text:
Judge Nugent
08-05216 Farmway Credit Union v. Senger et al (Doc. # 25)
- Details
- Category: Judge Nugent
- Published: 29 May 2009
- Written by Judge Nugent
Farmway Credit Union v. Senger et al, 08-05216 (Bankr. D. Kan. May 7, 2009) Doc. # 25
Click here for the pdf document.
Case 08-05216 Doc# 25 Filed 05/06/09
SIGNED this 06 day of May, 2009.
JAY DARCY SENGER, ) Case No. 08-11621
JEANINE MARIE SENGER, ) Chapter 13
Debtors. )
Plaintiff, )
vs. ) Adversary No. 08-5216
Defendants. )
Page 1 of 13
Case 08-05216 Doc# 25 Filed 05/06/09 Page 2 of 13
This case came on for evidentiary hearing on the chapter 13 trustee's objection to
confirmation,1 Farmway Credit Union's complaint to impress a lien or constructive trust on debtors'
vehicle purchased post-petition – a 2000 Pontiac Grand Am,2 and Farmway Credit Union's motion
for a temporary restraining order ("TRO") against the Pontiac.3 Laurie B. Williams, the chapter 13
trustee, appeared by her attorney Chris Micale. Debtors appeared in person and by their attorney
David Lund. Farmway Credit Union ("Farmway") appeared by its attorney Eric Bruce. All
exhibits of the parties were admitted by stipulation.
All of these matters center on debtor Jay Senger's post-petition receipt of a $10,000
enlistment bonus as a result of his pre-petition enlistment in the United States Army Reserves, and
his purchase of the 2000 Pontiac Grand Am with the enlistment bonus. At trial, and in its trial brief,
Farmway appears to abandon its requests that a lien be imposed against the Pontiac in favor of
Farmway by way of its adversary complaint, constructive trust, or TRO, conceding that such a lien,
if appropriate, belongs to the trustee as a hypothetical lien creditor under 11 U.S.C. § 544(a), since
Farmway held no security interest or rights in the enlistment bonus.4 Farmway held a secured claim
on another of debtors' vehicle, a 1999 Plymouth Grand Voyager, and disputes debtors' valuation
of this vehicle in its plan treatment. These concessions narrow the issues here to whether the
1 No. 08-11621, Dkt. 18. The trustee objected on the ground that the plan did not pay
debtors' monthly disposable income as required by 11 U.S.C. § 1325(b). Farmway Credit Union
also objected to confirmation under 11 U.S.C. § 1325(a)(5)(B)(ii), contending that debtors were
not paying the value of its collateral. See Dkt. 16.
2 Adv. No. 08-5216, Dkt. 1.
3 Adv. No. 08-5216, Dkt. 12. The request for a TRO appears to duplicate Farmway's
adversary complaint in that it seeks to impose a lien against the Pontiac.
4 Dkt. 22.
Case 08-05216 Doc# 25 Filed 05/06/09 Page 3 of 13
enlistment bonus was property of the estate and the manner in which the bonus should be treated or
accounted for in debtors' plan of reorganization. In short, this case comes down to confirmation
issues: whether the enlistment bonus must be included as property of the estate,5 whether debtors'
plan passes muster under a liquidation analysis if the bonus is included,6 whether debtors' plan pays
all of debtors' projected disposable income to unsecured creditors,7 and the value of Farmway's
collateral, the 1999 Plymouth Grand Voyager.8
Factual Background
The facts are largely undisputed. Debtors filed their chapter 13 petition on July 7, 2008.9
Official Form B22C shows that debtors are below median income. The trustee does not contest
debtors' calculation of current monthly income (CMI) on Form B22C. Mr. Senger has been
employed at Sunflower Manufacturing, a division of AGCO, since April of 2008. He earns $10.15
per hour; in January of 2009, he received a $.60 raise. On Schedule I, Mr. Senger listed monthly
income of $100 from the National Guard Army Reserve. Mrs. Senger works part-time for a kennel,
Belden Farms, and also draws social security disability. Her disability may preclude her from
working during the life of the plan. Debtors listed a single vehicle, a 1999 Plymouth Grand
Voyager, exempt. It was scheduled with a value of $2,000 and is secured to Farmway with a claim
5 § 541(a) and § 1306.
6 § 1325(a)(4).
7 § 1325(b)(1)(B).
8 § 1325(a)(5)(B).
9 Prior to this bankruptcy, debtors filed a chapter 7 case October 26, 2000 and received a
discharge on August 27, 2001. On April 27, 2007, debtors filed a chapter 13 case. Confirmation
of a chapter 13 plan was denied and the case was dismissed for debtors' inability to make plan
payments on November 13, 2007.
Case 08-05216 Doc# 25 Filed 05/06/09 Page 4 of 13
of $12,843.
Prior to filing, on October 21, 2007, Mr. Senger enlisted in the Army Reserves, making a six-
year commitment of service. As a result of his enlistment, Mr. Senger was eligible for an enlistment
bonus totaling $20,000. The bonus was payable in three increments of $10,000, $5,000 and $5,000
upon the satisfaction of certain conditions.10 The first bonus amount was payable upon completion
of basic training. The second bonus installment was to be received the second year of his enlistment
and the third and final bonus installment was to be received upon completion of the fourth year of
his enlistment. Mr. Senger completed basic training on April 15, 2008, prior to filing bankruptcy
but did not receive his first bonus installment of $10,000 until August 4, 2008, approximately one
month after debtors filed bankruptcy.11 After taxes, Mr. Senger netted approximately $7,000 of the
$10,000 bonus. All of this amount was used to purchase a second vehicle - a 2000 Pontiac Grand
Mr. Senger is currently assigned to the 425th National Guard Army Reserve Unit in Salina
and his reserve duties are as a truck driver. He has reserve duty one weekend each month, for which
he receives $170, and two weeks during the summer, for which he receives $1,000. He indicated
that he is likely to be deployed to Iraq or Afghanistan. According to Mr. Senger, he expects to
receive the second installment of $5,000 in August 2009 and the final installment in August 2011,
subject to completion of his service time.
10 See 37 U.S.C. § 309; Army Regulation 135-7, § 2-2.c.(1)(a) and (2) (April 15, 1996).
11 Even though Mr. Senger had completed his basic training prior to filing bankruptcy
and was anticipating receipt of the first $10,000 bonus, he did not disclose this expectancy
anywhere in his bankruptcy schedules. See Ex. 3 and 5. He was, however, forthcoming about the
enlistment bonus at the meeting of creditors.
Case 08-05216 Doc# 25 Filed 05/06/09 Page 5 of 13
Debtors' chapter 13 plan dated July 7, 2008 provides for debtors to make monthly plan
payments of $150 for a period of 36 months.12 The trustee indicated that this plan would pay a 3%
dividend to general unsecured creditors. Debtors propose to cram down Farmway's claim secured
by the 1999 Plymouth to a value of $2,000 and pay $75 each month.13 According to Mr. Senger, the
value of the 1999 Plymouth was derived from the Kelly Blue Book and was based upon the vehicle's
poor condition. It has approximately 150,000 miles on it and the struts need to be replaced.
Farmway retained Charles Carver, the operator of Pride Autoplaza in Derby to appraise the
1999 Plymouth.14 He valued it at $3,400 in August of 2008. Carver indicated that the need for strut
repairs would further reduce the value of the vehicle, but was unable to place a figure on it.
Debtors' plan does not take into account any of the enlistment bonus Mr. Senger has received
and anticipates receiving during the life of the plan. Because of the varying dollar amount of the
bonus installments and the uneven payments over a period of time, the trustee has proposed, and
debtors have agreed, that debtors extend their plan, from 36 months to 60 months to account for the
$10,000 enlistment bonus Mr. Senger received and include it in disposable income, rather than
pursue a lien against the purchased vehicle. Plan payments total $9,000 with this extended term.
Debtors contend that, with this modification, the plan represents their best effort, is proposed in good
faith, and is confirmable. This modification would increase the dividend to unsecured creditors to
12 This figure is derived from Schedule I and J. Because debtors are below-median
income debtors, their required applicable commitment period is 36 months rather than 60
months. See § 1322(d)(2), § 1325(b)(1)(B) and (b)(4).
13 The 1999 Plymouth is a non-910 car loan.
14 On cross-examination, the trustee attempted to impeach Carver's credibility by
showing that Farmway's counsel also performs legal work for Pride AutoPlaza and had
previously represented Carver in his personal bankruptcy in 2005, taking a security interest in
Carver's income tax refunds for his attorney fee.
Case 08-05216 Doc# 25 Filed 05/06/09 Page 6 of 13
16%, some $3,900.15
A. The Enlistment Bonus
The Court first addresses whether the enlistment bonus of $10,000 is property of the estate
and must be included in the disposable income calculation.16 If so, debtors must satisfy the
liquidation test of § 1325(a)(4). The Court concludes that the $10,000 bonus received by Mr. Senger
post-petition was property of the estate. Section 541(a)(1) includes in property of the estate "all
legal or equitable interests of the debtor in property as of the commencement of the case." At the
time the debtors filed their bankruptcy case, Mr. Senger had completed his training and had satisfied
the condition for payment of the first installment of the enlistment bonus. Thus, the Court concludes
that Mr. Senger had, at a minimum, an equitable interest in the $10,000 bonus, even though he had
yet to physically receive it when he filed his case.17
Even if Mr. Senger had not qualified for the bonus at the time of his filing, the Court
concludes that his contingent interest in the enlistment bonus constitutes property of the estate. The
Court notes that the post-petition bonus was sufficiently rooted in his prepetition past to be included
in property of the estate because it was based upon Mr. Senger's prepetition enlistment, even though
15 See Trustee's Ex. C.
16 11 U.S.C. § 1325(b)(1)(B).
17 Cf. Kelly v. United States Air Force (In re Kelly), 88 B.R. 477 (Bankr. M.D. Ga. 1988)
(Chapter 7 case where Air Force's action in withholding from debtor's final paycheck a
percentage of re-enlistment bonus to recoup bonus due to debtor's discharge from Air Force for
misconduct was not a stay violation; debt was post-petition debt where debtor's discharge notice
and actual discharge occurred after debtor filed bankruptcy petition); In re Haynes, 679 F.2d 718
(7th Cir. 1982) (Chapter 7 debtor's naval retirement pay was not property of the estate because
conditions imposed for receipt of retirement pay made the retirement pay proceeds for services
performed post-petition under § 541(a)(6)).
Case 08-05216 Doc# 25 Filed 05/06/09 Page 7 of 13
the enlistment bonus was contingent upon satisfying certain conditions for Mr. Senger to be entitled
to it.18 The federal statute and regulations authorizing the payment of the enlistment bonus also
existed pre-petition.
In addition, § 1306 further modifies § 541 in a chapter 13 case. Property of the estate in a
chapter 13 case additionally includes "all property of the kind specified in [§ 541] that the debtor
acquires after commencement of the case . . ."19 and earnings for services performed after
commencement of the case.20 Here, debtor acquired the $10,000 bonus when he received it on
August 4, 2008, approximately one month after filing bankruptcy. It constitutes property of the
estate under § 1306 and must be included in the disposable income calculation under §
With this conclusion, the Court must satisfy itself that the $10,000 bonus passes scrutiny
under the liquidation analysis of § 1325(a)(4). The Court concludes that it does not, even with the
trustee and debtor's proposed plan modification and extension of the plan term to 60 months "to
account" for this bonus. As noted above, the trustee represents that unsecured creditors would
receive $3,900 with this modification. Of the $10,000 gross bonus amount, debtors received $7,000
net of taxes. Reducing this amount for the costs of liquidation (chapter 7 fees and expenses) by an
18 See Segal v. Rochelle, 382 U.S. 375, 380, 86 S.Ct. 511. 15 L.Ed. 2d 428 (1966)
(Bankruptcy Act case where tax loss-carryback refund claim was "sufficiently rooted in the pre-
bankruptcy past" to be regarded as property under the Act); Booth v. Vaughan (In re Booth), 260
B.R. 281 (6th Cir. BAP 2001) (noting an array of varying circumstances and cases where a
debtor's contingent interest is property of the estate)
19 § 1306(a)(1)
20 § 1306(a)(2)
See In re Foster, 2006 WL 2621080 (Bankr. N.D. Ind. 2006).
Case 08-05216 Doc# 25 Filed 05/06/09 Page 8 of 13
estimated $2,000 leaves an amount of $5,000. To satisfy the liquidation analysis, debtors must
modify their plan to pay unsecured creditors $5,000, rather than the $3,900 currently proposed.
Since debtors' plan term has already been extended to the maximum of 60 months, they must
increase their plan payment to pay a minimum of $5,000 to unsecured creditors.
Determining the impact of the two remaining future bonus installments on debtors' projected
disposable income is more problematic. If Mr. Senger meets the conditions for their payment, he
would receive $5,000 in August of 2009 and $5,000 in August of 2011, during the life of the plan.
The difficulty here is converting these lump sum bonus amounts to a monthly income figure. A
straight division of these sums over the remaining months in the plan term calculates to
approximately $104 per month for the August 2009 installment ($5,000 over 48 months) and an
additional $208 per month for the August 2011 installment ($5,000 over final 24 months of plan).
This straight division does not account for (1) the discount for payments to be received in the future;
(2) the taxes to be withheld from the payments; or (3) the possibility, however slim, that Senger does
not qualify for these bonuses going forward. The Court must discount these bonuses because they
are contingent and are sums to be received in the future over only a portion of the plan term.22
These debtors are below-median income debtors and the calculation of their projected
disposable income differs from above-median income debtors.23 The Tenth Circuit held in Lanning
22 Indeed, the Court questions whether the final bonus increment would have to be
included in the projected disposable income calculation at all, since debtors were only legally
required to submit their projected disposable income over a 36 month applicable commitment
23 The starting point for calculation of projected disposable income with respect to the
income side for above median-income debtors is Form B22C. In re Lanning, 545 F.3d 1269,
1270, 1272 n.2 (10th Cir. 2008). See also, In re Lanning, 380 B.R. 17, 21 (10th Cir. BAP 2007)
(Above median income debtors are required to use standardized deductions, § 1325(b)(3), as
Case 08-05216 Doc# 25 Filed 05/06/09 Page 9 of 13
that bankruptcy courts should start with debtors' current monthly income as defined in § 101(10A)
for the income side of the disposable income equation and did not directly speak to the expense side
of the equation.24 Most courts, however, use Schedule J expenses for below median income debtors
based upon § 1325(b)(2)(A).25 Here, the disagreement centers on the income side of the projected
disposable income calculation and the omission of the enlistment bonuses to be received in the
future from Schedule I.26 While Mrs. Senger lists her monthly social security disability payments
of $751 on Schedule I, such social security income is excluded from her current monthly income
calculation under § 101(10A) and Form B22C.27 In addition, the calculation of current monthly
determined on Form B22C, rather than Schedule J.); In re Kibbe, 361 B.R. 302, 306 n. 3 (Belowmedian
income debtors utilize Schedule J monthly expenses for determining disposable income,
§ 1325(b)(2)(A)).
24 545 F.3d 1269 (10th Cir. 2008). Lanning was an above median income debtor case,
and it did not directly address the expense side of the disposable income calculation other than to
note that expenses were determined by using the means test expenses pursuant to § 1325(b)(3).
Id. at 1272 n. 2. Kibbe, a below median income debtor case where the court reached the same
forward looking approach on the income side, noted that expenses were determined by Schedule
J pursuant to § 1325(b)(2)(A). 361 B.R. at 306 n. 3 See also § 1325(b)(2) defining "disposable
25 See In re Rush, 387 B.R. 26 (Bankr. W.D. Mo. 2008); In re Fuller, 346 B.R. 472, 483
(Bankr. S.D. Ill. 2006); In re Daniel, 359 B.R. 320 (Bankr. D. Kan. 2006); In re Girodes, 350
B.R. 31, 37 (Bankr. M.D.N.C. 2006).
26 The Court notes that these bonus installments would not have been included in the
calculation of debtors' current monthly income under § 101(10A)'s CMI definition and Form
B22C, because they had not been received during and derived from the six-month period prior to
filing. See Keith M. Lundin, 6 CHAPTER 13 BANKRUPTCY 3D ED., § 468.1 at 468-12 (2000 &
Supp. 2007-1). The treatment of these future bonus amounts for calculating projected disposable
income becomes relevant only if the Court departs from the CMI calculation on Form B22C, in
which event, the Court would essentially be adding them or considering them on debtors'
Schedule I.
27 See In re Rush, supra; In re Upton, 363 B.R. 528 (Bankr. S.D. Ohio 2007); In re
Barfknecht, 378 B.R. 154 (Bankr. W.D. Tex. 2007). See also, Keith M. Lundin, 6 CHAPTER 13
BANKRUPTCY, 3D ED., § 468.1 at 468-26 (2000 and Supp. 2007-1).
Case 08-05216 Doc# 25 Filed 05/06/09 Page 10 of 13
income on Form B22C is a gross figure and does not take into account payroll taxes and social
security as does Schedule I.28 In short, the Court concludes that adding in the remaining two
enlistment bonus installments to be received over the life of the plan, but backing Mrs. Senger's
social security income and the debtors' payroll deductions and taxes out of current monthly income,
and discounting the future payments, essentially results in a "wash."29 The Court is therefore
satisfied that debtors' Schedule I (which includes Mrs. Senger's social security benefit) and J,
accurately represent their monthly projected disposable income of $150.
The Court has considered the somewhat analogous case of In re Foster30 as further limited
support for the result it reaches today. Although the case involves above-median debtors, it
addresses the issue of whether future annual bonuses debtor expects to receive during the life of the
5-year plan must be included in projected disposable income. In Foster, because of the timing of
their bankruptcy petition, no annual bonus was included in CMI.31 On Schedule I, debtors included
the current year annual bonus of over $12,000 (divided into monthly amounts). Further, debtors'
28 See In re Quarterman, 342 B.R. 647,651 (Bankr. M.D. Fla. 2006) (amount of taxes
paid by debtor is a reasonably necessary expense and is to be subtracted from current monthly
29 The Court observes that there is only a minor variance between CMI and Schedule I
income in this case. Debtors' CMI as calculated on Form B22C is $3,002.09 (without Mrs.
Senger's social security income and utilizing gross, rather than net, monthly income). Schedule
I monthly income is $2,956.83 (including Mrs. Senger's social security income and using net
monthly income figures). If the taxes were deducted from the Form B22C gross income figure
as a reasonable and necessary monthly expense on Schedule J, some $500, the disparity is even
more favorable for debtors to utilize the CMI figure. On balance, the $150 disposable income is
more than adequate.
30 2006 WL 2621080 (Bankr. N.D. Ind. Sept. 11, 2006).
31 Debtors received a $12,000 bonus (through Mrs. Foster's employment) on February
28, 2005, but did not file their chapter 13 petition until November 30, 2005, more than the 6month
historical look back period for calculation of CMI. Id. at *1.
Case 08-05216 Doc# 25 Filed 05/06/09 Page 11 of 13
monthly expenses showed a variance of approximately $1,700 between the deductions allowed on
Form B22C and Schedule J. As a result, monthly disposable income from Form B22C was some
$508 while net income from Schedules I and J was some $1,239.32 Debtors' plan filed on January
6, 2006, omitted any treatment of the current or future annual bonus and the trustee objected to
confirmation, contending that the projected disposable income did not include the annual bonus and
that debtors would get a $12,000 windfall in "uncommitted bonus income every year," to the
detriment of their creditors. Debtors, of course, argued that the bankruptcy court could not deviate
from the disposable income calculation produced by Form B22C. In siding with the trustee, the
bankruptcy court adopted the forward-looking view of projected disposable income and declined
to treat the CMI analysis as the ultimate measure of debtors' ability to fund their plan.33
Most interesting in Foster, however, was the bankruptcy court's theory to include the future
bonuses in CMI. Referencing Judge Lundin's treatise, the bankruptcy court stated:
. . . Judge Lundin considers the possibility that such amounts can be included in CMI
under § 101(10A)(B):
This raises the question whether amounts paid by any entity other
than the debtor on a regular basis for the household expenses of the
debtor or a dependent of the debtor under § 101(10A)(B) are included
in CMI even if not received by the debtor or derived within the six-
month period described in §101(10A)(A). Without the temporal
limitation in § 101(10A)(A), the amounts included in CMI by
§101(10A)(B) could be amounts paid at any time so long as the
conditions of regularity and use for household expenses are satisfied.
. . .
Imagine a chapter 13 debtor who received a tobacco or crop subsidy
nine months before the Chapter 13 petition. The payment is outside
the applicable six-month period in § 101(10A)(A) and would not
come into CMI through that subsection. But if the debtor receives
32 Id.
33 Id. at *6.
Case 08-05216 Doc# 25 Filed 05/06/09 Page 12 of 13
such a payment every year and if the payment can be characterized
as "for the household expenses of the debtor," the payment might be
dragged into CMI by § 101(10A)(B). . . .
. . . this court finds similarities between his examples and the regularly received
bonuses that were not paid within 6 months before the debtors' petition. Those
bonuses were deposited in the debtors' bank account and may well have been used
to pay the debtors' household expenses. At least, there is no evidence that they were
not used for payments of the debtors' household expenses.34
In sustaining the trustee's objection, the Foster court concluded that projected disposable
income must take into account the debtors' past and current financial status, including the annual
bonuses anticipated in the future.35 In the case at bar, the enlistment bonus increments to be received
by Mr. Senger in the years 2009 and 2011 might also be included in debtors' projected disposable
income.36 Unfortunately, this Court is left to its own devices to determine the manner in which these
future enlistment bonuses should be "accounted for," as neither Foster nor Lanning offer specific
guidance on this front.
B. Vehicle Valuation for Cram-down of Farmway's Claim
Debtors propose to pay a value of $2,000 on Farmway's claim secured by the 1999 Pontiac
pursuant to § 1325(a)(5(B). Apart from Mr. Senger's opinion of the value, the only other valuation
evidence consisted of Farmway's appraiser's opinion of value of $3,400. The Court believes the
accurate value for the vehicle is more likely somewhere in between these two figures, particularly
34 Id. at *7-*8.
35 As this Court reads Lanning, the result reached today is entirely consistent with
Lanning's forward-looking approach to projected disposable income adopted in this Circuit.
36 On the present record, the Court cannot conclude definitively that the enlistment
bonuses meet the condition of regularity required by § 101(10A)(B). Nor is it established that
the future enlistment bonuses would be used for household expenses. Like Foster however,
there is no evidence that the enlistment bonus would not be used for payment of debtors'
household expenses.
Case 08-05216 Doc# 25 Filed 05/06/09 Page 13 of 13
because Farmway's expert did not take into account the need for struts repairs to the vehicle.
Moreover, because of Mr. Carver's close business association with Farmway's counsel, his opinion
is open to some credibility questions. Because the Court knows of its own knowledge that
suspension problems can be expensive to remedy and because this is a ten-year-old vehicle for
which there may be a limited market, the Court concludes that the value of the 1999 Plymouth is
$2,500. Because debtors' plan in its current form does not propose to pay Farmway the value of its
collateral, the plan cannot be confirmed.
Confirmation of debtors' current plan, or as modified by the trustee's and debtors' proposed
announced oral agreement at trial, is DENIED. Debtors will be given ten (10) days to amend their
plan consistent with this opinion – paying Farmway's claim in an allowed amount of $2,500 and
paying to unsecured creditors the amount of $5,000 to comply with § 1325(a)(4) – or the case will
be dismissed. Farmway Credit Union's adversary complaint is DISMISSED with prejudice and its
motion for a temporary restraining order is DENIED.
# # #


text:
Those on the quest for speed often turn to motorcycles as they have higher power-to-weight ratio than nearly all production cars, at a fraction of the price of super and hyper cars. Production motorcycles first cracked the 125mph mark during the 1960s, which meant they had a little more top speed than most muscle cars and without a doubt quicker acceleration.
Honda's CB750 was the king of 1960s motorcycles with a top speed of 125mph. The Honda had a 67bhp 736cc engine and weighed a lightweight 481lbs. Most 1969 CB750s were not equipped with fairings or windshields, which meant the rider was in the elements and felt full brunt of the wind at speed.
During the 1970s manufactures began to experiment with racing technology, i.e. fairings, on production motorcycles. The Suzuki GS1000 that was able to reach 154mph could be classified as a non-stock motorcycle, but with the Dunstall fairing installed it was still under warranty so technically it was a production motorcycle. Either way it was still a fast bike, with 74bhp from a 997cc four cylinder engine. The GS1000 was a weighed a bit more than the CB750 from the 1960s at 550lbs. Without the fairing it could reach 135mph.
As the 1980s rolled around, fairings became essential parts to all fast production motorcycles, which lead to a dramatic increase in top speed across manufactures. Three motorcycles from Suzuki, Yamaha and Kawasaki could achieve over 165mph. The Yamaha FZR1000 EXUP led the way reaching 169mph. Its 1003cc four cylinder engine produced 135bhp for 1987-88 and 145bhp for 1989 and beyond.
The Guinness Book of World Records erred in granting the Honda V65 Magna as the fastest motorcycle for the 1980s, claiming that it had a "designed" top speed of 173mph. The V65 likely would not reach speeds that high, but it had the gearing to attempt it.
Today modern superbikes can reach speed approaching 200mph and even more with modifications, but how much speed is necessary? With an older motorcycle fast-enough speeds can be reached on a track and the owner can experience the thrills of riding a classic. Most former fastest motorcycles can be found around or below $5,000.

subset: commoncrawl


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May 21, 2013 - 4:47pm
Farmers await clarity on how tax bill affects them
ST. PAUL – Farmers are not sure how much more they will be taxed after the Democratic-controlled Legislature adopted a $2 billion tax increase. It appears that farmers will pay sales tax on fertilizer stored in facilities they do not own and on equipment repair, but not parts....
May 21, 2013 - 4:46pm
Capitol, flooding, veterans, disaster end session
ST. PAUL – The Minnesota Legislature ended a historic 2013 session seconds before midnight Monday after voting to renovate the state Capitol...
News / government
May 21, 2013 - 1:31pm
Tough legislative session comes to a close
ST. PAUL – Minnesota Democrats had enough members to pass nearly anything they wanted, but this legislative session remained about as contentious as any other. It was not necessarily a surprise to many Democrats, who say their party contains a variety of opinions and members...
News / government
May 21, 2013 - 1:26pm
Tough legislative session comes to a close
ST. PAUL – Minnesota Democrats had enough members to pass nearly anything they wanted, but this legislative session remained about as contentious as any other. It was not necessarily a surprise to many Democrats, who say their party contains a variety of opinions and members...
News / government
May 21, 2013 - 1:25pm
Still time to apply for energy assistance
ST. PAUL -- The deadline to apply for help from the low-income Energy Assistance Program is May 31. According to a release from the Minnesota Department of Commerce, grant funds are still available to help pay heating bills for low-income Minnesotans -- especially seniors, people...
May 21, 2013 - 1:22pm
May 17, 2013
Highway 59 detour south of I-94 begins May 20
DETROIT LAKES, Minn. – Motorists on Highway 59 between Interstate 94 and Elbow Lake will encounter a detour and possible delays when a road resurfacing project begins May 20, weather permitting. During the project Highway 59 will close, and motorists will use a detour. ...
News / region
May 17, 2013 - 11:33am
May 16, 2013
Rep. Jay McNamar: Budget will help students, communities and businesses
ST. PAUL -- Well, this has been our final week of the legislative session. Since January, we have been working to make sure we balance the budget and invest in the things that Minnesotans value the most. We're paying off the $627 million budget deficit that was left over from...
opinion / editorials
May 16, 2013 - 2:44pm
May 15, 2013
Marathon Senate session OKs child care union
ST. PAUL – Minnesota senators took nearly 17 hours to approve a bill allowing childcare providers and personal care attendants to unionize. The bill passed 35-32 a little after 8 a.m. today after senators debated it continuously since Tuesday afternoon. "Republicans stalled...
News / government
May 15, 2013 - 3:24pm
Gay couples ready for married rights
ST. PAUL – Minnesota's gay community never has known such joy. That joy showed Tuesday night as American and rainbow flags flew in front...
News / government
May 15, 2013 - 9:48am
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This a book dealing with anxiety and depression in contemporary life. It is set up as a 30 day commentary. Using Scripture quotes and discussion questions to deal with your stressors.
I have been married for almost 44 years. My wife and I have four grown children and 10 grandchildren. I am a retired public school teacher with a second career as a licensed Marriage and Family Therapist. I write my books to help the clients I serve in a church based ministry here on the Central Coast of California.
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Shut Up Book Published November 15, 2012
Parents Published June 24, 2012
Love Published June 09, 2012
A Word From The Word Published July 21, 2011
THE BEST OF LET'S BE FRANK Published April 08, 2011
A Word from the Word Published March 26, 2011
Friendship Book Published December 09, 2010
Anger Book Published November 21, 2010


text:
Gay Marriage Mystery Illness Leaves Upstate N.Y. Teens With Twitches, Spasms And No Answers
For It Is Written!
Psalms 106:29 Thus they provoked him to anger with their inventions: and the plague brake in upon them.
One of the teens, Tara Sancho said she woke up from a nap and had terrible symptoms. Another teen, Chelsea, was stricken with a gay lisp: "I couldn't stop stuttering," said the shocked student. "And throughout the day, I got worse, and I started twitching and everything."
The New York youngsters have reported the symptoms getting worse and worse ever since the New York State Government allowed gays to get married.
The debilitating condition ahs caused a great lifestyle chance for many of these young people in Genesee County. The teens were once active and virile, their young bodies strong with the breath of life from God.
But now homosexuality is in the air. The scent of the sins from that lifestyle are suffocating and not pure. And we can see it is clogging the lungs of America's future, leaving their bodies exhausted and in pain. This serves as a reminder of what all gays face, their bodies exhausted drum drugs and lesions untold from unimaginable acts they do to each other each and every night.
The youngsters are getting a taste of what it means to have a Gay America. If gay is allowed nationwide, laws will allow gays to backbeat any person they want and inject our children with drugs. Our students will have to get used to waking up confused, molestered and diseased, because our government is trying to rule the normal lifestyle of gays should be something we all accept.
"I hate when it happens because my body is sore. Sometimes it gets me to the point where I want to cry from twitching so much," one innocent student said.
While New York doctors cannot come right out and say it, these students are all experiencing what is known as Gay Bowel Disease.
Even though none of them may be gay, having second hand exposure to gay lifestyles and fumes is just as deadly as second hand smoke. Secondary Gay Bowel Disease is debilitating and as we can see in this study, deadly and traumatizing to those who have to live in a predominately gay city.
- Excited
- Fascinated
- Amused
- Shocked
- Sad
- Angry


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On March 17, 2014, at the same time anti-gay crusader Scott Lively was lashing out at "LGBT bullies" for opting out of the Boston St. Patrick's Day parade due to the refusal to allow LGBT groups to participate, fellow American Taliban spokesperson Bill Donohue was calling on Americans to boycott Guiness, Samuel Adams and Heineken for not backing the event:
Diageo, the parent company of Guinness, and Heineken, have pulled their sponsorship of New York's St. Patrick's Day parade; the Boston Beer Company, maker of Sam Adams, has withdrawn its sponsorship of Boston's St. Patrick's Day parade.
None of these companies believe in diversity. No gay person has ever been barred from marching in any St. Patrick's Day parade, anymore than the parade bans pro-life Catholics or vegetarian Catholics; they simply cannot march under their own banner. The parade has one cause: honoring St. Patrick. Those who disagree do not have to march--that's what diversity is all about.
The parade is quintessentially Catholic, beginning with a Mass in St. Patrick's Cathedral. It is this Catholic element that angers those who are engaged in a bullying campaign against the St. Patrick's Day parades. The bullies also have nothing but contempt for the constitutional rights of Irish Catholics.
In 1995, the U.S. Supreme Court ruled in a 9-0 decision that the First Amendment guarantees the right of private parade organizers to determine its own rules for marching. It is this liberty that the makers of Guinness, Heineken, and Sam Adams want to squash.
I have had my last Guinness and Sam Adams. Heineken was always slop, so there is no sacrifice there. I urge Catholics, and all those who believe in tolerance, diversity, and the First Amendment, to join with me in boycotting these brews.
Lost in Donohue's flailing temper tantrum, once again, is the fact that the First Amendment is exactly what was being exercised when Diageo and the Boston Beer Company withdrew their support from the event. Just as the parade organizers had the right to decide who could and could not march, the brewers were likewise under no obligation to participate if they felt differently.
No matter how loud or for how long they kick and scream, the American Taliban will never be able to disguise their contempt for the First Amendment as support for it.


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Bryson Dechambeau
Aug. 9, 2013
BROOKLINE, Mass. (SMU) - Four Mustangs have qualified for the 113th U.S. Amateur Championships and will begin play on Monday at the Country Club in Brookline, Mass. Bryson Dechambeau, Mario Clemens and brothers Harry and Alex Higgs will look to bring SMU its fourth U.S. Amateur crown since 1998.
Dechambeau and Harry Higgs return to SMU this fall, while Alex will be a freshman on the Mustangs. Mario Clemens graduated after a stellar late-season run that included an NCAA Regional victory and a 16th place result at the NCAA Championships.
This weekend is reserved for practice rounds leading into Monday's start. After two rounds of stroke play, the field will be narrowed to 64 and match play will begin Wednesday and will go until a champion is crowned on Saturday, Aug. 18.
Since 1998, SMU has had three players win the U.S. Amateur. Hank Kuehne won in 1998 at the Oak Hill Country Club in Rochester, N.Y., Colt Knost won in 2007 at the Olympic Club in San Francisco, and Kelly Kraft won in 2011 in Hartford, Wisc. No school has had more than one winner during that span.
SMU was represented well at last year's U.S. Amateur, but only Dechambeau advanced past stroke play. Matt Schovee finished at 5-over (73-73), Sam Fidone shot 11-over (73-79) and Max Buckley had a strong day one, but struggled on day two to finish at 12-over (68-85).
For more information, tee times and results for the 113th U.S. Amateur Championships, visit the USGA's official website.


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Career Bests: 60m - 7.05 100m - 11.06 Long Jump - 24-9 1/4
Junior (2009-10)Had the team's second best long jump mark during the indoor season with a leap of 23-11 ¾ at the Notre Dame Meyo Invitational ... was 12th at the SEC Indoor Championship with a mark of 22-11 ¾ ... finished seventh at the Texas A&M Challenge at 23-10 ... competed in the long jump once during the outdoor season at the Florida Relays finishing 17th with a distance of 21-4 ¼.
Sophomore (2008-09)Finished ninth in the long jump at the SEC Indoor Championships with an indoor season-best leap of 23-1 3/4 ... posted a season-best time of 7.21 in the 60m dash at Kentucky Invitational ... opened up the outdoor season with a big jump at the Alabama Relays finishing fourth in the long jump (24-9 1/4) ranking him ninth in the SEC ... finished 13th in the long jump (23-1 1/4) at the SEC Outdoor Championships ... placed 15th in the long jump (23-8) at the Mideast Regional.
Freshman (2007-08)Finished 10th in the high jump at the Indoor SEC Championships with a jump of 6-2 1/4 ... third best long jumper for Alabama during the indoor season with a leap of 23-7 1/2 at the Meyo Invitational...second best long jumper for Alabama during the outdoor season.
Prep and PersonalMember of the football and wrestling teams in high school as well as track team ... finished third in the long jump and seventh in the high jump at the 2007 Florida State Championships ... placed second in the state weight lifting competition ... named Prom King ... Parents: Cory and Michelle Gaiser ... Birthday: June 29, 1988.


text: Ponomaryova had the best test results, but did not give 'proper' replies in the interviews. When asked 'What do you want from life?' she replied, 'I want to take everything it can offer'. Tereshkova, on the other hand, intoned 'I want to support irrevocably the Komsomol and Communist Party'. Ponomaryova also maintained that a woman could smoke and still be a decent person, and had made trips unescorted into Fedosiya while there for training. However despite what were considered very grave drawbacks, the final choice was still between Tereshkova and Ponomaryova.


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Whose number is up next?
Had Tim Hardaway deflected questions during a radio interview while working as an NBA ambassador during the 2007 All-Star Game in Las Vegas, it is possible he and Alonzo Mourning would have shared the honor of having their jerseys retired first by the Heat.
Instead, with his life lessons yet to be fully learned, the former Heat point guard blurted out an anti-gay rant and knocked himself down several pegs in the view of the Heat, South Florida and just about anyone else within earshot.
So Mourning's moment became a solo moment last season, as his No. 33 was hoisted to the rafters at AmericanAirlines Arena.
But in rehabilitating his image, and becoming a better person in the process, Hardaway soon will find himself again alongside Mourning, with the Heat announcing that Hardaway's No. 10 will be retired prior to the Oct. 28 regular-season opener against the Knicks.
Now the question becomes: Who's next?
The proper approach would be to limit such honors to one per season, rather than dilute the moment (especially after already tarnishing the process by placing Michael Jordan and Dan Marino jerseys in the rafters).
On one hand, an argument could be made that Pat Riley should be the next member of the organization to be so honored. But hoisting an Armani suit or hair gel isn't quite the same thing.
The next most deserving player is Dwyane Wade, but that obviously won't be happening any time soon, and perhaps not at all if free agency takes the guard elsewhere next summer.
The logical choice would be Glen Rice, the franchise's first star (with all due respect to Rony Seikaly). There also is something to be said for Steve Smith or even Eddie Jones, for their perseverance through tough times and their commitment to this community.
But, honestly, while each was very good during their Heat tenures, was any of the three truly great?
And it's not as if this franchise is about to do anything for Shaquille O'Neal, despite his standing as one of the prime faces of the Heat's 2006 NBA championship.
From here, the process should go on hiatus, possibly even until Wade has his moment.
Honor Riley in the interim, if you so choose. But don't diminish the process.
That already has been done with those Jordan and Marino jerseys.
(Also, your Heat questions are answered regularly at Ask Ira! and for Heat updates check out our Twitter feed.)


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Has organized religion had an overall positive or negative impact on humanity?
I view this as a negative not a positive. If people didn't believe in an afterlife, they would take more care of the environment and their fellow humans now because this is the only chance they've got.
Texas forever.
They should anyway. Behavior on earth deterimes quality of afterlife.
~Do not be afraid, then, when love makes demands. Do not be afraid when love requires sacrifice.~ Pope John Paul II
Perhaps secular reasons would have been found to do the same things but I think that many societies have been negatively impacted by religion. Religion has been a divisive force in the world for a long time. Religion has been used to deny people civil rights, it's been used to keep people "in their place" in a variety of ways. It's been used to hold us back in science. It's been used to kill members who break religious rules and it's been used to kill people who won't convert to the 'right' religion. Since many if not most religions don't have a way to change what was written 100s if not thousands of years ago it takes forever for a society to finally bend religion in some way to make it fit new ideas and norms. Some people will argue that culture has a lot to do with that, but I don't think you can so easily pretend like religion isn't part of the culture.
As for the comfort argument, I think people would have found other ways to seek comfort if they didn't have religion. Perhaps learning they have things in common with people rather than worrying if strangers have their heads right when it came to supernatural beliefs.
Melissa (order a Pet Portrait at Etsy and buy a painting at ArtPal as well as a matching shower curtain at FineArt America)
Whatever, I do what I want.
Organized religion = bad
Any time you get a group of people together that have the same beliefs, bad things happen. It's like they become a group of bullies, rallying for their own personal agendas, with complete disregard for how others outside of their group feels.
i wanna hugga yo face!
" Personal religion = good
Organized religion = bad"
This is an unfair generalization and it essentially eradicates many religions when applied.
For me, to remove the organized element would undermine the whole thing. Christ selected his Apostles and established the church. I could not adhere to an entirely fly by the seat of your pants version of Christianity, because there is zero evidence that Christ wanted that. There is however, a Gospel full of teachings to the contrary.
The Church is the Bride of Christ. I can't have one without the other.
~Do not be afraid, then, when love makes demands. Do not be afraid when love requires sacrifice.~ Pope John Paul II
I say negative. Religion gives us excuses for so much. Excuses to start wars, discriminate, etc. The afterlife can be a comfort, sure, but I think it's also an excuse not to make the most of this life. Would people not organize to do good without religion or a church? I think that's a pretty big assumption.
Texas Heathen Mommy to 2 kick ass girls, H (1.2007) and F (10.2010)
I think overall more positive thannegative, I say this because, it gives people a set of rules to live by. With people being raised a certain way, and taught to act and think a certain way, I believe it does help keep some calm and peace to the human race. However, in retrospect i must say, with all the denominations and all the differents ways and beliefs, different bible interpretations, and even other holy book spin-offs of the bible, I think this a negative. For someone trying to find peace in "the word" and find their faith, I think with organized religion and denominations, the who's right and who's wrong becomes overwhelming. So much so to the point of bullying as a PP mentioned and to me, thats a bad thing.
I don't think people need religion to justify rules that make you a good member of society. I do think religions need rules to tell people what and how to think about certain things. I think religion needs people to think they need religion more than religion needs them. But just because people think it's true doesn't make it so. We have plenty of real world consequences for doing things that disrupt other people in society. Supernatural consequences aren't the best deterrent to doing things that hurt others, real world consequences are.
Melissa (order a Pet Portrait at Etsy and buy a painting at ArtPal as well as a matching shower curtain at FineArt America)
Whatever, I do what I want.


text:
NISCAIR Online Periodicals Repository Collection: IJPAP Vol.47(02) [February 2009] http://nopr.niscair.res.in/handle/123456789/3124 The Collection's search engine Search the Channel search http://nopr.niscair.res.in/simple-search Grain boundary scattering in silicon doped polycrystalline gallium nitride films prepared by rf sputtering http://nopr.niscair.res.in/handle/123456789/3185 Title: Grain boundary scattering in silicon doped polycrystalline gallium nitride films prepared by rf sputtering

Authors: Bhattacharyya, S R; Pal, A K

Abstract: Silicon doped polycrystalline gallium nitride films have been deposited at temperatures ranging from 300 to 623 K on fused silica and silicon substrates by radio frequency sputtering technique. The films are characterized by optical measurements while the microstructural information is obtained from scanning electron microscopy and atomic force microscopy. X-ray photoelectron spectroscopy studies indicate compositional information in these films. The bonding environment in the film has been revealed from Fourier transformed infrared studies. Grain boundary parameters like density of trap states and barrier height are also evaluated.

Page(s): 125-133 Temperature dependence of microwave loss in antiferroelectric squaric acid crystal http://nopr.niscair.res.in/handle/123456789/3184 Title: Temperature dependence of microwave loss in antiferroelectric squaric acid crystal

Authors: Upadhyay, Trilok Chandra

Abstract: A model of pseudospin for layers 1 and 2 of squaric acid (SQA) crystal proposed by Li and Qin, Ferroelectrics, 82 (1988), 69 has been modified to include pseudospin-phonon interaction and cubic and quartic phonon anharmonic interactions. With the help of double-time temperature dependent Green's function method and modified Hamiltonian, expressions for antiferroelectric soft mode frequency, dielectric constant and loss have been evaluated. By fitting model values of physical quantities in the theoretical expressions, temperature dependences of soft mode frequency and loss have been calculated. In the microwave frequency range, an increase in frequency is followed by increase in loss. The loss decreases with increase in temperature for SQA crystal in its paraelectric phase. This shows Curie-Weiss behaviour of the dielectric tangent loss. Theoretical results are compared with experimental results of Muser [Proc. 6th Int'l Meeting on Ferroelectricity, Kobe (1985)], Maier et al. [Phys Status Solidi (b) 89, (1978)], and Samara and Semmingsen [J Chem Phys 71 (3) (1979) 1401] which show a good agreement.

Page(s): 119-124 Temperature dependence of microwave loss in rochelle salt crystal http://nopr.niscair.res.in/handle/123456789/3183 Title: Temperature dependence of microwave loss in rochelle salt crystal

Authors: Upadhyay, Trilok Chandra; Kandpal, Balkrishna

Abstract: Considering two-sublattice pseudospin lattice coupled mode model [Chaudhuri et al., J Phys Soc Jpn, 49(1980) 609] along with third-and fourth-order phonon anharmonic interaction terms and using double-time thermal Green's function method, expressions for shift, width, renormalized soft mode frequency, Curie temperature, dielectric constant and microwave absorption have been derived and discussed for rochelle salt crystal. By fitting model values of physical quantities, soft mode frequency, dielectric constant and microwave loss tangent have been calculated. Theoretical results compare well with experimental results of Sandy and Jones, Phys Rev, 168 (1968) 481.

Page(s): 134-140 Ultrasonic investigation of amino acids in aqueous sodium acetate medium http://nopr.niscair.res.in/handle/123456789/3181 Title: Ultrasonic investigation of amino acids in aqueous sodium acetate medium

Authors: Thirumaran, S; Sabu, K Job

Abstract: The ultrasonic velocity (U), density (ρ) and viscosity (η) measurements have been carried out for four amino acids namely L-alanine, L-leucine, L-valine and L-proline in aqueous sodium acetate solution as a function of composition at 303, 308 and 313K. Experimental data have been used to estimate the adiabatic compressibility (β), change in adiabatic compressibility (Δβ), relative change in adiabatic compressibility (Δβ/β₀), apparent molal compressibility (φĸ), apparent molal volume (φV), limiting apparent molal compressibility (φºK), limiting apparent molal volume (φºV) and the constants (S ĸ, SV), and viscosity B-coefficient. The results are discussed in terms of structure-making or structure-breaking effects of amino acids in the mixture.

Page(s): 87-96


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My back yard has a brick floor and is surrounded by a concrete block wall. In heavy rains, the yard pools with rain water. How do I go about cutting drain holes in the wall or floor?
Pictures might change the answer but...
Is the terrain outside the block wall your property? Is the elevation lower than your backyard? If you answered yes to both of those questions I'd say strategically and carefully, maybe hire someone, remove blocks or pieces of block. Drilling holes does not sound like adequate drainage but if they were big enough it might work.
I would probably remove a section of brick at the lowest point in the yard and dig a large pit. Line the pit with some type of filter fabric that will keep fine soil particles from passing through and then almost fill the hole with large gravel. (Here in this part of the US we would use what is called blue stone) Cover with the same fabric. Install a porous grate or cover of some sort over it. You could even cover it with soil and plant grass or something else if you liked. Figuring out what survives there might take trial and error. This will give the water somewhere to escape to while it slowly drains out of your yard.


text:
International Symposium "Foundations of Human Social Behavior"
June 18-21, 2008
The University Research Priority Program "Foundations of Human Social Behavior" is organizing a small, invited symposium that will take place at the University of Zurich from June 18-21, 2008.
The international symposium will bring together key scientists from different social science and biomedical disciplines to address the actionable knowledge needed to answer crucial questions associated with adaptive and maladaptive human social behavior.
The symposium will be comprised of sessions on: Prosocial Behavior, Antisocial Behavior, Understanding Others, and Social Behavior in Cross-Cultural and Cross-Species Perspective.
Prosocial Behavior
Oxytocin, vasopressin and social monogamy: Implications for mental illness
C. Sue Carter, University of Illinois at Chicago, Chicago, IL
Oxytocin is an ancient neuropeptide hormone, previously best known for its role in birth and breastfeeding. Recent research reveals that oxytocin and the related molecule vasopressin regulate the novel traits of social monogamy, including social bonding and parental care. In addition, these same neuropeptides, as well as associated social relationships, have important roles in the regulation of neural and autonomic systems associated with stress and anxiety. We will discuss the causes and consequences of social bonds and related social behaviors, using evidence from humans and other socially monogamous mammals, such as prairie voles. For example, in prairie voles social isolation or exposure to a social stimulus, such as an infant, can causes dynamic changes in oxytocin, vasopressin, and hormones of the hypothalamic-pituitary-adrenal axis, including CRF and adrenal steroids, and may even regulate neurogenesis. Early experiences, including handling and exposure to neuropeptides, can have long lasting effects on the expression of these systems. However, in many cases these effects differ in males and females. We also will describe possible implications of these same neuropeptides and their actions for mental health and mental illnesses, including disorders such as depression, autism and schizophrenia.
Neural bases of individual differences in social and emotional behavior
Richard J. Davidson, University of Wisconsin-Madison, Madison, WI
Variation in reactivity to social and emotional stimuli is the norm rather than the exception in human behavior. This variation is crucial in understanding fundamental modes of adaptation including resilience and psychopathology. By considering the contributions of underlying neural systems to this variation, better measures of individual differences and their neural bases can be obtained. This talk will feature several examples from our laboratory of individual differences in both normal and abnormal social and emotional behavior and their neural bases probed with functional magnetic resonance imaging. Individual differences in prefrontal and amygdala circuitry plays an important role in modulating individual differences in behavior. In one series of studies, individual differences in emotion regulation will be highlighted using a paradigm in which participants are instructed to voluntarily regulate their emotions using cognitive reappraisal strategies. These studies highlight the role of ventromedial and frontopolar regions of prefrontal cortex and their connectivity to the amygdala. Good emotion regulators show greater activation of these prefrontal regions during the down-regulation of negative affect, and lower levels of activation in the amygdala, compared with poor emotion regulators. This pattern is abnormal in patients with depression. In another series of studies, eye tracking is used as a measure of sensitivity to social cues. Variations in eye tracking to facial emotion is related to individual differences in amygdala reactivity. In individuals with autism these patterns are abnormal and are related to structural variation in the amygdala. Together these findings underscore the critical importance of individual differences in any comprehensive understanding of social and emotional behavior.
Cooperative breeding and the origin of prosociality
Carel van Schaik, University of Zurich
Humans are strikingly more cooperative than other primates, and our exceptional cooperation is based on a psychological predisposition known as spontaneous prosociality, other-regarding preferences, or concern for the welfare of others. Its evolutionary roots, however, remain poorly understood. Recent evidence suggests a discontinuity between humans and our closest relatives. Chimpanzees are highly cooperative, yet three independent attempts failed to elicit prosociality in a food donation experiment, suggesting hominins evolved a new psychology of cooperation. However, an experiment found spontaneous food donation among common marmosets, our closest primate relatives to share extensive allomaternal care with us humans. Since most other primates show far less cooperation than chimpanzees, this suggests that we should look to the origin of extensive allomaternal care, i.e. cooperative breeding, to explain the origin of spontaneous prosociality.
Antisocial Behavior
The amygdala and ventromedial prefrontal cortex: Functional contributions and impairment in psychopathy
James Blair, National Institute of Mental Health, Bethesda, MD
In this talk, four issues will be addressed. First, I will consider the functional contributions of the amygdala and ventromedial prefrontal cortex that are relevant to understanding the impairment seen in psychopathy. In short, I will consider the amygdala's role in stimulus-reinforcement association formation (including its role in responding to the reinforcement provided by some facial expressions) and the role of ventromedial frontal cortex in the representation of reinforcement information. Second, I will consider the bases of psychopathy and conclude that there is a substantial genetic contribution to the development of this disorder though social influences clearly influence how this genetic contribution is expressed. Third, I will provide data showing that the functional contributions of the amygdala and ventromedial frontal cortex are profoundly compromised in individuals with psychopathy. I will describe how these impairments disrupt the individual's socialization, leading to an increased risk for goal-directed, instrumental antisocial behavior. Fourth, I will provide data showing that the role of ventromedial prefrontal cortex in the representation of prediction errors and the readjustment of stimulus-reinforcement associations following contingency change is also profoundly disrupted in psychopathy. I will describe how this impairment is likely to lead to increased frustration and consequently the increased risk for reactive aggression seen in this population.
The impact of neural, psychological, and social factors on the responsible assignment of moral responsibility for action
Shaun Gallagher, University of Central Florida, Orlando, FL
Generally speaking we want to hold individuals responsible for their actions. Recent research in neuroscience and cognitive neuropsychology, however, confirms long-held philosophical suspicions that individuals may not be in full control of their actions – that neural, psychological, and social factors causally impact action decisions. This view raises questions about how responsibility should be assigned. After reviewing some of the recent science, I argue that although science can tell us a lot about causal responsibility it cannot resolve questions about moral responsibility. For example, it may very well be the case that psychopaths and sociopaths have abnormal brains that prevent them from being causally responsible; it remains an open question, however, to be decided in each case, whether we should hold the individual morally responsible for their actions. For all practical purposes in the moral and social realms, the correct question is not "Is the individual responsible for her actions?" but "Should we hold the individual responsible for her actions?" Part of this decision should include reference to causal responsibility, but other factors enter into judgments of moral responsibility. On this side of the issue there are also interesting empirical studies that demonstrate a variety of problems with regard to how people actually do make judgments of moral responsibility. How we make such judgments may be affected by some of the same neural, psychological, and social factors that causally impact our action decisions.
Some key principles of juvenile disruptive behavior and delinquency
Rolf Loeber, University of Pittsburgh, Pittsburgh, PA
Several principles of development have emerged from the scientific literature, which are relevant to disruptive and delinquent children: The Early-onset principle: an early-onset of delinquency or persistent disruptive behaviors, compared to later-onset, is predictive of later chronic, serious, and violent offending. The Age-crime curve: is a universal phenomenon showing that the prevalence of offenders is low in late childhood and early adolescence, peaks in middle to late adolescence and decreases subsequently. The Developmental Pathway Principle refers to findings that the development of serious forms of delinquency almost always is preceded by successive forms of less serious disruptive behavior and minor to moderate serious levels of delinquency. Dose-response principle: there is a dose-response relationship between risk factors and outcomes, meaning that the higher the number of risk factors that a child is exposed to the more likely it is that that child will become seriously delinquent. There also is an inverse dose-response relationship between promotive factors and outcomes, meaning that the higher the number of promotive factors that a child is exposed to, the lower the likelihood that that child will become seriously delinquent. The Buffering principle: the higher the number of promotive compared to risk factors juveniles are exposed to the more likely it is that the promotive factors will buffer or negate the impact of risk factors. Thus, non-delinquency is more likely when promotive factors outstrip risk factors. The same applies to desistance from delinquency: desistance becomes likely the higher the number of promotive compared to risk factors. The Developmental prominence principle: there is emerging evidence that promotive factors tend to predominate in childhood, whereas the number of risk factors that children are exposed to tends to increase between childhood and adolescence. These six principles are of importance in assessing children, and particularly their risk of future serious delinquency, but the principles are also highly relevant for the formulation and evaluation of interventions.
Antisocial behavior: Dysfunctional brain mechanisms and moral decision-making
Adrian Raine, University of Pennsylvania, Philadelphia, PA
The past decade has witnessed an exponential increase in brain imaging research on antisocial individuals which has documented significant structural and functional brain impairments in these individuals. A meta-analysis of 43 imaging studies of the prefrontal cortex shows reduced prefrontal structure and function in antisocial individuals (d = -.64), with significant effect sizes for both structural (d = -.45) and functional (d = -.74) studies, as well as for non-violent antisocial (d = -.57) as well as violent antisocial (d = -.57) groups. Evidence for a neurodevelopmental hypothesis of antisocial behavior is presented based on structural brain imaging findings, together with data showing localization of structural impairments to specific amygdala nuclei in psychopaths. Data are presented suggesting that the gender difference in antisocial behavior is part-mediated by gender differences in orbitofrontal gray. A model of the broader cognitive, affective, and motor systems and brain regions that are dysfunctional in antisocial individuals is also presented. The neural circuitry underlying moral decision-making is outlined, a circuitry argued to be compromised in antisocial populations. Research findings raise significant neuroethical issues that impact society and the criminal justice system, issues which focus on responsibility, freedom of will, punishment, and treatment. Biological manipulations which improve brain structure and function hold the promise of reducing violence and risk for homicide, and one benign method of manipulating neurobiological functioning to reduce risk for aggression through dietary intervention is outlined.
Understanding Others
Psychological antecedents of empathy-induced altruism
C. Daniel Batson, University of Kansas, Lawrence, KS
Do we humans ever, in any degree, care about others for their sakes and not simply for our own? The empathy-altruism hypothesis offers an affirmative answer to this question. It claims that empathic concern (an other-oriented emotional response elicited by and congruent with the perceived welfare of another in need) produces altruistic motivation (a motivational state with the ultimate goal of relieving the need). Over the past 35 years, social psychologists have tested the empathy-altruism hypothesis using laboratory experiments and have found quite strong support. To find that empathy-induced altruistic motivation is within the human repertoire raises the question of what produces empathic concern. Proposed proximal antecedents include: self-other merging, similarity, sharing the other's feelings, two forms of perspective-taking (imagine-other and imagine-self), and valuing the other's welfare. Research to date suggests that self-other differentiation, not merging, is necessary to experience empathic concern. Research also suggests that neither similarity nor sharing the other's feelings is necessary, but that imagining the thoughts and feelings of another in need (imagine-other perspective) is a consistent and powerful antecedent. Imagining oneself in the other's shoes (imagine-self perspective) may serve as a stepping stone to imagining how the other feels. But it may also lead to a self-centered focus on one's own feelings, inhibiting empathic concern. In everyday life, intrinsic valuing of another's welfare may be the key proximal antecedent. The most plausible distal (genetic) antecedent of empathy-induced altruism is not reciprocal altruism, kin selection, or group selection. It is parental nurturance.
A genetic approach to social behavior in humans: Regulatory mechanisms and new phenotypes
Andreas Meyer-Lindenberg, Central Institute of Mental Health (ZI), Mannheim
The regulation of social behavior is a fundamental brain function essential for survival and, as such, under strong genetic control. The investigation of how genetic variation shapes neural circuits relevant for social function in humans is a new line of inquiry. We used imaging genetics in healthy human samples as well as in participants with Williams syndrome to identify neural circuits for human social behavior under genetic control. We also describe work investigating promising target phenotypes in the social domain that show a high degree of conservation across the mammalian lineage and thus have a high prior probability of genetic contribution. We have characterized a regulatory circuit linking amygdala with several regions in prefrontal cortex that implies mechanisms for risk for anxiety and depression as a function of variation in the serotonin transporter gene as well as for genetically abnormal social behavior in Williams syndrome. New data show a strong modulatory effect of prosocial neuropeptides, as well as of genetic variation in neuropeptide receptor genes linked to autism (OXTR, AVPR1A) on this circuit, extending to the human a large body of preclinical work on neuropeptide regulation of complex behavior. A pronounced impact on this same circuit emerges from recent results from studying variation in MAO-A, a gene linked to risk for violence mediated by early abuse. We present data on the neural processing of social hierarchies showing that similar regulatory mechanisms (especially through ventromedial prefrontal cortex) apply for this phenotype. Taken together, these results begin to define neural mechanisms both for genetic influences on complex behavior and their mediation through gene-environment interactions, and may indicate new targets for treating psychiatric disorders where social dysfunction is prominent, such as social phobia, schizophrenia, and autism.
Using self to understand others: fMRI studies of mentalizing
Jason P. Mitchell, Harvard University, Cambridge, MA
Human social interaction requires the recognition that other people are governed by the same type of mental states – beliefs, desires, intentions – that guide one's own behavior. One useful strategy for inferring others' mental states (i.e., mentalizing) may be to use knowledge of one's own thoughts, feelings, and desires as a proxy for those of other people. These self-referential accounts of social cognition are supported by recent research suggesting that a single brain region – ventromedial prefrontal cortex (vmPFC) – is engaged both by tasks that require self-reference and those that require inferences about the minds of others. In this talk, I will review our group's recent work suggesting the boundary conditions of such self-referential mentalizing, such as the selective deployment of such processes for those that are presumed to be similar to self. Conversely, I will review additional work suggesting that one can increase the use of vmPFC-mediated mentalizing processes by engaging in explicit perspective-taking manipulations. Together, these results suggest that for particular mentalizing contexts, the vmPFC subserves both introspecting about one's own mind and considering the mind of others.
Theory or simulation: Is there a third option?
Dan Zahavi, University of Copenhagen
In recent years, much of the discussion of the nature of social cognition has taken place within the framework of the so-called theory of mind debate. Although it was originally assumed that it was the possession and use of a theory that provided the individual with the capacity to attribute mental states, the contemporary debate is split on the issue, and is generally considered to be a dispute between two views. On one side, we find the theory-theory of mind and on the other the simulation theory of mind. The theory-theory of mind and the simulation theory of mind are frequently depicted as quite opposed accounts of the basic nature of social cognition. However, both accounts share certain presuppositions that underlie and shape the very debate. Indeed, despite their many differences, the theory-theory of mind and the simulation theory of mind both share the view that the minds of others are hidden, and they consider one of the main challenges facing a theory of social cognition to be the question of how and why we start ascribing such hidden mental entities or processes to certain publicly observable bodies. Both accounts deny that it is possible to experience other minded creatures. It is precisely because of the absence of an experiential access to the minds of others that we need to rely on and employ either theoretical inferences or internal simulations. In my talk, I will argue that the forced choice between theory-theory and simulation-theory is a false choice, and defend what I consider to be an interesting and significant – though overlooked – alternative; one that to a larger extent emphasizes the embodied and embedded nature of the mind.
Social Behavior in Cross-Cultural and Cross-Species Perspective
Cross-cultural differences norm enforcement
Simon Gächter, University of Nottingham
There is substantial evidence that altruistic punishment of defectors is a powerful mechanism for sustaining social cooperation. In this talk I will present evidence that punishment might not only be directed at defectors, but also at cooperators. One important reason for this 'anti-social punishment' is that punished defectors might retaliate by punishing cooperators (who typically punish the defectors). We document the widespread existence of anti-social punishment in public goods experiments which we conducted in sixteen comparable subject pools around the world. We found a very large cross-societal variation in anti-social punishment. In some subject pools anti-social punishment is as severe as altruistic punishment of defectors. In some subject pools, in particular those were previous research on altruistic punishment has been conducted, anti-social punishment is negligible (and has therefore largely been ignored in previous research). As a consequence of (anti-social) punishment, cooperation is stabilized at vastly different levels. In some subject pools anti-social punishment strongly undermines the cooperation-enhancing effect of punishment opportunities as observed in previous research. Our findings provide novel support for culture-gene co-evolutionary theories, which predict that multiple equilibria can arise even in identical environments. To our knowledge, our study reports the largest cross-cultural variation observed in experimental cooperation games with punishment. Moreover, we are also able to show for the first time that punishment behavior is related to societal-level social norms of cooperation. In particular, we show that weak norms of civic cooperation and the weakness of the Rule of Law in a society are significant predictors of anti-social punishment. We conclude that private punishment opportunities are socially beneficial only if they are complemented by strong social norms of cooperation which constrain anti-social punishment.
The coevolution of human sociality and the prosocial institutions: Behavioral experiments and ethnography from 15 small-scale societies
Joseph Henrich, University of British Columbia, Vancouver, BC
Speculation on the nature of human sociality has a long history among social theorists. Only recently, however, have social scientists begun to systematically deploy experimental tools to chart the depth and topography of human social behavior and psychology. Because of the predictive clarity of Economics' formalized theory, the impact of this still rising tide of empirical findings has been felt most acutely there, where foundational assumptions once taken as axiomatic are being rapidly reconsidered and revised. Unfortunately, the robust empirical findings upon which these new theories are built come almost exclusively from university student populations in the U.S. and Europe – with occasional "cross-cultural" forays to universities in Asia – and are devoid of detailed individual-level data about peoples' lives outside the laboratory. To address both of these empirical deficiencies, my co-researchers and I have combined ethnographic and behavioral experimental techniques in two synchronized studies of 15 small-scale societies (23 different societies across the two projects) that includes hunter-gatherers, pastoralists, swidden horticulturalists and small-scale sedentary farmers from Africa, South America, Oceania, New Guinea and Northern Asia. Using Dictator, Ultimatum, and Third Party Punishment Games (as well as some Public Goods and Trust Games), we find four important patterns in human preferences. First, experimental measures across all societies reveal consistent prosocial deviations from the predictions based on pure self interest. Second, while all societies studied violate the predictions of the canonical model, different societies violate them to substantially differing degrees, and sometimes in qualitatively different ways. Third, despite the group-level variation, we find consistent evidence across our sample that the threat of punishment crowds out intrinsic prosocial motivations. Finally, both our measures of fairness and punishment are predicted independently by measures of market integration, population size, and association with a world religion (vs. a traditional-local religion). Taken together, these findings greatly weaken the species-level generality of most theoretical reformulations in Economics and elsewhere, and favor a new approach to human sociality that endogenizes the cultural coevolution of human social motivations and institutions.
How do emotions relate to morality? A review of competing models
Jesse J. Prinz, University of North Carolina at Chapel Hill, Chapel Hill, NC
There is a growing body of evidence that emotions occur when people make moral judgments. This fact alone, however, is consistent with a variety of processing models. Emotions might be the effects of moral judgment, or the causes of moral judgments, or components. Emotions might be involved in all moral judgments, or just some (a dual process theory). I argue that emotions are components of moral judgments and against dual processing theory. I also consider competing "philosophical models," i.e., metaethical theories of the role that emotions play in morality. I present empirical evidence of a "response-dependent" view as opposed to an "error theory" or "emotivism."
Cooperation and helping in children and chimpanzees
Michael Tomasello, Max Planck Institute for Evolutionary Anthropology, Leipzig
Recent studies in our laboratory have focused on the behavior of great apes and human children in situations involving: (1) helping, (2) cooperation, and (3) punishment and norms. Apes engage in some helping, when food is not involved; children help much more widely and are internally motivated to do so. Apes can cooperate when sharing the spoils at the end has been made less contentious and when they are already more tolerant of one another; children cooperate in more complex ways either for its own sake or with a view to sharing the spoils at the end. Apes retaliate against those who have harmed them, but they do not enforce norms from a third-party perspective; children enforce norms from a third-party perspective not only for moral behaviors but also for simple conventions ("This is the way it's done"). A tentative evolutionary account based on these findings will be proposed.
Poster Sessions
Young researchers (doctoral or postdoctoral students with less than five years' postgraduate experience) from relevant fields were invited to apply for an invitation to attend the symposium and present their research in a poster session. The Organizing Committee reviewed their applications and has sent invitations to selected applicants. (Please understand that, as the submission deadline has passed, it is no longer possible to apply for an invitation.)
Travel Awards
Ten of the young researchers invited to participate in the symposium will receive a Travel Award of 500 Swiss francs.
Organizing Committee
- Ingolf U. Dalferth
- Ernst Fehr
- Urs Fischbacher
- Markus Heinrichs
- Michael Kosfeld
- Tania Singer
Please address questions concerning the symposium to Tamara Herz (email@example.com).


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1 dead, 1 injured in Chula Vista shooting
CHULA VISTA, Calif. - One man has died and another suffered moderate injuries after the group they were standing with was fired at by a single suspect in Chula Vista, police said Saturday.
The group of four or five men were standing in the parking lot of an industrial complex the near the intersection of Industrial Boulevard and Anita Street at 10:30 p.m. Friday, Chula Vista Police Lt. Kenny Heinz said.
They were approached by the suspect, Heinz said. Words were exchanged and witnesses said they heard seven to nine shots, with two of the men hit. The victims were not identified.
The suspect was wearing a dark hooded sweatshirt and dark jeans and was last seen running west on Anita Street towards Interstate 5.
The motive for the shooting was not known, Heinz said.
"There's nothing to tell us if it's gang-related or not," Heinz said.
Anyone with information regarding the shooting is urged to call the Chula Vista Police Department at (619) 691-5151.


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Lupita Nyong'o has been named People magazine's "most beautiful person in the world" for 2014. People revealed their choice of Nyong'o on the Today television program, according to a New York Daily News report on Wednesday morning. Nyong'o is a recent Academy Award winner for her acting abilities.
Lupita Nyong'o is a 31-year-old Mexican born Kenyan who is best known for her performance in the Oscar-winning motion picture "12 Years a Slave." After being discovered on the big screen, praise followed her for her beauty as well as her poise. Via her travels in promoting the motion picture and attending award ceremonies, she ended up on being featured on the cover of many magazine covers and being named on many best-dressed lists.
Besides being an accomplished, award-winning actress, Nyong'o is a film and music video director. She has a bachelor's degree in film and theater studies from Hampshire College. She completed her master's degree in acting from Yale School of Drama.
Her resume includes having worked as a production assistant on several Hollywood motion pictures. Prior to "12 Years a Slave," she made her acting debut six years ago with "East River," which was a short film. Then, she starred in the Kenyan television series "Shuga" in 2009. In the same year, she wrote, produced and directed "In My Genes," which was a documentary.
"12 Years a Slave," which was released in 2013, was Nyong'o's first feature film. The movie is a historical drama which earned her many awards and nominations. Most significant of the multiple honors she has received for that performance, she won the Academy Award for Best Supporting Actress, according to Time.
As People's most beautiful person in the world in 2014, Lupita Nyong'o joins a list of other beautiful women. Past winners include Michelle Pfeiffer, who was honored in the first installment of the People magazine title 25 years ago. Last year, Gweyneth Paltrow was named the most beautiful person.


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At Personal Defense Options, it is our goal to help eliminate crimes against you and your family where ever you may be and in what ever activity you may be participating. You should be safe and enjoy your quality of life without the fear of being violated. We can provide you with the needed gear such as the latest in non-lethal self defense chemical spray, 50,000+ volt tasers, and a great selection of hand guns. However, you must know that without the proper knowledge, training and practice, even the best defensive weapons will be of limited assistance in the time of need.
Please review the training and products we offer. The training is geared to:
We will assist anyone who may be viewed as a "soft target" by a ruthles criminal. Personal Defense Options will work with men and women of all ages and customize the class to suit the individual needs of the student.
Thank you and God bless you,
Garell Foshee
Personal Defense Options LLC


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For three decades, from 1943 to 1973, Paul Ackerman served as music editor of Billboard magazine. His tenure in this post coincided with ...
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talking about how the Phins gave #54 to newcomer AJ Eddy and that it
didn't seem right. A caller said he wanted to "punch the Dolphins in
the face for their disrespect"....Sedano thought about it and then
suggested that he would be really offended if they gave #99 to someone
- ever.
Then, he went on a rant about how there could be some very funny
things you might see. Such as:
* Tony Sparano wearing Joe Robbie's glasses
* The Tuna wearing Dolfan Denny's hat
What do you guys think? What else might be funny?


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I have the following configuration: simple video surveillance system (server 1: recording past 24h; server 2: recording past 30 days). I am primarily using the content on the 24h storage, while I recompress and archive the following 30 days on the other server.
My idea is to use RAID 1+0 for server 1 (for better performance & reliability) and RAID5 for server 2 (for lower cost). Is this a good plan or there are better alternatives to this architecture? Thanks.