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The Best Style 'Handbook' for Lawyers and Judges
George Orwell's Classic Essay on Writing
Like other Americans, lawyers and judges most remember British novelist and essayist George Orwell (1903-1950) for his two signature books, Animal Farm and 1984. Somewhat less known is his abiding passion about the craft of writing. It was a lifelong passion,[1] fueled (as Christopher Hitchins recently described) by Orwell's "near visceral feeling for the English language."[2]
Orwell's most exhaustive commentary about writing was his 1946 essay, "Politics and the English Language,"[3] which minced no words. "[T]he English language is in a bad way,"[4] he warned. "Debased"[5] prose was marked by "abuse,"[6] "slovenliness"[7] and a "lifeless, imitative style"[8] that was nearly devoid of "a fresh, vivid, homemade turn of speech."[9] A "tendency … away from concreteness"[10] had left writing "dreary,"[11] "ugly and inaccurate."[12] "[V]agueness and sheer incompetence," he said, "is the most marked characteristic of modern English prose."[13]
Orwell's 12-page essay diagnosed what he called the "decay of language," and it offered six curative rules.[14] The diagnosis and rules still reverberate among professional writers. More than 65 years later, Judge Richard A. Posner calls the essay "[t]he best style 'handbook'" for legal writers.[15] Nobel Prize-winning economist Paul Krugman recently went a step further, calling the essay a resource that "anyone who cares at all about either politics or writing should know by heart."[16]
If I were a law partner employing young lawyers or a judge employing law clerks, I would add Orwell's essay to a list of reading recommended on the way in. If I were a young lawyer not required to read the essay, I would read it anyway. The entire essay is available for downloading at http://orwell.ru/library/essays/politics/english/e_polit.
Orwell stressed that he was dissecting, not "the literary use of language, but merely language as an instrument for expressing and not for concealing or preventing thought."[17] The narrower scope does not deprive legal writers because Justice Felix Frankfurter was right that "[l]iterature is not the goal of lawyers, though they occasionally attain it."[18] Orwell's essay approached language as a tool for clear communication, an aspiration that defines what lawyers and judges do throughout their careers. "The power of clear statement," said Daniel Webster, "is the great power at the bar."[19]
As Orwell's title intimates, the essay included criticism of political writing done by government officials and private observers. The essay's staying power, however, transcends the political arena. By calling on writers of all persuasions to "simplify your English,"[20] Orwell helped trigger the plain English movement, which still influences legislators, courts, administrative agencies and law school legal writing classes.
This article proceeds in two parts. First I describe how judges, when they challenge colleagues or advocates in particular cases, still quote from Orwell's plea for clear expression and careful reasoning. Then I present Orwell's diagnosis of maladies that plagued contemporary prose, together with his six curative rules and their continuing relevance for today's lawyers and judges.
Today's Judges
1. 'Take the Necessary Trouble'
"[W]ritten English," said Orwell in his essay, "is full of bad habits which spread by imitation and which can be avoided if one is willing to take the necessary trouble."[21]
In 2012, the United States Court of Appeals for the District of Columbia Circuit quoted this passage in National Association of Regulatory Utility Commissioners v. United States Department of Energy.[22] The issue was whether the challenged agency determination violated the Nuclear Waste Policy Act of 1982, and the parties hotly contested the case with hefty servings of alphabet soup.
On page 48 of its 58-page brief, for example, the National Association argued that "[a]lthough DOE has not disclaimed its obligation to dispose of SNF, it is undisputed that DOE currently has no active waste disposal program … The BRC is undertaking none of the waste disposal program activities identified in NWPA § 302(d). Its existence therefore cannot justify continued NWF fee collection."[23]
On page 24 of its 60-page brief, the agency countered that "[t]he plain language of the NWPA … provides the Secretary [of Energy] with broad discretion in determining whether to recommend a change to the statutory NWF fee … In section 302(a)(2) of the NWPA, Congress set the amount of the NWF fee — which is paid only by utilities that enter into contracts with DOE for the disposal of their SNF and HLW."[24]
The National Association of Regulatory Utility Commissioners panel unanimously struck down the challenged agency determination. Judge Laurence H. Silberman's opinion quoted Orwell and admonished the parties for "abandon[ing] any attempt to write in plain English, instead abbreviating every conceivable agency and statute involved, familiar or not, and littering their briefs with" acronyms.[25]
Other decisions have also quoted Orwell's call to "take the necessary trouble" to achieve maximum clarity.26 In Sure Fill & Seal Inc. v. GFF Inc.,[27] for example, the federal district court awarded attorneys' fees to the defendant on its motion to enforce the parties' settlement agreement. The court criticized both parties' submissions. "Imprecision and lack of attention to detail," wrote Judge Elizabeth A. Kovachevich, "severely dampen the efficacy of Plaintiff's written submission to this Court. Equally unhelpful is Defendant's one sentence, conclusory response that is completely devoid of any substance. Advocates, to be effective, must take the 'necessary trouble' to present the Court with coherent, well-reasoned and articulable points for consideration."[28]
"At times," Judge Kovachevich specified, "the Court was forced to divine some meaning from the incomprehensible prose that plagued Plaintiffs' written objections. Lest there be any confusion, the Court graciously did so even though it could have simply refused to give the faulty objections any consideration at all. The Court would have been equally obliged to treat Defendant's failure to provide meaningful response as a concession of Plaintiffs' objections."[29]
2. 'Like Soft Snow'
Orwell held keen interest in politics, and his 1946 essay attributed "the decadence of our language" partly to political motivation.[30] "[P]olitical language," he wrote, "has to consist largely of euphemism, question-begging and sheer cloudy vagueness … [W]ords fall[] upon the facts like soft snow, blurring the outlines and covering up all the details."[31]
This passage appeared in Stupak-Thrall v. United States,[32] a 1996 en banc decision of the U.S. Court of Appeals for the Sixth Circuit that carried no political overtones. The full court remained evenly divided on the question of whether the plaintiffs' riparian rights may count as "valid existing rights" to which U.S. Forest Service regulations are subject under the federal Michigan Wilderness Act (MWA). The dissenter criticized his colleagues who favored affirmance of the decision below. "The interpretation of the 'valid existing rights' language in Section 5 of the MWA to mean that [plaintiff] has no rights that the Forest Service is bound to respect is a good example of the distortion of language decried by" Orwell's essay.[33]
Orwell's Diagnoses and Cures
Orwell rejected the notion that "we cannot by conscious action do anything about" the decline of language,[34] believing instead that "the process is reversible."[35] The essay's capstones were his diagnosis of the maladies that afflicted writing, followed by his six curative rules.
1. Diagnosis
Orwell diagnosed four "tricks by means of which the work of prose-construction is habitually dodged."[36]
"Dying metaphors." The English language, Orwell wrote, sustains "a huge dump of worn-out metaphors" that "have lost all evocative power and are merely used because they save people the trouble of inventing phrases for themselves."[37] He cited, among others, "toe the line," "run roughshod over," and "no axe to grind."[38] To make matters worse, "incompatible metaphors are frequently mixed, a sure sign that the writer is not interested in what he is saying."[39]
"Operators or verbal false limbs." Orwell said that these devices cloud thinking because they "save the trouble of picking out appropriate verbs and nouns, and at the same time pad each sentence with extra syllables which give it an appearance of symmetry."[40] Among the shortcuts he assailed here were replacing simple, single-word verbs with phrases that add little if anything (beginning with "prove to," "serve to," and the like); using the passive voice rather than the active voice "wherever possible"; using noun constructions rather than gerunds (for example, "by examination of" rather than "by examining"); and replacing simple conjunctions and prepositions with such cumbersome phrases as "with respect to" and "the fact that."[41] "The range of verbs is further cut down by means of the '-ize' and 'de-' formations, and the banal statements are given an appearance of profundity by means of the 'not un-' formation."[42]
"Pretentious diction." Orwell included words that "dress up simple statement and give it an air of scientific impartiality to biased judgments" (such as "constitute" and "utilize"); and foreign phrases that "give an air of cultural elegance" (such as "ancien regime" and "deus ex machina").[43] "Bad writers … are always nearly haunted by the notion that Latin or Greek words are grander than Saxon ones," even though "there is no real need for any of the hundreds of foreign phrases now current in English."[44]
"Meaningless words." Here Orwell targeted art and literary criticism, and political commentary. In the former, "words like 'romantic,' … 'values,' … 'natural,' 'vitality' … are strictly meaningless." In the latter, the word "Fascism," for example, had "no meaning except in so far as it signifies 'something not desirable.'"[45]
2. Cures
Orwell believed that "the decadence of our language is probably curable" if writers would "let the meaning choose the word and not the other way about."[46] He proposed six rules. "These rules sound elementary, and so they are," Orwell wrote, "but they demand a deep change of attitude in anyone who has grown up used to writing in the style now fashionable."[47] The rules are worth contemplation from lawyers and judges who write.
Rule One: "Never use a metaphor, simile or other figure of speech which you are used to seeing in print."
Orwell discussed clichés that might entertain, divert and perhaps even convince readers by replacing analysis with labels. "By using stale metaphors, similes and idioms," he said, "you save much mental effort, at the cost of leaving your meaning vague, not only for your reader but for yourself.… People who write in this manner usually have a general emotional meaning … but they are not interested in the detail of what they are saying."[48] He urged "scrapping of every word or idiom which has outworn its usefulness."[49]
In 2003, concurring Judge Stephen R. Reinhardt of the U.S. Court of Appeals for the Ninth Circuit cited Orwell's first rule in Eminence Capital, LLC v. Aspeon Inc., a securities fraud class action.[50] The court of appeals held that the district court had abused its discretion by dismissing, without leave to amend, the first amended consolidated complaint for failure to state a claim. The panel reiterated, but rejected, the district court's conclusion that the plaintiffs already had "three bites at the apple."[51]
Noting that the district court failed to identify or analyze any of the traditional factors that would have supported dismissal without leave to amend,[52] Judge Reinhardt cautioned against "the use of cliches in judicial opinions, a technique that aids neither litigants nor judges, and fails to advance our understanding of the law."[53] "Metaphors," he explained, "enrich writing only to the extent that they add something to more pedestrian descriptions. Clichés do the opposite; they deaden our senses to the nuances of language so often critical to our common law tradition. The interpretation and application of statutes, rules, and case law frequently depend on whether we can discriminate among subtle differences of meaning. The biting of apples does not help us."[54]
"The problem of clichés as a substitute for rational analysis," Judge Reinhardt concluded, "is particularly acute in the legal profession, where our style of writing is often deservedly the subject of ridicule."[55]
Rule Two: "Never use a long word where a short one will do."
This rule placed Orwell in good company. Ernest Hemingway said that he wrote "what I see and what I feel in the best and simplest way I can tell it."[56] Hemingway and William Faulkner went back and forth about the virtues of simplicity in writing. Faulkner once criticized Hemingway, who he said "had no courage, never been known to use a word that might send the reader to the dictionary." "Poor Faulkner," Hemingway responded. "Does he really think big emotions come from big words? He thinks I don't know the ten-dollar words. I know them all right. But there are older and simpler and better words, and those are the ones I use."[57]
Hemingway was not the only writer who valued simplicity. "Broadly speaking," said Sir Winston Churchill, "the short words are the best, and the old words when short are best of all."[58] "Use the smallest word that does the job," advised essayist and journalist E. B. White.[59] In a letter, Mark Twain praised a 12-year-old boy for "us[ing] plain, simple language, short words, and brief sentences. That is the way to write English — it is the modern way and the best way. Stick to it; don't let fluff and flowers and verbosity creep in."[60]
Humorist Will Rogers wrote more than 4,000 nationally syndicated newspaper columns, including ones that spoke about language.[61] "[H]ere's one good thing about language, there is always a short word for it," he said. "'Course the Greeks have a word for it, the dictionary has a word for it, but I believe in using your own word for it. I love words but I don't like strange ones. You don't understand them, and they don't understand you. Old words is like old friends — you know 'em the minute you see 'em."[62]
"One of the really bad things you can do to your writing," novelist Stephen King explains, "is to dress up the vocabulary, looking for long words because you're maybe a little bit ashamed of your short ones."[63] "Any word you have to hunt for in a thesaurus," he says, "is the wrong word. There are no exceptions to this rule."[64]
Rule Three: "If it is possible to cut a word out, always cut it out."
What if the writer says, "In my opinion it is not an unjustifiable assumption that…."? Orwell proposed a simpler, less mind-numbing substitute: "I think."[65]
This third rule also placed Orwell in good company. "The most valuable of all talents is that of never using two words when one will do," said lawyer Thomas Jefferson, who found "[n]o stile of writing … so delightful as that which is all pith, which never omits a necessary word, nor uses an unnecessary one."[66] "Many a poem is marred by a superfluous word," said poet Henry Wadsworth Longfellow.[67] "Less is more," explained British Victorian poet and playwright Robert Browning, wasting no words.[68]
Judges, in particular, can appreciate this short verse by Theodor Geisel ("Dr. Seuss"), who wrote for children, but often with an eye toward the adults: "[T]he writer who breeds/ more words than he needs/ is making a chore/ for the reader who reads./ That's why my belief is/ the briefer the brief is,/ the greater the sigh/ of the reader's relief is."[69]
Rule Four: "Never use the passive where you can use the active."
The passive voice usually generates excess verbiage and frequently leaves readers uncertain about who did what to whom. The active voice normally contributes sinew not fat, clarity not obscurity.
Consider the second line of the Declaration of Independence: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness."
Historians have praised Thomas Jefferson as "a genius with language" whose draft Declaration resonated with "rolling cadences and mellifluous phrases, soaring in their poetry and powerful despite their polish."[70] Would Jefferson have rallied the colonists and captivated future generations if instead he began with, "These truths are held by us to be self-evident.…"?
Rule Five: "Never use a foreign phrase, a scientific word, or a jargon word if you can think of an everyday English equivalent."
One federal district court advised that legal writers gamble when they "presuppose specialized knowledge on the part of their readers."[71] In 2008, the U.S. Court of Appeals for the Seventh Circuit explained the dangers of presupposition in Indiana Lumbermens Mutual Insurance Co. v. Reinsurance Results Inc., which held that the parties' contract did not require the plaintiff insurer to pay commissions to the company it had retained to review the insurer's reinsurance claims.[72]
Writing for the Lumbermens Mutual panel, Judge Posner reported that the parties' briefs "were difficult for us judges to understand because of the density of the reinsurance jargon in them."[73] "There is nothing wrong with a specialized vocabulary — for use by specialists," he explained. "Federal district and circuit judges, however, … are generalists. We hear very few cases involving reinsurance, and cannot possibly achieve expertise in reinsurance practices except by the happenstance of having practiced in that area before becoming a judge, as none of us has. Lawyers should understand the judges' limited knowledge of specialized fields and choose their vocabulary accordingly. Every esoteric term used by the reinsurance industry has a counterpart in ordinary English."[74]
Counsel in Indiana Lumbermens Mutual Insurance Co., Judge Posner concluded, "could have saved us some work and presented their positions more effectively had they done the translations from reinsurancese into everyday English themselves."[75]
Rule Six: "Break any of these rules sooner than say anything outright barbarous."
Orwell punctuated each of his first five rules with "never" or "always." Lawyers learn to approach these commands cautiously because most legal and nonlegal rules carry exceptions based on the facts and circumstances. Conventions of good writing ordinarily deserve adherence because most of them enhance content and style most of the time. They became conventions based on the time-tested reactions elicited by accomplished writers. Orwell recognized, however, that "the worst thing one can do with words is to surrender" to them.[76] As writers strive for clear and precise expression, they should avoid becoming prisoners of language.
Orwell's sixth rule wisely urges writers to follow a "rule of reason," but I would rely on personal judgment and common sense even when the outcome would not otherwise qualify as "outright barbarity." Good writing depends on sound grammar, spelling, style and syntax, but it also depends on willingness to bend or break the "rules" when advisable to maintain the bond between writer and reader. Within bounds, readers concern themselves more with the message than with what stylebooks say about conventions.
Orwell's fourth and fifth rules illustrate why good writing sometimes depends on departing from conventions. The fourth rule commands, "Never use the passive where you can use the active." Look again at the second line from the Declaration of Independence, quoted above. It contains a phrase written in the passive voice ("that they are endowed by their Creator with"). The active-voice alternative ("that their Creator endowed them with") would not have produced a result "outright barbarous," but Jefferson would have sacrificed rhythm and cadence. The passive phrase left no doubt about who did the endowing, and two extra words did not slow the reader.
Orwell's fifth rule commands, "Never use a foreign phrase, a scientific word, or a jargon word if you can think of an everyday English equivalent." But suppose, for example, that a lawyer or judge wants to write about "causation" in tort law, which would qualify as jargon because the term "causation" does not normally roll off the lips of laypeople. A readership of judges or tort lawyers will connect with the jargon easier than a readership of lay clients, who in turn will connect better than teenage readers in a middle school civics class. To an audience of lawyers who are comfortable with discussing "causation," choosing another word might even cloud or distort legal meaning. A writer uncertain about connecting with the audience can cover bases by briefly defining the term.
This rule of reason grounded in personal judgment and common sense extends beyond Orwell's first five rules to writing generally. For example, when splitting an infinitive or ending a sentence with a preposition would enhance meaning or produce a more fluid style, then split the infinitive or end the sentence with a preposition. Maintaining smooth dialog is more important than leafing through stylebooks that readers will not have leafed through.
Sir Winston Churchill, a pretty fair writer himself, reportedly had a tart rejoinder for people who chastised him for sometimes ending sentences with prepositions. "That," he said, "is the sort of arrant pedantry up with which I shall not put."[77]
Lack of clarity, Orwell's major target, normally detracts from the professional missions of lawyers and judges. What Justice William J. Brennan Jr. called "studied ambiguity"[78] might serve the purposes of legislative drafters who seek to avoid specificity that could fracture a majority coalition as a bill proceeds to a final vote. Studied ambiguity might also serve the purposes of a lawyer whose client seeks to feel out the other parties early in a negotiation. Without maximum clarity, however, written buck-passing may compel courts to finish the legislators' work, or may produce an agreement saddled with misunderstandings.
Similar impulses prevail in litigation. Advocates persuade courts and other decision makers most effectively through precise, concise, simple and clear expression that articulates why the facts and the governing law favor their clients.[79] Judges perform their constitutional roles most effectively with forthright opinions that minimize future guesswork.
How often today do we still hear it said that someone "writes like a lawyer"? How often do we hear it meant as a compliment? Judge Reinhardt put it well in Eminence Capital LLC: "It is long past time we learned the lesson Orwell sought to teach us."[80]
- George Orwell, Why I Write (1946). ("From a very early age, perhaps the age of five or six, I knew that when I grew up I should be a writer.").
- Christopher Hitchins, "The Importance of Being Orwell," Vanity Fair, Aug. 2012, at 66.
- George Orwell, "Politics and the English Language," in Essays on Language and Usage (Leonard F. Dean & Kenneth G. Wilson eds., 2d ed. 1963).
- Id. at 325.
- Id. at 333.
- Id. at 325.
- Id.
- Id. at 332.
- Id.
- Id. at 330.
- Id. at 334.
- Id. at 325.
- Id. at 327.
- Id. at 336.
- Richard A. Posner, "Judges' Writing Styles (and Do They Matter?)," 62 U. Chi. L. Rev. 1421, 1423 n.8 (1995).
- Paul Krugman, "Orwell, China, and Me," N.Y. Times Blogs (July 20, 2013).
- Orwell, supra note 3, at 335.
- Felix Frankfurter, "When Judge Cardozo Writes," The New Republic, April 8, 1931.
- Letter from Daniel Webster to R. M. Blatchford (1849), in Peter Harvey, Reminiscences and Anecdotes of Daniel Webster 118 (1877).
- Orwell, supra note 3, at 336.
- Id. at 325.
- 680 F.3d 819 (D.C. Cir. 2012); see Douglas E. Abrams, "Acronyms," 6 Precedent 44 (Fall 2012).
- Nat'l Ass'n of Regulatory Utility Comm'rs, Final Brief of Consolidated Petitioners 48, 2011 WL 5479247 (2012).
- Nat'l Ass'n of Regulatory Utility Comm'rs, Final Brief for Respondent 24-25, 2011 WL 5479246 (2012).
- Nat'l Ass'n, 680 F.3d at 820 n.1; see also Illinois Public Telcomm. v. FCC, No. 13-1059 (D.C. Cir. Mar. 25, 2014) (per curiam) (order striking parties' briefs and ordering submission within two days, of briefs that "eliminate uncommon acronyms").
- See, e.g., Delgadillo v. Astrue, 601 F. Supp.2d 1241 (D. Colo. 2007) (discussing confusion caused by confusing "attorney fees" and "attorney's fees" under the Equal Access to Justice Act); Anthony A Gagliano & Co. v. Openfirst LLC, 828 N.W.2d 268, 271 n.2 (Wis. Ct. App. 2013) ("acronyms and initials make comprehension more, not less, difficult").
- 2012 WL 5199670, No. 8:08-CV-882-T-17-TGW (M.D. Fla. Oct. 22, 2012).
- Id. * 3.
- Id.
- Orwell, supra note 3, at 334.
- Id. at 333.
- 89 F.3d 1269 (6th Cir. 1996) (en banc).
- Id. at 1292 (Boggs, J., dissenting); see also, e.g., Grutter v. Bollinger, 288 F.3d 732 (6th Cir. 2002) (en banc) (Boggs, J., dissenting), aff'd, 539 U.S. 306 (2003) ("[W]hatever else Michigan's policy may be, it is not 'affirmative action,'" quoting Orwell's "soft snow" metaphor); Palm Beach County Sheriff v. State, 854 So.2d 278 (Fla. Dist. Ct. App. 2003) (quoting Orwell's "soft snow" metaphor and holding that in applying sovereign immunity, there is no distinction between the "reimbursement" and "recovery" to which the plaintiff sheriff said his office was clearly entitled, and the right to "damages" which sovereign immunity precedent rejected); cf. Quartman v. Martin, 2001 WL 929949, No. 18702 (Ohio Ct. App. Aug 17, 2001) (in discussion of probable cause, quoting Orwell essay that "[p]olitical language … is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind").
- Orwell, supra note 3, at 325.
- Id.
- Id. at 327.
- Id. at 327.
- Id.
- Id.
- Id. at 328.
- Id.
- Id.
- Id.
- Id.
- Id. at 329.
- Id. at 334, 335.
- Id.
- Id. at 331-32.
- Id. at 334.
- 316 F.3d 1048 (9th Cir. 2003).
- Id. at 1053.
- See Foman v. Davis, 371 U.S. 178, 182 (1962) (stating the factors).
- Eminence Capital, 316 F.3d at 1053.
- Id. at 1053-54.
- Id. at 1054.
- A.E. Hotchner, Papa Hemingway 69 (1966) (quoting Hemingway).
- Id. at 69-70 (1966) (quoting Hemingway); see also, e.g., Kurt Vonnegut Jr., "The Latest Word" (reviewing The Random House Dictionary of the English Language (1966)), The New York Times, Oct. 30, 1966, at BR1 ("I wonder now what Ernest Hemingway's dictionary looked like, since he got along so well with dinky words that everybody can spell and truly understand.").
- Susan Wagner, "Making Your Appeals More Appealing: Appellate Judges Talk About Appellate Practice," 59 Ala. Law. 321, 325 (1998) (quoting Churchill).
- Max Messmer, "It's Best to Be Straightforward on Your Cover Letter, Resume," Pittsburgh Post-Gazette, Nov. 29, 2009, at H1 (quoting White).
- Robert Hartwell Fiske, The Dictionary of Concise Writing: 10,000 Alternatives to Wordy Phrases 11 (2002); see also, e.g., British Victorian novelist George Eliot (Mary Ann Evans), quoted at www.plainlanguage.gov/resources/quotes/historical.cfm ("The finest language is mostly made up of simple unimposing words"); Irish poet William Butler Yeats, id. ("Think like a wise man but communicate in the language of the people.").
- Mark Schlachtenhaufen, "Centennial Snapshot: Will Rogers' Grandson Carries On Tradition of Family Service," Okla. Publishing Today, May 31, 2007.
- Betty Rogers, Will Rogers 294 (1941; new ed. 1979) (quoting Will Rogers).
- Stephen King, On Writing: A Memoir of the Craft 110 (2000).
- Stephen King, "Everything You Need to Know About Writing Successfully: in Ten Minutes" (1986), https://www.msu.edu/~jdowell/135/King_Everything.html.
- Orwell, supra note 3, at 331.
- Cindy Skrzycki, "Government Experts Tackle Bad Writing," Washington Post, June 26, 1998, at F1 ("most valuable," quoting Jefferson); The Family Letters of Thomas Jefferson 369 (E.M. Betts and J.A. Bear, Jr. eds., 1966) (letter of Dec. 7, 1818) ("stile of writing").
- III The Works of Henry Wadsworth Longfellow with Bibliographical and Critical Notes and His Life, with Extracts from His Journals and Correspondence (1886-1891), at 278.
- Robert Browning, "Andrea del Sarto," in Pictor Ignotus, Fra Lippo Lippi, Andrea Del Sarto 32 (1925); see also, e.g., Something to Say: William Carlos Williams on Younger Poets 96 (James E. B. Breslin ed., 1985) ("Everyone who writes strives for the same thing … To say it swiftly, clearly, to say the hard thing that way, using few words. Not to gum up the paragraph.").
- Richard Nordquist, "We Can Do Better": Dr. Seuss on Writing, http://grammar.about.com/od/advicefromthepros/a/seusswrite09.htm.
- Joseph J. Ellis, American Creation: Triumphs and Tragedies At the Founding of the Republic 56 (2007) (genius); Walter Isaacson, Benjamin Franklin: An American Life 311 (2003) (rolling cadences).
- Waddy v. Globus Medical Inc., No. 407CV075, 2008 WL 3861994 *2 n.4 (S.D. Ga. Aug. 18, 2008).
- 513 F.3d 652 (7th Cir. 2008).
- Id. at 658.
- Id.
- Id.; see also, e.g., Miller v. Illinois Cent. R.R. Co., 474 F.3d 951, 955 (7th Cir. 2007) ("Much legal jargon can obscure rather than illuminate a particular case."); New Medium LLC v. Barco N.V., No. 05 C 5620, 2009 WL 1098864 * 1 (N.D. Ill. Apr. 15, 2009) (Posner, J., sitting by designation as a trial judge) ("All submissions must be brief and non-technical and eschew patent-law jargon. Since I am neither an electrical engineer nor a patent lawyer, … the parties' lawyers must translate technical and legal jargon into ordinary language.").
- Orwell, supra note 3, at 335.
- See, e.g., Susan E. Rowe, "Six to Nix: Grammar Rules to Leave Behind," 67 Oregon State Bar Bulletin 37 (Nov. 2006).
- William J. Brennan Jr., "Some Thoughts on the Supreme Court's Workload," 66 Judicature 230, 233 (1983).
- Henry Weihofen, Legal Writing Style 8-104 (2d ed. 1980) (discussing these four fundamentals).
- 316 F.3d at 1054.
DOUGLAS E. ABRAMS, a University of Missouri law professor, has written or co-authored five books. Four U.S. Supreme Court decisions have cited his law review articles. This article originally appeared in Precedent, The Missouri Bar's quarterly magazine. Reprinted by permission.


text:
In any discussion on cybersecurity, there's at least one elephant in the room: The U.S. faces serious threats to national security, and, despite warnings, seems to not be making much progress toward doing something about it.
Congress' failure to pass cybersecurity legislation this year was seen by many as a spectacular example of the government's inability to move beyond partisan bickering for the benefit of the country. More recently, the Defense Department has reportedly fallen behind on mandated plans for setting up oversight and streamlining acquisition of cyber capabilities.
Against a backdrop of constant cyber threat rhetoric, it would seem like the government has yet to take any real action on cybersecurity. There's no shortage of calls to action – so what's the holdup?
Insiders say there are a number of reasons. Among them:
At DOD, cyberspace is still a relatively new domain of warfare, which means there's a lot of ground to cover as U.S. Cyber Command, its service components and other cyber-focused organizations become fully operational.
Not everyone is a change agent
"The roles and responsibilities and overarching understanding are still evolving. You're talking about a lot of moving parts, with new command structure, new doctrine and a new rapid-response acquisition process – and trying to build that out to a functioning state that everyone understands," said former Army CIO/G6 Lt. Gen. Jeff Sorenson, now partner and vice president at A.T. Kearney. "They're still practicing on the football field. The actual execution is going to take a little time."
Along with the acquisition plans, DOD also is charged with establishing and implementing new cyber oversight; according to Defense News. Behind-the-scenes concerns about adding bureaucracy are another reason the plans are delayed. One former DOD official pointed out that's it's necessary to have the right kind of leadership in place to negotiate those complexities.
"There are more processes and bureaucracies in the government than ever before. The size of DOD has increased because of the Global War on Terror. There are more checks and balances than ever," said Gary Winkler, former Army Program Executive Officer–Enterprise Information Systems and now founder and CEO of Cyber Solutions. "Not everyone in the government is a change agent. Who is it going to be to work through the processes and bureaucracies? It's hard to find a champion to institute that kind of change."
Layers of bureaucracy
Unfortunately, that's an issue that goes far beyond the walls of the Pentagon. Across the government, layers of bureaucracy stand as a barrier between rhetoric and real action. It also contributes to a lack of true understanding of the cyber problem at hand, according to one cybersecurity expert.
"There is a lack of thought leadership," said Richard Bejtlich, chief security officer at Mandiant. "Cybersecurity is not like building a bridge, where all you have to worry about are weather, earthquakes and other things you can model for. Cybersecurity involves an intelligent adversary who will figure out a way to attack your bridge in a way you never considered."
Bejtlich noted that too often, officials from across government focus on the wrong goals – or worse, have no real goals at all – in cybersecurity, which contributes to the gridlock inhibiting real action.
"If you ask what the objective of a national cybersecurity plan may be, nobody has an explicit answer. There are a lot of plans for coming up with a standard and being rated against it, like FISMA, but it doesn't say anything about overall effect on security," Bejtlich said. "It's easier to say, 'Here's the standard, are you compliant?' But there's no one metric you can look at and say, 'Wow, this is getting worse every year.' There's no way to quantitatively measure risk. But in Washington, there's comfort with auditing against the standard."
That institutional approach often misses the mark on some of the most critical threats, hindering true progress in cybersecurity. It also sets up expectations that may be unreasonable or inaccurate, sources said.
"This is extraordinarily complex issue to deal with. The timeline by which [lawmakers] were expecting results – in some cases 180 days – that was probably a bit too far," Sorenson said.
While the lack of action is disconcerting and further incenses an American public fed up with partisan bickering, it doesn't necessarily mean national security is that much more threatened, sources suggested. Despite the legislative malaise, there is a flurry of action behind the scenes endeavoring to better secure U.S. interests in cyberspace.
"To say that we're at more risk because [the plans are delayed], I don't think is accurate. Every day people are working this issue, working to solve the vulnerabilities and working to make the network more hardened and capable. There is tremendous work being done on the inside that's not being publicized," Sorenson said.
About the Author
Amber Corrin is a former staff writer for FCW and Defense Systems.
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DHS pulled a two-year-old solicitation for administrative support for cyber mission offices.
The president put the federal government's portfolio of aging IT systems front and center in his final budget request to Congress.
The Obama administration's proposed Cybersecurity National Action Plan for FY2017 includes $3.1B for IT modernization and a new federal chief information security officer.
Looking for success stories and exceptional change in federal IT? Meet the women and men who are making it happen.
In a new survey, federal leaders say they're making digital progress, but most also say they're merely updating old systems, not reinventing processes for the Digital Age.
The U.S. Customs and Immigration Services created new deputy CIO slot to help balance everyday IT operations and burgeoning DevOps, agile and cloud activities.
NIST is looking to increase trust in the technical underpinnings of encryption, by strengthening cryptographic random bit generators.
Steve Kelman applauds ASI Government for sharing valuable knowledge -- and notes that there are still plenty of other questions to answer.
In an op-ed for Business Insider, the GOP presidential candidate called for "the federal government must put its own house in order, prioritizing to reflect the urgency and importance of protecting key databases and communications."
Might be posible that the Chinese would like to help us SOLVE some of our cybersecurity problems. They could be more interested in us giving our money to them legitimately, rather than watching us get ripped off by our own folks and endin' up too broke to buy more Made-in-China stuff ...... well, SOME of 'em maybe...
Humans do the cyber-attacking in all social spaces: federal gov't, local gov't, businesses, organizations. Some activity is criminal, some terrorism, some just "for fun". Counterfeiting and theft are also parts. This problem requires a strategic approach, not tactical ... and most gov't Leaders are tacticians as they got to the top by learning how to weave their careers thru the bureaucracy by not making waves, keeping their heads down, figuring out the best way to take that next career move, etc. They are inside-the-box organizational players, not outside-the-box thinkers: capable of looking at many different pieces and recognizing potential whole pictures. To thwart cyber attackers we need thinkers, not players.
What about cyber-usability? The Govt is also all-to-slow in adopting new, better, more-efficient, safer technology. Blackberry's are still the latest-greatest .. but only in the Govt.
Bascially because of "decision by committee" and useless bureaucracy the nation is at extreme risk. Great quotes from Government bureaucrats explaining how difficult is it to do anything. Maybe someone could visit China and see how they did it. They are prepared to Cyber attack at will, totally criple the nation....end of days senario here...planes falling out of the sky, no power, no water, train derailments, military ships floating dead in the water...but China will be totally protected from our counter attacks as they simply unplug from the internet and move to their self contained infrastructure.
The elephant in the room here is that behind every cyber attack is an attacker. There is a human element to cybersecurity that seems to be ignored with the focus exclusively on bits and bytes. Threats come from outside the enterprise and inside the enterprise and until the human risk elements are integrated into cybersecurity we can only have a partial solution at best.
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Welcome to WebmasterWorld Guest from 184.108.40.206
Forum Moderators: open
I have noted more than the usual shifting of pages in and out of the SERPs for the past week or so, and of course we have seen threads about updated backlinks (FWIW).
Anyone else seeing changes?
I don't like it, anymore than you do! But it's true.
Sites that are doing well are doing so due to blog backlinks, and other spammy techniques. Good sites with unique and useful content aren't doing well, while sites with template garbage content rank well.
That's just not true! To my knowledge there is not a single blog backlink pointing to any pages on my site. I avoid anything resembling SERPS spam because I like my positions, for the most part.
I've got top 10 positions for hundreds of keywords throughout my site. I got those positions through careful consideration of EVERY page on my site. In a few cases I've managed to topple the old dinosaurs that reigned at number 1 for so long. None of this happened overnight. I've been working toward this goal for the past year.
The increase looks to be tons of url only and supplemental listings. In other words, nothing new here.Agreed. A while back Google had indexed all my subdirectory indices for which there were no index.htm pages. They got it fixed but now all those pages are listed again when using the site: command. Of course, these pages don't include the word 'the' so they are not included in that 9.7 billion results.
Makes you wonder who will get their Christmas wishes and who will get a lump of coal! I hope they both double check to see who has been naughty and who has been nice!
Look at the bigger picture. Google has attracted users via good results, without them they are nothing. There are hundreds of companies and thus potential advertisers at any one time not in the top ten for a keyword, whoever they rank top.
If google can keep its users, then there will be plenty of advertisers. They are not going to deliberately risk showing 'not quite relevant results' so that people click adwords. The reality is that the public like good results and 'non sponsored' listings are a magnet for users.... that is the key. If google only showed sponsored results or poor free results to manipulate their sponsored 'clickability' then the overall result would be less users because credibility would fly out of the window.
Every element of a google search result page is an attempt to provide the best they can, somtimes they screw up, but not in a deliberate attempt to manipulate the user. That would be a very short sighted strategy and as a very high percentage of users will never click 'sponsored listings' because the perception is 'free = credible' then they need to keep this bulk of users to attract advertisers in the first place.
joined:Oct 27, 2001
votes: 0
Every element of a google search result page is an attempt to provide the best they can, somtimes they screw up, but not in a deliberate attempt to manipulate the user.I find that sweeping statement to be a bit naive, no offense. Do you think the gradual switch from the colored background of sponsored results to a white background is not an attempt to get folks to click on the right (i.e. manipulate the user). While I am not a firm believer that Google would make changes to its search algo in order to manipulate results, why wouldn't they? The amount of extra income they could bring in is staggering. The chance of it biting them is remote. They would IMO be acting against their shareholders by not doing it.
Yes there is/has been an update, my site is now out of the sandbox and appearing in the serps. Or at least one page is Ill have to check on the rest.
Submission was in September appeared todayish.
8 weeks total. This is comparable to other sites pre 2004 that I have submitted.
Could this be teh cause of your/our belief in teh google aint working correctly theory?
With a chnage of algo the serps change until people get an idea as to how it works and the serps fill up again with good results. What im trying to say is I think currently the serps are over specific for search terms and getting wrong - a situ that will change given time.
Of course I could be wrong but Ill let you know.
No change in SERPs yet, but I don't suppose it will take long for them to recalc across the whole index. Certainly before we lunch with them next week.
Read all about it.


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Barilla ProteinPLUS™ is the delicious, wholesome pasta with protein and fiber to help keep you satisfied.
These fine strands of golden, nutty pasta are a traditional favorite. They can be found on the tables of family dining rooms and small trattorie across Italy, where they are dressed with the best of the local flavors, including fresh shrimp and vegetables in Naples, rich basil pesto in Liguria, or creamy asparagus sauce in Venice.
|Amount Per Serving
|% Daily Value*
|Other info


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Definitions for vomer bone
This page provides all possible meanings and translations of the word vomer bone
vomer bone(Noun)
The small thin bone that forms part of the septum between the nostrils.
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Four Square
A selection of articles related to four square.
Original articles from our library related to the Four Square. See Table of Contents for further available material (downloadable resources) on Four Square.
- Enochian Temples
- Constructing Enochian Temples During the six months beginning November, 1985, I was involved in an extended exploration of the Enochian Tablet of Earth. There was no purpose to the work other than tourism - I merely wanted to see what was there and record it...
Magick >> Enochian
- Enochian Temples: The Lower Temple
- The previous sections dealt with the Temple primarily in its relation to the macrocosmic world. The Servient squares were considered only in their formation as the floor, and were largely ignored otherwise. But they can also be grouped to form altars of the...
Magick >> Enochian
- Journey to the Four Directions
- East, West, South, North In sacred space I ask you forth Bring your power and your grace Live within this sacred space -author unknown To the East, where the Sun rises, where inspiration and originality are born, please join us so that we may get to know and...
Mystic Sciences >> Magick
- Working with the elements
- Four is the number of the physical universe. Both the square and the cross are symbols of material life in the three-dimensional world. The horizontal line of the cross symbolizes time, and the vertical one depicts space. The corners of the square and the...
Magick >> The Elements
- The Four Symbols of Usui Reiki Ryoho
- " It is not God's will merely that we should be happy, but that we should make ourselves happy." Immanuel Kant According to many traditional teachers the Reiki symbols are sacred and therefore secret and should only be seen by insiders, meaning...
Body Mysteries >> Reiki
- The Four Grieving Queens
- These are the Ladies who attended Arthur after his final battle, when he lay mortally wounded, and they are the ones who carried him off to Avalon. Two are mentioned below, Morgan Le Fay as chief amongst them, and Nimue, a Lady of the Lake. The other two are...
Deities & Heros >> Celtic, Welsh, Irish & Brittish
- The Aeonic Perspective of the Enochian Temples
- The initiatory system of the Enochian Temples divides the path of initiation into four major stages, distinguished primarily by the types and sources of the influences they are sensitive to. Briefly, these stages are: 1. Lunar-planetary, focused in Yesod and...
Magick >> Enochian
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- When Facebook announced that it would be folding Places check-ins into status updates, some took it as a sign that the company was bowing to Foursquare as the dominant "check-in" service in mobile.
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- Four square - Wikipedia, the free encyclopedia
- Four square, also known as squareball, boxball, and in Canada, champ, is a ball game played among four individuals on a square court divided into quadrants.
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- The Foursquare Church is a family of 1800 churches that exist to glorify God and advance His kingdom.
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How to ease back into training after an Achilles tear.
Lower-leg strength training might be the key to maintaining running speed over time.
People suffering with conditions also score high for anxiety, depression.
It's not about the knees or hips, Finnish researchers suggest.
Avoid Achilles problems, plantar fasciitis and calf strains with a simple stretch.
Performed after the hip mobility routine, this quick sequence will help fight off injury by increasing ankle mobility.
Wharton's Simple Solution No. 12
Does an ankle injury mean no more running?
The key is strengthening your feet and ankles.
Ankle pain can be caused by the wrong shoes or something bigger.
Strengthen the muscles in your feet and ankles to run farther–and healthier.


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Deviant Art
♕ Name: Vincent (just call him Vince x'D)
♕ Age: 16
♕ Gender: Male
♕ Title: n/a
♕ Skills:- Singing: It's through his songs how he charms people to give him things.
- Shape Shifting: It's not exactly an ability, as he can't control it completely, but he can change into a red little bird everytime someone calls his name. He can do it to himself with a mirror.
- Manipulative: Being a bird, he sings, in his human form, he speaks. He knows what kind of words to say to help people, his beloved, or himself
♕Country: Lakendale
♕Tale: Based on "The Juniper Tree" by the Grimm Brothers [link]
♕Personality:He is an honest boy who would do anything to protect the ones he love. He trusts people easily, but would never forget when betrayed.
Intelligent and manipulative, but also kind and caring, he represents in every way "as red as blood and as white as snow"
♕Story:Some time ago there was a rich man with a beautiful good wife, and although they both loved each other, they had no children. The wife prayed day and night to the Juniper Tree in front of their house for a child as red as blood and as white as snow. Months passed, and she gave birth to a little boy, but she died soon after, and was buried under the same tree.
Her husband grieved her loss, but after some time he married again, and had a daugther born of him. The woman loved her daughter, and couldn't help but think how the first born would always be in the way. One day, she intended to kill him, chopping his head off by closing the heavy lid of a chest, but manages only to cut his right arm. The boy loses consciousness, so the woman cleans the blood and hides him in the snow under the tree. She tells her husband he had gone visiting his mother's great-uncle, which he believes.
Because of the blood loss and the cold, he had gotten terribly weak, and his sister wept for what her mother had done. The tree stirred, and where there used to be the body of the boy, now a beautiful bird arose, singing magnificently. The bird cutted off a small branch of the tree before fying away.
The Juniper tree had transformed him into a bird to save his life, but he would switch forms everytime someone called him by his full name.
♕ Alternate: Small red bird that can sing and talk, and carry things way heavier than him.
♕Extras:-He made a small flute out of the branch he cutted off the tree, and always carries it with him, because it's its magic what keeps his arm in place.
-He covers the scar in his right arm with a red ribbon
-Even in his human form, he loves singing.
-He also carries a broken piece of a mirror he found in some place, so he can transform by himself
|Sta.sh Submit


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The Electronic Entertainment Expo, or "E3", as we all know it, is the "big one" of video game conferences. Every year thousands of media, potential investors and retailers embark on The City of Angels in Southern California, as the industry's biggest publishers showcase their most exciting games across three epic Los Angeles Convention Center floors.
This year's event is fast approaching, and with only five weeks to go it's already shaping up to be one of the biggest and best E3 events we've seen for a while. Nintendo is poised to showcase Wii U, which is surely enough reason to pay attention to the epic three-day event.
Sony is also set to have a big showing as the showroom doors open on June 6, with a number of exciting exclusives, potential blockbusters and new reveals sure to reinvigorate an arguably dry time for gamers.
Can Sony make E3 2012 its own?


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Zorba's Restaurant
Delicious greek food that has been a staple Campus town eatery since 1973! Don't forget to try their gyros!
Zoo Zoo by Imago Theatre
Imago's shows have been described as like Cirque Du Soleil - evoking acrobatics mixed with Mummenschanz- like mime, set in a unique, yet accessible, French-influenced, avant-garde playground. ZooZoo works at many levels, with penguins playing musical chairs, a cat trapped in a giant paper bag, hippos with insomnia, and anteaters as waiters. A madcap revue of illusion, Imago presents comedy and fun for all ages that has inspired audiences nationwide. ZooZoo is comprised of a series of short works lasting in length from four to seven minutes. A cast of five plays a multitude of characters ranging from fireflies to giant polar bears in a show that appeals to ages 4 to 104.
Zocalo Restaurant & Tequila Bar
Zocalo Restaurant & Tequila Bar focues on regional Mexican dishes and offers over 130 tequilas in an atmosphere that is both warm and rustic.
Zipline Canopy Tour Chicago
Looking for that perfect daring escape for you, your friends or family? Zip Chicago Canopy Tours provides an experience you will not soon forget. It will create memories that last a life time. The tour is completely guided and contains no motorized machines for propulsion. All you have to do is enjoy your flight! Our guests can reach speeds of up to 45 mph. The platforms and suspension bridges are surrounded by an assortment of native trees. Check out our different tours to see which adventure is the right one for you!
Welcome to the North Shore's newest restaurant, bakery and specialty food store. The retail section proffers gourmet salads, bakery goods and European imports. In the separate dining room, you'll find fresh seafood, pastas, steaks, salads and more.
Ziemer Gallery
Featuring Watercolors of Larry Ziemer, plus other artists
Zhivago is a restaurant and ballroom with a beautiful atmosphere and excellent food. Featuring European-American cuisine with a Russian twist.
Zeza Hair Salon & Day Spa
With 40 years of combined experience we at Zeza strive to enhance your look and overall feel, while using the finest quality European products.
ZED451 is a contemporary internationally inspired upscale steakhouse providing unlimited samplings of seasonally driven multicultural offerings. Private event space available.
Zealous Art Studio
This exceptional art gallery features local artists - paintings, photography, ceramics, woodworking and much more. Also offered are children's art classes as well as pottery classes. Open: Monday thru Saturday: 10 am - 7 pm.
Zealous offers contemporary American cuisine, with the wine and ambiance reflecting Chef Michael Taus' passion and zeal. We specialize in private events, both large and small.
Sustainability and style are the mission at this international fashion giant.
One of Chicago's best Mexican restaurants. Please see our website for selections and daily specials.
One of Chicagoland's best Mexican restaurants. Favorite dishes include made-to-order guacamole and unique fajitas which are served sizzling hot in lava stone molcajetes. Featuring a wide variety of meat and seafood dishes in both traditional and modern Mexican preparations, alongside a seemingly endless list of tequilas to be enjoyed by themselves or in a fresh squeezed margarita.
Zapata's Mexican Restaurant
Zapata's has a large menu full of your Mexican favorites and a great lunch buffet daily.
Zapata's Mexican Restaurant
Zapata's has a daily lunch buffet, and delicious items on the menu such as tacos, enchiladas, chimichangas, gorditas, special combo platters, and more. Great special during happy hour 4-7pm.
Zanies Comedy Club at Pheasant Run Resort
This "sister" of the legendary downtown Zanies has been making the Western suburbs laugh with the same great talent! Great for group outings and motor coaches!
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Zanies Comedy Club - St. Charles
Popular comedians perform at Zanies, providing an evening of laughter and fun. The "sister" of the legendary downtown Zanies has been making the western suburbs laugh with the same great talent for over 20 years.
CITY:St. Charles
Zanies Comedy Club - Chicago
Since 1978, Zanies has presented the best in stand-up comedy. Past performers have included Jay Leno, Jerry Seinfeld, and Richard Lewis. Photo Credit: ©Adam Alexander Photography
Zales The Diamond Store Outlet
High quality jewelry and accessories.
Za Za's Tavola Italiana
ZaZa's Tavola Italiana offers an intimate, comfortable seating to relax and savor authentic and fresh Italian foods like visiting a Trattoria in the Italian countryside. The pastas are rich and flavorful reproductions of "Old World" standards, such as our Rigatoni Abbruzzese or Paccheri Tartuffi. There are plenty of entrees for our guests to enjoy, like the Filet Barolo and the Pesce Bianco Spinaci, as well as insalates, antipastas and rustic brick-oven pizzas.
YWCA Camp Tu-Endie-Wei
Trails, fishing, cross-country skiing, skating, cabins on Willow Lake.
Yu's Mandarin Restaurant
The orginal authentic Mandarin & Szechwan cuisine restaurant. Enjoy superior Chinese cooking as you watch chefs masterfully prepare traditional dishes and Yu's award-winning homemade noodles behind a magnificient glass back drop. Banquet Room for up to 100 people. We offer on-line ordering and delivery.
Yue-Sun Japanese Steak House
From our hibachi fire show to our rotating sushi bar, Yue-Sun brings the excitement of Japanese cuisine to Illinois. Our specially trained chefs will dazzle and delight the entire family as your meal is tossed about and served to perfection. We have a vast variety of items on our menu, ranging from traditional to a few unique recipes of our own.
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PJ's Coffee Company Announces National Expansion and New Look
Best Places for Your Marketing Message
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How Advertising Fits Into Your Marketing Plan
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Dipping Into Your Retirement Fund to Start a Business
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Surviving the Three Pitfalls of Business Ownership
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Overcoming Obstacles to Reach Your Goals
Find a Niche . . . Create a Business
Denny's Mulls Reorganization
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Traffic Jumps at Burger Chains
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How to Find Product Sources
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How to Take Advantage of Health Savings Accounts
Finding the Best Homebased Business for You
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Running a Business
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Buy--Don't Start--Your Own Business
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The Best Way to Get Franchise Earnings Information
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NPR Newscast
4min 45sec
New research suggests years of musical training might offset the effects of aging on hearing.
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May 16, 2011 Middle-aged musicians scored better on hearing tests than people who didn't play instruments. How we use our senses and brains can shape the people we become, a researcher says.
Listening to a lot of music can be a marker for clinical depression in teens, new research finds.
Derek K. Miller/Flickr
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April 6, 2011 Teenagers are more likely to be depressed if they spend a lot of time listening to music, while teens who read a lot are less depressed, according to new research.
Guest Writer Matisyahu
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November 30, 2010 Hasidic reggae musician Matisyahu reflects on the lack of Chanukah music in popular culture. He notes that Amazon.com has 48,322 Christmas albums for sale, but only 212 Chanukah CDs. That's 227 Christmas albums for every one Chanukah album.
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November 18, 2010 In the next couple of weeks, we'll post our annual music poll so you can vote for the best albums of 2010. We're compiling the list of nominees now and want your help.
November 16, 2010 When Bob Boilen was director of All Things Considered, fans sent him dozens of variations of the show's main theme song. Today he heard and saw a new video that takes the music in an all new direction.
The Beatles' members take a break from November 1963 rehearsals.
Fox Photos/Hulton Archive
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November 16, 2010 The Beatles' music wasn't on iTunes up until now, but only for business reasons. If this was a philosophical change of heart, then this might be a big news story. But let's be clear: This is a business story.
November 16, 2010 "Getting Ready for Christmas Day" features a sample from an American Christian preacher and gospel artist, Rev. J.M. Gates, from 1941. It's from Simon's new album, So Beautiful or So What, which comes out in the spring of 2011.
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November 1, 2010 Bob Boilen reviews the new documentary about Merritt, Strange Powers. He says the film will make longtime fans love the artist even more, while others new to his music may be left scratching their heads.
October 26, 2010 Minutes from CMJ: All Songs Considered host Bob Boilen shares his New York music festival experience in a burst of 27 one-minute videos.
October 19, 2010 NPR Music's "Tiny Desk Concerts" took a field trip last week: to Capitol Hill, for a special performance for lawmakers by the band Lost in the Trees.
October 6, 2010 The Keytar is the single most obnoxious instrument in modern music. It was the worst part of a keyboard (plastic and monophonic), married to the even worse part of a guitar (no guitar strings, no body).
September 29, 2010 A fan of All Songs Considered writes in with a special request: What albums would you give to a 13 year-old to help get him or her through their adolescence? Host Bob Boilen offers a few of his favorite records from his youth.
September 21, 2010 All Songs Considered host Bob Boilen shares a classic from his personal record collection. It may not sound like it now, but The Human League song "Being Boiled" was pretty exotic when it was released in the late '70s.
August 23, 2010 Sometimes a quick browse through our music collections are revealing. All it takes is seeing two CDs sitting alphabetically side-by-side to learn a bit about who we are. David Gilmour and Andy Griffin? The Mars Volta and Martha And The Vandals?
August 12, 2010 The All Songs Considered intern comes clean about the music everyone loves to hate.
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Remember when someone pranked a San Francisco TV station into reporting that the names of the Asiana plane crash pilots were "Captain Sum Ting Wong" and "Wi Tu Lo"?
After the station KTVU realized its mistake, it fired three producers.
But in Seattle, at least one theater plans to spend the summer guffawing about how Asian names sound like gibberish.
"The Mikado," a comic opera, is playing at the Bagley Wright Theatre from July 11 to July 26, produced by the Seattle Gilbert & Sullivan Society.
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Set in the fictional Japanese town of Titipu — get it? — the opera features characters named Nanki Poo, Yum-Yum and Pish-Tush. It's a rom-com where true love is threatened by barbaric beheadings.
All 40 Japanese characters are being played by white actors, including two Latinos. KIRO radio host Dave Ross is in the cast.
It's yellowface, in your face.
"It's a fun show. I personally have never heard any complaints," said Mike Storie, producer of "The Mikado."
Written in the late 19th century, librettist W.S. Gilbert wanted to poke fun at Victorian society in England by setting it in a place nobody knew anything about.
Storie says shutting down "The Mikado" because it offends our current sensibilities would be like banning historic books. "Should Tom Sawyer and Huckleberry Finn be taken off library shelves?" he said. "Huckleberry Finn is all full of slaps on black people."
Well, no, those books should not be banned. But a theater production of "Adventures of Huckleberry Finn" should be shut down if the character of Jim, an African American, were played by a white actor with shoe polish smeared all over his face.
I asked Storie if he would consider producing a blackface show, where white actors paint their faces dark to play caricatures of African-American minstrels.
"Not really," he said. "It would depend on the context. If it was a historical production where it had some context, that's fine."
"The Mikado" is the same shtick, different race. A black wig and white face powder stand in for shoeshine. Bowing and shuffling replaces tap dancing. Fans flutter where banjos would be strummed.
The opera is a fossil from an era when America was as homogeneous as milk, planes did not depart daily for other continents and immigrants did not fuel the economy.
It's especially disappointing in a city where "Black Nativity" is a Christmas tradition for people of all backgrounds, and families, gay and straight, lined downtown streets for a Pride Parade last month.
"The Mikado" opens old wounds and resurrects pejorative stereotypes.
The caricature of Japanese people as strange and barbarous was used to justify the internment of Japanese Americans during World War II. Bainbridge Island was the first place in the country where U.S. citizens of Japanese descent were rounded up and expelled.
To learn about that history, check out "Hold These Truths," another play that will open this summer in Seattle. That play, produced by ACT Theatre, is inspired by University of Washington student Gordon Hirabayashi, who defied the internment order and went to prison instead. His case went to the U.S. Supreme Court. (Hirabayashi will be played by an Asian-American actor.)
There probably is a way to produce a version of "The Mikado" that entertains and makes sense in a contemporary society where difference is valued. The Seattle Gilbert & Sullivan Society could, for instance, partner with the Asian-American theater group Pork Filled Players to reinterpret the opera. That's what Skylark Opera did in Minneapolis — worked with Asian-American group Mu Performing Arts to stage a modern "Mikado."
But this production? This is the wrong show — wrong for Seattle, wrong for this country and wrong for this century. And I don't mean wong.
Sharon Pian Chan's column appears regularly on editorial pages of The Times. Her email address is email@example.com On Twitter @sharonpianchan


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eBook 'Em, Danno
NuvoMedia's Rocket eBook Pro
This story first appeared in the March 2000 issue of Entrepreneur. To receive the magazine, click here to subscribe.
How do you fit 50 books into the space of one? NuvoMedia's Rocket eBook Pro holds 19,000 pages (about 50 novels' worth) in its 16MB of memory. It also features handwriting-recognition software and three one-year subscriptions to three downloadable business e-magazines of your choice. The LCD is easy to read, and the cross-platform compatibility is a big plus. At 22 ounces, the eBook is no more awkward than handling a hardcover new release (and you don't have to hold the pages open). Thousands of titles are available from sites like Barnes & Noble (http://www.bn.com) and Powell's (http://www.powells.com).
Rocket eBook Pro
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The lobby and pool area were okay but the rooms/hallways were in need of some renovations. The Starbucks was good and proximity to Disney shuttle was nice. Only stayed one night but would not stay again.
Rooms, decor
This location is VERY close to Disney. It has a nice lobby, excellent staff. The pool is unique with it's 1/2 concrete enclosure. Pool even had a chair lift for the handicap. Game room has old games but several to choose from including two air hockey tables.
Only complaint is minor. Just that the games in the game room are very outdated.
Did not get the room i was promised, smoke alarm started beeping at 4 in the morning. Thought staff was a little indifferant to me
Pretty much every thing was good
Two things, parking is a hassle, when coming back at night most of the spots are filled so you may need to park fat, and the pillows are hard.
Hotel localization is super in excellent connection with adventure parks. All staff was very helpful but girl Margaret (Malgosia) who works in reception is absolutely perfect. Free car parking is a pleasant surprise.


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Around Cook County
North Shore rivers putting on a showMon, 04/29/2013 - 7:20am
It was a long time coming, but North Shore rivers finally are breaking out of their icy restraints and once again are putting on a show.
The Duluth News Tribune credits the recent stretch of warm weather in an otherwise late-arriving spring.
The ice went out on the Gooseberry River over the weekend. Up the shore at Tettegouche State Park, the Baptism River above and below High Falls still sported significant amounts of ice on Sunday morning, but the river's swift current was slowly eroding it away.
This year's ice-out on the North Shore is more than a month later than last spring, when record high temperatures had rivers open and running high in March.
The National Weather Service reported Sunday that a snowpack of 18 to 24 inches remains in place in the higher elevations of the North Shore, which should continue to melt — and keep river levels high — this week.
Weekend News Roundup for April 27Sat, 04/27/2013 - 9:02am
Each weekend WTIP news produces a round up of the news stories they've been following this week. Ely business owners organize against non-ferrous mining. Trails and camping are affected by the on-going winter. There's new technology for the taconite plant in Silver Bay. It appears some Iron Range cities will be spared a highway re-route and Rep. David Dill talks about the House Higher Education bill .…all in this week's news.
WTIP Celebrates 15-Year AnniversarySat, 04/27/2013 - 6:57am
WTIP North Shore Community Radio invites community members to stop by the station for birthday cake between 1:00 – 3:00 p.m. on Monday, April 29th to help celebrate the station's 15-year anniversary.
WTIP began in January of 1992 as a dream by local citizens who saw a need for a local radio station that could share and disseminate information that was pertinent to the region. For six years dedicated volunteers established the building blocks required to create a radio station (including pursuing the funding, purchasing equipment, obtaining a FCC license, etc.).
On April 28, 1998 WTIP went on the air. At first, it only broadcast a small portion of its own programming, from 9:00 PM to 10:00 PM weekdays. The rest of the schedule was filled by simulcasting KUMD radio in Duluth. Within the first year, however, WTIP increased its service tremendously, adding the AM Community Calendar Program, the PM Community Calendar Program, evening music programs, and local sports broadcasts. Each increase was made in direct response to the needs and feedback from the community, and was made possible by community members who stepped forward as volunteers.
Throughout its 15 years of service, WTIP has embraced opportunities to build relationships and serve its ever-increasing community of listeners. Efforts include news and weather services, explorations of issues affecting the area, and engagement and outreach efforts, both on and off the air.
As a volunteer-driven community station, WTIP recognizes that their services would not be possible without community support. They are thankful for the support they have received over the years, and look forward to continuing to serving the community in the years to come.
City council grants requests A-ZFri, 04/26/2013 - 2:48pm
Grand Marais city councilors approved a number of varied requests at their April 10, 2013 meeting, ranging from A (air conditioning) to Z (zip line).
First on the list was a request for a letter of support from the Cook County Historical Society to the Minnesota Historical Society backing the local agency's pursuit of a grant to purchase and stabilize the Bally Blacksmith Shop in Grand Marais. Hal Greenwood of the Historical Society was in attendance to present the letter from museum director Carrie McHugh, and council gave its support.
Bev Wolke of the local Chamber of Commerce appeared next with a request for a permit to hold the annual car show on Wisconsin Street from 10 a.m. to 2 p.m. June 15; Wisconsin Street will be closed beginning at 7 a.m. Wolke said the event will be the same as last year's and include music in the park and a Girl Scout booth. The permit was approved.
Sally Nankivell of the Cook County Visitors Bureau made the next request, for installation of an air conditioner for the Visitor Information Center on Broadway, adjacent to City Hall. The Visitors Bureau leases the space from the city, which owns the building. Nankivell said the office seems to be getting hotter and hotter every summer, and presents an uncomfortable environment for both visitors and employees. Council approved the request, with an estimated price tag of about $500. Kim Linnell has inspected the building and researched what type of equipment is needed (a free-standing unit with a window vent).
The American Legion was granted a request for a Club On-Sale Sunday Liquor License, effective immediately. Laura Powell-Marxen made the request, stating that it would be a re-instatement of the Legion's prior license.
Portage to perform at North Shore Care Center SaturdayThu, 04/25/2013 - 11:50am
The classic county band Portage will perform their monthly gig at the North Shore Care Center on Saturday, April 27 at 6:30 p.m. As always, families, friends, and community folks are welcome to attend.
There are volunteer opportunities for all ages at the North Shore Care Center. For more information about the activity calendar or volunteer programs, please contact the Activity Dept. at 218-387-3518 or visit our website www.nshorehospital.com.
Local runner invited to Down Under Sports tournamentThu, 04/25/2013 - 11:47am
Senior runner Sarissa Falk has been invited to participate in the 25th annual Down Under Sports tournament hosted on the Gold Coast of Australia this summer. Falk is only one of six high school runners in Minnesota to be invited. Only 300 runners across the U.S. have been invited.
In Australia Falk will run for the North Central Conference Team on a 5.7k (3.5 miles) cross country course. She will compete against thousands of runners from around the world.
Two years ago Darren Waha from Grand Portage ran in the Down Under cross country race and he said it was an awesome experience, one that he will never forget.
But for Falk to get there she will need to raise some money—she has less than a month to raise funds for the trip. If you would like to donate or need more information, call Sarissa Falk at (218) 387-2849.
Sarissa is the daughter of Mark and Sue Falk of Grand Marais. She plans to attend Hamline University after graduation and while she is unsure of a major, she plans to run track and cross country. In addition to competing in Australia, Sarissa is also entered in Grandma's Garry Bjorklund half marathon this summer.
"This is a once in a lifetime chance for me," said Falk. "It would be awesome to go to Australia to run and to meet new people."


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ArenaNet has released some great news for Guild Wars 2 clothing and armor collectors that have long rued the inability to customize their characters exactly as they wish. From now on, everything that players collect, from armor to weapons, becomes a "skin" that is placed in a wardrobe that allow players to transmute their look on the fly. In addition, all dyes are now account-wide. Change a look, change a color, boom, done!
The Account Vault has a new tab called Account Wardrobe. All of the game's skins are collected there and the collection can be sorted and filtered so players can check out everything that resides in the game and the information on where it can be obtained.
To help players understand the awesomeness that is this April 15th addition to Guild Wars 2, the team has released a first look video and a developer diary to help things along.
Check out the video below and the developer diary on the Guild Wars 2 site for more information.
This has got to be one of the most exciting quality of life improvements to Guild Wars 2 that we've seen in a long time. Do you agree? Let us know in the comments.


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Give Stephen Fuller credit for this much: He's willing to admit he was wrong.
During the debate leading up to the federal budget sequester, Fuller was a voice of doom. An economist at George Mason University and the director of its Center for Regional Analysis, he predicted that sequestration would be especially calamitous for Washington, D.C., and its surroundings. If Congress didn't stop the automatic spending cuts from going into effect, Fuller warned last year, the Washington area was headed for a "devastating recession." Some 450,000 jobs, many of them in the private sector, would be wiped out in Virginia, Maryland, and the District of Columbia.
"It's something you don't even want to draw a picture of because it's too scary," he said in a radio interview last summer. In January he described the sequester's impact on the national capital region as an "end-of-the-world kind of hit."
But the world hasn't ended. Not even in Washington.
In the months since President Obama signed the order to cut federal outlays by $85 billion, the Washington Post reported last week, the region has added 40,000 jobs. "Income-tax receipts have surged in Virginia, beating expectations. Few government contractors have laid off workers." There is no sign of the economic hellfire and brimstone foretold by Fuller, who says it's a "surprise" to him that Washington's economy is still booming. "We've done better than I expected," he confessed.
The real surprise is that anyone is still surprised by the affluence of the Washington area.
Famed Voting Rights/Anti-Poverty Activist Fannie Lou Hamer Called Abortion "Genocide" | Ryan Bomberger
Rush Limbaugh defends Rubio's debate answer: He's absolutely right that Obama knows what he's doing | Allahpundit
Time for Team Hillary to break out the gender card for young liberal women who prefer Sanders | Allahpundit


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Automating Virtual Infrastructure Management With PRO Tips in System Center
The people don't want to miss this podcast on how one can turn the virtualization infrastructure into a highly automated and dynamic application servicing machine. See how Performance and Resource Optimization (PRO) in Microsoft System Center Virtual Machine Manager 2008 R2 and Microsoft System Center Operations Manager 2007 R2 provides application-aware optimization of virtual machines. Using demos, they show how PRO tips make it possible for administrators to dynamically balance and optimize their servers at physical, virtual, and workloads levels. They also discuss partner solutions that extend PRO tips to address complex virtualization management scenarios.
Provided by: Microsoft Topic: Virtualization Date Added: May 2010 Format: Podcast


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Q: I need fundraising ideas???
March 18, 2009 | By Em C. | 7 answers | Expired: 2502 days ago
My friend and I really want to raise money for our local shelter, but we don't have many ideas. One of our ideas was to have a snack sale at our school because there is alot of people and the word spreads fast. Also snack sales are a big hit with hungry students!! Also I could put a donation box in the office and put up posters. If you can think of any ideas please let me know.
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Mar 22, 2009
Bake sales are always a good idea but, try a Dog Treat bake sale. Coordinate with a local pet groomer to see if they will allow you to set up outside their shop for an afternoon. Get a group of folks together to bake preservative free, healthy dog treats. Bag them up in zipper bags and sell them with 100% of the proceeds going to the shelter. There are cooking programs out there that will actually allow you to enter the ingredients and it will print a nutrition label so you can even include that for folks who are concerned with content and feeding certain things to their pets. It is low cost especially if each participating "baker" donates part of the ingredients. My three dogs love the homemade dog treats.
Thumbs Up: 0 | Thumbs up!
Mar 20, 2009
Shelters always need food. Set up a table at your local grocery store with alot of signs. People will see the signs when they go in and drop off food on their way out. Have lots of pictures of the animals available for adoption and possibly someone from the shelter there with a dog for people to pet. People love to touch the animals they may be helping.
Thumbs Up: 1 | Thumbs up!
Mar 20, 2009
There are a million ways to raise money for your local shelter but one of the best things to do is get a group of like minded people together and draw on their experience to put a fund raising event together. I'm sure you'll be surprized at all the ideas out there.
Thumbs Up: 1 | Thumbs up!
Mar 19, 2009
Have you tried silent auctions or garage sales. Have people donate items to be sold at a sale that they no longer need. Or have a car wash.
Thumbs Up: 1 | Thumbs up!
Mar 19, 2009
You mentioned school so I am not sure how old you are...but we have a Junior Board of directors asscoiated with our shelter and some of the things they do for fundraising are:
A community yard sale where people donate things they don't use anymore, then thay make posters and signs advertising when it is and what it is for and all the proceeds go to the shelter
A bake sale or something is always a good one
Of course you have heard of a car wash, well I know some of the kids have done a "dog wash" where they set up at a local dog park or pet store, anywhere that people would bring there pets and it is all donation based
Also a great one at the holidays is gift wrapping outside a local store like WalMart or Target (with prior permission from the store of course)
I hope that has given you a few ideas!
Good Luck!!! :)
Thumbs Up: 1 | Thumbs up!
Mar 18, 2009
i think a donation box is a really good idea mayby you could make some homemade pet treats and sell them thats what i did they are really easy to make
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Mar 18, 2009
Subway and QDOBA both have fundraiser opportunities that involve selling coupon books. You can really make a lot of profit from it and the coupons are great! If one of those restaurants is near your school, you could probably get a lot of students to buy them.
Thumbs Up: 1 | Thumbs up!
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