text:
Title 24: Municipal and County Government
Chapter 117: MUNICIPAL AND REGIONAL PLANNING AND DEVELOPMENT
Sub-Chapter 007: Bylaws
24 V.S.A. § 4414. Zoning; permissible types of regulations
§ 4414. Zoning; permissible types of regulations
Any of the following types of regulations may be adopted by a municipality in its bylaws in conformance with the plan and for the purposes established in section 4302 of this title.
(1) Zoning districts. A municipality may define different and separate zoning districts, and identify within these districts which land uses are permitted as of right, and which are conditional uses requiring review and approval, including the districts set forth in this subdivision (1).
(A) Downtown, village center, new town center, and growth center districts. The definition or purpose stated for local downtown, village center, new town center, or growth center zoning districts should conform with the applicable definitions in section 2791 of this title. Municipalities may adopt downtown, village center, new town center, or growth center districts without seeking state designation under chapter 76A of this title. A municipality may adopt a manual of graphic or written design guidelines to assist applicants in the preparation of development applications. The following objectives should guide the establishment of boundaries, requirements, and review standards for these districts:
(i) To create a compact settlement oriented toward pedestrian activity and including an identifiable neighborhood center, with consistently higher densities than those found in surrounding districts.
(ii) To provide for a variety of housing types, jobs, shopping, services, and public facilities with residences, shops, workplaces, and public buildings interwoven within the district, all within close proximity.
(iii) To create a pattern of interconnecting streets and blocks, consistent with historic settlement patterns, that encourages multiple routes from origins to destinations.
(iv) To provide for a coordinated transportation system with a hierarchy of appropriately designed facilities for pedestrians, bicycles, public transit, and automotive vehicles.
(v) To provide for natural features and undisturbed areas that are incorporated into the open space of the neighborhood as well as historically compatible squares, greens, landscaped streets, and parks woven into the pattern of the neighborhood.
(vi) To provide for public buildings, open spaces, and other visual features that act as landmarks, symbols, and focal points for community identity.
(vii) To ensure compatibility of buildings and other improvements as determined by their arrangement, building bulk, form, design, character, and landscaping to establish a livable, harmonious, and diverse environment.
(viii) To provide for public and private buildings that form a consistent, distinct edge, are oriented toward streets, and define the border between the public street space and the private block interior.
(B) Agricultural, rural residential, forest, and recreational districts. Where, for the purposes set forth in section 4302 of this title, it is deemed necessary to safeguard certain areas from urban or suburban development and to encourage that development in other areas of the municipality or region, the following districts may be created:
(i) Agricultural or rural residential districts, permitting all types of agricultural uses and prohibiting all other land development except low density residential development.
(ii) Forest districts, permitting commercial forestry and related uses and prohibiting all other land development.
(iii) Recreational districts, permitting camps, ski areas, and related recreational facilities, including lodging for transients and seasonal residents, and prohibiting all other land development except construction of residences for occupancy by caretakers and their families.
(C) Airport hazard area. In accordance with 5 V.S.A. chapter 17, any municipality may adopt special bylaws governing the use of land, location, and size of buildings and density of population within a distance of two miles from the boundaries of an airport under an approach zone and for a distance of one mile from the boundaries of the airport elsewhere. The designation of that area and the bylaws applying within that area shall be in accord with applicable airport zoning guidelines, if any, adopted by the Vermont Transportation Board.
(D) Shorelands.
(i) A municipality may adopt bylaws to regulate shorelands as defined in 10 V.S.A. § 1422 to prevent and control water pollution; preserve and protect wetlands and other terrestrial and aquatic wildlife habitat; conserve the scenic beauty of shorelands; minimize shoreline erosion; reserve public access to public waters; and achieve other municipal, regional, or State shoreland conservation and development objectives.
(ii) Shoreland bylaws may regulate the design and maintenance of sanitary facilities; regulate filling of and other adverse alterations to wetlands and other wildlife habitat areas; control building location; require the provision and maintenance of vegetation; require provisions for access to public waters for all residents and owners of the development; and impose other requirements authorized by this chapter.
(E) Design review districts. Bylaws may contain provisions for the establishment of design review districts. Prior to the establishment of such a district, the planning commission shall prepare a report describing the particular planning and design problems of the proposed district and setting forth a design plan for the areas which shall include recommended planning and design criteria to guide future development. The planning commission shall hold a public hearing, after public notice, on that report. After this hearing, the planning commission may recommend to the legislative body a design review district as a bylaw amendment. A design review district may be created for any area containing structures of historical, architectural, or cultural merit, and other areas in which there is a concentration of community interest and participation such as a central business district, civic center, or a similar grouping or focus of activities. These areas may include townscape areas that resemble in important aspects the earliest permanent settlements, including a concentrated urban settlement with striking vistas, views extending across open fields and up to the forest edge, a central focal point and town green, and buildings of high architectural quality, including styles of the early 19th century. Within such a designated design review district, no structure may be erected, reconstructed, substantially altered, restored, moved, demolished, or changed in use or type of occupancy without approval of the plans by the appropriate municipal panel. A design review board may be appointed by the legislative body of the municipality, in accordance with section 4433 of this title, to advise any appropriate municipal panel.
(F) Local historic districts and landmarks.
(i) Bylaws may contain provisions for the establishment of historic districts and the designation of historic landmarks. Historic districts shall include structures and areas of historic or architectural significance and may include distinctive design or landscape characteristics, areas, and structures with a particular relationship to the historic and cultural values of the surrounding area, and structures whose exterior architectural features bear a significant relationship to the remainder of the structures or to the surrounding area. Bylaws may reference National and State Registers of Historic Places, properties, and districts. A report prepared under section 4441 of this title with respect to the establishment of a local historic district or designation of an historic landmark shall contain a map that clearly delineates the boundaries of the local historic district or landmark, justification for the boundary, a description of the elements of the resources that are integral to its historical, architectural, and cultural significance, and a statement of the significance of the local historic district or landmark.
(ii) With respect to external appearances and other than normal maintenance, no structure within a designated historic district may be rehabilitated, substantially altered, restored, moved, demolished, or changed, and no new structure within an historic district may be erected without approval of the plans therefor by the appropriate municipal panel. The panel shall consider the following in its review of plans submitted:
(I) The historic or architectural significance of the structure, its distinctive characteristics, and its relationship to the historic significance of the surrounding area.
(II) The relationship of the proposed changes in the exterior architectural features of the structure to the remainder of the structure and to the surrounding area.
(III) The general compatibility of the proposed exterior design, arrangement, texture, and materials proposed to be used.
(IV) Any other factors, including the environmental setting and aesthetic factors that the panel deems to be pertinent.
(iii) When an appropriate municipal panel is reviewing an application relating to an historic district, the panel:
(I) Shall be strict in its judgment of plans for those structures deemed to be valuable under subdivision (1)(F)(i) of this section, but is not required to limit new construction, alteration, or repairs to the architectural style of any one period, but may encourage compatible new design.
(II) If an application is submitted for the alteration of the exterior appearance of a structure or for the moving or demolition of a structure deemed to be significant under subdivision (1)(F)(i) of this section, shall meet with the owner of the structure to devise an economically feasible plan for the preservation of the structure.
(III) Shall approve an application only when the panel is satisfied that the proposed plan will not materially impair the historic or architectural significance of the structure or surrounding area.
(IV) In the case of a structure deemed to be significant under subdivision (1)(F)(i) of this section, may approve the proposed alteration despite subdivision (1)(F)(ii)(III) of this section if the panel finds either or both of the following: (aa) The structure is a deterrent to a major improvement program that will be of clear and substantial benefit to the municipality. (bb) Retention of the structure would cause undue financial hardship to the owner.
(iv) This subdivision (1)(F), and bylaws issued pursuant to it, shall apply to designation of individual landmarks as well as to designation of local historic districts. A landmark is any individual building, structure, or site that by itself has a special historic, architectural, or cultural value.
(v) The provisions of this subdivision (1)(F) shall not in any way apply to or affect buildings, structures, or land within the "Capitol complex," as defined in 29 V.S.A. chapter 6.
(G) River corridors and buffers. In accordance with section 4424 of this title, a municipality may adopt bylaws to protect river corridors and buffers, as those terms are defined in 10 V.S.A. §§ 1422 and 1427, in order to protect public safety; prevent and control water pollution; prevent and control stormwater runoff; preserve and protect wetlands and waterways; maintain and protect natural channel, streambank, and floodplain stability; minimize fluvial erosion and damage to property and transportation infrastructure; preserve and protect the habitat of terrestrial and aquatic wildlife; promote open space and aesthetics; and achieve other municipal, regional, or State conservation and development objectives for river corridors and buffers. River corridor and buffer bylaws may regulate the design and location of development; control the location of buildings; require the provision and maintenance or reestablishment of vegetation, including no net loss of vegetation; require screening of development or use from waters; reserve existing public access to public waters; and impose other requirements authorized by this chapter.
(2) Overlay districts. Special districts may be created to supplement or modify the zoning requirements otherwise applicable in underlying districts in order to provide supplementary provisions for areas such as shorelands and floodplains, aquifer and source protection areas, ridgelines and scenic features, highway intersection, bypass, and interchange areas, or other features described in section 4411 of this title.
(3) Conditional uses.
(A) In any district, certain uses may be allowed only by approval of the appropriate municipal panel, if general and specific standards to which each allowed use must conform are prescribed in the appropriate bylaws and if the appropriate municipal panel, under the procedures in subchapter 10 of this chapter, determines that the proposed use will conform to those standards. These general standards shall require that the proposed conditional use shall not result in an undue adverse effect on any of the following:
(i) The capacity of existing or planned community facilities.
(ii) The character of the area affected, as defined by the purpose or purposes of the zoning district within which the project is located, and specifically stated policies and standards of the municipal plan.
(iii) Traffic on roads and highways in the vicinity.
(iv) Bylaws and ordinances then in effect.
(v) Utilization of renewable energy resources.
(B) The general standards set forth in subdivision (3)(A) of this section may be supplemented by more specific criteria, including requirements with respect to any of the following:
(i) Minimum lot size.
(ii) Distance from adjacent or nearby uses.
(iii) Performance standards, as under subdivision (5) of this section.
(iv) Criteria adopted relating to site plan review pursuant to section 4416 of this title.
(v) Any other standards and factors that the bylaws may include.
(C) One or more of the review criteria found in 10 V.S.A. § 6086 may be adopted as standards for use in conditional use review.
(4) Parking and loading facilities. A municipality may adopt provisions setting forth standards for permitted and required facilities for off-street parking and loading which may vary by district and by uses within each district. These bylaws may also include provisions covering the location, size, design, access, landscaping, and screening of those facilities. In determining the number and size of parking spaces required under these regulations, the appropriate municipal panel may take into account the existence or availability of employer "transit pass" and rideshare programs, public transit routes, and public parking spaces in the vicinity of the development.
(5) Performance standards. As an alternative or supplement to the listing of specific uses permitted in districts, including those in manufacturing or industrial districts, bylaws may specify acceptable standards or levels of performance that will be required in connection with any use. These bylaws shall specifically describe the levels of operation that are acceptable and not likely to affect adversely the use of the surrounding area by the emission of such dangerous or objectionable elements as noise, vibration, smoke, dust, odor, or other form of air pollution, heat, cold, dampness, electromagnetic, or other disturbance, glare, liquid, or solid refuse or wastes; or create any dangerous, injurious, noxious, fire, explosive, or other hazard. The land planning policies and development bylaws manual prepared pursuant to section 4304 of this title shall contain recommended forms of alternative performance standards, and the assistance of the Agency of Commerce and Community Development shall be available to any municipality that requests aid in the application or enforcement of these bylaws.
(6) Access to renewable energy resources. Any municipality may adopt zoning and subdivision bylaws to encourage energy conservation and to protect and provide access to, among others, the collection or conversion of direct sunlight, wind, running water, organically derived fuels, including wood and agricultural sources, waste heat, and geothermal sources, including those recommendations contained in the adopted municipal plan, regional plan, or both. The bylaw shall establish a standard of review in conformance with the municipal plan provisions required pursuant to subdivision 4382(a)(9) of this title.
(7) Inclusionary zoning. In order to provide for affordable housing, bylaws may require that a certain percentage of housing units in a proposed subdivision, planned unit development, or multi-unit development meets defined affordability standards, which may include lower income limits than contained in the definition of "affordable housing" in subdivision 4303(1) of this title and may contain different affordability percentages than contained in the definition of "affordable housing development" in subdivision 4303(2) of this title. These provisions, at a minimum, shall comply with all the following:
(A) Be in conformance with specific policies of the housing element of the municipal plan.
(B) Be determined from an analysis of the need for affordable rental and sale housing units in the community.
(C) Include development incentives that contribute to the economic feasibility of providing affordable housing units, such as density bonuses, reductions or waivers of minimum lot, dimensional or parking requirements, reductions or waivers of applicable fees, or reductions or waivers of required public or nonpublic improvements.
(D) Require, through conditions of approval, that once affordable housing is built, its availability will be maintained through measures that establish income qualifications for renters or purchasers, promote affirmative marketing, and regulate the price, rent, and resale price of affordable units for a time period specified in the bylaws.
(8) Waivers.
(A) A bylaw may allow a municipality to grant waivers to reduce dimensional requirements, in accordance with specific standards that shall be in conformance with the plan and the goals set forth in section 4302 of this title. These standards may:
(i) Allow mitigation through design, screening, or other remedy;
(ii) Allow waivers for structures providing for disability accessibility, fire safety, and other requirements of law; and
(iii) Provide for energy conservation and renewable energy structures.
(B) If waivers from dimensional requirements are provided, the bylaws shall specify the process by which these waivers may be granted and appealed.
(9) Stormwater management and control. Any municipality may adopt bylaws to implement stormwater management and control consistent with the program developed by the secretary of natural resources pursuant to 10 V.S.A. § 1264.
(10) Time-share projects. The bylaws may require that time-share projects consisting of five or more time-share estates or licenses be subject to development review.
(11) Archaeological resources. A municipality may adopt bylaws for the purpose of regulating archaeological sites and areas that may contain significant archaeological sites to make progress toward attaining the goals in the municipal plan concerning the protection of archaeological sites.
(12) Wireless telecommunications facilities and ancillary improvements. A municipality may adopt bylaws to regulate wireless telecommunications facilities and ancillary improvements in a manner consistent with State or federal law. These bylaws may include requiring the decommissioning or dismantling of wireless telecommunications facilities and ancillary improvements, and may establish requirements that a bond be posted, or other security acceptable to the legislative body, in order to finance facility decommissioning or dismantling activities.
(13)(A) Wastewater and potable water supply systems. A municipality may adopt bylaws that:
(i) prohibit the initiation of construction under a zoning permit unless and until a wastewater and potable water supply permit is issued under 10 V.S.A. chapter 64; or
(ii) establish an application process for a zoning or subdivision permit, under which an applicant may submit a permit application for municipal review, and the municipality may condition the issuance of a final permit upon issuance of a wastewater and potable water supply permit under 10 V.S.A. chapter 64.
(B) For purposes of an appeal of a permit issued under a bylaw adopted under this subdivision (13), the appealable decision of the municipality shall be the issuance or denial of a final zoning or subdivision permit and not the requirement to condition issuance of a permit on issuance of a wastewater and potable water supply permit under 10 V.S.A. chapter 64.
(14) Green development incentives. A municipality may encourage the use of low-embodied energy in construction materials, planned neighborhood developments that allow for reduced use of fuel for transportation, and increased use of renewable technology by providing for regulatory incentives, including increased densities and expedited review. (Added 2003, No. 115 (Adj. Sess.), § 95; amended 2005, No. 183 (Adj. Sess.), § 5; 2007, No. 32, § 4; 2007, No. 79, § 15; 2007, No. 32, § 4a, eff. May 18, 2007; 2007, No. 79, § 15a, eff. June 9, 2007; 2007, No. 209 (Adj. Sess.), § 11; 2009, No. 110 (Adj. Sess.), § 7; 2009, No. 145 (Adj. Sess.), § 2, eff. June 1, 2010; 2013, No. 147 (Adj. Sess.), § 14, eff. June 1, 2014.)


text: Magistrate Judge Paul R. Cherry Magistrate Judge Paul R. Cherry Suite 3500, U.S. Courthouse 5400 Federal Plaza Hammond, IN 46320 219-852-6700 Case Management        - Sue Brown-Nickerson (219) 852-6703 Law Clerks        - Erin Goffette    - Michael Buschbacher (219) 852-6700 Email:      Case Management Questions:    Sue Brown-Nickerson      Proposed Orders:                        Judge Cherry Chambers Biography View Today's Schedule The information on the linked pages contains information about my case management procedures and other information. These procedures are designed to facilitate the prompt, efficient and equitable disposition of civil and criminal cases on my docket. The success of these procedures depends on your willingness to familiarize yourself with and follow them. GENERAL INFORMATION Courtroom Location and Courthouse Hours Courtroom Technology and Transcripts of Proceedings Pro Se Litigants Tips for Successful Practice Before Judge Cherry Tips for Courtroom Trial and Hearing Practice Before Judge Cherry CIVIL CASE MANAGEMENT Consent to Proceed before a Magistrate Judge Rule 16(b) Preliminary Pre-Trial Conference Discovery Disputes Pretrial and Discovery Motion Practice Settlement Conference Final Pre-Trial Conference Jury Instructions - Civil Jury Selection - Civil CRIMINAL CASE MANAGEMENT Initial Appearance Appointment of Counsel in Criminal Cases Detention Hearing Preliminary Hearing Arraignment Pretrial Conference in Criminal Cases and/or Change of Plea Hearing Misdemeanor Cases Central Violations Bureau Citations and Hearings EMPLOYMENT OPPORTUNITIES Law Clerk Intern/extern Send comments to INND Webmaster

subset: commoncrawl


text:
Buy a Powerball ticket? Oh, well...
Arizona, Missouri tix strike gold; all others scrap paper
|Powerball numbers are chosen in the drawing at the Florida Lottery on Wednesday in Tallahassee, Fla. The numbers drawn in the $579.9-million game were: 5, 16, 22, 23, 29 and Powerball of 6. (AP Photo/Phil Sears)
CHICAGO (AP) — Two ticket holders will share the highest Powerball jackpot ever, and the second-largest top prize in U.S. lottery history. The question is: Who are the winners waking up to new lives as multimillionaires?
Lottery officials said early Thursday that tickets sold in Arizona and Missouri matched all six numbers to win the record $587.5 million jackpot.
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text:
Tom Flanagan (political scientist)
|Tom Flanagan
Fellow of the Royal Society of Canada
|Thomas Eugene Flanagan
March 5, 1944
Ottawa, Illinois, USA
|University of Notre Dame, Free University of West Berlin, Duke University
|Alma mater
|Duke University
|Professor Political Science, Political Consultant,[1]
|University of Calgary
|Calgary School
Board member of
|Society for Academic Freedom and Scholarship
Thomas Eugene "Tom" Flanagan, CM FRSC (born March 5, 1944) is an American-born author, conservative political activist, and was a political science professor at the University of Calgary. Flanagan is on "research and scholarship leave" from the University of Calgary since January 2013.[2] He also served as an advisor to Canadian prime minister Stephen Harper until 2004. Flanagan has focused on challenging Native and Métis rights. In connection with his multi-year research and publications on Louis Riel, Flanagan published a reinterpretation of the North-West Rebellion, defending the federal government's response to Métis land claims.[3] He began publishing works on Louis Riel (leader of the 1885 North-West Rebellion)in the 1970s, which evolved into a multi-year 'Louis Riel Project' that he coordinated. During the 2012 provincial elections he served as the campaign manager of the Wildrose Party, an Alberta libertarian/conservative provincial party.[4] As an offshoot of his political activism, Flanagan began to write as a columnist in 1997, publishing in media such as the Globe and Mail, National Post, Calgary Herald, Ottawa Citizen, Maclean's, and Time. He appeared regularly on Canadian TV and radio as commentator.
- 1 Education and teaching
- 2 Research and scholarship
- 3 Role as historical consultant and expert witness
- 4 Views
- 5 Affiliations
- 6 Political influence
- 7 Political controversies
- 8 Selected publications in reverse chronological order
- 9 Notes
- 10 References
- 11 External links
Education and teaching[edit]
Flanagan earned a B.A. at Notre Dame University in Indiana.[5] Studying political science under John Hallowell, Flanagan earned an M.A. in 1967 and a Ph.D. in 1970, both at Duke University in North Carolina.[5] He also studied at the Free University of Berlin.[5]
Flanagan has taught at the University of Calgary since 1968 and co-authored an introductory Canadian politics textbook.[6] He served as Head of the Political Science Department and Assistant to the President of the University.[5] Since January 2013 Flanagan is on "research and scholarship leave" and is scheduled to retire June 30, 2013.[7]
Since the 1970s Tom Flanagan published numerous scholarly studies "debunking the heroism of Métis icon Louis Riel, arguing against native land claims, and calling for an end to aboriginal rights (McDonald 2004)." [8]
Flanagan developed his concept of aboriginal orthodoxy in which he argued against aboriginal collective rights. He claimed that the Canadian Charter of Rights and Freedoms (1982 ) Section 35 amendment, which stated that "The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed" resulted in thousands of cases involving aboriginal and treaty rights—indeed thousands of cases including residential school claims. Flanagan decried the increased influence of the courts and "[t]he sheer volume of these cases" which threaten "to take policy-making out of the hands of elected representatives and put it into the hands of a small cadre of judges, lawyers, law professors, and expert witnesses (Flanagan 2001:9) Although Flanagan admits that he has profited as expert witness, he also believes that "[this] flood of litigation is detrimental to democracy" (Flanagan 2001:9).[9]
Research and scholarship[edit]
Tom Flanagan has widely published in areas such as political science, public policy, political theory and aboriginal land claims, from a libertarian perspective [10]
Flanagan developed a theory that the Métis leader Louis Riel could be understood as a millenarian prophet, not just as a political figure. He translated and edited Riel's diaries[11] and co-edited a volume of Riel's youthful poetry which won the 1978 Prix Champlain.[12] He also published the book Louis 'David' Riel: 'Prophet of the New World', which won the Canadian Biography Award from the University of British Columbia.[13]
Flanagan later participated in the "Louis Riel Project", collecting and publishing all of Riel's writings, which have been dispersed among more than 40 archives in Canada and the United States. The University of Alberta Press published the work in 1985 to commemorate the centennial of the North-West Rebellion.[14] In connection with this work, Flanagan also published a reinterpretation of the North-West Rebellion, highlighting how the government had responded to Métis land claims.[3]
Flanagan was retained by the federal Department of Justice in litigation over Métis claims in Manitoba. His 1991 book Metis Lands in Manitoba, won the 1992 Margaret McDonald/McWilliams Medal, awarded by the Historical Society of Manitoba for the best book of the year on Manitoba history.[15]
Flanagan later published the controversial First Nations, Second Thoughts,[16] which critiqued the report of the Royal Commission on Aboriginal Peoples. The book received the Donner Prize for the best book of the year on Canadian public policy in 2000,[notes 1] and the Donald Smiley Prize from the Canadian Political Science Association for the best book on Canadian government and politics.[17]
In his 2002 review, Yale D. Belanger,[18] compared Alan Cairn's publication entitled Citizens Plus [19] with Flanagan's First Nations? Second Thoughts. He concluded that the ideas in First Nations? Second Thoughts should be made publicly available and read as a companion piece with Cairn's Citizens Plus. The books were written for very different audiences: Flanagan wrote First Nations, Second Thoughts (2000) for the lay reader while Cairns wrote for an informed academic audience. Belanger questioned why Flanagan as a professional academic did not access more robust peer-reviewed scholarly resources regarding analysis and statistics preferring instead to make extensive use of newspaper clippings from the Calgary Herald, the National Post, and the Globe and Mail and the conservative magazine the Alberta Report. Flanagan did not visit any First Nation communities to research the publication nor did he quote any Aboriginal leader in support land privatization in exchange for the end of the reserve system (Belanger 2002:107) Belanger described Flanagan's tone as "distasteful", "militant", and "sensationalist." He claimed he echoed "the assimilation rhetoric of 19th century policy makers and politicians" which perpetuates a stereotyped image of First Nations as "uncivilized" and "unwilling to shake the social pathologies he suggests proliferate all reserve communities." But he felt that readers would have a more holistic understanding of the complexities of the debate by reading both books.[18]
Pamela Palmater, a Mi'kmaq lawyer who holds new chair in indigenous governance at Ryerson University, argued in her review that First Nations, Second Thoughts provides a summary of Flanagan's convictions that "since First Nations in Canada are uncivilized and their governments produce 'wasteful, destructive, familistic factionalism,' they should not be entitled to self-governing powers, special tax exemptions or federal funding, but should be assimilated and their reserves divided up into parcels of individually owned, 'fee simple' lands available for sale to non-aboriginal people and corporations." [20]
In order to become self-supporting and get beyond the social pathologies that are ruining their communities, aboriginal people need to acquire the skills and attitudes that bring success in a liberal society, political democracy, and market economy. Call it assimilation, call it integration, call it adaptation, call it whatever you want: it has to happen (Flanagan 2008:195).
Flanagan claimed that "European civilization was several thousand years more advanced than the aboriginal cultures of North America" and colonization was therefore "inevitable" and "justifiable." [21]
In 2010, he published Beyond the Indian Act: Restoring Aboriginal Property Rights, co-written with Christopher Alcantara and Andre Le Dressay. This book was a finalist for the Donner Prize.
Flanagan has written a book on property rights,[22] a book on game theory,[23] and another about conservative Canadian political parties.[24] His books on Preston Manning and the Reform Party, and Stephen Harper and the Conservative Party, were based on his experiences as political adviser and campaign manager (discussed below).
In 1996, Flanagan was elected a fellow of the Royal Society of Canada (Academy II). The citation mentioned his contribution to the study of Louis Riel and the Métis, Western Canadian history, and Canadian political parties.
Role as historical consultant and expert witness[edit]
In 1986 Tom Flanagan became the historical consultant and primary expert witness for the Federal Department of Justice in the Manitoba Métis Federation v Canada case (Flanagan, Metis Lands vii). He criticized the recognition of the Indian title of the Métis (1885 Reconsidered) and of the "Métis as an Aboriginal people in the Constitution Act, 1982 (Case Against; Metis Rights) and traced the original evolution of what can be called the 'doctrine of the derivative aboriginal rights' (History)8. Among other things, the Calgary School political scientist has asserted that, during the Resistance in 1869-70, not only did the Métis "never describe themselves as an aboriginal people with special land rights" (Blais 160) nor demand "special treatment as an Aboriginal people" (History 73) but that there "was never a demand for special treatment of the Métis as a group" (Case against 316; Metis Rights 231), nor for a land grant or anything like it" (Reconsidered 2nd ed. 65) (O'Toole 2010:140)." [25]
Substantial grants of land provided to the Metis by the Manitoba Act were rapidly transferred from Metis to immigrants from Ontario who had arrived in large numbers. New research in the 1970s and 1980s shifted the blame to the government's lack of administration of the land grants. Flanagan and Ens (1996) argued that the government acted appropriately and that the Metis had gained financially.[26]
The Manitoba Métis Federation has been in and out of provincial and federal courts for decades in a high-stakes land-claims negotiation. The case involves Sir John A. Macdonald and Louis Riel and unfulfilled promise of land for the Métis people. Manitoba Métis Federation v Canada & Manitoba court case was argued before the Supreme Court of Canada in 2012. In 2012 Tom Berger, the renowned aboriginal rights lawyer represented the Manitoba Métis Federation in front of the Supreme Court (SCC Case Information: #33880 Manitoba Métis Federation Inc., et al. v. Attorney General of Canada, et al.) claiming that the federal government never "lived up to the 1870 deal that settled the Red River Rebellion, fought by Métis struggling to hold on to their land in the face of growing white settlement." "A Métis win would probably lead to high-stakes land-claim negotiations — and fulfil a prophesy made by Métis leader Louis Riel more than a century ago." [27] [notes 2][28]
In 1976 Tom Flanagan published The Diaries of Louis Riel. [29] was one of three Louis Riel biographers, along with Gilles Martel and Glen Campbell who collected and published Riel's poetry under the title Poésies de Jeunesse in 1977.[30] Flanagan became the coordinator for a multi-year Louis Riel Project. In 1979 he published Louis "David" Riel: Prophet of the New World.[31] In 1983 he published Riel and the Rebellion.[32] In 1985 he co-edited The Collected Writings of Louis Riel/Les Ecrits complet de Louis Riel [33] Tom Flanagan's research on Louis Riel situated him at the apex of debates on Métis rights and land claims. The 1970s saw a new age of land claims negotiations that would change the relationships between First Nations, Inuit and Métis of Canada. In 1973 Canadian law acknowledged that aboriginal title to land existed prior to the colonization of the continent Calder case (1973) [notes 3] It is not surprising then that there was a "virtual "explosion in Métis scholarship" that emerged in the 1970s,[34] to determine the causes for the large scale migration of Métis in Manitoba. "With native political organizations and the governments of Canada and Manitoba embroiled in an on-going court battle, various scholars have received generous financial support to investigate Métis land claims in Manitoba." Tom Flanagan, acting as "historical consultant for the Federal Department of Justice" argued that the "federal government fulfilled the land provisions of the Manitoba Act." Donald Sprague, a "historian retained by the Manitoba Métis Federation to undertake research into Métis land claims, argues that through a process of formal and informal discouragement, the Métis were victims of a deliberate conspiracy in which John A. Macdonald and the Canadian government successfully kept them from obtaining title to the land they were to receive under terms of the Manitoba Act of 1870." [34]
Flanagan has served as a witness for Alberta, Manitoba, and Canada in litigation involving native rights and land claims, providing testimony about the Numbered Treaties and the administration of federal programs for Métis and Indians in Western Canada. He has since stated that he will no longer be serving in this capacity for ethical reasons.
The Blais decision,[35] as well as the later Manitoba Metis Federation case, upheld the efficacy of the nineteenth-century distribution of land and scrip in extinguishing Métis land rights in Manitoba.[36] The Manitoba Metis Federation case is currently under appeal to the Supreme Court of Canada.[37]
Benoit established that Treaty Eight did not grant immunity from taxation to Indians living off reserve.[38]
In Victor Buffalo, the Samson Cree band, located near Hobbema, Alberta, unsuccessfully challenged the federal government's implementation of Treaty Six.[39]
Flanagan was also a witness for the University of Alberta in the Dickason case in which the Supreme Court of Canada ultimately upheld the validity of mandatory retirement for university professors.[40]
Tom Flanagan adopts a libertarian point of view and defends personal freedom particularly in academia.[10]
Child pornography[edit]
In November 2009 Flanagan expressed views on child pornography that would not be picked up on until he repeated them several years later: "But that's actually another interesting debate or seminar: what's wrong with child pornography—in the sense that it's just pictures?" at a University of Manitoba talk to students. The University of Manitoba Aboriginal Students' Association (UMASA) wrote a letter of complaint to the head of the political studies department, Dr. George MacLean but Flanagan's comments did not receive widespread attention.[41][42]
In a February 27, 2013 discussion about child pornography at the University of Lethbridge Flanagan said that there was "no harm" in actually viewing child porn, stating that "I certainly have no sympathy for child molesters, but I do have some grave doubts about putting people in jail because of their taste in pictures, I don't look at these pictures." He also indicated "he was put on the mailing list of the national Man Boy Love Association for several years".[43] His remarks proved controversial: Wildrose Party leader Danielle Smith cut her ties with Flanagan because "there is no language strong enough to condemn [his] comments", Andrew McDougall (the Director of Communications for the federal government) considered them to be "repugnant, ignorant, and appalling," and CBC News immediately announced that, "In light of recent remarks made by Tom Flanagan at the University of Lethbridge, CBC News has taken the decision to end our association with him as a commentator on Power and Politics. While we support and encourage free speech across the country and a diverse range of voices, we believe Mr Flanagan's comments to have crossed the line and impacted his credibility as a commentator for us (McGuire February 28, 2013)".[43][44]
Flanagan subsequently apologized for his remarks, stating that his words were "badly chosen".[45] On March 5, 2013 Flanagan, on an interview with The Agenda talk show host Steve Paikin, Flanagan defends his position, and explains that he was cut off and unable to explain fully his position. He also states he was posing a question to provoke thought as he would have done as a professor.[46]
Flanagan was described as among the most conservative members of the Reform Party in 1998.[47]
Flanagan self describes as Hayekian.[48]
Superiority of western civilization and colonialism as justifiable and inevitable[edit]
Flanagan adopts the philosophical analysis of John Locke (1632-1704) and Emer de Vattel that European colonization of North America by western civilization, was justifiable and inevitable.[49] [notes 4] Flanagan asserts that "European civilization was several thousand years more advanced than the Aboriginal cultures of North America both in technology and social organization" (Flanagan 2000:6).[49]
Flanagan is often described as a member of the Calgary School, which includes a group of conservatively inclined professors at the University of Calgary, such as Barry Cooper, F.L.(Ted) Morton, Rainer Knopff and history professor David Bercuson [47][48][50] who are strongly committed to strategic and direct influence on public affairs with a long term vision. [notes 5]
By 1998, the Center for Strategic and International Studies (CSIS), a public policy research institution based in Washington, DC had already observed the ascendancy of the role of Calgary-based academics on Canadian public policy, specifically the Calgary School of political science (Rovinsky 1998:10).[47]
In The Court Party, Knopff and Morton took on judicial activism. Cooper and Bercuson's Deconfederation undermined the Meech Lake agenda of endless concessions to Quebec. In First Nations? Second Thoughts, I stood up against the juggernaut of the Royal Commission on Aboriginal Peoples. All these books were widely discussed in the media and have had some impact on the course of public affairs.
— Tom Flanagan, Advice to progressives from the Calgary School, Literary Review of Canada
He is also a senior fellow of the conservative think tank the Fraser Institute.
Political influence[edit]
In a jocular [notes 6] letter written to the Literary Review of Canada (2010–12),[48] Flanagan commented that, "Sylvia Bashevkin's plaintive cri de coeur confirmed my belief that conservatives are winning the war of ideas in Canada. The Calgary School of political science—Barry Cooper, Ted Morton, Rainer Knopff and I, along with our historian outrider David Bercuson—did not cause this transformation, but we and our students have played an honourable part in making it happen." [48]
Reform Party of Canada[edit]
Tom Flanagan joined the right-wing populist Reform Party of Canada in 1990 [51] and began working there in 1991 as director of policy research (Rovinsky 1998:11).[47] Flanagan, who was among the most conservative of Preston Manning's advisers, was fired before the 1993 federal election.[47][notes 7][47][52][53]
Tom Flanagan and Stephen Harper[edit]
Tom Flanagan and Stephen Harper began publishing together in 1996-7 with "Canadian conservatism is at its strongest level in many years".[54] Their controversial opinion piece entitled "Our Benign Dictatorship: Canada's system of one-party-plus rule has stunted democracy. Two prominent conservatives present the case for more representative government"[54] which argued that the Liberal Party only retained power through a dysfunctional political system and a divided opposition. Harper and Flanagan argued that national conservative governments between 1917 and 1993 were founded on temporary alliances between Western populists and Quebec nationalists, and were unable to govern because of their fundamental contradictions. The authors called for an alliance of Canada's conservative parties, and suggested that meaningful political change might require electoral reforms such as proportional representation. "Our Benign Dictatorship" also commended Conrad Black's purchase of the Southam newspaper chain, arguing that his stewardship would provide for a "pluralistic" editorial view to counter the "monolithically liberal and feminist" approach of the previous management.[54] Flanagan and Harper co-authored their last article in 2001.[8] Flanagan was a key player in Stephen Harper's political rise to Prime Minister of Canada. Flanagan managed his leadership campaigns for the Canadian Alliance (2002) and the Conservative Party of Canada (2004). He also managed the Conservative Party's national election campaign in 2004. He was the Senior Communications Adviser for the Conservatives successful 2005–2006 election campaign.[55]
In 2007 Flanagan published his book entitled Harper's Team: Behind the Scenes in the Conservative Rise to Power.[56]
By 2010 Government House Leader John Baird announced during question period in the House of Commons that "Mr. Flanagan speaks for himself ... He doesn't speak for the government and he hasn't advised the Prime Minister Office Stephen Harper for years. I certainly don't share his views." [57]
Flanagan was founding member and president of the Canadian conservative society [1], founded in 1996 by William Gairdner.,[53] described the Society's raison d'être this way:
For those of you who are not yet familiar with Civitas, it grows out of Canadians' desire to take up one of the great challenges of Western civilization: how to reconcile our desire for individual freedom with the need for social order. Every society and age throws up new challenges requiring us to balance these precious values. As a "society where ideas meet," Civitas is an organization dedicated to promoting and nurturing that conversation in Canada today. We bring together people with an interest in conservative, classical liberal and libertarian ideas and allow them to engage with some of the world's finest minds who are grappling with these questions.
— Brian Lee Crowley , Civitas Regional Dinner, Halifax, 27 October 2005
His critics claimed he had too much power in the shadows, advising Canadian politicians, to whittle "aboriginal claims on land and self-determination down to individual property rights and municipal self-government." [8]
Society for Academic Freedom and Scholarship[edit]
Tom Flanagan has served on the Board of Directors of the Society for Academic Freedom and Scholarship since 2004.
Political controversies[edit]
In 2001, Flanagan helped Harper seek the leadership of the Canadian Alliance. Flanagan managed Harper's leadership campaign, and Harper went on to win the Alliance leadership in March 2002. Flanagan then served for one year as chief of staff to Harper, who was then the Leader of the Opposition.
Flanagan returned to Calgary in 2003 but continued as campaign manager. Before the next election could take place, the Alliance merged in late 2003 with the Progressive Conservatives to form the new Conservative Party of Canada. Flanagan then managed Harper's successful leadership race against Belinda Stronach and Tony Clement. After that was concluded, Flanagan organized and managed the Conservative national campaign for the general election of June 28, 2004. The Conservative Party lost that election but did succeed in bringing Paul Martin's Liberals down to a minority government, which set the stage for future Conservative victories.
In 2010, Flanagan made controversial comments, later retracted, advocating the assassination of WikiLeaks founder Julian Assange.[57] While appearing on the CBC television program "Power & Politics", he called for WikiLeaks founder Julian Assange to be killed. "I think Assange should be assassinated," Flanagan stated, before noting to host Evan Solomon, "I'm feeling pretty manly today." Flanagan subsequently retracted his call for the death of Assange while reiterating his opposition to WikiLeaks.[57] Dimitri Soudas, spokesman to Prime Minister Stephen Harper, decried Flanagan's comments and said the former Tory strategist "should be charged with incitement to commit murder." The call for prosecution was joined by both Assange and Vancouver attorney Gail Davidson, who filed a police complaint against Flanagan.[58] Ralph Goodale, deputy leader of the Liberal Party in the House of Commons, called Flanagan's remarks "clearly contrary to the Canadian Charter of Rights and Freedoms."[59] Flanagan apologized acknowledging that his words were "glib and thoughtless."[57]
In 2008, Flanagan and Doug Finley were accused by Dona Cadman of offering her late husband, MP Chuck Cadman, a million-dollar life insurance policy (on behalf of the Conservative Party of Canada) in exchange for his vote against the Liberal budget in May 2005. This vote would have caused the government to fall and triggered an election.[60] The Royal Canadian Mounted Police found no evidence to support criminal charges.[61]
Selected publications in reverse chronological order[edit]
- 2014 Flanagan, Thomas. Winning Power: Canadian Campaigning in the Twenty-First Century. Montreal and Kingston: McGill-Queen's University Press.
- 2009 Mark O. Dickerson,; Thomas Flanagan; Brenda O'Neill (2009). An Introduction to government and politics: A Conceptual Approach (8 ed.). Toronto: Nelson.
- 2007 Flanagan, Thomas. Harper's Team: Behind the Scenes in the Conservative Rise to Power. Montreal and Kingston: McGill-Queen's University Press.
- 2006 Flanagan, Thomas; Anderson, Terry L.; Benson, Bruce. Self-Determination: The Other Path for Native Americans. Stanford: Stanford University Press. p. 346.
- 2005 Flanagan, Thomas; Dickerson, Mark. An Introduction to Government and Politics: A Conceptual Approach (7 ed.). Toronto: Thomson Nelson. p. 304.
- 2002 Flanagan, Thomas. Premieres Nations? Second Regards (7 ed.). Montreal and Kingston: McGill-Queen's University Press. p. 304.
- 1995 Flanagan, Tom (1995). Waiting for the Wave: The Reform Party and Preston Manning. Toronto: Stoddart. p. 245.
- 1991 Flanagan, Thomas (1991). Métis Lands in Manitoba. Calgary: University of Calgary.
- 1985 George G.F. Stanley; Raymond J.A. Huel; Gilles Martel; Thomas Flanagan; Glen Campbell, eds. (1985). The Collected Writings of Louis Riel/Les Ecrits complet de Louis Riel. Calgary, Alberta: University of Calgary.
- 1983 Flanagan, Thomas (1983). Riel and the Rebellion: 1885 Reconsidered. Saskatoon: Western Producer Prairie Books.
Selected journal articles[edit]
- 1996 Thomas Flanagan; Gerhard Ens (1996). "Metis Land Grants in Manitoba: A Statistical Study" (PDF). Social History 27 (53): 65–87.
- 1990 Flanagan, Thomas (1990). "The History of Métis Aboriginal Rights: Politics, Principles and Policy". Canadian Journal of Law and Society 5: 71–94. doi:10.1017/s0829320100001721.
- 1986 Flanagan, Thomas (1986). "Louis Riel: A Review Essay". Journal of Canadian Studies 21 (2): 157–164.
- 1983 Flanagan, Thomas (1983). "The Case Against Métis Aboriginal Rights". Canadian Public Policy 9 (3): 314–325. doi:10.2307/3550780.
|chapter=ignored (help)
Book chapters[edit]
- 1985 Flanagan, Thomas (1985). "Métis Aboriginal Rights: Some Historical and Contemporary Problems". In Menno Boldt et al. The Quest for Justice: Aboriginal Peoples and Aboriginal Rights. Toronto: University of Toronto Press. pp. 230–245.
- 1983 Flanagan, Thomas (1983). "Louis Riel and Aboriginal Rights". In Ian A. L. Getty; Antoine S. Lussier. As Long as the Sun Shines and Water Flows: A Reader in Canadian Native Studies. Vancouver, BC: University of British Columbia Press.
- 1979 Flanagan, Thomas (1979). "The Political Thought of Louis Riel". In Antoine S. Lussier. Riel and the Métis. Winnipeg, Manitoba: Métis Federation Press. pp. 131–160.
- ^ Harper and Flanagan (Winter 1996-1997) accredited the Donner Canadian Foundation, a newly formed foundation "with real money to spend" that promoted Canadian conservatism, with the "acceleration of the growth of a conservative intellectual network" along with the National Citizens' Coalition, the Fraser Institute, Alberta Report and others (Harper and Flanagan 2006-2007)."
- ^ In 2012 Tom Berger, the renowned aboriginal rights lawyer represented the Manitoba Métis Federation in front of the Supreme Court claiming that the federal government never "lived up to the 1870 deal that settled the Red River Rebellion, fought by Métis struggling to hold on to their land in the face of growing white settlement." "A Métis win would probably lead to high-stakes land-claim negotiations — and fulfil a prophesy made by Métis leader Louis Riel more than a century ago." "White settlers from Ontario and the United States were pouring into what is now Manitoba, alarming Métis who had lived and farmed there for generations. In an attempt to assert control, Mr. Riel declared a provisional Métis government in 1870 to negotiate with Ottawa — a government backed by armed Métis insurgents. In response, the federal government passed the Manitoba Act, which carved the province out of the sprawling region called the Northwest Territories and established Canadian dominion. The act promised 5,565 square kilometres of land would be set aside for the 7,000 children of the Red River Métis (Weber 2012)."
- ^ Although Chief Calder of the Nisga'a natives of northwestern BC lost their Supreme Court case in 1973, It was the first time that Canadian law acknowledged that aboriginal title to land existed prior to the colonization of the continent and was not merely derived from statutory law. The decision led to federal willingness to negotiate native land claims.
- ^ John Locke, the Father of Classical Liberalism,(Locke, John. A Letter Concerning Toleration Routledge, New York, 1991. p. 5 (Introduction))(Delaney, Tim. The march of unreason: science, democracy, and the new fundamentalism Oxford University Press, New York, 2005. p. 18) (Godwin, Kenneth et al. School choice tradeoffs: liberty, equity, and diversity University of Texas Press, Austin, 2002. p. 12). Locke's contributions to classical republicanism and liberal theory are reflected in the United States Declaration of Independence(Becker, Carl Lotus. The Declaration of Independence: A Study in the History of Political Ideas Harcourt, Brace, 1922. p. 27)
- ^ "There are tensions between the socially conservative and economically conservative factions within the school. Bercuson publicly criticized Morton's social policies, saying "[they] were hard to stomach for a libertarian." (McLean, Archie. "Morton would use Alberta as his 'guinea pig': Social, religious views will drive policy, expert says", Edmonton Journal, 2 December 2006.)Such division brings into question whether its members reflect a coherent "school" of thought (Wikipedia article on Calgary School)."
- ^ Flanagan has been described as "colourful", "provocative", "no stranger to controversy" with an "off-the-cuff sense of humour" who sometimes talks "tongue-in-cheek".(CBC 2010)
- ^ Flanagan supported conservative economic and social policies which were popular in the west but not elsewhere in Canada at that time. Manning was transforming the party into a broader center-right party (Rovinsky 1998:11).
- ^ Gary Johns, ed. (2001–2011) (PDF). Waking Up to Dream Time: The Illusion of Aboriginal Self-Determination (Report). Quadrant Online. http://www.quadrant.org.au/Johns%20Waking%20up%20to%20Dreamtime.pdf.
- ^ O'Malley, Kady (2013). "UPDATE: Flanagan offers 'unreserved' apology for 'child porn' comments - Inside Politics". cbc.ca. Retrieved February 28, 2013.
'research and scholarship leave'
- ^ a b Thomas Flanagan, Riel and the Rebellion: 1885 Reconsidered (Saskatoon: Western Producer Prairie Books, 1983). Second edition, University of Toronto Press, 2000.
- ^ "Balanced Budget Ad". Retrieved 31 March 2012.
- ^ a b c d Thomas Flanagan (1992). Cook, Terry; Blais, Gabrielle, eds. "Louis Riel" (PDF). Ottawa, ON: Canadian Historical Association. ISBN 0-88798-180-1. ISSN 1715-8621.
- ^ Mark O. Dickerson,; Thomas Flanagan; Brenda O'Neill (2009). An Introduction to government and politics: A Conceptual Approach (8 ed.). Toronto: Nelson.
- ^ Purdy, Chris (2013). "Tom Flanagan apologizes after condemnation of 'appalling' child porn remarks | Canadian Politics". nationalpost.com. Retrieved March 1, 2013.
- ^ a b c Marci McDonald (October 2004). "The Man Behind Stephen Harper". Walrus. Retrieved 2013-01-18.
- ^ Tom Flanagan (2001–2011). "Aboriginal Orthodoxy in Canada". In Gary Johns. Waking Up to Dream Time: The Illusion of Aboriginal Self-Determination (PDF). Quadrant Online.
- ^ a b "The Agenda with Steve Paikin: Tom Flanagan Responds". TVO. March 5, 2013. Retrieved March 9, 2013.
- ^ Thomas Flanagan, ed., The Diaries of Louis Riel (Edmonton: Hurtig, 1976)
- ^ Gilles Martel, Glen Campbell, and Thomas Flanagan, eds., Louis Riel: Poésies de jeunesse (St. Boniface, MB: Les Editions du Blé, 1977).
- ^ Thomas Flanagan, Louis 'David' Riel: 'Prophet of the New World' (Toronto: University of Toronto Press, 1979). Second edition, 1996.
- ^ G.F.G. Stanley et al., eds., The Collected Writings of Louis Riel/Les Ecrits complets de Louis Riel (Edmonton: University of Alberta Press, 1985).
- ^ Thomas Flanagan, Metis Lands in Manitoba (Calgary: University of Calgary Press, 1991).
- ^ George Pierre Castile (2002), "First Nations, Second Thoughts", Ethnohistory: 875–877
- ^ Tom Flanagan, First Nations? Second Thoughts (Montreal: McGill-Queen's University Press, 2000). Second edition 2008.
- ^ a b Yale D. Belanger (2002). "Book Review of Citizen's Plus and First Nations? Second Thoughts" (PDF). The Journal of Aboriginal Economic Development 2 (2): 104–108. Retrieved January 20, 2013.
- ^ Alan Cairns (2000). Citizen's Plus: Aboriginal Peoples and the Canadian Nation State. UBC Press.
- ^ Pamela D. Palmater (April 2010). "Opportunity or Temptation? Plans for private property on reserves could cost First Nations their independence". Literary Review of Canada.
- ^ Suzanne Methot (April 2000). "Review of Tom Flanagan's". Quill and Quire. Retrieved 2013-01-18.
- ^ Anthony Parel and Thomas Flanagan, eds., Theories of Property: Aristotle to the Present (Waterloo, ON: Wilfrid Laurier University Press, 1979).
- ^ Thomas Flanagan, Game Theory and Canadian Politics (Toronto: University of Toronto Press, 1998).
- ^ Tom Flanagan, Waiting for the Wave: The Reform Party and Preston Manning (Toronto: Stoddart, 1995); second edition 2009. Tom Flanagan, Harper's Team: Behind the Scenes in the Conservative Rise to Power (Montreal: McGill-Queen's University Press, 2007); second edition 2009.
- ^ Darren O'Toole (2010). "Thomas Flanagan on the Stand: Revisiting Metis Land Claims and the Lists of Rights in Manitoba". International Journal of Canadian Studies.
- ^ Thomas Flanagan; Gerhard Ens (1996). "Metis Land Grants in Manitoba: A Statistical Study" (PDF). Social History 27 (53): 65–87.
- ^ Bob Weber (September 2012). "Last battle of the Red River Rebellion". Globe and Mail (Toronto, ON). Retrieved January 21, 2013.
- ^ "Manitoba Métis Case Reaches The Supreme Court". Metis Nation of Ontario.
- ^ Thomas Flanagan, ed. (1976). The Diaries of Louis Riel.
- ^ Gilles Martel; Glen Campbell; Thomas Flanagan (1977). Louis Riel: Poesies de jeunesse. St. Boniface: Les Editions du Ble.
- ^ Thomas E. Flanagan (1979). Louis "David" Riel: Prophet of the New World.
- ^ Tom Flanagan (1983). Riel and the Rebellion: 1885 Reconsidered.
- ^ George G.F. Stanley; Raymond J.A. Huel; Gilles Martel; Thomas Flanagan; Glen Campbell, eds. (1985). The Collected Writings of Louis Riel/Les Ecrits complet de Louis Riel. Calgary, Alberta: University of Calgary.
- ^ a b Brad Milne (Autumn 1995). "The Historiography of Métis Land Dispersal, 1870-1890". Manitoba History (History Department, University of Manitoba) (30). Retrieved January 21, 2013.
- ^ R. v. Blais, 2003 SCC 44, [2003] 2 S.C.R. 236.
- ^ Manitoba Metis Federation et al. v. Canada and Manitoba, 2007 MBQB 293.
- ^ Manitoba Métis Federation Inc. et al. v. Attorney General of Canada et al., 2011 CanLII 6306 (SCC), http://canlii.org/en/ca/scc-l/doc/2011/2011canlii6306/2011canlii6306.html
- ^ Canada v. Benoit, 2003 CAF 236 (2003).
- ^ Buffalo v. Canada, 2001 CAF 282 (2001).
- ^ Dickason v. University of Alberta, [1992] 2 S.C.R. 1103.
- ^ Laura Blakley (November 12, 2009). "Flanagan speak". The Manitoban: the Students' Newspaper of the University of Manitoba. Retrieved 28 February 2013.
- ^ Bolen, Michael (2013). "Tom Flanagan's 2009 Child Porn Comments Led To 2013 Uproar (AUDIO)". huffingtonpost.ca. Retrieved March 6, 2013.
Tom Flanagan
- ^ a b "Ex-Harper advisor Tom Flanagan fired from CBC after saying viewing child pornography does no harm". National Post. Retrieved 28 February 2013.
- ^ Jennifer McGuire (February 28, 2013). "CBC News statement regarding Tom Flanagan". Toronto, Ontario: CNW. Retrieved March 6, 2013.
- ^ O'Malley, Kady (2013). "UPDATE: Flanagan offers 'unreserved' apology for 'child porn' comments - Inside Politics". cbc.ca. Retrieved February 28, 2013.
Tom Flanagan
- ^ http://theagenda.tvo.org/episode/188772/tom-flanagan-responds-and-dropping-the-ball
- ^ a b c d e f David J. Rovinsky (February 16, 1998) (PDF). The Ascendancy of Western Canada in Canadian Policymaking (Report). Policy Papers on the Americas. The Center for Strategic and International Studies (CSIS). http://csis.org/files/media/csis/pubs/pp0902.pdf. Retrieved January 18, 2013.
- ^ a b c d Tom Flanagan (2010). "Advice to progressives from the Calgary School: Response to Sylvia Bashevkin". Toronto, CA: Literary Review of Canada. ISSN 1188-7494. Retrieved 20 January 2013.
- ^ a b Flanagan, Thomas (2000 month=June). First Nations? Second Thoughts (1 ed.). Montreal and Kingston: McGill-Queen's University Press. p. 304. Check date values in:
- ^ Frédéric Boily, ed., Stephen Harper: De l'Ecole de Calgary au Parti conservateur: les nouveaux visages du conservatisme canadien (Québéc: Les Presses de l'Université Laval, 2007).
- ^ Tom Flanagan (June 3, 2010). ""Something Blue….": Conservative Organization in an Era of Permanent Campaign". University of Calgary: Canadian Political Science Association.
- ^ J. Sheppard (March 31, 2009). "Tom Flanagan on the Harper election campaign". Globe and Mail (Toronto, ON).
- ^ a b "Quotations by Tom Flanagan". Conservative forum. Retrieved 18 January 2013.
- ^ a b c Stephen Harper; Tom Flanagan (Winter 1996–1997). "Our benign dictatorship: Canada's system of one-party-plus rule has stunted democracy. Two prominent conservatives present the case for more representative government". Next-City. Retrieved January 20, 2013.
- ^ "Members Page: The Research Steering Committee of MIGS' Will to Intervene Project". Montreal, PQ (W2I): Montreal Institute for Genocide and Human Right Studies (MIGS) Concordia.
- ^ Flanagan, Thomas (2007). Harper's Team: Behind the Scenes in the Conservative Rise to Power. Montreal and Kingston: McGill-Queen's University Press.
- ^ a b c d "Flanagan regrets WikiLeaks assassination remark: Liberals file complaint with CBC ombudsman". CBC. December 1, 2010. Retrieved 20 January 2013.
- ^ Barber, Mike (December 5, 2010). "Charge ex-Harper aide for 'assassinate Julian Assange' comment: lawyer". The Gazette. Retrieved 9 December 2010.
- ^ O'Neill, Juliet (December 4, 2010). "WikiLeaks founder: U of C professor Flanagan's comments criminal". The Gazette (Ottawa). Retrieved 9 December 2010.
- ^ Gloria Galloway and Brian Laghi. "Tories tried to sway vote of dying MP, widow alleges". Toronto: The Globe and Mail. Retrieved 2008-02-27. Cadman was receiving chemotherapy treatment for malignant melanoma (to which he later succumbed) at the time of the vote.
- ^ "No charges to be laid in Cadman Affair: RCMP". CBC News. 2008-05-16. Retrieved 2008-07-09.
External links[edit]
|Wikiquote has quotations related to: Thomas Flanagan (political scientist)
- Tom Flanagan audio interview October 2007
- The Man Behind Stephen Harper. Walrus Magazine
- CBC Interview where Tom Flanagan calls for the assassination of Wikileaks director Julian Assange on YouTube
|Preceded by
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|Chief of Staff of the Opposition Leader's Office
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|Preceded by
New Political Party
|National Campaign Manager of the Conservative Party of Canada
|Succeeded by
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|Supplement Facts
|Serving Size: 1 Softgel
|Amount Per Serving
|% Daily Value
|Ubiquinol (Kaneka QH) (Reduced Form CoQ10)
|50 mg
|* Daily Value not established.


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[128] The Interaction between Mitotic Index and Bcl2 Expression Provides an Improved Separation Method for Determining Clinical Outcome Compared to Nottingham Histological Grading System (NGS)
TMA Abdel-Fatah, DG Powe, G Ball, JS Reis-Filho, AR Green, IO Ellis. School of Molecular Medical Sciences and Nottingham University Hospitals Trust, University of Nottingham, Nottingham, United Kingdom; Nottingham Trent University, Nottingham, United Kingdom; Institute of Cancer Research, London, United Kingdom
Background: We hypothesised that the interaction between mitotic index (M) and Bcl2 accurately discriminates between low and high-grade breast cancer (BC) and provides a more objective measure of clinical outcome than histological grade especially for patients with small size and oestrogen receptor (ER) negative cancers.
Design: Two independent series of 1650 and 245 invasive BC with long term follow up were subjected to immunohistochemical analysis with antibodies against apoptosis and cell cycle-related proteins. Mitotic index (M) was assessed according to Nottingham Grading System (NGS): M1: <10 mitoses; M2: 10 to 18 mitoses; M3: > 18 mitoses. Subsequently, BC were classified according to the combined M/Bcl2 profile and compared to NGS.
Results: In multivariate Cox regression models including validated prognostic factors, the subgroups defined by M/Bcl2 profile performed better than lymph node status and tumour size. Incorporation of the M/Bcl2 profile into the Nottingham Prognostic Index (NPI) accurately reclassified twice as many patients into the excellent prognosis group, improving decision-making for which patients should be spared systemic adjuvant therapy. Patients with M2-3/Bcl2- and M3/Bcl2+ (high risk) had a 2-3 fold increase in the risk of recurrence when treated with either adjuvant hormone therapy or anthracycline-based chemotherapy than those with M1/Bcl2± and M2/Bcl2+ (low risk) (HR= 3.4 (2.8-5.6); p<0.0001 and HR=2.3 (1.2-4.3); p=0.0009).
Conclusions: In conclusion a grading system defined by mitotic counting and Bcl2 expression accurately reclassified patients with NGS-G2, small size cancers or ER negative into two groups: low risk (NGS-G1 like) versus high risk (NGS-G3 like) of both BC mortality and recurrence, improving prognosis and therapeutic planning.
Category: Breast
Tuesday, March 23, 2010 1:15 PM
Platform Session: Section B, Tuesday Afternoon


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He's performed for presidents and teaches at world-renowned Juilliard, but violinist Itzhak Perlman's latest creation harkens back to his youth, growing up with polio in Israel and the United States. NY1's Budd Mishkin filed the following One on 1 report.
Everyone knows Itzhak Perlman loves music. But not everyone knows he loves a certain baseball team in Queens.
So when we met him last fall, there was an obvious question.
Is there a particular piece of music that is synonymous with the New York Mets?
"Well, uh, yes," Perlman said. "For this year, Tchaikovsky Pathetique Symphony. It's symphony number 6."
The Mets might not bring Perlman much comfort, but comfort is the word he uses to describe the music on his most recent CD, Eternal Echoes: Songs and Dances for the Soul. A collaboration with Cantor Yitzchak Meir Helfgot.
Why does Perlman call this his comfort music? Because it's the Eastern European Jewish music of his youth, growing up in Israel.
"Every Saturday there was on the radio, I think it was like two o'clock in the afternoon, it was cantorial music hour," Perlman said. "How do you like that? Just, I can imagine here in New York, we'll listen to the cantorial music hour."
Perlman's violin has taken him around the world, but New York is home.
We spoke in the room in Lincoln Center where Perlman gives lessons to his Juilliard students. He also serves regularly as their conductor in Avery Fisher Hall.
He teaches in the Perlman Music Program, created by his wife, Toby.
Perlman has dedicated much of his career to teaching young musicians. When he was young, he dreamed of playing like the greats, like Isaac Stern and Yascha Heifeitz.
But now students come to Perlman wanting to become as good as he is.
"It feels like I'm getting old. It feels like, well you know, I'm very very flattered obviously," he said. "But I keep telling them, don't play like me. Play like you."
"Eventually you have to give it your own individuality. Your own stamp," he added.
Perlman's used television to educate as well, and as someone who has walked with braces since childhood, the lessons to young people occasionally have extended beyond the realm of music.
His talent and his gift of gab made him a frequent guest on the Tonight Show with Johnny Carson.
"He was the greatest," Perlman said. "You know, the best interviewer."
Perlman has long been considered an ambassador for classical music.
He's played for presidents, from Reagan to Obama.
"The more exposure classical music has the better it is," Perlman said. "I mean, that's one of the things. It's got to be exposure. People have to know about it. It cannot be a hidden secret."
Perlman's work has gone beyond the traditional confines of classical music, he's played jazz and ragtime as well.
But for one of his most famous recordings, the theme from Schindler's List, composed by John Williams, Perlman was able to connect to the music of his immigrant parents and his ancestors back in Poland.
"The first time I heard it, I said 'Oh my god. This is incredible,'" Perlman said. "Because he got it. He got the kind of atmosphere that this music is supposed to bring to the film. You would think, 'Oh this is a very nice piece for a nice New York Jewish audience,' you know, and so forth -- not true at all. I came from China last year. The thing they wanted to hear the most was, 'Can you play Schindler's List?' It's totally international."
Perlman's world changed when he was only 4, the age he contracted polio.
"I did not have any periods of time where I would sit in my room depressed saying, 'What's happening to me? I don't know, I don't know if I can handle it.' No. That was a natural thing of growing up," Perlman said. "So I grew up before, running around the block. And so now I had to do different things."
Like play the violin.
Perlman has long maintained that he was not a prodigy.
But when Ed Sullivan came to Israel in the late 1950s to audition acts for his show, he chose Perlman.
Sullivan brought him to the U.S. for three shows.
The young violinist and his family left Israel for New York, and eventually decided to stay.
"We have a word when we go abroad, we go for 'hishtalmut,' which means a completion of yourself," he said.
"The dream is always to go abroad," he added. "So when this chance came up there was no question, you know, would you like to go to the United States, appear on a television show and then go to the Juilliard school? It was a win-win. There was no question about whether we should do it or not."
Perlman and his wife have five grown children. He's been a New Yorker for more than 50 years.
But he says when he goes back to Israel to play or conduct, it still feels like home.
"Israeli audiences are very difficult audiences because they've heard everything, and if it's if it's bad it's 'Oh, what is that?' If it's good, they say, 'Well of course it's good,'" Perlman said. "So you can't win."
Unlike the pianist who occasionally can't stand the piano, or the tennis player who hates the racket, Perlman says he's never grown to dislike the violin.
"My life is not 150 percent on my violin, you know. I can play a concert and have a wonderful time and then the next day I'll go and see a baseball game," he said. "Therefore, I don't have that thing about well, today I'm not going to bother with music."
There is a direct line between the music on Perlman's latest album and the music of his youth, the latest chapter in a long and fulfilling journey.
"Isn't that the most amazing thing? That you can make a living doing what you love so much, and that everything evolves all the time," he said. "That's with me, everything is evolving. I learn from every performance."
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REITs On The Street: The Bargain Basket Is Growing
NEW YORK ( TheStreet) -- Debt leverage in real estate is no different from leverage in other investments; the more debt you use, the greater potential for gain or loss. When we buy stocks on margin, we are simply leveraging investment returns with debt. Mortgage REITs and other assets carried on high margin involve substantial risk, since a small decline in the asset's value will cause a much larger decline in principal.
Mortgage REITs are especially sensitive to fluctuating market conditions and interest rates as they employ leverage from 5-times to 9-times and require constant repurchase agreement financing. As a result, mortgage REITs must hedge their portfolios using a variety of instruments (IOs, swaps, swaptions) and hope the hedges behave and perform as expected.
Although a modest amount of debt is not terribly dangerous, using too much is not prudent. The most risk-averse REITs have been able to utilize modest leverage when it doesn't compromise the strength of their balance sheet. Essentially, a weak balance sheet (marred by excessive leverage) is simply like an unconditioned athlete and that's why the strongest survive.
As an intelligent REIT investor, it's my duty to persuade investors to avoid dangerous investment strategies and adopt sound ones that are designed to preserve and maintain their hard-earned capital; that's why I called it "sleep well at night" investing.
'Margin of Safety' FormingAs a self-described "value investor" it's my primary goal to preserve capital and controlling risk in your dividend portfolio should be an essential element to your investment process. As the acclaimed investor and author, Howard Marks, explains (from "The Most Important Thing"):
"...there are two main risks in the investment world: the risk of losing money and the risk of missing opportunity. You can completely avoid one or the other, or you can compromise between the two, but you can't eliminate both. One of the prominent features of investor psychology is that few people are able to (A) always balance the two risks or (B) emphasize the right one at the right time. Rather, at the extremes they usually obsess about the wrong one... and in so doing make the other the one deserving attention."
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After belting out a pretty and controlled "Lean On Me," Summer Cunningham, 20, made the mistake of personally insulting Keith Urban. Hardly, but he took her comment that she'd "done country" and was now into "more of a soulful country?" to heart. Stop internalizing the kids' jibber jabber, Keith!
Mariah and Randy attempted to steer Summer back onto (or keep her on? she never said she quit country, so all of this was even more absurd than it played out) the country road because of the "natural yodel" in her voice. Nicki Minaj suffered through these agonizing 30 or so seconds of not being in the spotlight with some tremendous eye rolls and out-of-this-world stank faces. A stunning achievement in disinterest.
Nicki's point was a good one -- the judges shouldn't "scare" contestants into "lying" about their true passion just to earn a spot in Hollywood, and it might not be the best idea to immediately pigeonhole those who want to branch out. It's too bad the Edible Arrangement chose to follow up her reasonable argument with a threat to "get off the f---ing panel" and a hearty stomp off set. But hey, Mariah was about to do it anyway, at some point. "That was my move -- I was gonna do that the next time [Nicki] ragged on me," explained the other grown woman on the panel. Let's hear it for the adults!
Brandy Hamilton was a sunny presence in her marigold blazer to kick off a subdued Day 2, but I think I appreciated her theatrics and phrasing during "All I Could Do Is Cry" more than her voice itself. Brandy's performance was so chillingly convincing that Nicki felt "like I was watching my man walk down the aisle and getting furious inside." I know that's what we were all wondering. Who let Nicki Minaj into a church?
NEXT: 'I want to skin you and wear you.' --Cotton Candy Head


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The following table reflects an approximate estimation of the costs incurred by nursing students during enrollment in the Associate Degree Nursing Program. It does NOT consider the cost of general education units
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Star Wars home theater is the geekiest movie seat in hyperspace
Built as the centerpiece of a spectacular 10,000 square foot Honolulu mansion, the theater makes you feel like Han Solo in the cockpit of the Millennium Falcon. Custom Home Systems out of San Diego made the theater with all of its electronics and speakers hidden from view, so all you see is the 107-inch screen and the amazing architectural details.
There's even a pair of life-sized talking C-3PO and R2-D2, though I really hope this C-3PO isn't one of those droids that jabbers through the entire movie.
It's hard to imagine a cooler place to watch to watch the 3D Star Wars movies when they start arriving next year.
Electronic House, via Born Rich


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Die Antwoord (DJ Hi-Tek + Ninja + Yo-Landi Vi$$er): Ten$ion (Tension)Vinyl LP Record
Price: $16.97
No Longer Available
(Get e-mailed if ever back in stock)
Product Details
Producers: DJ Hi-Tek (of Die Antwoord); Ninja (of Die Antwoord)
SummarySure this Cape Town, South Africa hip-hop duo are really just "exaggerated versions of our inner zef," but it doesn't get any more real than telling your major-label Interscope to "fok julle naaiers" when you can't come to terms on a lead single. Ironically, "Fok Julle Naaiers" is also the lead single off the over-the-top group's return, Tension, their sophomore album released by their own Zef Recordz and distributed by the Diplo-associated imprint Downtown.
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