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As we celebrate the tenth anniversary of the creation of the Florida Dispute Resolution Center, it is only fitting that we should critically reflect on what has happened in the field of dispute resolution.[1] Many wonderful and exciting trends have occurred in the alternative dispute resolution (ADR) arena during the past fifty years—many of which have taken place within the last decade, both in Florida and nationally. We have seen not only increased usage of ADR terminology in the press and popular magazines, but also more widespread independent use of ADR processes. The President of the United States routinely deploys mediators to assist with international crises, ballplayers routinely seek arbitration to resolve contract disputes, and students nationwide, some as young as elementary school age, participate in peer mediation programs. The use of these processes has become so increasingly pervasive that the "alternative" of ADR is increasingly being dropped in favor of such terms as "complementary,"[2] "additional," "appropriate," or simply "dispute resolution."[3]
In my mind, however, one of the most exciting and challenging developments for practitioners in the past ten years has been the increased institutionalization of ADR—particularly in relation to mediation within the court system. Spreading ADR processes has been a goal many who are committed to the field have pursued with great vigor. As the old cliché reminds us, however, "be careful what you wish for." The growth and development of mediation and other dispute resolution processes in institutional settings, while certainly producing more exposure and interest in these processes, has also brought with it a host of concerns I believe worthy of thought and discussion. This issue holds particular interest for me because I have not only benefited directly from this institutionalization, but have also been actively involved in promoting and overseeing the institutionalization of ADR within the court system in Florida.
When I entered this field, the law school career service center had no "alternative" positions on file, and my family and friends did not understand what I was planning to do. Today, most people have at least a passing familiarity with the processes of mediation and arbitration (even if they sometimes confuse them). Even traditional law firms now understand the significance of "alternative" processes. Increasingly, clients are demanding changes in the traditional way that disputes are resolved. Recently, even the American Bar Association, in an effort to keep pace with the increased viability of alternative processes, upgraded the status of its Dispute Resolution Standing Committee to a permanent section.[4]
As I discuss the issue of institutionalization, it is important to have a common frame of reference. For the purposes of this Article, I use the term "institutionalization" to refer to any entity (governmental or otherwise) which, as an entity, adopts ADR procedures as a part of doing business. Some examples include schools that develop peer mediation programs, courts that establish rules to govern referral to ADR procedures, and government agencies that incorporate ADR processes in developing rules and regulations. My discussion will focus primarily on the institutionalization of court mediation programs, with examples drawn from Florida's experience because that is what I know best; however, I believe that many of the same opportunities and concerns raised are readily transferable to other institutions. To me, Florida's experience with court-connected mediation can serve as a case study for how and why bureaucracies develop.
Institutionally, Florida entered the ADR movement in the mid-1970s with the establishment of "citizen dispute settlement" (CDS) centers and pilot divorce mediation programs within the trial courts.[5] The CDS centers are similar to the neighborhood justice centers of other jurisdictions and handle disputes (mostly minor criminal, neighborhood-type disputes) that are voluntarily brought by the individuals involved in the disputes. The model pursued for the Florida CDS centers, after the initial ones came into being, centered around local development with strong support from the Office of the State Courts Administrator (OSCA) and the Chief Justice of the Florida Supreme Court. OSCA conducted research on the programs, produced training and organizational manuals,[6] and pursued the adoption of legislation[7] to promote the establishment of these programs, many of which had strong ties to the local court system.
Some argued that this development was not in keeping with the primary goal of the CDS movement, which was to empower those in the local community to resolve issues for themselves.[8] On the other hand, these programs would not have spread as quickly or completely had it not been for the Florida Supreme Court's support. The research conducted by OSCA provided the data to show that the programs worked, the organizational manuals provided the step-by-step information on how to establish programs, and the training manuals and guidelines provided some measure of consistency and quality control that led to confidence in the program. Looking around the nation, one finds that these programs have flourished primarily in those states in which the courts provided an institutional home, established institutional frameworks, and promoted the use of these processes.[9] I believe there is a direct correlation. In Florida, the CDS programs thrived when the supreme court focused attention on the program.[10] When attention shifted from the CDS programs toward the court programs, no new programs were established and many of those that were in existence expanded to include court cases. Within a few years, the bulk of the CDS centers' cases had shifted away from communities and towards the courts.[11] This shift is not surprising, based upon the difficulty CDS or neighborhood justice centers have in generating cases. Because the number of cases that a community center actually mediates is significantly lower than the number of cases that are scheduled (due to the inherent difficulty in getting both parties to attend a completely voluntary process), the centers face a continuing challenge, resulting in disappointingly low caseloads.[12]
As part of its effort for the future, the Florida Supreme Court appears to be refocusing attention on neighborhood justice centers, and we once again are beginning to see an increase in the caseload numbers and a renewed commitment to the concept of neighborhood/community justice.[13] In 1995, a Neighborhood Justice Center opened in Tallahassee and has received attention from the Governor and the Chief Justice of the Florida Supreme Court.[14]
If we start from the premise that mediation and other alternative processes provide a positive means of resolving disputes, then it seems to follow that providing for the more rapid spread and more comprehensive use of these processes would also be a positive step. As practitioners, we have longed for more cases to be referred to mediation so more disputants can benefit from the empowerment possibilities of mediated disputes (and also so there is enough work for us to pursue our chosen field). Institutionalization certainly focuses attention on the processes, and it can be very instrumental in promoting its uses; yet increased institutionalization is not without its downside.
In 1987, after Florida had experienced its great success with the early CDS and divorce mediation programs, the Florida Legislature adopted one of the nation's most comprehensive court-connected (read: institutionalized) mediation and arbitration statutes.[15] Trial judges were given the broad discretion to order any civil case to mediation or arbitration subject to Florida Supreme Court rule.[16] The original plan under the 1987 law was to implement a pilot court-connected mediation and arbitration project in one judicial circuit, evaluate the pilot project, and then spread it to all of the other circuits. For a variety of reasons, mediation programs started throughout the state immediately.[17]
In 1995, over 75,000 cases were mediated through court-connected mediation, and all twenty judicial circuits in Florida sent some portion of their caseloads to mediation.[18] Mediation now has become an accepted process within the Florida state courts.[19] Much to my surprise, the mandatory order to mediate has not been heavily litigated in Florida.[20] This is interesting to note, especially because the parties in civil cases over $15,000 are ordered to mediation and typically are ordered to pay the mediator's fees.[21] I believe one can draw a fair conclusion from the relative lack of litigation that the parties and lawyers who are ordered to mediation are pleased with the process and view it as helpful. In addition, the trend in Florida has been that lawyers increasingly are requesting mediation (rather than waiting to be ordered to mediation) both before and after a lawsuit has been filed.[22]
While the heightened awareness of mediation alternatives and the increased use of mediation is a very positive and exciting development in the evolution of our justice system, the natural consequences of this rapid, institutional development have also concerned me. Since 1987, Florida has experienced tremendous growth in the number of rules and laws surrounding the mediation program.[23] From an administrative perspective, each additional rule has been necessary and important in the maturation of the program. Overall, however, I remain concerned about the ultimate effect that additional rules will have on the mediation process,[24] i.e., what will happen when a flexible process, like mediation, is incorporated into the traditional court process. Which process changes?
A description of some of the recent revisions and additions to the Florida Statutes and the Florida Rules of Civil Procedure serves as an ideal way to illustrate this dilemma. In 1988, the Florida Supreme Court adopted qualifications for court mediators.[25] To promote use of the qualifications and add to the comfort level of the judges and lawyers who would ultimately be the users of the process, the court relied heavily on previous experience and "paper credentials."[26] The national mediation community was outraged by the development of mediator qualification requirements by an institution.[27] Nevertheless, if an institution takes the step to order parties who file in court to participate in mediation prior to (or hopefully instead of) obtaining a trial before a judge, doesn't it logically follow that the court has an affirmative obligation to ensure that the individual to whom the case is referred has some expertise? To take it a step further, wouldn't it be irresponsible, if not negligent, for the courts not to develop some method of determining who should mediate for the courts and who should not? I do not see easy answers to these questions. While I am sympathetic to the view that the qualifications originally established by the Florida Supreme Court are not perfect, I do believe that the establishment of mediation as an alternative within the court system brought with it the obligation to provide some means for individuals ordered to mediation to have confidence in their mediator.[28] I also believe, based on discussions I have had over the years with judges and attorneys, that mediation would not have succeeded in the court system if the early mediators in large cases were not attorneys.[29]
This is not to say that the obligation of the court or institution that establishes the program ends with its initial rules and its ability to gain acceptance for the program. On the contrary, I am a strong proponent of the notion that if a court undertakes to institutionalize mediation, it has an ongoing obligation to routinely and systematically review the governing policies, rules, and procedures with an eye toward continual revision. To me, this is a crucial step in preventing the ossification of a flexible process.
In keeping with this continuing obligation, Florida has two standing supreme court committees on mediation and arbitration: the Supreme Court Committee on Mediation and Arbitration Training, created in 1988,[30] and the Supreme Court Committee on Mediation and Arbitration Rules, created in 1989.[31] The training committee is charged with developing and recommending policies and procedures concerning the certification of mediator and arbitrator training programs; reviewing requests from individuals seeking waivers of the qualifications required for arbitrators and mediators; studying the mentorship process in order to recommend procedures and policies for improving it; studying the issue of continuing education and other requirements that may be necessary and proper for certification renewal; and "[a]ssist[ing] the Supreme Court by making other recommendations relating to implementation of the provisions of the rules governing mediator and arbitrator qualifications and training."[32] The rules committee is charged with regularly reviewing the mediation rules and statutes and recommending revisions.[33] In addition, the rules committee is charged with making "such other recommendations as would improve the use of mediation or arbitration to supplement the judicial process, as deemed appropriate."[34]
In 1990, Florida revised its rules to provide for greater party control over the selection of a mediator.[35] This rule revision opened the door for parties to select a mediator within the first ten days of referral to mediation. During this time, any mediator could be selected, including one not certified by the Florida Supreme Court. These revisions are an example of a critical step in the evolutionary process of an institutionalized mediation program, namely the obligation to introduce flexibility and choice into the process as it becomes more accepted.
This rule revision, while illustrative, was only one of the recommendations submitted to the supreme court in the three petitions that have been filed since the committee's appointment in 1989. In addition, the Florida Legislature has revised the statute governing mediation and arbitration several times since its adoption in 1987.[36]
One of the legislative changes adopted provides for "judicial immunity in the same manner and to the same extent as a judge."[37] The adoption of such a strong provision, interestingly, was advocated by The Florida Bar in an effort to promote the use of mediation and encourage more individuals to volunteer their services as mediators. The passage of this legislation created a situation that led to the need for the next major set of rules, namely, the Florida Rules for Certified and Court-Appointed Mediators, which contain the standards of conduct and rules of discipline for supreme-court-certified and court-appointed mediators.
The original legislation establishing the comprehensive mediation program contained a provision that the Florida Supreme Court would establish minimum standards and procedures for professional conduct and discipline.[38] However, the adoption of the immunity for mediators provided the real impetus to adopt standards and a disciplinary procedure. Absent such adoption, parties to court-ordered mediation had no redress for inappropriate mediator behavior. In addition, Florida mediators had been the subject of ethics research conducted by Professor Robert A. Baruch Bush.[39] One of the important conclusions that Bush found was that
the findings reported here are cause for concern and caution. For mediators' interest in good practice, however encouraging, will not be enough by itself to guarantee the responsible handling of the numerous and difficult dilemmas described above. The mediators themselves know this. They need guidance: training, standards, supervision, etc. And that guidance must come from policy makers—at the program, the state, and the national level. The real cause for concern is not what mediators are doing, but what policy makers are doing—or rather, not doing.[40]With such a backdrop, one can readily appreciate the need for the development of standards of conduct. In 1992, the Florida Supreme Court adopted such a code of conduct and a means for enforcing the standards.[41] I was at the forefront in urging the supreme court to establish a committee to draft standards, providing staff support to the rules committee in its drafting efforts and anxiously awaiting adoption of the standards. However, I remain concerned about the impact that these standards will have on the process. I come back again to the overriding concern that mediation is a flexible process and that adoption of a code of conduct will somehow rigidify the process. If the standards are written broadly to allow for the subtle nuances of an individual situation, might they then offer no real guidance to mediators in discharging their duties? If they are written very specifically, might they then inhibit a mediator's ability to handle each situation creatively?
A concrete example of how the standards might change the practice of mediation in an unintended manner is in the simple practice relating to the retention of notes. Because communication in court-connected mediation is privileged and cannot be disclosed absent a waiver of the privilege by all parties to the mediation,[42] mediators typically do not retain notes from concluded mediation sessions. In fact, in the past, most trainers recommended to student mediators that they not retain notes. Will the adoption of a standard of conduct and the potential for a grievance being filed cause mediators not only to keep notes of their sessions, but also to request that parties sign off on statements that say they were fully capable of participating or that they were aware of their legal rights and were still desirous of pursuing this mediated agreement? I wonder whether changes in these procedures will cause a greater underlying change in the way mediation is conducted. Will the need to cover oneself override a mediator's creativity? Will it lead to more party refusals to mediate? If so, maybe those were cases that should not have been mediated in any event.
After more than four years of experience under the mediator code of conduct and grievance system, we are starting to see some trends. While the number of grievances filed remains extremely low (only twenty have been filed statewide), we learned that the original grievance procedure did not provide for enough front-end investigation and confidentiality protection. The rules were amended in 1995 to address those concerns.[43] The revised rules provide many opportunities for the grievance to be resolved short of a hearing—namely, the nonadjudicative resolution of a grievance by having the mediator and complainant meet with the complaint committee in an effort to resolve the matter. During such a meeting, the mediator may accept sanctions.[44] In addition, an analysis of the grievances filed shows common concerns, namely the failure of the mediator either to allow the parties to exercise self-determination,[45] to act impartially,[46] or to refrain from providing professional advice.[47] A summary of the grievances that have been filed is published in the DRC newsletter, The Resolution Report, for educational purposes.[48] The hope is that this formal (institutional) process of handling grievances will enable mediators to better understand their role in the process and prevent inadvertent inappropriate behavior.[49]
Another example of the effect institutionalization has had on the mediation process relates to the training of mediators. The original statute contained a mandate that the Florida Supreme Court adopt minimum standards for mediation and arbitration training programs.[50] In 1989, the Florida Supreme Court adopted mediation training program standards for the three types of court-connected mediation: county (civil cases under $15,000); family (divorce cases); and circuit (civil cases above $15,000).[51] The standards included requirements on subject matter, trainer qualifications, and student-faculty ratios.[52]
Some training providers argued that the training program standards did not allow for enough flexibility in designing and conducting the training program. The supreme court committee charged with enforcing the standards found that they allowed for too much flexibility and as such were difficult to enforce.[53] Once again, the issue of the institution's responsibility to ensure quality was pitted against the need to retain the flexibility of the process. It stands to reason that if the Florida Supreme Court requires an individual to complete a mediation training course before that individual can be certified, then the court has some obligation to the participants in the training program to ensure that the program is of high quality. By extension, if the court believes that mediation training is an important prerequisite to becoming a mediator, presumably there is some expectation of what will happen during that training program. Clearly, a forty-hour program in which the participants merely share thoughts about life or listen to litigation "war stories" would not provide any basis for the court to have confidence that the participants understand the mediation process or how to provide mediation services. Yet how far should the institution go? Research in the area of mediation training and the effect such training has on a mediator's ability is scant.[54] Studies that have attempted to address the relationship training has to subsequent performance have produced mixed results. Based upon this incomplete and inconclusive information, should an institution provide mandates? By providing a mandate, does the institution in essence concretize an area that is still developing and potentially inhibit innovative means of preparing mediators for what lies ahead?
In 1995, the Florida Supreme Court adopted the second generation of training program standards for certified mediation training programs.[55] Theoretically, the standards provide clearer direction as to what needs to happen during the training program, while providing greater flexibility for the trainers to accomplish the tasks. This was accomplished by a move away from standards based on strict hour requirements and towards learning objectives that must be completed. Because the standards are so new, there is little experience to suggest whether our greatest fears or expectations for the standards will be realized.[56]
The most recent discussions of the training committee have centered around the need for continuing mediator education. Once a court embarks on the road of certification, doesn't the court then retain some responsibility to ensure continuing competence? This point has crystallized in Florida now that nine years have passed since the institution of certification requirements. Specifically, an individual could have completed a supreme-court-certified mediation training program in 1988 and obtained certification. During the last nine years, this individual may never have been selected or appointed as a mediator and may not have taken any continuing mediator education. In short, he or she may not even remember how to mediate. Yet this individual remains a "certified" mediator.[57] If one accepts the premise presented earlier in this paper that once the court mandates mediation, the court bears some responsibility to identify competent mediators, then arguably the court bears the responsibility to ensure that competence is maintained. One method would be to require continuing mediator education. The specifics on how the requirements would be established are still being debated. Once again, we find ourselves revisiting the balancing of how much bureaucracy and institutionalization is necessary to achieve the desired end.
A final concern that I would like to raise on this issue is one for which I am completely without data to confirm or dispel. However, it seems fitting to include some thoughts on the impact the next generation will have in the institutional context. When I joined the Dispute Resolution Center in 1988, I expected that I would remain somewhere between three to five years because, in my mind, the challenge and excitement of the position was the ability to create a new program. I thought that the job would quickly lose my interest when it became routine, i.e., when my major functions shifted from policy development to policy implementation. Unlike many others who come to work for a state court system, my goal was not to move up through the court bureaucracy, but rather to pursue the development of a comprehensive mediation program—in other words, to change the way justice was delivered in our court system through the adoption of mediation alternatives. However, the revision of my three-to-five-year time frame has more to do with a mistaken notion on my part of how long it would take for the policy development phase of the program to conclude rather than a reassessment that I truly enjoy running a bureaucracy. Each year has brought new challenges and more policy development decisions to be made, and despite an increased level of administrative duties, the bulk of my activity remains in the creative, innovative areas.
Thus, I still remain committed to moving on when the administrative side of the job outweighs the creative side. This leads me to my final concern, namely, what happens to these programs when the second generation of program administrator comes in? Clearly, the type of individual who will be attracted to such a position will not be a "mediator type"—such an individual would no more wish to handle the bureaucracy than I would. More likely, the second generation of program administrator will be one who does not necessarily have any particular commitment to a mediation program, but rather is interested in career court administration.
When the program was small, I interacted with individuals on a one-to-one basis. In fact, in the early days of the program, I knew all of the certified mediators. Now that we maintain a database that contains over 8000 individuals who have completed mediation training and approximately 4500 certified mediators, I no longer know everyone personally. It has been my commitment, however, to maintain a "good" bureaucracy—if an individual calls, we will explain the policy or procedure and the rationale for it rather than just say, "That's the policy, period." It has been my commitment to run the DRC using all of the positive lessons that I have learned from being trained and serving as a mediator. Will the next generation bring that same commitment? As the office grows in numbers (a necessary outgrowth of increased institutionalization), will everyone be able to answer all of the questions that arise? When the rules become so numerous, will the answer increasingly be, "That's what the rule says—we have no flexibility in this area"?
In sum, I believe that the institutionalization of mediation programs has served a worthwhile purpose. It is only with institutionalization that we are able to achieve the increased attention and high level of debate around these issues. I have seen first hand, both through my experiences in the school system and in the courts, how helpful—and transforming—these programs can be. I know that most people still are not very sophisticated in thinking through their options for resolving disputes. In the school setting, students frequently view their options as limited to ignoring the situation, telling a teacher or other authority, or fighting it out. For adults, the choices are surprisingly similar: ignoring the conflict, appealing to the authority of the courts, or fighting it out. For too long, the metaphors have been those of "The People's Court": "Don't take it into your own hands, take them to court," rather than, "You have the capability of resolving your disputes yourself." Institutionalization provides necessary legitimacy and widespread utilization to a process that is only useful if one knows about it. One can only make informed decisions about whether to use mediation if one is aware that the process exists.
Perhaps continued discussion of institutionalization—both the positive and negative aspects—will prevent some of the dangers I discussed from occurring. I believe that we all have an obligation, as "the next generation" takes over, to focus our attention on and critically analyze the impact of the processes we have set in motion—particularly the institutionalization of mediation. It is only with vigilance that we will determine if institutionalization is the "savior" or the "saboteur" of the mediation process.


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Speak Up
Speak up and vote
Yearly Archive for 2013
Are you offended by a planned Confederate monument in Orange?
As applause rang through the Orange City Council chambers Tuesday, members voted unanimously to oppose construction of a Confederate veterans memorial at Interstate 10 and Martin Luther King Jr. Drive, even though they previously approved building permits in fear of a free speech lawsuit. The builders of the monument claim the site is a tribute […] [Read More]
Do you want armed guards at your child's school?
A National Rifle Association-sponsored report on Tuesday proposed a program for schools to train selected staffers as armed security officers. The former Republican congressman who headed the study suggested at least one protector with firearms for every school, saying it would speed responses to attacks. The report's release served as the gun-rights group's answer to […] [Read More]
What should BISD do about the May election?
Beaumont school board members have hired a Houston law firm to represent the district as it pursues issues related to preclearance of redrawn voting districts. The Ninth Court of Appeals already ruled BISD must hold its election on May 11 with candidates Donna Forgas, Marcelino Rodriguez and Linda Gilmore. Incumbents Woodrow Reece, Zenobia Bush and […] [Read More]
What is the best part of the South Texas State Fair?
The South Texas State Fair opens Thursday and runs through March 31 at Ford Park, 5115 Interstate 10, Beaumont. [Read More]
Should religion be taught in public schools?
A photo of several Lumberton High School students wearing burqas, traditional Islamic women's garb, went viral this week. Not long after that, Fox News, Huffington Post and other national medial latched onto the story, which had grown to include the accusation that a teacher told students to refer to the terrorists behind the 9/11 attacks […] [Read More]
Vote: I wish Beaumont had a…
Developers hope an empty, heavily wooded plot of land in New Caney – about 80 miles west of Beaumont – will transform into a thriving entertainment district by 2015 – complete with a theme park, water park and a new dining and music scene and more elaborate attractions. [Read More]
Is Beaumont a sad city?
Beaumonters swear like sailors, eat too much and live in the saddest city in America, according to a study of more than 10 million tweets sent via the social networking site Twitter in 2011. According to the study — conducted by a team of Vermont mathematicians — Beaumont residents use their 140 Twitter characters to […] [Read More]
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subset: commoncrawl


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News Section: Fishing
Captain Favorite's Weekend Fishing Forecast: Jan. 30, 2014
Your One-Stop Spot for Fishing in Manatee County
BRADENTON – Snook season will repopen on Feburary 1. Also, the FWC is reminding anglers that this year grouper seaon will not end on the first of the month. A cold front will cause hazardous boating conditions to linger through Thursday. A period of generally light winds and low seas is then anticipated for the late week period and upcoming weekend.
Snook to reopen in Atlantic state waters
- The recreational harvest season for snook reopens on Feb. 1 in Florida's Atlantic coastal and inland waters (from the Miami-Dade/Monroe county line north), including Lake Okeechobee and the Kissimmee River.
- The season will remain open through May 31.
In the Atlantic, anglers may keep one snook per day that is not less than 28 or more than 32 inches total length, which is measured from the most forward point of the head with the mouth closed to the farthest tip of the tail with the tail compressed or squeezed while the fish is lying on its side. A snook permit is required to keep snook, along with a saltwater fishing license unless exempt from the license requirements. Only hook-and-line gear is allowed when targeting or harvesting snook.
- It is illegal to buy or sell snook.
Reminder: Gulf grouper recreational season will not close Feb. 1
- This is a reminder that the Feb. 1 through March 31 closure that would have affected several species of grouper in Gulf state waters has been removed and will not occur as it has in previous years. This closure was removed at the September 2013 meeting of the Florida Fish and Wildlife Conservation Commission (FWC).
- A similar closure was also removed in federal waters shoreward of the 20 fathom line, or about 120 feet (excluding waters off Monroe County). To learn more about the federal closure, visit the NOAA Fisheries Southeast Regional Office at Sero.NMFS.NOAA.gov and click on "Fisheries," "Gulf Fisheries," "Reef Fish" and "Gag and Shallow-water Grouper Framework – Recreational Season."
- The closure would have applied to the following species: black, red, yellowfin, scamp, yellowmouth, rock hind and red hind.
Helping your fish survive helps you
- Imagine for a minute you are out to sea, line wet, with about 150 feet of water separating boat from the bottom. You feel a tug. Instinct kicks in and you want to yank up to set the hook, but you remember that doesn't work with circle hooks, a required gear when fishing for reef fish like snapper and grouper in all Gulf waters and in federal waters of the Atlantic south of 28 degrees north latitude. So you gently start reeling it in, hoping nothing eats your catch before you can get it to the boat.
- Alas, the fish surfaces, but it is too small to keep and it seems to be experiencing barotrauma, a condition that occurs when the gases in the swim bladder expand after being brought to the surface from depth.
- STOP! The choices you make from here on can greatly impact whether or not that fish you are about to release survives to be caught another day. Do you know what to do?
- Post-release fish survival should be important to all anglers. The more fish that survive being caught and subsequently released, the more fish there will be in general. This can eventually mean extension of open seasons, increases in bag limits and more successful fishing trips.
FWC busy responding to manatee deaths
- The Florida Fish and Wildlife Conservation Commission (FWC) has stepped up efforts to respond to manatees in distress and determine the cause of death when possible. During 2013, a preliminary total of 829 manatee deaths were documented.
- Marine mammal staff from across the state and law enforcement responded to manatees suffering from the effects of red tide in southwest Florida from January through May. Florida red tide, which releases a toxin that affects manatees' nervous systems, caused the deaths of a record 276 manatees during that period.
Weekend Fishing Forcast
The pressure gradient across the area has relaxed with winds and seas below advisory levels ... although exercise caution speeds are expected mainly this morning. A trough of low pressure moves north over the waters Friday into Saturday as high pressure builds in from the Atlantic ... becoming established across Florida into the Gulf through early next week. A period of generally light winds and low seas is anticipated.
North winds 10 to 15 knots diminishing to 5 to 10 knots in the afternoon. Bay and inland waters a moderate chop. Rain. Thursday night will bring northeast winds around 10 knots. Bay and inland waters a light chop. A chance of rain.
2014/01/30Thu07:09 AM-0.8L
2014/01/30Thu01:27 PM1.15H
2014/01/30Thu06:08 PM0.64L
2014/01/30Thu11:55 PM2.2H
Northeast winds around 10 knots. Bay and inland waters a light chop. Friday night will bring east winds around 10 knots. Bay and inland waters a light chop.
2014/01/31Fri07:48 AM-0.69L
2014/01/31Fri01:52 PM1.22H
2014/01/31Fri07:04 PM0.49L
East winds around 5 knots then becoming south around 5 knots in the afternoon. Bay and inland waters smooth. A slight chance of showers in the afternoon. Saturday night will bring south winds around 5 knots then becoming southeast around 10 knots after midnight. Bay and inland waters a light chop.
2014/02/01Sat12:47 AM2.08H
2014/02/01Sat08:24 AM-0.5L
2014/02/01Sat02:17 PM1.31H
2014/02/01Sat08:00 PM0.35L
South winds around 10 knots then becoming southwest in the afternoon. Bay and inland waters a light chop. Sunday night will bring northwest winds around 5 knots then becoming northeast after midnight. Bay and inland waters smooth. A slight chance of showers in the evening.
2014/02/02Sun01:39 AM1.88H
2014/02/02Sun08:57 AM-0.28L
2014/02/02Sun02:43 PM1.43H
2014/02/02Sun08:58 PM0.24L
Solunar Forecast
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text:
box-folder 3/17-21
V. Material toward Lion fight by Michael McClure. [series]:
(ca 42 items.)
Scope: Lion fight is a collection of 25 cards, which
collectively form a poem. Two extra cards serve as a title page, bearing the
title and author of the work and the publication information. A colophon card,
signed by the author and numbered by the publisher, was also included in each
complete set. This material consists of correspondence, manuscripts, Dream Table (sent as example for printing specifications
for Lion Fight), galleys, and miscellany.
box-folder 3/17
V. 1. Tucker-McClure correspondence. (1968: Oct-1969:
(14 items.)
Scope: Consists of correspondence between Harvey Tucker and Michael McClure.
McClure, Michael, 1932-, American author.
To Tucker, Harvey, American author
((ALS, 1p), Contains Auto. drawing, written on verso of poster for London production of McClure's The Beard)
((TLS, 1p), written on verso of poster advertising The Cherub)
((ALS, 1p), Written on verso of poster dedicated to James B. Rector)
((TLS, 1p))
((ALS, 1p))
((ALS, 1p))
October 30,
((TLS, 1p))
November 12,
((TLS, 2p), Enc.: biographical statement and text for explanatory statement to be printed on each deck)
November 22,
((TLS, 1p))
July 9,
((TLS, 1p))
box-folder 3/18
V. 2. Manuscripts.
(2 items.)
Scope: Consists of 2 manuscripts, one containing printer's notes.
box-folder 3/19
V. 3. Materials towards Dream table. (San Francisco: Dave Haselwood,
1965) ca. 1965
(1 item.)
Scope: Consists of Dream Table, (San Francisco: Dave
Haselwood, 1965), a deck of 30 laminated cards which
form a poem. These were to be used as a sample for Tucker.
box-folder 3/20
V. 4. Galleys.
(1 item.)
Scope: Consists of galleys for the cards.
box-folder 3/21
V. 5. Miscellany.
(ca. 28 items.)
Scope: Consists of miscellaneous editorial matter, including drafts of title card,
drafts of logo statement, card stock samples, and 22 colophon cards signed
by McClure.


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Vitamin B12 (cobalamin) deficiency should be on your radar screen for several reasons. Prevention, early detection, and treatment of vitamin B12 deficiency are important public health issues, because they are essential to prevent development of irreversible neurologic damage which can impact quality of life. Although most health care providers already recognize the occasional person who presents with obvious signs and symptoms, they are far less likely to screen and diagnose the majority of patients who have a subclinical or mildly symptomatic vitamin B12 deficiency. Vitamin B12 deficiency is more common among older adults than many health care providers realize. Unpublished analysis at CDC of laboratory data from community-based samples of U.S. adults 51 years of age or older suggest about 1 (3.2%) of every 31 persons have serum vitamin B12, levels below 200 picograms per milliliter (pg/mL).
Vitamin B12 has profound effects on human health. Adequate body stores are essential for several crucial neurologic and hematologic functions. Delays in the diagnosis and treatment of vitamin B12 deficiencies can lead to development of severe, irreversible neurologic damage.
The clinical importance of vitamin B12 was established over 50 years ago when ingesting raw animal liver (the primary storage organ for vitamin B12) was found to be an effective treatment for pernicious anemia. Research has shown that the water-soluble vitamin B12 is required for the completion of several biochemical processes (see Figure 1).
The following five top things to remember about vitamin B12 in primary care practice summarize the implications of these and other cobalamin-related findings.
The top five things to remember about vitamin B12
1. Vitamin B12 deficiencies occur in adults 51 years of age or older at a frequency of 1 (3.2%) in every 31 persons, and manifest as serum vitamin B12 levels below the cutpoint of 200 pg/mL.
2. All patients with unexplained hematologic or neurologic signs or symptoms should be evaluated for a vitamin B12 deficiency. If found, the cause should be determined.
3. Today, megaloblastic anemia is most likely due to vitamin B12 deficiency and needs prompt evaluation. In the United States, folic acid fortification has made folate deficient megaloblastic anemia a very rare condition.
4. Although the body's ability to absorb naturally occurring vitamin B12 decreases with age, most people can readily use the synthetic form of cobalamin.
5. All people 51 years of age and older should get most of their daily vitamin B12 through supplements containing vitamin B12 or foods fortified with vitamin B12.
This update has been prepared and organized to address four questions pertinent to primary health care providers:
- Why should I be concerned about my patient's vitamin B12 status?
- Introduction
- Case studies
- Natural history and prevalence of vitamin B12 deficiencies
- Manifestations of low vitamin B12 levels
- Which of my patients are at high risk for a vitamin B12 deficiency?
- Risk factors for a vitamin B12 deficiency
- How do I detect and diagnose a vitamin B12 deficiency?
- Screening patients
- Detection and diagnosis
- How should I manage a patient with evidence of a vitamin B12 deficiency?
- Managing patients with evidence of a vitamin B12 deficiency
- Preventing vitamin B12 deficiencies
Contact Us:
- Centers for Disease Control and Prevention
National Center on Birth Defects and Developmental Disabilities
Division of Birth Defects and Developmental Disabilities
1600 Clifton Road
Atlanta, GA 30333
- Contact CDC-INFO


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My Pizza Oven: RobynB's Indoor Wood-Fired Oven
"...that's become one of our qualifications for new friends: 'How much pizza can you eat and how often? Oh, you don't like pizza? Nice knowing you.'" More
"...that's become one of our qualifications for new friends: 'How much pizza can you eat and how often? Oh, you don't like pizza? Nice knowing you.'" More
We got wind of Aaron "DoubleA" Harris's oven when he chimed in on the Awesome Pizza in Kentucky? Talk topic. You know what happens when you mention you own a wood-fired oven around these parts, don't you? You get yourself a place in the hot seat. Let's get Aaron in there now.... More
"It was installed when we built our house, circa 2006. It is made of French stone and has has a honeycomb shape (the inside portion that is). It is alleged by them (the manufacturers) that this particular stone retains heat better than most, so the baker does not need to feed the fire as often. It came as a kit, but the builder put it all together. The outside stone is from a portico on one of the buildings on our property which fell down. The stone mason built this around the honeycomb inside kit. It probably took a few days to build because the granite had to be cut and fitted around the oven." More
While he is not well-known here on Slice, a relative newcomer to the wood-fired homemade pizza scene has been posting pictures of some mouthwateringly delicious-looking pizzas over at pizzamaking.com under the screen name dellavecchia. Dellavecchia has made rapid progression with his wood-fired oven and his curiosity, passion, and constant experimentation convinced me that he needed to be featured on My Pizza Oven. Let's put him in the hot seat! —PB John and his Primavera 70 Oven. [Photographs: Marcus Aaron Walker, courtesy of John Della Vecchia] Name: John Della Vecchia Location: Natick, Massachusetts (just outside of Boston) Oven: Forno Bravo Primavera... More
When Tom Scarborough made his My Pie Monday debut yesterday and mentioned cooking in "my WFO for a couple minutes at 800°F," I knew we had our next victim for http://slice.seriouseats.com/tags/My+Pizza+Oven">My Pizza Oven. Let's put him in the hot seat! More
"I've roasted vegetables on post-pizza days and have used the oven as a smoker. I like the roasting in particular because it makes use of heat from the pizza firing. I want to try bread pretty soon and plan to cook a Thanksgiving turkey in there this year." More
"When you build a pizza oven, suddenly everyone is your friend—even people you were sure hated you! Our neighbor's kids come to the fence with hungry looks and usually go back in with a couple of pizzas." —Dave Konstantin More
"You don't need a lot of money or space to have a wood-fired oven. I built this oven by myself in less than a week of actual work for less than $200. It makes excellent pizzas, and with a live fire can make easily more than a dozen 12-inch pies, bake tons of bread, and even roast a chicken. I had zero masonry experience and still pulled this off.... Go for it! What's the worst that can happen? You have a pile of mud in your backyard?" More
Over the weekend Timothy Paul Perry (aka timotheos) started a thread in Serious Eats Talk about his DIY pizza oven. It was so intriguing—he uses an inverted wok as a dome in a hacked home oven—that people were pinging him for pictures and more info. I knew I had to put him in the hot seat for a My Pizza Oven interview. Whoomp, here it is. More
I don't know if I've made it clear during Pizza But Not Pizza Week/Fusion Pizza Week yet that these 5 days are more about the celebration of novel forms of pizza — not a diss on them. With that in mind, I would like to introduce you to Rene Walhout and his very novel form of making pizza — the G3 Ferrari Countertop Pizza Oven. The pizzas that come out of it look really good. Which is amazing, because this gadget looks more like a tortilla press than a serious oven. But Rene swears by it and was excited to share it. I've caught the fever now, too, and am on the lookout for one. Anyway, let's get Rene in the hot seat. Right this way .... More
You might recognize Jay Jerrier primarily by his screen name on Slice — canerosso. He's the first My Pizza Oven profile I've done with someone who owns a mobile pizza oven. From the looks of his pizzas, it looks like the oven on wheels is no impediment to high-quality pies. Without further ado, let's get Jay in the hot seat! More
Last week, I got an email from David S. with the subject line "Another pizza oven grows in Brooklyn." David was referring to Mark Wilkie's backyard Brooklyn pizza oven, which you may remember from August of last year. Building a pizza oven in a Brooklyn backyard is sort of a feat, since A) space is at a premium and B) it's often pretty damn difficult to get items into the backyard because there's often no access other than what you've got going through the living space itself. Anyway, David promises to keep us updated throughout the process. (Between his first... More
I discovered today's My Pizza Oven subject via the My Pie Monday feature when she submitted a photo of her Margherita pizza. She was kind enough to put herself in the hot seat for us. And, wow. Turns out she's from Cebu, Philippines. Talk about pizza in paradise. More
This week's My Pizza Oven interview is our first international edition. Matt Stuttle, from Cambridge, UK, joins us to tell us about his oven, which he uses to great effect to entertain family, friends, and neighbors. (And, no, that's not Matt in the photo at left but his son—that kid's going to have quite the advantage when it comes to the Pizza Cognition Theory. More
Last week I got an email from today's My Pizza Oven subject, Sue Wong of Phoenix: "I just had my first wood-fired oven installed in my backyard a month ago and have been reading everything I can on pizza, and your blog is my favorite." Well, if Ms. Wong was gunning for a MPO spot, she knew just the right buttons to push. Flattery gets you everywhere, right? Anyway, without further ado, let's put Sue in the hot seat. More
This week's My Pizza Oven interviewee, Caleb Schiff (aka Flagstaff Forno), is A) awesome and B) CRAZY. He's got a beautiful backyard wood-fired oven he built himself and cooks some great-looking pizza in. That's the awesome part. The CRAZAY part is that he seems totally serious about hosting Flagstaff-area Slice'rs for pizza. I don't think he knows what he's getting himself into! More
"I categorize a lot of pizzerias as "Progressive Neapolitan," and I would like to think that description fits me as well. It means building on the foundation of a traditional Neapolitan pizza whether you are herbalizing the sauce, stiffening the crust a bit, or anything else along those lines." More
He appears in the evenings on the streets of San Francisco, mostly in the city's Mission District, with a heavily modified Weber kettle grill in tow. Into his "FrankenWeber" goes wood, though, not charcoal. And instead of burgers or hot dogs, the dish that Pizza Hacker cooks is, obviously, pizza. And while this scene sounds like it could veer toward "gimmick," it is anything but. Pizzahacker is the real deal, as this Q&A with him reveals. Get to know him and his craft! More
I'm happy to highlight Mark Graban's pizza oven here on the site today. Mark was actually the first Slice reader to ever contact me and send me links and info about a backyard pizza oven. This must have been back in early 2007 or so. Since then, I've checked in on his blog* periodically to see what he's up to. Without further ado, let's fire up this Q&A! --The Mgmt. [Photographs: Mark Graban] When did you put it in? Our inspiration for the oven was the world-famous (rightfully so) Pizzeria Bianco. My wife and I used to live in Phoenix,... More
When I put out a call for people to be featured in the My Pizza Oven series, I never thought I'd get a response from someone who lived a mile away from me in Brooklyn. I mean, it's New York City--not that many people have their own yards here, and of those who do, how many are crazy* enough to put in a backyard pizza oven? Nice to see an oven grow here. --The Mgmt. Mark Wilkie's oven--just finished over the weekend. [Photographs: Mark Wilkie] You put a pizza oven in the garden of your Brooklyn home. First question, then:... More


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Gear Review
Four Horsemen
Great all season long
Last year I purchased the 2009 Analog Perimeter Jacket and Pants which I rode with all year long in the mountains of Colorado and never had a single problem, except for on warmer days when I got too hot because they're insulated. So this year when Analog came out with the Asset Jacket and Pants, which is similar to the Perimeter line but with no insulation, I knew I had to have this jacket and its matching pants for those warmer days when I don't need something as heavy.
View More Details on Analog Asset Jacket - Men's


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By Army Sgt. 1st Class Tyrone C. Marshall Jr.American Forces Press Service
WASHINGTON, Dec. 12, 2011 The Defense Department's third most senior official and top female leader has resigned, but will remain in position until February to ensure a smooth transition, Defense Secretary Leon E. Panetta announced today.
Michèle Flournoy, undersecretary of defense for policy, today announced her intention to step down and return to private life, Panetta said.
"In her discussions with me, Michèle made clear that her decision to leave is motivated by personal and family considerations," he said. "I am very pleased that she has agreed to stay on until early next year to enable a smooth transition."
Confirmed by the Senate on Feb. 9, 2009, Flournoy is responsible for all matters on formulating national security and defense policy, the integration and oversight of DOD policy, and plans to achieve national security objectives.
Panetta praised Flournoy for her dedicated service to the department, and her impact on national security interests.
"Michèle has been an invaluable advisor to me during my six months as secretary of defense, and has been an outstanding departmental leader for nearly three years at a time of great consequence for our nation's defense," he said.
"From guiding our strategy in Afghanistan and Iraq, to helping set the department's priorities and global posture through the 2010 Quadrennial Defense Review as well as the strategy review that has been underway this year, Michèle has made a strong and lasting positive imprint on this department and on our nation's security," he said.
Flournoy is married to W. Scott Gould, deputy secretary of the Department of Veteran Affairs, and they have three children.
Panetta lauded Flourney for her work within the department and expressed regret for her departure.
"Michèle is a treasured colleague, and the entire Department of Defense will be sad to see her go, but she has built an incredible team that is a testament to her leadership," he said.
"I will personally miss her valued counsel, but I understand the stresses and strains that holding senior administration positions can have on families," Panetta noted.
"I look forward to having the opportunity to paying full tribute to Michèle and wish her and her family all the best in the next stage of their lives," he said. "I'm confident that she will have many years of service in her future."
Related Sites:Release
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The opinions expressed in the following comments do not necessarily reflect those of the U.S. Department of Defense.
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text: Quick View Family SUV by Playmobil In stock online $33.95 Cruise from landmark to landmark in the Family SUV. The two child seats make this the perfect vehicle for the entire family. Stow away gear via the hatchback trunk or load the storage container on the vehicle's removable roof rack. This vehicle also comes equipped with an open roof and a… See Details $33.95 was $33.95


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Reference documents
Directive 2009/43/EC on transfers of defence-related products
Directive 2009/43/EC full text
Amendment 2010/80/EU to Directive 2009/43/EC
Amendment 2012/10/EU to Directive 2009/43/EC
Amendment 2012/47/EU to Directive 2009/43/EC
Annex to the proposal for a Directive - Impact assessment: SEC(2007)1593 [591 KB]
Report on Transposition into national legislation
Commission Recommendation on the Certification of Defence Undertakings of 11 January 2011
Directive 2009/81/EC on defence and security procurement
Directive 2009/81/EC full text
Annex to the Proposal for a Directive - Impact assessment
Interpretative communication on the application of Article 296 of the Treaty in the field of defence procurement - COM(2006) 779
Accompanying document to the interpretative communication - Impact assessment summary: SEC(2006) 1555
Press memo on the Defence procurement directive with background information (05/12/2007)
Communication "A Strategy for a stronger and more Competitive European Defence Industry"
The Communication "A strategy for a stronger and more Competitive European Defence Industry" sets out a number of actions that the Commission, Member States and the European Defence Agency (EDA) can take to enhance competitiveness.
Full text of the Communication
Accompanying document to the Communication - Impact assessment - SEC(2007) 1596
Accompanying document to the Communication - Impact assessment summary - SEC(2007) 1597
Defence-related studies
Study on State Control of Strategic Defence Assets, with Annex (4 November 2010). Carried out by a consortium led by the Manchester Institute of Innovation Research (MIOIR) the study examined the current practice of State control of strategic defence assets, developed options for a European dimension of this control, evaluated the options and recommended a course of action.
Study on the industrial implications in Europe of the blurring of dividing lines between security and defence [3 MB] (15 June 2010) Carried out by a consortium led by the Istituto Affari Internazionali to examine the industrial challenges generated by the perceived eroding of distinctions between the defence and security sectors.
FWC Sector Competitiveness Studies - Impact of Emerging Defence Markets and Competitors on the Competitiveness of the European Defence Sector [2 MB] (12 February 2010). Carried out by ECORYS to obtain a detailed understanding of the developments in the key emerging defence markets and their current, and potential, impact on the competitiveness of the European defence sector.
Development of a European Defence Technological Industrial Base [2 MB] , with Annex [627 KB] (2009) . Carried out by TNO to obtain a detailed understanding of the existing structure of the European defence industry, how it has evolved, and to identify the main drivers for change affecting the industry.
The Nature and Impacts of Barriers to Trade with the United states for European Defence Industries [5 MB] (December 2009). Carried out by DECISION to obtain a detailed understanding of the current transatlantic defence trade and the different strategies used by Member States and industry to facilitate this trade.
Competitiveness of European SMEs in the defence sector (5 November 2009) Report [3 MB] and Executive Summary [70 KB] . Carried out by Europe Economics it provides an overview on the industrial landscape, an assessment of factors affecting the competitiveness of defence-related SMEs and recommendations how to improve the situation of SMEs.


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A zero-waste ThanksgivingNovember 27,2013I love Thanksgiving because our kitchen fills with good smells, lots of cooking commotion and laughter. It is a time we feel connected to each other, our community and our history as we come together to feast, celebrate and give thanks.
At our house, that means sharing a turkey dinner with all the fixings gravy, cranberry sauce, squash, potatoes, green beans, stuffing and pie with family and friends. There are always leftovers, and we enjoy snacking on them for days.
Unfortunately, Thanksgiving Day feasts can also result in too much waste. In fact, the U.S. Department of Agriculture reports that Americans waste about 35 percent of the turkey we purchase, and much of that food waste ends up in landfills.
The Agency of Natural Resources has worked with partners around the state to provide better alternatives for handling Vermonts food waste. Over the course of the next several months the state will begin implementing Vermonts new Universal Recycling law. Under this new law, all of Vermonts food waste will be put to beneficial use by 2020, with the businesses that are the largest generators of food waste beginning to divert their food waste by July 2014.
This is great for Vermont because food waste and other organic materials constitute nearly a third of what we throw into our landfills, using up valuable space. Once in our landfills, these materials slowly decay emitting methane gas a greenhouse gas that contributes to global climate change. In contrast, when composted, food waste becomes a valuable soil amendment, making our fields more fertile and our gardens more productive.
Although the Universal Recycling Law wont be fully implemented for a few more years, you dont have to wait to ensure that less food is wasted and landfilled this year. Below are five tips to help you have a zero waste Thanksgiving celebration.
1. Smart shopping. A well-planned shopping list helps reduce waste at the source. Buying a smaller bird allows us to be thankful for each and every morsel.
2. Celebrate for days. Stretch your dollars and reduce your waste by enjoying leftovers for days. Turkey sandwiches and hearty soups are great post-Thanksgiving treats.
3. If you dont eat it, freeze it. Leftovers you dont get to can often be frozen for later enjoyment.
4. Share the bounty. Donating food is an enriching way to express the spirit of Thanksgiving and reduce food waste.
5. Compost. Food scraps that are not consumed still have value as compost. Backyard composting at home, and centralized commercial composting turn food scraps into nutrient rich soil to grow more food.
Like the earliest Americans, Vermonters know that our continued prosperity depends upon the stewardship of the land we live on. We can protect and preserve Vermonts natural environment for future generations, and one way to do this is to make sure we dont waste our important resources. By keeping these tips in mind we will all have one more reason to be thankful this Thanksgiving Day.
Deb Markowitz is Vermont secretary of natural resources.MORE IN CommentaryI started my career as a foreign correspondent in Beirut in 1979. Full StoryThere are several passages in the new book "Overloaded and Underprepared" that fill... Full StoryMy son Nick, a podcast aficionado, suggested recently that Id enjoy a podcast called StartUp,... Full Story
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When we shared this ensemble from the Chanel SS13 show on Facebook, you guys absolutely loved it! It's such an usual handbag design by Karl Lagerfeld that it really caught the attention of the press and the public (with mixed reactions). Earlier this week, Alexa Chung co-hosted US chatshow Anderson Live and she was gifted a personalised version of the bag. We love the classic Chanel 2.55 handbag, but we're not sure about this new design. Do you think you could rock the hula hoop bag?
To watch Alexa receiving the bag, just
Source: Alexa_Chung on Twitter


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parody of the New York Times Weekender ad
thanks anne
I'm a Designer. Jack of all trades, master of none.
Follow @tim_mckee
thanks anne
Tags: parody of the New York Times Weekender ad
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A photoresist having both positive and negative tone components resulting in a lower "k" factor than the single tone photoresist is disclosed. The hybrid resist may either have the negative tone resist or the positive tone resist as the major portion, while the other tone is a relatively minor portion. For examples, a positive tone resist may include a minor portion of a negative tone cross-linker or a negative tone resist may include positively acting functional groups. The hybrid resist of the present invention allows for wider exposure dosage windows, therefore increasing the yield or performance and line density.
1. An enhanced resist composition comprising:
a photoresist material having blocking groups that are induced by a single excitation event to deblock; and
a cross-linker,
wherein the composition is initially soluble in aqueous base;
wherein both the cross-linker and the blocking groups are induced to respond by a single excitation event;
wherein the amount of blocking groups is less than the amount required to keep the composition soluble in aqueous base after cross-linking occurs; and
wherein the composition is rendered aqueous base insoluble after cross-linking even though the solubility of the exposed composition is increased by the blocking group response.
2. The composition of claim 1, wherein the photoresist material is a modified negative tone resin.
3. The composition of claim 2, wherein the negative tone cross-linker includes a group capable of reacting with a polyhydroxystyrene and wherein the modified negative tone resin is present in an amount equaling about 75 to 95 weight percent of total solids and has ketal blocking groups.
4. The composition of claim 2, further comprising a photoacid generator and a solvent, wherein the photoacid generator is selected from the group consisting of:
sulfonium salts and iodonium salts.
5. The composition of claim 4, wherein the modified negative tone resin is from about 75% to about 95% of the total solids, the photoacid generator is from about 1 to about 15% of the total solids, the negative tone cross-linker is from about 4 to about 10% of the total solids, and the solvent is from about 70 to about 85% of the total composition.
6. The composition of claim 2, further comprising a base additive.
7. The composition of claim 2, further comprising a sensitizer.
8. The composition of claim 5, further comprising a base additive, wherein the base additive is about 0.1% of the solids and wherein the base additive is 7-diethylamine-4-methyl coumarin, wherein the modified negative tone resin is a polyhydroxystyrene, 10% hydrogenated, wherein about 24% of the phenols have a methoxypropene blocking group and wherein the negative tone resin is about 80% of the solids, wherein the photoacid generator is N-(trifluoromethylsulfonyloxy)-bicyclo-hept-5-ene-2.3-dicarboximide and wherein the photoacid generator is about 10% of the solids, wherein the cross-linker is tetramethoxymethyl glycoluril and wherein the cross-linker is about 8% of the solids, wherein the solvent is propyleneglycol monomethylether acetate, and wherein the solvent is about 80% of the composition.
9. The composition of claim 7, wherein the protected polyhydroxystyrene is about 97% of the solids, the triphenyl sulfonium triflate is about 1.5% of the solids, the tetramethoxymethyl glycouril is about 1% of the solids, the tetrabutylammonium hydroxide is about 0.1% of the solids, and the propyleneglycol monomethylether acetate is about 80% of the total composition.
10. The composition of claim 1, wherein the amount of the blocking groups is additionally large enough such that their response buffers the response of the cross-linker to improve the "k" factor of the composition relative to a comparable composition lacking the blocking group response.
This application is a sister application to the co-pending U.S. Application by Hakey et al. entitled "FREQUENCY DOUBLING HYBRID PHOTORESIST HAVING NEGATIVE AND POSITIVE TONE COMPONENTS AND METHOD OF PREPARING THE SAME", Ser. No. 08/715,287, filed [this same day] Sep. 16 1996 and incorporated herein by reference.
1. Technical Field
The present invention relates generally to the fabrication of semiconductor devices and, more specifically, to a photoresist material having both negative and positive characteristics so that the processing windows are wider.
2. Background Art
Manufacturing of semiconductor devices is dependent upon the accurate replication of computer aided design (CAD) generated patterns onto the surface of a device substrate. The replication process is typically performed using lithographic processes followed by a variety of subtractive (etch) and additive (deposition) processes.
Photolithography, a type of lithographic process, is used in the manufacturing of semiconductor devices, integrated optics, and photomasks. The process basically comprises: applying a layer of a material that will react when exposed to actinic energy, known as a photoresist or, simply, a resist; selectively exposing portions of the photoresist to light or other ionizing radiation, i.e., ultraviolet, electron beams, X-rays, etc., thereby changing the solubility of portions of the resist; and developing the resist by washing it with a basic developer solution, such as tetramethylammonium hydroxide ("TMAH"), thereby removing the non-irradiated (in a negative resist) or irradiated (in a positive resist) portions of the layer.
As the need for higher and higher levels of integration has arisen in the industry, the need for a larger number of lines and spaces in a given area has increased dramatically. In response, the scaling of lithographic features has been an essential aspect of enhancing the performance and density of semiconductor devices. Lithographic scaling has been achieved primarily by three methods: increasing the numerical aperture (NA) of the expose tool; reducing the exposure wavelength; and improving the response of the photoresist. These three parameters are expressed in the Rayleigh model for lithographic resolution, as given by the equation:
where R is the resolution, k is an empirically derived parameter that is dependent on photoresist performance, λ is the expose wavelength, and NA is the numerical aperture of the expose tool.
The "k" factor is reduced by resists that can provide a wider focus/expose process window for a high resolution feature. Historically, this "k" factor has been reduced by altering the resist components for example: by adding resins and sensitizers with higher contrast; employing thinner resist films; and using anti-reflective films. The reduction of the "k" factor is becoming more important because NA values are reaching their limit at 0.65-0.70 and since work at reducing the expose wavelength from the state-of-the art of 248 nm is still in preliminary stages.
Therefore, there is a desire for a photoresist material that overcomes one or more of the aforementioned shortcomings.
The present invention performs the functions of the usual photoresist, be it negative or positive, with less sensitivity to process conditions, i.e., a reduced "k" factor, allowing a wider range of conditions, such as exposure dose, while still maintaining the dimensions within allowable limits. Conversely, for a given process latitude, the smallest feature that can be resolved in the resist can also be improved by using the concepts embodied in the present invention. These functions are performed by utilizing a photoresist substance that includes not only the traditional negative photoresist, but also "doping" the negative resist material with a proportion of a positive resist material. In a like manner, a positive tone photoresist material may be "doped" with an amount of a negative resist material.
It is an advantage of the present invention that the exposure latitude may be increased significantly, providing better control of feature size at all levels: lot-to-lot; wafer-to-wafer; within wafer; and within chip. This greater level of feature control may in turn either give rise to a higher yield of product at a particular feature size because errors are not as harmful to overall device fabrication or the feature size may be shrunk while still maintaining line width control thus gaining greater performance and density.
The foregoing and other features and advantages of the invention will be apparent from the following more particular description of preferred embodiments of the invention.
The preferred exemplary embodiments of the present invention will hereinafter be described in conjunction with the appended drawings, where like designations denote like elements, and:
FIG. 1 is a graph plotting the width of lines printed using the present invention versus the exposure dose, thereby showing the range of acceptable doses is greater with the enhanced k factor resist than without; and
FIG. 2 is a scanning electron micrograph of lines and spaces printed using the enhanced k factor photoresist of the present invention.
Accordingly, improved, reduced "k" factor resists are provided by the present invention in which a first radiation induced response and a second radiation induced response are combined in a single resist formulation and are induced by a single excitation event. For example, the first radiation induced response may be a light induced response causing the resist to become soluble in exposed areas while the second radiation induced response may be the negative tone type action of a crosslinker causing the light affected areas to become higher in molecular weight, thereby decreasing the solubility of the resist material.
This concept is applicable to both positive tone systems as well as negative tone systems. In the positive tone system formulation, which shall be referred to as an "enhanced positive resist" to distinguish from the conventional positive resists, a negative acting component, such as a cross-linking agent, is used as a minor additive, thereby imparting a certain amount of negative tone chemistry to the resist formulation. Conversely, the performance or "k" factor of a negative resist is improved by addition of an appropriate proportion of a positive acting component. Such a resist shall be referred to as an "enhanced negative resist." It is believed that the increased exposure latitude is obtained because the positive and negative components of the decreased "k" factor resists counterbalance each other at the edge of the exposed image. As the positive tone resin is exposed to become soluble in the developer, the negative tone function begins to cross-link the resin and reduces its solubility. Surprisingly, the combination provides a "buffer" against variations in exposure dose without a reduction in contrast or resolution capability.
The positive tone system may include as the major, active portion of the resist material any of a number of positive tone resist materials, including, but not limited to, partially protected polyhydroxystyrenes. Suitable compositions of the enhanced positive resist include those shown in Table 1. Examples of materials that can be employed in accordance with this invention and their relative proportions in typical formulations are also provided in Table 1.
Additionally, photosensitizers and base additives may be utilized to further enhance the reactions of the photoresist. Sample base additives include: dimethyl amino pyridine; 7-diethylamino-4-methyl coumarin (Coumarin 1), tertiary amines, proton sponge, berberine, and the polymeric amines as in the "Pluronic" or "Tetronic" series from BASF. Additionally, tetra alkyl ammonium hydroxides or cetyl methyl ammonium hydroxide may be used when the PAG is an onium salt.
Examples of sensitizers that may be utilized include: chrysenes, pyrenes, fluoranthenes, anthrones, benzophenones, thioxanthones, and anthracenes, such as 9-anthracene methanol (9-AM). Additional anthracene derivative sensitizers are disclosed in U.S. Pat. No. 4,371,605, which is incorporated herein by reference. The sensitizer may include oxygen or sulfur. The preferred sensitizers will be nitrogen free, because the presence of nitrogen, e.g., an amine or phenothiazine group, tends to sequester the free acid generated during the exposure process and the formulation will lose photosensitivity.
In accordance with preferred embodiments of this invention, the positive tone function (i.e., the deblocking chemistry) operates relatively less dependently on a post expose bake (PEB), whereas the negative tone function (i.e., the cross-linking chemistry) varies in response to the PEB temperature. Therefore, the relative responses of the two tones may be modified simply by altering the PEB temperature. In this manner, one may optimize the extent to which the crosslinking or negative chemistry affects the lithographic performance. Too little negative chemistry does not allow the benefits to be fully realized in terms of better exposure dose latitude or resolution. On the other hand, too much negative chemistry will give rise to unwanted effects such as scumming, residue, etc. in the exposed region.
While one particular preferred positive tone system is illustrated by this example, it is to be understood of course, that many other examples are within the scope of the present invention.
The following ingredients were dissolved in PM acetate solvent for a total of 18.9% solids:
polyhydroxystyrene (PHS), available from Maruzen America, New York, N.Y. with ˜24% of phenols protected with methoxypropene (MOP), 97.5% of solids;
triphenyl sulfonium triflate, 1.4% of solids;
tetramethoxymethyl glycoluril (Powderlink), available from Cytec, Danbury, Conn., 1.0% of solids; and
tetrabutylammonium hydroxide, 0.1% of solids.
The resulting solution was filtered and applied to silicon wafers to a thickness of approximately 0.8 μm. The coated wafers were subjected to a soft-bake of 110° C. for 60 sec and exposed with a 248 nm excimer laser source in a 0.37 NA Canon stepper through a mask with appropriate nested and isolated lines and spaces. The wafers were post expose baked (PEB) to 110° C. for 90 seconds and developed with 0.14 Normal (N) TMAH developer for 120 seconds. The lithographic performance was compared with that of an identical formulation as above except with no Powderlink. FIG. 1 shows that the dose latitude of this enhanced positive resist is about one and one-half times that of the conventional resist as measured by positive tone response in a given dose range.
In a negative tone system, the primary photo-response is from the negative tone resist material, however, the addition of a positive tone resist material or merely addition of groups that will function with positive tone chemistries, such as ketal groups, again enhances the exposure latitude. Suitable components of an enhanced negative tone resist include those shown in Table 2.
Again, photosensitizers and base additives, such as those listed above may be used to enhance the clarity of the final lines and spaces and to change the type of radiation or wavelength at which the photoresist material responds to the actinic radiation.
It should be pointed out that the difference between the enhanced positive resist and the enhanced negative resist illustrated in Tables 1 and 2 is not in the number or the type of components, however, it resides in the relative proportion of the crosslinker that is employed. In the case of an enhanced positive tone resist, the crosslinker is used in a relatively small quantity. The purpose here is not to obtain the negative tone response, but to slow down the positive tone in a given dose range. In the case of an enhanced negative tone resist, the crosslinker content is relatively higher, which is typical of a conventional negative tone resists, as will be apparent to those skilled in the art. In this case, however, the negative tone resin has blocking or protecting groups that are induced by radiation to become deblocked. This deprotection reaction renders the entire resin more soluble and provides the counterbalancing chemistry simultaneously with the predominant negative crosslinking chemistry.
The following examples are again merely illustrative of the present invention and are not meant to be limiting as many other formulations should be readily apparent to those skilled in the art.
The following ingredients were dissolved in PM acetate solvent for a total of 20% solids:
PHS, 10% hydrogenated with about 24% of phenols protected with MOP, 81.2% of solids;
N-(trifluoromethylsulfonyloxy)-bicyclo-[2.2.1]-hept-5-ene-2,3-dicarboximide (MDT) available from Daychem Labs, Centerville, Ohio, 10.5% of solids;
Powderlink, 8.2% of solids; and
Coumarin 1, 0.1% of solids.
The resulting solution was filtered and applied to silicon wafers to a thickness of about 0.8 μm. The coated wafers were subjected to a soft-bake of 110° C. for 60 sec and exposed with a 248 nm excimer laser source on a 0.37NA Canon stepper through a mask with appropriate nested and isolated lines and spaces. The wafers were post expose baked at 110° C. for 60 sec and developed with a 0.263N TMAH developer for 60 sec. As shown in FIG. 2, the smallest line resolved in this case was 250 nm. This translated to a k factor of 0.37. When formulations were made identical to those above, except that the MOP protected PHS was replaced with an unprotected PHS, and were processed in the same manner, the minimum resolution obtained was 300 nm with a k factor of 0.45. Thus, the former formulations had a k factor enhancement of nearly 20% over the latter.
While the invention has been particularly shown and described with reference to preferred exemplary embodiments thereof, it will be understood by those skilled in the art that the foregoing and other changes in form and details may be made therein without departing from the spirit and scope of the invention.
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In 1964, when architect and homebuilder Ken Bonner, 75, built the first home south of the Dulles Access road in Reston, he remembers having to transport a portable generator to the building site in the back seat of his 1957 Ford because there were no power lines yet.
"It was rough," he said. "That was a cold, wet winter and I was building primarily in the mud, with only woods around me. We had to haul all our equipment down there by hand and on foot from Reston Parkway. There wasn't any other road to drive on yet."
The home, Reston's first detached single-family house, still stands today on Stirrup Road and turns 50 this year, along with Reston itself.
The modern-design home, built when Bonner was only 25, has been featured in national magazines and still is considered a technological marvel for its use of space, natural lighting and energy-conserving design. He since has built approximately 65 other homes in Reston, as well as some residential apartment buildings.
"My philosophy has always been to maintain the natural beauty of a homesite," Bonner said. "I like to build in such a way as to utilize natural sunlight and preserve trees. My idea was always to integrate a human living space into nature in an environmentally sensitive way."
In the 1960s, Reston founder Robert E. Simon Jr. was eager to give Bonner a chance to build throughout Reston with that philosophy in mind.
"I well remember the pleasure it gave me in the early days of the development of Reston to show Ken Bonner's houses off to visiting firemen and media people," Simon wrote in a letter of recommendation to Bonner in 1984. "They were outstanding among the single-family detached houses built by others …"
Joan Smith has lived in Reston's first stand-alone house since 1967. She and her husband purchased it from the Segman family, the home's first owners, when they moved out after only three years.
According to both Smith and Bonner, Ralph and Sally Segman became disillusioned when other environmentally conscious homes were not built on surrounding lots. They voiced their displeasure in a newsletter they created that eventually became the Reston Times newspaper.
"This is the room where the Reston Times was born," said Smith, pointing to her den.
Smith, who graduated from the University of California at Berkeley and calls herself unconventional, said she was immediately drawn to the house for its unique spacial and conservational properties.
"It was built in an oriented-north-to-south-passage solar design," she said.
Smith explains this means the sun lights her kitchen when it rises in the morning, lights her living room as it crosses the sky midday, and then lights her den as it begins to set. The home also is outfitted with several ceiling skylights, making electric lighting unnecessary on most sunny days.
"There is also an eave that juts out beyond my roof in the back," she said. "It allows the sun in the winter to warm my floor, but in the summer, when the sun is slightly higher in the sky, the eave prevents the sunlight from coming in that far."
When asked how Reston has changed in 50 years, both Bonner and Smith agree that what is most notable is how Reston has not changed.
"There is still a great sense of community and involvement," Smith said. "When I first moved here, there were about 130 people. That was it. We had to be communal. There was no other choice. But I am glad to see that spirit still alive today, now not by necessity, but by desire."
Bonner, who has himself lived in Reston since 1968, agreed.
"What amazes me is that Reston still looks relatively the same," he said. "The trees that act as a buffer between homes still mostly remain even though there are at least 60,000 residents now. That is truly a unique quality that Reston has maintained."


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...and spots are filling up quickly, so register today! The deadline to sign up is Thursday, September 5th.
If you haven't heard about RaterFest! before, or you need a refresher on all the exciting details, visit our website: http://energylogicacademy.com/e-pro/raterfest-2/. You can earn a variety of professional CEU's, engage in great networking and learning opportunities, eat delicious meals, and enjoy the…Continue
Posted on August 29, 2013 at 3:18pm
EnergyLogic is excited to invite you to the 5th annual RaterFest! event, one of the best conferences and values in the industry! This year's retreat will take place on September 13th - 15th, 2013 near Black Hawk, CO. This incredible 2.5 day conference is nestled amongst the beautiful Colorado Rocky Mountains, and provides attendees with a focused opportunity to learn, network, and interact with fellow Energy…Continue
Posted on August 13, 2013 at 2:32pm
We hope you can join EnergyLogic for the one of the best conferences available for home energy professionals - RaterFest! This year's retreat includes a great lineup of presenters, including Mark LaLiberte and Sam Rashkin (along with 12 other industry leaders). In addition to some truly incredible presentations, you will get to network with fellow energy professionals, enjoy delicious meals made from organic/local ingredients, and have one-on-one time with industry experts...all in the…Continue
Posted on April 30, 2013 at 2:28pm
Hi Linda,
Welcome to Home Energy Pros! Feel free to join the conversation in the Forum and Groups. And share your energy efficiency photos, videos and upcoming events. If you're blogging about home performance, this is the place for you!
Don't forget to upload your profile photo. And add your location on our Member Map!
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© 2015 Created by Lawrence Berkeley National Laboratory.


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Northern, Southern name new athletic directors
Northern Vance and Southern Vance each entered fall sports with new athletic directors.
Jeff Tate succeeded Jeff Arthurs at Northern and Joe Sharrow is serving in an interim role for Southern following David Jennings' departure.
Arthurs resigned after less than a year as athletic director, leaving to take a teaching position at Carrboro High School and Jennings has joined Franklinton High School's football team as an assistant coach.
Arthurs assumed David Hicks' duties when the longtime Northern athletic director retired last fall.
Sharrow is Southern's third athletic director since Ed Wilson retired in 2012.
Arthurs taught at Northern for eight years and coached the boys and girls tennis programs for six years.
"I enjoyed it tremendously," said Arthurs. "Great kids, great parents. Couldn't have asked for more. I think we had a good program going, great support. It was very hard to leave."
Lauren Bryan of Jacksonville replaced Arthurs as the girls tennis coach and will also lead the Vikings' softball program.
Tate served as Kerr-Vance Academy's athletic director for one year before the position was eliminated in May.
Tate led Northern to five conference titles in his decade-long tenure as the Vikings' baseball coach in addition to serving as an assistant football coach.
Following his time at Northern, Tate had a short stint as a KVA baseball assistant before leading J.F. Webb's baseball team to five state playoff appearances from 2006-12.
Vikings' head baseball coach Benji Nelson played for Tate at Northern before serving as his assistant coach. Tate and Northern head football coach Eric Watkins grew up playing sports together and were Vance High basketball and football teammates.
"It's good to be back here," said Tate. "I've seen a lot of faces that I know and some new people, too. I'm excited about it. It's definitely going to be a challenge."
Tate said an emphasis will be placed on academics and increasing participation in each sport. Northern has struggled to field junior varsity football teams the last few seasons and the Vikings' 2014 softball season was suspended when the team no longer had the numbers to compete.
"The decisions I make aren't going to make everybody happy," said Tate. "As long as I can look at myself in the mirror and know that I'm doing the right thing — and that's what I want my coaches to do. I want them to do what's best for the kids and the team."
Sharrow hails from Traverse City, Michigan and has coached and taught at Southern for three years.
Sharrow anticipated continuing his role as junior varsity head football coach prior to accepting the athletic director position. The Michigan State University graduate has also been an assistant baseball and varsity football coach at Southern.
"I think Dave Jennings did a really good job," said Sharrow, "and I kind of just want to pick up where he left off and keep everything running smooth, try to make sure that our athletic department is as successful as it can be."
Jennings found success as a Southern football coach, serving as an assistant coach from 1999-2002 before taking the reigns of the program. The Pennsylvania native compiled a 44-14 record as head coach, guiding the Raiders to the N.C. High School Athletic Association 2-AA state championship game in 2006.
Jennings, who will coach the Red Rams' offensive and defensive lines, was "allured by change" and said he was eager to get back on the sidelines before thanking the Vance County Schools superintendent and Southern principal, respectively.
"I have an opportunity to try something new and really just want to try to see how I do coaching again," said Jennings. "I'm very honored to have had the opportunity to teach and coach in Vance County for 14 years. It was definitely the most rewarding professional experience I've ever had. I appreciate all that Ronald Gregory and Stephanie Ayscue have done for me."
Southern and Franklinton each compete in the 2-A Northern Carolina Conference and are scheduled to meet in football Friday, Nov. 7 at Southern.
Contact the writer at email@example.com.


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Um, is this real life? We guess we were so distracted by Matthew Fox's DUI earlier this month that we failed to notice that the actor had slowly turned into a hyper-sinewy street fighter. Seriously, look at him. Now look at a photo of him from earlier this spring. We have to think some of that shreddedness must be CGI or color-corrected beef jerky or something because how can a human being get that jacked and still have functioning organs? Let alone be drinking?
That being said, we are truly psyched to see the Lost actor flexing his acting muscles/every other muscle in his body for the upcoming crime thriller Alex Cross, due out October 26. It's been two years since the hit ABC mystery drama ended and Fox last had a role; playing a serial killer named Picasso across from Tyler Perry's titular detective seems like the perfect way to step back into the limelight. Oh, and we have to wonder…was Fox this cut when he allegedly punched that party bus diver in the groin last November? We hope not. That would be the worst cause of death to have to put in your obituary.
[Photo: /Films]


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At the risk of sounding like too much of a hippie, when we all work together, we can save the planet. Too dramatic for you? Maybe, but it's true when you think about it. Go Green Travel Green is all about realistic ways you can reduce your impact. If we each reduce our environmental impact a little bit, collectively we can make a significant change. In honor of Blog Action Day 2012, we bring you 7 Easy Ways to Green Your Community to go along with this year's theme, "The Power of We."
1. Elect Candidates with Stellar Environmental Records
Use the League of Conservation Voters' Environmental Scorecard to see where your senators and representative stand on environmental issues. Do your research on your local elected officials and the presidential candidates, too.
2. Volunteer in Your Community
Websites like VolunteerMatch and Idealist.org make it easy for you to find volunteer opportunities in your community that match your passion. When you come together with other volunteers, you'll make a huge impact for your chosen organization — and your community.
3. Talk to Friends
Tell your friends and family why environmentalism matters to you. More than facts and statistics, in-person conversations are powerful tools for changing the people's lifestyles.
4. Organize a Green Event
Take advantage of days like Earth Day to organize a green event in your community. You can put together a trash pick-up, an organic food tasting, or an Open Streets gathering.
5. Donate to an Environmental Nonprofit
To make sure your money is well spent, do your research with tools like Charity Navigator, which rates nonprofits based on criteria like financial health and transparency.
6. Shop Sustainably
When you're shopping, choose the greener option. Shop at small, local stores that stock locally grown produce and eco-friendly personal care products. Co-ops and farmers' markets are great options.
7. Take Public Transit, Walk, or Bike
Taking public transportation is exponentially greener than driving everywhere. It can be a great way to experience your city and see it from a completely different perspective. Biking is another great option — you can get in shape and reduce your environmental impact at the same time!
What do you do to green your community?
photo credit: snre


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As of Wednesday, September 12, 2012
© Copyright 2015 Albany Herald
ATLANTA -- The state of Georgia has asked a full federal appeals court to reconsider a decision on the state's tough law targeting illegal immigration.
A three-judge panel of the 11th U.S. Circuit Court of Appeals last month left in place a lower court injunction that blocks part of Georgia's law making it illegal for someone to knowingly harbor or transport an illegal immigrant during the commission of a crime. The panel also ruled last month that a part of the law that authorizes law enforcement to verify the immigration status of criminal suspects who fail to produce proper identification should be allowed to go into effect.
The state on Monday filed a petition asking for a full court hearing. The state wrote in its court filing that the panel's decision goes against certain 11th Circuit and U.S. Supreme Court decisions, including a decision in June on a challenge to a similar law in Arizona. The 11th Circuit can accept or decline the request.
American Civil Liberties Union lawyer Omar Jadwat, who argued the case before the 11th Circuit panel, said the state's request is "a pointless attempt to postpone the harboring provision's inevitable demise."
"This mean-spirited law has failed the constitutional test at every stage of this litigation, and it is going to keep failing no matter how long the State drags out the fight," he said.
A spokeswoman for Georgia Attorney General Sam Olens said the state would have no comment beyond the petition for rehearing.
The state argued in its filing that the panel's finding that federal law preempts the state law's harboring and transporting provision "threatens to undermine the cooperative federalism found throughout state and federal criminal law."
The panel also held that the plaintiffs' private right of action to challenge the law stemmed from the Supremacy Clause of the U.S. Constitution "without performing any of the analysis required by precedents of this Court and the Supreme Court," the state argued.
Georgia is one of several states that last year followed Arizona's lead in enacting strict anti-illegal immigration laws. Proponents have argued they are necessary in part because of alleged federal inaction. Opponents have argued that many of the laws are punitive to immigrants and that immigration policy must be steered by the federal government.
More like this story
- Federal appeals court lifts hold on section of Georgia immigration law ( August 20, 2012 )
- Mandate flunks exam ( August 14, 2011 )
- Supreme Court: Today's rulings (UPDATE: 11 a.m. Water Wars) ( June 25, 2012 )
- New this morning: House passes bill aimed at illegal immigration ( March 3, 2011 )
- Immigration ruling leaves open questions ( June 25, 2012 )