text:
PRESS-ENTERPRISE CO. v. SUPERIOR COURT OF CAL.
- 1980-1989
Legal provision: Amendment 1: Speech, Press, and Assembly
Chief Justice Warren E. Burger: We will hear arguments next in Press-Enterprise Company against Superior Court of California, Riverside County.
Mr. Ward, you may proceed whenever you are ready.
James D. Ward: Mr. Chief Justice, and may it please the Court, this is a closure case involving specifically the issue of closure of the voir dire proceedings in a capital case.
The questions presented here confront the Court with the rules involving access to the courtroom by the public and the press.
Unidentified Justice: I want to be sure not to misunderstand you.
You said in a capital case.
Your presentation, your submission is not limited to capital cases, or is it?
James D. Ward: The case below was limited--
Unidentified Justice: Yes.
James D. Ward: --to a capital case, and the--
Unidentified Justice: But--
James D. Ward: --the trial court was... and the courts below have been utilizing the authority of a case which dealt with the interrogation of the jury in a capital case.
The problem has only arisen thus far in capital cases.
Obviously, we would be happy with the pronouncement that affected the voir dire in all sorts of criminal cases, Mr. Chief Justice.
We are in fact asking the Court to clarify that the right of access to establish that that right of access applies to the jury selection process generally.
We are asking this Court to pronounce that the California Supreme Court case of Hovey versus Superior Court should be construed and applied consistent with the right of access.
Unidentified Justice: --Well, we can't actually do that for you, can we, Mr. Ward?
We can't announce how the decision of the Supreme Court of California should be construed.
The Supreme Court of California is the final authority on that.
James D. Ward: Justice Rehnquist, the Supreme Court of the state of California pronounced a rule in this case as to the method of selecting jurors in capital cases which has been, in our opinion, misinterpreted by the trial courts of our state in a way that has impacted upon our constitutional rights.
It would be our position that this Court could most assuredly pronounce that the case should not be interpreted to impact upon our First Amendment rights.
Unidentified Justice: We could certainly say that if it were so construed, it would have an impact on your rights, I suppose.
James D. Ward: I believe we are saying the same thing, Justice Rehnquist, in a different... at least I am attempting to do so.
The defendant in the case below was found guilty and sentenced to death in connection with a rape and murder.
During the trial, the court closed the proceedings during six weeks of voir dire proceedings.
The transcript of the six weeks of voir dire was sealed by the court.
Three times the petitioner attempted to seek access to the proceedings.
On the first occasion, in October of 1981, prior to the commencement of the jury selection process, petitioner made an oral and written motion to allow the public access to the voir dire proceedings.
We did so because we had faced this issue before in other departments of the same court.
The courts in our county and indeed in the state of California had been closing the courtroom during the voir dire as a result of the case of Hovey versus Superior Court handed down by the California Supreme Court.
Unidentified Justice: But doing it only in capital cases?
James D. Ward: To our knowledge, the problem only arose in capital cases.
We have had a reference to the possibility of the use of the same procedures in other cases, but we have no knowledge of those instances, Justice Brennan.
The... We contended then, as we contend now, that the case of Hovey versus Superior Court did not require closure in order to carry out the mandate of the California Supreme Court in this regard.
We argued that to the court on October 19th, 1981, and at the conclusion of the hearing, the court made some comments which appear in the record and in the joint appendix.
Those comments were generally to the effect that the court believed that the general voir dire should remain open, and that the death-qualifying voir dire should be closed.
However, the court went on thereafter, after the entreaties of the defense counsel, to indicate that there should be other portions of the voir dire that would possibly be closed.
The court expanded its thoughts slightly and said that he would conduct individual voir dire with regard to death qualification and
"any other special areas that counsel may feel some problem with regard to. "
The court went on to say that regarding individual voir dire, the court
"reserved jurisdiction to permit something further than death qualification. "
The court then proceeded to the selection of the jury as indicated with three days, three days of open voir dire and six weeks of closed voir dire.
Unidentified Justice: Is that fairly typical in capital cases in California?
James D. Ward: Unfortunately, Mr. Chief Justice, the length of time for selecting of juries has grown by leaps and bounds in California.
Unidentified Justice: I take it California lets the lawyers do it.
James D. Ward: That is correct, Your Honor.
The fact of the matter is, counsel's... respondent's brief referred to one case, a case in which we petitioned for cert to this Court, involving selection of a jury involving six months.
That is the most extensive one that we know of.
And I might add in that case the voir dire in its entirety was closed, in its entirety.
However, in that case the transcript was released following the voir dire process.
At the conclusion of the jury selection in this case, petitioner again filed a written motion with the court, this time requesting the transcript of the closed proceeding.
At the hearing, the court admitted that the responses of the jurors were, to use the court's words, "of little moment".
But then the court refers to some of the answers being "sensitive" so far as publication is concerned.
At the conclusion of the argument, the court verbalized that
"the right of privacy of the jurors. "
to use the court's words,
"should prevail, and that the public's right to know. "
to use the court's words, was limited.
On that basis, petitioner's request for access to the transcript was again refused.
Unidentified Justice: Neither of those rights are in the Constitution, are they, either of them, the juror's right to privacy or the public's right to now?
James D. Ward: I agree with that, Justice Rehnquist.
On the third occasion, on February 23rd, 1982, after the defendant had been tried, convicted, and sentenced to death--
Unidentified Justice: Did you agree there is no right to know in the Constitution?
James D. Ward: --I am sorry, Justice Stevens.
That was... I perhaps was a bit quick with my answer.
Unidentified Justice: I think you might as well sit down if you agree with that.
0 [Generallaughter.]
Will you read the passage that tells us that?
Or cite it to us?
James D. Ward: I cannot, Justice... Mr. Chief Justice, at this point in time, cite the passage from the Constitution.
I think we are not, fortunately or unfortunately, concerned with the utilization or the use of the words "right to know".
It was a passage utilized by the court during the explanation of its rationale for having closed the courtroom, and I was only referring to its utilization of terms which were perhaps inappropriate in the circumstances, for instance, calling upon a right of privacy, which separately is undefined, or at least ill-defined as it pertains to jurors at this point in time.
On the third occasion when we tried to secure access, we made an ex parte motion to get the release of the transcript, and once again, the court refused.
At that time the court indicated that most of the information was "dull and boring", and some of the jurors had, to quote the court,
"some special experiences in sensitive areas that do not appear to be appropriate for public discussion. "
When the Court of Appeal in California and the Supreme Court of California refused our petitions, we came to this Court on certiorari.
The voir dire proceedings is, of course, what we are concerned with here.
The respondent in its briefs has conceded that the voir dire is a part of the trial.
This acknowledgement by the respondent does not, of course, eliminate the issue.
The trial courts in California have been closing the voir dire, as previously indicated, ignoring the admonitions of this Court regarding the right of access to public proceedings.
We feel that it is necessary for this Court to make a firm pronouncement that the principle set forth in Richmond Newspapers, reaffirmed in Gold Newspaper, apply to the proceedings in connection with the selection of the jury.
We would point to the fact that the voir dire, as with the evidence taking portion of the trial, has been historically an open process.
We would--
Unidentified Justice: You would think, I gather, that your First Amendment right would be satisfied even if you were excluded from the voir dire proceeding itself if a transcript of that proceeding were made available to you?
James D. Ward: --No, Justice Brennan, we would not be satisfied with exclusion from the proceedings itself.
The transcript is, at best, a second best alternative.
Functionally, all of the reasoning of this Court that has been applied to the value of the open trial process applies specifically to the open voir dire process as well.
In order for the court below to close the courtroom in such circumstances, of course, the court should have articulated on the record findings that absent closure there was a substantial probability of irreparable harm to a compelling interest, that no less restrictive alternatives to closure were available when closure would effectively protect against the perceived harm.
Petitioner feels that the remarks of the court and the brief statement in the one written minute order were inadequate to constitute articulated findings in this regard.
More particularly, it is our contention that there was no compelling interest which under any circumstances would justify closure in this case.
Respondents advance two rationales.
One is the Hovey decision, and second, the rights of juror privacy.
As to the Hovey decision, it is strongly our contention that the Hovey case does not call for closure.
Hovey versus Superior Court was a decision of the California Supreme Court which, so far as it pertains to these proceedings, involved the interrogation of prospective jurors in a capital case.
The Hovey mandate was decided based upon a single study by an assistant professor of psychology of a group of some 67 persons who viewed films of simulated voir dire proceedings.
This was not a study of the impact of the public and the press upon the venire.
There is no mention of that in the study nor in the opinion itself.
It was a study of the impact of the answers of the venire persons one upon another.
The study concluded that members of a venire in such a case were impacted by the procedures then in use in California, and there was a tendency to create a predisposition in those jurors towards capital punishment.
Accepting the findings of the psychological study as sound, the California Supreme Court mandated that all courts in the state during the death qualifying questioning of jurors should question those prospective jurors, to use the court's words, "individually and in sequestration".
The court, however, made a clear statement in the opinion that the ruling should not impact upon the openness of the trial.
The public defender of the state of California has filed an amicus brief in these proceedings.
The public contender contends, as we do that the Hovey decision does not require court closure.
The public defender was, of course--
Unidentified Justice: May I ask you, Mr. Ward, are you going to argue that there are no circumstances under which there may be closure of the voir dire?
James D. Ward: --I would not espouse an absolute rule.
I believe that one could perceive of circumstances where it would be necessary, and I held this Court has so--
Unidentified Justice: Well, how do you suggest there be an inquiry into those circumstances, whether or not there are such circumstances?
James D. Ward: --I believe that a hearing would has to be held giving a reasonable right to the public and press to--
Unidentified Justice: Initiated how?
James D. Ward: --That's a problem of great difficulty that this Court has, I think, faced before.
It is a matter of notice, and the right of the court control its own process.
Unidentified Justice: I mean, notice to whom?
To the press?
James D. Ward: Notice to the public and press.
Unidentified Justice: In general, what criteria do you have in mind?
James D. Ward: As to the notice?
Unidentified Justice: No, not the notice, the substance of the inquiry.
James D. Ward: The substance of the inquiry, it would strike me as, it would be strictly as to the necessity and the application of the rules laid down by this Court as to closure, and the inquiry would go simply to the requirement of the court under the given circumstances to look to any closure.
Unidentified Justice: Who would have the burden of proof?
James D. Ward: The burden would be on those seeking closure.
Unidentified Justice: And by what standard of proof?
James D. Ward: I think that the--
Unidentified Justice: Clear and convincing?
James D. Ward: --I would believe that clear and convincing would be the appropriate standard, because we are dealing with the First Amendment right of access.
The... As I say, the Court in Hovey indicated that--
Unidentified Justice: I gather you would argue, Mr. Ward, that the presumption should be that the voir dire should be open.
James D. Ward: --Yes, most assuredly, Justice Brennan, and for a very elemental reason.
When one looks at voir dire as, if you wish to distinguish voir dire from the evidence-taking portion of the trial, the voir dire is the time when the public is involved in the process directly.
It is, after all, the time that the members of the public are chosen at random to serve on the jury and act as the triers of fact.
It is indeed the most public part of the trial.
The voir dire by its very nature is a public process.
Only until we were confronted with a ruling such as Hovey versus Superior Court was it anything else.
It couldn't even be conceived of as being closed under the previous procedures, because the public came into the courtroom to select from the public who was going to be the trier of fact.
So it is apparent to us--
Unidentified Justice: You do have a problem that some states don't take six months to pick a jury.
James D. Ward: --Well, that's quite true, Justice Marshall.
Unidentified Justice: How would you accommodate that?
James D. Ward: I don't think, however, that the presence of the public is the reason for the six months or for any lengthy interrogation.
Unidentified Justice: I see.
James D. Ward: Perhaps it lies, although I hesitate to say so, with the fact that lawyers do the interrogation.
Perhaps it lies with the decisions of the California Supreme Court in the breadth of questioning that they permit.
But there is no suggestion or no rationale which would suggest it is because of the presence of the public.
Unidentified Justice: It would make no difference to you whether it was ten minutes, a half an hour, or six months?
James D. Ward: It would make no difference whatsoever, Justice Marshall.
Despite the clear statement--
Unidentified Justice: Mr. Ward, can I ask this question?
I haven't read the Hovey opinion.
I have looked at it, but it is awfully long--
James D. Ward: --I agree.
Unidentified Justice: --and I don't pretend to have even begun to have read it, but if the substance of what the California Supreme Court suggests, and as I say, I don't really know whether this is true or not, is that the public... the conduct of the voir dire in public and press attention to the voir dire would somehow tend to make the jury more prone to impose the death penalty than otherwise, if that is in essence what they are saying, would that be a valid reason for closure?
James D. Ward: Well, I can't go with the supposition in the first place, Justice Stevens.
That isn't precisely what the court said.
The court said that because of the impact of the venire persons observing the conduct of the other venire persons when they were interrogated on the death penalty, that there was a predisposition created by these circumstances, and therefore the court reasoned that it would be best if they be questioned individually.
Now, the unfortunate word usage was "and in sequestration", suggesting, we believe, and as the public defender believes, that you could... you should have the questioning done individually, and one juror at a time, but there is no reason to take that outside the--
Unidentified Justice: Let me take it a step further.
I didn't mean to suggest that they in fact had so concluded, but say the legislature, let's say, had a series of hearings on whether... what to do about the voir dire problem.
They are too long.
Should we close them or not?
And they came up with a statute that had findings in it and said, we are persuaded by everything, with all these studies and all the rest of it, on the facts, that the public conduct of a voir dire plus all the press attention given to the selection of a jury during this period in a capital case will tend to make the jury more willing to impose the death penalty.
Would that be an adequate basis for closure?
James D. Ward: --One would have... if one could follow all of those suppositions, I would assume that if we were convinced that the process created a predisposition towards the death penalty, one would have to consider it a compelling reason to consent to closure, but I can't agree, of course, with any of the--
Unidentified Justice: As a matter of fact, you don't think such a showing has yet been made?
James D. Ward: --Oh, absolutely not, Justice Stevens.
The clear statement of the court was a problem... rather, the clear statement of the court in the use of the word "sequestration" was a problem to the trial courts in California, and their interpretation of this was spotty and mixed.
The courts below attempted at times to close only the death qualifying questions, at times close the entire voir dire, and at times did not close it at all.
The fault, perhaps, is in the--
Unidentified Justice: Mr. Ward, do you think that prospective jurors do have any rights concerning questions that may be of a very personal or private nature to have the process closed that have to be considered by the trial court?
James D. Ward: --Assuming for the moment, Justice O'Connor, that there is some right of the juror to refrain from responding to a question for whatever reason similar to the ones that you may have posited there, the fact remains that I can conceive of no circumstance why it would be necessary to close the courtroom in order to solve that problem for the juror, because there are reasonable alternatives available to the court to avoid any damage to any perceived right of the juror in those circumstances.
Unidentified Justice: Such as what alternatives?
James D. Ward: The most obvious being, of course, that the court could excuse the juror before invading any perceived right of privacy, because the defendant has the right to a fair and impartial juror and a fair and impartial jury, but not to a specific juror.
It is a process of random selection in any event, and it is a matter, even as respondent's brief has pointed out, is a matter of chance as to whether one is called to the venire, or sits in the box.
I submit that a juror with a perceived privacy problem is no different than a person who has an illness or for some particular reason, is going to have an operation the following week and cannot sit on the trial, or has some physical infirmity or disability.
There is no reason to retain a juror whose rights would be potentially offended by the questioning, but the point remains that the process can remain open, because the defendant's Sixth Amendment desire to have a fair and impartial juror and a fair and impartial jury are the same rights espoused by the public and the press under what we believe their First Amendment right of access to be.
They wish to see the process accomplished in the same way.
Unidentified Justice: Mr. Ward, in some systems, as you no doubt know, a jury in a criminal case is put in the box and sworn within an hour, sometimes 30 minutes, sometimes 15 minutes.
Now, generally, that is accomplished by way of rather comprehensive questionnaires filled out by the jurors in advance which are available to counsel on both sides, and of course to the court.
Would you say that questionnaire must be available to the press, since it is in effect part of the process that is at issue here?
James D. Ward: It would be my position, yes, that the questionnaires, being part of the process, should be available to the press, but if I may elaborate on that, Mr. Chief Justice, I believe that the use of questionnaires is one of those less restrictive alternatives that could help us avoid the problem with the juror and yet permit the public access to the proceedings, because I submit that if we are dealing with a case, one of the more common sensitive areas with which we are concerned is, for instance, sexual preferences, and if the questionnaires were directed in such a way to elicit from jurors whether any of them harbored any feelings or had any problems in these areas, it could be resolved short of offending any juror's rights in that regard, and we believe that questionnaires is indeed one of the very viable, less restrictive alternatives that would be available to the court.
Unidentified Justice: But if it is available, if, as you say, that questionnaire should be available to the media, then where is the protection of the privacy?
James D. Ward: The protection arrives, Your Honor, in connection with the use of careful questioning, and the judge at the trial level controlling the court can see to it that the questioning does not offend areas of potential privacy or sensitivity if they exist.
Unidentified Justice: I take it, Mr. Ward, whether the system is of individual interrogation or of the venire as a group, all you are asking is that the press be allowed to be present.
James D. Ward: Absolutely, Justice Brennan.
We believe that the public and press should be present during the procedure, and we see no reason why that should be inconsistent with Hovey.
Unidentified Justice: Well, I can remember interrogating prospective jurors in chambers with just counsel present, and your suggestion would be there also ought to be present at least the press.
You can't very well allow the... accommodate to many of the general public.
James D. Ward: We would find inappropriate the interrogation of jurors in chambers.
Unidentified Justice: Inappropriate?
James D. Ward: Yes, Justice Brennan.
We believe it is part of the open process.
The fact of the matter is that the--
Unidentified Justice: Mr. Ward, would your supposed rights extend beyond voir dire and into, for example, the plea bargaining process between the prosecutor and defense counsel?
James D. Ward: --We make that... We do not make that suggestion at this time, Justice O'Connor.
Unidentified Justice: You are saving that for tomorrow?
James D. Ward: Yes, Your Honor.
0 [Generallaughter.]
I will be back.
No, I... we do not make such a suggestion at this time.
The fact is, though, that the Hovey decision potentially is being read by the courts as calling for closure, and in fact I would add parenthetically that the Supreme Court of the state of Kentucky so interpreted the case in a recent, very recent decision where it said that the defendants in the state of California have the right to a closed voir dire.
Now, if the case is read that way, it violates this Court's decision in Globe, because it is then a mandate requiring closure, and we submit that this case, Hovey versus Superior Court, is no different than a statute such as the type that you interpreted, the Massachusetts statute in the Globe case.
Unidentified Justice: Of course, to say that Globe controls, you have to show that this is really part of the trial, don't you?
James D. Ward: We would contend fervently that it is a part of the trial, Justice Rehnquist.
Unidentified Justice: Well, how do you define trial for that purpose?
James D. Ward: Well, the trial in the appellate courts of the state of California has been defined... has been defined as commencing with the selection of the jury.
We also are enamored with the reasoning of U.S. versus Brooklier in the Ninth Circuit, where they held specifically that the voir dire was a part of the trial process, but I would point out, if I may, that whether you define the trial as commencing with the beginning of the selection of the jurors or as of the time of the calling of the first witness, you look to the reasoning for openness, and the rationale for openness of Richmond, which applied to the evidence-taking of the trial, evidence-taking portion, we believe applies equally if not more forcefully in the voir dire.
Unidentified Justice: Well, suppose in this case instead of it being voir dire, it had been a motion the day before it was set for trial for a continuance, at which both sides were going to present witnesses, and then the trial judge felt there was a fair amount of reason for closing that because the witnesses might touch on some sensitive matters.
Now, would you feel that under the principle that would be announced in the Globe case or in this case, you could claim that that was part of the trial?
James D. Ward: Not necessarily.
We are not dealing here, of course, with pretrial publicity as a problem.
We are dealing here with, of course, the selection of the jury as a part of the process, which we contend that it is.
Unidentified Justice: Well, would you say that a motion for a continuance the day before the jury was scheduled to be empaneled would also be what you call a "part of the process"?
James D. Ward: We are not prepared at this time to indicate that all of the proceedings which go on prior to the... prior to the commencement of the jury selection are a part of the trial.
Unidentified Justice: When you say, we are not prepared to do it at this time, it is sort of an unsatisfactory answer.
What do you really think about it?
It is not whether you are arguing it today.
It is how do you analyze it.
James D. Ward: All right, Justice O'Connor, I am sorry.
You are quite right.
It is a very fair question and comment.
My position would be that openness should prevail.
I would like to reserve--
Unidentified Justice: We got into that in Gannett, didn't we?
James D. Ward: --Pardon me, Justice Blackmun?
Unidentified Justice: I say, in the Gannett case, we certainly got into pretrial material.
James D. Ward: Certainly, Justice Blackmun, you did get into it in the Gannett case, which... it was approached from the Sixth Amendment analysis, and we are not, of course, in this case claiming any Sixth Amendment right of access.
As you are well aware, in Gannett, you did not get to the First Amendment right of access at that time.
If I have any additional time, I would like to reserve it.
Unidentified Justice: I suppose the whole case could go off just on whether this is part of the trial or not.
If this is part of the trial, Richmond governs, and if--
James D. Ward: No, I think not, Justice White, because I think that the--
Unidentified Justice: --Well, you do submit it is part of the trial.
James D. Ward: --I do submit that it is part?
Oh, we definitely believe that under California law the voir dire--
Unidentified Justice: If we agree with you, wouldn't Richmond control?
James D. Ward: --Absolutely.
But even if anyone should be persuaded or convinced that it is better to think of the trial as commencing with the first witness, nonetheless--
Unidentified Justice: Well, if it isn't part of the trial, then we have to consider the relationship of Gannett and Richmond.
James D. Ward: --Yes, that's true, so let's keep as part of the trial.
0 [Generallaughter.]
Thank you.
Unidentified Justice: In California, does the trial be with the jury selection for all purposes, for example double jeopardy?
When does double jeopardy begin under that opinion?
James D. Ward: Double--
Unidentified Justice: When does jeopardy attach, not double jeopardy?
James D. Ward: --Jeopardy attaches with the commencement of the taking of testimony, but the test there, Mr. Chief Justice, is significantly different.
You are dealing with the right of an individual, and when does jeopardy apply, and that could be rationale to involve the--
Unidentified Justice: Yes, I know, but your previous statement was that a trial commences with the select of the jury.
It does for these purposes of this case.
James D. Ward: --Yes.
Unidentified Justice: That is your contention.
James D. Ward: That is correct.
If I have any additional time, I would like to reserve it.
Chief Justice Warren E. Burger: Very well.
Mr. Salter.
Glenn Robert Salter: Mr. Chief Justice, and may it please the Court, this case presents a situation which calls for the delicate balancing of three fundamental interests, the Sixth Amendment right of a defendant to a fair trial, the First Amendment right of the press to gather and report the news, and the First Amendment and penumbral rights of the prospective jurors to a right to privacy.
The issue as we perceive it is not whether there is a right of access by the public to voir dire proceedings.
Rather, we see the fundamental issue to be the extent of the juror's right to privacy.
Unidentified Justice: Are you talking, Mr. Salter, about a juror's right to privacy guaranteed by the federal Constitution?
Glenn Robert Salter: Yes.
Unidentified Justice: What provision of the United States Constitution do you think guarantees a juror's right to privacy?
Glenn Robert Salter: The right to privacy is not specifically enumerated in either the Constitution or in the Bill of Rights.
However, this Court has interpreted that there is a right to privacy that goes even beyond, has roots even deeper than the bill of rights, and we take that right to privacy and we say that an individual has an inherent right to privacy.
Unidentified Justice: And what cases from this Court do you rely on for that proposition?
Glenn Robert Salter: I think we cited several in the brief, for instance Griswald, the Griswald case.
Unidentified Justice: Could a juror refuse to answer a judge's question on the voir dire on the grounds that it would violate his right of privacy?
Glenn Robert Salter: I believe our position would be, yes, he would have that right.
Unidentified Justice: And do you think a judge would... do what?
Glenn Robert Salter: We had a case in California that just went up on appeal.
A decision came out about I'd say two to three months ago.
Unidentified Justice: Would you raise your voice a little bit, counsel?
Glenn Robert Salter: I am sorry.
The case was, I believe, Bobb versus Municipal Court, in which a prospective juror, an attorney, as it turned out, refused to answer a question, and she was held in contempt by the court, and the Court of Appeals determined that in her particular case, her refusal was appropriate.
Unidentified Justice: What was it, Fifth Amendment?
Glenn Robert Salter: No, she was--
Unidentified Justice: I think we are too... I am responsible for it, but I think we are too far afield, aren't we?
Glenn Robert Salter: --Well, I think the question is appropriate, though, because her response really was, you are asking the male jurors questions as... you do not ask them what their spouse does, but you ask the female jurors what their husband's occupation is, and she says, that violates my rights, and I am going to refuse to answer, and the Court of Appeals held that she had that right.
Unidentified Justice: You mean, you have the right of privacy not to tell your husband's work?
Glenn Robert Salter: It was not a right to privacy issue.
The issue was--
Unidentified Justice: I didn't think so.
Glenn Robert Salter: --the fact that she could refuse.
Unidentified Justice: I am asking for the right of privacy point.
Some juror says, under my right of privacy, you don't have a right to question me.
Glenn Robert Salter: I believe... I am unaware of any case which has supported that, but I believe that a juror would have that right.
Unidentified Justice: I would hate to see somebody try.
I mean, I don't understand how you get the juror's point into this as a First Amendment right.
I don't... it just--
Glenn Robert Salter: Well, we start with the--
Unidentified Justice: --Suppose in the middle of a trial, we have a case here in this Court where a juror was drunk.
Could that juror say, you can't question me because it would violate my right of privacy?
Glenn Robert Salter: --If the juror was drunk, he would probably be released on the grounds of being an incompetent juror.
Unidentified Justice: I mean, could he say, you can't question me?
Don't you violate my privacy?
Glenn Robert Salter: He would have to have some basis for it.
Unidentified Justice: What?
Glenn Robert Salter: He would have to have some basis for refusing to respond to the--
Unidentified Justice: Other than privacy?
Glenn Robert Salter: --No.
Unidentified Justice: He could say privacy, then.
Glenn Robert Salter: Yes, I believe he could.
He would, however, have to have some basis for that right to privacy.
He could not simply say, I am not going to answer based on privacy unless--
Unidentified Justice: Well, that's all you're telling me.
Glenn Robert Salter: --No, I don't believe so.
What we are saying is, for instance--
Unidentified Justice: Justice Rehnquist asked you, where was it in the Constitution.
Glenn Robert Salter: --Let me give you--
Unidentified Justice: I am asking you, where is it any place?
Glenn Robert Salter: --Let me give you an example.
Let's assume that the question, and it is a question which probably came up in the very case we are dealing with, how did you vote on a particular issue, that being the death penalty issue.
That issue has been on the ballot in the state of California.
I think a defendant has a legitimate right in asking that question.
I also think that a juror could legitimately say, I'm sorry, but the ballot box is secret, and you cannot compel me to answer that particular question.
Unidentified Justice: So how do they decide that?
Or is that why the voir dires take six months in California?
0 [Generallaughter.]
Glenn Robert Salter: Part of the reason that voir dire has taken so long is because of the very recent case of People versus Williams.
That case held that you may ask questions which legitimately could give you grounds to use your peremptory challenges, and so it allows you to go into areas that prior to that you could not... were supposedly not allowed to go into in the state of California.
You could really only ask questions dealing with... going to the issue of cause.
But they expanded that and said very specifically, you can ask questions which are reasonably related to a peremptory challenge, and that would include issues dealing with sex, race, religion, politics, anything which was reasonably related to the particular case at hand, and that is in large part the reason that the one case that Mr. Ward referred to went five months.
Unidentified Justice: May I ask if the voir dire in this particular case is in the record before us?
Is it available to us?
Glenn Robert Salter: The voir dire was not made available.
Unidentified Justice: Have you examined it?
Glenn Robert Salter: No, I have not.
I did not feel that was any of my business.
Unidentified Justice: So you didn't participate in the trial then?
Glenn Robert Salter: No, I did not.
Unidentified Justice: Because I was just wondering if there is any way to find out what percentage of this massive inquiry really involved confidential matters, or privacy matters, however you want to describe them.
Glenn Robert Salter: What occurred was that they held three days of general voir dire, asking the typical voir dire questions.
Unidentified Justice: I understand.
We are most interested in the rest of it.
Glenn Robert Salter: But then, after that, issues which dealt with matters of privacy, sexual relations, race, religion, politics, those questions were then reserved for that part of the voir dire which was held privately.
Unidentified Justice: Are you suggesting that the entire off the record voir dire or whatever it is involved these matters that would not normally be conducted in open court?
I had the impression that maybe 3 or 4 percent of the questions involved something fairly sensitive, but the rest of it was fairly routine.
But are you telling me everything in this massive examination is sensitive?
Glenn Robert Salter: Not having read it, I could not tell you.
I can only tell you that the trial judge held those matters in private according to what's in the transcript, and so that those matters were dealt with.
Unidentified Justice: Do you know of any case before this Court that we were denied the right to see what we were passing upon?
Glenn Robert Salter: No, I am unaware, Your Honor--
Unidentified Justice: Including the Pentagon Papers?
But we can't see this?
Glenn Robert Salter: --Certainly, I am sure we can make that available.
It is about 4,000 pages, and we can certainly make it available to the Court if the Court wishes to see it.
Unidentified Justice: I don't wish to see it.
I just want to know why it is--
--Why you can't.
Yes, that's right.
Glenn Robert Salter: No, it was... when the appendix was put together--
Unidentified Justice: So the answer is, we can see it.
Glenn Robert Salter: --it was the joint decision by counsel to include what was included.
It was not intended in any way to deprive this Court of seeing any information that it thought was relevant or that it needed to see, and we would certainly be more than willing to make it available, sealed in the manner in which the trial court ordered that it was sealed.
Unidentified Justice: Was it printed for the appeal to the California Court of Appeals?
Glenn Robert Salter: A transcript was made of it, and it was under seal, and it was distributed to counsel who would deal with the matter on appeal, but any references to that transcript are, according to the trial court's order, to be done in a confidential manner, so if there is any question as far as the propriety of questions asked at the voir dire or in the selection of the jury, the defendant and the prosecutor would have the option and the ability to deal with that question.
Unidentified Justice: Mr. Salter, were there any feasible alternatives to a permanent sealing of that record?
Could the actual sensitive responses have been deleted, or could numbers have been assigned so the identities weren't known?
Were there any feasible alternatives?
And should the Court consider feasible alternatives?
Glenn Robert Salter: I think first it is important that the newspaper did not point out at the time of trial, either before the voir dire occurred or after it occurred, any possible alternatives, and the trial court did, I believe, choose an alternative, and I think probably the most appropriate alternative.
They did in their reply brief provide five suggested alternatives.
I don't think that any one of those alternatives really serves the primary interest.
If you--
Unidentified Justice: Mr. Salter, I am sorry.
I perhaps shouldn't interrupt you again, but I really am still... I think maybe the Chief Justice is concerned, too, about the length of this voir dire and the significance of all these questions.
You said it is all the result of the case of People against Williams.
Is that the case that involved the question of whether there could be peremptory challenges on racial grounds?
And this is the matter of making a record to explain why peremptory challenges are made?
Is it related to that problem?
Glenn Robert Salter: --It is related to the problem of peremptory challenges, yes.
The initial case in California was the Edwards case, which limited your voir dire questions to areas that you could reasonably use for cause, in challenge for cause.
However, the court found that that rule was honored more in its breach, and so it decided that appropriately you could inquire into areas dealing with the issue of laying bases for peremptory challenges.
Unidentified Justice: What would otherwise have been just not... You have to make a record, in other words, to justify peremptory challenges if they concentrate on one minority group or something like that?
Glenn Robert Salter: Basically that's true.
One of the cases that the Williams case cited dealt with the issue of a rape case, and could you inquire of the jurors whether they had had similar experiences, and the Supreme Court at the time that decision was handed down said, no, you couldn't, but it is quite clear now that under the Williams case, you can ask those questions in California.
It is a legitimate area of inquiry.
And it is a very private and sensitive area that many people would not, I believe, wish to respond to, whether they had been perhaps sexually abused or sexually assaulted.
Unidentified Justice: In a capital case, how many peremptory challenges does each party have?
Glenn Robert Salter: I believe it is 26, although they are allowed to augment.
Speaking back to your question as to whether or not there are any alternatives, I don't believe the juror questionnaires solves that particular problem because, as Mr. Chief Justice Burger pointed out, the newspaper would want to have those made public, and so it would not make any difference therefore whether you--
Unidentified Justice: Well, I suppose at least you could consider whether you could delete the identification of those responding.
Glenn Robert Salter: --I think the problem in a small community would be that if the public is allowed to come into the courtroom, even if a juror had, instead of a tag that said Juror on it, it said Number 18, someone in the audience may very well know who that person is, and so that person may very well say Juror Number 18, who happens to be someone next door to me, answered the question this way.
There is no real right to privacy.
Unidentified Justice: Well, but if we are dealing with a transcript, that wouldn't be the case.
Glenn Robert Salter: I think some of the same problems arise, because it is the answers which you can begin to relate to certain individuals, and I think it's the issue that people would be able to tell from either the types of questions or the responses given who those individuals might be.
It is, I think, a bigger problem in a smaller community, but you can, and the newspapers are well known for their detective work, you can very well find out who the individuals are.
It can be made public.
You can know who those people might be.
And so I do not believe that the questionnaire really is a viable alternative, because in the long run the question still comes out.
They offered an alternative of screening questions.
Once again, I think you have a similar problem with your questionnaires.
If the question is, have you or anyone in your family ever been sexually abused, it is very difficult to either... to screen that question or to rephrase that question in a way that does not require the prospective juror to provide the same basic information.
And so I do not believe that that provides any real alternative, because when you are talking about the issue of privacy, it is the nature, it is the answer which is more important than it is the question.
I also do not believe that excusing jurors who say... or who describe... or who refrain from describing intimate information is really, once again, a viable alternative, especially if that is done in open court.
It is not at all unusual for one juror to see another juror offer an excuse, and have the trial judge allow that juror to be let go.
A prospective juror who does not wish to see will simply mimic that excuse, and so you have the problem of being able to effectively deal with the juror panel which is actually in the court itself, and to effectively ask each one questions and be certain that you are getting valid responses and that they will not offer you simply excuses to avoid their jury duty and their public duty.
Mr. Salter, I find that argument rather strange.
You are implying that most members of the panel will give false excuses when under oath during a voir dire?
Just because somebody ahead of them said they needed a babysitter, everybody else is going to make the same statement?
There have been several--
Unidentified Justice: Should we not presume that the citizens will tell the truth before the--
Glenn Robert Salter: --I think we need to presume that they will tell the truth.
Unfortunately, there is somewhat of a prevalent trend nowadays for people to either want to serve or not want to serve.
It is very difficult if you come to a case and the trial judge says, this case should probably take six weeks to try.
It may take five months for voir dire questioning.
Unidentified Justice: --Well, I understand that--
Glenn Robert Salter: To be willing to--
Unidentified Justice: --but that is an argument you are making in favor of closing the voir dire to the public?
Glenn Robert Salter: --I am not suggesting per se that the jurors would lie simply to get off a juror.
Unidentified Justice: That's what I thought you said.
Glenn Robert Salter: On the other hand, it presents a very difficult problem for a trial judge to deal with prospective jurors, because it opens up the opportunity to inflate what are otherwise legitimate reasons for perhaps asking to be released from jury duty, and that is, I think, a problem for a trial court judge.
Unidentified Justice: Well, now, what is the reason for not letting a newspaper man hear that reason?
Glenn Robert Salter: The areas which we are referring to... We have no problems with that type of a question.
Unidentified Justice: Well, what are you arguing it for?
Glenn Robert Salter: The question--
Unidentified Justice: Are you relying on it or not?
That's all I'm asking.
Glenn Robert Salter: --The question is, we--
Unidentified Justice: I think you were responding to a question.
Glenn Robert Salter: --The question as we saw it, was that a viable alternative, and we felt that from a practical standpoint, for the decent management of the trial court system, it did not offer a practical alternative.
We think that the real issue in this case is whether or not the trial court followed the Richmond standards which have been laid down by this Court.
This Court basically set out three criteria, three questions to be asked.
Did the trial court recognize the right of the public and press to attend the trial?
Did the trial court consider alternatives?
And finally, were there findings on the record to support the closure?
We think it is very clear that the trial court in this particular case did recognize the right.
Number One, there was a motion brought by the newspaper which informed the court of that right.
In statements made by the court, the court very specifically said, yes, there is a right for the public to know.
And so on that first prong we believe the court very clearly satisfied that first prong.
Second thing, did the trial court consider alternatives?
Once again, although the newspaper did say there were alternatives, the newspaper never offered any alternatives, and we believe a newspaper does at least have a responsibility to at the time that they make their request initially offer some alternatives so that the trial court has the ability to consider them.
But we also feel that the trial court in this case did adopt an alternative, which is perhaps the most feasible in protecting everybody's rights, and that is, they allowed questions into areas which would be traditionally governed by the right of privacy.
That assured that the defendant's Sixth Amendment rights would be protected.
Unidentified Justice: But they allowed the questions, but they didn't allow the press to sit in on the questioning, did they?
Glenn Robert Salter: That's correct.
Unidentified Justice: Well, how is that an alternative?
Glenn Robert Salter: It represents an alternative because we, Number One, believe that the right to privacy should not be invaded unless there is a compelling state interest.
We are allowing that simply and solely for the very limited purpose of giving the defendant a fair trial.
But there is no reason that that should be extended or expanded so that the press or the public can delve into those private areas of a person's individual life.
And if it turns out that there are not areas, that the areas covered were not sensitive, the trial court could then release those questions.
The trial court was asked in this case to do that.
The trial court felt that the questions dealt with sensitive areas, invaded the right to privacy, and should not be released to the press.
That is very much an alternative to simply saying, no, it is a right to privacy, therefore you cannot ask that question.
It allows us to give the defendant, the accused, his Sixth Amendment rights, but it protects the First Amendment rights of both the prospective juror and it does protect in the long run the First Amendment rights of the press.
Finally, the question is whether or not there were any findings on the record.
We believe once again that there are sufficient findings on the record.
The primary reason for requiring that, as we understand it, is that a reviewing court would have the opportunity of seeing whether or not the trial judge truly considered and balanced the various rights involved, and it is very clear through the arguments made in particular by both the district attorney and by the attorney representing the defendant that all of these arguments were made, the balancing arguments, the privacy arguments, the need for, in this particular case, as to those issues that are sensitive, the need for closure, and that the trial judge then adopted those reasons and the bases for that, and in doing so at that point he decided to partially close.
He very clearly stated when they asked to have the transcript released that there was a right to privacy, that it should not be invaded.
He recognized the right of the press.
He also recognized the rights of the prospective, and in this case the jurors.
We feel there are sufficient findings on the record.
And as a result, once the trial court satisfied that three-pronged standard of Richmond, we feel the trial court did what he was required to do.
The newspaper may not like the decision which was made by the trial court, but the trial court followed the very explicit standards laid down by this Court.
It is our feeling, very clearly, that any case of this nature must be dealt with on a case by case basis.
We are not advocating that there be closure in every single case.
We are not advocating that there be closure every time there is voir dire, or any time voir dire extends more than a day.
The problem is that--
Unidentified Justice: Do you think that the death-qualifying portion of the questioning as envisioned by the Hovey case in California should require closure?
Glenn Robert Salter: --The Hovey case very specifically said--
Unidentified Justice: To the press?
Glenn Robert Salter: --that it does not affect the open nature of the trial.
In that sense, Hovey does not require closure.
On the other hand--
Unidentified Justice: Well, did some of these questions relate to the Hovey requirement in the death-qualifying portion?
Glenn Robert Salter: --Yes, they did.
Unidentified Justice: So is there any reason why the transcript should be permanently sealed as to those questions?
Glenn Robert Salter: The rationale... Are you asking the question as to once... now that the trial is over?
Unidentified Justice: Yes.
Glenn Robert Salter: I believe those questions could very well fall into the category of the right to privacy as to your political views.
And I think that is probably where those questions in the mind of the trial judge went.
Unidentified Justice: So you are backtracking, and you are now saying that that portion should be closed if it meets the Hovey qualification--
Glenn Robert Salter: The primary rationale of Hovey does not require closure per se, but when you deal with Hovey on a lengthy basis, you have a lengthy voir dire, I think at that particular point, during the time the voir dire is taking place, it is quite appropriate for the court to close it so that the questions, the responses, the issues which are dealt with do not become part of the record for prospective jurors who might not at that particular point be called.
Obviously, on a five-month voir dire it is quite possible that there are people out there who will not have been called at the time the case started but may very well read of the case and read of the responses.
So at that point that is very crucial and very important.
I do not believe necessarily, but I think the trial court did, that it goes into an area dealing with perhaps the issue of political right to privacy and expressing your views, because obviously the death qualification issue is an emotional argument.
It deals with how did you vote on a particular issue.
It is very much intertwined with it.
And so I think there is a very difficult problem in dealing with that.
It once again is going to be resolved on a case by case basis.
There may very well be cases where asking questions about death-qualifying issues will not invade that particular right, what you might call your garden variety capital case.
But in a case of this nature, the publicity involved, the extent of it, the trial judge, I think correctly, found that it was all part of that whole concept of a right to privacy, of not having to disclose how you voted on a particular issue.
We feel, once again, that the trial court met the standards set forth by this Court in Richmond.
We feel that that was what the trial court was obligated to do, and it performed it in the best manner that it could.
For that reason, we feel that the decision of the trial court should be affirmed.
Chief Justice Warren E. Burger: Mr. Ward, do you have anything further?
You have two minutes remaining.
James D. Ward: Yes, Mr. Chief Justice.
This is a closure case.
We do not believe it is an appropriate case for deciding right of juror privacy.
Not only is it a case devoid of any record regarding the matter of juror privacy, but it is devoid of any juror claiming any right.
All that we have are vague references by counsel and the court to the possibility of some sensitivities of jurors.
We have no evidence at this point and on this record that any juror objected to any question, or that there was indeed any invasion of any right, whether... any concern, indeed, for a jural privacy whatsoever.
Unidentified Justice: Somewhere in these papers or in the whole treatment in the discussion of less burdensome alternatives was the idea that if a juror had some confidential matter they wanted not to be interrogated about, they go to the judge in chambers or communicate with him and explain this and then ask to be excused.
If that were done, would you think the media is entitled to know the reason why the judge excused the juror?
James D. Ward: I think, Your Honor, that the use of that sort of a process is one of the less restrictive alternatives which is available, because assuming for the moment that there is defined--
Unidentified Justice: But you would waive any inquiry, any claim to a right to know what the reasons were?
James D. Ward: --Yes, most assuredly, Mr. Chief Justice.
We would have to.
If ultimately it were determined that there were a protected area, we would have to avoid the disclosure of that area, but the point is that it is a closure case where the court closed it on the rationale of a California Supreme Court decision and then only on a post hoc rationalization did it come forward with this rationale of juror privacy.
When we addressed the closure issue in the first instance, it was based upon Hovey versus Superior Court.
After the case was closed, when we went to get the transcript--
Chief Justice Warren E. Burger: Your time has expired now, Mr. Ward.
James D. Ward: --I am sorry.
Thank you.
Chief Justice Warren E. Burger: Thank you, gentlemen.
The case is submitted.


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subset: commoncrawl


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DURHAM, N.H. - The University of Utah, led by tournament MVP Katrena Ellett, won the UNH Volleyball Tournament by sweeping the three-game round-robin competition with victories against Massachusetts and New Hampshire on Saturday at Lundholm Gym. In the opening round, Utah bested Eastern Michigan, 3-0.
In the final game of the tournament, the Utes recorded a 3-0 victory against the host team, New Hampshire, which placed third in the field with a 1-2 record. The game scores were 12-15, 4-15 and 4-15. Earlier on Saturday, the champs bested second-place finisher UMass in straight games by scores of 15-8, 15-10, 15-2. UMass (2-1) rebounded with a convincing 15-3, 15-8, 15-5 victory against Eastern Michigan (0-3) in Saturday's evening session.
In the tournament final, UNH outside hitter Jillian Ross (Naperville, Ill.) notched a team-high nine kills and hit at a .304 clip in the losing cause. Freshman Alyson Coler (Monte Sereno, Calif.) chipped in with five kills and 10 digs.
Utah was led by junior middle blocker McKelle Stilson, who recorded a match-high 14 kills.
In Saturday's first game, Utah's Jen Snow-Richards led an impressive offensive attack with 13 kills and a .722 hitting percentage. Kim Turner and Katrena Ellett (11) also reached double figures in kills while Lucie Turkova recorded 49 assists. UMass was led by Jennifer Davis' nine kills.
Also in the early session, UNH recorded a 15-10, 16-14, 3-15, 15-5 win against Eastern Michigan behind a solid effort by Cole with a match-high 15 kills and 11 digs. EMU's Jennifer Nighswander and Sara Schaub each tallied nine kills.
In addition to Ellett, the MVP, UNH's Jen Walker, Lymarie Llovet and Rebecca Hasson of UMass as well as Utah's Jen Snow-Richards and Lucie Turkova were named to the All-Tournament Team.
Up next for New Hampshire is a Sept. 6 match at Boston College. The next Wildcat home game is Sept. 13 against those same Eagles of Boston College.


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Super Smash Bros. Melee Unlockable Maps
A quick guide explaining how every map is unlocked. This opens up new ways to laugh and have fun.
This guide should help you unlock all the maps. Some are hard and I haven't even unlocked one. (My friend has though) There are a total of 11 maps to get. Most are unlocked when another activity is achieved.
The first four maps are gotten from match battles, according to my friend you can get them random each time, but for me I've gotten them this way (*This means it is for sure a default).
The first is at 50 matches*, the second at 100 matches*, the next at 150 matches* and the last if you haven't guessed 200 matches*. The maps that would be unlocked in my order is as follows: Planet Zebes: Brinster Depths, Eagleland: Fourside, F-Zero Grand Prix: Big Blue and the last is Kanto Skies: Poke Floats.
The next map you can get is Mushroom Kingdom ll. You get this map once you get either the Birdo, or Pidget trophy. (Not that hard right?)
The next one is unlocked when you unlock Mr. Game & Watch and beat classic mode with him. That map is known as Superflat World: Flat Zone.
Once you have All-Star mode unlocked beat it once with any character once to unlock the flat map called Battlefield.
The last easy map to get is Dream Land from the original Super Smash Bros. (SSB). All you have to do is complete Target Test successfully with all 25 characters. This can be hard, but it is easier than the once to come.
The last four are difficult and might take a while to complete. The first is Yoshi's Island from SSB. You must hit 1,323 feet or more in the Homerun Contest with Yoshi. It doesn't mean you get to add multiple times. (I've been asked this before) The next is pretty hard. Finish 15-minute Man Melee with any character (You can use Donkey Kong's down+B ground slap to help beat this tough fight). The guys you fight get annoying and hit little, but it adds up quick. This will get you the original Donkey Kong map from SSB.
The last map (the one I haven't gotten yet is Final Destination. This requires you to beat all 51 Event Matches. The 51st is the hardest. You must beat both hands, Crazy and Normal, at once, with both having 300 HP.
Remember it is just a game and take breaks. I hope this helps you get your full ability to have fun on this game. It's fun to play the originals from SSB to remember good times. You can think up your own rules. Please visit some of my other articles like my SSB Melee Character unlockables.
Information gathered from my friend and myself, the Ham Man.
You dont have to be yoshi to get his stage
Super smash bros melee
Smash bros melee
bros melee


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I was heartened to hear about Burger King's decision to move towards cage-free eggs and "cage-free" pork (at least in the United States). But what exactly is cage-free pork? As Twilight Greenaway points out in the Grist food blog, it's possible that Burger King has invented the term.
What they are really referring to are gestation crates, which are used to restrict the movement of pregnant sows. In other words, Burger King is committing to stop sourcing from facilities that use gestation crates; however sows are also caged in farrowing crates during nursing and the meat pigs often live in crowded crates or cages. It doesn't seem like they are committing to using suppliers who also eschew these practices.
All this re-raises the issue that many terms used by the food and animal agriculture industries are not regulated, leaving companies and their PR firms to spin the terms however they want (or at least, however they feel they can get away with.) It's the nature of the marketing beast.
Here are terms that I have come across with regards to pork. Some of these I saw while in the UK last year when I was hunting down pork pies made with pork that I considered ethically acceptable. Incidentally, the issue of pork labeling brought very publicly challenged in the UK in 2010 when the grocery Chain Waitrose starting using the term "outdoor bred" in its advertising and labeling. The ad campaign was eventually ruled as misleading by the Advertising Standards Authority in the country. (I don't think they had jurisdiction over the term.)
- Natural Pork: The pigs are raised in open barns. They have access to straw or sawdust bedding and are not given prophylactic antibiotics or fed animal by-products. This label may also mean that the pigs have access to the outdoors, but don't assume this is the case when you see naturally-raised.
- Rustic Farm Pork: This is being used by DuBreton and seems to be the same as "Natural". The pigs are raised in open barns. They have access to straw or sawdust bedding and are not given prophylactic antibiotics or fed animal by-products.
- Raised Without Antibiotics: Only tells you about the use of prophylactic antibiotics. The pigs may still be raised in a concentrated animal feeding operation (CAFO) and in cages.
- Outdoor Bred: The pigs are born and kept outside until they are weaned away from their mothers. They are then raised indoors, which may be in straw barns or more confined factory farming operations. The female sows are kept outside in fields as long as they remain breeders. (UK term)
- Outdoor Reared: The pigs are born and kept outside until they reach 30 kg, which is about half their life. They are then raised indoors, which may be in straw barns or more confined factory farming operations. The female sows are kept outside in fields as long as they remain breeders. (UK term)
- Free Range: The pigs are completely born and raised outdoors in field until they are sent for slaughter. The female sows are kept outside in fields as long as they remain breeders. (UK term)
- Organic: In Canada, the pigs are raised in open barns with bedding and access to the outdoors. They are not given prophylactic antibiotics or fed animal by-products. They are fed organic and GMO-free fed. There are minimum space and other requirements. This is a federally-legislated definition. Farms are certified and periodically audited to ensure compliance.
- Heritage: Implies that the pig is a traditional breed such as Berkshire, Tamworth, or Yorkshire. These breeds are generally not suited to factory farming so it is very likely that they are free range.
- Traditionally-Raised: This label is being used by Metro stores. The pigs are raised in open barns with access to the outdoors. They are fed grains. No further information is available. Traditionally-raised is also used by a lot of small, independent pig farmers to mean that their pigs are outdoor-raised in a pasture (i.e., free range).
- Canadian Pork: Simply means that the pigs were raised in Canada. Nothing more. It does not mean improved food safety, better animal welfare or lower environmental footprint.
As a comparison, most hog farming in Canada (and especially in Quebec) is industrial. Most farms raise over 2000 pigs in tight confinement in indoor barns. They also use a lot of antibiotics and water, and there are some very serious concerns about water and air quality around these hog farms, not to mention waste. Even the Canadian Medical Association has spoken out about industrial hog farms. If you are interested in learning more, a radio documentary was produced in 2008 about Quebec hog farming called PigShit! It's an enlightening listen. There is also the NFB film Bacon, which focusses on the Quebec hog industry. And another feature from CBC in 1996 is here. (Note that the moratorium and standards referred to in this feature are no longer in place.)
I actually like what the UK has done around pork labeling. (Even if I think they are probably painting a rosier picture in their promotional materials than the reality the pigs probably face.) Although not regulated, there are agreed-upon definitions across the industry which have been supported by educational campaigns by the industry to the consumers. They also require very specific labeling, including country of origin, and have a food service code of practice which also requires clear labeling. Of course, there are always loopholes.
So what do you think of the Burger King announcement about cage-free eggs and pork? What do you think about food labeling of pork and other meat products in Canada?Photo credit: Scott Bauer, US Department of Agriculture, Public Domain License


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Auto and Construction Program
The program is comprised of rigorous coursework, hands-on practice and real-life problem solving. Students drawn to our CTE Program pathways are those that:
Program Overview
The Auto & Construction programs prepare students for a variety of post-secondary options including two and four-year colleges, apprenticeship programs, or direct entry into the workplace. The programs meet curriculum requirements for Minneapolis Public schools and offer three pathways to specialize in: Automotive Services (Mechanical), Auto Body Repair (Collision), and Construction/Welding.
Students may earn college credits and certifications that further enhance their marketability in the workforce and beyond. Students choosing between the three specialized pathways are able to explore coursework that is most interesting to them.
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Today, professional automotive technicians are earning up to $60,000 or more per year (source: National Automotive Technicians Education Foundation). Turn your passions into your future.
Auto Body Repair (Collision) Pathway
Students in the Auto Body Repair (Collision) pathway acquire the skills to pursue entry-level technician positions in the collision industry or receive advanced standing when enrolling at technical colleges. Students are able to expand their knowledge beyond the classroom with industry speakers, demonstrations and field trips. In addition, students can earn up to a semester's worth of credits in the NATEF certified courses:
Construction/welding pathway
Students in the Construction pathway experience a wide range of "on the job" experiences, including job shadowing, classes and fieldtrips to industry partners and internships when available. Students have the opportunity to earn post-secondary credits with local colleges and the in courses such as:
Program Benefits
The Auto & Construction program offers opportunities to broaden learning beyond the traditional classroom through:
For information about applying to the Auto & Construction Program, please contact:
Barbara Pederson
Automotive and Construction
Program Coordinator
Phone: (612) 668-4871
Fax: (612) 668-4810
4029 28th Ave. South Minneapolis, MN 55406
Telephone: 612.668.4800 | Fax: 612.668.4810
Send any questions and comments to Roosevelt Web


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Alerts and Important Information
This site is a double site, whereas two sites are connected. Both sites have a picnic table and grill. One side of each site is available walk-in only. Therefore, if you are interested in renting both sites, you will need to contact the park office. There may be some restrictions with fully opening slide outs and/or awnings when both sites are occupied. For more information about these sites contact the park office at 228.467.3822.


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The College Basketball Experience
"Get Off the Bench and Get in the Game!"
The award-winning and nationally recognized College Basketball Experience (CBE), which also includes the National Collegiate Basketball Hall of Fame, is regarded as the national celebration for the sport of men's collegiate basketball.
The CBE, as it is commonly referred to, was founded by the National Association of Basketball Coaches and is currently owned and operated by the National Association of Basketball Coaches Foundation, Inc. The highly interactive CBE contains two distinctive floors of basketball activities – numerous high-tech and energetic basketball stations allows fans to experience the game first-hand while the National Collegiate Basketball Hall of Fame celebrates the coaches, teams and players whom have and continue to comprise the history of this great game. The CBE opened in October, 2007 and has enjoyed more than 180,000 visitors since opening its doors and is highly regarded as a destination attraction and key component in the resurgence and redevelopment success of downtown Kansas City, Missouri.
For more information on The College Basketball Experience including ticket prices, hours of operation, facility special event rental and other programming, visit collegebasketballexperience.com.


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Custom Inca Trail and Lake Sandoval
Cusco, Peru
Prices From: $1,889 per person
Explore the famous sites of Cusco including the Ollyantambo, Pisac Market and spend 5 days trekking the incredible Inca Trail to access Machu Picchu. Explore the Sacred Valley and chill out in the colonial town of Cusco. Continue your journey on to Puerto Maldonado. Although Peru is most famously known for the ancient Inca citadel of Machu Picchu, it also offers some of the best Amazon rainforest experiences in South America. The Peruvian Amazon has an incredible range of wildlife and the relatively close proximity to Cusco means that short excursions into the jungle can be added to more traditional trips to the Sacred Valley and Machu Picchu. Our custom itineraries provide you with the flexibility to book as much or as little as you want, while giving you the flexibility to choose your own hotels to match your preferences and budget.
Detailed Itinerary
Day 1 - Lima Arrival
Upon arrival in Lima you will be met at the airport and transferred to your hotel.
Overnight: Ramada Airport Hotel
Day 2 - Lima - Cusco
Upon arrival you will be met and transferred to your hotel, Casa Andina Private Collection Cusco Enjoy the remainder of the day at your leisure. Cusco lies at an altitude of 3,400m (11,000 ft.), and the city is full of hills and stone steps, making even physically fit travelers gasp for their breath. It usually takes one or two days to get acclimatized; take it easy for the first few hours or even couple of days in Cusco.
Overnight: Casa Andina Private Collection Cusco(Breakfast Included)
Day 3 - Sacred Valley
The Sacred Valley Peru is understood to be the land that extends between the towns of Pisac and Ollantaytambo. This past heart of the Inca Empire starts just 10 miles outside of Cusco, and trips here reward visitors with incomparable Inca ruins, stunning Andes Mountains vistas, charming towns, a good climate, and plenty of opportunities to get out and enjoy the countryside. This full-day excursion includes a visit to the famous Pisac Market, Ollantaytambo fortress and surrounding ruins. Return to Cusco for overnight.
Overnight: Casa Andina Private Collection Cusco (Breakfast and Lunch Included)
Day 4 - Inca Trail: Chillca – Huayllabamba
This morning you will be picked up from your Cusco hotel. A spectacular drive through the Sacred Valley of the Incas takes us to Chillca, our trailhead. Crossing a footbridge, we take an undulating trek through a dry cactus zone beneath soaring views to the snows of Mt. Verónica, with the turbulent Urubamba river on our right. We pause on a bluff high above the Cusichaca valley for a view of the imposing sculpted terraces of Llaqtapata, a massive Inca farming complex. Then we turn south and follow this side valley upstream to the village of Huayllabamba, where we make camp.
Overnight: North Face Tent (All Meals Included)
Day 5 - Inca Trail: Huayllabamba – Pacaymayo
From Huayllabamba we begin a steeper ascent, climbing the Llullucha valley along a stream that rushes through enchanted native unca woodland. Crossing the rim of a small plateau, we abruptly find ourselves in the puna, the treeless grasslands of the high Andes. Here a stretch of open trail climbs beneath mighty crags to our first and highest pass, Warmiwañusca (4,200m/13,776ft). From Warmiwañusca we can look back to the spectacular snowpeaks and valleys of the Huayanay massif, and ahead to a distant view of tomorrow's trail to the second pass. Descending a stepped stone trail we encounter our campsite in a clearing of the forested Pacamayo valley.
Overnight: North Face Tent (All Meals Included)
Day 6 - Inca Trail: Pacaymayo – Phuyupatamarca
We pick up an Inca stairway and ascend again past the small Inca site of Runkuracay. As we reach the second pass the landscape opens onto spectacular new views to the snowpeaks of the Pumasillo range. We descend again to the ruins of Sayacmarca (Inaccessible Town), an intricate labyrinth of houses, plazas and water channels, perched precariously on a rocky spur overlooking the Aobamba valley. The Inca trail, now a massive buttressed structure of granite paving stones, continues along the steep upper fringes of the cloud forest through a colorful riot of orchids, bromeliads, mosses and ferns. At the third pass we camp by pinnacles topped with Inca viewing platforms, overlooking the archaeological complex of Phuyupatamarca (Cloud-level Town).
Overnight: North Face Tent (All Meals Included)
Day 7 - Inca Trail: Phuyupatamarca – Machu Picchu
We explore the wondrous maze of Inca stone towers, fountains and stairways spilling down the mountainside at Phuyupatamarca then begin a long descent through ever-changing layers of cloud forest. An Inca stairway partly cut from living granite leads us finally to the site of Wiñay Wayna (Forever Young), the largest and most exquisite of the Inca Trail sites. In the afternoon we follow the last stretch of trail across a steep mountainside through a lush, humid cloud-forest of giant ferns and broad-leaf vegetation. Suddenly we cross the stone threshold of Intipunku (Sun Gate) and encounter an unforgettable sweep of natural beauty and human artistry –a backdrop of twisting gorge and forested peaks framing the magical city of Machu Picchu. After enjoying your first visit of Machu Picchu, spend the night in Aguas Calientes.
Overnight: Hotel El Mapi (All Meals Included)
Day 8 - Inca Trail: Machu Picchu – Cusco
We return to Machu Picchu by bus and spend the day in both guided and individual exploration, visiting the most fascinating features of this astounding and mysterious Inca settlement. Some will want to take the optional hike to the summit of Wayna Picchu for an amazing overview of the site, while others may want to investigate Machu Picchu's multitude of hidden nooks and corners. After a full-on experience of this glorious monument to the Inca achievement, we return to Aguas Calientes and board the return train to Poroy and transfer to your hotel.
Overnight: Casa Andina Private Collection Cusco (Breakfast and Lunch Included)
Day 9 - Cusco - Puerto Maldonado
After breakfast, you will transfer to the airport for you flight to Puno. Flight Cusco /Puerto Maldonado (not included – first flight). Our staff welcome you at Puerto Maldonado airport and we drive through this bustling Upper Amazon Basin city to the Tambopata River boat dock. Here we board a powerful motorized dugout canoe and set off to the nearby confluence of the mighty Madre de Dios River, a headwaters tributary of the Amazon. Here we turn downstream for a 25-minute river trip to the trailhead landing at Lake Sandoval. Stopping as we go to spot birds and butterflies, we walk – or take a rickshaw ride – along the 3km/2 mile trail to the narrow boat channel through flooded palm forest that leads to the open waters of this peaceful lake. After lunch and a brief rest to avoid the early afternoon heat, we once again set off by boat or catamaran to explore the entire west end of the lake. Here, along the fringes of flooded palm forest we drift to the sounds of hundreds of Red-Bellied and Blue-and-yellow Macaws as they return to the palm forest for the night. Our viewpoint from the canoe often allows closer and more extended encounters with birds and mammals than on a typical forest trail hike, and we may witness intimate feeding and mating behavior. We return to the lodge around nightfall for dinner. After dinner we take to the boats once more, in search of black caimans, which today are extremely rare in the Amazon, but still common in this protected lake. They grow up to 4m in length, and compete with the Giant Otters for their share of the fishing. On clear nights we take our boat further out into the lake to get an unimpeded view of the vast southern sky, with its unfamiliar constellations and superb vistas of the Milky Way.
Overnight: Sandoval Lake Lodge (All Meals Included)
Day 10 - Lake Sandoval
A pre-dawn wake-up call will allow us to be on the lake for what is often a spectacular sunrise, and hopefully an encounter with the Giant Otters, which patrol the entire lake in a close-knit family pack, and are most active at this hour of the day. Most of the lake's birdlife is extremely active now, too, and this outing should provide views of numerous species of fish-eating birds as they stalk and catch their prey, along with close-up views of the large, clumsy and primitive leaf-eating Hoatzins. After returning for a late breakfast we set off on a trail walk through the cool understory of the mighty primary rainforest that surrounds the lake. We will see the great Brazil-nut trees that are abundant here, and meet a local family – the only people permitted to live here permanently and harvest the natural bounty of Lake Sandoval. They will show us how they collect the nuts, remove their shells and market this important forest product. After dinner we will have another chance to spot caiman on the lake, or perhaps take a night trail walk in search of the numerous creatures, including frogs, toads, owls, nighthawks, spiders and night monkeys, that make the forest such a busy and different place during the night.
Overnight: Sandoval Lake Lodge (All Meals Included)
Day 11 - Puerto Maldonado - Lima
After a dawn breakfast we take a final, short paddle along the palm swamps of the west end of the lake in search of the resident Giant Otter family. From here, on clear mornings, we will see a glorious sunrise and its reflection in the open waters of the lake. Returning once more down the trail to the Madre de Dios River, we return to Puerto Maldonado to catch the flight to Cusco or Lima.
(Breakfast Included)
Accommodation Information
Ramada Airport Hotel
Experience the unexpected at the newly constructed Ramada Costa del Sol hotel located in the Lima International Airport. We are much more than just a place to stay before a flight. Enjoy a delicious meal in our restaurant featuring a variety of local and International cuisine. Our prime location within the terminal is ideal for both your travel plans and exploring Lima's area attractions.
Casa Andina Private Collection Cusco
A beautifully renovated 18th-century manor house, just 3 blocks from Cusco's Plaza de Armas, replete with authentic colonial character. It offers the intimacy of a boutique hotel but the comforts and services of a much larger property. The hotel is distinguished by its 3 interior patios with wooden balconies. The principal patio, featuring a gurgling stone fountain, is one of Cusco's emblematic colonial courtyards. In the hotel's cozy lounge and reading room is a massive stone fireplace that's always crackling, while the romantic gourmet restaurant invites guests to dine by candlelight in one of 4 connected salons richly decorated with 18th-century Cusco School paintings. Several rooms in the original structure of the hotel feature surviving colonial frescoes unearthed during renovation.
Hotel El Mapi
Smart and contemporary are the defining elements of this hotel, amidst the commercial village of Machu Picchu Pueblo (Aguas Calientes), from where you can admire and interact with the quaint folksy town and get a different perspective. The hotel is efficient, playful and people friendly; it welcomes a wide range of guests expecting an uncomplicated visit. Turn into an amiable and healthy environment after your enlightening visit to Peru's most distinguished destination, the Machu Picchu Archaeological site.
Sandoval Lake Lodge
Located deep in Peru's Tambopata National Reserve, Sandoval Lake lodge overlooks sparkling, palm-rimmed Sandoval Lake, the most beautiful and wildlife-rich of all lakes in Tambopata-Madidi. This privileged location gives you exclusive access to the lake in the early morning and late afternoon, the choice hours for wildlife viewing and photography.
Region: South America
Nearest Airport: LIM
Day Tours
Ecologically Responsible
Hiking Trekking
Archeology Indigenous
GBC Staffpick
General Information
The price includes:
- All meals as indicated in itinerary
- All accommodations as indicated in itinerary
- Experienced Bilingual Naturalist Guide
- All tours and transfers as indicated in itinerary
- For the Inca Trail: Transportation to and from the city of departure, a pre-departure information meeting and valuable Inca Trail map, overnight in new The North Face tents including comfortable sleeping pads, a duffle bag to store your luggage during the trek (please return upon your arrival in Cusco). Inca Trail and Machu Picchu entrance fee and train ticket back to Cusco (Vistadome), meals according to the itinerary and a final lunch in a restaurant before returning to Cusco, bottled water to refill your canteen.
- Tambopata National Reserve entrance fee
- All rainforest and lake excursions at Sandoval Lake Lodge
The price excludes:
- International and domestic flights
- Meals not indicated
- For the Inca Trail: Meals in the cities, alcoholic beverages, extras, tips, taxes, laundry service, additional tours, insurance and airline tickets (where applicable), hiking boots, sleeping bags, sticks and other personal gear or items.
- Items of a personal nature, including insurances
- Visas, passports, vaccinations, medicines
- Gifts & souvenirs
- Any optional extra activities
- Tips


text: Hi friends, Judging by the number of costumes I've seen on the subway in the last couple days (I sat across from the Incredible Hulk on the way home last night) there's no shortage of spooky spirit in the city. The same goes for the entries to the CL "Spirit of Halloween" contest – wowzer! You have until November 4 to enter. In the meantime, here are some Halloween links for your Friday afternoon perusal. Though these costume ideas are geared toward kids, you wouldn't have to try very hard to upsize them to something that you could wear to a party. (Just be careful with that cape, ok?) Melissa shares some great last-minute costume ideas (ghosts! capes!) at Bolt Neighbourhood. A cute fish costume how-to at Mighty Girl. I like this bat costume, though I'd probably go for makeup instead of a mask. From Alphamom. I love these ideas for using googly eyes, some creepy, some cute. (Oh, Martha). How about a costume for your pumpkin? (Via the Craftzine blog). Have a great weekend! You might also like:Top 5 Fireplace Styling Projects Crafter Q+A: Andrea Sabean of Artisan in the ... Crafter Q&A: Denise Wild of The Sewing St... Feature craft: Make a bookshelf into a desk Feature craft: Kid's bedroom ideas


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aFe Pro Dry S Air Filter Mercedes-Benz E-Class V8 07-10
Model: 31-10154
Sale: $89.95
Product Info
Go To Product
Constructed with 100% polyurethane on all four sides, this high- flow, oil free OE replacement performance filter will out flow stock paper filter by 45% for improved horsepower and torque. The Pro DRY S air filter uses "oil fee" media which provides maximum convenience with excellent airflow for best performance results.
Washable and reusable for multiple cleaning cycles, the tall open evenly space pleats provide excellent dust holding capacity for longer service cycle between cleanings. Integrated urethane bump seal insures tight, no leak seal over the life of the filter.
About Manufacturer: AFE
Advanced Flow Engineering, Inc. (aFe) produces high flow, high performance air filters & intake systems for the automotive industry. Founded in April, 1999, aFe was created to address an obvious need in the automotive aftermarket industry: a lack of choice for a high performance aftermarket air filter. We are a team of engineers, machinists, production and sales people who believe in the product we design. We each have years of experience in our respective positions and together work to ensure that we have the best product on the market. Our purpose was not just to be another vendor that offers air filters, we chose to pay attention to those finer details that set an aFe filter apart from the competition.
AFE Store
AFE Exhausts
AFE Intakes
AFE Intercoolers


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May 25,2012
Alison Brie on Conan (interview)
Posted by Jasmine with No Comments
Check out Alison's interview on Conan last night:
This entry was posted on Friday, May 25th, 2012 at 11:35 AM and is filed under Interviews, News. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.


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Webyshots API
Webyshots is an online website screenshot service. Webyshots provides screenshots of websites/URLs, reports, and hosts the screenshots and information in the cloud. The Webyshots API allows developers to access and integrate the functionality of Webyshots with other applications. Some example API methods include taking screenshots, retrieving screenshots, and returning information about screenshots.
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Montana Repertory Theatre: The Miracle Worker
Few stories are as timeless or reveal the courage and resilience of the human spirit as well as The Miracle Worker. The stirring dramatization of the story of Helen Keller and her tutor Anne Sullivan has been mesmerizing audiences for decades; and we're delighted to offer it as our 2014 national tour.
The Miracle Worker tells the story of Helen Keller, deaf and blind since infancy, who finds her way into the world of knowledge and understanding with the help of Anne Sullivan, her gifted tutor. In some of the most turbulent and emotion packed scenes ever presented on the stage, Helen overcomes rage and confusion to triumph over her physical disabilities.


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(I)Migra/ción: Violence, Movement, and Identity en Nuestra América
Join the Center for Peace and Global Citizenship for a student organized, week-long series of events that are free and open to the public.
Monday, 11/11
(I)Migr/arte with Nora H. Litz
James House, 7 - 9:30 PM
Meet Nora Litz, a Philadelphia-based artist who has worked extensively in both the U.S. and Mexico. In 2011, she created El viaje de los niños (The Journey of the Children), a multimedia project depicting the stories of Mexican children who have crossed the border to come to Philadelphia.
Tuesday, 11/12
(I), Dreamer with Juntos
Ira DeA. Reid House, 7 - 9 PM
Meet the youth of JUNTOS, a Latino immigrant-led community organization in Philadelphia. Listen to their experiences as undocumented migrants in the U.S. and their struggles towards a path to citizenship and for rights. JUNTOS unites immigrants in their roles as workers, parents, and youth, and advocates for human rights.
Wednesday, 11/13
(I), Nadie (No one) Film Screening and Discussion: De Nadie
Multicultural Center (Stokes 106), 7 - 9 PM
Join us for a screening of De Nadie, a powerful documentary about Central American migrants that gives a glimpse of the journey across Mexico and the reasons for migration across such a dangerous route. A discussion facilitated by BMC Lecturer of Anthropology, Beth Uzwiak will follow the film.
Thursday, 11/14
(I)Witness Fundraising Dinner and Talk with Amelia Frank-Vitale
CPGC Cafe (dinner), 6:00 - 7:00 PM
Multicultural Center (Stokes 106) (talk), 7:00 - 8:30 PM
Come to learn about the political and economic climate in Central America, one of the world's most violent regions, from Amelia. Enjoy a nice dinner while helping raise money for Casa Tochan, a migrant shelter in Mexico City that houses aids Central American migrants.
Suggested donation for the fundraiser is $10-$30. The fundraising dinner is open to the first 25 people to reserve a spot, however the talk at 7:00 is open to all. Email firstname.lastname@example.com to reserve your spot.
Amelia Frank-Vitale is a Fellow with The Institute of Current World Affairs in Mexico, where she focuses on issues faced by unauthorized migrants en route to the US. She researches the intersections between the war on drugs, organized crime groups, party politics, and the varieties of violence faced by Central American migrants on their way to the US.
Friday, 11/15
(I), Pedro. (I), Amalia. Two talks by Pedro Aguilar and Amalia Melendez Padilla
Lunch and Community Conversation: CPGC Cafe (Stokes 104), 12PM
Evening Talk: Chase Auditorium, 7:30 PM - 9:30 PM
Pedro Aguilar Benegas was born in 1990 in the town of Yoro, Honduras, one of eight children in his family. Before leaving Honduras in May 2012, he studied Agriculture for two years. On his way to the U.S., he suffered an accident and was forced to change his migration plans. Today he resides in Mexico City, where he is involved in volunteer work aiding other Central American migrants.
24 year-old Amalia Melendez Padilla is from San Pedro Sula, Honduras. A single mother, she left her son with her parents and migrated to the U.S. En route she was assaulted at an immigration checkpoint in Mexico, and alongside three other women, successfully pressed charges. She received a humanitarian visa and now collaborates in a new migrant shelter outside of Mexico City. She has obtained a U.S. visa to share her advocacy for migrant women to an international audience.
Translation provided
Saturday, 11/16
(I) Reflect Everyone invited
CPGC Cafe, 2:00-3:30 PM
If you were a part of (I)Migra/ción week and feel as though what you learned and experienced was very powerful and emotional and therefore you need a place to reflect with others, please come form a part of this reflection session where together we can talk about how to move forward with our feelings and nuanced knowledge in a productive and meaningful manner.
All events are free and open to the public. E-mail, firstname.lastname@example.com with questions.
Office of College Communications 610-896-1333 email@example.com


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The touch functionality worked just as expected -- if you've used touch on a high-end tablet before, you're already familiar with the experience here. We were able to navigate the installed Zinio app with ease, flicking through magazine pages and pinch-and-zooming our way around a cover. You can of course use the touchscreen to adjust system settings, drag-and-drop files or input text with the on-screen keyboard, though we found the trackpad and hardware keyboard to be more practical here. Overall, this appears to be a no-compromise solution -- it will surely add to the manufacturing cost for next-gen Ultrabooks, but if you opt for a touch-equipped model only to find that you prefer traditional input controls, there's not much lost on the feature front. And, if you do happen to enjoy flicking your way around a notebook, you're definitely in for a treat. You'll find our hands-on video just past the break.%Gallery-149982%
- Key specs
- Reviews • 2
- Prices
- Discussions
- Type Smartphone
- Operating system Android (Ice Cream Sandwich [4.0])
- Screen size 4 inches
- Camera 5 megapixels
- Released 2012-09


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MapReduce is the distribution system that the Hadoop MapReduce engine uses to distribute work around a cluster by working parallel on smaller data sets. It is useful in a wide range of applications, including distributed pattern-based searching, distributed sorting, web link-graph reversal, term-vector per host, web access log stats, inverted index construction, document clustering, machine learning, and statistical machine translation.
This book introduces you to advanced MapReduce concepts and teaches you everything from identifying the factors that affect MapReduce job performance to tuning the MapReduce configuration. Based on real-world experience, this book will help you to fully utilize your cluster's node resources to run MapReduce jobs optimally.
This book details the Hadoop MapReduce job performance optimization process. Through a number of clear and practical steps, it will help you to fully utilize your cluster's node resources.
Starting with how MapReduce works and the factors that affect MapReduce performance, you will be given an overview of Hadoop metrics and several performance monitoring tools. Further on, you will explore performance counters that help you identify resource bottlenecks, check cluster health, and size your Hadoop cluster. You will also learn about optimizing map and reduce tasks by using Combiners and compression.
The book ends with best practices and recommendations on how to use your Hadoop cluster optimally.
This book is an example-based tutorial that deals with Optimizing Hadoop for MapReduce job performance.
Who this book is for
If you are a Hadoop administrator, developer, MapReduce user, or beginner, this book is the best choice available if you wish to optimize your clusters and applications. Having prior knowledge of creating MapReduce applications is not necessary, but will help you better understand the concepts and snippets of MapReduce class template code.