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Elite-on-Elite Crime
I had to laugh last night as the social media mob moved to proclaim its undying love for upstart Lehigh after it vanquished Duke in the NCAA basketball tournament. Nothing against Lehigh, mind you, but it's fascinating how the "Cinderella" mythology of college sports upsets leads people to ignore the reality that this wasn't exactly a triumph of the poor underdog over the wealthy elite. This was elite-on-elite crime.
Lehigh and Duke are both private east coast colleges founded by wealthy industrialists, Lehigh by railroad construction magnate Asa Packer in the 1860s, Duke by tobacco producer James Duke in the early 20th century. Today they are both among the country's most expensive schools. Lehigh's reported total "cost of attendance" is $54,020 per year—not that far off from Duke's $57,180 per year. While Duke may have a much stronger basketball pedigree, Lehigh is much closer culturally to Duke than most of the Blue Devils' Atlantic Coast Conference brethren—say, the University of Maryland, where the cost of attendance for in-state residents is as low as $16,000 per year.
It's also worth noting that Lehigh plays in the Patriot League, a conference originally created by several private universities for the express purpose of providing regular non-conference opponents for the Ivy League schools (Harvard, Yale, et al.) That's not exactly a working-class pedigree.
Lehigh is, as a commenter familiar with the school said to me on Twitter last night, "a SUUUUUUPER rich kid school." Perhaps that fact gets lost in all the anti-Duke euphoria. After all, Duke has long been held up as the standard-bearer for super-rich-kid schools, most infamously in the Mike Nifong scandal a few years ago when several Duke lacrosse players were falsely accused of rape. Would Lehigh have been as embraced if it had defeated a small public college like Norfolk State, which scored its own upset yesterday against a much larger government institution, the University of Missouri?
I get that everyone likes to crap on Duke basketball, particularly coach Mike Kryzewski. Schadenfreude drives a lot of sports fanaticism. But spare me any talk of the "little guys" triumphing over the Big Bad Behemoth in this situation. Lehigh had a nice game yesterday, but after the tournament ends, those Lehigh players will have a lot more in common with their Duke opponents than the 99% of the population that can't afford either school.
The DOJ Can't Get Its Story Straight
Before I quit writing about antitrust last year, I attempted to learn how much the Department of Justice spent prosecuting Ian Norris, a retired British executive that American antitrust authorities spent years pursuing, forcibly extraditing him from the UK under a bullshit treaty. In December 2010, I filed a Freedom of Information Act request with the DOJ's Antitrust Division, asking for documentation on how much it spent on the Norris case. Although FOIA required a reply within 20 days, I didn't hear back from the Antitrust Division for eight months. But at least they gave me an answer, as I reported last year:
According to the one-page reply, the Antitrust Division spent a total of $1,132,971.39 prosecuting United States v. Ian P. Norris before the US District Court in Philadelphia. The bulk of that ($1,107,869.32) was for staff costs and benefits, with the remainder ($25,102.07) described as "travel, transcript and other costs." The Division said its staff worked 15,336.25 hours on the Norris case, which did not include any unpaid overtime hours.
The Division's figures apparently did not include the costs incurred by US taxpayers in securing Norris' extradition from the United Kingdom, a process that took several years. According to the Antitrust Division, information regarding those costs must be obtained separately from the Office of International Affairs at the Justice Department's Criminal Division.
So I then filed a second FOIA request with the Criminal Division asking for its spending on the case, including the extradition proceedings. In late September 2011, the Criminal Division responded, saying it would not proceed with my request unless I agreed to pay a search fee:
Unlike the Antitrust Division, the Criminal Division seems to think it's a burden to ask for its spending on the Norris affair. In the letter I received today, the Criminal Division denies my request for a fee waiver — which puts my underlying FOIA request on hold until I agree to pay the unspecified fees — and asserts I have failed to prove why I am entitled to learn about government spending for free. "Aside from asserting that the information you seek will be made available to the public free of charge on the website you edit," the Criminal Division's letter said, "you have failed to demonstrate how the information about the Criminal Division's cost of prosecuting Ian P. Norris will contribute significantly to the public's understanding about the Division's operations or activities."
I never bothered to appeal this determination and assumed that was the end of it. Then, today, I receive a second letter from the Criminal Division:
This letter is in response to your Freedom of Information Act (FOIA) request dated September 6, 2011. In that request, you asked for copies of "information related to expenditure of Criminal Division funds to prosecute United States v. Ian P. Norris, Cr. No. 2:00-cr-00632 (E.D. PA, filed September 20, 2003) and a summary of the Division's costs in connection with this case, including the extradition proceedings conducted by the Division's Office of International Affairs".
In responding to a FOIA request, the Criminal Division's search will include responsive records in its control on the date the search began. Our search began October 3, 2011.
We searched the Criminal Division Sections most likely to maintain records of the type you requested. Thorough searches by knowledgeable personnel failed to locate any records responsive to your request.
So after telling me there would be no search unless I agreed to pay a fee—which I didn't—the Criminal Division, on its own initiative, changed its mind and began a search that yielded no records. Keep in mind, I only filed the second FOIA request with the Criminal Division because the Antitrust Division told me to ask the Criminal Division about spending related to the extradition. The Antitrust Division believed such records existed, but not the "knowledgeable personnel" at the Criminal Division. Um, OK.
Maryland May Restrict Campus Social Media Monitoring
Last month, I detailed the lengths some universities in the Southeastern Conference went to in monitoring the use of social media by athletes. (Per Jay Bilas' rant, I won't refer to them as "student-athletes.") Several SEC members hired an outside company—run by a former Department of Defense drug war consultant—that directly monitors athletes' Twitter and Facebook feeds for certain words. Louisiana State University's athlete handbook described the relationship thusly:
The LSU Athletic Department partners with U-Diligence to assist in monitoring social media databases. Currently enrolled student-athletes, managers and trainers are required to register with U-Diligence and grant all requested permissions on the application. The monitoring system is used to help protect your reputation. You not only represent yourself and your family, but also the athletic program and LSU. U-Diligence will alert the LSU Athletic Administration and coaches of any possible negative postings and, at the same time, you will receive negative e-mail alerts whenever something potentially problematic is posted on your pages by you or your friends.
Such heavy-handed monitoring has already spurred a political backlash in one state. The Maryland Senate recently advanced legislation to restrict the ability of universities in that state to monitor all student social media usage. This would include athletes. In its current form, the bill says schools cannot require a current student or applicant for admission to "disclose any user name, account name, password, or other means for accessing" that person's personal accounts. It would further prohibit a school from disciplining, or threatening to discipline, a student or applicant for failing to disclose such information. These restrictions would not apply to any email or social media accounts provided by the school itself, nor would it prevent students from "voluntarily disclosing" such information to school officials.
Given that last provision, I wonder if Maryland athletic departments would argue that since participation in intercollegiate athletics is itself voluntary and a "privilege," that social media restrictions by coaching staffs would not be exempt from this bill. I don't know what current policies Maryland's universities have—my study was limited to the SEC—but college athletics is a copycat world. If coaches in the SEC are monitoring usage with fancy outside contractors, coaches in other conferences will want to do the same, if they aren't already.
I also question the broad application of this bill to private universities. The bill defines its applicability to all institutions of "postsecondary education." I don't think a state legislature should regulate the contractual relationship between purely private entities. I understand that the Maryland legislature is also considering measures to restrict social media monitoring by all employers. I oppose that for similar reasons.
Overall, however, I think it's good that a state legislature has taken up this issue. Government-run universities should never be in the business of "monitoring" student speech. I strongly disagree with segregating athletes into some sort of free-speech ghetto because they happen to play a high-profile sport. (And yes, while I don't think the legislature should tell private schools what to do, I think those schools should choose to err on the side of respecting student speech.) The problem with restricting one group's liberties is that it tempts officials to eventually extend those restrictions to the rest of the student body.
The Most Interesting Lawsuit in the World
Via a new Tumblr account called "Rothbard's Complaint," the Dos Equis spokesman weighs in on Koch vs. Cato:
Boaz Interview Raises More Questions About Cato Control
David Boaz, the Cato Institute's executive vice president, spoke with conservative broadcasters Mark Newgent and Andrew Langer yesterday. The interview (starting around the 24:30 mark) was largely a rehash of Cato talking points, but Boaz did raise one issue worth briefly discussing. When asked why Cato adopted a shareholder structure in the first place, Boaz said, "Charles Koch wanted tight control" over Cato. But then Boaz went on about how Koch essentially neglected Cato's management for 35 years, during which time Boaz described the board of directors as "self-replacing" until Koch and his brother reasserted their ownership rights a couple years ago.
What Boaz didn't say is that the shareholder structure really allowed Ed Crane—the only remaining shareholder from 1977 along with Charles Koch—to maintain tight control over Cato. Given Koch's absentee ownership, it was Crane who was almost certainly picking the directors for most of the past 35 years. Boaz may say the board elected its own successors, which is the norm for nonprofit corporations, but legally, only the shareholders can elect directors. And if Koch declined to exercise his voting rights, then logically it was Crane, together with the late Bill Niskanen, who was really picking Cato's board. In that sense, the board was no more "independent" than it is now that the Kochs are actively participating in director elections.
There's also the mystery of David Koch's addition as a shareholder in 1991. If, as Boaz characterizes the history, Charles Koch allowed Crane to run Cato free of interference since 1977, why then was a fifth shareholder added? Crane and Niskanen, who held 50% of the shares from 1985–1991, presumably had to consent to this. If the shareholder agreement was dormant, why reopen it at all? For that matter, why was a new agreement signed in 1985, when Niskanen was added as the fourth shareholder? This part of the story has never been explained by either side.
The Apple Doesn't Fall from the (Football) Tree
A few months before Steve Jobs died, the DOJ announced a civil antitrust settlement with Apple and a handful of technology companies, including Pixar, which Jobs co-founded. The problem, according to the DOJ, was that these companies—I think there were six involved altogether—had informally agreed among themselves not to "cold call" each other's key technical employees and solicit them for employment. In other words, it was a "no poaching" agreement. Some accounts said Jobs was the ringleader and that he was, in effect, bullying the other firms not to try and "steal" Apple talent, even though there were no legal or contractual prohibitions on doing so.
The DOJ ruled this was a clear case of illegal price-fixing. It was unnecessary to identify any individual employee who might have been denied a better job; price-fixing is a per se antitrust violation, meaning the conspiracy itself is the violation separate from any injury (although the employees could certainly file their own civil antitrust class action, and I believe several have done so).
I bring all this up, of course, because of what the NFL did yesterday. Now if it was illegal for Jobs and his competitors to have an informal no-cold-call agreement, how is then legal for the NFL to have an unwritten agreement that purported to overrule a signed collective bargaining agreement with a clear "no salary cap" rule in effect for the 2010 season? The labor exemption should not apply here, as the NFL only procured after-the-fact consent from the NFLPA through what appears to be coercion and fraud. This is arguably much more serious than the civil offenses that Apple, et al., committed.
If the Justice Department didn't fear a lengthy court battle or the political blowback, I daresay there would be a criminal grand jury empaneled this very day to look into the "warnings" Goodell said he gave the Redskins and Cowboys. Because, yes, price-fixing is a felony in the United States. I don't happen to agree with that, but it's a well settled principle of law, as the Apple case demonstrated.
Futzing with the Schedule
Today at Saturday Down South, I look at how college football might reduce or realign its schedule in the wake of realignment and the ongoing push for a multi-round playoff.
We Now Resume Regular Programming
After 12 days, I think we've explored as much of the Koch vs. Cato litigation as we can. So there won't be any new posts on the case until something actually happens in court. I will continue to update the bibliography, which has moved to this page. And you can also download my ebook compilation of my earlier coverage at Amazon.
The Question of Donor Intentions and Motives
I've talked about how the Koch vs. Cato dispute encompasses several arguments—the lawsuit, the personality conflict, the battle for public opinion—but it's also, like many high-profile disputes, about the money. This morning, Cato's director of health policy studies, Michael Cannon, emailed me to "clarify" that, "It is the Kochs' lawsuit, not the Kochs per se, that poses the threat to Cato." He added, "We hope and would be thrilled to have the Kochs' continued support." Now, I take that to mean, "We want the Kochs' money, just not the Kochs or their friends on our board of directors."
I don't think this is an unreasonable position, mind you. By Cato's account, and the Kochs have not disputed this, the Kochs have not been significant donors to Cato for many years. Cato president Ed Crane has developed his own substantial donor network and his first priority is to keep that group happy. As Cato chairman Robert Levy said to me last week, and again in a statement today, "Several of Cato's largest donors had announced they would discontinue their donations until it became clear that the Kochs would not control Cato." Of course Cato will side with the people who fund them today over the people who funded them 35 years ago.
But it's also disingenuous then to act like this is all about defending libertarian principles from Republican and conservative interlopers, a key element of Cato's public relations strategy. If Cato's current donors weren't threatening to revolt—or if Charles and David Koch were still footing most of Cato's bills—the current dispute would likely not exist. More importantly, we don't really know why the current donors are threatening to revolt—because we don't know who those donors are. I asked Levy point-blank last Friday to identify the "largest donor" who threatened to cut off support if there was a Koch takeover. He declined to do so.
Levy is certainly not legally obligated to disclose Cato's donors to me. And if I were in his position, I'd be reluctant to do so as well. However, once again, it's disingenuous to act as if the Kochs have stepped outside the boundaries of civilized conduct by asserting their original donor rights while simultaneously claiming you're fighting to preserve the rights of faceless current donors. For all we know, these donors simply have a personal dislike for the Kochs that has nothing to do with libertarian ideology or principles.
Levy Response to Koch Statement
Editor's note: I received the following statement this morning from the Cato Institute.
On March 1, after filing suit in Kansas court to gain control over the Cato Institute, Charles Koch issued a statement to the press: "We are not acting in a partisan manner, we seek no 'takeover' and this is not a hostile action." The purpose of the suit, he insisted, was simply "to ensure that Cato stays true to its fundamental principles."
Last week, Mr. Koch circulated a longer "Statement Regarding the Cato Institute," again professing his "steadfast intent" that Cato remain "a principled and non-partisan organization that would advance the ideas that enable all people to prosper – by promoting individual liberty, limited government, free markets and peace."
But actions speak louder than words. The Kochs' takeover attempt has included packing Cato's board of directors with individuals, almost all of whom are financially entangled with the Kochs and have no history of libertarian advocacy.
Moreover, their latest statement does nothing to address the genuine concerns expressed by their friends and ours that the action the Kochs have taken will pointlessly and grievously injure the movement for individual liberty that they have previously done so much to advance.
It should have been obvious to Charles Koch that filing this suit would necessarily result in a public battle that would threaten the Cato Institute's credibility – wounding allied organizations and scholars in the process. You be the judge. Imagine that Charles Koch prevails in his lawsuit against Cato, and that he and his brother then "own" two-thirds of Cato's stock. Would an Institute whose board of directors is appointed by the Kochs be viewed as a credible source of non-partisan, non-aligned, independent commentary on vital public policy questions? Or would the think tank now known as Cato cease to exist because its 35-year unimpeachable reputation is critically damaged by the (unfortunately accurate) perception that Cato is literally "owned by the Kochs"?
In his latest message, Mr. Koch relates "the facts behind what we have done and why." I regret to report that his facts are, at best incomplete and accompanied by a host of misleading assertions. What follows are the Cato Institute's responses to the central points Charles Koch raises.
Koch: "My brother David and I have every intent to ensure Cato continues its work on the full spectrum of libertarian issues for which it has become known."
Recent actions by the Kochs elicit doubts about that proclamation. If the Kochs seek to ensure that Cato stays true to its fundamental libertarian principles, why would nearly all of their nominees to Cato's board be Koch employees, consultants, and outside counsel who have never supported the Institute, never attended its events, never been interested in its governance, and never distinguished themselves as advocates for libertarianism?
Indeed, why did the Kochs appoint Koch Foundation vice president Kevin Gentry, a prominent official with the Virginia Republican Party, or Koch Industries spokesperson Nancy Pfotenhauer, who served with the McCain campaign and has defended, among other things, the military's "don't-ask-don't tell" policy and the war in Iraq? Why did the Kochs nominate Tony Woodlief, who has described libertarianism as "a flawed and failed religion posing as a philosophy of governance"? Woodlief seems to like libertarians (and vice versa), but he's nonetheless written that "libertarians sound like absolute fools when they talk about foreign policy." Why did the Kochs nominate John Hinderaker, who sometimes describes himself as a neocon and believes "the original Patriot Act was entirely reasonable"?
Is that how the Kochs would ensure that Cato "continues its work on the full spectrum of libertarian issues"? What is it that Cato has done to convince Charles Koch that Cato's work on libertarian issues needs help from directors who are demonstrably not libertarians and would never have been nominated by Cato's then-current board?
Koch: "We proposed a standstill agreement to delay for one year or longer any discussion on the shareholders agreement."
Yes, the Kochs proposed a standstill agreement that Cato rejected because the status quo could not be maintained. Too many key people had learned of the looming problem. Several of Cato's largest donors had announced they would discontinue their donations until it became clear that the Kochs would not control Cato. A number of Cato benefactors said they would change their wills to eliminate Cato as a beneficiary if Koch dominance was an ongoing threat. Essential employees had expressed their intent to leave Cato unless the governance issue could be resolved in a timely manner. Cato's search for professional talent, including most particularly a successor to president Ed Crane, was frustrated by the obligation to disclose the impending shareholder conflict.
The purpose of the Kochs' disingenuous standstill proposal – confirmed in a meeting with me – was to "get past the election," after which the Kochs would be less anxious about alienating the army of Cato's libertarian loyalists. Put bluntly, a standstill would have jeopardized Cato's day-to-day operations while resolving nothing.
Koch: "We asked to delay any shareholders meeting, which would have left the pre-March 1 board of directors in place during this period."
The Institute's bylaws require an annual meeting of shareholders on the first business day of December. The shareholders unanimously agreed to postpone the meeting for a "reasonable period" to try to resolve the dispute over Cato's governance. After 90 days, during which the Kochs rejected a Cato proposal that addressed all their professed concerns (see more below), the meeting was rescheduled for March 1. Further delay would have been equivalent to the Kochs' standstill proposal, which they knew Cato could not accept.
To set the record straight, the shareholders meeting did not precipitate anything. It simply satisfied a legal requirement and, in the end, allowed the Kochs to add four directors to Cato's board. Cato and the Kochs could have continued their attempt to negotiate a settlement, reserving the right to take legal action should the negotiations prove fruitless. But one day before the meeting, the Kochs filed a lawsuit in Kansas (accompanied by a "Politico Exclusive") that exposed this dispute to intense scrutiny. It should have been obvious to the Kochs that filing the lawsuit would generate a public battle that would – no matter which party prevailed – harm the entire libertarian movement.
Koch: "We proposed third-party mediation … and alternative corporate structures."
More specifically, the Kochs proposed non-binding mediation – merely a timing tactic that would have meant protracted and unproductive talks between Cato and Koch representatives instructed to "get past the election" and otherwise make no concessions.
As for alternative structures, the Kochs proposed two eight-person boards, one selected by them and one selected by Cato's current board. After their initial selection, the two boards would function as one, but each of the two components would elect their own successors. In other words, the Kochs wanted to control not the three board seats they held at the time, but eight seats – an outcome even less acceptable to Cato than the standstill that had already been rejected. For more than a decade, Ed Crane had tried to persuade the Kochs to restructure the Institute's governance, thereby removing the threat to Cato's autonomy that 50 percent Koch control entailed. The Kochs' "alternative" was another version of the same unsustainable 50/50 scheme.
The only real alternative was proposed by Cato: Abandon the shareholder structure and implement a member-elected board with the directors themselves serving as members – a governance arrangement favored by the Internal Revenue Service and practiced by most non-profits (including Cato for more than 30 years). In return, the Kochs would be assured that their key stated objective – preserving original donor intent – would be satisfied. Charles and David Koch would have veto power over any material change in the Institute's mission, sale of the Institute's assets, merger, or other combination. Moreover, Ed Crane agreed to an immediate search for his successor; and the Kochs would have veto power over the person selected.
Revealingly, Crane's offer to leave wasn't enough for the Kochs; they demanded control of the Institute's board in addition to its president. That point bears emphasizing: However much it might serve the Kochs' interests to portray this dispute as a personality clash between two men, the facts do not support that narrative. In a bid to save the Institute and its mission, Ed Crane offered to retire in an expedited fashion in exchange for undoing the shareholder arrangement. Although Cato rejected the Kochs' untenable demand that Crane's successor be installed within eight weeks, this fight has never been about Crane's position at Cato. It has always been about the efficacy of the Institute as an independent advocate for personal freedom and limited government.
Koch: "Every counterproposal we received required we forfeit our shareholder rights…. [A] new shareholder was to be recognized in violation of our long-standing written agreement and the Institute's bylaws and articles of incorporation."
The threshold legal question in the lawsuit filed by the Kochs against Cato and its other two shareholders is how to interpret the murky provisions of an agreement signed more than three decades ago. The Kochs portray this dispute as a denial of their property rights. They ask how libertarians could fail to honor contractual commitments – as if the existence of the contract requires Cato to embrace Charles Koch's interpretation of its terms.
Prior to the October 2011 death of Cato's former chairman, William Niskanen, the Kochs controlled 50 percent of Cato's stock. Today, the Kochs claim they control 67 percent because Niskanen's shares must either be purchased by Cato or by its remaining shareholders. But the agreement signed by the shareholders provides that Cato may elect not to purchase the shares. Furthermore, the shares need not be offered to the other shareholders unless Cato's board deems that a purchase by Cato would have been "inconsistent with its corporate purposes." Otherwise, the shares can be transferred to Niskanen's widow, Kathryn Washburn, in accordance with his last will and testament. Recognition of Ms. Washburn as a "new shareholder" would be wholly consistent with Cato's bylaws and articles.
Cato's position is correct: The Kochs control 50 but not 67 percent of the stock. Ultimately, however, the courts will resolve that issue. It is not the crucial issue. Rather, the crucial question is whether Cato can survive if its donors, employees, and the public policy community perceive that the Kochs have elected a pivotal number of the Institute's directors – whether 50 percent or 67 percent – who would be responsive to Koch political and corporate demands.
Koch: "We want to ensure Cato remains consistent with the principles upon which it was founded."
The best way to ensure Cato's consistency with libertarian principles is to restore board, not shareholder, governance. Organizations such as the Ford and MacArthur foundations were led astray when apostate directors took control over large endowments. Significantly, Cato is not endowed and must raise all of its operating funds on an annual basis. Charles Koch provided seed money, but not an endowment that directors could expropriate.
As long as Cato's board was self-perpetuating, it stayed rigorously on its libertarian course. Only now, with directors chosen by four shareholders in or approaching their 70s, who have uncertain mortalities and differing governance perspectives, has the course of the Institute become volatile and unpredictable. That's proven by recent board elections, in which Charles and David Koch replaced committed libertarians with acknowledged non-libertarians. Those changes have not been "consistent with the principles upon which [Cato] was founded." Who knows what could transpire when the remaining shareholders pass on?
The Kochs have repeatedly cast this dispute, not as a battle for control, but an effort to guard against ideological drift and preserve "donor intent." In an email message sent by the Koch Foundation to its alumni network, recipients were told that Charles and David Koch, "as active donors contributing tens of millions to Cato … feel the shareholder structure is important to preserve donor intent."
Original donor intent is one factor to be recognized. But over the past 35 years, the Kochs have provided roughly nine percent of the Institute's cumulative budget. More recently, it's been four percent. Currently, it's zero percent. The Cato directors replaced by Koch nominees have contributed nearly as much as Charles and David Koch and their allied foundations combined. Yet Charles Koch insists that the original donor's intent is all that matters. What about the intent of the donors who now fund 100 percent of Cato's operations?
In a normal business environment, with no endowment and ongoing capital requirements, the founders' ownership position would be significantly diluted unless they continued to provide all of the funding. In this instance, not only do the Kochs not provide all of the funding, they do not provide any of the funding. The Kochs, who believe in market-oriented principles, would never finance a for-profit organization that gives total control to a few original donors who now contribute nothing and no control to current donors who now contribute everything.
Koch: "There is a great deal of speculation as to what direction we would take Cato if we were to be in a position to elect a majority of the board."
Perhaps there is "a great deal of speculation," but there need not be. David Koch and chief Koch lieutenant Rich Fink expressly announced their intentions at a meeting with me in November. The Kochs want Cato's work to be more closely coordinated with Koch-allied groups such as Americans for Prosperity, a 501(c)(4) grassroots activist organization committed to free markets and limited government. Cato would become the source of "intellectual ammunition" for AFP – through position papers, a media presence, and speakers on hot-button issues. That might strike some libertarians as puzzling. After all, AFP already has a sister 501(c)(3) organization, the AFP Foundation. And Koch financial resources, which have not been directed toward Cato, are surely available to generate the intellectual ammunition that AFP wants – without compromising the integrity of the Cato Institute, which cannot take its marching orders from the Kochs or any of their affiliates.
Equally puzzling, Cato and AFP both declare their devotion to free markets and limited government. Why, then, would Cato's current efforts not yield the kind of intellectual ammunition that could be used by AFP and others? When I asked David Koch and Rich Fink that question explicitly, they had no direct answer. The clear implication was, they wanted to be in the driver's seat – not just with respect to Cato's philosophic base, with which the Kochs had no disagreement, but also with respect to issue choice, timing, and even geographic focus. Of course, that is precisely the sort of coordination and direction that would gravely undermine Cato's independence and decimate the Institute in its role as a source of intellectual ammunition for the public policy community at large.
Koch: "These officers and board members would act independently from me."
Again, that's an assertion we are supposed to take on faith. But Koch-backed appointees to Cato's board now include the three largest shareholders of Koch Industries, a vice president at the Charles Koch Foundation, an authorized spokesperson for Koch Industries, and a distinguished Republican lawyer who represents and publicly speaks for Koch Industries.
Moreover, it is necessary but not sufficient for officers and board members to act independently of whoever controls an organization such as Cato. Just as important, the officers and board members must be viewed by outsiders as separate, scrupulously autonomous, and self-governing. Because of the Kochs' vast corporate interests and their well-publicized engagement in electoral politics, Cato simply cannot be viewed as free of Koch influence if the Kochs elect the board of directors.
The Kochs point to the Mercatus Center and its sister organization, the Institute for Humane Studies, as examples of 501(c)(3) entities untainted by their close connection to Charles Koch, David Koch, and Rich Fink. But Mercatus is not Cato. It's a university-based academic research center, led by a faculty director appointed by the provost of George Mason University, staffed primarily by GMU scholars, focused on domestic economic and regulatory issues, and, accordingly, much better insulated from outside control than Cato would be under the arrangement that the Kochs seek to implement. Moreover, Cato's agenda is far broader than Mercatus's, comprising not only domestic economic policy, but also foreign affairs, national defense, social issues, global freedom, constitutional questions, civil liberties, criminal justice, libertarian theory, and other areas.
Similarly, the Institute for Humane Studies, which also operates under a George Mason University umbrella, is devoted to the development of talented and productive students and scholars. While IHS shares Cato's commitment to liberty, it is not immersed in ongoing public policy debates. And neither IHS nor Mercatus has shareholders who elect the organization's board of directors.
Koch: "With its emphasis on education, Cato has contributed greatly to the marketplace of ideas and is now a respected thought leader."
We couldn't agree more. The testimonials to Cato's effectiveness from independent parties on the political Left, Right, and Center who have followed the Koch lawsuit affirm Charles Koch's public acknowledgment of our success. But why, then, have the Kochs insisted on precipitously replacing Cato president Ed Crane and ousting key members of the Institute's board of directors who have contributed to that success? What is the rationale for a new leadership team and a new direction for our institute? We have repeatedly asked the Kochs and their representatives those very questions and have never received a straightforward answer, in private or in public.
Here is the bottom line: Cato cannot function as an independent voice for liberty if it is thought to be under the thumb of Charles Koch or Rich Fink – indeed, literally owned by the Koch family. Nor, if the lawsuit succeeds, will Cato be considered a reputable and credible source of "intellectual ammunition" by anyone outside the small circle of already committed libertarians. Instead, the Kochs will control a shell think-tank that can be dismissed out of hand as a front for Koch Industries. That's the clear consensus of nearly everyone who has seen this lamentable and unwelcome dispute unfold.
Nothing good can come of this – not for Cato, not for the Kochs, and not for the libertarian movement. It's time to restore common sense and adopt a governance structure for Cato that eliminates the prospect of Koch control.
Cato's Doublespeak on the Niskanen Estate's Duties
The lawyers are already hard at work, I can tell. Here's what the Cato Institute's website said on Friday regarding its legal position against the Koch lawsuit:
Cato acknowledges that, at some point, Niskanen's stock must be tendered to the Institute. But the Agreement specifies that Cato need not purchase the offered stock. If the board elects not to purchase, the stock is then offered to the remaining stockholders, but only if the board deems that a purchase by Cato would have been "inconsistent with its corporate purposes." In other words, if the board declines to purchase the stock for some other reason — e.g., to honor Niskanen's wishes as expressed in his will — the stock does not have to be offered to the remaining stockholders and may be transferred pursuant to Niskanen's last will and testament. (italics added)
And here's what the website says this morning:
The Agreement could be construed to require that at some point, the Estate's stock must be tendered to the Institute for possible purchase. However, the Agreement does not require that Cato purchase the offered stock. Further the Agreement does not provide that the stock must be offered to the other stockholders unless Cato deems that a purchase by Cato would be "inconsistent with its corporate purposes." (italics added)
So in the course of roughly 72 hours, Cato went from "acknowledging" there would come a point when the stock must be offered for sale back to the corporation to saying that the agreement "could be construed" that way. I'm sure the Koch lawyers will have fun with that.
I'd also point out here that the Cato Institute is presuming to speak here about the legal obligations of the Estate of William Niskanen, which Cato has no legal relationship with, except as a beneficiary of Niskanen's will. Kathryn Washburn is the sole personal representative for the estate. And as far as I can tell from the Kansas court records, the estate has not entered an appearance; the only defense counsel of record are lawyers for the Cato Institute. I don't know if Washburn intends to retain separate counsel, but until she clarifies matters, we should be careful not to confuse Cato's representation of the estate's duties with the estate's representation.
Mises Economics Blog, 2003–2012
Peter Klein announced today that the Mises Economics Blog has closed after almost nine years. I wrote on-and-off for the Mises Blog from 2004–2011, with my final post last July. A Twitter correspondent tells me I had the third-most posts at the blog—631—trailing only Jeffrey Tucker and Stephan Kinsella.
I suppose the Blog's demise was inevitable after Tucker left Mises last year to assume the helm of Laissez Faire Books. And as Klein wrote, the "group blog" may have outlived its usefulness in a world dominated by more diversified social media. Klein said a new, smaller blog, The Circle Bastiat, would continue at the Mises website. I wish them well.
Ebook Now Available
I've compiled the last week-plus of Koch vs. Cato posts, including the bibliography, into a convenient e-book that's available as an ePub or Amazon Kindle download.
Cato Shares and "Fair Market Value"
A commenter at Volokh Conspiracy raises an interesting question:
The primary problem with not splitting the [Niskanen] shares 1/3-1/3-1/3 (and probably would be partial ownership of the last share), would be deciding on the valuation of the shares. The question would be are those actually worth only $1 each (just because they were bought at that price doesn't mean that is their value)? Or as they are controlling an organization with a total net worth of over $50 million, are they worth $800,000 each share. My guess is if Kathryn [Washburn] decides $1 year, the Kochs will dispute that.
The Estate of William Niskanen remains open before the Register of Wills in the District of Columbia, where Niskanen and his wife, Kathryn Washburn, resided. The estate is considered "unsupervised," which means Washburn does not have to file a formal inventory or accounting with the probate court, just with the interested parties to the estate (e.g., the beneficiaries named in the will). Nonetheless, Washburn must adhere to following DC probate law with respect to valuing any estate assets:
If the administration is unsupervised, the personal representative, if not a special administrator or a successor to another representative who has previously discharged this duty, shall, within 3 months after appointment, prepare and deliver or mail to each interested person an inventory of property owned by the decedent at the time of death, listing each item of such property with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any encumbrance that may exist with reference to any item. (italics added)
So what is the "fair market value"? If we were talking about a publicly traded security, say shares of Apple, the general rule is that "fair market value" is the average (mean) of the reported highest and lowest sale prices for the day of the decedent's death. But shares of a close corporation are not publicly traded. IRS regulations, which separately define the "fair market value" of a decedent's assets for estate and gift tax purposes, offers this vague guidance:
In valuing the stock of closely held corporations, or the stock of corporations where market quotations are not available, all other available financial data, as well as all relevant factors affecting the fair market value must be considered for estate tax and gift tax purposes. No general formula may be given that is applicable to the many different valuation situations arising in the valuation of such stock. However, the general approach, methods, and factors which must be considered in valuing such securities are outlined.
However, if we're talking about shares that are restricted by a buy-sell or shareholders agreement, as is the case here, then the IRS has more concrete thoughts regarding "fair market value":
Frequently, in the valuation of closely held stock for estate and gift tax purposes, it will be found that the stock is subject to an agreement restricting its sale or transfer. Where shares of stock were acquired by a decedent subject to an option reserved by the issuing corporation to repurchase at a certain price, the option price is usually accepted as the fair market value for estate tax purposes. … Where the option, or buy and sell agreement, is the result of voluntary action by the stockholders and is binding during the life as well as at the death of the stockholders, such agreement may or may not, depending upon the circumstances of each case, fix the value for estate tax purposes. However, such agreement is a factor to be considered, with other relevant factors, in determining fair market value.
The "option price" of the Cato shares, under the shareholders agreement, is $1.00, or $16.00 for all Niskanen-held shares. Based on the IRS guidelines, I'd say that's probably the "fair market value" of the shares. The other "relevant factors" cited by the IRS are largely inapplicable to a nonprofit like Cato. Those factors include dividend-paying capacity—Cato can't pay any dividends under its articles of incorporation; the market price of stocks for similar businesses, of which there are none; and earning capacity—again, Cato has no earnings as such.
I'd also note that contrary to the Volokh commenter's point, it's probably not in the Kochs interest to challenge the value of the shares. It's irrelevant to their lawsuit, which seeks only declaratory, not monetary, relief based on the terms of the shareholders agreement. The only parties this is relevant to are Washburn, as personal representative and a beneficiary of the will, and the other named legatees, Cato and the Institute for Justice, since all three must receive equal "in-kind" distributions from the residue of the estate. And, of course, it's relevant for estate tax purposes. (Based on my understanding of the value of Niskanen's estate, there won't be any federal estate tax owed, but there could be DC estate tax liability.)
Common Cause Files IRS Complaint Against Cato
The group Common Cause sent a letter to the Internal Revenue Service today asking for an "investigation into whether attempts by Charles G. Koch and David H. Koch, shareholders of the Cato Institute, to take control of and manipulate the Cato Institute for partisan political purposes expose a flaw in the Cato Institute's structure that jeopardize its tax exempt status."
There's no new information in the letter. Rather, Common Cause cited an earlier Chronicle of Philanthropy article that quoted a single ex-IRS employee, Marcus Owens, who questioned whether the shareholder structure itself ran afoul of federal law. I previously addressed Owens' arguments and found them unconvincing. Beyond that, Common Cause cited Cato's own statements about the Kochs' partisan intent, particularly chairman Robert Levy's account of a November meeting with the Kochs.
Common Cause is well-known for its support of campaign finance restrictions, which Cato and the Kochs strongly oppose. Another pro-campaign finance restriction group, United Republic, is planning a rally in support of Cato management next Tuesday.
The only real takeaway from the Common Cause letter is that Cato management's public relations strategy could prove more harmful than the Kochs' lawsuit. In their zeal to discredit the Kochs' efforts as a "hostile takeover" motivated by a partisan agenda, Levy and Ed Crane have opened the door for groups like Common Cause to come in and attack Cato's tax exempt status.
Cato itself addressed the governance-tax status issue today on its "Save Cato" website:
Finally, with respect to the Institute's governance structure: A stockholder arrangement for a nonprofit corporation is unusual, but not impermissible. That type of structure is clearly allowed under Kansas and federal law. Moreover, the Institute has disclosed its structure on its Form 990, filed annually with the Internal Revenue Service. Stockholders of a nonprofit can elect the board of directors, but stockholders do not have a property right in corporate assets or a financial interest in donations. An alternate and more typical nonprofit structure — control by "members" — involves designating individuals as members whose function is to elect the board. In many nonprofits, the members are the directors themselves. Thus the board, in effect, is self-perpetuating. But nothing would preclude the members from being other persons, including the same persons who are currently the Institute's stockholders. In other words, the designation as a "member" or "stockholder" of a nonprofit is not material. There are no "owners" — just persons who elect the board.


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Gallery: Metropolitan Green: Solar Panel Clad Building Brings Bright Po...
For constructing the building, Helder used the most sustainable materials for every element, from the foundation to the roof. The building's most striking feature is the solar panel-clad facade. Normally, solar arrays need to be placed at an angle to be the most effective, but due to Metropolitan Green's location and small footprint, Helder decided to put the panels on the south-facing facade.
The ground floor of Metropolitan Green acts as a pop-up gallery for rotating designers, and two rental duplexes occupy the top four floors. Helder created a sky-lit basement studio for himself. Resident artists work with Helder and art director Angela Silva in promoting and retailing their projects.
The building has a passive heating and cooling system, and the high mass walls and floors naturally regulate temperature year round. The building has a radiant-floor heating system that works in tandem with the energy-saving ventilation system. Large, south-facing windows allow for ample daylight. A shared rooftop deck helps with regulating the temperature of the building.
The building is located close to the Brooklyn-Queens Expressway, a factor that could deter some from the space, but low-e windows were installed on the highway-facing side of the building to mitigate noise. In regards to air quality, outside air is filtered through MERV 16 filters before circulating in the house, ensuring that the air is some of the cleanest in the city.
All of the flooring and cabinets are made with rapidly renewable materials and no VOC paints were used throughout the building. The appliances and lighting are all Energy Star rated. Helder is still in the midst of LEED paperwork, but the building is on track to receive a Platinum rating.
Metropolitan Green not only offers a talented team of creative professionals for artists to work with, but it also boasts one of the most gorgeous live-work spaces an artist could ask for. From the beautiful daylit gallery and sustainable features to the spacious duplexes and private rear decks, the building is the ideal environment for artistic, eco-conscious types to thrive.
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3-1/2 Season Vegetable Garden: Extending the Garden Season in Colorado
Rocky Mountain Gardening Elective
This class will help you to develop your skills in succession planting and extending the growing season to get 11-12 months from your vegetable garden. Learn the importance of plant family names and how to group them successfully and rotate them, cool and warm season crops and when and if you can replant for another season of certain crops. We will also cover techniques and materials to extend the season successfully so you can plant early in spring and keep certain crops going until late fall and into winter.
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Registered Nurse Barbie® Doll
Celebrate classic Barbie® careers through the decades! One cherished Barbie® career fashion is 1961's Registered Nurse from the 900 series. Classic white uniform and red lined, short navy cape are accessorized with a black trimmed white nurse's cap and white heels. This meticulous re-creation of the original comes with nursing accouterments.
For the adult collector.
Production doll may vary from the photo shown above. Mattel reserves the right to modify the fashion/fabrics, sculpt, hair color/style, and accessories. Doll cannot stand alone as shown.


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When Britney came to the ASPCA through the Humane Law Enforcement department, she was in pain and suffering from multiple untreated conditions.
Fortunately, the veterinary staff at the ASPCA's Bergh Memorial Animal Hospital was able to nurse Britney back to health, and eventually she became available for adoption; we could finally find a home for this sweet dog who had suffered so much.
We knew it would be a challenge.
Statistically speaking, animals who are black, large or senior, as well as those who take medication or can't live with other animals, usually spend more time waiting for homes. Britney was all of these things, and to make matters worse, she didn't engage much with adopters who passed her habitat, preferring to rest quietly.
Still, we knew that the right person would come for Britney, and to speed things along, we spread the word about this special canine. After seeing Britney's picture and reading about her, Kevin Bechard tells us, "I wanted to snatch her right up."
A few days later Bechard was going above and beyond to help Britney settle in to her new home in suburban Connecticut.
"The first couple nights I actually slept on the floor with her because she can't do stairs, and she would just reach out with her paw and make sure it was against me," he recalls. "Only then she would allow herself to go to sleep. If I moved away a little bit, her eyes would open."
The love and comfort of a forever home has revived Britney, who has blossomed into a trusting and happy pup: Bechard reports that at his house Britney loves romping outdoors and goes on multiple nature walks a day.
In return, Bechard has gained a new best friend who, he says, never required house-training or manners instruction, thanks to her age. "I wish more people would consider older dogs," Bechard says. "I was open to anything, but I was so pleasantly surprised."
Kevin, that is wonderful! I have no doubt that both you and Britney will feel like just the luckiest person/fur-person for the rest of her fabulous life!
I love older dogs too. I adopted a dog named Sable with medical conditions and takes medication twice a day. She is so loving and always wants to be close to me. I think adopting an older dog is great. She's house trained with great manners and you can truly se they appreciate their new home!
My husband and I love "older dogs".....We like to give them a comfy retirement ....;0)
When I saw Britney at the ASPCA when I visited, she was sad and withdrawn. She could barely lift her head (or had no interest in lifting her head) off the blanket. Now here is Britney's new photo and just look at her!!!!! Head held high with pride, outdoors amongst the grass and trees and fresh air that she seems to be relishing. She looks like a brand new doggie - content, loved, flourishing. Kevin, you are a good man and Britney is a great dog. Your story with Britney is inspiring and revelatory and moving.
Sun. - Sept 30th, 12, 13:25 Hrs. M.D.T.
Hi Everyone,
These Stories are Touching and so Valueable.
The Carpenters in the Early 70s had a Song -
"Bless the Beasts and the Children".
Its My Views that the "Great One" Will ALWAYS
Bless Those that Give His "Furry Associates"
the "LOVING HOMES" They so Rightfully Deserve
and Those Blessings Go Both Ways to Those That
Love Their Furry Associates and the Blessings
Their Furry Associates Give Back.
My Those Who Adopt Cats or Dogs B Truly Blessed
By the Great One Above.
The first hurdle in adopting older pets is knowing that -- in general -- you'll lose them sooner than younger ones. But when I lost a young DoberBoy (just 2 years old) to a very aggressive bone cancer, I understood that there are really no guarantees. I couldn't delay my grief by choosing a younger dog.
I have a physical disability that prevents me from handling very young dogs with lots of energy. So a more mellow, older adult dog is usually perfect for me.
Cheers to everyone who adopts an older companion animal!
It warms a persons soul to know there is kind gentle people who care.
Way to go in adopting her!!!!!!! You're a good man!!!!! Older dogs/cats are just as good as the younger ones, time may be short but the relationship will be awesome & rewarding for both animal & owner. Love, love this story!!!!!!!! Now I gotta find the hankies!!!!
God bless you, Kevin...it warms my heart every time I hear about kind, loving people such as yourself. Britney is a very lucky little girl, and I know she has blessed your life as well. May God be with both of you forever.
I also adopted a beautiful senior Cocker Spaniel who had been severely abused and neglected. My family enjoyed every day we had with him. It was an honor to be able to finally provide a forever home for Joe. I wish you much happiness together. You are a very kind person!


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Houston CountyCourt Administration306 South Marshall, Suite 2100Caledonia, MN 55921-1324
General Information
The Houston County Courthouse is located at 306 South Marshall, Suite 2100 in downtown Caledonia. Public parking is available in the lot on the north side of the courthouse, as well as on the street.
Click here for Driving Directions:
The Court Administrator's Office is open from 8:00 a.m. to 4:30 p.m., Monday - Friday. The county observes the following holidays: New Year's Day; Martin Luther King, Jr Day; President's Day; Good Friday; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day and the day after; and Christmas Day. Limited English Proficiency Plans
Houston County Court Administration Phone Numbers
Phone Numbers for Other Houston County Agencies


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Calling All Parents! Take a Night Off from the Kids with SAAC's "Parents Night Out" on Tuesday Night
November 19, 2009
MISENHEIMER, N.C. Pfeiffer Universitys Student-Athlete-Advisory-Committee (SAAC) understands the rush and crunch of the upcoming holiday season and want to give parents a break. Parents are invited to sign their kids up for Parents Night Out
on Tuesday night, November 24th in conjunction with the mens and womens basketball games against Lees-McRae.
Throughout Tuesday night, kids will be spending a fun and safe time with Pfeiffers student-athletes (members of SAAC) playing games, eating pizza and watching the mens basketball game against the Bobcats together, while the parents have a night out to themselves! Kids will even have a chance for autographs after the game!
The event will run from 6:00 p.m.-9:00 p.m. in the Merner Gym and is open to area kids ages 5-16. The best part of all, the cost is just $10 per child as all proceeds will go directly to the Make-a-Wish Foundation. Registration is open now and will remain open at the door on Tuesday night. For more information or to sign your child up, contact Micki Thompson (email@example.com) by e-mail or phone at 704-463-3221.


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War artifacts become Marine Corps Museum treasure
Kathy Stewart, WTOP
Jump to main content.
Saturday - 2/23/2013, 10:24pm EST
Kathy Stewart, WTOP
Kathy Stewart, wtop.com
TRIANGLE, Va. - Chris Cardona wanted to learn more about his grandfather's World War II uniform. So he sought help from the artifact whisperers.
Cardona attended the fifth annual Artifact Roadshow at the National Museum of the Marine Corps near Quantico. Museum officials compare it to the PBS program "Antiques Roadshow" except all of the items brought to the museum's show were military-related.
The museum provided experts to examine objects and give owners insights as to what it was, where it came from and how to preserve it.
Cardona, a Marine who lives in Stafford, is an amateur historian and collects uniforms, including his grandfather's Marine uniform.
"His picture is actually here in the museum in the World War II section," Cardona says of his grandfather. "This gentleman is giving me ideas about how to preserve and keep everything together and put notes in the pockets (of the uniforms). What to do and not to do to preserve my family's history."
He sought help from Owen Conner, the museum's curator of uniforms and heraldry, which refers to the medals, flags and personal equipment a Marine carries.
"The idea of doing the road show was to help the public learn more about their families' items," Conner says.
In addition to helping the public, the museum hopes to preserve Marine Corps history, Conner says.
Head curator Bob Sullivan says during past roadshows, visitors brought family heirlooms including a beaded purse that was made by Geronimo's daughter or granddaughter.
Follow @WTOP on Twitter.


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BEST: It is odd that Amber Rose would wear a long gown to the ESPY's, but wear a miniscule and inappropriate dress to more glam affairs, but we aren't complaining, because the model looked gorgeous in her lemon yellow chiffon Natalia Romano dress.
BEST: Ashley Greene is quickly becoming a little vixen on the red carpet. The Eclipse star added some heat to the carpet in this high-necked, sleeveless Versace Fall 2010 dress, which featured an asymmetrical hemline. We weren't too crazy about the addition of studded Brian Atwood heels, as something more open-toed wouldn't been better for the fun and flirty summer event, but her Padma by Padma Lakshmi cuff was fab.
WORST: We loved Danica Patrick's bright blue strapless mini, but the ravishing racecar driver should have taken more time to thing about her hair and makeup situation.
WORST: While everyone else looked super sexy in short frocks, Lindsay Vonn went for an overly mature look. You are young Lindsay, enjoy it while you can!
BEST: We love how Andy Samberg added a little pop to his red carpet getup, with the addition of white oxfords.
WORST: Dana Torres was dressed for a pool party, not the red carpet!
BEST: Emmanuelle Chriqui showed off her bombshell bod in a sheer paneled leather mini from the BCBG Max Azria collection. The Entourage star paired the sexy number with metallic Brian Atwood peep-toes and a Jimmy Choo clutch.
BEST: Erin Andrews showed off her bangin' bod in an embellished one-shouldered bandage mini.
BEST: Hannah Cornett looked super summery in a gorgeously patterned, high-slit halter dress.
BEST: Noureen DeWulf showed off her assets in an impeccably beaded frock, pairing the cap-sleeved mini with nude Christian Louboutin peep-toes.
BEST: Shaun Robinson shimmered in a silver mini.
WORST: We just didn't get Holly Robinson Peete's tiered strapless. It fails to flatter her figure in every way possible, and there is way too much bling going on!
BEST: Kendra Wilkinson rocked a one-shouldered black frock, which featured a tad of embellishment.
BEST: Mark Wahlberg looked sophisticated in a plaid suit.
WORST: Men should never shimmer, Shaun White.
BEST: Marisa Miller showed off her sexy bod in an Alexander Wang draped dress, which featured clear plastic straps.
BEST: If Brooklyn Decker modeled a Herve Leger bandage every day, we wouldn't complain! The sizzling Sports Illustrated model paired her carnation pink mini with nude heels and a gold clutch for a flawless look.
BEST: Marisa Miller showed off her sexy bod in an Alexander Wang draped dress, which featured clear plastic straps.
WORST: Samuel L Jackson sported an interesting blazer with black slacks and plaid kicks.
BEST: Quinton Aaron looked dapper in a pin-striped suit.
BEST: Cheryl Burke shimmered in a sweetheart strapless mini, which she paired with glittery platforms.
BEST: Talk about growing up fast! Zac Efron seems to have gone from teen heartthrob to leading man chic overnight!
WORST: What can we say? We aren't fans of Whitney's exes attire.
BEST: Jill Wagner look super fab in a color-happy patterned mini, which she paired with edgy heels.
BEST: The man who dares to wear all white with snakeskin loafers, is all right in our book. We loved Alan Thicke's summery look.
BEST: Tichina Arnold rocked a unique, embroidered strapless mini with towering platforms.
RED CARPET RADAR: Best And Worst Of The ESPY Awards


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In the six weeks since the Mojo tour kicked off at Red Rocks, we've seen some pretty gutsy feats, both on and off the stage. The band, the crew, the bus drivers, truckers and the opening acts have all been fantastic - but nothing tops the courageous performance delivered by Mike Campbell in sweltering-hot St. Louis on Sunday night.
Mike played his heart out as usual, but after suffering from heat exhaustion that forced him to leave the stage late in the set for a ten-minute break, he returned with Tom and the band for a courageous three-song encore of "Refugee," "Runnin' Down A Dream" and "American Girl." The roar from the appreciative amphitheater was deafening.
Next up: Blossom Music Center! Come out and see us in Cleveland and check back for more photos, videos and recaps from the tour!


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Cosmopolitan Magazine
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Popular regular features in the magazine each month include: "Things to Do This Month," a fun compilation of music to listen to, books to read, styles to try, and more; "Confessions," where readers reveal their most embarrassing moments; "Fun, Fearless...Fail!," where the magazine rates the latest trends; "Fun, Fearless Shopping," an expansive look at the hottest fashion trends and how to make them work for you; "Fun, Fearless Beauty," advice, must-haves, and before and after photos for inspiration; "Fun, Fearless Work," which tackles career questions; and "Fun, Fearless Females," a feature about everyday women who are making a difference. Each year, Cosmo awards the Fun, Fearless Male and Female of the Year to a celebrity.
Women interested in fashion, beauty, and relationships would enjoy a subscription to Cosmopolitan magazine!
Automatic Renewal Service: For your convenience, this publication is part of the Automatic Renewal Service. You will receive all the benefits of our automatic renewal program. 100% Satisfaction Guarantee - cancel at any time!
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This magazine is the best magazine I have ever subscribed to.It gives me a lot of information about sex, fashion and beauty that is interesting to me. I have been reading Cosmo since I was 20 yrs old and I am 62 now.I am a man and love this magazine; it is better than any men's magazine I have looked at.Cosmo is very good reading.
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Cosmopolitan magazine has changed so much from what it used to be. Caution: It is now geared towards 18-22 yr olds. The content is pretty silly and gets very repetitive. I shouldn't have gotten a subscription and just picked it up at the store every few months.
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I forgot how unoriginal & repetitive Cosmo really is. I used to subscribe to them but canceled after a few years because I got tired of reading the same advice & content issue after issue. I decided to give them another chance but am sorry that I did. I'm sure it's really difficult to come up with something new & fresh in every issue but come on...I feel like I'm just reading the same boring stuff I used to read years ago. Also, I think they should include more articles about men written by men because women really don't know exactly how guys think; they just think they do & as a result, they offer bad advice.
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Cosmopolitan Magazine Subscription Review
Hi. I'm TV/Radio host Patricia Lopez here to tell you a little bit about how Cosmopolitan magazine has fit into my life over the years.
Every issue of Cosmopolitan is jammed packed with the hottest fashion trends, latest beauty tricks and helpful tips to spice up your relationship. I feel like the main focus for Cosmo is to deliver up-to-date, fun content women really want to read. And Cosmo delivers juicy articles on juicy topics every time!
If fashion, dating or beauty is not your thing Cosmo also offers great articles on bettering your career, staying fit, eating healthy and in-depth features on cultural issues, domestic violence and much more. This magazine really has something for everyone even men, who secretly read Cosmo for the relationship tips and advice. I've heard lots of men say this is one resource where they learned a thing or to about how to keep a woman happy!
One of my favorite features to read each month are the confessions. Women and men share their most embarrassing moments and shocking secrets. I can't put the magazine down once I start reading them, they are hilarious! I'm just glad I've never had a personal experience worth writing about….well, at least not one that I care to share in public.
One warning I will give any new Cosmo reader; you may not want to leave this magazine sitting on the coffee table if your grandmother is visiting. The cover taglines can be quite uncensored at times, which may bring on all shades of red to your face.
With the current Cosmo subscription deals at Magazines.com there's no better way to get your fix of great fashion, health, celebrity and relationship news every month.
Thanks for visiting Magazines.com.


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Provost & Academic Affairs
Meet Our Faculty
Traditional Undergraduate Programs
The Oglethorpe Core
Adult Degree Programs
Financial Planner Program
Non-Credit Language Courses
Academic Success Center
Oglethorpe Undergraduate Bulletin
Certified Financial Planner™ Program
The First Step to Becoming a Certified Financial Planner™ Starts Here at Oglethorpe University in Atlanta!
100% Pass Rate on the CFP® Certification Examination:
July 2014 and November 2013
Oglethorpe's next cohort begins Tuesday, June 16th!
Upcoming Information Sessions:
After registration, prospective students will be emailed with a confirmation - click here for campus map.
Oglethorpe University's CFP® certification education program provides students with the knowledge needed to meet the educational requirements of the Certified Financial Planner Board of Standards Inc. (CFP Board). It also provides existing and future financial professionals with the skills necessary to provide competent, ethical and comprehensive personal financial planning services. Students include existing financial service professionals, CPAs and attorneys who wish to supplement their existing knowledge and skills, as well as, individuals who are interested in changing careers or are seeking personal wealth management education.
The Financial Planner Program at Oglethorpe University offers a schedule that will allow students to complete their studies in approximately 16 months. During the 16 month period our instructors (who are active members of Atlanta's financial services community), will cover the eight major Job Task Domains in seven course modules: Fundamentals of Financial Planning, Tax Planning, Insurance, Investments, Retirement, Estate Planning, and Financial Plan Development (Capstone). Following successful completion of all courses, students are eligible to apply and sit for the CFP Board Exam. The CFP Board Exams are offered in March, July, and November of each year; our program's schedule is designed to allow for enough time for a review course before taking the exam.
For more information or questions, please call or email the Program Office:
Office Telephone: 404.364.8376
Office email: email@example.com
Depending on the review course, students who complete this program may be eligible to receive a discount when enrolling in the review course of their choice for the CFP Board Exam.
For details, please contact Alan Ladd, Manager of the Financial Planner Program.
**Effective November 18, 2011, Challenge Candidates that did not previously sit for the CFP® Exam will be required to complete the Financial Plan Development course (capstone) in order to sit for the CFP® Exam. Oglethorpe University's Financial Planner Program offers solutions for these individuals.
CFP Board Education Requirement for Challenge Status
CFP®, Certified Financial Planner™, and marks are certified marks owned by Certified Financial Planner Board of Standards, Inc. These marks are awarded to individuals who successfully complete CFP Board's initial and ongoing certification requirements. Oglethorpe University does not certify individuals to use the CFP®, Certified Financial Planner™ and certification marks. CFP® certification is granted only by Certified Financial Planner Board of Standards to those persons who, in addition to completing an educational requirement such as this CFP Board Registered Program, have met its ethics, experience and examination requirements.


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An abstract, hard-edge photograph originally created on instant film. The image was made using an analog process that sometimes creates very small imperfections. These are important elements in the artist's process and this reproduction is faithful to the original.
Joan Cuenco is a visual artist based in New York City. Drawing inspiration from everything from simple shapes to motorcycle racing, Cuenco captures her visions with Polaroid or film cameras. When she's not taking photographs, Cuenco enjoys collecting records, books, and vintage lighters, and taking road trips to unearth great antique finds.


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News from WTOP
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Mike Causey
Shows & Panels
Shows & Panels
- Agency of the Month
- Business of Government Hour
- The CFO Agenda: Delivering value from financial transparency and audit efforts in the public and private sector
- Cloud-Driven Data Insights in Government
- CXO Surveys
- Disaster Resilience for America
- Federal News Countdown
- Government Perspectives on Mobility and the Cloud
- Reducing Risk in the Cloud
- Reimagining the Next Generation of Government
Shows & Panels
- AFCEA Answers
- American Readiness: Renewable Power and Efficiency Technologies
- Ask the CIO
- The Business Case for Cloud Computing in Government
- Cloud-Driven Data Insights in Government
- Connecting the Dots: Digital Authentication in Government
- Cybersecurity Game Changer: Real-Time Event Processing in Government
- Data-Centric Approaches to Government in the Cloud
- Delivering the Digital Government Mission
- Federal Executive Forum
- Federal News Radio's National Cyber Security Awareness Month Special Panel Discussion
- Federal Tech Talk
- The Future of Government Data Centers
- Government Perspectives on Mobility and the Cloud
- Industrialized, Interoperable and Insight-driven Federal Health Panel
- Innovation and Tech Superiority through Acquisition Reform
- Mitigating Insider Threats in Virtual & Cloud Environments
- Moving Agency Applications to the Cloud with PaaS
- Reducing Risk in the Cloud
- Security in the Age of Targeted Attacks
- Air Traffic Management Transformation Report
- The Business of Cloud
- Cloud First Report
- Data Driven Cloud Series
- Disaster Resilience for America
- General Dynamics IT Enterprise Center
- Gov Cloud Minute
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- Homeland Security Cybersecurity Market Report
- The Intersection: Where Technology Meets Transformation
- Modern Mission Critical Series
- National Cybersecurity Awareness Month
- The New IP for Federal IT
- The Social Platform Solution for the Department of Veterans Affairs
- Technology Insights
- The Cyber Security Report
- The Next Generation Cyber Security Experts
Shows & Panels
- Cloud-Driven Data Insights in Government
- Disaster Resilience for America
- F-35 Lightning II Program
- Government Perspectives on Mobility and the Cloud
- On DoD
- Pentagon Solutions
- Reducing Risk in the Cloud
- Reimagining the Next Generation of Government
- Transforming Business Operations at the Defense Department
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Federal Drive
Monday - Friday, 6-9 a.m.
Host Tom Temin brings you the latest news affecting the federal community each weekday morning, featuring interviews with top government executives and contractors. Listen live from 6 to 9 a.m. or download archived interviews below.
Tuesday morning federal headlines - Jan. 29, 2013
Tuesday - 1/29/2013, 8:26am EST
The Morning Federal Newscast is a daily compilation of the stories you hear Federal Drive hosts Tom Temin and Emily Kopp discuss throughout the show each day. The Newscast is designed to give FederalNewsRadio.com users more information about the stories you hear on the air.
- Housing and Urban Development gets the biggest chunk of cash under the hurricane relief bill headed to President Obama's desk. The $50.5 billion package includes $16 billion for HUD community block grants. Another $11 billion goes to FEMA's disaster relief fund and $10 billion will help fix New Jersey and New York transit systems. Not all of the housing money is for Sandy victims. The bill provides money for disasters throughout the nation since 2011. President Obama said he'll sign the bill as soon as it reaches his desk. (Federal News Radio)
- One congressman has proposed making military TRICARE mental health practitioners available to veterans. Rep. Jeff Miller (R-Fla.) says that would speed up veterans' access to care. Miller, who is chairman of the House Committee on Veterans Affairs, says TRICARE would double the number of psychiatrists and psychologists available to veterans. The VA has committed to hiring another 1,900 mental health practitioners. In the meantime, VA's inspector general says some veterans have had to wait nearly two months for an evaluation. (Federal News Radio)
- Financial analysts at The Street have downgraded Lockheed Martin stock from buy to hold. The move comes even as the defense contractor says it will build on a solid 2012 with higher earnings this year. But The Street says the company is taking on higher debt management risk and is weak on operating cash flow. Lockheed is the government's number-one contractor. Company officials last week said they were looking for new opportunities abroad, given the uncertainty over the federal budget. The Wall Street Journal reports Lockheed is courting Asia and the Middle East. (Federal News Radio)
- Social Security Commissioner Michael Astrue told employees he's leaving next month when his six-year term expires. Astrue is the third longest-serving commissioner. He takes credit for reducing the time to get a disability hearing from 540 days to 360 days, and with establishing a brand new data center scheduled to go online next year. Astrue's career includes appointments at Health and Human Services and the Food and Drug Administration. He was associate counsel in the Reagan White House and ethics officer for George H. W. Bush. He also worked in the bio-technology industry in Massachusetts for 14 years. A published poet, Astrue is a three-time winner of the Sonnet Award. (SSA)
- The Office of Personnel Management is rearranging its offices to focus on long-term workforce needs. Associate Director of Employee Services Angela Bailey said a new division will forecast trends in federal employment, support interagency strategies to meet governmentwide HR goals and encourage innovation. OPM's human capital officers will stop acting as liaisons with specific agencies. Rather, they will work on pilot programs that test key initiatives. Bailey said that could include methods to close critical skills gaps and restructure the workforce. (CHCOC)
- The Veterans Affairs Department says it has improved the online benefits portal it runs with the Defense Department. Officials say veterans should have an easier time now using eBenefits to navigate the complex disability-claim process. They have modeled it on tax-preparation software with interview-style questions and drop-down menus. Veterans also can see the processing times for each phase of their application. The department is trying to build up eBenefits as it works on cutting its disability-claims backlog. Another new feature lets vets see the name of the service representative that can field questions about their claim. And there's a new link to Google Maps, so they can go in person. (Veterans Affairs)


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|The Suncoasters to Present the All Children's Hospital Parade and the Tampa Bay Rays Family Fun Zone at A Taste of Pinellas
The Suncoasters of St. Petersburg will present the All Children's Hospital Parade, sponsored by BB&T, on Saturday, May 21. Formerly known as the Festival of States Parade, the updated event begins at 11:30 a.m. on Bayshore Drive at the Mahaffey Theater and will travel north to the entrance of A Taste of Pinellas at Vinoy Park. This year, the parade will be part of A Taste of Pinellas weekend and will feature current and former patients of All Children's Hospital. Raymond, the loveable mascot of the Tampa Bay Rays, will also be on hand to serve as the grand marshal of the parade that will include clowns, krewes, antique cars and more.
Immediately following the parade, kids and families can enjoy the Tampa Bay Rays Family Zone inside A Taste of Pinellas at Vinoy Park. The Family Zone, produced by the Suncoasters, will be open Saturday and Sunday, May 21 - 22 from noon - 5 p.m.
The Tampa Bay Rays Family Fun Zone will feature entertainment on the General Dynamics Kids Stage, including outstanding performances by Shana Banana, Silly Sam the Music Man, Raymond, the Franzini Science Circus, the Cross Bayou Elementary Signing Choir, Tapped In and Men of Note from Busch Gardens.
The Family Fun Zone will also include face painting, arts and crafts, Radio Disney, the Science Center of Pinellas County, the Salvador Dali Museum, the Pier Aquarium, Great Explorations, Ovation School of Arts, the YMCA of St.Petersburg and interactive health and safety activities from All Children's Hospital, including the Fit4Allkids Program.
The Suncoasters of St. Petersburg is a non-profit civic organization of volunteer business leaders who donate their time and money to produce parades and other celebrations during the year to honor the City of St. Petersburg and raise funds to provide scholarships and financial support for youth education in arts and music.
For tickets and more information, visit www.tasteofpinellas.com.


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Chemical Peels
The Chemical peel is used to improve the skin's appearance by applying a chemical solution which causes the damaged outer layers of skin to "blister" and eventually peel off. The new skin will be smoother, less wrinkled and may be more even in color. Chemical peels reduce fine lines, especially under the eyes and around the mouth. They can treat mild scarring and certain types of acne. They can diminish skin discoloration, such as sun spots, age spots, liver spots, freckles, or blotchiness.
Initial Visit
During a patient's first visit, a full medical history will be taken. Physical examination will focus on age, genetics, skin type and elasticity. It is important to discuss any pre-existing conditions, allergies, and surgeries. The dermatologic surgeon will ask what you like and dislike about your skin.
Types of Peels
Glycolic acid peels(GA): Glycolic acid is a naturally occurring organic acid formulated from sugar cane, and creates a mild exfoliating action. These peels are the mildest and result in smoother, brighter-looking skin and can also treat fine wrinkling, areas of dryness, uneven pigmentation and certain types of acne. Multiple peels may be needed to achieve desired results.
Since GA peels cause minimal discomfort, they do not usually require an anesthetic because the patient feels only a slight stinging when the solution is applied. If a patient were to request something for pain, an oral pain pill like Tylenol with codeine would be appropriate.
Trichloroacetic acid peels (TCA): TCA peels are used for medium to deep peeling and primarily address fine surface wrinkles, superficial blemishes and pigment problems. More than one TCA peel may be needed to achieve the desired result.
Deeper peels like the TCA peel are a bit more painful but usually do not require anesthesia because the TCA solution has a numbing effect on the skin. Frequently, the combination of a tranquilizer like Valium and a pain pill will suffice to relax patients and keep them comfortable.
Chemical Peel Procedure
The skin is cleansed with an agent that removes excess oils. The acid solution is then carefully applied, which takes about 10 minutes.
During a chemical peel, most patients experience a brief warm to hot sensation that may last 5 to 10 minutes and may be followed by some stinging. Deep peels may be more painful.
Pre-Operative Instructions
Prior to treatment, you may be instructed to stop certain medications and prepare the skin with pre-conditioning creams, which would be applied at home for a certain period of time. These thin out the skin's surface layer, allowing the peel to penetrate more deeply and evenly.
Post-Operative Instructions
Depending on the type of peel, there may be a mild to severe sunburn-like sensation. The GA peel usually produces redness, which is followed by scaling that lasts three to five days. The deeper TCA peel can result in swelling and blisters that may peel off in a week or two, or it may take longer.
All peel patients are advised to avoid sun exposure (with SPF 15 or higher) for several months after treatment to protect the newly formed layers of skin.
People with certain skin types have a risk of developing a temporary or permanent skin color change. Persistent redness may also occur after a chemical peel. If scarring does occur, it can usually be treated with good results. There is also a possibility of infection.
Improvements may be very subtle a few weeks after treatment. There may be improvement in the texture of your skin which may have a healthier appearance.
Chemical peels are one of the most popular treatments for an aging face, with more than one million performed annually.


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For timely advice on vegetable and herb gardening, sign up for Bonnie's free e-mail newsletter. The issues are packed with valuable information on planting, growing, harvesting, and troubleshooting, plus delicious recipes, creative DIY project ideas, and handy garden plans. Browse a few of our recent issues and see for yourself:


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A full-service branch for customers on the fly, Royal Bank of Canada provides personal and commercial banking, wealth management services, insurance, investment banking and transaction processing services. Pay bills, apply for a loan or find out how to maximize your RSP's all with the help of their knowledgeable and friendly staff.
Contact: 604.665.8708
Business Hours: 9:00 - 16:30 Monday to Friday
This site's design is only visible in a graphical browser that supports web standards, but its content is accessible to any browser or Internet device.


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About us
We are the only dental school in Wales, providing unique and important leadership in dental research, teaching and patient care.
We are located at the University Dental Hospital on Cardiff University's Heath Park campus, a 53 acre site shared with the University Hospital of Wales.
Progressive healthcare education and patient care are successfully integrated with world famous research facilities in this major teaching and research centre. Our academic and clinical staff are recognised as being world-leading experts in their fields. They provide valuable clinical services to the people of Wales in addition to their academic responsibilities.
Rankings and reputation
The sizeable investment in staff and facilities in recent years has helped us achieve unprecedented levels of success:
- We were ranked 1st among all UK dental schools for student satisfaction in the 2010 National Student Survey
- In 2009 our Violence and Society Research Group won the Queen's Anniversary Prize for Higher and Further Education
- In 2008 we were ranked in the top 5 dental schools in the UK for the quality of our research in the Research Assessment Exercise.
We have modern facilities to support our clinical, educational and research activities.
The hospital completed an extensive 5-year, £11M refurbishment in 2003, and has modern clinics throughout. We have a Paediatric Dentistry Clinic, which incorporated the first hospital-based Electronic Patient Record for dentistry in the UK, and the 34-chair Oral Health Clinic which underwent a £1.5M refurbishment in summer 2010.
Our educational facilities include two new lecture theatres built in 2005, and a new postgraduate student study suite and IT study rooms introduced in 2009. Significant investment has also been made to our research infrastructure in recent years, with a new floor added to the Dental Hospital containing a new translational research facility, and research laboratories being refurbished in 2010.


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Translation Studies (TRST)
20009 Multilingual Information Lifecycle (3)
Introduction to the multilingual information cycle, inclduing general technological issues, text preparation, translation in markup languages, computer-assisted translation tools and multilingual information flow for translation. Course is taught in English. Prerequisite: translation majors (FRTR, GRTR, RUTR, SPTR).
30230 Approaches to Translation (3)
Introduction to foreign language translation. Introduces concepts, resources, principles and techniques of text analysis and translation strategies applicable to various types of texts. Prerequisite: junior standing.
30330 Cross-Language Mediation (3)
An exploration of textual and contextual factors impacting cross-language mediation. Prerequisite: none.
38303 Medical Spanish Translation and Interpreting (3)
Translation, cross-cultural health literacy, text analysis, familiarization with common medical text types and terminology; text production in English of Spanish medical documents, focusing on strategies of research, documentation and transfer. The rudiments of interpreting in health care environments, including protocol. Course is taught primarily in English. Prerequisite: SPAN 28202.