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Another EPI economic snapshot:
Fifteen months into a deep recession, college-educated white workers still had a relatively low unemployment rate of 3.8% in March of this year. The same could not be said for African Americans with four-year degrees. The March 2009 unemployment rate for college-educated blacks was 7.2%-almost twice as high as the white rate-and up 4.5 percentage points from March 2007, before the start of the current recession (see chart). Hispanics and Asian Americans with college degrees were in between, both with March 2009 unemployment rates of 5%.
Some argue that the problem of joblessness among African Americans can be solved by education alone, but at every education level the unemployment rate for blacks exceeds that of whites. The disparities among the college-educated and other evidence strongly suggest that even if the black educational attainment distribution was exactly the same as the white distribution, blacks would still have a higher unemployment rate than whites. Without a renewed commitment to anti-discrimination in employment and job creation in black communities, high rates of black joblessness will likely persist.
See original post for sources and more info.


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Ky. court turns away challenge to tobacco free prison
LOUISVILLE, Ky. (AP) — The Kentucky Court of Appeals has turned away a challenge by a death row inmate to the state's tobacco free prisons policy.
The court on Friday found that state law does not limit the Department of Corrections authority to ban smoking at penal institutions.
Death row inmate John Mills challenged the ban, saying Corrections Commissioner LaDonna Thompson didn't have the authority to implement a tobacco free policy.
Kentucky started the tobacco free prison policy in 2006.
Mills was sentenced to death Oct. 18, 1996 in Knox County for the stabbing death of 79-year-old Arthur Phipps at his residence in Smokey Creek.

subset: commoncrawl


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Amber Rose — model, muse, singer and soon-to-be Mrs. Wiz Khalifa — seems like the kind of girl who has fun no matter where she is, what she's doing or who she's with. That image must be due, in part, to what she wears. The bubbly beauty puts together some crazy eclectic ensembles that would make us regular girls look homeless. But as she put it, when she stopped by VH1 to appear on Big Morning Buzz Live, "You got swag, you can pull it off." She itemized this outfit for us, just in case we acquire swag in the near future…
"My fashion sense is pretty much whatever I feel like putting on that day," Amber said. "I'm not a label whore." She's wearing a Russian army hat she got from an army/navy store, a vest her friend Sammy lent her, a shirt from James Perse, Dickie shorts she cut off herself and "regular old tube socks, cool high heel boots that I got from American Rag in L.A." The Givenchy earrings are vintage, and the chain is actually supposed to be one of those body chains that goes around your stomach, but she prefers it as a necklace. And those pink stiletto nails go quite nicely with that giant rock from Wiz, don't you think?
Related: Amber Rose is as fun as her clothes.
[Photos by Jen Marigliano]


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Hardshell outside, molded plush lining inside.
The On-Stage Stands Acoustic Guitar Case is a road-ready hardshell case constructed from quality material and is custom molded to fit most acoustic guitars and provide full neck support. The interior also features a soft plush lining and an accessories compartment that is perfect for picks and capos.


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Lima 459 Navy Blue Stripe Stair Carpet Runner 70cm Wide
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This modern stripe stair carpet runner is available in a 60cm and 70cm width. Made from high quality polypropylene this stair carpet will add a touch of warmth to your home. As this carpet can be cut to any length required it can even be used as a perfect fit hall runner rug.
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USE AS A RUNNER: If you intend to use as a hall runner the ends will require binding. We can get both ends bound; the cost of this is £5. To buy binding select 'Yes; in the drop down box entitled Runner Binding and this will ensure both cut ends are bound. Binding will be completed same working day if the order is placed before 12pm.
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This event is with Downtown Raleigh Marketing or #DTRM for you twittiots! Here is a summary of the event.
You've got a great story…well, at least it's great to you. But is your story really compelling? Has it been crafted well? And if so, how do you get the media to pay attention? Crafting a compelling story is often a challenge. There are so many signals out there, so how do you get yours to stand out?
In this meetup we'll hear from some of our media leaders in the area. They'll talk about what it takes to make your story newsworthy. You'll have an opportunity to learn how to make your story stand out. You'll also have an opportunity to meet some of Raleigh's most progressive media personalities in person.
Read full description HERE.
This is the 3rd event for the folks at DTRM. The first two events were quite successful. The first was at SpyRaleigh and filled about every seat in the house and the second was televised by WRAL. They always have quality speakers who know their stuff. There is a suggested $5 donation that will go to a local charity. If you have an interest in marketing this is a great place to rub some elbows.
The information was timely and relevant, great turn out.
0 · November 2, 2011
It's a cross between a social networking event and learning opportunity for people in the marketing field. You don't have to be a marketer to enjoy yourself and learn something but if you have an interest it will be more enjoyable. I enjoyed the first couple events of DTRM so I thought I would offer it to people in the group.
0 · October 24, 2011
I decided to start Reno Motorcycle Riders Group because I wanted to be part of a group of people who enjoyed my passion... I was excited and nervous. Our group has grown by leaps and bounds. I never thought it would be this big.
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Does anyone here sell at a farmers' market? How did you get set up? What do you sell? How do you do transactions? Do you just do cash? How to do credit cards? Any experience trying to take food stamps?
How about insurance? Would a homeowner's policy cover it? Do you need to be insured as a farm?
Do you discount items late in the day or just use at home (eg I could freeze/eat any eggs or baked goods we don't sell)?
Any resources on what to do or read as a first-time seller?
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Oh what a lovely post! :)
We sell our farm produce at Chichester, at 'The Hornet'. For this you will will need a trader's licence, and in the UK this is applied for at the town's local council offices under 'Trading'. Departments are, at times, notoriously difficult to locate in the building because they often get moved around due to enconomizing or streamling their services to the public. You will need public liability insurance. Talk to your broker.
We sell hen's eggs (these are certified free of salmonella), dairy butter, cheese and clotted cream; Sussex clotted cream. We are not permitted even to call our's "Cornish style" because of Cornwall's POD registration protecting its fine clotted cream tradition.
We also sell cakes, homemade at the farm: sulatana fingerellas similar to those the French sell. Also condiments including jams accord to the season our fruit becomes available. We employ a couple of part-time staff to make our produce en masse, otherwise we couldn't cope. We also sell honey, and fresh fruit when in season and juiced pears and apples. Last autumn we enjoyed a massive fruit glut due to a wet season. That, however, brought in a great amount of revenue. Accept cash only no cheques. If punters don't like that - tough. Do do credit unless setting up a supply contract.
Be prepared to refuse funny bums trying to haggle. Be prepared also to work in all weather conditions, though our stall is under a stout canopy. We are considering visiting Dieppe to set up a stall in the town, but French red tape and bureaucracy is a right royal pain. You will need a long wheel base van to transport your produce.
You need to be a morning person - aheam - a very early morning person. Pack your van the evening before except for perishable goods, and prepared to be rained on; that I personally can guarantee if you live in England. You need a strong voice to call out your produce, how much and what a bargain it is. "Come on people, gather round - large hen's eggs £1.20 a dozen! Fresh out the chicken's bum" that sort of thing. Its real fun and, you get to have regulars always coming back for more.
No selling experience, but from reading our local market policies and other articles on them it seems that the market managers generally have a set-up to take credit cards and sometimes SNAP (food stamps) at the main table in specific increments and then give the customer a certificate they can use at the various booths. Then the vendor takes them back to the manager to exchange for cash. Not sure exactly how it works. You could probably call your local market and find out their specific policies.
Always make a profit even if it's 25p above raw ingredients' costs. We buy huge quantities of flour, ( http://www.bigbarn.co.uk/places/West-Sussex/Lurgashall/local-food/flour/ ) but the biggest cost outlay is sugar. You need to carefully source your suppliers, especially for white sugar. Example of this is we use white sugar derived from sugarbeet rather than cane, whereas the more expensive sugar comes from the West Indies: Demerara from Barbados. Nice and crunchy, a very pronounced taste and superb for flapjacks, but Demerara quality varies. For jams we use refined sugar to obtain clarity in our batches.
We used to deal with Billington's until they kept messing with their wholesalle prices. Now we deal direct with a sugar refinery in the West Indies. Ideally we could contract out the milling of our wheat crops for flour except we don't produce enough except for our own domestic use. Again, it's important to carefully source your suppliers and get best price.
Then there is packaging. Fruit is always placed in pre-formed polystyrene containers. eg, for 4 apples/pears or multiples. Clingfilm is put over the fruit for protection, always done by machine and the same for bottling juices to which we add a small amount of Vitamin C to prolong the freshly queezed apple and pear juices from going brown.
Butter, cream and cheese are made in a sterile area, quite separate from the other cooking areas of our farm. And lastly you MUST keep a log of all your cash transactions and this means bookeeping.
I was just fantasizing about this today as I was driving through the country...
cancer-beating wife to DH since 7/4/09, mother to DS 5/1/11 + DD 8/21/2013
(4/09) (5/12)
Then why not start a small stall at a country fair or open flea market selling homemade jams, cakes and tracklements? Jams and tracklements you could make a stock of first; tracklements improve over time anyway and cakes and small bite food like flapjacks can be made a day or two in advance. From little acorns do mighty oaks grow, and your starting off in small way could lead onto better more profitable times. Never give away your recipes.That way, people come back for more.
Our market stall is well established and was built over years long before I joined the family. It is well established like so many local farm producers in Sussex spanning from Hastings in the east of Sussex going all the way across to Chichester in West, and up north as far as Crawley and Haywards Heath. So many people started in a humble way, and it's a golden little earner for those who soldier on. Go on, give it a try.
I have no idea what tracklements are, and cakes, well, mileage varies, but let me take a minute to suggest you think about what equipment you're used to having when you make jam. If you want to sell a jar of jam, you need to be able to attest to certain things about production conditions (like "no cats walked over the counter to visit while I was picking over fruit"), and you need to be able to vacuum seal the jars. These things are trivial to achieve in commercial kitchens, with commercial equipment, but I don't have access to either of those things. I have made jam, and I have sealed it properly, and then we ate it ourselves, as I determined that I was insufficiently sure of the food safety issues to give it as gifts.
Also, if you don't grow your own fruit, or have a cheap source of it handy, most of the profit margin on jam disappears right there.
I have no idea what tracklements are, and cakes, well, mileage varies, but let me take a minute to suggest you think about what equipment you're used to having when you make jam. If you want to sell a jar of jam, you need to be able to attest to certain things about production conditions (like "no cats walked over the counter to visit while I was picking over fruit"), and you need to be able to vacuum seal the jars. These things are trivial to achieve in commercial kitchens, with commercial equipment, but I don't have access to either of those things. I have made jam, and I have sealed it properly, and then we ate it ourselves, as I determined that I was insufficiently sure of the food safety issues to give it as gifts.
Also, if you don't grow your own fruit, or have a cheap source of it handy, most of the profit margin on jam disappears right there.
I already know about our jam production methods although personally I don't make the jams and marmalades (except small batch for home use). The farm management employ people to do all our jams and tracklements now and have been doing so since I believe, 2003. Everything is made in sterile conditions, and have to be because of health and safety regulations that apply to manufacture. Tracklements incidentally are pickles, sauces and mustards.
Right - your jam is perfectly safe, because it is manufactured to commercial standards in a commercial facility, in compliance with health and safety regulations. My jam, and the jam made by most people who daydream about chucking the workday world and selling things in farmer's markets, is made in home kitchens, on equipment that would never be considered appropriate for commercial use. When you ask "why not make and sell your own jam?" the answer is "because you can't make appropriately food-safe jam in a home kitchen."
I forgot to add that we grow our own fruit as have orchards, and soft fruit such as raspberries and strawberries are grown in our fields adjacent to Haskin's garden centre, though I hasten to add that Haskin's is nothing to do with us.
Yes, our jam and marmalades are prefectly safe because of food producing regulations are stringent. We have a separate premesis on-site that produces our market stock for selling. We cannot by reason of health & safety produce our groceries in the house.
I daresay that families producing jams etc and hire a stall pitch for a tenner a day at outdoor flea markets and boot fairs probably make their stuff at home in their own kitchen. These people are ordinary folk who don't need a commercial licence because they are not trading under a company name. Example of this is just outside Eastbourne (Polegate) in East Sussex, every weekend are "Mammoth Boot Fairs": http://www.mammothbootfairs.co.uk/ whereupon anyone can set up a little stall and sell cakes and jams they have made, along with others selling god-knows what else as there once originated as "car boot fairs", unique to old England, the British doing their own sweet thing.
Time I went to bed. Fight another day. G'nighty!
In the U.S. the laws are different in every single state and we have only in the last few years started passage of cottage food production laws, which allow specific foods to be made in the home. In our state we are required to take a food safety course, label everything very specifically, and agree to kitchen inspection if a complaint is made and we are limited in what foods we can make to those considered not potentially hazardous, so nothing that required refridgeration at all. I think jams are fine but no pickled veggies or anything like that. Baked goods vary.
Wow, Spiderpig, that's a lot of information and encouragement! Thanks!
We are in Virginia, in the US. I know that churches around here will sell home-canned foods at fund raisers. Would individuals selling at farmers' markets be considered the same? I guess I'll have to try to contact the manager and see if he can point me to local licensing resources.
The Cottage Food legislation has opened up a lot more opportunities than before. I believe jam and pickles are okay because they are acidic canned goods. Baked goods that are free of fresh dairy are also okay. I suggest talking with your local farmers market. They will have all of the info pertinent to your area.
Proving food safety and all the paperwork/hoops are a big deterent for me. I think if I ever end up having a booth at a market it will be for something like candles.
It's awfully annoying how all the states have different requirements.
cancer-beating wife to DH since 7/4/09, mother to DS 5/1/11 + DD 8/21/2013
(4/09) (5/12)
No selling experience, but from reading our local market policies and other articles on them it seems that the market managers generally have a set-up to take credit cards and sometimes SNAP (food stamps) at the main table in specific increments and then give the customer a certificate they can use at the various booths. Then the vendor takes them back to the manager to exchange for cash. Not sure exactly how it works. You could probably call your local market and find out their specific policies.
Mamapigeon, I agree! We sell veggies, meat and sometimes will take our wool to market. The retail USDA meats have lots of regulations but at least they're specific. Veggies are actually harder in some ways because there is more left up to the inspector's whim, at least here in WA and ID. As someone who sells across the state border it can be very frustrating!
Definitely doable. What do you have a passion for? what hoops are you willing to jump through? are there alternative methods if the hoops are too high or too many for you just starting out?
As far as getting set up, go visit the markets you want to attend at least once to get a feel for them. Go talk to the market manager. At the market you can probably get a quick conversation in but ask them if you can contact them later if you've got more questions. They're job is to help you get going in the market! They'll also help you find all their documentation on their rules, requirements, etc. each market will have it's own bylaws too!
When we first started 5.5 seasons ago we just did cash and even now that's what many folks expect. We also got ourselves set up with Square to take credit card transactions (and now use Square's Register app on our iPad for all transactions for the data! that's really cool!) even though it's still a small part of our transactions. We get typically either very large transactions by credit card or very small ones from the college kids who forget that cash exists. We also take checks too but those are rare as well.
Insurance: YES! check out all your options and requirements. it all depends on what exactly you do. if you are a farm, chances are you'll already have some sort of farm policy (or should!!!). if you're doing processed foods of some sort, check into the most appropriate policies for that. what does the market you're going to attend require? Buy as much insurance as you can afford because someday you'll need it and a little is better than nothing!
end of market extra stuff: totally depends on the item, how well it holds and how many markets/times per week you are selling. if it'll hold until the next time you sell without a problem, then don't discount it! if it's pretty perishable, we often trade amongst ourselves as vendors to fufill our own shopping lists. if there's a lot left and there's a local restaurant who buys at the farmer's market then ask them if they're interested and sell it wholesale to them. If there's another vendor there who has a farm stand, perhaps they could sell the item for you on consignment out of their farm stand during the week or buy it outright at wholesale.
my advice? talk to the other vendors, the market managers, ask your customers to report back to you on how the item came out or tasted or whatever.
also, be a happy pleasant, easy to approach person in your booth. smile and stand up and engage everyone you can! many markets have a "no hawking" rule but you can always ask folks how their day is going or whatever to get them to engage. they're more likely to buy if they've been engaged and like you. whether they buy this week or next it doesn't matter. Sometimes i'll spend a good chunk of time showing someone every... single...different...cut of meat only to have them say "too expensive for me this week" or something of the sort but they'll often eventually come back and buy something because I engaged with them.
best of luck!
Farming mama to DD1 (10/18/07), DD2 (10/3/09) who are always DS born 8.21.14 and wife to loving hubby (6/23/2007).
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BREAKING! Missing and the search is on!
The often amusing Eye of the Tiber reports on a serious news story that should concern us all. My emphases. Sierra Nevada–More than five dozen searchers scoured the Sierra Nevada foothills for the missing reverence at a Mass at the Church … Continue reading
Posted in Lighter fare, Liturgy Science Theatre 3000, Our Catholic Identity Tagged piety, reverence, solemnity 9 Comments
INDULGENCE ALERT – Feast of the Sacred Heart
Today, the Feast of the Sacred Heart, the faithful can gain a plenary indulgence by the public recitation of Iesu dulcissime (Act of Reparation) (Ench. Indulg., al. conc., 3). All other recitations gain a partial indulgence. Priests and Bishops! Have … Continue reading
What happened to popular devotions and piety? A Cardinal opines.
During the Year of Faith we should work to revive popular piety and communual devotions. A friend in Rome, Fabricius Magnus, sent me the following: Sandro Magister has an article related to the pope's visit to Loreto and reports of … Continue reading
WDTPRS Easter Thursday – diversity and wholeness
The Collect for the Ordinary Form and the Extraordinary Form caught my eye: Deus, qui diversitatem gentium in confessione tui nominis adunasti, da, ut renatis fonte baptismatis una sit fides mentium et pietas actionum. This is a modern tinkering with … Continue reading
Posted in WDTPRS Tagged EASTER, Latin, liturgy, Octave, pelican, pelican in her piety, pietas, piety, prayer, sacrifice, St. Thomas Aquinas, worship 4 Comments


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LOS ANGELES — Ladies will continue to drive the feature lineup at the Sundance Film Festival as Robert Redford's independent-cinema fair celebrates its 30th anniversary next month in Park City, Utah.
At the top of the list released Wednesday, female directors dominate the competition, with eight out of the 16 films helmed by women. And in front of the camera, women reign supreme — only this time, comedians eclipse the layout.
Actresses like Amy Poehler, Kristen Wiig, Molly Shannon, Aubrey Plaza, Amy Sedaris and Jenny Slate all appear in features playing at the upcoming fest. And In the case of Wiig, Shannon and Plaza, we have funny gals turning serious.
Following her dramatic turn in the upcoming "The Secret Life of Walter Mitty," Wiig will play the twin sister of fellow SNL alum Bill Hader in "The Skeleton Twins." In the film, which also stars Luke Wilson and Ty Burrell, the siblings coincidentally cheat death on the same day.
Shannon and Plaza will star in "Life After Beth," which focuses on a mysterious second chance at love after death.
"Comedians are big this year, especially with what we are calling 'Funny ladies,' " said Sundance Director John Cooper. "A lot of these roles are setting up typical comedic actresses in roles that are a little deeper. In general a lot of actors are being drawn to independent film because of the quality of interesting roles that they can play."
Altogether, 117 feature-length films, selected out of 12,218 titles submitted (72 more than for 2013), are scheduled for Sundance 2014. Some 37 countries and 54 first-time filmmakers will be represented.
Sundance films typically offer the ideal fabric and draw for performers who are departing from their usual Hollywood formulas.
"Girls" sitcom creator Lena Dunham, whose debut movie "Tiny Furniture" won best narrative feature when it premiered at the South by Southwest film festival in 2010, will appear in writer/director Joe Swanberg's "Happy Christmas," also starring Anna Kendrick.
In her first feature since "The Twilight Saga: Breaking Dawn — Part 2," Kristen Stewart plays a guard stationed at Guantanamo Bay in budding writer/director Peter Sattler's "Camp X-Ray."
But this is not to say men won't get their share of attention at Sundance, which runs Jan. 16-26. Sam Shepard, Michael C. Hall and Don Johnson team for the violent small-town corruption tale "Cold in July."
Stories with music themes make up a notable portion of the list. "Song One," starring Anne Hathaway, is centered in Brooklyn's music scene. And the 1970s-set "Low Down" features a stellar cast, including Elle Fanning, Glenn Close, Red Hot Chili Peppers bassist Flea and "Game of Thrones" stars Peter Dinklage and Lena Headey.
Sundance is known for launching the careers of promising new talent, like first-time writer-director Ryan Coogler, who premiered the harrowing "Fruitvale Station" at last January's festival — a film that earned three Independent Spirit Award nominations, including best first feature. This time around, potential breakouts include first-time actor Josh Wiggins, who plays opposite Aaron Paul in a film about a reckless and displaced teen.
And in the festival's Next category, Desiree Akhavan, who wrote, directed and stars in the Brooklyn-set coming-of-age "Appropriate Behavior," is poised to be a fierce triple-threat. "We showed Lake Bell's film 'In a World ...' last year and Akhavan's work this year is in that Bell and Lena Dunham ilk," said Cooper.
Sixteen American documentaries will also debut at the festival. "Many deal with very contemporary issues that are still in the headlines right now," said Sundance Director of Programming Trevor Groth. "The ability to turn films around so quickly is really notable."
Documentarians Ben Cotner and Ryan White took a look at the campaign to overturn California's ban on same-sex marriage in "The Case Against 8," while "The Overnighters," from director Jesse Moss, examines the manpower boom in the oil fields of the Northwest.
Sundance will announce its premiere lineup on Monday.
Dane DeHaan (left) and Aubrey Plaza in a scene from the film "Life After Beth."×
Lena Dunham (from left), Anna Kendrick and Jude Swanberg in a scene from the film "Happy Christmas."×
Elle Fanning in a scene from the film "Low Down."×
Bill Hader (left) and Kristen Wiig in a scene from the film "The Skeleton Twins."×
Anne Hathaway (left) and Johnny Flynn in a scene from the film "Song One."×
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Hard rock
About this Artist
Hibernation Index
Vocals - Mark Shepard
Guitars - Matt Cutting
Bass - Dylan Roderick
Drums - Chris Wakelin
Guitars - Stephen Shepard
Hibernation Index is a band from Southern California comprised of Mark Shepard, Chris Wakelin, Dylan Roderick, Matt Cutting and Stephen Shepard. A love for heavy compromised rock was the foundation for the band. Looking to fill the void of good hard rock that is consistently more and more complicated to find these days. Hibernation Index has recorded their first EP earlier this year with Chris Collier. A full length will be released shortly. (For fans of Deftones, Chevelle, Poison the Well, Mastodon, Snot, etc.)
We don't have any upcoming shows listed for this artist right now.


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Reading through the New York Times this morning, there is a lengthy story by Anne Barnard about a deal brokered and now executed to allow Syrian rebels to withdraw from Homs. It's a very good piece of reporting, but it misses two very important things which add a great deal of context to the story.
First of all, Homs is not simply "a bellwether for a nation slowly, brutally, unraveling," and "a diverse community increasingly split among sectarian lines as populations fled, neighborhoods were destroyed and rebels held out in the Old City." Rather, Homs is perhaps strategically the most important city in Syria. Damascus, the capital, is geographically peripheral. A quick look at a roadmap of Syria reveals that anyone who wants to control Syria has to control Homs.
Barnard is right that displacement and murder have changed the face of Syria: The violence witnessed in that country has not been random, but has been as directed as it was in the former Yugoslavia. No matter who wins in Syria, what they inherit will be a country of cantons, and the commerce and communication between them will be controlled by whomever the power is in Homs. That the rebels have now left Homs is the most indisputable evidence so far that the regime is winning.
More interesting is Barnard's cursory reference to Iran's role in the deal. "The Homs deal, worked out between security officials and rebel representatives in the presence of Iran's ambassador to Syria, also calls for insurgents in Aleppo Province, to the north, to lift their longstanding blockade of two villages…." She later notes, "The deal was the broadest and most ambitious yet, and in a sign of its importance to the government, it included the first visible foray by Iran, Mr. Assad's most crucial ally, into such talks." What Barnard omits is that the Iranian ambassador to Syria, Mohammad Reza Ra'ouf Sheibani, comes not from Iran's diplomatic corps (where, admittedly, he previously served as a deputy foreign minister and as ambassador to Lebanon), but rather from the Islamic Revolutionary Guard Corps (IRGC). It's common for the Iranians to send IRGC and, more specifically, Qods Force operatives to act as ambassadors to countries they see as key: Lebanon, Syria, Afghanistan, and Iraq. What Barnard fails to mention is that the Homs agreement was effectively brokered by the Islamic Revolutionary Guard Corps.
Then, again, to suggest that under Obama's watch the IRGC is supervising and confirming the defeat of Syrian rebels probably isn't a narrative The New York Times wants to acknowledge.


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To discuss your event, meeting or incentive needs with an expert planner, please contact Excellence Playa Mujeres.


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The talented Ballet Central to appear at the ADC
Posted: April 05, 2013|
For every person who dreamt of becoming a prima ballerina, this is the kind of show that will fill you with regret for not having gone for it, and fill you with utter awe because, surely, those moves just aren't possible, are they?
A mix of classical and contemporary ballet, jazz and narrative dance, Ballet Central is a touring company made up of final year students at the Central School of Ballet in London.
For the soon-to-be graduates the show is a chance to launch their professional dancing careers by appearing in newly commissioned pieces, as well as a few old favourites. Florestan Pas de Trois from Tchaikovsky's The Sleeping Beauty is a major piece, as is a freshly re-staged version of the Fireside Pas de Deux from Cinderella, designed by Ballet Central's founder Christopher Gable.
But you don't need to be a ballet expert, choreography coinesseur or a committed dance enthusiast to enjoy the show. Even if you're just curious, thinking of taking up a dance class or need to entertain the kids for an evening, it's a safe bet that a blur of pointed toes, gravity defying leaps and acrobatic poses will keep the whole family captivated.
Ballet Central, The ADC Theatre, Tuesday, April 9 at 7.45pm. Tickets £10-£12 from (01223) 300085 / www.adctheatre.com


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How not to sue Dragons' Den
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Every time I see the Dragons belittle a sweating contestant from their raised TV studio platform that reminds of Olympus I catch a breath. It's not Jerry Springer but what if one of the scorned pitchers loses it and throws his heavy business idea right at a Dragon's head? Thankfully, I've never seen such a sight, but at least one unlucky show participant did sue the CBC for defamation after a particularly nasty broadcast. His litigation imploded at the summary judgment motion teaching us something about both the defamation law and the inner workings the famous TV show.
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In his judgment, Justice Lofchik summarized well what happened between the plaintiff, Mr. Turmel, and the CBC. A Dragons' Den producer recruited Turmel for his public speaking skills. No business idea was on the table at that time. Turmel signed a bulletproof consent and release. Then his unsuccessful pitch for "a local currency system for Brantford, Ontario" was taped on May 31, 2009. Dragons showed no mercy. Nine months later, the CBC broadcast Mr. Turmel's pitch in a one-minute version. A week later, he sued the CBC for defamation.
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The CBC brought a summary judgment motion. The rule for summary judgment is that "there is no genuine issue requiring a trial with respect to a claim or defence." Summary judgment is serious because it deprives one or more parties to a lawsuit of a trial. But if there is no doubt about the outcome of a trial, the court should grant summary judgment to save everyone's time and money.
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The first issue at the motion was Mr. Turmel's failure to notify the CBC of the alleged defamation in writing within six weeks of seeing the broadcast. Ontario's Libel and Slander Act bars any claim for "libel in a newspaper or in a broadcast" if the plaintiff didn't do that. Even serving a statement of claim a week after the broadcast didn't help Mr. Turmel. The purpose of the written notice is to give the alleged defamer a chance to apologize and correct the record. The courts have held that you cannot expect a defendant to have such an opportunity once the litigation took off. If Mr. Turmel's claim was for defamation, his ignorance of the (rather arcane) law killed his case.
The second issue was Mr. Turmel's argument that his case was not only for defamation but also for breach of contract. If he was right, the Libel and Slander Act didn't bar at least some of his claim. He was wrong. The judge held that even though "one might also glean the suggestion of a claim for breach of contract," Mr. Turmel signed a rock-solid consent and release that was the whole contract between him and the CBC. Mr. Turmel wasn't a vulnerable party deserving special treatment, and he could have consulted a lawyer when he signed the deal. The agreement was that the CBC could pretty much show or not show anything taped in exchange for giving him a chance to pitch to the Dragons.
So a procedural misstep in the defamation claim and a failure to plead another real cause of action caused Mr. Turmel to lose this summary judgment motion. Consulting a defamation lawyer could certainly have helped him, but who knows, maybe Mr. Turmel will launch a second salvo in his war with the CBC by pleading another cause of action. But which one?
Pulat Yunusov is a Toronto litigation lawyer.
(Post sponsored by AdviceScene)
Free Internet to Citizens of Oppressed Nations: Genuine Interest in Democracy or Attempts to Monopolize Information?
Uncle Sam has $30M to bypass Chinese, Iranian 'Net filters
By Nate Anderson
Need to get around a Chinese government firewall? Burning to smuggle your samizdat writings past Iranian Internet censorship? Hoping to blog with impunity in Burma? Uncle Sam wants to help. The US government has a $30 million pot of money to spend on "Internet freedom" programs around the world, and it's not afraid to make a few enemies.
Secretary of State Hillary Clinton last year gave a major speech on Internet freedom and the new "Information Curtain" of censorship that has fallen in some parts of the world. In that speech, she said that State would support development of tools that can bypass Internet censorship. She also outlined a program in which State would fund mobile phone apps that allow people to rate government ministries on responsiveness and efficiency and that can ferret out corruption through crowdsourcing. The hardware is already in the wild, she said; all what's needed is some money to make it worth developers' time.
This year, State has $30 million for such projects, and it's asking interested parties to apply for the cash. Top on its list of wants: "counter-censorship technology" that can bypass firewalls and filters. Such tools may be general (like Tor) or can be specific to individual governments. China and Iran can probably look forward to some US-funded encryption and circumvention tools coming their way in the near future.
The grants will focus on "East Asia, including China and Burma; the Near East, including Iran; Southeast Asia; the South Caucasus; Eurasia, including Russia; Central Asia; Latin America, including Cuba and Venezuela; and Africa." North America and Western Europe get a pass.
In addition to circumvention tools, State wants to fund secure mobile communications tech that can make mobile phone usage safer. The government will also help nonprofits and digital activists build communication platforms, and it wants to establish "virtual open Internet centers" that exist outside of closed countries and provide a spot to post and archive censored content.
If you're part of a nonprofit or a university (and are not an affiliate of a "designated terrorist organization"), you have a month to submit an online statement of interest.
Interesting comment by a reader:
"govt, doesnt give anything away to anyone (except themselves and their filthy bosses).
it smells like a trick to start the censorship and as usual in the name of democracy.
I had heard many years ago that they are planning to introduce the Internet 2 and shut this one down.
in any case the problem in USA and the West is Not the censorship the problem is Monopoly on info!
the rest of the world gets its info from this monopolized source!"
Conrad Black and Libel Tourism
David Canton has a column in this week's London Free Press, where he discusses the Conrad Black case:
The case deals with Internet defamation and how to determine where to sue for it. As with traditional defamation, a party alleging Internet defamation must demonstrate they suffered damages in Ontario and also that they have a significant connection to Ontario. Where Internet defamation differs from traditional defamation is that the alleged victim must prove the statements in question targeted Ontario.
In Black v Breedan, Black brought an action for libel against directors, advisers and a vice-president of Hollinger International for statements posted on the Hollinger website. Black argued his reputation was damaged in Ontario as a result of these defamatory statements that had been reproduced in a number of prominent Canadian newspapers, such as the Globe and Mail and the National Post.
Black v Breedan is noteworthy because of the online aspect of the alleged defamation. Because anything posted on the Internet can be seen anywhere in the world, it has led to "libel tourism" – where someone who thinks they have been defamed will try to sue in whatever jurisdiction they might be most successful in, and get the highest damage award.
Black v Breedan tells us that – at least in Ontario – libel tourists are not welcome.
The case is interesting to me because it's one of the first looking at the reformulated real and substantial connection test in Van Breda v. Village Resorts Limited for libel cases over the Internet.
The motion judge found most of the Muscutt factors favoured Black. On appeal, the Defendants submitted that the judge erred in looking at the connection of Black to Ontario, instead of the connections of the claim to the province.
The alternative positions of the two parties are best set out in the following paragraphs:
[35] The defendants submit that treating the lex loci delicti as the place in which allegedly defamatory statements were accessed is inappropriate in the context of Internet libel. An approach that looks to where the statements were accessed, they argue, is contrary to the principles of order and fairness, leads to libel tourism and the prospect of unlimited liability and has a chilling effect on freedom of speech.
[36] The defendants advocate a different approach to a claim for libel originating on the Internet. They suggest that the focus of the analysis of where the tort of Internet libel is committed should be on whether the defendant targeted the statements to the forum rather than where they were downloaded and read.
The Ontario Court of Appeal upheld the presumption of a real and substantial connection under Rule 17.02(g), even though the Van Breda test was not applied, and held that the Defendants did target their statements to Ontario based on press release contact info for local media. Consequently, there was a real and substantial connection between both Black and the Defendants, even if they were in a different jurisdiction.
In assessing fairness, the court noted that even though there might be difficulties with enforcement of a judgment in the U.S., a favourable ruling would have some value in vindication for Black. But the court also tied this fairness element to the libel tourism issue raised by Canton,
[86] I agree with the motion judge that it is not appropriate to label it forum shopping or libel tourism if the party has a real and substantial connection with the forum: see Amchem Products Inc. v. British Columbia (Workers' Compensation Board), 1993 CanLII 124 (S.C.C.), [1993] 1 S.C.R. 897, at p. 920. Further, even if the judgment is not enforceable in the United States, it is enforceable in Ontario, and there is also value in the vindication of a defamation judgment regardless of the ability to collect damages.
Although Ontario courts have resisted libel tourism in the past, Black v. Breedan also reaffirms the proposition that where a case meets the Van Breda factors this is not in fact a case of forum shopping.
World Institute for Research and Publication (WIRP) Presentations
I presented a couple papers this morning at the Annual Meeting of the World Institute for Research and Publication – Law. You can read more about the conference over at Slaw.
The presentations, with audio and complete papers, are available on the WIRP site, or on SlideShare below:
Full Paper: Media Narratives in Times of Turmoil: Depictions of Minorities in Canada Post 9/11
Full Paper: Admissibility of Alcohol and Gaming Commission of Ontario Reports
Legal Domestic Dispute Is Brewing…
I have to admit that I called this one. As my wife and I were watching CBC's Dragon's Den an interesting segment began. Before I go into the relevant legal issues in this case, some background is required.
One of the "Dragons" is Jim Treliving is, among other numerous ventures, a co-owner of Mr. Lube.
Fast forward to the episode that I was watching. Out comes Jessica Gilbank, who is the owner of Ms. Lube by Mechanchik. She is the owner of an oil changing garage that employs women, because she found it hard for female mechanic apprentices to break into the male dominated field.
Although I know little about copyright law, Treliving clearly indicated in the episode that he did not even want to participate in the segment because he clearly felt that Ms. Lube was infringing on the Mr. Lube brand.
Fast forward again to this week, where my prediction came true. The Globe and Mail has reported that Mr. Lube has filed a $250 000 lawsuit alleging that the use of the name Ms. Lube should be prohibited based on copyright law.
As this legal domestic dispute unfolds we shall see how the court rules.
What is more interesting to me is how this may affect the CBC and potential "contestants" on Dragon's Den. For this, too we will have to wait and see as the next season of Dragon's Den is currently filming.
Warman v. Fournier et al: Balancing Disclosure, Privacy, and Freedom of Expression Interests in Internet Defamation Cases
While the internet provides users with an environment in which socially valuable anonymous speech can flourish, it also provides users with an opportunity to defame others behind a shield of anonymity. If these users can be identified, they may be held liable for defamation. Unfortunately for plaintiffs, the identities of these individuals are usually known only by the website or internet service provider ("ISP") through which the statements were made, and these entities generally decline to disclose a user's identity in the absence of a court order compelling them to do so. Faced with a growing stream of plaintiffs who seek these kinds of orders, courts have sought to craft approaches to evaluating applications for disclosure that strike an appropriate balance between the privacy interests of anonymous internet posters and the reputational interests of plaintiffs.
Yesterday, the Ontario Divisional Court released its decision in Warman v. Fournier et al, 2010 ONSC 2126 (Div. Ct.) rev'g (2009), 309 D.L.R. (4th) 227, 76 C.P.C. (6th) 155 (Ont. S.C.J.) ("Warman"). At issue was whether the disclosure provisions of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (the "Rules") automatically entitle plaintiffs in internet defamation cases to obtain the identifying information of anonymous posters from websites and ISPs, or whether courts must balance the interests of plaintiffs with the freedom of expression and privacy interests of anonymous posters. The decision is now the leading authority in Ontario for the proposition that the objectives of the disclosure obligations under the Rules must be balanced with the right of freedom of expression in internet defamation cases. This article discusses the background, holding, and implications of Warman.
1. Background
The Respondent commenced an action against the Appellants, the operators of an internet message board, and eight anonymous message board participants with respect to a series of allegedly defamatory postings. After commencing the action, the Respondent brought a motion for an order compelling the Appellants to comply with Rule 76.03 of the Rules which required the Appellants to file an affidavit of documents that disclosed the email and internet protocol ("IP") addresses of the anonymous posters in order to allow the Respondent to identify the posters and serve them with the statement of claim.
The motions judge rejected the Appellants' submission that the Respondent was required to establish a prima facie case of defamation before disclosure could be ordered. Instead, Justice Kershman concluded that Rule 76.03 of the Rules required the Appellants to disclose all documents in their power or control and that such disclosure should be automatic upon the issuance of a statement of claim because the information was relevant and not protected by privilege.
This decision stood in stark contrast with earlier cases that offered some protection to the privacy interests of internet users by requiring plaintiffs to demonstrate a bona fide or prima facie case of defamation before ordering disclosure (see: previous posting). The motions judge distinguished these cases on the basis that the Respondent was seeking to compel the Appellants to follow the Rules as required by named parties to the action, whereas the other cases involved discretionary orders for the production of documents from third parties.
2. Holding on Appeal
The Divisional Court unanimously allowed the appeal and remitted the matter to a different motions judge for re-consideration, recognizing that the anonymous posters' right of freedom of expression under the Charter should have been taken into account in considering the Respondent's request for disclosure under the Rules. Moreover, the Court noted that the posters' express decisions to remain anonymous gave them a reasonable expectation of privacy that weighed in their favour.
In rejecting the notion that disclosure should be automatic, the Court also expressed concern for the ease by which a plaintiff could abuse the Rules by filing claims in a spurious manner simply to identify an anonymous poster:
If disclosure were automatic, a plaintiff with no legitimate claim could misuse the Rules of Civil Procedure by commencing an unmeritorious action for the sole purpose of revealing the identity of anonymous internet commentators, with a view to stifling such commentators and deterring others from speaking out on controversial issues. For this reason, the commencement of a defamation claim does not trump freedom of expression or the right to privacy.
[Warman, at para. 33]
After surveying previous decisions, Justice Wilton-Siegel set out four considerations, aimed at preventing abuse of the Rules and respecting the privacy of internet users, that should have been considered by the motions judge in deciding whether to order disclosure under the Rules:
- whether the unknown alleged wrongdoer could have a reasonable expectation of anonymity in the particular circumstances;
- whether the Respondent has established a prima facie case against the unknown alleged wrongdoer and is acting in good faith;
- whether the Respondent has taken reasonable steps to identify the anonymous party and has been unable to do so; and
- whether the public interests favouring disclosure outweigh the legitimate interests of freedom of expression and right to privacy of the persons sought to be identified if the disclosure is ordered.
[Warman, at para. 34]
In concluding that plaintiffs should be required to meet a prima facie standard rather than a lower bona fide standard, the Court emphasized the importance of protecting freedom of expression and noted that there was no concern that the higher standard would deprive applicants of a remedy:
In para. 34 of BMG [2005 FCA 193], the Federal Court of Appeal expressed the concern that, in that case, imposition of a prima faciecase standard would effectively strip an applicant of a remedy because the plaintiff could not know the actual case it wished to assert against the defendants until it knew not only their identities but also the nature of their involvement in the [internet] file-sharing activities. Because the present proceeding is a defamation action, that concern does not arise. Unlike BMG, the respondent knows the details of precisely what was done by each of the unknown alleged wrongdoers.
In addition, because this proceeding engages a freedom of expression interest, as well as a privacy interest, a more robust standard is required to address the chilling effect on freedom of expression that will result from disclosure. It is also consistent with the recent pronouncements of the Supreme Court that establish the relative weight that must be accorded the interest in freedom of expression. In the circumstances of a website promoting political discussion, the possibility of a defence of fair comment reinforces the need to establish the element of defamation on a prima facie basis in order to have due consideration to the interest in freedom of expression. On the other hand, there is no compelling public interest in allowing someone to libel and destroy the reputation of another, while hiding behind a cloak of anonymity. The requirement to demonstrate a prima facie case of defamation furthers the objective of establishing an appropriate balance between the public interest in favour of disclosure and legitimate interests of privacy and freedom of expression.
[Warman, at paras. 41 – 42]
3. Implications
Warman represents an important recognition that while internet users' anonymity ought not to be protected absolutely, the mere commencement of a defamation action should not give rise to an automatic entitlement to information identifying a previously anonymous poster without a consideration of the interests of privacy and freedom of expression.
Nevertheless, there is still uncertainty with respect to the degree of protection that courts will afford to anonymous posters in the future. Under Canadian law, plaintiffs have two ways to seek disclosure in internet defamation cases. Apart from identifying anonymous defendants by seeking pre-action discovery or production of relevant information under procedural rules, as occurred in Warman, plaintiffs may also bring independent actions for disclosure of the identity of anonymous defendants by way of an equitable bill of discovery known as a "Norwich order". Norwich orders were introduced in the decision of the House of Lords in Norwich Pharmacal Co. v. Customs and Excise Commissioners, [1974] A.C. 133 (H.L.) in which it was held that where a third party becomes involved in the tortious acts of others, that third party has a duty to disclose the identity of the tortfeasor so that the plaintiff may pursue its remedies. The Norwich factors were recently confirmed by the Ontario Court of Appeal in GEA Group AG v. Flex-N-Gate Corporation, 2009 ONCA 619 and applied in the internet defamation context by the Ontario Superior Court of Justice in York University v. Bell Canada Enterprises (2009), 311 D.L.R. (4th) 755 (Ont. S.C.J.) ("York University"):
- whether the applicant has provided evidence sufficient to raise a valid, bona fide or reasonable claim;
- whether the applicant has established a relationship with the third-party from whom the information is sought, such that it establishes that the third party is involved in the acts;
- whether the third party is the only practicable source of the information;
- whether the third party can be indemnified for costs to which it may be exposed because of the disclosure; and
- whether the interests of justice favour obtaining the disclosure.
[York University, at para. 13]
Although the second and fourth Norwich factors were not relevant in Warman because they apply only to third party respondents rather than co-defendants [see Warman, at para. 39], some of the other Norwich factors are similar to the considerations set out in Warman that are now applicable to the question of whether a court should order disclosure under the Rules. However, an important difference remains. While the approach under Warman requires plaintiffs to demonstrate a prima facie case of defamation, Norwich jurisprudence has required plaintiffs to meet the lower bona fide standard. For example, even though the plaintiff in York University managed to establish a prima facie case of defamation, the court did not require the plaintiff to demonstrate more than a bona fide case. Although Warman provides compelling reasons to prefer the higher prima facie standard where the plaintiff seeks disclosure through a Norwich order, it remains open for courts to require plaintiffs to meet the lower standard instead.
Originally posted on Defamation Law Blog
Arnie Lemaire is Behind Blazing Cat Fur?
The issue of blogger anonymity is a contentious one that is being closely watched by members of the bar. Canada does have a more qualified understanding of the freedom of speech, and after the emergence of the responsible journalism defence in Quan v. Cusson and Grant v. Torstar Corp we're likely to to see the courts enter this foray as well.
So what happens when a notoriously anonymous and irresponsible blogger is identified? We may just find out with the recent revelation that the author behind Blazing Cat Fur is allegedly an individual named Arnie Lemaire.
The site is a case study of exactly what not to do with online political commentary, with plenty of potentially libelous statements and speculative conclusions. In fact the site seems to specifically seek to target individuals and comment on them personally.
The Limitations Act states,
4. Unless this Act provides otherwise, a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered.
5. (1) A claim is discovered on the earlier of,
(a) the day on which the person with the claim first knew,
(i) that the injury, loss or damage had occurred,
(ii) that the injury, loss or damage was caused by or contributed to by an act or omission,
(iii) that the act or omission was that of the person against whom the claim is made, and
(iv) that, having regard to the nature of the injury, loss or damage, a proceeding would be an appropriate means to seek to remedy it; and
(b) the day on which a reasonable person with the abilities and in the circumstances of the person with the claim first ought to have known of the matters referred to in clause (a).
[emphasis added]
Anonymity in this context is frequently used to shield the blogger from potential litigation by avoiding identification of authorship. Although there are mechanisms to identify authorship, they can be tricky and are still developing.
With the revelation of authorship behind these statements, a new limitations period may have started for statements made on the site if relying on 5.(1)(b). They may still have to rebut the presumption in 5(2),
(2) A person with a claim shall be presumed to have known of the matters referred to in clause (1) (a) on the day the act or omission on which the claim is based took place, unless the contrary is proved.
[emphasis added]
Depending on the cause of action, the appropriate limitation might be found under the Libel and Slander Act,
Limitation of action
6. An action for a libel in a newspaper or in a broadcast shall be commenced within three months after the libel has come to the knowledge of the person defamed, but, where such an action is brought within that period, the action may include a claim for any other libel against the plaintiff by the defendant in the same newspaper or the same broadcasting station within a period of one year before the commencement of the action.
[emphasis added]
Alternatively, a plaintiff could try to rely on the special circumstances indicated in Mazzuca v. Silvercreek Pharmacy Ltd.,
[32] Thus, as a general rule, amendments to pleadings which had the effect of relieving against a limitation period, were not allowed. This did not mean, however, that in every case such amendments were to be denied.
[33] The exception to the general rule, which contemplated the allowing of an amendment in a proper case notwithstanding the intervention of a limitation period, was expressly recognized by the Supreme Court of Canada in Basarsky v. Quinlan, supra, in which Hall J. observed at 385:
"The adjective 'peculiar' in the context of Lord Esher, M.R.'s judgment and at the date thereof may be equated with 'special' in current usage".
This decision, and the undertaking of a special circumstances analysis, have been followed in numerous subsequent cases. In some instances this has occurred in the context of the operation of particular limitation periods where special considerations may apply, or legislative regimes which expressly provide for the extension of time periods established by statute. In other cases, the analysis of special circumstances has been undertaken when a change of parties is sought, as a discretionary matter, under the rules.
So will this unveiling lead to any litigation? We'll have to see, but it will be interesting to find out.
Discussing Quan v. Cusson and Grant v. Torstar
The Ontario Bar Association (OBA) Young Lawyers Division has an interesting article by Karen Perron of Merovitz Potechin LLP discussing an event they held with Wendy Wagner of Gowling Lafleur Henderson LLP and Ron Caza of Heenan Blaikie LLP on the two recent SCC decisions in Quan v. Cusson and Grant v. Torstar,
After reviewing the decisions themselves, our speakers discussed the impact of the decisions on the daily practice of law in this area. Because a key component of the defence is proving that the journalist/writer was diligent in trying to verify their story, will this now invite a more formal exchange between the media and the subjects of the reports who are, arguably, the potential victims of defamation? Lawyers acting on the plaintiff side are now getting calls from their clients immediately after they are contacted by journalists. What is the best advice to provide to your client in this circumstance? How can you provide an opinion to your client on the merits of his or her case without first proceeding to discoveries to uncover the extent of the journalist's due diligence? Of course, the counterargument is that responsible journalists should always take the necessary steps to verify their stories prior to reporting them in any case, including speaking to the subject of the report. Will this defence actually bring anything new to the manner in which good journalists function? However, will the responsible journalism defence now impact the public's interest to receive news stories in a timely and effective manner? How long should a journalist wait to receive a plaintiff's response in a world where news is a quickly perishable item?
Many other considerations also come into play. How will the defence evolve in light of the fact that the jury has been given the role of determining whether the publisher was diligent in trying to verify the allegations? Also, the defence has not been limited to the media. What effect will this have on bloggers and tweeters? These decisions also introduced the reportage defence, which is an exception to the repetition rule that otherwise holds that repeating a libel has the same legal consequences as originating it. How will the new reportage defence evolve? Will experts be required to testify on whether or not a journalist completed their due diligence? Will a standard of care emerge for journalists?
Good questions. We'll have to watch the case law to find out.
Wikileaks considered a "threat" by US Army
WikiLeaks, the whistle-blowing website that provides confidential and sensitive documents for free to the media, human rights groups and the public, has been deemed a threat by the US Army.
WikiLeaks has been responsible in the past for providing a copy of the Standard Operating Procedures for Camp Delta, the contents of Sarah Palin's Yahoo account, and a membership list of the far-right British National Party which got at least one police officer dismissed, among many other significant stories.
A 2008 document recently posted there, entitled U.S. Intelligence planned to destroy WikiLeaks, states,
The possibility that current employees or moles within DoD or elsewhere in the U.S. government are providing
sensitive or classified information to Wikileaks.org cannot be ruled out.
Plans included trying to shut down the website using a variety of techniques, including exposing their sources to embarrass and intimidate them, and even litigation.
Considering that this document was considered "secret," and presumably came from someone who had access to confidential files, the concerns may be valid. But the appropriateness of the response by the military towards a media channel providing a significant and overwhelmingly positive contribution to issues of public interest is also suspect.
The editors of WikiLeaks note that 2 years have passed without any exposure of their sources, indicating that this response may also be particularly ineffectual. They also point to inaccuracies regarding the editorial control of the site.
Even if the Army was able to shut down WikiLeaks, they concede that the problem is not limited to a single site,
Web sites similar to Wikileaks.org will continue to proliferate and will continue to represent a potential force protection, counterintelligence, OPSEC, and INFOSEC threat to the US Army for the foreseeable future.
Although security interests are pressing and substantial, when a democratic government administration is known to participate in systematic abuses of human rights and widespread violations of international norms, the balance of favour should continue to support sites like WikiLeaks.
How Bigotry Became Respectful
Grant v. Torstar and the defence of responsible communication: implications for bloggers and users of other online media
In the recent decision of Grant v. Torstar Corp., 2009 SCC 61 ("Grant") and its companion case, Quan v. Cusson, 2009 SCC 62 ("Quan"), the Supreme Court of Canada sought to strike a more appropriate balance between freedom of expression and the protection of reputation by creating the new defence of "responsible communication on matters of public interest" (the "Defence"). The Defence allows defendants in libel cases where statements of fact are at issue to evade liability if they can show that they acted responsibly in reporting on a matter of public interest, even if the statements of fact are untrue. Prior to the decision, defendants could not avoid liability in these cases unless they showed that the statement was substantially true (the defence of justification), or that the statement was made in a protected context (the defence of privilege).
Importantly, the Defence applies not only to journalists and print-based publishers – the types of defendants in Grant and Quan – but also to non-journalist bloggers and users of other online media:
[T]he traditional media are rapidly being complemented by new ways of communicating on matters of public interest, many of them online, which do not involve journalists. These new disseminators of news and information should, absent good reasons for exclusion, be subject to the same laws as established media outlets. I agree … that the new defence is "available to anyone who publishes material of public interest in any medium". [Grant, at para. 96]
[Emphasis added]
Although the extension of the Defence to non-journalist bloggers and users of other online media is an important recognition of the growing relevance and legitimacy of these groups, the Defence is – at least currently – unlikely to protect most members of these groups. To gain the protection of the Defence, the defendant must establish two elements: (1) that the publication is on a matter of public interest; and (2) that the publication was responsible, in that the defendant was diligent in trying to verify the allegation. The trial judge will determine the first element. If the judge concludes that the first element is met, the jury will determine the second element, having regard to several factors:
- the seriousness of the allegation;
- the public importance of the matter;
- the urgency of the matter;
- the status and reliability of the source;
- whether the plaintiff's side of the story was sought and accurately reported;
- whether the inclusion of the defamatory statement was justifiable;
- whether the defamatory statement's public interest lay in the fact that it was made rather than its truth; and
- any other relevant circumstances
In assessing whether the defendant was diligent, the jury will be guided by "established journalistic standards":
[M]any actions now concern blog postings and other online media which are potentially both more ephemeral and more ubiquitous than traditional print media. While established journalistic standards provide a useful guide by which to evaluate the conduct of journalists and non-journalists alike, the applicable standards will necessarily evolve to keep pace with the norms of new communications media. [Grant, at para. 97]
[Emphasis added]
This indicates that the same journalistic standard must be applied to every defendant irrespective of whether or not they are journalists. As a result, the Defence will likely not apply to non-journalist bloggers and users of other online media unless they perform the due diligence expected of a journalist in the circumstances.
The problem for many members of these groups is that they are generally not guided by established journalistic norms. Although they may approach online publishing in good faith and with a level of diligence reasonably expected of non-journalists, this level of diligence is unlikely to meet the required journalistic standard. For example, although journalists will generally make a point of seeking the plaintiff's side of the story and speaking directly to witnesses and experts, non-journalist bloggers – who are generally unpaid for their efforts – will rarely have the time, resources, training, or willingness to do so. As one American commentator argues,
blogging and journalism clearly differ. The former 'implies that a disinterested third party is reporting facts fairly' (Andrews, 2003: 64). Blogs are 'unedited, unabashedly opinionated, sporadic and personal' (Palser, 2002) – in many ways, the antithesis of traditional US journalism. Some say that is the best thing about them. 'Journalism is done a certain way, by a certain kind of people,' but bloggers "are oblivious to such traditions" (Welsh, 2003). [Jane B. Singer, "The political j-blogger: 'normalizing' a new media form to fit old norms" (2005) 6(2) Journalism 173 at 176]
[Emphasis added]
Even if a non-journalist blogger or user of other online media does engage in the level of diligence required to meet the journalistic standard, they may unknowingly fail to do so in a way that produces a strong record of evidence from which a court can conclude that they did act diligently. As a result, many of these defendants may simply not have access to the protection of the Defence.
Nonetheless, Grant does not foreclose the possibility that courts will apply a different diligence standard to non-journalist bloggers and users of other online media as the "norms of new communications media" evolve. Although the court isn't clear on this point, these groups might be able to gain the protection of the Defence in future cases even if they haven't performed their diligence in the same way that a traditional journalist would have:
While established journalistic standards provide a useful guide by which to evaluate the conduct of journalists and non-journalists alike, the applicable standards will necessarily evolve to keep pace with the norms of new communications media. [Grant, at para. 97]
[Emphasis added]
Even if the standard applicable to these groups does not shift to allow them to gain the protection of the Defence, juries – who have been tasked with the responsibility for assessing whether the defendant was diligent – may be sympathetic to these groups and apply the journalistic standard less rigidly.
In summary, although the Defence extends to non-journalist bloggers and users of other online media, many members of these groups are unlikely to be protected by the Defence because it requires that they performed the due diligence expected of a journalist. Nonetheless, the law does not necessarily foreclose the possibility that courts will apply a different diligence standard to these groups in future cases, or that juries will less rigidly apply the existing journalistic standard.
Originally posted on Defamation Law Blog
Not All Muslims are Terrorists, But All Terrorists are Not Muslim Either
It's a common refrain in the media, that the threat of terrorism comes from Islamic extremism.
Not true, according to a new study revealed by researchers at Duke University and the University of North Carolina at Chapel Hill, Anti-Terror Lessons of Muslim-Americans, which suggests that only 6% of terrorist attacks on the U.S. are from Muslims.
CNN describes the inclusion criteria used for the study:
To be included on the list, an offender had to have been wanted, arrested, convicted or killed in connection with terrorism-related activities since 9/11 — and have lived in the United States, regardless of immigration status, for more than a year prior to arrest.
The study also notes that strong partnerships and support of Muslim institutions are necessary to prevent the radicalization of Muslims. To date, we've often have initiatives that accomplish the opposite. Muslim terrorists also had very little to do with Islam,
This research confirmed what has been observed in other studies of Muslim terrorists: most of those who engage in religiously inspired terrorism have little formal training in Islam and, in fact, are poorly educated about Islam. Muslim- Americans with a strong, traditional religious training are far less likely to radicalize than those whose knowledge of Islam is incomplete.
The implications of the findings also suggest there is disproportionate attention by the media and security officials on threats that are comparatively negligible, which may actually accentuate this specific risk over time.
Placed in context with data over the past 30 years, we get a very different picture (graph sent to us by a reader):


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Marinate sirloin in tamari with 1 teaspoon ginger, the garlic, 1 scallion, and the red-pepper flakes. Meanwhile, bring a large saucepan of water to a boil. Cook remaining scallions with the carrots and cabbage until crisp-tender, about 2 minutes. Transfer to a plate using a wire-mesh skimmer.
Heat a medium-heavy skillet over high heat; add 1 teaspoon oil, and sear sirloin, 1 to 1 1/2 minutes per side. Transfer to plate. Return skillet to medium heat, and add remaining 1/2 teaspoon oil and 2 teaspoons ginger. Cook until sizzling. Stir in rice and 1/2 teaspoon salt. Stir in scallion-sirloin mixture and any juices. Add water, and cook, covered, until rice is heated through and sizzling, 7 to 8 minutes.
Uncover, and make 4 indentations in the rice with the back of a spoon. Crack 1 egg into each, and cook, covered, until whites are set but yolks are still runny, about 4 minutes. Stir eggs into rice.


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SPMG 4001 - Field Experience II, 1 Credit
Prerequisite(s): SPMG 1123 with D or better and SPMG 3001 with D or better
Level: Lower
This course encompasses a semester of supervised, hands-on experience working in the field of sport management. A minimum of 45 hours of work throughout the semester is required. At the end of this internship the student will produce a four-page paper outlining their evaluation of their career future.


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Over at Salon, Alex Pareene has compiled a compelling and entertaining list of the top 30 media hacks of our time, and he has been doling them out on a daily basis with the top ten due to drop on Wednesday (maybe now while you are reading this! Exciting!)
As of this writing (up to #11, George Will), so far so good. However I'm kind of surprised that D-lister SE Cupp made the cut although I'm sure she is thrilled to be noticed at all seeing as she is such a grasping climber who seems to believe that people will mistake her on-camera twinkling for brightness. Close but no cigar (she smokes them!) since somebody else is already working the bespectacled, balls-bigger-than-their-boobs, outdoorswoman schtick to death, albeit with diminishing returns.
While Susan, who works the I Cover the McMeganfront beat, pulls for her gal to come out on top, I'm going to have to go with Mark Halperin, the consistently wrong-headed dispenser of conventional wisdom. It takes a special kind of alchemy to distill banalities down to an almost narcotizing purity. Reading Halperin is almost like having blackout, but without the where-am-I-and-why-am-I-naked-from-the-waist-down afterglow.
Also. Too. I'll be disappointed if Byron York doesn't make the list. Anyone who honestly believes that they attained greater credibility by leaving the National Review for the Washington Examiner deserves some kind of special recognition for being, well, special.


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UTSA Sports
E-N coverage of the San Antonio institution.
Yearly Archive for 2011
UTSA 60, McNeese 58, 3:36 2nd
This is getting redundant. For the seventh time in the last seven minutes, the Cowboys answer a UTSA bucket with one of their own. Patrick Richard drives inside for a layup to counter Stephen Franklin's 3-pointer, after which McNeese capitalized on Melvin Johnson III's travel with a difficult pull-up 3 from Diego Kapelan. Johnson will […] [Read More]
UTSA 57, McNeese 53, 5:03 2nd
Same story: UTSA opens up a six-point lead on Jeromie Hill's short jumper, and McNeese answers right back with a contorting drive from Dontae Cannon to keep the Cowboys in it. The Roadrunners will have possession when play resumes. [Read More]
UTSA 53, McNeese 49, 6:54 2nd
The Roadrunners just can't put any distance between them and McNeese. The Cowboys are answering everything they're doing. Jeromie Hill hits another 3; Diego Kapelan follows with a contested jumper. Larry Wilkins gets a putback; P.J. Alawoya gets one of his own. Seems fitting in light of how evenly matched these teams are today. Kapelan […] [Read More]
UTSA 48, McNeese St. 45, 9:07 2nd
Jeromie Hill's third 3-pointer of the game gave the Roadrunenrs their largest lead at 48-41, but consecutive putbacks by P.J. Alawoya bring the Cowboys back within three. Not surprisingly, both came with Larry Wilkins and Stephen Franklin sitting on the bench. Really hurtful as the Roadrunners forced back shots on both possessions but were unable to […] [Read More]
UTSA 43, McNeese St. 37, 11:43 2nd
The Roadrunners continue to control the lead, but they've blown some great chances to build some cushion. Melvin Johnson III and Sei Paye have missed wide-open 3s — Paye's was an air ball — that would have given UTSA an eight- and nine-point lead, respectively. Another potential problem — Larry Wilkins, who (as usual) is […] [Read More]
UTSA 38, McNeese St. 34, 14:35 2nd
Devin Gibson has quickly atoned for his poor first half, scoring four points and drawing two foul shots that he'll take when play resumes here early in the second half. He's already made two free throws in the period and is looking much, much more assertive. [Read More]
UTSA 30, McNeese St. 28, halftime
UPDATE UTSA SID Kyle Stephens told me that Devin Gibson, who just struggled through a nightmare half, isn't suffering any lingering problems from the head shot he took early in the first half. /// If I told you Devin Gibson would have 2 points, 2 rebounds and no assists at halftime, and the Roadrunners would […] [Read More]
UTSA 30, McNeese St. 28, 1:01 1st
Melvin Johnson III's turnover puts the Cowboys in transition, where Patrick Richard powers his way for a layup while being fouled. He'll shoot a free throw when play resumes. Transition defense has been an issue for the Roadrunners today. Should Richard sink his freebie, the Cowboys will have 10 fast-break points. That's what's keeping them […] [Read More]
UTSA 30, McNeese St. 26, 2:20 1st
Melvin Johnson III's first basket of the game, a 3-pointer in transition, gives the Roadrunners a four-point lead. It was a much-needed hoop for the sharpshooter, who had air-balled a wide-open look on his last 3-pointer. Timeout, Cowboys. [Read More]
UTSA 18, McNeese St. 16, 7:11 1st
The Roadrunners continue to lead despite minimal contributions from Devin Gibson and Melvin Johnson III. Gibson, the tournament's leading scorer, is 0 for 3 with no assists while Johnson is 0 for 4. Still, the'yre getting solid play from just about everybody else (third-string point guard Kalif Bakare: 2 points and 3 assists!?!) and they're playing […] [Read More]
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If the game freezes, just click inside it (games can get unresponsive if you click elsewhere on the page).
This game was made for free to support UK's Red Nose Day (UK March 16th 2007). Rotate the pipes so that they connect from the pump to the crops and animals before the time runs out. Watch out for spillages, and don't forget to pump the water to get it moving. Another award winner from Matmi, with over 70,000 views within the first 48 hours!


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August 4, 2015
NEW YORK (AP) - Call it ladies night: Beyonce and Carole King are joining Oprah Winfrey and Alicia Keys at Keys' annual Black Ball event.
Beyonce and King will perform at the fundraising gala for Keys' charity Keep a Child Alive on Nov. 1 at New York's Hammerstein Ballroom. The night will honor Winfrey and Beninese singer Angélique Kidjo for their philanthropic efforts. Keys, Kidjo and rock group Alabama Shakes will also perform. Whoopi Goldberg will be the night's emcee.
In a statement Keys says King has "blazed the trail for women in the music industry," adding about the rest of the line-up: "women will be rocking the house this year."
Keep a Child Alive assists people affected by HIV/AIDS in Africa and India. The R&B singer launched it in 2003.
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