by exploring several key factors that combine to create truly walkable streets and communities. In her new book from the Lincoln Institute: Made for Walking: Density and Neighborhood Form, Campoli argues that simply having shops, services and venues within walking distance is not enough.
New Walkability App for Android
When it comes to walking in the city, a smartphone is now almost as important as a good pair of shoes. Our phones provide us with pedestrian sat-nav, reviews of the best places to visit and even measure how many calories we're burning, while we walk. In fact recent research suggests that our phones are encouraging us to walk further in the city and explore more places.Now a new mobile app from Walkonomics provides an essential tool for the walkable lifestyle. The Walkonomics app enables people to check the walkability of the street they're standing in, as well as discover new walkable streets in other areas and add their own reviews. The free app, which is available for Android devices, uses over 600,000 street ratings from Walkonomics.com, covering every street in San Francisco, New York and England.


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Photo #: NH 95745 (Complete Caption)
USS Valley Forge (CV-45)
Vice Admiral Gerald F. Bogan, Commander, First Task Fleet, with officers and visitors during a demonstration cruise for members of the American Ordnance Association, off Long Beach, California, 27 April 1949.
Those present are (from left to right):
Captain Truman J. Hedding, USN, Ship's Commanding Officer;
Mr. Henry L. Clark, President of the Los Angeles American Ordnance Association Chapter and General Manager of the General Motors plant at South Gate, CA.;
Vice Admiral Gerald F. Bogan;
Colonel L.A. Codd, Executive Vice President of the American Ordnance Association;
Ed. Godfrey, Vice President of General Motors and
Rear Admiral Dixwell Ketcham, USN, Commander, Carrier Division Five.
Collection of Vice Admiral Dixwell Ketcham.
U.S. Naval Historical Center Photograph.
Online Image: 112KB; 740 x 620 pixels
Click on the small photograph to prompt a larger view of the same image.
If you want higher resolution reproductions than this digital image, see: "How to Obtain Photographic Reproductions."
2 September 1999


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« Kanye West and Kim Kardashian Step Out in Style to Restaurant Opening
Video: Jill Scott – 'Blessed' »
Nas Sets July Release Date for 'Life Is Good,' Preps 'Daughters' Single
The summer just got a litte hotter. Nas has announced the release date for his 10th album Life Is Good, due July 17.
His next single "Daughters," produced by No I.D., will be released to iTunes and other digital retailers on May 1, while the video for "The Don" will premiere on Friday, April 27.
Life Is Good, Nas' first solo album in four years, marks a return to his roots, with production from Salaam Remi, Hit-Boy, Swizz Beatz, and more.
"This is the Nas like really, 'I'm trying to tear the skin off your face,'" said Tuo of production duo Da Internz, who co-produced "The Don." "He's not playing around. Nas is taking you back to the lyrics and concepts like It Was Written."Tweet
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Peace by His Blood
In April of 1992, after four Los Angeles Police Officers were acquitted of any criminal act in the apprehension, beating, and arrest of Rodney Ki ng, the city of Los Angeles burst into some of the worst riots in its …Read More
The Constant Struggle
"But as for you, O man of God, flee these things. Pursue righteousness, godliness, faith, love, steadfastness, gentleness" (1 Tim. 6:11). It is as if he said, "As a man of God, you must live toward a definite end …Read More
Our Blessed Struggle
I find it interesting that, of all the names God could have chosen for His people, He chose "Israel." And while different opinions exist as to what the name Israel actually means, it seems that the context in which the …Read More
The Ark of the Covenant
It seems that every year a new children's story Bible comes out. The captivating artwork often makes the biblical stories come alive. There is one picture in a particular story Bi ble our family has that my two-and-a-half-year-old, Elijah …Read More
Ministering to the Sexually Broken: An Interview with John Freeman
Tabletalk: What is Harvest USA and why is its mission compelling to you? John Freeman: Harvest USA began in 1983 as a ministry outreach of Tenth Presbyterian Church in Philadelphia. Now an independent 501(c)(3) nonprofit, we are also …Read More
Cosmic Treason
"The sinfulness of sin" sounds like a vacuous redundancy that adds no information to the subject under discussion. However, the necessity of speaking of the sinfulness of sin has been thrust upon us by a culture and even a church …Read More
Defining Marriage
Abraham Lincoln was fond of asking, "If you call a dog's tail a leg, how many legs does a dog have?" "Five," his audience would invariably answer. "No," he'd politely respond, "the correct answer is four. Calling a …Read More
When Towers Fall
When a catastrophe happens in our world, it is virtually certain that a question will come up: "Where was God?" People always seem to question how a good God could allow a terrible thing to happen.
The same question came …Read More
Suffering and the Glory of God
I once visited with a woman who was dying from uterine cancer. She was greatly distressed, but not only from her physical ailment. She explained to me that she had had an abortion when she was a young woman, and …Read More
The Biblical Evidence for Hell
Would a loving Jesus really teach about hell? Yes, and so does every New Testament author. Let's consider what they teach. Hell in Matthew In the Sermon on the Mount, often known for its emphasis on love and the …Read More


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Basic Information
The 2015 C.R.A.S.H.-B. Sprints will be held on Sunday, March 1st, 2015 at Boston University's Agganis Arena. Doors open at 7:00am. The C.R.A.S.H.-B. Sprints is a one-day event with racing scheduled from 9:00 AM – 4:00 PM. Admission is free to all spectators. Please note: competitors and spectators are not allowed to bring food or beverages into the arena. Food consumption is NOT allowed on the arena floor. Please plan accordingly.
Registration and Entry Deadline
Registration is not yet open for 2015. In order to ensure receipt of entry confirmation as well as a very small number of important registration updates, make sure to add the @roninregistration.com and @crash-b.org domains to your email address book. Please note that until payment has cleared, all entries are preliminary. It is the responsibility of the entrant to confirm payment has been made.The final confirmed entry list will be posted following the close of Registration. A list of current entries (subject to payment confirmation) may be found here.
Complete entry list with heat and erg assignments will be posted early February following the close of registration.
Able-bodied and Adaptive Events
C.R.A.S.H.-B. Sprints offers Adaptive and Able-bodied events for 2015. Adaptive athletes will race 1000m in the Paralympic rowing categories for Open Men and Women (no age restriction) as well as in an FES category. Paralympic events are also offered to Junior (Under-19) Men and Women. Able-bodied athletes will race 2000m. Competitors row against the clock on Concept2 Model D Ergometers.
Hammers are awarded to overall winners in all events, medals for 2nd and 3rd places (dependent upon number of entrants in an event), as well a special recognition medals for the top US collegiate finisher in each of the Open and Lightweight categories for the Men's and Women's events.
Please continue to check the C.R.A.S.H.-B. web site for updated information regarding the 2014 Regatta including online Registration, schedules, events, hotels, etc. Follow us on twitter and facebook so you can receive up to the minute notification of new information.


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Alexandre Desplat To Do Godzilla (2014) Music Score
Argo, Harry Potter, King's Speech, Twilight composer.
Joss Whedon Didn't Like The Ending For Star Wars: Empire Strikes Back; Frustrated By Twilight
Whedon sounds off!
Razzies Award Winners List For Worst Of The Year (2012)
Worst of the worst!
Twilight's Robert Pattinson Wants To Be In The News Star Wars
Robert Pattinson would love to be in the new Star Wars movie.
X-Men's Colossus, Daniel Cudmore, Tried Out For Superman In Man of Steel (2013) Movie
Another actor tried out for Superman, an actor also known for playing a character made of hardened metal.
MTV 2011 Movie Awards: Green Lantern, Captain America, Transformers Prop Images and Winners
Check out some movie prop images from the MTV 2011 Movie Awards and a list of winners.
The Twilight Saga: Breaking Dawn Part 1 (2011) Trailer
The first trailer for The Twilight Saga: Breaking Dawn Part 1 has hit the net starring Robert Pattison and Kristen Stewart.
Vampire Love: Interview With Ryan Burton on "Female Force" Stephanie Meyer Bio Comic Book
CBN speaks to writer Ryan Burton about his latest endeavor - as the man behind the newest "Female Force†comic book featuring Stephenie Meyer.


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(KTSF by Jessie Liang)
In the U.S., people waste about 40% of all edible food. According to the "Journal of Consumer Affairs", a typical American throws out more than 30% of fish and meat, 20% of vegetables, 18% of grain and dairy products, and 15% of fruit.
Dana Gunders, a specialist from the Natural Resources Defense Council (NRDC) says, "The food waste is generated by food that goes bad in the fridge, it's the rice that you make too much of or the leftovers at the restaurant that you don't take home."
Gunders says that the U.S. dedicates $90 billion per year to producing food that never gets eaten. The cost of wasting food includes not only wasting water, energy, packaging and transportation, but also, wasting consumer money. Gunders notes that $130 to $175 per month are wasted by the average American household of 4 people. Further, 34 million tons of food waste ends up in landfills and could release greenhouse gas that is 25 times more potent than carbon dioxide. If we reduced consumer food waste by 20%, 25 million more people could be fed.
Gunders says that in Chinese cultures, less food is wasted. She explains, "For instance, eating a whole fish, when you cook a whole fish instead of just using the filet. Also eating different parts of the animal like tongue or chicken feet. These techniques utilizes food that would be thrown out in many other cultures."
There are easy steps to reducing food waste. For example, shop with a list, use anything that might quickly spoil first, request smaller portions at restaurants, take and eat leftovers, compost food scraps, and learn use-by dates for products. Gunders says that these use-by dates are "actually just our manufactures' suggestions for the best quality, but typically, food can safely be eaten beyond those expiration dates." Finally, freeze produce and leftovers if you don't have time to eat them while they are still fresh.
(Copyright 2012 KTSF. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)


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The Congressional Art Competition was created in 1982 as a way to showcase the artistic talents of young people throughout the country. To date, Congressman David Scott has awarded over $300,000 in scholarships to local student winners of his annual art competition.
Entries must be received in either Congressman David Scott's Smyrna or Jonesboro District Office by Wednesday, February 12, 2014. There is no mandatory theme for the competition and participants must be present at the awards ceremony in order to win.
Congressman Scott will host an awards ceremony naming this year's top winners on Saturday, March 1, 2014 at the Douglas County Museum of History and Art, located at 6754 Broad Street, Douglasville, Georgia 30134.
The competition's top 5 winners will receive the following awards:
Students may obtain entry forms and official guidelines below or by contacting Congressman David Scott's Office at 770/432-5405.
Fo more information, please contact Angie Storey at 770/432-5405.


text:
matzevah | a memorial stone
The road to reconciliation begins with remembering.
Today, the landscape of Poland is devoid of the once vibrant, and as some say, "normal life," that existed before the Holocaust, when Poles and Jews lived together rather peaceably. During the Holocaust some 6 million Jews were murdered during the Nazi occupation.
3.5 million of those murdered were Polish Jews.
Today, scattered across Poland, 1,200 Jewish cemeteries, as well as mass burial sites yet to be found, speak of those who were lost and of that which was lost.
The Shoah (Holocaust) took the generations of Jews who would have remembered and honored their heritage. The Matzevah Foundation remembers by educating people regarding the Shoah and by bringing to light that which was hidden.
mitzvah | a righteous act
Remembering, challenges us to ask,
"What does G-d require?"
Jewish teachers consider that the highest expression of true mercy (loving-kindness) is to care for the dead—for the dead cannot care for themselves. Since 2005, The Matzevah Foundation has been serving the Jewish community of Poland by mobilizing resources to care for and preserve the Jewish heritage of Poland.
As these cemeteries are brought to light, the voice of the matzevahs become undeniable to all who see. They speak as reminders to both the absence of Jews in Poland today as well as the once thriving Jewish life and culture before the Holocaust, when Jews lived amongst Poles, for the most part, peacefully.
Through restoring cemeteries, The Matzevah Foundation is participating in "tikkun olam"—healing the earth.
tikkun olam | healing the earth
A woman once asked us,
"Why would you, a Christian, do this for us, a Jew?"
Founder, Steven Reece replied, "Love."
The Matzevah Foundation grew out of the work of a group of Christians, who walk according to the two greatest commandments given to us in the Torah— "to love G-d" and "to love neighbor."
Due to the Shoah, we know that our relationship with the Jewish community is strained. However, we are bridging the gap between the Jewish and Christian communities, as well as, connecting Jews of Polish descent with their past. We do this through a common mitzvah by caring for and restoring Jewish cemeteries in Poland.
Along the neglected roads to Poland's House of the Living, we join together with our friends, sharing common times of deeply remembering, practically restoring, and wonderfully reconciling.
What if, together, we began remembering and restoring?


text:
Nutley High School Alumni
Adeline Janusz
Class of 1976
Ck Compton
Class of 1978
Margie Borek
Class of 1967
Laura Rogers
Class of 1993
The Nutley alumni site is made so that students and teachers from the Nutley high school can reconnect with those that they met while attending high school. While you are reminiscing about the times you spent in high school at Nutley High School, you should also check out alumni photos, yearbook listings and share any reunion info if possible. For former Nutley High students from NJ, you can view the class reunion information that has been posted by other site visitors. In addition, we encourage you to post your profile in the alumni directory, share information about the school activities you were involved with and look for lost friends.


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Review of chapter "Home And Other War Zones" from
I really liked how you integrated Buffy and SG-1's stories. Nicely done.
Comments from author:
Thanks for the review - glad you enjoyed it.
Review By [
] • Date [14 Aug 14] • Not Rated
Review of chapter "Home And Other War Zones" from
Jawdroppingly good! I love how all the plot deviations flow seamlessly from one change. Thanks for writing this.
Comments from author:
Glad you enjoyed it - many thanks for the enthusiastic review.
Review By [
] • Date [26 Jul 14] • Not Rated
Review of chapter "Encounters - Welcome and Unwelcome (Part Two)" from
Just realized (as with fics like this, I tend to keep a tab open on world.guns.ru... and the gun You say Frasier keeps at home is an M11? as in an Ingram or Cobray M11 which is basically a tiny boxy UZI? Aka pretty much the same weapon as what Jamie Lee Curtis dropped down the stairs in True Lies?
Okay, just looked things up... it sort of makes sense if you meant the Swiss/german handgun SIG Sauer P228, which the US military refer to as the M11 (rather than the US-made SMG Ingram Mac M11) then yeah.
But while the AF' OSI does use the P228, the SGC seem to use the Beretta M9 as it's standard Side-arm.
Then again, if you did mean the SMG Ingram M11... that's one bad-ass Doc.
Comments from author:
I meant the SiG - I don't see the doc brandishing a MAC-11, somehow. From what I've been able to glean, the M11 is issued not only to AFOSI, but also pilots, and Air Force intelligence agents and according to some sources (and to a limited extent) those officers with smaller hands who don't find an M9 comfortable. The SGC also seems to have a pretty eclectic mix of non-standard weapons - we've seen SG teams with P90s, G36Ks, and MP7s, none of which are USAF issue.
Admittedly, the idea of Fraiser brandishing a MAC-11 is quite amusing...
Thanks for the review
Review By [
] • Date [7 Jun 14] • Not Rated
Review of chapter "Slayer Lite" from
Been re-reading this story last few days (slowly, only on ch.10 of FLPv1.) and I'm wondering if you have a little character list or chart showing who's who, in what, etc... sometimes once fics breach 70-80k with a revolving door kind of cast of guest characters, only a core and canon set stick in my mind... basically, I don't recall who was in Team Van Helsing, and all the different soldiers she's learning from, only the name of her CO is stuck in my head. And while I recognised the name of the girl she was friends with back at, wherever she was prior to operation VH, yeah, forgot it already.
Some authors put little details like that into the series description, but generally those are for stories too unwieldy for it and should have their own Wikia site ;)
Review By [
] • Date [4 Jun 14] • Not Rated
Review of chapter "Sometimes You Get the Bear..." from
A ten for Buffy hearing the happy couple at the Delta Site...
"Whatever you say, Sam. But just remember one little thing... Quiet forest plus sensitive Slayer hearing? Major Screamer," Buffy smirked at a suddenly aghast and red-faced SG-1 XO.
Comments from author:
'Major Screamer' is so loud in mid-sex that my deaf grandmother could hear her, let alone a Slayer...
Thanks for the review
Review By [
] • Date [22 Apr 14] • Rating [10 out of 10]
Review of chapter "Encounters - Welcome and Unwelcome (Part Three)" from
Only got this far in FLP1, but I have to laugh once more at how this chaptee ended.
And I can imagine Faith's witty response; "If my body could never be found then men across the planet would declare a day of mourning!"
Comments from author:
You'll be glad to hear that I'm working on an FLP chapter and that'll be the next one I post.
Thanks for the review - glad you're enjoying it enough to read it all again!
Review By [
] • Date [21 Apr 14] • Rating [10 out of 10]
Review of chapter "Home And Other War Zones" from
Heya Cordyfan...
I came across the following back during the holidays... Yahoo just did a story on a different 'military cheerleader' and included a link to the other story...
Pretty sure you saw it... but just in case:
Note the 'special ops' in the link... Even looks a little like The Cordy... ;)
Comments from author:
I didn't actually notice this - and the top picture, especially, looks just like her!
Thanks for this.
Review By [
] • Date [30 Jan 14] • Not Rated
Review of chapter "Operation Broomstick (Part Two)" from
Emotional whiplash, much?
Whoa! I was cheering on Buffy when she went for the phone cord. I almost--no, I did--laugh my butt off when Travers was stuck on the 'Special Agent Summers' bit. Then Cordy shot Wesley's father? Did not see that coming. Glad to know that Cordy might not be writing Wesley off just yet, now that she more about him. To top it off, Travers got hit with a spell no one has heard of in...a long time, and there's reversing it. Dang it! You actually got me to feel sorry for the SOB. Then I'm justifiably grinning when the the rest of the Council goes through the Gate.
Great job!!!
Comments from author:
Seems like I achieved the desired effect here.
Travers, when it came down to it, was nothing more than a murderous librarian, running a corrupt gentleman's club. I couldn't think of a better end for him, so a protracted, agonising, magical end seemed appropriate. Wesley's father go what he deserved - not only for being a Council leader, but also stupid enough to take on armed SpecOps personnel. The Gate seemed the easiest way of disposing of the others. They'll have to work hard to survive - might not last very long...
Thanks for the review.
Review By [
] • Date [14 Sep 13] • Rating [9 out of 10]
Review of chapter "Home And Other War Zones" from
What a wonderful story! I love the concept of Cordy as a Slayer even the "lite" version. I really like her as a member of the Special Forces so cool!
Thanks for a great story!
Comments from author:
Cordy is seriously underused in fan-fiction and I've only seen a handful of stories where she was a Slayer (plus only one other where she was in the armed forces). Glad you enjoyed the story and hope you like the sequels.
Thanks for the enthusiastic review. :-)
Review By [
] • Date [22 Jun 13] • Rating [10 out of 10]
Review of chapter "Plots and Plans" from
It wasn't actually stated when Dr Lam started, so as a member of staff but not all that high up, it kind of makes sense at this stage.
as for the civilian or military - with the daddy issues, she wouldn't be in the military, although you might want to in future chapters, if you haven't already, make a point that she joined the SGC because Doc Frasier recruited her. its not just the best spec ops or physicists they're always after ;)
Comments from author:
At some point in the story, I mention that Lam's a civilian. A few reviewers have suggested that she's in the military but, in addition to the points you make, unlike Fraiser we never saw her addressing a superior officer as 'sir' or wearing a uniform, so I always thought she was a civilian employee.
Thanks for the review.
Review By [
] • Date [20 Jun 13] • Rating [10 out of 10]
Review of chapter "Home And Other War Zones" from
Great story. I agree that this is a good place to break off the story and start new ones.
Comments from author:
It was getting a little unweildy by the end and the Somalia raid seemed as good a place as any to start another volume. Hope you enjoy the sequels (Key to the Stars and Fate's Little Plaything are set within the same timeframe, so can be tackled in any order).
Thanks for the kind review.
Review By [
] • Date [9 Feb 13] • Rating [9 out of 10]
Review of chapter "Operation Broomstick (Part Two)" from
Ok, went back to TOBII and in Chapter 65. The Dead an author by the name HallowGreen posted a conglomeration of crossovers that mentioned the HGC, so I did a search on it. I found a few references, but being ADHD, I missed the little detail of the author's name being HallowGreen. I found your series and am falling in love with it. I hope that you are either still writing it or have at least finished it.
Comments from author:
Don't worry - I'm still writing, albeit somewhat slowly due to work commitments. It's sometimes just a matter of a few paragraphs here and there when I have the time. I have absolutely no intentions of abandoning it (on the contrary, I've already began to think about sequels).
Fate's Little Plaything (Volume One) has two concurrent sequels which are currently in progress: Fate's Little Plaything (Volume One) (what else?); and Key to the Stars. There's also a look ahead, with a story called Tanika's Trials. Hope you enjoy the rest and thanks for the kind reviews.
Review By [
] • Date [21 Jan 13] • Not Rated
Review of chapter "Operation Broomstick (Part Two)" from
Ok, found this series from your posting on Tails of the Barman II.
Must say that I like your take on things. Loving what you did with the Council. Don't see The First taking this newer Council as easy.
Still looking forward to how you are going to deal with Glory.
BTW, did I forget to mention that you ARE EVIL!!! Having Cordy dating Ben!
Comments from author:
Ummm - I've never posted on Tales of the Barman. Do you mean tyhe Ragnarok series?
The First might never appear, since the cirumstances of the canon series might not be replicated here.
I'm afraid Glory won't be dealt with until the end of the sequel to this one (Fate's Little Plaything Volume 2) - and in her true form, she's a much tougher proposition than in the series...
Cordy may or may not ultimately date Ben - I'll leave that for you to find out. ;-)
Thanks for the review
Review By [
] • Date [19 Jan 13] • Rating [9 out of 10]
Review of chapter "Home And Other War Zones" from
Before Hammond could respond, a well-formed and accurately-aimed snowball caught him right in the mouth, swiftly followed by several others around his head and shoulders. His eldest granddaughter certainly had a killer instinct, the General decided, spluttering on a mouthful of snow. Then a giggling Kayla opened fire, too.
Hmm, killer instinct...and killer aim...I find myself wondering if this is just a throwaway line or a hint of a future Potential...
Comments from author:
You know, I never thought about that... Maybe that could be an idea much further down the line.
Thanks for the review and the idea.
Review By [
] • Date [6 Oct 12] • Not Rated
Review of chapter "Busy Doing Nada" from
I'm going back and re-reading the whole story (have to do something waiting for the next chapter) and I found this little nugget.
"If Cordelia isn't on a Hellmouth – or not on this one, anyhow – when a Slayer next dies, it's likely that her remaining powers will be activated. Every Potential in the world is further infused with the Slayer essence when a Chosen One is killed, though only one will be Called. It almost certainly won't be Cordelia – amongst other things, her age militates against this – but that brief pulse of power may be enough to complete the process. At the same time, it is unlikely that she will ever have the ability to pass on the Slayer line.
I'm really not sure how a new line can do anything BUT pass through her, if she gets the full package. It would be kind of interesting to have two Slayer lines, though I certainly don't want Cordy to die...at least not permanently...
Comments from author:
There may actually be two lines on Earth right now (three if you count Cordy). Saedria has the Varrini line - but it's a debatable point whether or not her death would summon a Slayer on Earth, or amongst her own people. After all, Faith's brief death after she was poisoned by the Council sufficed to call Amyra.
I'm hoping to finish a new chapter soon, either from FLP or Key - depends which way the muse is running.
Thanks for the review.
Review By [
] • Date [4 Oct 12] • Not Rated
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You can now filter search results with text. Example: "person: john" will search only person pages for "john".
AXIS has come to an end and Deadpool is back to being... well, Deadpool.
Sister Justine battles something very familiar.
How far is too far when it comes to saving as many lives as possible?
Movie »
Nowhere Boy released on October 09, 2010.
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Nowhere Boy
by jerry_seinfeld on March 31, 2011
This film is excellant !!!! One of the greatest films I have seen. This is part due to my obsession with the rock n roll legend, known as John Lennon but this filmis still spectacular even if your not a Beatles or John Lennon fan. With the span of only 98 minutes i was wondering how they could do John Lennon's life justice in this film. They had executed it rather well. The film starts with a John Lennon as a boy with his Aunt Mimi and Uncle George. He receives a harmonica as a gift from his Unc...
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text: if Aramnd put them on the web, check out the Moot Minutes. Ceatta -----Original Message----- From: Tessa Nieto [mailto:eleanor_cleavely at yahoo.com] Sent: Tuesday, October 23, 2001 9:01 PM To: elfsea at ansteorra.org Subject: Re: [Elfsea] Moot Tonight -- Fighter Practice Discussion Good gentles, could someone post the outcome of the debate? Sebastian and I could not attend due to my illness. Thanks, Eleanor --- Paul or Galen <baron at elfsea.net> wrote: > Moot is TONIGHT at the Coors Brewery in north Forth > Worth! Among other > topics, we'll be discussing moving Elfsea's Sunday > Fighter Practice! > Please be there! > > - Galen > > > - Paul Mitchell / Galen of Bristol > "God whispers to us in our pleasures, speaks in our > conscience, but > shouts in our pains: it is His megaphone to rouse a > deaf world." > - C.S. Lewis > Please discontinue use of <pmitchel at flash.net>. > Replace with > <baron at elfsea.net>. > All my websites have moved to > <users2.ev1.net/~pmitchel>, because > Prodigy is about to impose its second rate increase > since buying out > Flash.Net. > > _______________________________________________ > Elfsea mailing list > Elfsea at ansteorra.org > http://www.ansteorra.org/mailman/listinfo/elfsea ===== The human language is like a cracked kettle on which we beat out a tune for a dancing bear, when we hope with our music to move the stars. - - - Gustave Flaubert, Madame Bovary __________________________________________________ Do You Yahoo!? Make a great connection at Yahoo! Personals. http://personals.yahoo.com _______________________________________________ Elfsea mailing list Elfsea at ansteorra.org http://www.ansteorra.org/mailman/listinfo/elfsea


text:
» News
Heller wins Nevada
Tester takes Montana, and North Dakota remains too close to call
Dean Heller (NV-R)
In the wee hours of the night, long after the presidential race had been called and everyone had gone home, three senate races dragged on, undecided, in Nevada, Montana, and North Dakota.
By early morning Wednesday, Nevada was finally called for Sen. Dean Heller, the Republican incumbent, who beat back a challenge from Democratic Rep. Shelley Berkley to hold onto his seat.
Shortly before 11 a.m. Wednesday morning, Montana was called for Democratic Sen. Jon Tester, who will return to the Senate to serve his second term. He beat Republican Denny Rehberg, Montana's lone congressman. The win gave Democrats their 54th vote in the Senate, counting the two independents — Vermont's Bernie Sanders, who caucuses with Democrats, and Maine's Angus King, who is expected to do so.
SNIP: THIS is what lost to Dean Heller
Shelley Berkley
» 25 Comments
Berkley better come preloaded with a full case of Viagra. Just sayin'.+6
Cardigan — Grab tonight's opening minutes of Mark Levin. Every conservative will get FIRED up.+3
Are you sure her name isn't 'Berzerkley'?
Obama does a better jaw lock on a dog than that…+1
At least we don't have to look at that transvestite anymore….Noteworthy Comment +10
Do these sex change freaks have any idea of what they look like?????Noteworthy Comment +11
Live in Reno Nevada…. Shelley is very well known as Harry ReidTard's up-the-butt-girl……+7
I was just gonna say…that's one ugly tranny.+7
Gee, we're saved.0
Shelley Berkley is one fine looking woman, were she a barnyard animal!+3
What the…. Is that Carrot Top? Man, the steroids really did a number on him.+3
A compound bucket full of mascara couldn't hide the sheer uglyness. Jeeeessse.+7
So in the first picture, is she recreating her meeting with Obama or Mooshell? Either way, YUCK!+2
Damn, I was really hoping Tester would get taken out.
Oh well, it looks like the Republican Senate campaign committee bonked it pretty good this year.+1
Ahhh, a TYPICAL democrat, corrupt as hell – Yawn…
From Wiki: On September 5, 2011, a New York Times exposé detailed the actions that Berkley took as a member of Congress that she and her husband financially benefited from.[14] The Times noted that, "Ms. Berkley's actions were among a series over the last five years in which she pushed legislation or twisted the arms of federal regulators to pursue an agenda that is aligned with the business interests of her husband, Dr. Larry Lehrner."
On September 19, 2011, the ethics watchdog Citizens for Responsibility and Ethics in Washington (CREW) released their annual Most Corrupt Members of Congress report.[15] The report listed Berkley in the "Dishonorable Mention" category.[16][17] Berkley was named in CREW's Most Corrupt Members of Congress report for the second year in a row in 2012.[18]
On July 9, 2012, the United States House Committee on Ethics voted unanimously to form an investigative subcommittee to see whether Berkley used her official position to advocate for policy that benefited her family's financial situation.[19] More specifically, Berkley is accused of pushing healthcare legislation that would benefit her husband's medical practice. Berkley was also blamed for her efforts to block the closure of a kidney transplant center where her husband was employed.[20]
In 1996 and 1997, while working as a government affairs adviser for Las Vegas Sands, during the construction of The Venetian Berkley advised her employer to make campaign contributions to two Clark County Commissioners and two Clark County judges to secure their approval for the new hotel.[21] Berkley also suggested to her employer, the option of hiring an uncle of County Commissioner Erin Kenny and to grant a daiquiri concession to commission chairwoman Yvonne Atkinson Gates.[21] Berkley also advised making campaign contributions to the two judges because they "tend to help those who helped them."[22]+3
Am I the only one who thinks she looks like Cruella De Ville? And she emphasizes the point by eating a dog, eh.+1
Is that Nancy Pelosi's grandmother?+4
Shelley Berkley had a career in TV before politics, or her twin did.
She looks like T'Nuk from Trippin' The Rift
That second pic looks like a "money shot" out of a gay porn movie for gawd's sake!!
Not that I've ever seen one, and come to think of it, my name might make a good "election porn" title.+2
Congratulations to Sen. Heller.
There were a few wins. A very few. But we did have some.+3
If you ever visited Vegas and seen his show or seen ads promoting a female impersonator named Frank Marino. I have always said that Frank Marino in drag looks more feminine than shelly berkley at her best.+1
In this environment, you have to wonder how Berkley lost. I think there's video of here taking that entire shwantzsage.
It had to have impressed the 18 year olds.+1
Please tell me that last pic was photoshopped! Yikes!+1
@Tony R: Yes it was photoshopped, to make her look better……+2
so sorry sheldon, maybe next time
looks like a "money shot" out of a gay porn movie for gawd's sake!!
what good dem photog would take an uncompromising pic like that one???+2
Con Fester has been a shit senator for our state. Mrs. enraged and I spent far too much time trying to get him to think beyond the end of his nose but he's just another (d) machine pol. Plenty of lazy and stupid to be found here too, I guess. At least we didn't go for obastard.+1


text:
For all our fancy social networking tools, the old-fashioned conference is still going strong.
Many of the leading folks in the advertising industry recently attended 4As Transformation 2011, SXSW Interactive, or both.
Both conferences were liberally supplied with hashtags and in the case of SXSW, live video streaming. Both conferences featured a ton of backchannel interactions via Twitter, texting, liveblogging, and the rest of the modern social suite.
Yet while these conferences are more virtual than ever before, they're also more popular and well-attended than ever before–despite the availability of free video, liveblogging and Twitter coverage.
Rather than acting as a substitute for being there, social media has augmented conferences to make them more relevant and useful than ever before.
(By the way, am I the only one who pictures conference attendees schmoozing with augmented reality glasses which display Twitter stats and LinkedIn connections above the head of all the other attendees?)
The lesson we can draw is that online collaboration doesn't mean the death knell of traditional face-to-face meetings. Rather, it enhances the power of face-to-face so that you can get the most out of the limited face time (not FaceTime) that's available.
Now here's the kicker: If social media and online collaboration can make so much of a difference for how you collaborate with other members of the industry, why aren't you using the same tools for working with your clients and other people within your agency?