text:
Went to the Dr today. Every time I had a minor contraction my lower abdomen was going numb for 5-10 minutes a total of 6 hours today, along with decreased baby movement.
Took the nurse nearly 30 minutes, multiple monitors, and the ultrasound machine/Dr. to track down the heart beat (STRESSFUL)!
I still have morning sickness every day and extra protein in my urine, however my blood pressure has been fine, thankfully!
My doctor did an exam, I am almost dilated to 2 after being a 1 last Wednesday. He says she is in good position to give birth but not sure how long she might stay cozy in there. He offered induction and I agreed. We will go in tomorrow at 10:00pm and should have baby sometimes Wednesday, YAY!


text:
The filing of a bankruptcy petition creates an estate that is comprised of all legal or equitable
interests of the debtor as delineated in 11 U.S.C. § 541(a). The estate encompasses funds
held in a debtors bank accounts. The estate is not intended to include property that
actually is held for another party. [ FN: See ,
e.g. , Begier v. Internal Revenue Service , 495 U.S. 53 (1990) (prepetition payment of
trust fund taxes to IRS from general accounts was not transfer of property of
Employers frequently hold funds deducted from employees paychecks in their general
accounts awaiting periodic transfer to third parties. In addition to tax obligations, payroll
deduction is a standard means by which employees remit a variety of payments owed to third
parties. [ FN: A nonexhaustive list of the kinds
of payments routinely made through payroll deductions would include: 401(k) and other
retirement and savings program contributions, health insurance premiums (including supplemental
benefits such as optical and dental coverage), flexible spending account contributions for
dependent care and medical expenses, credit union and other loan repayments, membership or
agency union dues, child support and other wage garnishment obligations, and charitable
contributions.] Employers with cash flow problems are even more likely
to have these withheld monies intermingled with their general funds at the time of the bankruptcy
filing rather than in special segregated accounts for transfer in a timely fashion. When an employer
acts as a conduit for these payments, the employers failure to remit these payments to the
appropriate third parties can create serious financial problems for employees who may be brought
into default on these various obligations. There is little question that these funds do not constitute
the employers property, but without clear statutory guidance the funds become
"trapped" in the bankruptcy estate.
The Recommendation
The Commission should recommend that Congress amend 11 U.S.C. §
541(b) to clarify that funds deducted from paid wages, held by a debtor/employer, and
owed by employees to third parties do not fall within the definition of
"property of the estate."
Reason for the Change
Many popular benefit programs are administered through payroll deductions. Some are
completely voluntary, whereby the employer acts purely as a conduit, while others are
employer-sponsored, where the employer makes its own contribution as well. [ FN: With respect to employer-sponsored benefit
plans or employer-matched charitable contributions, this proposal deals only with the employee
s contribution, and does not address the monies owed by the
employer.] Credit union and other loans often are repaid directly through
payroll deductions for the convenience of both the employee and the lender. Union dues are paid
by the employee through payroll deductions under applicable law. Court-ordered support
obligations may have to be paid through payroll deductions, as are other payments made through
wage garnishments. In this process, a portion of an employees wages are withheld from
that employees paycheck, held by the employer, and periodically transferred to the
appropriate third party. It is typical for the employer to hold the funds in its general operating
account rather than in a segregated account in the interim period.
When an employer files for bankruptcy before making the requisite transfers to the relevant
third parties, those funds are caught in the debtors estate, yielding numerous adverse
consequences as employees involuntarily become delinquent in their obligations to the third
parties. For example, where employees insurance payments do not reach their insurance
companies, their insurance coverage is jeopardized. The employees may end up in default on their
loans or support obligations as a result of the nonpayment to third-party transferees.
The current laws do not provide adequate options for employees to remedy this situation. It
may not be possible for employees to duplicate their payments to the third parties. Even if they
could, pursuing reimbursement through the bankruptcy claims process often yields only a small
percentage of the duplicated payments when the bankruptcy payouts ultimately are made.
Sometimes, the trapped funds are freed through a first-day order authorizing the payment of
prepetition wages, although often these orders are limited only to payments owed directly to the
employee and not to third-party transferees.
Other efforts by employees in the bankruptcy process to free the funds and have them paid to
third party transferees have not always been successful. Courts may require that the employees
establish the existence of a trust, a task that is especially difficult when funds are not kept in a
segregated account and often cannot be traced sufficiently to satisfy the strict requirements of
trust law. ERISA plan contributions are more likely to be recoverable due to regulations that
deem employee contributions to be ERISA plan assets, and thus are excluded from the
employers bankruptcy estate. [ FN:
See In re College Bound Inc. , 172 B.R. 399 (Bankr. S.D. Fla. 1994) (tracing
requirement does not apply because funds are deemed to be assets of ERISA plan under express
statutory trust).] However, the lack of traceability can be fatal to the
collection of non-ERISA benefit plans and other types of third-party payments. [ FN: See In re Columbia Packing Co. , 35
B.R. 447 (Bankr. D. Mass. 1983) (employees unable to direct debtor to remit withheld funds to
third party transferees because "general cash account is property of the estate. No separate trust
fund was created for these employee payroll deductions ").] Moreover,
some courts have held that aconstructive trust cannot be imposed without proving fraudulent
conduct or wrongdoing. [ FN: See In
re Lee Way Holding Co. , 113 B.R. 410 (Bankr. S.D. Ohio, 1990) (avoiding postpetition
transfer of union dues to union owed from prepetition wage deduction).]
Proving the existence of an express trust is an even more insurmountable undertaking, requiring a
showing of intent of the parties, among other factors. [
FN: Id. , at 412.]
Much confusion and inconsistency could be eliminated through a statutory amendment that
would make clear that withheld funds are not property of the estate. The change would obviate
the need to employ the cumbersome and ill-fitting trust analysis. This clarification would be
consistent with both bankruptcy and nonbankruptcy policy. The policies and purpose behind the
creation of a broad bankruptcy estate would not be undermined by such an amendment that
reinforces the basic tenets of what properly belongs in the debtors estate. Moreover,
bankruptcy policy does not favor attempts to allocate disproportionate losses to nonadjusting
creditors; to a large extent, employees are involuntary, nonadjusting creditors who will not be able
to amortize the loss over time and often do not even know they have entered a debtor-creditor
relationship when they agree to have funds withheld from their paychecks.
The clarification also would be consistent with other social policies favoring savings plans,
insurance, support obligations, and the like. The clarification would maximize the safety of the
wage deduction mechanism for insurance payments and retirement fund payments, which many
would agree is in the best interest of everyone.
In addition to furthering bankruptcy and nonbankruptcy policy, this proposal also has an
important jurisprudential effect because it would eliminate the need to expand the constructive
trust doctrine. In general, constructive trusts offer a remedy that is best used sparingly, but one
that often is sought even if it is not readily applicable. When parties successfully convince a court
to impose a constructive trust, perhaps even "automatically" in the context of the
first-day order, the court may have achieved an outcome that is socially defensible, but at the cost
of generally weakening the doctrinal concept of the constructive trust. This has troubling
implications in other contexts, where a flexible application of the constructive trust doctrine may
not be nearly as desirable. Codifying the wage deduction exclusion will enable courts to "do
the right thing" without stretching the trust doctrine in ways that will have negative
repercussions in other situations.
It is important to note the issues that would not be implicated by this proposal. This
proposal has no effect on an employers independent obligation to contribute to employee
benefit funds or on a claim arising from nonpayment of that obligation. In addition, the
recommendationonly affects deductions from wages that actually have been paid "on the
books." The clarification would not enable an employee to obtain a priority repayment of a
portion of her wages if the employer has suspended all wage payments. The goal is to
obtain equality among employees, such that those who chose to make direct payments are not
better off than those who used their employer as a conduit for payments. Thus, because the
clarification only would affect amounts withheld from wages that already have been paid, this
recommendation would have no direct implications for the wage priority claim provision. [ FN: 11 U.S.C. §507(a)(3),
(4).] It merely would establish that the withheld funds are not property of
the estate at all.
Competing Considerations
One might argue that the suggested provision is special purpose legislation that would
further complicate the interpretation and application of section 541. However, many people who
have discussed this issue have agreed that trapped funds withheld by the employer, which acts
merely as a conduit, truly are not property of the estate, akin to withheld taxes. Thus,
while this might constitute special interest legislation in the literal sense, it is wholly consistent
with the notion of property of the estate and is not a carve-out or special exception.
Although this proposal does not alter what constitutes a priority wage claim, it could be
argued that the wrongful withholding of these monies also should give rise to a priority
fraud claim in certain situations, i.e., when the employer has spent the withheld money
and has no wherewithal to remit payment to third party transferees. However, in a situation where
the employer/debtor is cash starved, it is unlikely that even priority claimants will get repaid at all,
thus obtaining an additional priority claim is likely to be a hollow victory.

subset: commoncrawl


text:
Itty E.
A former name retained.
OSP-952: 1. 25'; b. 6'; dr. 20"; s. 35 k.)
Itty E. (SP-952), a fast open motor boat, was built in 1916 by Murray and Tregurtha, South Boston, Mass.;acquired July 1917 from her owner, F. H. Rawson of Chicago.
Assigned to the 1st Naval District, Itty E. did yeoman service during the months before the war as a fast rescue boat at the Boston Naval Air Station. She was transferred to Norfolk 20 October 1917, but saw little service because of the need for extensive engine repairs. After her engine was burned in a fire ashore in July 1918, Itty E. was taken to the Washington Navy Yard in October 1918, and scrapped in 1920.


text:
New Delta Airlines Phishing Email: "Your eTicket and receipt"
6 Mar 2013 DPC Comments Off
Following is the message detail of the phishing email purports to be from Delta Airlines sent from spoofed email address: Scam target: Email Email subject: Your eTicket and receipt Your Electronic Ticket Your eTicket Scam messages: Thank you for choosing Delta. We encourage you to review this information before your trip. If you need to…More
Facebook Scam: "Which is better Pepsi or Coke? Vote now and Get a free 24-pack and a $250 visa gift card!"
20 Feb 2013 DPC Comments Off
Scam target: Facebook Scam messages: Which is better… Pepsi or Coke? Vote now and Get a free 24-pack and a $250 visa gift card! Cick Here —> %URL% or: Get a free 24-pack and a $250 visa gift card, all you have to do is tell us which soda you think is better! Wet your…More
Facebook Scam: "Receive 2 FREE Southwest Airline Tickets today!"
20 Feb 2013 DPC Comments Off
Scam target: Facebook Scam messages: Sweet, just got 2 Free Southwest Airlines tickets. Now, where to? Receive 2 FREE Southwest Airline Tickets today! tinyurl.com Celebrating a whopping $50 billion revenue in 2012, Southwest Airline has decided to give away 2 Free tickets to our loyal customers. Awesome offer! Hurry up, you can get it too…More
Facebook Scam: "Get 5000 facebook Credits for free!"
20 Feb 2013 DPC Comments Off
Scam target: Facebook Scam messages: Get 5000 facebook Credits for free! creditsfreefacebook.blogspot.com Claim Your Free 5000 Facebook Credits for Limited Time Period. Just Avail the Offer Now Before It Ends . Don't miss out – This is a limited time offer. Claim now! or: Get your FREE 5000 FACEBOOK CREDITS! NO SCAM NO surveys NO…More
Spam: "Your order has been submitted and is awaiting verification from you"
20 Feb 2013 DPC 3
Following is the message detail of the fake email purporting to be from Staples Advantage: Scam target: Email From (spoofed address): email@example.com Email subject: Your order is awaiting verification! Scam messages: Staples Advantage Your order has been submitted and is awaiting verification from you. Order #: %number% Order Date and Eastern Time: 2/19/2013 12:28 PM…More
Facebook Survey Scam: Get Get a Free $450 Bunnings Warehouse Gift Card. (69 Left)
20 Feb 2013 DPC Comments Off
Scam target: Facebook Scam messages: Get Get a Free $450 Bunnings Warehouse Gift Card. (69 Left) cardlead.us Claim your Free $450 Bunnings Warehouse Now. Only a few left. Types of scam: Survey Screenshots: Incoming search terms for the article: costco $450 voucher, costco $450 gift card, costco 450 voucher, bunnings $450 voucher, bunnings 450 voucher,…More
US Airways spam / blue-lotusgrove.net
12 Sep 2012 DPC Comments Off
A couple of samples of a fake US Airways spam email leading to malware on blue-lotusgrove.net:Date: Tue, 11 Sep 2012 15:32:42 -0300From: "US Airways – Reservations" [firstname.lastname@example.com]Subject: Please confirm your US Airways online registration. You can check in from 24 hours and up to 60 minutes before your flight (2 hours if…More
New spam outbreak: "Your AmazonLocal Order is Confirmed: Walmart Gift Cards Inc."
4 Aug 2012 DPC Comments Off
We detected a massive phishing campaign targeting AmazonLocal customers. The email included a malicious link, based on our brief analysis shows that the malware is part of the Zeus/Zbot family. When you get a suspicious email, try to hover the mouse over the link. If the target link is not known or it is different…More
Television Fraud of Olympic proportions
3 Aug 2012 DPC Comments Off
Whenever an important event takes place, new opportunities for cyber criminals, especially for those who develop attacks based on social engineering, arise.? Currently, the whole world has its eyes glued to TV screens watching the London 2012 Olympic Games. Worldwide interest on this event is so strong that cyber criminals were quick to take advantage…More
London Olympics 2012: Prime time for spammers
28 Jul 2012 DPC Comments Off
Zscaler – Spammers love major events as they present an opportunity to social engineer victims with content that they're likely to be interested in. The Olympics represent a golden opportunity for spammers – the world's largest sporting event, that will draw a global audience for the next two weeks. As such, we expect to see…More
Your Facebook account will be terminated – again
15 Jun 2012 DPC Comments Off
If the scary email or app notification-and subsequent webpage-is to be believed, you have only a few days to verify your Facebook account or you'll be out of luck. But don't worry, a few days later you will magically get a few more days to verify, and so the scam goes. A Twitter follower with…More
A New Facebook Scam to Threaten Users
5 May 2012 DPC Comments Off
Doctor Web, a Russian IT security vendor, warns about a new scheme of scam and fraud to emerge in Facebook, the world's most popular social network. Attackers have adopted the scheme notoriously known to Russian participants of Vkontakte and Odnoklassniki social networks, and created a special application for Facebook called Profile Visitor, which requests access…More
Intuit.com spam / webmastaumuren.ru
10 Apr 2012 DPC Comments Off
Here's a fake Intuit spam leading to malware on webmastaumuren.ru:8080:From: Yvonne Lewis [mailto:email@example.com] Sent: 10 April 2012 12:03Subject: Dowload your Intuit.com invoice.Dear customer: Thank you for ordering from Intuit Market. We are processing and will message you when your order ships. If you ordered multiple items, we may sned them in more than one delivery…More
US Airways Spam / 220.127.116.11 and 220.127.116.11
10 Apr 2012 DPC Comments Off
This fake US Airways spam leads to malware on 22.214.171.124Date: Tue, 10 Apr 2012 19:18:16 +0530From: "US Airways – Reservations" [firstname.lastname@example.com]Subject: Confirm your US airways online reservation. You have to check in from 24 hours and up to 60 minutes before your flight (2 hours if you're flying abroad). Then, all…More
US Airways Spam / 220.127.116.11
5 Apr 2012 DPC Comments Off
Another US Airways spam, malformed this time, pointing to malware on 220.127.116.11.Date: Thu, 5 Apr 2012 14:10:48 +0000From: "US Airways – Reservations" [firstname.lastname@example.com]Subject: Confirm your US airways online reservation.you {l2} check in from 24 hours and up to 60 minutes before your flight (2 hours if you're flying {l3}). {l4}, all you…More
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DUI checkpoints, patrols, ramped up during holiday period
Thursday, December 6th, 2012
Issue 49, Volume 16.
The San Diego County DUI Avoid the 15 Task Force will be aggressively looking for impaired drivers and will arrest anyone caught driving under the influence. The special enforcement crackdown with the county's AVOID the 15 task force will run from December 14 through January 1. Enforcement efforts will include:
DUI/Driver License Checkpoints, DUI saturation patrols, a multi‐agency DUI Taskforce strike team patrol, and a DUI Warrant sweep. Agencies will deploy all available deputies and officers during two maximum enforcement periods – Christmas and New Year's weekends.
December 14 – Sobriety Checkpoints in Vista and Santee, 8 p.m. to 3 a.m.
December 15 – Warrant Sweep, South Bay
December 15 – Sobriety Checkpoint Lemon Grove and Encinitas, 8 p.m. to 3 a.m.
December 20 – DUI Saturation Patrol for the Poinsettia Bowl, 5 p.m. to midnight
December 21 – Sobriety Checkpoint San Marcos, 8 p.m. to 3 a.m.
December 22 – Sobriety Checkpoint Rancho San Diego (AVOID), 8 p.m. to 3 a.m.
December 28 – Sobriety Checkpoint Poway and Imperial Beach, 8 p.m. to 3 a.m.
December 29 – Sobriety Checkpoint Chula Vista, 8 p.m. to 3 a.m.
December 30 – Advertisement
December 31 – DUI Saturation Patrol, Sheriff's Department contract cities: San Marcos, Vista, Poway, Encinitas, Lemon Grove, Imperial Beach, and Santee.
"Don't let a DUI ruin your holidays," said Sheriff Bill Gore. "Before you leave home for a holiday party, think about how everyone can get home safely. Designate a sober driver, take a cab or stay the night. We are not going to tolerate impaired driving. So remember, 'Drive Sober or Get Pulled Over.' We will be watching."
The Avoid the 15 Coalition recommends these simple tips for a safe holiday season:
-Plan ahead. If you will be drinking, do not plan on driving. Designate a sober driver or find another safe way home. Even one too many drinks increases the risk of a crash while driving a motor vehicle.
-If you are impaired, find another way home. Use a taxi, call a sober friend or family member or use public transportation.
- Be responsible. If someone you know is drinking, do not let them get behind the wheel. If you see an impaired driver on the road, report them ‐ call 911! Your actions may save someones life, and inaction could cost a life.
Funding for this operation is provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
3 comments
Excellent! This should be done everyday!
no checkpoint in Fallbrook? Lot of impaired drivers here too!
Meanwhile the TEXTERS go their merry way......even though there are 25 times more of them and they are more dangerous than .10 BACs.
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Plan Specification: HHF-3990
Total Square Footage: 2,104
Main Level: 2,104
Bedrooms: 4
Baths: 2
Garages: 2
Width: 62 ft Depth: 56 ft
Foundation: Slab
© copyright by designer
Plan: HHF-3990
Columns and floating soffits create open airy design. Family/kitchen and nook join together for typical family living. Secondary bedrooms share a unique pool bath design while bedroom two can easily become a den or home office. Master suite opens onto rear patio and is complete with fucntional yet opulent bath complete with soaking corner tub. Playful use of palladian and other window shapes make this house a photogenic award winner.
Similar plans: 3984, 3986, 3985 More plans by this designer/architect
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text:
Finish Strong: 5 Workout Finishers For Maximum Gains
Picture this: You're cruising through your workout at 100 miles per hour, blasting past everything in your way. You zoom through every exercise listed on your training log at a breakneck pace, feeling like a million bucks. You smash your last movement and, much to your dismay, you've still got plenty of gas in the tank. What gives? If this sounds familiar, it's time for a finisher.
Finishing techniques are designed to help you get maximum growth from any workout. They ensure you leave every ounce of energy in the gym and get the biggest bang for your exercise buck. They help you end an "average" workout in a brutal way, ensuring that no weight is left unturned or fiber untrained. The following list of finishing moves will help you squeeze every ounce of growth from any workout.
Load up the leg press with a load that would require moderate effort at 10 reps, and start with your feet high and close for hamstring emphasis. Hit the 10 reps. To focus on your quads, change your foot position so your feet are low and wide, and then hit 10 more reps. After the 10th rep, lower your feet into a calf press position and knock out 10.
After the 10 calf presses, rest for 10 seconds, and start over by performing nine reps for each movement. When you finish nine calf presses, rest for nine seconds and start over again at eight reps for each exercise. Continue for seven, six, five, four, three, two, and one rep. By the end of this massacre, you will have performed 165 reps total and will respect every rep as you crawl out the gym door.
Leg Press With High And Close Foot Position10 sets of 10, 9, 8, 7, 6, 5, 4, 3, 2, 1 reps
Leg Press With Low And Wide Foot Position10 sets of 10, 9, 8, 7, 6, 5, 4, 3, 2, 1 reps
Calf Presses10 sets of 10, 9, 8, 7, 6, 5, 4, 3, 2, 1 reps
Grab a 5, 10, 25, 35, and 45-pound plate and find an open area so you have space and privacy. Start with the 5-pounder and perform 10 front plate raises. When you finish, drop the 5, pick up the 10, do 10 more reps, and immediately grab the 25. Repeat this action until you finish the same number of reps with the 35 and 45. When you finish 10 reps with the 45, rest for 10 seconds, pick up the 45 again, and start over with 10 more reps. Work your way back down until you finish 10 reps with the 5-pound plate.
Front Plate Raises5 sets of 10 reps adding weight each set
, 5 sets of 10 reps reducing weight each set
Find a bench or a platform where you can elevate your feet. Get in a push-up position with your hands on the floor and your feet on the bench. Start doing push-ups until you reach failure. Rest for 15 seconds and do more push-ups with your hands and feet on the floor. When you hit failure, rest for 15 more seconds and elevate your hands, keeping your feet on the floor, and go to failure for a third time. Now you're cooked.
Decline Push-Ups1 set to failure, rest 15 seconds
Push-Ups1 set to failure, rest 15 seconds
Incline Push-Ups1 set to failure
Find a flat bench and load up a bar with enough weight that makes 25 reps tough but achievable. Start with 25 reps of close-grip barbell curls. When you finish, immediately change to a wide grip and perform 25 more reps. Then lay on the bench with the bar, perform 25 skull crushers (lying triceps extensions), and end with 25 close-grip bench presses. When the smoke clears, you will have performed 100 reps total, and your arms will be shaking.
Close-Grip Barbell Curls1 set of 25 reps
Wide-Grip Barbell Curls1 set of 25 reps
Skull Crushers1 set of 25 reps
Close-Grip Bench Presses1 set of 25 reps
Find a seated row machine or a low-cable pulley and load it with weight that you can lift for 20 reps with moderate effort. Lift the weight with a one-count and lower the weight with a six-count. Make sure you get a good stretch with each rep and don't cheat yourself. These are called negative reps. If you think your grip will give out before your lats, use straps to help. When you reach failure, rest for 15 seconds and go to failure again. This will set your back on fire.
Seated Row Machine2 sets to failure with a 1060 tempo, rest 15 seconds
- 1
- Follow This Discussion by:
hell yeah 21s kill me love it
What about Fst-7 .. Better than all those tips
i agree, isolation training fst-7 is the way to go at the end, if it don't kill em, you ain't trying. no excuses.
I <3 FST-7 ...honestly i think it works wonders
I like FST-7 as well. Just something different was all I was offering here. Strategies to change things up and make workouts interesting. Thanks for the feedback.
I love fst7. especially in the cable crossover station,.
Basically you just choose an exercise in your routine and you do 7 sets straight of that exercise and you only get to rest for 30 to 45 seconds between sets, its brutal but I believe its only for one exercise you choose but dont quote me on that.
This looks brutally fantastic.
I have always been led to believe that negatives involve getting assistance on the contraction phase with a heavy weight that you cant normally lift alone. So either a spotter helping you lift it, then lower over 6 seconds. Or if its a one handed exercise then use two hands to lift, then one hand to lower over 6 seconds.
That way of doing negatives is so much better than using a weight you can do 20 reps with and just increasing the negative surely? Always gives me awesome doms
I'll try this. I usally do a final drop set, and I range reps around 50-75. But 100s reps looks good.
Amazing articles, kicked the crap out of my legs! Tomorrow chest!
If you can perform 165 reps on the leg pres after your leg workout, you didn't work out hard enough! I have trouble walking to my car after leg day.
what does 1060 tempo mean?
One second to lift the weight, zero seconds to hold it, six seconds to lower the weight, and zero seconds at the bottom.
- 1
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text:
The U.S. Constitution, Article II, section 1, provides: "No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President." The enigmatic phrase "natural born citizen" poses a series of problems for contemporary originalism. New Originalists, like Justice Scalia, focus on the original public meaning of the constitutional text. The notion of a "natural born citizen" was likely a term of art derived from the idea of a "natural born subject" in English law-a category that most likely did not extend to persons, like Senator McCain, who were born outside sovereign territory. But the Constitution speaks of "citizens" and not "subjects," introducing uncertainties and ambiguities that might (or might not) make McCain eligible for the presidency.
What was the original public meaning of the phrase that establishes the eligibility for the office of President of the United States? There is general agreement on the core of its meaning. Anyone born on American soil whose parents are citizens of the United States is a "natural born citizen." Anyone whose citizenship is acquired after birth as a result of naturalization is not a natural born citizen. John McCain, born to American parents in the Panama Canal Zone in 1936, had citizenship conferred by statute in 1937, but there is dispute as to whether the statute granted retroactive naturalization or whether it merely confirmed preexisting law under which McCain was an American citizen at birth. That leaves John McCain in a twilight zone-neither clearly naturalized nor natural born.
I. The Problem Posed by the Natural Born Citizen Clause for the New Originalism
Some constitutional theorists seem to believe that the constitutional text provides only loose constraints on the enterprise of interpretation. Consider the following analysis of the natural born citizen clause by constitutional scholar Michael Dorf, posted at the Dorf on Law blog February 29, 2008:
[I]f one is not burdened by the label of "originalist," then [McCain's eligibility for the presidency] is a pretty easy question. The "natural born citizen" requirement manifests a distrust of the foreign-born that, in a nation of immigrants, can only be derided as repugnant. I both "reject" it and I "denounce" it! It's still part of the Constitution, however, and therefore we need to try to figure out what it means. My frankly normative move would be to limit the damage by limiting the scope of "foreign-born." There's no plausible way to read the provision to permit Schwarzenegger and other naturalized citizens to become President. There is a ready (if not 100% clearly the original) way to read it to permit Americans born abroad to U.S. parents to become citizens.
Dorf's comments raise an intriguing question: How would an originalist approach the question whether the original meaning of the natural born citizen clause would permit McCain (and others not born of American parents on American soil) to become President? To answer that question, we need first to understand "originalism" itself.
Originalism is an evolving family of constitutional theories. Early originalist theory emphasized the intentions of the framers or ratifiers, provoking a variety of critical reactions. These criticisms set the stage for what is sometimes called "the New Originalism" and is also called "Original Public Meaning Originalism." On June 14, 1986, Justice Scalia gave a speech before the Attorney General's Conference on Economic Liberties suggesting to proponents of originalism that they "change the label from the Doctrine of Original Intent to the Doctrine of Original Meaning." Scalia's speech was the precursor of the view that the "original meaning" of each provision of the Constitution is the public meaning of the text at the time it was framed and ratified.
In addition to the shift from original intentions to original public meaning, some New Originalists have embraced a distinction between "constitutional interpretation," the enterprise of discerning the semantic content or linguistic meaning of the Constitution, and "constitutional construction," tentatively defined as the activity of further specifying constitutional rules when the original public meaning of the text is vague or otherwise underdeterminate. When the linguistic meaning of the constitutional text "runs out," constitutional construction must supplement constitutional interpretation.
The New Originalism played a substantial role in the Supreme Court's recent decision in District of Columbia v. Heller. There, the Court invalidated a District of Columbia statute that prohibited the possession of useable handguns in the home on the ground that it violated the Second Amendment to the Constitution. Given the paucity of precedent on the meaning of the "right to keep and bear arms," Heller offered the Court a now-rare opportunity to address the meaning of the constitutional text unencumbered by constraining precedent. The Court reacted by squarely posing a question that has exemplary significance for investigations of the relationship between constitutional theory and constitutional: How should courts determine the meaning of the Constitution in the absence of controlling precedent?
Writing for the Heller majority, Justice Scalia addressed the issue of constitutional method as follows:
In interpreting this text, we are guided by the principle that "[t]he Constitution was written to be understood by the voters; its words and phrases were used in their normal and ordinary as distinguished from technical meaning." . . . Normal meaning may of course include an idiomatic meaning, but it excludes secret or technical meanings that would not have been known to ordinary citizens in the founding generation.
Public-meaning originalism focuses on the conventional semantic meaning of the text at the time each constitutional provision was adopted. "Meaning" is a notoriously ambiguous term. When we interpret a legal text, we are interested in the "semantic" or "linguistic" meaning-the kind of meaning that definitions try to capture-and not the of purpose or implication of the text. When we determine "conventional" meanings, we look to patterns of usage-as opposed to the intentions of particular authors or speakers. The kind of originalism that focuses on conventional semantic meaning, as determined by usage at the time each provision of the Constitution was drafted and ratified, can be called "semantic originalism."
In many (perhaps most) cases, the inquiry into original meaning can proceed clause-by-clause and word-by-word. We determine the conventional semantic meaning of each word and then combine the meanings of individual words into whole clauses using the rules of grammar and syntax. Indeed, this is the method people ordinarily use to understand utterances in any natural language. But applying this method to the natural born citizen clause presents difficulties. The phrase "natural born citizen" seems to have an idiomatic meaning that cannot be derived from the conventional semantic meanings of the individual words "natural," "born" and "citizen." If these same words were used in another context, they might distinguish citizens who were born naturally from those who were born by Cesarean section. Moreover, if the constitution had been adopted more recently, the phrase might have referred to citizens whose birth resulted from "nonnatural" means, such as artificial insemination or other reproductive technologies. In the eighteenth century, the phrase "natural born citizen" seems to have had a meaning that cannot be derived from individual word meanings-violating the principle of compositionality. The relevant unit of meaning is the phrase as a whole.
The notion that phrases acquire meanings that are not reducible to the meanings of the constituent words is familiar to any competent speaker of a natural language such as English. We sometimes call such phrases "idioms." Many idiomatic phrases are in common usage and have conventional semantic meanings that are accessible to most or all competent English speakers. But some words and phrases are not familiar to all competent speakers. Some of the words and phrases that comprise the constitutional text may be "terms of art," the meanings of which are accessible only to specialized readers. Blackstone put it this way in his Commentaries: terms of art "must be taken according to the acceptation of the learned in each art, trade, and science."
For example, the phrase "letters of marque and reprisal" (from Article I of the Constitution) might not have been familiar to the ordinary citizen when the Constitution was drafted and ratified. Such terms of art create a potential problem for Justice Scalia's definition of "normal meaning," which excluded "technical meanings." If the meaning of the Constitution excludes technical meanings, then any terms of art included in the Constitution would fail to have any meaning at all and constitutional communication would misfire. For example, if the phrase "letters of marque and reprisal" was not "known to ordinary citizens in the founding generations," then that provision of the Constitution would simply be meaningless-if interpretation were limited to "normal meaning."
II. Finding the Original Meaning of "Natural Born Citizen"
How can originalists respond to the problem of constitutional terms of art-the use of "technical meanings"? The solution to this problem is to recognize a division of linguistic labor, a concept developed by philosopher Hilary Putnam. The intuitive idea is simple. When members of the general public encounter a constitutional term of art, their understanding of its meaning involves a process of deferral. Consider a situation in which an ordinary citizen reads the phrase "letters of marquee and reprisal," and thinks, "Hmm. I wonder what that means. It sounds like technical legal language to me. If I want to know what it means, I should probably ask a lawyer." This example suggests that ordinary citizens confronted with "technical" language recognize a division of linguistic labor, and defer to the understanding of the term of art that would be the publicly available meaning to those who were members of the relevant group (for example, lawyers) and those who shared the understandings of the members of the relevant group (for example, other citizens who consulted lawyers about the meaning of the term of art).
How does the division of linguistic labor contribute to our understanding of the natural born citizen clause? The phrase "natural born citizen" does not have a distinctive sense in contemporary usage by ordinary citizens. Although the individual words that comprise the phrase have conventional semantic meanings, it is clear that the meaning of the whole phrase cannot be derived from the meanings of the individual words. Of course, it is possible that the phrase "natural born citizen" would have been familiar to most ordinary speakers of American English in the late eighteenth century. But suppose this were not the case. The clause nonetheless could have had a conventional semantic meaning determined by the linguistic practice of those learned in the law in the late eighteenth century-so long as the division of linguistic labor made the technical meaning accessible to ordinary citizens.
Existing scholarship does not reveal extensive usage of the phrase "natural born citizen" in the founding era, but it was derived from the related phrase "natural born subject," which had a technical meaning in English law and constitutional theory. Those learned in the law in the framing era would have been familiar with Blackstone's Commentaries, which James Madison described (in the Virginia ratifying convention) as "a book which is in every man's hand." Blackstone wrote as follows:
The first and most obvious division of the people is into aliens and natural-born subjects. Natural-born subjects are such as are born within the dominions of the crown of England, that is, within the ligeance, or as it is generally called, the allegiance of the king; and aliens, such as are born out of it. Allegiance is the tie, or ligamen, which binds the subject to the king, in return for that protection which the king affords the subject. The thing itself, or substantial part of it, is founded in reason and the nature of government; the name and the form are derived to us from our Gothic ancestors.
. . .
Allegiance, both express and implied, is however distinguished by the law into two sorts or species, the one natural, the other local; the former being also perpetual, the latter temporary. Natural allegiance is such as is due from all men born within the king's dominions immediately upon their birth. For, immediately upon their birth, they are under the king's protection; at a time too, when (during their infancy) they are incapable of protecting themselves.
. . .
When I say, that an alien is one who is born out of the king's dominions, or allegiance, this also must be understood with some restrictions. The common law indeed stood absolutely so; with only a very few exceptions: so that a particular act of parliament became necessary after the restoration, for the naturalization of children of his majesty's English subjects, born in foreign countries during the late troubles. And this maxim of the law proceeded upon a general principle, that every man owes natural allegiance where he is born, and cannot owe two such allegiances, or serve two masters, at once. Yet the children of the king's ambassadors born abroad were always held to be natural subjects: for as the father, though in a foreign country, owes not even a local allegiance to the prince to whom he is sent; so, with regard to the son also, he was held (by a kind of postliminium) to be born under the king of England's allegiance, represented by his father, the ambassador. To encourage also foreign commerce, it was enacted by statute 25 Edw. III. st. 2. that all children born abroad, provided both their parents were at the time of the birth in allegiance to the king, and the mother had passed the seas by her husband's consent, might inherit as if born in England: and accordingly it hath been so adjudged in behalf of merchants. But by several more modern statutes these restrictions are still farther taken off: so that all children, born out of the king's ligeance, whose fathers were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes, without any exception; unless their said fathers were attainted, or banished beyond sea, for high treason; or were then in the service of a prince at enmity with Great Britain.
Blackstone's understanding of the notion of a "natural born subject" is not completely clear or precise. On the one hand, he states "[n]atural-born subjects are such as are born within the dominions of the crown of England," but on the other hand, he suggests "all children, born out of the king's ligeance, whose fathers were natural-born subjects, are now natural-born subjects themselves, to all intents and purposes." The latter statement might be considered a modification of the first, but the use of the qualifying language "to all intents and purposes" could be read as suggesting that children born to British subjects abroad were granted the rights of natural born citizens, but were not actually "natural born" themselves. For most practical purposes, this fine distinction is irrelevant because the common-law rule could be overruled by statute. However, when this distinction is applied to the natural born citizen clause, it might become important because statutes cannot overrule the Constitution.
Blackstone's understanding derived from the common law, which seems to have originated in Calvin's Case, a decision of the Court of Common Pleas, reported by Lord Coke in 1608. Writing in his 1914 article Natural Born British Subjects at Common Law in an English law journal, F.B. Edwards summarized the complex and difficult opinion:
The question before the Court [in Calvin's Case] . . . was whether Robert Calvin, the plaintiff, a Scottish Subject of King James I., who was born after James's accession to the English throne, was an alien; the unanimous finding of the judges was that he "was no alien . . . ." It is important to remember that at the time when that case was decided the feudal or territorial conception of nationality was practically universal throughout the world; or, at least, that that conception was operative in both England and Scotland as far as the acquisition of the local nationality at birth was concerned.
The concept of allegiance to the sovereign at birth (as noted by Blackstone), then, was the fundamental criterion for who was-and was not-a natural born subject. The notion of natural born subjects under British law was tied to the idea of natural allegiance to a sovereign. Natural allegiance was based primarily on being born within the territory subject to the sovereign's rules. But it could also be based on being the children of Ambassadors or children of Sovereigns themselves: members of these groups were considered to have a natural allegiance to the sovereign.
What conception of territory, then, underlies the English conception of a natural born subject? Edwards's answer suggests that such territories are limited to the "sovereign's dominions":
There is little difficulty in deciding whether any particular territory forms part of the King's Dominions. It is quite clear that British Protectorates, whether ordinary or colonial, and spheres of influence are not included within the King's Dominions, and that a right to occupy and administer vested in the British Government does not make British the territory affected.
Nor do the Indian allied states come within the boundary of the British Empire. There seems, however, no reason, beyond a purely technical one, why territories held by the British Crown under what either is, or practically is, a lease in perpetuity, should be excluded from this limit. The proposition that British Protectorates, and consequently any less interest of the Crown, should be excluded from our definition of the King's protection, is supported by Sir William Anson, who declares that birth within such a region is not sufficient to found a claim for British natural-born status. The real test of whether a given territory is part of the British Dominions is that it must have passed openly, completely, and unequivocally into the possession of the Crown.
If the American conception of "natural born citizen" were equivalent to the English notion of a "natural born subject," then it could be argued that only persons born on American soil to American parents would have qualified. This might lead to the conclusion that McCain would not be a natural born citizen under the Constitution because the Panama Canal Zone was not the sovereign territory of the United States but was instead merely subject to U.S. administrative control. On the other hand, the notion of a natural born subject might have been more flexible, encompassing all those who acquired citizenship at birth (as opposed to those whose citizenship was conferred after birth by "naturalization").
So far we have assumed that the conventional meaning of "natural born citizen" for those learned in the law in the eighteenth century was equivalent to the meaning of "natural born subject" in nineteenth century English law. But is this assumption correct? Does the substitution of the term "citizen" for "subject" alter the meaning of the phrase? And if those learned in the law did recognize a difference, what implications does that have for the meaning of the natural born citizen clause?
The language of the Constitution recognizes a distinction between "citizens" and "subjects." For example, Article III, section 2 differentiates "citizens" of the several states from "citizens" or "subjects" of foreign states. In the framing era, these terms reflected two distinct theories of the relationship between individual members of a political community and the state. In feudal or monarchical constitutional theory, individuals were the subjects of a monarch or sovereign, but the republican constitutional theory of the revolutionary and post-revolutionary period conceived of the individual as a citizen and assigned sovereignty to the people.
The distinction between citizens and subjects is reflected in Chief Justice John Jay's opinion in Chisholm v. Georgia, the first great constitutional case decided after the ratification of the Constitution of 1789: " [A]t the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects . . . ." Justice James Wilson confirmed Jay's articulation of the opposition between subjects and citizens. Wilson noted that with the exception of Article III, the Constitution refers to "citizens" and "persons," not subjects: "The term, subject, occurs, indeed, once in the instrument; but to mark the contrast strongly, the epithet 'foreign' is prefixed." Both Jay and Wilson's opinions suggest that usage in the founding era reflects a significant conceptual distinction between the words "subject" and "citizen". The term "citizen" reflects the notion that individual citizens are sovereign in a republic, whereas the term "subject" reflects feudal and monarchical conceptions of the lord or monarch as sovereign and the individual as the subject.
This conceptual distinction may be relevant to the original understanding of the American constitutional phrase "natural born citizen," which was used instead of the English legal phrase "natural born subject." The notion of a natural born subject may reflect a feudal understanding of political obligation: Those born in the kingdom owed a natural duty of allegiance to their king and were his natural subjects. Given a republican theory of popular sovereignty, citizens are sovereign, and the notion of a "natural born subject" would be anathema. This leaves a gap in the theory of citizenship-a gap that the Constitution fills with the concept of a natural born citizen.
One interpretation of the new term of art, "natural born citizen," is that its content is identical to the content of the old phrase, "natural born subject," with the purely nominal difference in the term ("citizen" versus "subject") used to refer to members of the political community. This could result in the interpretation suggested above-which would limit natural born citizens to persons born of American parents on American soil.
Those leaned in English law, however, understood another aspect of the concept of "natural born subject." Children of the sovereign were natural born subjects wherever their birth occurred. The issue of the king owed a natural obligation to their father; likewise, the children of the king's ambassadors were deemed to owe a similar obligation to their parents' monarch. But in republican theory the people are sovereign, suggesting that the republican conception of natural born citizens would naturally treat the children of citizen-sovereigns as equivalent to the children of a monarchical sovereign or king. This understanding may have been reflected in the first naturalization act of 1790 "An Act to Establish a Uniform Rule of Naturalization," which provided "the children of citizens of the United States, that may be born beyond sea, or out of the limits of the United States, shall be considered as natural born citizens." Because the First Congress passed this act, it arguably reflects the original understanding of "natural born citizen" as encompassing those born of the citizen-sovereigns on foreign soil. On this interpretation, John McCain would be a natural born citizen of the United States (at least for the purposes of eligibility for the presidency) because the original meaning of that phrase includes all persons born to American citizens.
On the other hand, the language of the 1790 Act might be interpreted differently. The statute is not explicitly phrased in declaratory terms: The phrase "shall be considered as natural born citizens" might have reflected the understanding that the children of American citizens on foreign soil were not actually "natural born," but could be treated as if they were by granting them a legal status that was otherwise identical to that held by those who were "natural born." On this interpretation, McCain would not qualify as a natural born citizen even if a statute had conferred citizenship upon him at birth. Such a conclusion is based on the conventional and widely shared assumption that Congress lacks power to alter the meaning of the Constitution through legislation.
From the point of view of originalist method, the question is how to resolve the conflict between these two interpretations of the clause. The New Originalism suggests that the object of our inquiry should be the linguistic practices of the relevant groups-either citizens at large or those learned in the law in the eighteenth century. The ambiguity could be resolved if evidence of usage confirms one of the readings suggested above-or, as may be the case, it establishes some other, slightly different meaning.
III. The Possibility of Irreducible Ambiguity
The analysis so far has suggested that the original meaning of the phrase "natural born citizen" may be ambiguous, or that evidence of that meaning may be insufficient to resolve the ambiguity introduced by the passage of more than two centuries. Most originalists assume that constitutional ambiguities can usually be resolved by reference to the original public meaning in context. But what does originalism say about ambiguities that cannot be resolved in this way? What if the original meaning is itself ambiguous or if there is insufficient evidence to resolve an ambiguity?
It is at this point that "New Originalists," such as Keith Whittington and Randy Barnett, might suggest that "interpretation runs out," and a different modality of constitutional practice must be engaged-this is what New Originalists call constitutional construction. Although New Originalists agree on original public meaning as the correct account of constitutional interpretation, they disagree about the best approach to constitutional construction. Randy Barnett's distinctive theory of constitutional legitimacy sanctions a justice-enhancing account of constitutional construction. Keith Whittington has emphasized deference to democratic political processes. Jack Balkin suggests that construction should be guided by reference to the purpose of the constitutional provision at hand. Different approaches to constitutional construction might give different answers to the question whether McCain is eligible for the presidency.
The phrase "natural born citizenship" is semantically inaccessible to modern readers. Because this phrase violates the rule of compositionality, it must be understood as an idiom or term of art. For this reason, gleaning the meaning of the phrase requires us to investigate linguistic practice to recover the original meaning-the meaning of "natural born citizen" at the time of constitutional utterance. When we look for public meaning, we may discover that the division of linguistic labor in the late 18th century takes us to the shared understandings of those learned in the law. We may need to look to eighteenth century linguistic practice to make sense of a phrase that would otherwise be either mysterious or radically ambiguous. For this reason, the natural born citizen clause may illustrate what we might call the "inescapability of originalism": Some constitutional provisions only make sense after we turn our attention to the way language was used when they were framed and ratified. There is good reason to believe that the natural born citizen clause is one of these provisions.
But, from the fact that originalism is inescapable, it does not follow that originalism answers all constitutional questions. Grasping the original meaning of the natural born citizen clause may lead us to the conclusion that the constitutional text does not provide the answer to all of our questions about eligibility for the office of President. Constitutional practice may require both interpretation and construction: The original public meaning of the natural born citizen clause may not suffice to answer the question whether John McCain is eligible for the office of President of the United States.


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Team Antipodes, a three-person robotics team profiled recently on THEJournal.com, was awarded first place in robot design during the recent international FIRST Tech Challenge robotics competition, which took place in St. Louis, MO. The winning team relied on 3D design software made available by Autodesk to mock up the details for its latest robot, nicknamed Archie for Archimedes. The "PTC Design" award, sponsored by Parametric Technology, goes to the team that best incorporates industrial design elements into its robot.
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SUMMARY: A solid marketing campaign is hard to argue with. Many teams instinctively let successful campaigns run untouched and let the results roll in. But sometimes a tweak here and there can add up over the years.
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The place I spend most of my time would be school, Parsons the New School for Design. If there was one vision of change that I would make for the school would be for a better way of organizing and providing for the student and faculty. A focus on other departments besides fashion would be a nice change. Our school should hold charities, give to different organizations and help bring students into awareness for different problems that face the world today.
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DataXstream Announces Electric Car Incentive Plan for Employees
Published: 19-Jan-2013
WILLIAMSBURG – While Gov. Bob McDonnell wants the General Assembly to approve fees for owners of hybrids and electric cars because they don't pay as much in fuel taxes, one local company is offering to pick up the lease costs of an electric car for employees.
McDonnell's proposed $100 annual fee for alternate fuel vehicles is one of the most controversial parts of his transportation initiative, which gets rid of the gas tax and raises the sales tax to direct more money to road construction.
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Duck, Duck, Goose: ALDF Takes on Foie Gras
|Baby ducks in trash bin at the "humane" Hudson Valley Foie Gras. (Photo by APRL)
Update: On January 27, 2014 the 9th Circuit Court denied a request by a coalition of foie gras producers to rehear their constitutional challenge against California's ban on foie gras. A smaller panel of judges had previously ruled that the foie gras ban was constitutional. Going forward, the producers may petition the Supreme Court to hear their challenge to the ban, or may take their case back to the District Court.
There was a lot of buzz last summer about California's ban on the production and sale of force-fed foie gras—a momentous step forward for farmed animals in the U.S. Yet, on the other side of the country, young ducks continue to be force-fed by producers like New York's Hudson Valley Foie Gras (HVFG). Foie gras, a highly profitable "gourmet" product regulated by the New York Department of Agriculture and Markets and sold in New York restaurants, is made by stuffing young ducks so full of food their livers swell up to eight or more times their natural size.
On the heels of the California ban, the Animal Legal Defense Fund has launched multiple attacks against the foie gras industry in the courts. In August, 2013 ALDF achieved one more victory when the Ninth Circuit Court of Appeals upheld an earlier decision denying an industry request to temporarily lift the ban while they contest the law in litigation. ALDF, along with Farm Sanctuary, HSUS, and the Marin Humane Society, filed an amicus brief in that case, as a lifting of the ban would also have substantially delayed ALDF's pending lawsuit against Napa, California-based La Toque restaurant. La Toque is appealing ALDF's July 2013 victory over the restaurant's attempt to illegally sell force-fed foie gras products and then protect this lawbreaking as "freedom of speech." However, Napa County Superior Court agreed with ALDF that illegally selling foie gras is not free speech protected by the U.S. Constitution. The upcoming appeal will mark the first time a California appellate court will hear a case on the foie gras ban.
In yet another landmark case, ALDF's lawsuit against Hudson Valley Foie Gras was the first time a humane competitor used false advertising laws in a federal case alongside an animal protection group. Ella Nemcova, a co-plaintiff in ALDF's suit, owns a Brooklyn-based company called The Regal Vegan, which produces a legitimately humane and plant-derived foie gras alternative called "Faux Gras." Hudson Valley Foie Gras, on the other hand, promoted themselves as "The Humane Choice" while brutalizing ducks for gourmet profits. HVFG's deceptive tactics violated state and federal laws by unfairly urging consumers to buy force-fed foie gras rather than cruelty-free products like The Regal Vegan's. ALDF withdrew that lawsuit after Hudson Valley Foie Gras removed its deceptive use of "humane" language.
The Inhumane Choice
A day in the life of a bird raised for foie gras includes several force-feedings in which a thick pipe is rammed down his throat and huge amounts of grain pumped directly into his stomach. Free time is spent crammed in extremely small, dirty pens. Infection and painful punctures in the beak and throat are common, and many ducks cannot move normally and become too heavy for their legs to hold them. When ducks get sick from these conditions, human workers may simply throw them into a trash heap. The ducks who survive are eviscerated and their diseased livers sold as food by producers such as HVFG.
Recent investigations into Hudson Valley Foie Gras revealed appalling conditions. Dead ducks are tossed into garbage cans or lying alongside living ducks struggling to breathe, unable to escape, with untreated sores left festering. Hudson Valley Foie Gras, the largest U.S. producer of foie gras, defines itself as "The Humane Choice" in its promotional materials. Does this seem humane to you?
A Diseased Food Product
But the fight does not end there. In a suit against the New York Department of Agriculture and Markets, ALDF warned that by not declaring that foie gras comes from diseased animals, the Department is putting consumer health at risk—and violating New York state laws. This lawsuit also names foie gras producers Hudson Valley Foie Gras, Bella Poultry, and La Belle Farms, who profit from the sale of diseased poultry. ALDF will not let them get away with it, and this case is currently on appeal.
Foie gras has been banned in over a dozen countries. Force-feeding damages the livers of the birds so badly it induces an extremely painful disease known as hepatic lipidosis. Scientific studies also show that consumption of foie gras is associated with a fatal disease in humans called secondary amyloidosis. Hundreds of thousands (and possibly millions) of birds have been slaughtered and their diseased organs sold into the human food supply for the financial profit of foie gras producers.
Taking on a Public Health Threat and Animal Cruelty Nightmare
ALDF is working hard to end this blatant disregard for human health and animal welfare. A victory in these cases will mean a nail in the coffin of this country's fading foie gras industry. In other recent legal actions, ALDF petitioned the USDA to label foie gras the product of diseased birds and also urged California Attorney General Harris to sue foie gras advocates for false advertising. ALDF attorneys simply will not rest until consumers are told the truth about this diseased and cruel "gourmet food."
More Information
- Landmark victory for ALDF in Foie Gras Lawsuit
- Read the press release about the Hudson Valley Foie Gras lawsuit.
- Read the press release about the New York Department of Agriculture and Markets lawsuit.
- Download a high-resolution version of the foie gras infographic for your blog or website.
- ALDF Sues La Toque Restaurant for Violating California's Ban on Force-Fed Foie Gras
- Stephen Wells Explains ALDF's Lawsuit against Napa Restaurant
- Updates in ALDF v. HVFG "Humane" False Advertising Lawsuit


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Nikon F5
I fused my sunglasses with the inside lip of a salad bowl and added text. This was work I did for my students on WORD! Creation is a word that combines the given with the creative choice.This photo was shot on film. Taken by druid with a Nikon F100 loaded with Fuji 400 S film in Toronto, Canada. These tags describe this photo: nikon, fuji, 400s, art, colour, toronto, student, and f100. Date: 2011-10. Time: Morning. This photo can also be found in the album Nikon F100.
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6 comments
somewhere i might have seen this tree before....
@mapix as my avatar! It is from the inside lip of a salad bowl (made in Cornwall, England I believe) - thanks
This is great, too!
@trw I did this as an expression of WORD! The combination of the given in life (the tree was from the inside of a salad bowl) with one of my students wearing my glasses (the technology of human hands) and my favourite word - CREATION - the freedom to reshape our lives :)
nice work!
@reiga thank you
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Tuskegee University President Gilbert L. Rochon on Saturday announced that the university has initiated the largest capital campaign in its 130-year history.
"Tuskegee University's illustrious history and distinguished contemporary accomplishments deserve a continued and accelerated upward trajectory toward a globally preeminent academic future," Rochon said. "The landscape of higher education is changing dramatically and Tuskegee University is faced with intensified competition for the best students, faculty and academic facilities. In order to continue and further our mission, we must have adequate resources."
via Tuskegee University.


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Exploring How Authentic Learning and Multimedia Can Enhance Teaching and Learning, History PROCEEDINGS
Peter Hillis, Andrew Calderhead, University of Strathclyde, United Kingdom
World Conference on Educational Multimedia, Hypermedia and Telecommunications, in Vienna, Austria ISBN 978-1-880094-65-5 Publisher: Association for the Advancement of Computing in Education (AACE), Chesapeake, VA
The impact of ICT on education has become a highly contentious area with both its theoretical base and impact increasingly questioned. Rather than discussing the actual impact on teaching and learning, educational administrators and politicians now increasingly refer to the potential to transform. However, the focus of attention has moved towards the learning tasks rather than the technology and here critical skills/authentic learning play a central role. When ICT and authentic learning combine, the potential of new technologies is realised.
Hillis, P. & Calderhead, A. (2008). Exploring How Authentic Learning and Multimedia Can Enhance Teaching and Learning, History. In J. Luca & E. Weippl (Eds.), Proceedings of World Conference on Educational Multimedia, Hypermedia and Telecommunications 2008 (pp. 4152-4166). Chesapeake, VA: AACE.


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10 Cats That Got Famous For Their Awesome Fur Markings
There are countless genes that govern different aspects of cats' fur color, length, patterns and other properties. These mutations create the beautiful and unique patterns that we love, but they can sometimes also create unexpectedly interesting designs. We'd like to take...Lina D.


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I just need one website......
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17th September 2007, 18:30
Join Date: Jan 2007
Location: naples italy
Posts: 46
Thanks: 4
Thanked 2 Times in 2 Posts
more on the website setup
Before I get onto the website setup, I have some questions about the server setup.
BTW I have Ubuntu-704-feisty-32-minimal 2.6.20-16-server.
I followed all the instructions in the install guide plus the ubuntu 6.06 server setup guide on "howto forge".
So, my ISPCONFIG system is apparently installed and running smoothly.
If I goto
and login as "admin" and then go to the following menu:-
in the tab that appears:-
I can enter data like
IP Address:
Admin Email:
1. Other than the ip address of my server, do I need to set these up ? I'm the only person needing to do admin, and it is more secure and less expensive if i just stick with an ip address rather than adding a domain name.
2. what is appropriate for the admin e-mail ?
I check my e-mail on another e-mail system so I guess i should specify that e-mail address because otherwise it is unlikely to get read.
On the tab:-
what do \i have to set up here ?
What e-mail are we talking about ?
Is it some kind of a global setting page for all the e-mail that will be handled by all the hosted sites or what ?
on the tab
what should i set in here ?
Default Ns1: server1.mydom.dom
I suppose if i am running BIND locally
Default Ns2: some other backup DNS server somewhere else.com
Admin Email: ?? not sure what goes in here as above
Default MX: ?? not sure here either as what website /MX account for what post are we talking about here as so far, I did not create any websites ????
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The Arcadia University men's basketball team defeated defending Freedom Conference Champion Delaware Valley College 80-77 Tuesday night in a non-conference contest, marking the third straight victory for the Knights. Arcadia is now 3-1 for the season, while the Aggies fell to 3-2 with the loss.
Delaware Valley led 55-47 6:23 into the second half before the Knights went on a 17-4 that was capped off by a three from junior forward Joe Brown with 7:14 to go. Arcadia never trailed the rest of the way and led by as many as nine, 72-63, with five minutes to go.
The Aggies didn't go away quietly and used a 10-2 run to pull back within one following a pair of sophomore guard Zach Sly free throws that made it 74-73 in favor of the Knights.
It was still a one-point game after sophomore forward Chris Moran knocked down a pair of free throws that made it a 78-77 contest in favor of Arcadia with 52 seconds to go, but those proved to be the final points scored by the Aggies. The two teams exchanged missed shots and free throws until Brown stepped to the line with 13 seconds to go. He made the first but missed the second, giving the Knights a two-point advantage.
Sophomore guard John Landro then drew a charge that was called on Sly which gave Arcadia the ball back with seven seconds left. Junior guard Torrell Candelaria was fouled following the inbound, missed the first free throw and made the second for the 80-77 final.
The Aggies had one last possession with five seconds to go, but Brown stole the ball from Sly and ran out the remaining time on the clock to put the game away.
Senior guard Rashon Brock scored 18 points to lead the Knights while going a perfect 6-for-6 from the floor with two threes and a 4-for-4 performance at the line. He also pulled down five rebounds and had three assists.
Junior guard Travis Saltus and freshman guard Ryan Kelly scored 12 points with three assists each, while Brown fell just short of a double-double with 11 points and nine boards.
Junior guard Francis Arnold scored a game-high 22 points on 8-of-10 shooting from the field with four threes to go with seven rebounds, four assists and three steals to lead Delaware Valley. Moran finished with 17 points and five rebounds, while Sly notched 16 points with six assists, five rebounds, and four steals.
The Knights shot 53 percent (28-53) from the field, 50 percent (6-12) from three, and 82 percent (18-22) from the line in the game, while the Aggies shot 44 percent (26-59) from the field, 44 percent (8-18) from three, and 61 percent (17-28) from the line.
Arcadia will next travel to Albright College December 3 for an 8 p.m. Commonwealth Conference contest.


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Title: Big &Bold
Date: May 19, 2012
its a very big centerpiece and really cool. love how each side hasa different member if the lantern corp.
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text: The first 5 albums you ever purchased! Apr 4, 2012 9:25:03 GMT -5 Quote Select PostDeselect PostLink to PostBack to Top Post by Guest on Apr 4, 2012 9:25:03 GMT -5 Apr 4, 2012 1:03:32 GMT -5 Friendly Destroyer said:"Crossroads" and "So Far So Good" were everywhere that Christmas.Grew up in California and was out visiting my Grandmother for Christmas in Rochester, NY. My cousin bought me Crossroad. I did one of those pretend to like it smiles. It wasn't until about 5 years later that I truly embraced the JOVI.


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What size tutto would I need for the 550 bernina? or any other suggestions for a better trolley? thanks, judy
Ordinarily you would measure the height. length and width of the machine and then choose the size case that the machine would best fit into.
------"Improvise, adapt and overcome." - Clint Eastwood/Heartbreak Ridge
Look here.
Bernina 830LE - Brother Dreamweaver VQ3000 - Bernina B530 - Janome 6600P - Pfaff 1209 - Babylock Evolution - Janome 644 - Babylock Sashiko2 - Babylock BLCS-2
I have the medium one and my 630E and B580 fit fine. Love it - lots of room for accessories.
------So many projects, not enough time
At my house in VA:
Bernina 1010, Activa 220, B580, B780
Singer 201-2, 221, Bernina Serger 1300MDC, BL Enlighten, BL Sashiko, BL Cover Stitch, Consew 75T
At my Lake House in PA:
Bernina Artista 165E, Singer 503A. Bernina Serger 1100d
I have been looking at thus brand too.
Does anyone use the tutto XL for a BL Ellisimo? Does it fit inside WITH the accessory tray or does the tray have to be removed first?
------sewing brings joy and meaning to my life...
------ iPad's auto-correct is my enema.
I added it to favorites. Thanks.
------Bernina 630, my much loved main machine
Bernina embroidery module
Pfaff 2036 my back up & travel machine
Babylock Molly, mechanical
Bernina 1200DA serger
Unique Sewing Cabinet 450L
I love my Tuttos. A bit irked that they are not rated for ATA specifications for air travel with the XL or XXL bag size. You can use the large bac for carryon with your machine, but not the larger sizes.
At least I found this out before my trip in May, where I will be travelling with one of my big machines. -- Edited on 3/18/13 11:05 AM --
Ouch. My Sapphire 875Q would need the Monster size. They look like very, very nice cases, though.
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Professor Harry Caldwell was selected as a recipient of the 2012 Howard A. White Award for Teaching Excellence.
A 1972 graduate of Pepperdine's School of Law, Caldwell served as a trial prosecutor in Santa Barbara and Riverside Counties before joining the faculty at his alma mater. Caldwell teaches criminal law and criminal procedure, as well as trial advocacy courses, and serves as advisor of the law school's highly successful interschool trial teams.
In addition to his work as a professor, Caldwell routinely represents condemned prisoners in the appeals of their death sentences before both the California Supreme Court and U.S. Supreme Court. He has written extensively in the area of criminal procedure, trial advocacy, and the death penalty.
"Professor Caldwell is intensely dedicated to preparing students to excel as lawyers, and he is well known for his passion and enthusiasm as a professor," said Vice Dean Richard Cupp. "I am pleased that his outstanding teaching is being recognized with this award."
Caldwell has received several other teaching awards including the Luckman Distinguished Teaching Award, and was the recipient of the Richard Jacobson Award as the nation's premier trial advocacy teacher in 2000.
"To do something that I am passionate about is a true treasure," Caldwell said. "And to be chosen from such a remarkable group of stellar teachers is special. I'm humbled."
The Howard A. White Award for Teaching Excellence recognizes outstanding teachers who embody Pepperdine University's commitment to excellence. All full-time faculty members are eligible for the award. The award honors teachers who inspire, stimulate, challenge, and motivate their students; teachers who develop in students the ability to think critically and creatively about the world; teachers who instill in their students a lifelong love of learning.
The award is named for the fifth president of Pepperdine University, Dr. Howard A. White. During a career at Pepperdine that spanned almost 30 years, Dr. White served in a variety of faculty and administrative posts. He was an effective history professor, a respected scholar, a gifted administrator, and a faithful steward of the University's mission. His life's work at Pepperdine as a teacher, scholar, and administrator exemplifies the commitment of the University and its faculty to students and to teaching and learning.


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Exclusive Apartments Gdańsk
Price from: 34 € (for chosen dates)
Number of apartments: 3
for a specific date, please use the panel below:
The instruction on how to check the price and availability of accommodations
is located in the fold "Prices and reservation"
The instruction on how to check the price and availability of accommodations
is located in the fold "Prices and reservation".
Hotel description
Located in the centre of Gdańsk on the bank of the River Stara Motława, Exclusive Apartments Gdańsk is 800 metres from the Old Town. This self-catering accommodation features free Wi-Fi. The elegant apartment will provide you with a flat-screen TV and a seating area. There is a fully equipped kitchen with a fridge and a microwave. Featuring a bath the bathroom also includes towels. Exclusive Apartments Gdańsk is 1.7 km from the Gdańsk Główny Train Station. The property is about 1 km from the city's main tourist attractions, such as the Medieval Crane.
Other details
Please inform Exclusive Apartments Gdańsk in advance of your expected arrival time. You can use the Special Requests box when booking, or contact the property directly with the contact details provided in your confirmation.
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