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The March of Dimes is a national voluntary health agency whose mission is to improve the health of babies by preventing birth defects, premature birth and infant mortality, a news release says.
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Even the moon looks hot tonight. Cat update.Posted Thursday, July 22, 2010, at 10:08 PM
The kittens are moving about now and starting to play. Soon I will be putting up pictures.
Big Boy, Sally and Holly seem to be adjusting well to life in the garage but we will be letting them out before long. We want the kittens to be a little more mobile.
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Steve Mills and his wife have one daughter and live on a farm outside of Bell Buckle. They previously owned two coffee/ice cream shops, currently operate an internet sales company and teach classes, but his primary job involves the paper industry worldwide. Hobbies and interests lie in gardening, photography, recorded music and of course, their pets.
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Abstract: On July 2, 2010, the U.S. Court of Appeals for the Seventh Circuit in River of Life Kingdom Ministries v. Village of Hazel Crest held that the "equal terms" provision of the Religious Land Use and Institutionalized Persons Act requires a comparison of religious and secular land uses with respect to an accepted zoning criteria. In so doing, the Seventh Circuit confronted a circuit split in the application of the equal terms provision and carved out a compromise between competing concerns about control over land-use regulations. This Comment discusses the difficulty of equal treatment within the context of exclusionary zoning and argues that River of Life puts control over zoning regulations into the courts and out of the hands of religious institutions.
In 2010, President Obama sparked controversy when he asserted the right of Muslims to equal treatment under the law in his comments on the Ground Zero mosque.1 This controversy illustrates how equality in the context of religious freedom is a polarizing concept in the realm of public opinion.2 The U.S. Courts of Appeal have been forced to confront this controversy head-on when applying the "equal terms" provision of the Religious Land Use and Institutionalized Persons Act (RLUIPA).3 The equal terms provision prohibits the government from imposing land-use regulations that treat religious institutions "on less than equal terms" than nonreligious institutions.4 During RLUIPA's ten-year history, courts have adopted different tests to the equal terms provision.5 In 2010, in River of Life Kingdom Ministries v. Village of Hazel Crest, the U.S. Court of Appeals for the Seventh Circuit decided that the appropriate solution to this problem was to carve out a compromise between religious institutions, municipalities, the federal government, and the courts for control over land-use regulations.6 As a result, the Seventh Circuit affirmed the denial of Village of Hazel Crest's motion for a preliminary injunction against enforcement of the zoning regulation.7
Part I of this Comment outlines the background and holding of River of Life.8 Part II then traces the relationship between different constructions of the equal terms provision and the modes of control over land-use regulation.9 Part II then explores the Seventh Circuit's efforts to strike a compromise with its "accepted zoning criteria" test.10 Finally, Part III argues that River of Life demonstrates how equal treatment within the context of exclusionary zoning is in fact impossible.11 In effect, River of Life puts control over zoning regulations into the courts and out of the hands of religious institutions.12
I. Divergent Applications of RLUIPA's Equal Terms Provision and the Seventh Circuit's Search for a Compromise
The River of Life Kingdom Ministries is a small church that occupies a warehouse in Chicago Heights, Illinois.13 In 2007, the church wanted to relocate to a building in the nearby Village of Hazel Crest.14 That building, however, was in an area designated by the town's zoning ordinance as a commercial district.15 The zoning ordinance had been amended to exclude new non-commercial uses so the district around the train station could be revitalized as a commercial center.16 The ordinance therefore excluded churches and other non-commercial institutions like community centers, schools, and art galleries.17
On February 15, 2008, the River of Life Kingdom Ministries sued the Village of Hazel Crest under RLUIPA's equal terms provision and moved for a preliminary injunction against the enforcement of the zoning ordinance.18 The district judge denied the motion, and a panel of the Seventh Circuit Court of Appeals affirmed that the church was unlikely to prevail when the case was fully litigated.19 The Seventh Circuit then granted a rehearing en banc due to a disagreement among the circuits as to the proper test for applying the equal terms provision.20 It ultimately created its own "accepted zoning criteria" test that compromised between religious institutions, municipalities, the federal government, and the courts for control over land-use regulations.21
A. RLUIPA and the Circuit Split
RLUIPA is the latest chapter in a long struggle between the courts, the federal government, and municipalities over religious liberty.22 In River of Life, the Seventh Circuit had to determine the proper standard for applying RLUIPA's equal terms provision to the church's petition.23 The equal terms provision states that "no government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution."24 The circuit courts have struggled to apply the equal terms provision and have disagreed on two points: (1) how to compare religious institutions to secular ones, and (2) the level of scrutiny to apply for instances of unequal treatment.25
Judge Richard Posner, writing for the majority in River of Life, examined the different approaches the Third and Eleventh Circuits have taken to the equal terms provision.26 In 2007, the Third Circuit decided in Lighthouse Institute for Evangelism, Inc. v. City of Long Branch that "a regulation will violate the Equal Terms provision only if it treats religious assemblies or institutions less well than secular assemblies or institutions that are similarly situated as to the regulatory purpose."27 The Seventh Circuit understood this approach to require a court considering whether the equal terms provision has been violated to first identify the regulatory purpose of the ordinance at issue and then to compare the religious assembly to secular assemblies in light of the regulatory purpose.28 A zoning ordinance violates the equal terms provision if the secular assembly and religious assembly do not differ in any way "material to the regulatory purpose" but the ordinance nevertheless treats the religious institution worse than the secular institution.29 The Third Circuit decided that a regulation that disfavors a religious institution in such a way should be subject to a strict liability analysis rather than a strict scrutiny analysis.30
Unlike the Third Circuit, the Eleventh Circuit simply compares the religious assembly to a similarly situated secular assembly, defined as a group gathered for a common purpose.31 A regulation that would permit a secular assembly to locate in a district must permit a similarly situated church to do so as well.32 For example, in 2004, in Midrash Sephardi, Inc. v. Surfside, the Eleventh Circuit held that private clubs are assemblies that are similarly situated to churches and synagogues.33 Also unlike the Third Circuit, the Eleventh Circuit decided that any unequal treatment of religious institutions will be subject to a strict scrutiny analysis rather than a strict liability analysis.34
B. The "Accepted Zoning Criteria" Test
Although the Seventh Circuit in River of Life acknowledged that the different tests used by the Eleventh and Third Circuits may yield similar or identical results, it declined to follow either approach.35 First, it decided that the Eleventh Circuit's broad understanding of the term "assembly" would allow for comparisons of incommensurable uses of land.36 It reasoned that equality "signifies not equivalence or identity but proper relation to relevant concerns."37 Second, it decided that the Eleventh Circuit's test "may be too friendly to religious land uses" and thus may violate the Establishment Clause.38 Third, it expressed concern that the Third Circuit's application of the equal terms provision would allow self-serving zoning officials to disguise systematic discrimination of religious institutions under the veil of a "regulatory purpose."39
Given these perceived shortcomings, the Seventh Circuit forged its own course and held that the proper application of RLUIPA's equal terms provision is the "accepted zoning criteria" test: "If a church and a community center, though different in many respects, do not differ with respect to any accepted zoning criterion, then an ordinance that allows one and forbids the other denies equality and violates the equal terms provision."40 The Seventh Circuit decided not to apply strict scrutiny to a discriminatory ordinance because it perceived such analysis to lack textual basis to only have been used by the Eleventh's Circuit "to solve a problem of the court's own creation"-that is, the over-protection of religious institutions.41
In sum, the Seventh Circuit's followed the Third Circuit's narrow reading of "assembly" but modified the test by shifting the focus from regulatory purpose to regulatory criteria.42 Thus, the outcome would not depend on subjective, and potentially self-serving, testimony by local officials.43 Rather, by focusing on regulatory criteria, the test shifted the interpretive standard from a subjective one-looking into the intent behind a zoning ordinance-to an objective one, to be determined by federal judges who apply the accepted criteria.44
The concurrence and dissent in River of Life raised a number of criticisms to the majority approach.45 Judge Ann Claire Williams concurred in the judgment but argued that the "regulatory purpose" approach is still the best approach for three reasons: (1) it is simpler than having judges decipher the accepted zoning criteria; (2) judges will look to regulatory purposes for guidance anyways; and (3) zoning officials could still couch discriminatory zoning policies in terms of accepted criteria.46 Judge Diane S. Sykes dissented, arguing that the use of an accepted criterion such as "tax-enhancement" would always allow zoning officials to exclude religious land uses from commercial, industrial, and business districts.47 Furthermore, traffic control and other criteria would force religious institutions out of residential areas, leaving religious institutions with nowhere to go.48 For example, the increase in traffic generated by a church can be the basis for its exclusion from a residential area.49
Nevertheless, the majority denied River of Life Kingdom Ministries' motion for an injunction against the zoning ordinance because it decided that the church was would be unable to prove the ordinance violated the equal terms provision of the RLUIPA.50 The court held that generating municipal tax revenue is a concern of land-use regulation.51 Therefore, the creation of a commercial district is an accepted zoning criterion, and the ordinance treated religious and secular uses the same.52
II. Balancing Competing Concerns over Land-Use Regulations
A. The Equal Terms Provision and Control over Land-Use Regulations
The varying constructions of the equal terms provision53 reveal different schemes of control over land-use regulations.54 On the one hand, the Third Circuit's regulatory purpose test limits the power of religious institutions to challenge local zoning ordinances.55 The Third Circuit's view is that the Eleventh Circuit's application of the equal terms provision gives too much power to religious institutions, which contradicts Congress's intent to deny religious institutions blanket immunity from land-use regulations.56 The Seventh Circuit in River of Life echoes the concern that the Eleventh Circuit's test may disproportionately favor religious institutions.57 Thus, the Third and Seventh Circuits proposed tests that curb the power of religious institutions.58
On the other hand, the Eleventh Circuit looked to the intent of Congress to achieve a different result-to provide religious institutions with the power to challenge zoning regulations.59 In 2004, the Eleventh Circuit in Midrash Shepardi, Inc. v. Surfside concluded that RLUIPA does not define "assembly" or "institution," and the court therefore opted to define these terms in accordance with their dictionary definitions.60 The court further looked to the intent of the legislators who expressed the need to protect churches and other religious institutions from unfair zoning ordinances.61 In this way, the Eleventh Circuit followed an originalist construction of the equal terms provision to empower religious institutions against discriminatory zoning practices.62
B. Imaginative Reconstruction: The Balancing Act
The Seventh Circuit's "accepted zoning criteria" test articulated in River of Life responded to concerns over the balance of power between the courts, municipalities, and religious institutions raised by both the Third and Eleventh Circuits' tests.63 On the one hand, the Seventh Circuit's test answered the concern that RLUIPA unduly limits municipal regulation and favors religious institutions.64 On the other hand, the test also aimed to limit the role of "self-serving testimony by zoning officials and hired expert witnesses."65 Thus, the test also advances the aims of RLUIPA by protecting religious institutions from unfair zoning ordinances.66
This imaginative reconstruction of the equal terms provision reflects a balancing act in deciding who controls land-use regulations.67 Judge Posner's reluctance to adhere strictly to RLUIPA's terms may reflect a more balanced application of congressional intent than an originalist or strict construction of the statute.68 Indeed, Senators Hatch and Kennedy noted in a joint statement that RLUIPA "does not provide religious institutions with immunity from land use regulation."69 Furthermore, the "accepted zoning criteria" would allow judges to act in the place of Congress when striking a compromise with municipalities in the application of RLUIPA to specific cases.70
Despite this attempt at compromise and balance, the "accepted zoning criteria" test also raises the difficulty of equal application of the law in the context of exclusionary zoning.71 Judge Posner's majority opinion outlined the merits of exclusionary zoning to set the stage for applying the equal terms provision in light of Hazel Crest's commercial objectives.72 He went on to explain that the village was merely excluding noncommercial land uses from an area suitable for commercial uses.73 Thus, Judge Posner assumed the legitimacy of setting aside land for commercial use to the exclusion of other uses.74
Judge Sykes, in her dissent, questioned the legitimacy of exclusionary zoning as understood in the application of RLUIPA.75 She noted that the equal terms provision reflects a congressional judgment that local land-use regulations that treat religious institutions worse than other institutions are inherently not neutral.76 Thus, in her view, the majority's emphasis on exclusionary zoning is inconsistent with RLUIPA's equal terms provision.77
III. Equality and Exclusionary Zoning
Despite the Seventh Circuit's best efforts in River of Life to balance the various approaches to the equal terms provision, a system of exclusionary zoning is incompatible with the goal of equal treatment under a zoning ordinance.78 The Third and Eleventh Circuits were both correct to identify the unequal amount of control exerted by either religious institutions or municipalities under each test-no matter which interpretation is used, either religious institutions or municipalities would end up with more power over land-use regulations.79
The Seventh Circuit's new "accepted zoning criteria" test shifts control over land-use regulations out of the hands of religious institutions and into those of the courts and municipalities.80 That test gives courts more control over land-use regulation by integrating the practice of "imaginative reconstruction" in the application of the equal terms provision.81
As a result, the new test may decrease the number of cases brought under RLUIPA.82 Furthermore, the "accepted zoning criteria" test does not solve the problem of local officials couching their discriminatory zoning ordinances in general terms.83 In fact, as Judge Sykes notedin her dissent, municipalities are now free to discriminate against religious institutions in commercial areas because religious institutions do not advance commercial interests.84 In addition, the burden of identifying an accepted zoning criterion, which could be a mask for discriminatory zoning regulations, would discourage religious institutions from bringing the suit in the first place.85
Finally, River of Life implicitly tips the balance in favor of local municipalities in the Seventh Circuit by acknowledging their right to prioritize certain parcels of land for commercial use.86 Judge Posner wrote that "commerce and industry must be recognized for what they are: necessary and desirable elements of the community."87 Despite Judge Posner's attempt to carve out a compromise, the "accepted zoning criteria" test may deter religious institutions from suing under RLUIPA's equal terms provision.88
Although one need not fault the court for favoring municipal governments, the decision in River of Life raises the question whether there is a normative difference between religious and secular land uses.89 It also raises the difficulty of applying RLUIPA's equal terms provision within the context of exclusionary zoning.90
The decision in River of Life reflects the challenge of applying the concept of land-use equality in the context of exclusionary zoning. This difficulty is a cue to scholars and jurists to reconsider the practical application of RLUIPA within the context of exclusionary zoning. For the time being, the application of RLUIPA's equal terms provision exposes the incompatibility of equal treatment of the law with exclusionary zoning practices.
Tokufumi J. Noda
Preferred citation: Tokufumi J. Noda, Comment, Incommensurable Uses: RLUIPA's Equal Terms Provision and Exclusionary Zoning in River of Life Kingdom Ministries v. Village of Hazel Crest, 52 B.C. L. Rev. E. Supp. 71 (2011), /bclr/esupp_2011/06_noda.pdf.
1 Sheryl Gay Stolberg, Obama Backs Islam Center Near 9/11 Site, N.Y. Times, Aug. 14, 2010, at A1.
2 See id.
3 42 U.S.C. § 2000cc(b)(1) (2006); see infra notes 22-34 and accompanying text.
4 42 U.S.C. § 2000cc(b)(1).
U.S. Dep't of Justice, Report on the Tenth Anniversary of the
Religious Land Use and Institutionalized Persons Act 13 (2010),
available at http://www.justice.gov/
6 See 611 F.3d 367, 368-71 (7th Cir. 2010).
7 Id. at 374.
8 See infra notes 13-52 and accompanying text.
9 See infra notes 53-62 and accompanying text.
10 See infra notes 63-77 and accompanying text.
11 See infra notes 78-90 and accompanying text. This Comment uses the term "exclusionary zoning" to refer to the practice of zoning areas for certain uses to the exclusion of others. See River of Life, 611 F.3d at 372 (quoting People ex rel. Skokie Town House Builders, Inc. v. Morton Grove, 157 N.E.2d 33, 36 (1959)).
12 See infra notes 86-90 and accompanying text.
13 River of Life Kingdom Ministries v. Village of Hazel Crest, 611 F.3d 367, 368 (7th Cir. 2010).
14 Id.
15 Id.
16 Id.
17 Id.
18 River of Life Kingdom Ministries v. Village of Hazel Crest, No. 08C0950, 2008 WL 4865568, at *1 (N.D. Ill. July 14, 2008), aff'd in part, 585 F.3d 364 (7th Cir. 2009), reh'g en banc granted, opinion vacated, and aff'd, 611 F.3d 367 (7th Cir. 2010).
19 River of Life, 611 F.3d at 368.
20 Id.
21 Id. at 368-71.
22 See 146 Cong. Rec. 16,702 (2000) (statement of Sen. Reid); Sarah Keeton Campbell, Note, Restoring RLUIPA's Equal Terms Provision, 58 Duke L.J. 1071, 1073-74 (2009); Anthony Lazzaro Minervini, Comment, Freedom From Religion: RLUIPA, Religious Freedom, and Representative Democracy on Trial, 158 U. Pa. L. Rev. 571, 572-602 (2010) (discussing RLUIPA's history and the application of the equal terms provision).
23 42 U.S.C. § 2000cc(b)(1) (2006); River of Life, 611 F.3d at 368.
24 42 U.S.C. § 2000cc(b)(1).
25 Campbell, supra note 22, at 1074, 1085-86. This Comment only briefly addresses the debate over the level of scrutiny; it instead focuses on the methods by which courts compare religious institutions to secular institutions. See infra notes 53-77 and accompanying text.
26 River of Life, 611 F.3d at 368-69.
27 510 F.3d 253, 266 (3d Cir. 2007). The Third Circuit also noted that "there is no need . . . for the religious institution to show that there exists a secular comparator that performs the same functions." Id.
28 611 F.3d at 368-69.
29 Id. at 369; Lighthouse Inst., 510 F.3d at 266.
30 See Lighthouse Inst., 510 F.3d at 269.
31 See, e.g., Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward County, 450 F.3d 1295, 1308-11 (11th Cir. 2006); Konikov v. Orange County, 410 F.3d 1317, 1324-25 (11th Cir. 2005); Midrash Sephardi, Inc. v. Town of Surfside, 366 F.3d 1214, 1230-31 (11th Cir. 2004).
32 See River of Life, 611 F.3d at 369; Midrash Sephardi, 366 F.3d at 1230-31.
33 366 F.3d at 1231.
34 River of Life, 611 F.3d at 369 (citing Midrash Sephardi, 366 F.3d at 1232).
35 See id. at 370-71.
36 Id.
37 Id. at 371.
38 Id. at 370 (citing Saints Constantine & Helen Greek Orthodox Church, Inc. v. City of New Berlin, 396 F.3d 895, 900 (7th Cir. 2005)).
39 Id. at 371.
40 River of Life, 611 F.3d at 371.
41 See id. at 370-71. The Seventh Circuit limited the holding to the application of RLUIPA's equal terms provision and raised three other protections against religious discrimination: (1) courts must apply strict scrutiny to a land-use regulation "that imposes a substantial burden on the religious exercise of a . . . religious assembly or institution"; (2) "no government shall impose or implement a land use regulation in a manner that discriminates against any assembly or institution on the basis of religion or religious denomination"; or (3) that "totally excludes religious assemblies from a jurisdiction." See id. at 374 (citing 42 U.S.C. § 2000cc(a)(1), (b)(2), (b)(3) (2006)).
42 See id. at 371.
43 Id.
44 Id. at 371.
45 See, e.g., id. at 376-77 (Williams, J., concurring); id. at 377-92 (Sykes, J., dissenting).
46 River of Life, 611 F.3d at 376-77 (Williams, J., concurring).
47 Id. at 386 (Sykes, J., dissenting). Scholars have likewise criticized the tax-enhancement rationale to a zoning ordinance because its practical effect is to allow for widespread opposition to the exercise of religion. See Douglas Laycock, State RFRAs and Land Use Regulation, 32 U.C. Davis L. Rev. 755, 762 (1999).
48 River of Life, 611 F.3d at 386 (Sykes, J., dissenting).
49 Laycock, supra note 47, at 774-75 (citations omitted).
50 Id. at 373 (majority opinion).
51 Id.
52 Id.
53 Compare Lighthouse Inst. for Evangelism, Inc. v. City of Long Branch, 510 F.3d 253, 268 (3d Cir. 2007) (reasoning that plaintiffs suing under the equal terms provision must identify the objectives of the regulation), with Midrash Sephardi, Inc. v. Town of Surfside, 366 F.3d 1214, 1230-31 (11th Cir. 2004) (reasoning that the terms "assembly" or "institution" should be construed according to their natural meanings for the purposes of finding a violation of the equal terms provision).
54 See Lighthouse Inst., 510 F.3d at 268; Midrash Sephardi, 366 F.3d at 1230, 1231 & n.14.
55 See Lighthouse Inst., 510 F.3d at 268.
56 See id. ("The Eleventh Circuit's reading of RLUIPA would lead to the conclusion that Congress intended to force local governments to give any and all religious entities a free pass to locate wherever any secular institution or assembly is allowed."); see also 146 Cong. Rec. 16,700 (2000).
57 611 F.3d 367, 370 (7th Cir. 2010). A related, more general, argument against RLUIPA is that local governments may be better able to balance the interests of secular and religious institutions in a given community. Richard C. Schragger, The Role of the Local in the Doctrine and the Discourse of Religious Liberty, 117 Harv. L. Rev. 1810, 1846 (2004). By having a federal regulation, however, religion may be seen as a class for favored treatment across local and state boundaries. Id.
58 See River of Life, 611 F.3d at 370-71; Lighthouse Institute, 510 F.3d at 268.
59 See Midrash Sephardi, 366 F.3d at 1231 n.14. Although Judge Posner criticized the use of a strict scrutiny analysis, the Eleventh Circuit's application of strict scrutiny may very well be a way to balance the interests of municipalities and religious institutions. See River of Life, 611 F.3d at 370-71; Midrash Sephardi, 366 F.3d at 1231-32.
60 Midrash Sephardi, 366 F.3d at 1230-31.
61 See id. at 1231 n.14 ("Zoning codes frequently exclude churches in places where they permit theaters, meeting halls, and other places where large groups of people assemble for secular purposes.") (quoting 146 Cong. Rec. 16,698 (2000)); Minervini, supra note 22, at 582-84 (discussing the history, congressional intent, and application of RLUIPA). Scholars have confirmed these concerns through surveys conducted in Illinois. See Laycock, supra note 47, at 761 n.16 (citations omitted).
62 See, e.g., Primera Iglesia Bautista Hispana of Boca Raton, Inc. v. Broward County, 450 F.3d 1295, 1308-11 (11th Cir. 2006); Konikov v. Orange County, 410 F.3d 1317, 1324-25 (11th Cir. 2005); Midrash Sephardi, 366 F.3d at 1230-31.
63 See 611 F.3d at 370-71.
64 See id.
65 Id. at 371.
66 See id.
67 See id; Richard A. Posner, Statutory Interpretation-In the Classroom and in the Courtroom, 50 U. Chi. L. Rev. 800, 817-21 (1983). According to the practice of "imaginative reconstruction," Judge Posner explains:
The judge should try to think his way as best he can into the minds of the enacting legislators and imagine how they would have wanted the statute applied to the case at bar. . . . To construe a statute strictly is to limit its scope and its life span. . . . The letter killeth but the spirit giveth life.
68 See River of Life, 611 F.3d at 371; 146 Cong. Rec. 16,700 (2000); Posner, supra note 67, at 817-21.
69 146 Cong. Rec. 16,700.
70 See River of Life, 611 F.3d at 371.
71 See infra notes 78-85 and accompanying text.
72 See River of Life, 611 F.3d at 371-73.
73 Id. at 373-74.
74 See id. at 371-74.
75 Id. at 388-89 (Sykes, J., dissenting).
76 Id.
77 Id.
78 See River of Life Kingdom Ministries v. Village of Hazel Crest, 611 F.3d 367, 388-89 (7th Cir. 2010) (Sykes, J., dissenting). There are also other reasons to question the legitimacy of exclusionary zoning. See Jerry Frug, The Geography of Community, 48 Stan. L. Rev. 1047, 1083-1108 (1996) (arguing that certain exclusionary zoning practices contribute to fragmented and isolated communities).
79 See Lighthouse Inst. for Evangelism, Inc. v. City of Long Branch, 510 F.3d 253, 268 (3d Cir. 2007); Midrash Sephardi, Inc. v. Town of Surfside, 366 F.3d 1214, 1231 n.14 (11th Cir. 2004).
80 See River of Life, 611 F.3d at 371.
81 See id.; Posner, supra note 67, at 817-21. Or, the new test does not meaningfully affect the power of local zoning officials to provide self-serving regulatory criteria as justifications for certain zoning ordinances. River of Life, 611 F.3d at 376-77 (Williams, J., concurring).
82 See Edward W. McClenathan, Swinging the Big Stick: How the Circuits Have Interpreted RLUIPA and What Practitioners Need to Know, 36 Real Est. L.J. 405, 425 (2008).
83 See River of Life, 611 F.3d at 386 (Sykes, J., dissenting).
84 See id.
85 See id.
86 See River of Life, 611 F.3d at 371-73 (majority opinion).
87 Id. at 372 (citing Harry B. Madsen, Noncumulative Zoning in Illinois, 37 Chi.-Kent L. Rev. 108, 113-14 (1960)).
88 See id. at 371-73. Nevertheless, Judge Posner seems to leave the door open for successful claims under the equal terms provision by stating that "should a municipality create what purports to be a pure commercial district and then allow other uses, a church would have an easy victory if the municipality kept it out." Id. at 374.
89 Adam J. MacLeod, A Non-Fatal Collision: Interpreting RLUIPA Where Religious Land Uses and Community Interests Meet, 42 Urb. Law. 41, 73-76 (2010). This comparison itself, however, runs into the same problem of comparing incommensurable social goods. Id. at 75-76. For example, because religion and health benefit society in different ways, perhaps both are equally important. Id.
90 See supra notes 78-85 and accompanying text.


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He was one bad dude, strutting across the stage like a harp-toting gangster, mesmerizing the crowd with his tough-guy antics and rib-sticking Chicago blues attack. Amazingly,
Junior Wells
kept at precisely this sort of thing for over 40 years; he was an active performer from the dawn of the '50s until his death in the late '90s. Born in Memphis,
learned his earliest harp licks from another future legend,
Little Junior Parker
, before he came to Chicago at age 12. In 1950, the teenager passed an impromptu audition for guitarists
David Myers
at a house party on the South Side, and
the Deuces
were born. When drummer
Fred Below
came aboard, they changed their name to
the Aces
Little Walter
Muddy Waters
in 1952 (in the wake of his hit instrumental "Juke"), and
jumped ship to take his place with
. That didn't stop
the Aces
(who joined forces with
Little Walter
) from backing
on his initial sessions for States Records, though -- his debut date produced some seminal Chicago blues efforts, including his first reading of "Hoodoo Man," a rollicking "Cut That Out," and the blazing instrumentals "Eagle Rock" and "Junior's Wail." More fireworks ensued the next year when he encored for States with a mournful "So All Alone" and the jumping "Lawdy! Lawdy!" (
Muddy Waters
moonlighted on guitar for the session).
was already exhibiting his tempestuous side -- he was allegedly AWOL from the Army at the time.
In 1957,
hooked up with producer
Mel London
, who owned the Chief and Profile logos. The association resulted in many of
' most enduring sides, including "I Could Cry" and the rock & rolling "Lovey Dovey Lovely One" in 1957, the grinding national R&B hit "Little by Little" (with
Willie Dixon
providing vocal harmony) in 1959, and the R&B-laced classic "Messin' with the Kid" in 1960 (sporting
Earl Hooker
's immaculate guitar work).
' harp was de-emphasized during this period on record in favor of his animated vocals. With
Bob Koester
producing, the harpist cut an all-time classic LP for Delmark in 1965.
Hoodoo Man Blues
vividly captured the feel of a typical
set at Theresa's Lounge, even though it was cut in a studio. With
Buddy Guy
(initially billed as "Friendly Chap" due to his contract with Chess) providing concise lead guitar,
laid down definitive versions of "Snatch It Back and Hold It," "You Don't Love Me," and "Chitlin' con Carne."
The harpist made his second appearance on the national R&B lists in 1968 with a funky
James Brown
-tinged piece, "You're Tuff Enough," for Mercury's feisty Blue Rock logo.
had been working in this bag for some time, alarming the purists but delighting R&B fans; his brass-powered 1966 single for Bright Star, "Up in Heah," had previously made a lot of local noise. After a fine mid-'70s set for Delmark (
On Tap
), little was heard from
on vinyl for an extended spell, though he continued to enjoy massive appeal at home (Theresa's was his principal haunt for many a moon) and abroad (whether on his own or in partnership with
; they opened for
the Rolling Stones
on one memorable tour and cut an inconsistent but interesting album for Atco in the early '70s).
Toward the end of his career,
just didn't seem to be into recording anymore; a pair of sets for Telarc in the early '90s were major disappointments, but his last studio session, 1997's
Come on in This House
, found him on the rebound and the critics noticed: the album won the
W.C. Handy
Blues Award for Traditional Blues Album in 1997. Even when he came up short in the studio,
remained a potent live attraction, cutting a familiar swaggering figure, commanding the attention of everyone in the room with one menacing yelp or a punctuating blast from his amplified harmonica. He continued performing until he was diagnosed with lymphatic cancer in the summer of 1997. That fall, he suffered a heart attack while undergoing treatment, sending him into a coma.
stayed in the coma until he passed away on January 15, 1998. A handful of compilations were released shortly after his death, as was the film Blues Brothers 2000, which featured a cameo by
Bill Dahl, Rovi
► View More
▲ View Less
More Junior Wells
Cut That Out
The Blues is Alright! Live
Cut That Out [LP]
Paint the Town Blues
Messin' with the Kid: Original Masters
Profile Records Story [Floating World]
Live in Boston 1966
Blues Six Pack
Great Blues Masters, Vol. 10
Vanguard Visionaries
An Introduction to Junior Wells
Live at Theresa's 1975
Messin' with the Kid: The Chief/Profile/U.S.A. Sessions 1957-1963
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text:
The Old Bag: Advice for the Over-50 Crowd
Sep 16, 2013, 6 a.m.
Dear Old Bag: Is it judgmental to call someone who habitually lies "a liar"?
Is it judgmental to call someone who steals "a thief"? Is it judgmental to call someone "a pornographer" who sexually exploits women and children? Is it judgmental to call someone "a murderer" who takes the life of an innocent person? Is it judgmental to call someone "a fornicator" who participates in a sexual relationship outside the bounds of a heterosexual marriage? You made reference to the account in the gospel of John, Chapter Eight, of the woman brought to Jesus who had committed adultery. After Jesus told her He did not condemn her, He also told her to go and sin no more. A true friend will speak the truth to you in love. Signed, RLS
Dear RLS: You bring up good points. As I have admitted before, I am not a Bible scholar. I also strive to live a clean life. I do believe in the 10 Commandments. In my many years I have also seen situations which I will call the gray areas of life, such as the two letters written to me regarding the relationships that formed between two visitors of Alzheimer's patients in a nursing home. In the gray areas, I am glad that I do not have to judge them or throw stones at them. I pray for them. Please see letter below. Signed, O.B.
Dear Old Bag: My wife has been an Alzheimer's resident of a nursing home for five years. She is only 60 years old. I was shocked one day when I went to visit her, to see her holding hands with another gentleman, who also appears also to have Alzheimer's. She seemed so happy. She was looking at him lovingly, and he to her. They both were friendly to me. It took me a bit to think about this. Was she sinning? I don't think so. She is very ill and does not even know her name or mine. My thinking became, "If this little bit of happiness comes her way and can make her smile and be happy again, I am all for it." I do not mind playing second fiddle! God bless them! Signed, Second Fiddle
Dear Second Fiddle: You sound like a wonderful fellow with much love in your heart. Your wife is living in her world now, and you are letting her catch a little sunshine. I am with you. Signed, O.B.
Dear Old Bag: I guess you could call my dear husband a home body. He is perfectly happy to stay at home. He does not want to take vacations or to visit relatives or travel. He is a very nice guy and easy to love. We are newly retired and I always thought retirement would be a great thing because we would be footloose and fancy free. He thought retirement would be wonderful so he could stay at home, after having to go to work all those years. What do I do now? Signed, Getting Antsy
Dear Antsy: Interesting. It reminds me of a problem one of my close friends had when we were younger. Her husband had landed a big job, and they were going to be well off. She immediately began planning how she would spend the money, and he began to plan how much they would be able to invest and save! Sometimes, we come to a juncture in life where we realize that as a couple we have opposite notions. It requires lots of understanding and compromise. I also think that your husband may change his mind about staying at home all the time after about a year. I remember how much I enjoyed being at home after years and years in the workplace. I think if you get out and do some things you want to do and are patient with him, he will come around. Good luck. Signed, O.B.
If you have a question for The Old Bag, please send it to: Ask the Old Bag c/o Lovin' Life After 50, 3200 N. Hayden Road, Suite 210, Scottsdale, AZ 85251 or firstname.lastname@example.com.
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Veseys Mosaic Mix Tomato
Veseys Home » Store » Vegetable Seed » Veseys Exclusive Vegetable Blends » Veseys Mosaic Mix TomatoExclusive
Rainbow blend of our favourite cherry and grape tomatoes. All the varieties in the mix pack an incredible amount of flavour into tiny packages. With the range of colours, they are as beautiful as they are tasty. Contains all indeterminate types that produce over a long period. Approx. 20 seeds/pkg.
- Tomato Tip
- Seedlings benefit from waterings with Epsom salts, use 1 Tbsp of Epsom salts per gallon. Provide even moisture during fruit set and development. Excessive watering can increase fruit size but decrease flavour.


text:
Burlington residents worry about possible water contamination
Bacteria detected in wells, DNR says
One resident wants to protect his neighbors in the Town of Burlington from possible water contamination.
The Snorek family's subdivision is within the township, and family members believe that close to 40 families living there got a letter from the state Department of Natural Resources about a possible health risk.
"(There was) bacteria detected indicating there was grazing-animal waste contamination in the wells," said Matt Snorek.
The DNR directed Snorek to a field less than a mile from his home, where he said a cattle farm was allowed to dump manure.
Snorek said he's concerned about his family, and being an outdoorsman, he's worried about bigger implications to the nearby wildlife.
"If you have water wash up on the road and you've got contaminants running off the snow and you've got water up to the shoulder, it's very conceivable that it finds its way into the Fox River," said Snorek.
Residents are using bottled water, and Snorek said DNR paperwork points to the need for new wells because of the contamination.
Copyright 2013 by WISN.com All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Contact Us
We'd love to hear from you. Please feel free to contact us at The Bell Tower Hotel concerning bookings and reservations, accommodations, wedding and events planning, or general comments.
Bell Tower Hotel
300 South Thayer
Ann Arbor, MI 48104
Toll Free: 800.562.3559
Phone: 734.769.3010
Fax: 734.769.4339
Email: firstname.lastname@example.com
General Manager:
DeWayne Grann


text:
Activities and Games
Monet in Science Class?
Whether you're teaching science, social studies, or writing, integrating the arts will deepen students' understanding.
- Grades: PreK–K, 1–2, 3–5, 6–8
Beyond the Canvas Tapping into your students' visual-spatial intelligence is only the beginning of arts integration. Dance will speak to your kinesthetic learners, as will music and drama for your musical-rhythmic and interpersonal learners. Here are some activities and resources to inspire you.
Moving Through Math
Dance and math may sound like strange bedfellows, but not so. Movement can physicalize concepts in geometry, symmetry, combinations, patterns, and even numeration. Jan Adams of Winston-Salem/Forsyth County Schools in North Carolina suggests doing some Matrix Choreography: A forward step adds 10, a backward step subtracts 10. A step to the right adds 1, and a step to the left takes 1 away. Simple addition and subtraction problems translate into a series of dance steps. Then, Adams suggests, "make up a combination and figure out what number you would land on if your beginning point was 1—how about 14?" For more activities and resources, visit mathdance.org.
Singing History
Before textbooks, before writing, songs served as a medium for recording our past. The entire span of American history could be told in song—and it has been, through the folk song tradition. The University of Pittsburgh's project "Voices Across Time: American History Through Music" weaves together more than a hundred songs, traditional and new ("Home on the Range," "John Henry Blues," Woody Guthrie's "Tom Joad," and Bruce Springsteen's "The Ghost of Tom Joad"), with lesson plans, background material, resources, and links to lyrics and recordings.
Footlight Parade
We often take the connection between reading and writing and drama for granted, so it bears remembering that Readers Theater is arts integration by another name. It boosts fluency and comprehension, not to mention listening and speaking skills. Visit scholastic.com/teachers for guides, resources, and sample scripts for every grade.
Arts Integration is one of those buzzy education terms that crops up every few years. This time around, though, the Common Core standards may provide it with fertile ground to take hold.
The new ELA standards, for example, demand "close readings" of texts, which is exactly how art students learn to "read" paintings and other artworks, returning again and again to the work to look for clues that reveal how it was created, as well as the choices the artist made and the meaning behind them.
Integrating the arts into STEM education, "STEAM" advocates argue, will instill in tomorrow's scientists and engineers the creativity they need to be the next Leonardo, the next Einstein.
Furthermore, says arts educator and author Eileen Prince, students—all of us, really—learn in different ways. Some won't understand until they see it; some, until they touch it; some need to abstract it. Arts integration provides organic avenues for each student to find his or her way into a discipline.
The process "doesn't have to be intimidating," says Prince. Rather than treating art as ART, just "look at it as your subject." To help, we've paired works of visual art with activities and lessons in the sciences, social studies, and reading and writing. If the possibilities seem limitless, it's because we're only recognizing the connections that are already there.
Gardening With Monet
Artwork: Water Lilies and Japanese Bridge by Claude Monet
Connection: Science
Background: For Claude Monet gardening, like painting, was a labor of love. He once said, "I perhaps owe becoming a painter to flowers." In his garden at Giverny, Monet found his most iconic subjects, such as the water lilies he cultivated in his pond. Using his example as painter and gardener, you can introduce students to the art, and science, of interacting with the natural world.
Study the Artwork: Ask students what they see in Monet's painting (water, flowers, a bridge, trees). Then ask what things in the painting are human-made (bridge). Mention that Monet had the pond dug, just as he had the bridge built. He planted the lilies and other flowers himself. Some were native to the region, but some were exotic.
Activity: Have students research native plants and flowers as well as exotics that would thrive in local conditions, and compile a class almanac, with scientific and common names of each type. Students can then work in teams to draw up plans for their own gardens.
Students should consider what color flowers might complement one another. They must decide if their garden will be unconstrained, as Monet preferred, or more orderly. As they plan, ask questions like "What will our plants eat and drink?" to introduce lessons on photosynthesis or root structure. A discussion of the flowers themselves might suggest a study of pollination and reproduction. To extend learning, plant a real school garden!
Carrying Culture
Artwork: Columbia River Plateau carryall
Connection: Social Studies
Background: The traditional beaded carryall bag, such as this one from 1890, is important to the cultural identity of the tribes of the Columbia River Plateau. In their design and materials, says Jennifer Ogden, an art specialist at the K–12 Victor School, a half-hour south of Missoula, Montana, a history of the people who made them begins to unfold.
The glass beads arrived via trade with Europeans, following the journey of Lewis and Clark in the early 1800s. The decorative figures in the intricate beadwork had significance to the culture and lives of the Columbia River people. Among them, the horse looms large. Ogden says horses are "a universal symbol of strength, character, beauty, wealth, nostalgia, and mobility."
Study the Artwork: Ask the class why the artisan chose to put a horse on the bag. Discuss the central role horses played in 19th-century American life. Talk about symbols students might choose to represent their own lives.
Activity: Using canvas and cotton tote bags (available online for about a dollar apiece), paint, and freezer paper as a stencil (once the stencil has been cut, it can be ironed right onto the bag), your class can make "historic" totes of their own.
Note: Adapt the activity to reflect the customs and artifacts of local Native American groups.
Reading the Signs
Artwork: The Arnolfini Portrait by Jan Van Eyck
Connection: English Language Arts
Background: As the old saying goes, "A picture is worth a thousand words," says Eileen Prince, an arts educator at the Sycamore School in Indianapolis and author of Art Matters. Van Eyck's portrait, chock-full of imagery associated with wealth, piety, and fertility, is perfect for exploring symbolism. Decoding its imagery primes students to recognize the symbols in other subjects, not to mention daily life.
Study the Artwork: Almost without fail, students ask whether the bride is pregnant, says Prince. She isn't, though the way she holds her dress up may suggest the desire to start a family. The dog represents fidelity (as dogs still do). "What better symbol to put in a marriage picture than being faithful to each other, little Fido," remarks Prince. Velvets, furs, and rugs attest to the couple's wealth, as do the oranges on the table, a luxury at the time.
Activity: Pair the painting with an appropriate poem or short story. Third and fourth graders can dive into the rich but accessible imagery of Langston Hughes's "Mother to Son" or Robert Frost's "The Road Not Taken." Have students identify words that could be symbolic. Compile a list and discuss what the symbols might mean. Have students cut out visual symbols from magazines and newspapers. Soon, they'll be recognizing symbols everywhere, says Prince, be it the Nike "swoosh" or the Stars and Stripes. Have them create collages from their symbols and write a poem or story about it, using symbolic language.
Seeing the Story
Artwork: Le Père Tanguy by Vincent Van Gogh
Connection: Writing
Background: Van Gogh's canvases provide a great opportunity for kids to learn how to find the story that's in a painting. "An artwork is not necessarily about what an artist wanted it to be about. It's about our response to it," says Linda Smith, who teaches at Saint George's School in Spokane, and was named Washington state's 2012 Elementary Art Educator of the Year.
Study the Artwork: "Every work of art has a story to tell," says Smith. Not only that, the story is different for each viewer. Smith recommends letting kids respond to an artwork before providing any background information.
Activity: Have students engage in a "formal analysis" of the painting: 1. Describe (What do you see?); 2. Interpret (What does it mean?); 3. React (What do you think?). Have students use their analysis to write stories about the man in the picture. Then provide some background information.
"Père Tanguy was one of Van Gogh's art suppliers in Paris," says Smith. "Van Gogh often traded his paintings for art materials, a common practice in Paris in the late 1800s." Van Gogh painted Tanguy against a background of Japanese prints. "Fragile cargoes such as porcelain, coming from Asia, were wrapped in these cheap prints. Though Van Gogh never traveled to Japan, he became very interested in all things Japanese." Smith suggests having the class compare Van Gogh's life in Europe with Japanese culture at the time.
Patterns Everywhere
Artwork: Topkapi Palace, Istanbul
Connections: History, Geography, Geometry, Writing
Background: The mosaics of Topkapi Palace in Istanbul, for centuries the home of the Ottoman sultans, illustrate the dazzling possibilities of motif, pattern, and repetition. Patterns (like symbols) are ubiquitous, in math and music, poetry and history, art and the natural world.
Study the Artwork: With her students at Nancy Moseley Elementary School, in Dallas, art teacher Sabrina Ogle uses a variety of artworks to show how various visual elements—such as shape or color—can be used to create a motif, and how through repetition, motifs can be used to form patterns. "They could be very organized," says Ogle, as with these mosaics,
"or random, like in Matisse's artwork or in nature."
Activity: Ogle provides real-world connections by having her class look for patterns and motifs in contemporary fashion. Using examples of some of the most stunningly misguided fashions of the 1970s and 1980s as inspiration, she has the class design horrible outfits of their own—and write the stories behind them. The students designed a T-shirt and pants (on paper), with the goal of using patterns to make the clothing look as bad as possible. "I told them to think about pattern and how it could go very, very wrong," Ogle says. The students had to make inferences on how the patterns and outfits came to be. "I made a point to my students that the more specific and creative their inferences were, the funnier their stories would become."
- Part of Collection:
- Subjects:Visual Arts, Teacher Tips and Strategies
- Skills:Research Skills


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U.S. Rep. Mac Thornberry, whose Panhandle congressional district includes many acres of oil-producing rangeland, may have redefined the art of political broken-field running.
The Clarendon Republican voted in favor of a congressional call to suspend shipments into the nation's Strategic Petroleum Reserve, which many critics have characterized correctly as little more than a feel-good bromide that will have little impact on the price of fuel.
Thornberry acknowledged as much Monday afternoon while explaining his vote.
But, he said, his vote in favor of the SPR suspension was aimed at a longer-term objective. "Yes, this decision could have a psychological effect on fuel prices," he said, "but in principle, if we believe that more supply (of domestic energy sources) allows us to buy less from these volatile sources, then maybe this vote can advance that debate."
The stated aim of suspending SPR shipments is to increase oil supplies for the marketplace. Energy analysts say it won't help.
Thornberry's vote, therefore, would seem to make little sense.
But he is right on a critical point: The national debate on energy needs to focus on finding sources of supply of all forms of energy. We need to drill for oil in Alaska and offshore, Thornberry said. We also need to develop alternative sources of energy, such as wind, solar and nuclear power.
So, Thornberry has made an important point, even if it seems difficult to understand on the basis of a single vote.
© 2016. All Rights Reserved. | Contact Us


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Residents of a quiet Yucca Valley neighborhood are outraged that their town has issued a permit for one of their neighbors to sell firearms out of his home.
"That was shocking to me that they would allow it," Nalini Maharaj said. "Within feet away of a day care center? A school!?"
Keats Avenue residents are concerned for their safety and their property values if Luke Mintz receives final approval to sell firearms from his home.
Mintz was approved for a Home Occupation Permit to sell firearms from his residence during a Yucca Valley Community Development Department Hearing in April. Concerned residents came together to pay the $720 appeals fee. The appeal will be heard in front of the town planning department on June 11th.
Sharon Green says she would feel very uncomfortable with someone selling guns just steps away from her home.
"I would ask him why he was unable to start a business in town," Green said of Mintz. "Why in a residential neighborhood, and put us at risk. Possible risk."
Contacted by phone, Mintz said his full-time job is the main reason he doesn't want a store front to sell guns. He says he just wants to make a little extra money, and has been approved to be open for business just 12 hours a week. He'll advertise by word of mouth only, and make sales by appointment only.
As for security, Mintz has a fire proof safe, an alarm, and a belief that, "guns make you safer if you have them."
The approved Home Occupation Permit states that Mintz selling firearms from his home will not alter the character of the neighborhood. Neighbors disagree.
"We just all came together and we're shocked that the city would go against us," Wesley Woods said.
In response to our request for an interview, Yucca valley officials pointed out that neighbors concerns will be heard during their appeal to the planning commission on June 11th. No guns will be sold from the home until the appeals process is complete.
The town of Yucca Valley currently has three home occupancy permit's issued for home firearms dealers.


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How Bikes Can Save Us [Infographic]
Americans love to drive everywhere, even if the destination is right around the corner. We're also one of the fattest nations with a lot of pretty polluted areas. However, the bicycle can provide the answer to these problems. Biking more frequently can save our health, our money, and our environment.Read More
Minority Report [Infographic]
Ever wonder what it would be like if the plot of the movie "Minority Report" was real? In other words, what if the police could predict a crime before it happens? It's pretty cool to think about for a lot us, but it's definitely scary too. With the help ofRead More
Soda's Evil Twin [Infographic]
Most parents limit or prohibit their children from drinking soda, and find other healthier ways to satisfy their kids' cravings. Many turn to fruit drinks and juices, but most fruit drinks are simply sodas in disguise. Less than half of the fruit drinks on the market contain any real juice,Read More
The Digital Promise [Infographic]
If school's had access to the most recent technology, how different would education look today? Sadly, the implementation of technology in education is still far from showing it's true potential, so that's not an answer we can fully answer. However, with the launching of the "Digital Promise", the acceleration ofRead More
Why Health Insurance is Still Unaffordable [Infographic]
Health insurance remains unaffordable for many Americans today, and we have insurance companies to blame for that. As health insurance companies continue to make record profit, an increasing number of Americans are finding themselves unable to afford their insurance costs. Take a look at the graphic below to see whyRead More
The High Cost of RX [Infographic]
It's obvious that the U.S. healthcare system is flawed in many aspects. In particular, the cost of prescription drugs is one of the more apparent problems in the system. Drugs in the U.S. cost more than anywhere else in the entire world (by a 118%..)! This graphic reveals the outrageousRead More
Who's Wearing the Pants? [Infographic]
Women in the 21st century are rapidly distancing themselves from the societal roles once expected from their mothers and grandmothers. While men still dominate society in a variety of ways, it's only a matter of time before the playing field will finally even out. In fact, current trends suggest thatRead More
1996 vs 2011: The Internet Yesterday & Today
Today, if I had to go wait even half as long as I did in high school for a page to load, I just might jump off a bridge. Thanks to technology and the ridiculous advancements the Internet has allowed, my struggle with patience is no more. This infographic fromRead More


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Home | Features | Videos | Stick Tech | News | Scores | Old School
Stick Tech Workshop - ReADeR TIPS!
At summer camp one of my counselors had a head which I was very interested in and I had never seen before. He said it was called the "x-box" or something like that. It is illegal and it might be for box only. I don't know. Anyway, if you know anything about or where I could get it I would like to know. If the name is wrong, the sidewalls have X's that go from the top all the way down to the neck, and it had a very pinched neck. - AustinAustin, The X-Box was the original name of the STX Power Play. Gary Gait designed it and it's not for sale at all the stores because it's primarily a box stick and is not legal for use in high school or college lacrosse. We have many readers who are into box lacrosse so we sell it in the E-Lacrosse Store. It's a great box stick and is very stiff. Gary plays with it using a traditional pocket but we like it in hard mesh too.My stick passes great. But, when I shoot, the ball hooks way to the left. At first I thought it was me but I had some friends try it out and it hooked left for them too. I can't seem to fix it. - Matt
How can I improve on picking up the ball? The ball will be right in front of me and it will take me at least 3 or 4 tries before I get it into my pocket.
I can tell right now that you aren't getting low enough, especially with your back hand and you're probably not bending your knees enough. Its not easy learning how to do it full speed. Start at a slow run at first, but always be fundamentally correct. Then try it faster and up to full speed. Great players do it effortlessly through years of practice. A good ground ball will always make you the low guy if a hit occurs which is the position you want to be in to have the best chance of running through it.
I have recently found that wrapping some tape around the end of the shaft without a butt end works well and the bottom of the shaft isn't exposed at all. The thing I'm worrying about is the legality of it. Do you have any idea whether I'll get a penalty for an illegal stick or not? - Henry from Livingston, VA
Henry, We see many college players with the taped ends so it had to be legal. We don't have the 2003 rule book yet, but we checked the 2002 NCAA Men's rule book. Rule 1, Section 19, Crosse-Construction, Note 2 states that "All hollow crosse handles made of metal or synthetic material must have a plastic or wood plug on the end or must be adequately taped to prevent injury. A metal handle that does not have a cap-plug on the end will not be considered illegal; but, at the next whistle after being noticed, the crosse shall be removed from the game until it is corrected".
Hi, I'm 13 and I'm just starting to play lacrosse. But I wear glasses. Should I switch to contacts, or use goggles? I'm not totally blind, but it would definitely help me catch a pass and throw straight if I had glasses or contacts. What should I do? By the way, you have the best website, it's my homepage. - Fred
Fred, Thanks! This is really a question to discuss with your parents and an eye doctor. There are many physicians who deal with young athletes and vision issues. My wife has contacts and I can't imagine wanting to deal with what she does when I was 13. But I never wore glasses either. Maybe that's a bigger pain. Like I said, see if you can talk to a doctor who does this stuff regularly.
We started this petition to get a lax video game. But we simply don't have enough people on the board to get it going. I was wondering if you could set up a link to it on the website and help us out. The link is http://www.petitiononline.com/alalaxvg/petition.html. - Luke
Luke, We hope you get many signatures but there will have to be an awfully lot of signatures to change the minds of the huge game companies. We were pretty surprised when the Blast lacrosse game was made. It wasn't a great game, but just the idea that a real company produced it was a big step forward. I am sure they would be following it up with a first rate game if it had done well enough. They probably know better than anyone if it's worth the investment to do an original 2003 X-Box or PS2 game. Maybe it's a close call and your petition will help. We wish you luck!
I was wondering if you know or have the step by step process for making wood lacrosse sticks? - Fraser
Fraser, We don't know everything but we'll tell you what we do know and show you some pictures too. When we were on the Onandaga, we met up with Alf jaques, a renowned Native American stickmaker. He talked to us about the whole process and showed us a few of the steps. The process takes at least a year from tree to completed stick. First the maker selects a smooth-barked hickory tree. The tree must be straight at the bottom 8 feet. That's all that will be used for sticks.
Dear E-Lacrosse, I saw an awesome helmet Tom Ryan was wearing and was wondering what kind it is and where I could get it if possible. Here is the picture. - Taylor
Taylor, The helmet TR is wearing there is a Cascade C-pro with a box lacrosse mask made by maxlax attached (thanks, Luke from Canada). It's not legal in High School or College and you have to bend the brim a bit and drill a couple new holes to make it work. Tom's got more up there than most of us so he needs a bigger helmet. He played with the E-Lacrosse team this summer and we had Cascade do a special helmet for him that was bigger than the L-XL size they sell at stores. Cascade is great at doing custom orders like that in just a few days. They are one of our new sponsors and we are hosting the CASCADE HELMET GALLERY which will be up on E-Lacrosse this fall! YOU CAN GET YOUR CASCADE IN THE GALLERY as it goes live by sending us pictures of your Cascade now!
I have just come back from the World Games in Oz playing for England, but one thing that we didn't really get to do was trade a lot of our gear with other teams, there just wasn't enough time at the end. Is there any forum where we can put what we have for trade? David
David, The only thing we can think of is to put the ad in the E-Lacrosse Free Classifieds under equipment and see what happens. We'll put the ad in there and you may get some bizarre offers for trades. It would be great if other World Games participants responded and even posted items for trade. Let us know what happens. By the way, we were in Perth and at many other tournaments and we also love a good trade. What do you have to trade?
Hi, I just got back from an STX lacrosse camp and there was an STX rep who showed us The Hype. Let me tell you, I thought it was amazing. Because of the way that it is designed where you string the sidewalls from the top, ball rattle is completely eliminated. It is truly going to be a great stick and I can't wait until it comes out. - Brian
Brian, The Hype's out now and we have it. And we agree that it is very cool. We did an interview with the designer Chris Heim that you can read here on E-Lacrosse to get more information about it. AND we have a Hype Stringing Contest to see what kind of crazy and innovative pockets our readers can come up with for the new stringing configuration featured on the hype.
I saw a two kids at camp with "cut out" pockets. These were like mesh pockets but some of the mesh was missing where it wasn't needed. One was like a triangular piece of mesh with shooting strings. What is that and is it available? - Will
Will, Cut outs are purely custom jobs done by stringers. No product is available as of yet that features a cut out pocket. We've seen many over the years. The Monster Mesh is basically a cut out pocket where the inner diamonds have been cut out creating bigger diamonds but the ones you are talking about are cut out at the top corners. Here's a couple examples of cut outs. We made the second one using a shrink tube shooter and it works great. Only use hard mesh, never soft mesh, to do this and be sure to melt the tips of the cut mesh a bit with a lighter to keep them from fraying later.
Thanks for all your questions? Keep them coming and we'll do a Q&A session every few months! Send them to email@example.com!


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A corporation is an independent legal entity that exists separately from its shareholders and has many of the same rights as a person. It can hold property in its own name, including interests in other companies. However, when shareholders make a Subchapter S election under the Internal Revenue Code to have a small corporation taxed as a pass-through entity, they agree to restrict ownership in the company in exchange for special tax treatment.
Pass-Through Taxation
The IRC allows a small corporation with up to 100 shareholders to choose to be taxed as a pass-through entity. Instead of paying taxes on profits at the corporate level when the company files its tax return, and then again on the same money at the individual level when profits are distributed to shareholders as dividends, the corporation can make a Subchapter S election with the Internal Revenue Service. As an S corporation, the company pays no entity-level taxes. Profits and losses pass through to the shareholders, and profits are taxed only once at the individual level.
To ensure the profits that pass through an S corporation end up with a shareholder who is required to pay income taxes in the U.S., the IRC places ownership restrictions on S corporations. S corporation shareholders can only be individuals who are not nonresident aliens, estates and certain types of trusts. This prevents a situation where untaxed profits pass through to a shareholder who does not live in this country or who is not required to pay federal income taxes here.
Qualified Subchapter S Subsidiary
Since an S corporation isn't an individual, estate or qualifying trust, it seems clear that it cannot be a shareholder in another S corporation; however, one exception exists under the IRC. The tax code allows an S corporation to own a wholly-owned subsidiary S corporation. The subsidiary is called a qualified Subchapter S subsidiary or QSSS (also sometimes called a QSub). The parent S corporation must own 100 percent of the subsidiary and make an effective Subchapter S election for it on IRS Form 8869.
Tax Consequences
A wholly-owned QSSS is not considered a separate entity for tax purposes. To prevent profits from passing through the QSSS to the S corporation parent and then passing through again to the parent's shareholders, the QSSS is treated as a division of the parent. While the QSSS is a separate corporation legally, all of its assets and liabilities are treated as the parent's when the parent files its taxes. This ensures that the IRS doesn't have to chase corporate profits through multiple pass-through entities.


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Top Definition
A supreme asshole. Someone who acts like they're the boss of everything. A very cocky person.
Dad: You're over there acting like the cock of the wock!
Son: pffft.. Okay, Dad.
Son: pffft.. Okay, Dad.
بواسطة Corpsewall أغسطس/آب 10, 2009
Trending Now
Can you define these popular missing words?


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Black Texans find Juneteenth as much a celebration of freedom as Independence Day, and the Texas-originated holiday has spread beyond the bounds of the Lone Star State.
Amarillo and area residents will commemorate Juneteenth, the annual anniversary of the June 19, 1865, date that Texans learned President Abraham Lincoln had freed black slaves with his Jan. 1, 1863, Emancipation Proclamation.
Union Maj. Gen. Gordon Granger's June 19, 1865, recitation of General Order No. 3 at Galveston became the impetus for festivals, picnics and other events as early as 1866, according to Juneteenth information posted at the Texas State Library and Archives Commission Web site, www.tsl.state.tx.us.
This year's local celebration, organized by the Amarillo United Citizens Forum, includes versions of the picnics, parades and other social events long associated with Juneteenth.
The celebration will begin today with a 10 a.m. parade that runs from Thompson Park west along Northeast 24th Avenue, which bears the symbolic designation of Martin Luther King Jr. Boulevard.
The parade will turn south on North Hughes Street and west again on Northwest Ninth Avenue, ending at the culture center at Northwest Ninth and North Hayden Street.
The parade will feature Miss Juneteenth, selected this year not by a pageant as in previous years but through submitted essays and personal interviews, said the Rev. Michael DeVaughn.
After the parade, the celebration moves into Bones Hooks Park at the intersection of North Hughes and Northwest 20th Avenue, DeVaughn said. Festival-goers will find a variety of food, activities and entertainment in the park.
Amarilloans will be among the many Texans and residents of other states who will mark Juneteenth.
The Texas Legislature made Emancipation Day in Texas an official state holiday in 1980.
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Metal Shop - January 15th, 2011 - Hour 2
58:42 minutes Metal Shop - January 15th, 2011 - Hour 2
Our segment From The Vault - paying homage to the bands who came before, started this hour with Prayer For Cleansing. The guys from Sanctuary played a few of the songs that influenced them, and we took some calls from fans looking to talk to Sanctuary! They're playing El Corazon on January 21st, be there. GO HAWKS!
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Active Share and Mutual Fund Performance
Antti Petajisto
New York University (NYU) - Department of Finance; Yale School of Management; BlackRock, Inc
January 15, 2013
I sort domestic all-equity mutual funds into different categories of active management using Active Share and tracking error. I find that over my sample period until the end of 2009, the most active stock pickers have outperformed their benchmark indices even after fees and transaction costs. In contrast, closet indexers or funds focusing on factor bets have lost to their benchmarks after fees. The same long-term performance patterns held up over the 2008-2009 financial crisis, and they also hold within market cap styles. Closet indexing increases in volatile and bear markets and has become more popular after 2007. Cross-sectional dispersion in stock returns positively predicts average benchmark-adjusted performance by stock pickers.
Number of Pages in PDF File: 47
Keywords: Active Share, Tracking Error, Closet Indexing
JEL Classification: G10, G14, G20, G23
Date posted: October 2, 2010 ; Last revised: January 17, 2013
Suggested Citation
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Pharmacy Closes Over Lower Medicaid Reimbursements
A South Texas pharmacy featured in a Texas Tribune article on independent pharmacists struggling to adapt to lower Medicaid reimbursement rates will shut its doors on Friday.
John P. Calvillo, president of the Rio Grande Valley Independent Pharmacy Association, announced Monday he would close Med-Aid Pharmacy in Mission, which he has owned and operated for seven years, as a result of the lower reimbursement rates produced by the state's expansion of Medicaid managed care.
"Our business was growing at a steady rate and our services were expanding daily," he said in an email. He added that the hit to ...


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About This Activity
ZUMBA- the international Fritess rage. This Latin inspired workout combines easy to do Latin dance steps with a mixture of body scultping movements. ZUMBA features aerobic/fitness interval training to miximize caloric output to increase fat burning with total body toning. ZUMBA is a "feel happy" workout that is great for both the body and the mind. ZUMBA now includes ZUMBA toning.
Organizer Info
Map & Direction
Gfield Comm Center Multi-Purpose (Large) - Greenfield Community Center 7215 W Coldspring Rd, Greenfield, WI 53220Get Directions


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Star Tracks: Monday, May 16, 2016 42 years, 2,191 covers and 55,436 stories from PEOPLE magazine's history for you to enjoy
Latest News!
- Bryan Cranston, Susan Lucci and More React to All My Children Creator Agnes Nixon's Death
- Read the Cover Story: Brad & Angelina Split After 12 Years: It's Over
- Donald Trump on Alicia Machado's Miss Universe Reign: 'I Saved Her Job'
- José Fernández's Pregnant Girlfriend Maria Arias Makes First Public Appearance Since His Death at Memorial Service
- Utah Man Allegedly Held Teen in Shed For Six Weeks, Forcing Her to Perform Sex Acts for Food and Water
People Top 5
LAST UPDATE: Tuesday February 10, 2015 01:10PM EST
PEOPLE Top 5 are the most-viewed stories on the site over the past three days, updated every 60 minutes
- August 13, 1984
- Vol. 22
- No. 7
A Stricken Coal Miner's Daughter Mourns the Drowning of Her Favorite Son
On July 22 her 34-year-old son and her heart's favorite among her six children, Jack Benny Lynn, mounted his quarter horse, Black Jack, at the 5,000-acre family ranch, Hurricane Mills, near Waverly, Tenn. He called out to a ranch hand "I'm goin' ridin'," and went off into the hills. Sometime in the evening horse and rider tried to ford the often treacherous Duck River that bisects the Lynn spread. They never made it: On Tuesday a sheriff's search party found the horse standing beneath a river bluff, and Jack's body in the water nearby.
Very early in the morning, after Jack's last ride, Loretta's customized bus pulled into the Big Chief Auto Truck Plaza outside Mount Vernon, Ill. When a member of the singer's entourage went into her suite at the back of the bus to ask her if she wanted coffee, the star was on the bed, unconscious. An ambulance rushed her to the intensive-care unit of the Good Samaritan Hospital in Mount Vernon; she was suffering from "exhaustion." Loretta was not told about Jack until Wednesday morning, when her husband Oliver (Mooney) Lynn arrived by car to break the awful news.
"She took it much better than we expected," said her manager of 12 years, David Skepner. "Loretta's going to be all right." Perhaps so, but over the years Loretta Lynn has had a lot to take—and a lot taken out of her.
Clawing her way up from the poverty of a Kentucky coal miner's daughter to multimillionaire country-music queen, Loretta set a corrosive work regimen that never slackened. Nearly 10 months a year she is out rolling on the tour, doing two shows a night that can last till 2:30 in the morning. "When God made entertainers," says Skepner, "he left out the word moderation."
Nor has there been any rest back in Waverly. "When I get home," she has said, "there is so much going on it makes me nervous." Running the dude ranch, which is open to visitors, is Mooney's job. But as a local acquaintance puts it, "Mooney (from moonshine) likes to have a few drinks"—though he is currently on the wagon. Mooney's other nickname is "Doolittle." Says an old musical associate of Loretta, "The name explains itself."
For years Loretta has carried the family financially and borne its personal burdens. Last year the wife of second son Ernie Rey, who plays guitar behind Loretta, gave birth to stillborn twins: They were buried at Hurricane Mills. This year Ernie had a kidney removed. Betty, oldest of Lynn's children at 35, is divorced with two daughters and helps answer Loretta's fan mail. Cissie, married and mother of two, sings in some of Loretta's shows. One of the 20-year-old twin daughters, Patsy, eloped at age 15, closely emulating Loretta's own childhood marriage at age 13. Patsy, now divorced too, and twin sister Peggy, a recent bride, appear with Loretta and Mooney on Crisco commercials.
The combination of work and herding the family along has put Loretta in the hospital over a dozen times with an array of ailments, including bleeding ulcers and undiagnosed blackouts. Nine years ago she tried to block out her troubles with what she called "pills to put me to sleep." A bout in Nashville's Park View Hospital, with help from a psychiatrist, got her past the addiction, but she kept running beyond the brink of her formidable energy. When she collapsed in Mount Vernon, Skepner admitted, "This happened 16 months before." However, he says, no pills are now involved; "the root cause is exhaustion—there wasn't anything else wrong."
Nothing, that is, until she learned about Jack Benny Lynn, whom she had named for her favorite comedian and "because we like the two names." Patsy confirms her mom's special feelings for Jack. "They were very close," she says. "It was probably because he took after my dad." Jack was shy and liked his time alone. According to Patsy, Jack also shared Mooney's taste for liquor. He never worked at any real job, spending his time training horses and blacksmithing at the ranch. About a year ago liver and pancreas problems, together with a neck injury sustained when he was thrown from a horse, put Jack in the hospital, where doctors persuaded him to join Mooney on the wagon. Says Patsy, "He straightened up and started taking care of his family," which included wife Barbara and their 4-year-old daughter Jenny and two teenage children by a previous marriage.
Surprisingly Barbara reacted to the drowning with absolute composure. "I have perfect peace about Jack," she says. "This was his time." She explained his death to Jenny by telling her Jack was in Heaven "riding horses with Jesus."
Loretta fared not nearly so well. Despite her initial calm, "She tore all to pieces," according to Patsy. Skepner and Mooney quickly put her on a chartered plane to Nashville, then took her to a local hospital, where she stayed until the Friday funeral at the white-framed Luff-Bowen funeral home in Waverly. Walking as though in a bad dream she joined 325 mourners as a tape played Willie Nelson's Amazing Grace and Uncloudy Day.
There were some famous faces in the funeral crowd, among them country-music stars Tammy Wynette and Loretta's sister, Crystal Gayle. But the 49-year-old Loretta seemed to notice no one. Nor did she seem to see the extravagant floral arrangements that rimmed the chapel walls, carrying cards from some of the biggest names in show business—Dolly Parton, Barbara Mandrell, the Oak Ridge Boys. Pale and drawn, she stared at the oak casket draped with an American flag.
Loretta wept during the 45-minute service and the short ride to the family's burial plot at Hurricane Mills. Just before the casket was lowered into the ground she lost her composure and broke into sobs. Her knees buckled and, supported by Mooney and the family housekeeper, she had to be helped to the car that took her back to the Nashville hospital.
"It's finally started to hit her," Skepner concedes. "She's one worn-out lady." He has canceled all her August appearances, but he believes she will be out again and running fast as ever, perhaps with a new song based on the tragedy (her early hit Mama, Why? came out of her own father's death). "She does what she has to do and collapses later," says Skepner. "Without that drive, superstars wouldn't be superstars."
Daughter Betty, too, is confident that "Mother's strength will pull her through. She's been sick and she works too hard, but Mother's going to be fine." Still, she admits, "All of us kids have hung on to each other all these years and it won't be the same without Jack." Then she adds, "But Jack went out in a blaze of glory. He just went off ridin'."
- Contributors:
- Joyce Leviton,
- Jane Sanderson,
- John McGuire,
- Gerry Wood.
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September 28, 2016
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Tuesday September 27, 2016
Volume 24 Issue 34
|Strong to the basket
Technology High's Caitlyn Wayland takes the ball to the hoop in the Lady Titans' Pink-Out game against St. Vincent on Feb. 1. The Pink-Out game was to raise awareness for breast cancer. The Mustangs won the game 54-30 in Rohnert Park.
Photo by Robert Grant


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Is Ray Rice Down for the Count as a Raven?March 5, 2014 // 0 Comments
(AP Photo/Patrick Semansky, File)
Moe Watson
CCBC Catonsville
Ravens running back Ray Rice is definitely in the spotlight in the athletic world, but not in a positive way.
Last month, Rice was involved in a physical altercation in the Revel Casino in Atlantic City, New Jersey on a Friday Night. The altercation also involves his fiancée, Janay Palmer. The couple was arrested for minor simple assault. Police also had video evidence of Rice dragging Palmer out of the elevator unconsciously that same night.
Sources from ESPN.com said that Head coach John Harbaugh had talked to Rice about the incident. Ravens general manager Ozzie Newsome was very vocal about the 3 time Pro-Bowl running back. Mr. Newsome hasn't had much conversation with Rice about what had transpired in Atlantic City but will definitely get to the bottom of the situation as soon as possible. The question is what events lead up to Palmer getting knocked out cold?
As of right now, no one is sure of what actually happened and probably won't know for a while. Rice, coming of the worst year of his NFL career since his rookie season back in 2008, has yet to comment about the incident. Ms. Palmer has also kept quiet about the violent encounter. It is certain that the couple is currently receiving counseling and is trying to do better.
Also keep in mind that the engaged couple also have a daughter together so you have to wonder, how does this affect the young child? Some of Rice's teammates have spoken out about their teammate. "It's definitely a situation that it's nothing to be proud of for us or for him. He knows that," teammate Torrey Smith told the Baltimore Sun.
I do feel like what Rice did was wrong and just not cool at all. I will always be a Raven fan but at the same time, I can't support someone who abuses women.
Throughout his tenure with the Ravens, Rice had done a few charitable events like feeding the homeless and having an anti-bullying event for troubled children within the Baltimore Community. You would think that with all the good he has done over the last few years, Rice would be a model citizen but after what just happened, you don't know if we really see Ray Rice for what he really is. The whole Ravens nation is stunned about Mr. Rice's actions and will not forget it for a while.
The Majority of these professional athletes are pressured to have a squeaky clean image because they are put on this pedestal. Rice has such a huge fan base with the younger generation. With the younger fans loving Rice for what he does, he would be the perfect role model. This isn't the first time that a professional athlete has been involved with in a domestic violence dispute. A large number of today's athletes are often in trouble because of either domestic violence or substance abuse.
Who knows what the future has in store for Rice. Also keep in mind that the Ravens will now keep a close eye on Rice because of his recent encounter. Considering Rice now may not be the franchise player we all thought he was, could this be the end of his time as a Raven? We shall find out sooner or later.
Maybe Rice had somewhat of a justified reason for his actions. Hopefully Rice has learned a valuable lesson because everything you do can always be counted against you no matter how good you are on and off the football field.
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CFLive.net Lets You Run Adobe / Railo ColdFusion Code On-Demand
Yesterday, Adam Cameron brought CFLive.net to my attention. This site, by Russ Michaels, allows you to paste ColdFusion code into a textarea and then execute it in either an Adobe ColdFusion or a Railo ColdFusion context, or both. It's pretty cool! In fact, I just used it to see if the default expression in CFParam tags behaves the same in both Adobe and Railo context:
As you can see, Adobe ColdFusion and Railo ColdFusion have a very different behavior in this context. Is this because Railo treats unscoped variables in a CFFunction tag differently than Adobe (I have no idea if it does)? Or, is this perhaps some side-effect of the way CFLive.net is actually implementing the code execution? I'm not sure.
I was able to get both engines to behave the same by adding a, "request.", scope prefix to the defaultValue references:
Anyway, it's a pretty cool service! It's be awesome get a "jsFiddle" style application going here where you could link to your code!
Looking For A New Job?
- Software Development Engineer - REQ20003869 at Express Scripts
- Mobile Application Developer at Xorbia Tickets
- 7 Year + Lead ColdFusion Developer at Atprime Media Services
- Full Time ColdFusion Developer Needed at InterCoastal Net Designs
- Developer-focused job platform at Honeypot
Reader Comments
Aargh this is the most useful thing in the world ever! I've always wanted a site like this. How did I not know about this, I'm sure I've even searched for this before!
Good find Ben (and Adam), thanks
Heck yeah man, enjoy it!
Too bad they didn't call it CFfiddle.
FYI I am indeed working on a new version which is based on JSfiddle, it currently has collaboration features as well so people can work together on the code and will allow linking to code and using gists.
Sadly my spare time is very limited, so it is taking me forever to get it finished.


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News from around Pennsylvania
Federal judge tosses suit over Bio Cremation
PITTSBURGH -- A federal judge in Pittsburgh has thrown out a lawsuit filed by a Pittsburgh company that claimed its so-called Bio Cremation service -- a flameless process to cremate remains -- was being unfairly targeted by competitors.
Matthews International Corp. sued two Brownsburg, Ind., firms -- BioSafe Engineering and Digestor LLC -- in March, saying those firms had advised the Pittsburgh company they have patented the process Matthews markets as Bio Cremation. The Indiana firms use alkaline hydrolysis to dissolve corpses in a few hours.
The Pittsburgh Tribune-Review reported Tuesday that a federal judge tossed the case because the Indiana firms haven't sued Matthews over the use of the technology. Until that happens, U.S. District Judge Nora Barry Fischer said, it's not up to her to decide if there's a patent dispute or not.
Trial ordered for teen in fatal party shooting
READING -- An eastern Pennsylvania teenager has been ordered to stand trial in a triple shooting near a party that killed one person and injured two others last summer.
Seventeen-year-old Matthew Perkins, of Reading, was charged in Berks County in the July 30 shooting that killed 22-year-old Cesar Rivera.
According to the Reading Eagle, a judge on Monday held Perkins on charges of first-degree murder, attempted murder and related offenses.
Assistant District Attorney Melissa Noyes said one of the surviving victims was left paralyzed from the neck down.
Defense attorney Nicholas Stroumbakis sought dismissal of the homicide charge, citing testimony that the gunman was firing wildly while fleeing. He said the case should be one of aggravated assault and manslaughter, not murder. Noyes said such arguments should be made at trial.
Hussey Copper files for bankruptcy protection
LEETSDALE -- Hussey Copper Ltd., of Leetsdale, filed for federal bankruptcy protection on Tuesday.
The company listed more than $100 million in debt in the petition it filed in Delaware, the Pittsburgh Tribune-Review reported.
The filing said the copper-products maker plans to continue to run its business.
In addition to the Leetsdale plant, which opened in 1963, the company operates another plant in Eminence, Ky.
Union officials said they expect Hussey to keep the plant open until it is sold, the paper reported. The United Steel Workers represents 200 workers at the plant.
Hussey, founded in 1848 in downtown Pittsburgh, makes a variety of copper products, including construction copper sheet and copper nickel alloy sheet.
Senate panel OKs secrecy for autopsy records
HARRISBURG -- A bill that would prevent people from seeing autopsy records in the possession of county coroners is on its way for consideration by the full state Senate.
The Senate Local Government Committee voted in favor of the bill Tuesday, 10 months after then-Gov. Ed Rendell vetoed a similar measure.
The only "no" vote was by Sen. John Blake, a Democrat from Lackawanna County.
The law would require coroners only to release the dead person's name, cause and manner of death.
The state newspaper association said the change would make it harder for people to know whether their elected coroners are doing their jobs properly.
The association also said coroners could delay producing even the more limited information until they make an annual filing with the county prothonotary's office at the end of January.
-- from wire reports


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Editor's note: This is the final story in a series on special education programs.
Congress must pass a fiscal plan by January or across-the-board spending cuts would rattle domestic programs including a $900 million cut for special education.
The bulk of the special education cut would be in state grants for the education of school-age children with disabilities. The so-called fiscal cliff's effect on special education in Pennsylvania would result in a $33 million drop, the state Department of Education estimates.
School districts, which have had difficulty covering costs with their piece of the state's $1 billion program for special education for the past three years, would feel the effects of the cliff in the 2013-14 school year.
Much of the responsibility for funding special education lies with Congress, U.S. Rep. Glenn Thompson, R-5th District, said.
"This would cut funding to something already underfunded by the federal government at this point," Thompson said of the potential cut to special education.
"I've served on a school board for six years. I'm very familiar with the special education mandates that come down from the federal government. It's basically an unfunded mandate," he said.
The cost of providing transportation, specialized equipment and staff for special education students increases, Williamsburg Community School District Superintendent Linda Smith said.
"For the last three years, special education has received level funding from the state, which is a major concern for budgeting purposes," Smith said.
In addition to federal cuts directly to special education, Title I funding could be reduced by about $43 million in the state because of the automatic cuts.
At Williamsburg where 22 percent of the student population is enrolled in special education, Title I programs help students in kindergarten through second grade who have difficulties with developmentally appropriate skills and also reading skills, Smith said.
If progress is not made, a special education evaluation might be necessary.
"The right thing to do is to keep this from happening," Thompson said.


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The Rothschild Archive, run by a charitable trust set up in 1999, holds over two million items drawn together from the history of the Rothschild banks and family. At the core of the Archive lie the records of the firm of NM Rothschild & Sons, the London branch of the banking dynasty, supplemented by a growing range of acquisitions of papers from members of the Rothschild family. The Archive represents possibly the most detailed surviving record of an international banking operation in the 19th and early 20th centuries and of a family with artistic, charitable and scientific interests at the heart of European society.
In order to make this unique collection more available to researchers from around the world, the Rothschild Archive in partnership with Waddesdon Manor has launched its free online Rothschild Research Forum. Registered members will have access to articles, finding aids, transcripts and virtual exhibitions, and have the opportunity to communicate with other researchers through the Forum's message board.
For further information please visit the Rothschild Archive web site or email firstname.lastname@example.com