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February 13, 2013
TERRY WILLIAMS-ILUNGA, PLAINTIFF,v.ANDREA GONZALEZ; ANA TROUBWISNEV; PRODUCER-WRITERS GUILD OF AMERICA PENSION PLAN; TRUSTEES OF THE PRODUCER-WRITERS GUILD OF AMERICA; WRITERS GUILD OF AMERICA WEST; WRITERS GUILD OF AMERICA EAST, DEFENDANTS.
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS AND DENYING PLAINTIFF'S MOTION TO STRIKE, DISQUALIFY COUNSEL, AND RECONSIDER ORDER DENYING PRELIMINARY INJUNCTION [Dkt. Nos. 36, 40, & 45]
Presently before the court are Defendants Writers Guild of America, West, Inc., and Writers Guild of America East, Inc. (collectively "Union Defendants")'s Motion to Dismiss (Dkt. No. 36), Defendants Producer-Writers Guild of America Pension Plan ("the Plan"), Andrea Gonzalez, and Ana M. Troub-Wisnev's Motion to Dismiss (Dkt. No. 40), and Plaintiff Terry Williams-Ilunga (Williams)'s Motion to Strike Defendants' Coordinated Motions to Dismiss, to Disqualify Counsel and for Reconsideration of Order Denying Plaintiff's Request for Issuance of Preliminary Injunction (Dkt. No. 45). Having considered the parties' submissions, the court adopts the following order.
Williams is the wife of Ilunga Adell ("Adell"), a beneficiary of Defendant Producer-Writers Guild of America Pension Plan ("the Plan"), an employee pension benefit plan as defined by ERISA §3(2),
29 U.S.C. § 1002(2). Adell has satisfied the conditions for entitlement to pension benefits. (FAC at 36, Exh. 4 at ¶ 7.) Williams seeks benefits otherwise payable to Adell to satisfy Adell's child support obligations ordered by the Los Angeles Superior Court in the couple's ongoing divorce proceedings. (Id. at 38, Exh. 4 at ¶ 15.) Under ERISA, a spouse or former spouse can recover benefits in satisfaction of child support obligations if the spouse possesses a valid Qualified Domestic Relations Order ("QDRO"). 29 U.S.C. § 1056(d)(3)(A)-(B).
In July 2011, the Plan received a "Notice of Lien" and "Writ of Execution" for the state court's judgment that Adell owed Williams $114,592.69 in unpaid child support. (FAC at 40, Exh. 4
¶¶ 28-29; Ex Parte App. for Temporary Restraining Order, Decl. of Robert A. Pool ("Pool Decl.") ¶ 11; Opp. to App. for Temporary Restraining Order, Decl. of Ana Wisnev ("Wisnev Decl.") ¶ 19.) The Plan did not award Williams the benefits she was seeking, asserting that she did not have a valid QDRO. (FAC at 41, Exh. 4 ¶ 30; Pool Decl. ¶ 12; Wisnev Decl. ¶ 19.)
Previously, separate state court proceedings had been initiated in 1998 to dissolve Adell's marriage to his former spouse, Rosalyn Willis ("Willis"), and award her spousal support. (Wisnev Decl. ¶ 12.) Willis submitted a QDRO on September 12, 2012, and payments began to her on November 1, 2012. (FAC at 42, Exh. 4 ¶ 37.; Pool Decl. ¶ 14; Wisnev Decl. ¶¶ 14-15.)
Williams brought a series of motions in the Divorce Proceedings to obtain a QDRO and/or injunctive relief to prevent the Plan from paying benefits to Adell and/or Willis. [(Wisnev Decl. ¶¶ 10, 23, 28; see also FAC at 3, 42, Exh. 4 ¶ 33; Pool Decl. ¶ 18]. Those applications were denied. (Wisnev Decl. ¶¶ 23, 30;
Opp. to Ex Parte App. for TRO, Decl. of Neelam Chandna ["Chandna Decl."] ¶¶ 5-7 & 14.) Most recently, Williams sought emergency relief in the Divorce Proceedings via an "Ex Parte Application for Nunc Pro Tunc Relief or Alternatively to Shorten Time," which sought to enjoin the Plan from paying any other benefits (precisely the relief she later sought from this Court). (Wisnev Decl. ¶¶ 30-32; Chandna Decl. ¶¶ 5, 14.) The state court first denied Williams' request at a hearing on October 5. (Wisnev Decl. ¶ 30; Chandna Decl. 14.)
However, the state court has been considering the propriety of entering a QDRO for the immediate recovery of the child support payments Williams seeks. Toward that end, the court directed Williams to meet and confer with the Plan to draft a QDRO that would entitle her to this relief, consistently with ERISA, and has also appointed an expert to recommend an appropriate QDRO for Williams. (Wisnev Decl. ¶¶ 21-28, 30; Chandna Decl. ¶¶ 5-6, 14]. Additionally, the court ordered Williams to notify Willis that Williams was seeking a QDRO. It also suggested that Williams move for the proceedings involving her and Willis to be consolidated so that a single judge could adjudicate their competing claims to Adell's pension benefits, but Williams refused to do so. (Wisnev Decl. ¶ 14; Chandna Decl. ¶¶ 7-8.)
On the morning of October 30, 2012, the parties appeared in the Divorce Proceedings, at which time the court denied Williams' renewed request for injunctive relief. [Wisnev Decl. ¶ 31; Chandna Decl. ¶ 14]. Instead, the court set a hearing for December 11, 2012 to consider the expert's recommendation on a QDRO to enable Williams to recover Plan benefits. (Wisnev Decl. ¶ 31; Chandna Decl. ¶ 14.) On November 15, 2012, Williams filed a notice of appeal of the state court's September 24, 2012, ruling that, inter alia, refused to enter the QDRO Williams sought at that time.
On October 5, 2012, the same day that the state court first denied her request for emergency relief (Wisnev Decl. ¶ 30), Williams filed her original complaint in this lawsuit. Like the applications filed in state court, the Complaint sought to compel the Plan to recognize her child support orders, and asserted four causes of action relating to her efforts to obtain child support payments from the Plan. (Id.) On October 30, immediately after losing a motion for interim relief in the Divorce Proceedings, Williams filed an ex parte application without notice to Defendants, seeking a temporary restraining order (TRO) and preliminary injunction to prevent the Plan from distributing benefits-essentially the same relief the state court denied earlier the same day in the Divorce Proceedings. (Ex Parte App. for TRO; Wisnev Decl. ¶ 31; Chandna Decl. ¶¶ 14-15.) On October 31, this Court granted Williams' request for a TRO and set a preliminary injunction hearing for November 7. (Order Granting Ex Parte App. for TRO.) At the November 7 hearing, this Court denied Williams' request for a preliminary injunction.
Under Federal Rule of Civil Procedure 12(b)(6), a complaint is subject to dismissal when the plaintiff's allegations fail to state a claim upon which relief can be granted. "When determining whether a complaint states a claim, a court must accept as true all allegations of material fact and must construe those facts in the light most favorable to the plaintiff." Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000).
In Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009), the Supreme Court explained that a court considering a 12(b)(6) motion should first "identify[] pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth." Id. Next, the court should identify the complaint's "well-pleaded factual allegations, . . . assume their veracity and then determine whether they plausibly give rise to an entitlement to relief."
Id.; see also Moss v. U.S. Secret Serv., 572 F.3d 962, 969 (9th Cir. 2009) ("In sum, for a complaint to survive a motion to dismiss, the non-conclusory factual content, and reasonable inferences from that content, must be plausibly suggestive of a claim entitling the plaintiff to relief") (internal quotation marks omitted).
A. Motions to Dismiss and Strike
i. State Court Proceedings
All Defendants move to dismiss on several grounds pertaining to the concurrent state proceedings, namely, res judicata, the Rooker-Feldman doctrine, and Younger abstention. Defendants Writers Guild of America, West, Inc. and Writers Guild of America, East, Inc. (collectively, "Union Defendants") also move to dismiss on the grounds that the FAC contains no factual allegations with respect to them and does not state the purported basis for their liability. Ms. Williams did not file an opposition to the Motions to Dismiss. She did file a Motion to Strike Defendants' Coordinated Motions to Dismiss ("Motion to Strike"). Because Ms. Williams filed no formal opposition to the Motions to Dismiss, the court construes her Motion to Strike as an opposition so far as it is able.*fn1
Defendants invoke important doctrines of judicial economy and of federalism. Res judicata prevents a waste of judicial resources, providing that "when there is a final judgment on the merits, further claims by the parties or their privies based upon the same cause of action are barred." Board of Trustees of Carpenters Pension Trust Fund For Northern California v. Reyes, 688 F.2d 671, 673 (9th Cir. 1982). The Rooker-Feldman doctrine also prevents duplicative judgments so as to protect the jurisdictional authority of state courts. See e.g. Carmona v. Carmona, 603 F.3d 1041, 1050 (9th Cir. 2010) (The Rooker-Feldman doctrine "stands for the relatively straightforward principle that federal district courts do not have jurisdiction to hear de facto appeals from state court judgments."). Similarly but separately, the Younger abstention doctrine "forbids federal courts from staying or enjoining pending state court proceedings." AmerisourceBergen Corp. v. Roden, 495 F.3d 1143, 1147 (9th Cir. 2007), quoting Younger v. Harris, 401 U.S. 37, 41 (1971)(internal quotation marks and modifications omitted).
Defendants have demonstrated that many if not all of the same questions are at issue in state court, by Plaintiff's own admissions in the Complaint. They point out that all nine causes of action in the FAC relate to Ms. Williams efforts to obtain child support payments from the Plan. "Count I complains about the Plan's response to a subpoena in April 2011, presumably issued with respect to the Divorce Proceedings, seeking information about Adell's benefits [e.g. Comp. ¶ 14]; Count II alleges a 'Wrongful Denial of Benefits for the Plan's failure to pay benefits to satisfy her child support order [e.g. Comp. ¶ 27]; Count III alleges a breach of fiduciary duty based on the Plan's allegedly wrongful denial of benefits [e.g. Comp. ¶ 34]; and Counts IV through IX similarly complain that the Plan 'rejected payment of pension assets for child support' [Comp. ¶ 39]. Elsewhere, Ms. Williams alleges that she is being 'force[d] to relitigate matters previously adjudicated by the Los Angeles Superior Court.' [Comp. ¶ 41]." (Plan Mot. at 7.)
Ms. Williams did not directly address the substance of
Defendants' Motions to Dismiss regarding the ongoing state proceedings. She stated only that at the hearing on the preliminary injunction, Defendants misled the court "to believe that all was being taken care of in State Court." (Williams Mot. at 12.) Ms. Williams copied eight pages of transcript from state court proceedings with no commentary, apparently to inform this court of the deficiencies in state court proceedings. Without any direction from Ms. Williams, however, it is impossible for this court to discern what the state court is or is not addressing in this complex, long-running divorce and child support case based solely on a portion of the transcript of one hearing. Because Ms. Williams has apparently not challenged any of the overlap, the court has no choice but to find that Ms. Williams concedes these points to Defendants.*fn2
ii. Union Defendants' Grounds to Dismiss
Likewise, Ms. Williams did not challenge the Union Defendants' claim that the FAC makes no factual allegations against them. The court finds that the FAC apparently does not make any such allegations beyond mentioning them in the caption. Combined with Ms. Williams lack of opposition on this point, the court finds for the Union Defendants on this point as well.
iii. Ms. Williams' Grounds of OPposition
Through her Motion to Strike, Ms. Williams appears to oppose the Motions to Dismiss based on Defendants' failure to have a conference prior to the filing of the Motions, as required by local rules. Local Rule 7-3 provides that "In all cases not listed as exempt in L.R. 16-12, . . . counsel contemplating the filing of any motion shall first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution." Defendants argue that they were not obligated to confer with Plaintiff because she is pro se and falls in the exemption under L.R. 16-12. This appears to be incorrect.*fn3
Local Rule 16-12 exempts conferences only where pro se litigants are in custody ("(c) Any case in which the plaintiff is appearing pro se, is in custody, and is not an attorney"). Nonetheless, the court does not find this without more to be a reason to deny the Motions to Dismiss. The court expects strict compliance with all federal and local rules but finds that Ms. Williams has not alleged that she was not prejudiced by the lack of conference. Additionally, Ms. Williams herself appears not to have complied with this rule in filing her Motion to Strike. (See Plan Opp. to Mot. to Strike at 2 n.2.)
Ms. Williams' final argument that could be construed as an opposition to the motion to dismiss is that Defendants "direct[ed] Plaintiff to request injunctive relief in Federal Court." (Williams Reply at 8.) This appears, however, to have been based on a misunderstanding. Defendants indicate that "the Plan explained that the state court lacked jurisdiction to enter 'restraining orders or injunctions' against the Plan - not that [the state court] lacked jurisdiction to enter qualified domestic relations orders to adjudicate Williams' claim for benefits." (Producer-Writers Guild Mot. at 5 n.3.) The problem is not that this court lacks jurisdiction to hear the case but rather that the same case is being heard in state court.
B. Motion to Disqualify Counsel
Ms. Williams also moves to disqualify opposing counsel (apparently including Neelam Chandna, J. David Sackman, the law firm of Reich, Adell & Cvitan, Jeremy M. Mittman, Kara L. Lincoln, Myron D. Rumeld, and the law firm of Proskauer Rose, LLP) on the ground of a conflict of interest. (Mot. to Strike at 3-5.) She argues that the Writers Guild of America owes duties to its members, whereas the Producer-Writers Guild of America Pension Plan owes duties to both Plan participants and their beneficiaries. "The problem is that the Plan Directors . . . consist of 'Employer Directors and Union Directors collectively,' all of which are parties to the 'collective bargaining agreement,' whose primary responsibilities are to Writers Guild or 'Union' members, not their families." (Williams Reply at 4.) "Counsel now claiming concurrent representation of both the Guilds and the Plan, have and continue to operate under substantial conflict of interest in attempting to represent the Guilds' interests and incentives and the Plan's interests as fiduciaries owing the duty of disclosure and preservation of pension benefits for Alternate Payees pursuant to domestic relations orders. . . . Clearly, the interests of the Guilds are divergent to those of the Plan. Counsel's attempt to juggle the interests of both the funding source of the pension plan and the Plan's duties and responsibilities as fiduciaries, constitutes a glaring conflict of interest." (Williams Reply at 4-5.)
Ms. Williams appears to be saying that Defendants have conflicting interests and that the Plan, in particular, should be representing her interests, rather than opposing them. By this logic, however, it seems that there could be no case in which a Plan beneficiary and a Plan were on opposing sides. The court recognizes that Ms. Williams feels that the Plan is working against her when it should be assisting her, but the court does not see any grounds on which to disqualify Defendants' counsel.
C. Motion for Reconsideration
The court has already rejected a preliminary injunction and one motion for reconsideration, and Ms. Williams now presents no previously unavailable facts or law. The court once again declines to reconsider the Order Denying a Preliminary Injunction.
The court sympathizes with Ms. Williams in her long struggle to obtain her child support payments. However, on the basis of the parties' submissions, the court must find that the state court proceedings concern the same issues as those raised by Ms. Williams in this court, that there is no basis to disqualify Defendants' counsel, and that there is no basis on which to reconsider the denial of a preliminary injunction. The court therefore GRANTS Defendants' Motions to Dismiss and DENIES Plaintiff's Motions. IT IS SO ORDERED.
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The World's Greatest Music
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The tragedy of Romeo and Juliet - Shakespeare's great romantic play - has inspired composers, opera producers, and ballet directors for centuries. Here is a selection of some of the greatest musical versions.
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Notable for its four duets for the main characters, this opera was a huge success for Gounod. It was soon parodied at the Théâtre Déjazet, as 'Rhum et eau en juillet' - 'Rum and Water in July'. The opera was first seen in London in July 1867 and remains a popular work in the repertoire. Pictured is the 2011 Opera Company of Philadelphia production.
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This painting is inspired by the Artfinder challenge started by Boris Novak. The idea of the challenge is to create a work of art with the title "Yoghurt Culture" inspired by a joke made by Louise Pirrotta about yoghurt being the only culture in her home area.
This 30x30cm painting has been created with acrylic paints on gessoed board. It depicts my favourite vanilla yoghurt. I consider it one of the most healthy and tasty snacks. I love the taste and consistency as well as the shapes it takes if stirred or dripped. This painting is varnished with a glossy varnish
I make sure my scanned paintings are as close to reality as possible, however please remember that colors may vary depending on the screen and your computer settings.
This painting comes with a Certificate of Authenticity that will be included in the package.
acrylic paints on board
Acrylic painting by Kate Oleska
Charcoal drawingby Kate Oleska
Oil paintingby Kate Oleska
Oil paintingby Kate Oleska
Oil paintingby Kate Oleska


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25 Easy to Make Homemade Jewelry Crafts
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"This is another project that deserves a five-star rating for its bright idea. I'm forever in awe of people who come up with new and novel ideas that make life easier and more convenient without breaking the bank or giving much effort. This Afghan with Sleeves Crochet Pattern is so beautiful and practical, you are not limited to just snuggle under an afghan when feeling cold. You can use this afghan and still be able to use your hands freely sitting or lying down on a couch. This is so lovely, it can be a perfect gift to your mom, sister, brother, grandma, any member of the family actually. Let's go and make this wrapghan."
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Charming Heart Bracelet
By: Ann Dillard for Beadalon
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Create this heart bracelet using gold metal hearts and rondelle beads.
- 10" .018" 49 strand Beadalon bead stringing wire
- One small gold toggle clasp
- Two 2" gold head pins
- Two #2 gold crimp tubes
- Six 8mm decorative gold metal hearts
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- Eight 3mm red faceted fire polish beads
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- BeadStrom™ Chain nose pliers
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- Nipper Tool
- Thread one heart bead onto headpin and wrap top to make charm.
- Crimp Beadalon wire onto bar end of toggle clasp.
- String one small flower bead cap, three faceted rondelle's, one small bead cap, one 3mm faceted bead, one heart bead, one 3mm faceted bead, one small bead cap, three faceted rondelle's, one small bead cap, one 3mm faceted bead, one heart bead, one 3mm faceted bead, one small bead cap, two faceted rondelle's, one small bead cap, one heart charm, one small bead cap, two faceted rondelle's, one small bead cap, one 3mm faceted bead, one heart bead, one 3mm faceted bead, one small bead cap, three faceted rondelle's, one small bead cap, one 3mm faceted bead, one heart bead, one 3mm faceted bead, one small bead cap, three faceted rondelle's, one small bead cap.
- Crimp on other end of toggle clasp. Thread one heart bead onto head pin and attach charm to clasp where you attached Beadalon and wire wrap closed.
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mulberrygalprinces s
Jun 13, 2016
I made one very similar to this one but not in wire. I didn't have the tools to do it. I made it with cord and it turned out just fine. I used the same type beads and findings. If you aren't into working with wire, try it the way I did and you will be amazed.
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Naomi Campbell lands 3 covers for Vogue Brasil May 2016 issue. Photographed by Gui Paganini, Bob Wolfenson, and Zee Nunes. The fashion styling was done by Yasmin Esterea, Daniel Ueda, and Pedro Sales. Makeup was done by Renee Garnes, and hair styling by Daniel Hernandez. Below is Naomi's complete editorial spread for the May 2016 issue. Image Vogue Brasil
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- The benefits of your service: This is where you need to get very specific. You need to be quite clear on what advantages you can offer to your clients. If you are a graphic designer, you could offer several years of design and advertising experience, which translates to better quality Web sites for your clients. You might also highlight your affordable rates, which is a distinct advantage over competitors. It's important to know what problems you can solve and what advantages you have over other companies when you are pitching your work. If you can't articulate the advantages your company offers, you won't gain the clients your business needs to survive.
- Similar services in your area: Finally, assess how many other services like yours exist in your area. If there are dozens, you may not be able to break into the market effectively, so be thorough about this part of the process. Can you make your service different somehow, to edge out competitors? Can you offer more to your clients than your competitors?
Once you complete your worksheet, you'll have a much better idea of who will use your business or service and why. That can help you target a market and understand how to reach it. But don't put the plan away; you're not finished. You still have several questions that cannot be answered until you actually implement your marketing plan. The worksheet is really just a beginning, and your business will continue to present questions. You should expect your marketing plan to change as your business grows.


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decided: July 9, 1976.
UNITED STATES OF AMERICA, PLAINTIFF-APPELLANT,v.ROBERT CRAIG, THOMAS J. HANAHAN AND LOUIS A. MARKERT, DEFENDANTS-APPELLEES
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division No. 74 CR 877 ALFRED Y. KIRKLAND, Judge.
Fairchild, Chief Judge, Swygert, Cummings, Pell, Sprecher, Tone, Bauer and Wood, Circuit Judges.
This interlocutory appeal by the government from an order granting defendant Markert's motion to suppress was originally heard by a panel comprised of Judges Cummings and Tone and Judge Robert L. Kunzig of the United States Court of Claims, sitting by designation. United States v. Craig, 528 F.2d 773 (7th Cir. 1976). The facts are set forth in the opinion of the panel majority.
The panel reversed the District Court's order but differed as to the grounds for reversal. All agreed that the existence of a privilege in this federal criminal proceeding was to be determined, not by the Illinois Constitution's Speech or Debate Clause, but by the federal law of evidence. The point of disagreement was whether the federal law of evidence included such a privilege. The majority, in an opinion by Judge Cummings, held that as a matter of federal common law, made applicable by Rule 501 of the Federal Rules of Evidence, Markert, a state legislator, enjoyed a common law speech or debate privilege which shielded him from inquiry into his acts as a legislator or the motives for those acts. The majority held that the suppression order should nevertheless be reversed because Markert, in testifying before the grand jury, had waived his privilege by answering questions concerning privileged matters rather than relying on his privilege. A concurring opinion by Judge Tone agreed with the result on the ground that there was no speech or debate privilege under the federal common law of evidence and did not reach the waiver issue. In summary, the concurring position was that the protection afforded state legislators under the federal law for acts done in their legislative roles is based on the common law doctrine of official immunity, the privilege is commensurate with the immunity, and since the immunity does not extend to criminal liability neither should the privilege.
After rehearing the case in banc, a majority of the court, Judges Pell, Sprecher, Tone, Bauer, and Wood, are persuaded that the views set forth in the panel concurring opinion are correct, and they vote to reverse on that ground. Judge Cummings adheres to the views set forth in the panel majority opinion, and concurs for the reasons there stated.
Since the reasons supporting the differing views of the in banc majority and concurring judge are fully set forth in the panel opinions, restating those reasons here would serve no purpose. The majority wishes to note, however, that the absence of a privilege has no relationship to the proof necessary to establish a crime involving official corruption; and that although a legislator's voting record and other legislative conduct is not privileged from inquiry it would not, standing alone, support an inference of wrongdoing or improper motive. Proof aliunde will be required.
Chief Judge Fairchild is of the view that the constitutional relationship between the states and the United States requires federal courts to recognize and honor the Speech or Debate Clause of the Illinois Constitution, but would hold that the privilege was waived for the reasons stated by the panel majority. Judge Swygert agrees with the panel majority as to the existence of the privilege and the reasons therefor but would affirm because he believes the privilege was not waived.
The order appealed from is reversed, and the case is remanded with directions to overrule the motion to suppress.
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Lee Broom Tile Table Lamp Small
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Bomba Estereo @ Village Underground
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Fresh Green Bean and Tomato Salad
Total Time
Prep 20 mins
Cook 6 mins
This recipe is adapted from the FoodNetwork from the Paula Deen Show
Ingredients Nutrition
- 1⁄2 lb fresh green beans, trimmed
- 1⁄2 cup green peas (fresh or frozen)
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- Serve over lettuce leaves.


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The Unseen Bits
Rob Brydon, Lee Mack and David Mitchell return for an episode of previously unseen material from the hit comedy panel show Would I Lie To You?
Over the course of each show, a stellar cast of celebrity guests reveal amazing stories about themselves, some of which are true, and some of which are not. The aim of the game is to fool the opposition into mistaking fact for fiction and fiction for fact.
Amongst the guests on David Mitchell's team are Jack Whitehall, Richard Madeley, Gabby Logan, Greg Davies, Richard Osman, Mel Giedroyc, Andy Hamilton, Chris Tarrant, Richard Bacon and Dale Winton, and those joining Lee Mack include Alex Jones, Jim Carter, Bob Mortimer, Miranda Hart, Alexander Armstrong, Kate Humble, Miles Jupp, Diane Parish, Dr Christian Jessen, Armando Iannucci and Clare Balding.
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|Lee Mack
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|Series Producer
|Rachel Ablett
|Series Producer
|Karen Murdoch


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Contributions by 184.108.40.206, Yankeesman312, and Barek.


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WRIT OF ERROR to the Criminal Court of Cook County; the Hon.
ELMER N. HOLMGREN, Judge, presiding.
Defendants George E. Von Rosen, Sidney Barker, and Ben Burns, upon trial by the criminal court of Cook County, trial by jury having been waived, were convicted of violating section I of the act to prevent desecration of the United States Flag (Ill. Rev. Stat. 1955, chap. 56 1/4, par. 6,) which declares it unlawful for any person to publicly desecrate the flag of the United States. They were each sentenced to pay a fine of $50 and costs. Direct review is sought in this court by writ of error.
The evidence shows that the three defendants were respectively, publisher, art director, and editor of a magazine known as "Modern Man." In the January, 1956, issue they published an illustrated story concerning artists' life in Paris, France. One of the illustrations is the subject of this prosecution. It depicted a young woman who was nude except for a large hat, sun glasses and a piece of cloth which covered the pubic area of her body. This piece of cloth, though the defendants question the fact, looks exactly like the flag of the United States.
The trial judge considered the publication of this picture an act of desecration of the flag of the United States within the meaning of the statute. He inferred that the defendants intended this consequence and thus found them guilty as charged.
Defendants seek to invoke the jurisdiction of this court upon the grounds (1) that the section of the statute under which they were convicted is invalid in that it is regulatory of subject matter within a field occupied by the Congress of the United States and (2) that they were denied freedom of the press as guaranteed to them by section 4 of article II of the Illinois constitution and the first amendment of the United States constitution.
We consider first whether the section under which the defendants were convicted is invalid in that it is regulatory of subject matter within a field occupied by Congress. In the recent case of Commonwealth of Pennsylvania v. Nelson, 350 U.S. 497, three tests were set forth, any one of which is determinative of this question. These tests are: (1) whether the scheme of Federal legislation is so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it; (2) whether the Federal statutes touch a field in which the Federal interest is so dominant that the Federal system must be assumed to preclude enforcement of State laws on the same subject; (3) whether the enforcement of the State law presents a serious danger of conflict with the administration of the Federal program.
It is contended the Federal statute (U.S.C.A. Title 36, secs. 173-178) codifying existing rules and customs pertaining to the display and use of the flag for civilians or civilian groups or organizations not required to conform with regulations promulgated by one or more of the executive departments of the Federal government shows that Congress has left no room for the States to supplement this subject. The Federal legislation gives the official sanction of Congress to existing and widely approved rules for the respectful and patriotic use of the American flag, and is in a field in which the Federal interest is dominant.
However, the history of the flag acts of the various States reveals that they were enacted for the purpose of preventing breaches of the peace resulting from improper use of and disrespect to the flag. This conduct was notably evidenced during the election of 1896, and as a result an association was formed for the purpose of bringing about legislation proscribing improper use of the flag. (See sec. 9A Uniform Laws Annotated 32, for historical comment of the Commissioners on Uniform State Laws.)
The Illinois act was thus enacted for the prevention of breaches of the peace within its borders, and touches a field in which the State's interest (preservation of public order) is dominant although remotely affecting the Federal interest. If this remote effect on Federal legislation produced a result inconsistent with the objective of the Federal statute, the State statute would be invalid. (Rice v. Santa Fe Elevator Corp. 331 U.S. 218.) While it might be inferred that Congress has left no room for the States to punish desecration qua desecration, it cannot be inferred that Congress intended to prevent the States from prohibiting that which incites or tends to incite a breach of peace.
We are of the opinion that the Federal statute does not deprive the States of the power to regulate the conduct of its citizens toward the American flag, when such conduct is likely to produce a breach of the peace within their borders.
In applying the facts of this case, we find the record devoid of any evidence showing or tending to show that the publication of the picture by the defendants was done under such circumstances and was of such a nature likely to bring about the substantive evils the legislature sought to prevent. Since the evidence is insufficient to show the likelihood of a breach of the peace, section I of the Illinois act cannot be constitutionally applied to these defendants.
In view of our holding, it is unnecessary to consider the other assignments of error by the defendants.
The judgment of the criminal court of Cook County is reversed.
Judgment reversed.
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text: I am new in iPhone devlopment (actually I am Java developer). I play with iPhone for fun. During my tests with programming an iPhone I found really big problem with processing binary (not xml decrypted) com.apple.springboard.plist file. I would like to ask you for help. I set all environment for my iPhone (Xcode with SDK 2.1 - currently 2.2, Jailbroken iPhone 2.2, etc.) I am able to build app and test it on my iPhone directly from Xcode. Also I tested some UI functions - everything seems to be ok, BUT... Yes, but I am not able to process plist files. When I run following code in applicationDidFinishLaunching: NSMutableDictionary *springBoardConfiguration; springBoardConfiguration = [[NSMutableDictionary alloc] initWithContentsOfFilePlease Register or Log in to view images"/private/var/mobile/Library/Preferences/com.apple.springboard.plist"]; NSString* lock = [springBoardConfiguration objectForKeyPlease Register or Log in to view images"SBAutoLockTime" ]; if (lock != NULL) { NSLog (lock); } else { NSLog(@"NULL"); } it always returns NULL for me. Could you make simple complete app example how to retrieve keys form such plist files? It seems that my app is not able to retrive this file at all. Second thing, I am also not able to run system() command from the code... I tried this also in applicationDidFinishLaunching function: int out = 0; out = system("/usr/bin/plutil -v -1 -i SBAutoLockTime /private/var/mobile/Library/Preferences/com.apple.springboard.plist"); NSString *log = (NSString *)[NSString stringWithUTF8String: out]; NSLog(log); The command never runs, I always get -1 as a result (it should return 0 as a result when command running is finished successfully). Thanks in advance for your help. kam20.


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Blacky's profile
- Vegan
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- Vegan
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- new brunswick, canada
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|Variety Cleaniness Bright Chee... Variety Cleaniness Bright Cheerful
|The Cackling Goose Market... The Cackling Goose Market and Bakery Cafe
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|Sackville's Best kept Secret Sackville's Best kept Secret
|The Bakery at Cranewood The Bakery at Cranewood
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June 15 2010: New Tunes
The Foals new album Total Life Forever is out today on Sub Pop Records. You can download a remix of "Spanish Sahara" here plus mp3s from The Dum Dum Girls and Black Lips.
You can download the following mp3s individually OR play them all in a row. Click on the artists at the right under Related Downloads to learn more about each band and see similar music suggestions.
Dum Dum Girls - "Bhang Bhang, I'm A Burnout" {Sub Pop} [ mp3 ]
Black Lips - "Before You Judge Me" {Adult Swim} [ mp3 ]
Foals - "Spanish Sahara (Deadboy remix)" {Sub Pop} [ mp3 ]


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Product Description
Kid's will love the owl themed God Is Good Christian t-shirt. With a cute owl and a special very reminding us of God's goodness to all generations (including the littlest among us), what's not to love? "For the Lord is good and his love endures forever; his faithfulness continues through all generations" - Psalm 100:5.
Use Kerusso sizing chart to determine what sizing best suits you.
You're never too small to start changing the world! Did you know that 85% of all Christians accept Christ between the ages of 4 and 14? Kids have an enthusiasm that allows them to share with their friends in an open way. Kerusso Kids T-Shirts are designed to be both an encouragement to the wearer, and a witness to those (of all ages) around them of all!
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58,548pages onAdd New Page
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KMPX signed on in 1993 as the affiliate of the Daystar Television Network before the network acquired KDTN in 2004.
TV stations in Dallas-Fort Worth
Defunct stations:
| Radio stations: KBOC | KEBN | KBUA | KBUE | KHJ | KJOJ | KJOJ-FM | KNOR | KQQK | KRQB | KTCY | KTJM | KVNR | KWIZ | KZMP1 | KZMP-FM | KZZA
Television stations: KETD | KMPX | KRCA | KPNZ | KSDX-LD | KVPA-LD | KZJL | WASA-LD | WESV-LD
1Operated by Deportes Media under a Local Marketing Agreement.


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THOMASVILLE, GA. — Flowers Foods Inc. has priced $400 million of 4.375% senior notes due 2022. The company said it will use a portion of the net proceeds of the offering to repay long-term debt currently outstanding under its revolving credit facility. The balance of the proceeds will be used "for future acquisitions, general corporate purposes and working capital," Flowers said.
1Major financial challenges seen at CSM Bakery
2Snyder's-Lance to sell Diamond of California
3General Mills announces new global organizational structure
4Creativity clicking in cereal category
5Labeling 'healthy' snacks
( more )
3Nestle announces 'groundbreaking' discovery in sugar reduction
4Flowers settles Jamestown distributor lawsuit
5Former Cargill accounting manager admits to fraud
1Nature's Bakery to sponsor Danica Patrick during 2016 NASCAR season
2President-elect Trump nixes T.P.P.
3E.P.A. announces more robust R.F.S. for 2017
4Subway menu to feature multigrain flatbread
5Nestle announces 'groundbreaking' discovery in sugar reduction
to the PRINT edition, or click below for free INSTANT ACCESS to valuable news and insights in the Digital Edition.


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Elbow, 90, 316 SS, Comp, 3/8Inx1/2In
PARKER| Zoro #: G2091241| Mfr #: 6-8 CBU-SS
Zoro #: G2091241Mfr. Part #: 6-8 CBU-SS
$52.01 /ea
This item ships free. DetailsStandard ground shipping
Technical Specifications
|Zoro #: G2091241 Mfr #: 6-8 CBU-SS
|Basic Material: Metal
|Standards: SAE J514
|Body Material: 316 Stainless Steel
|Item: Male Elbow, 90 Degrees
|Tube Size: 3/8"
|Temp. Range: -425 Degrees to 1200 Degrees F
|Compression Thread Size: 1/2-14
|Fittings Sub-Category: Elbows
|Connection Type: Compression
|Max. Pressure: 5000 psi
|Pipe Size: 1/2"
|Country of Origin (subject to change): United States
Product Description
Male Elbow, 90 Degrees , Basic Material Metal, Body Material 316 Stainless Steel, Connection Type Compression, Tube Size 3/8 In., Pipe Size 1/2 In., Compression Thread Size 1/2-14, Max. Pressure 5000 psi, Temp. Range -425 Degrees to 1200 Degrees F, Standards SAE J514
Restrictions and Compliance
- This product has been manufactured to be compliant with the "Safe Drinking Water Act" requirements for low lead in potable (human consumption - drinking and cooking) and non-potable water applications (non-human consumption).
- ***
- This is a restricted item in CA, LA, MD, VT. It cannot be used for potable water applications.


text:
It's early but Cruz/Palin '16 is rolling off the tongue pretty easily right now. The only question for me is if he should even try for the GOPe nomination or start the Conservative Party. I'm definitely leaning to the latter but they need to start NOW. It will be too late after Christie or Rubio steal the nomination.
Christie just signed into law - gun control.
I don't think the conservatives are going to fall for his brand.


text:
In the Current Issue
Volume 131 - Number 3 - Fall 2016
Intelligence and the Iraq and Afghanistan Wars
Richard H. Immerman assesses the efforts of the U.S. intelligence community in Iraq and Afghanistan following the terrorist attacks of September 11, 2001. He argues that policymakers are primarily culpable for the missteps in the Iraq and Afghanistan wars and that intelligence played a larger role in efforts to terminate the wars than in decisions to engage in them.
Decision Making in Using Assassinations in International Relations
Warner R. Schilling and JONATHAN L. SCHILLING analyze how leaders weigh the costs and benefits of using assassination to advance their foreign policy interests. They conclude that the decision-making process is prone to bias, especially when dependent on the identity of the likely successor.
Democracy, Elite Bias, and Redistribution in Latin America
VICTOR MENALDO discusses the effects of democracy on redistribution in Latin America. He challenges the view that democratization has been a credible commitment to redistribution in the region. He argues that redistribution is unlikely if authoritarian elites can manipulate the rules of the democratic game.
The Impact of Voter Fraud Claims on Voter Registration Reform Legislation
MARGARET GROARKE examines the impact that claims of voter fraud has had on three cases of voter registration reforms in the United States. She argues that the opposition that these legislative efforts faced is best understood as a partisan strategy to redistribute the electorate.
The Causes and Effects of International Treaties
ROBERT L. BROWN analyses the relationship between state interests and the likelihood of international cooperation. He argues that while divergent interests create demand for treaty negotiations, converging interest are required for treaties to enter into force.
The Steady Leadership of George H.W. Bush: A Review Essay of Destiny and Power
Meena Bose reviews Jon Meacham's biography Destiny and Power: The American Odyssey of George Herbert Walker Bush. She finds that Bush's diplomatic expertise and collegial leadership style raise important questions about the role of the presidency in the American political system.
December 10, 2016
Book Reviews
The Fierce Urgency of Now: Lyndon Johnson, Congress, and the Battle for the Great Society, Julian E. Zelizer
Reviewed by RICK VALELLY
Scalia: A Court of One, Bruce Allen Murphy
Reviewed by WILLIAM P. MARSHALL FREE
China's Futures: PRC Elites Debate Economics, Politics, and Foreign Policy, Daniel C. Lynch
Reviewed by Andrew Scobell
Who Governs? Presidents, Public Opinion, and Manipulation, Lawrence Jacobs, James N. Druckman
Reviewed by SHOON MURRAY FREE
Making and Unmaking Nations: War, Leadership, and Genocide in Modern Africa, Scott Straus
Reviewed by Pierre Englebert FREE
Federalism on Trial: State Attorneys General and National Policymaking in Contemporary America, Paul Nolette
Reviewed by MARGARET H. LEMOS
Fatal Politics: The Nixon Tapes, the Vietnam War, and the Casualties of Reelection, Ken Hughes
Reviewed by RON MILAM
In-Your-Face Politics: The Consequences of Uncivil Media, Diana C. Mutz
Reviewed by ASHLEY MUDDIMAN
Overreach: Delusions of Regime Change in Iraq, Michael MacDonald
Reviewed by Tony Smith
About PSQ's EditorDemetrios James Caraley
Full Access
Join the Academy of Political Science and automatically receive Political Science Quarterly.
From the Archives
Why Americans Deserve a Constitutional Right to Vote for Presidential Electors
Demetrios James Caraley argues that the Constitution needs to be amended to give Americans the constitutional right they believed they had but the Supreme Court in Bush v. Gore denied--the right to vote for and select the president.
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text:
Person of Interest
Release Date: January 1st, 2007
Not Yet Rated|1 hr. 37 min.
Plot Summary
A sheriff (Elise Rovinsky) asks a psychic to help her solve a string of murders, but the sheriff's lover (Julie Bell) thinks the man is a fake.
Cast: Elise Rovinsky, Cuyle Carvin, Julie Bell, Kevin Cummings, Linda Cummins, Gideon Fountain,
Director: Christopher Ward
Genres: Mystery


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The housing of the TV box is slightly modified compared to its predecessors (the X7 and X8). There is a slide for the IR remote mounted and the power led much more visible as its predecessors. The Minix Neo X6 and the Z64 received the same enclosure.
The Minix Neo Z64 Android gets Gadgertgear.nl of 5 out of 5 Stars!
The Minix Neo Z64 is the first Minix androidbox with an Intel processor / Soc. The Z64 is equipped with the 64-bit Intel Atom Z3735F. This processor has four cores, 1.33 GHz. with Turbo Boost up to 1.83 GHz. L2 cache is 2MB.
Using the Intel Atom have access to the most powerful GPU (video processor) (Ivy Bridge) HD Intel Graphics.
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Great advantage of Windows 8.1 is that XBMC (XBMC is now known that goes by the name Kodi ) very good at working. XBMC for Windows existed for years and it was the first system where it was created. Thereby Kodi / XBMC works better on a Windows operating system to another operating system. Windows 8.1 offers so that respect a great advantage.
Updates take place via Fota updates.
Do you want to continue shopping or check out?


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Jim Parsons
Ay, Sheldon Cooper "I'm quite aware of the way humans usually reproduce, which is messy, unsanitary and involves loud and unnecessary appeals to a deity."
Jim Parsons continues to reign as the king of the small screen. Check out how much he makes as Sheldon Cooper on the Big Bang Theory here.
Jim Parsons is king of cable: The Big Bang Theory dominates ratings, rescues TBS
You wanna be! You wanna be a loser like me! See, even Sheldon Cooper is into Glee. xD
Preparan spin-off de The Big Bang Theory con la historia de un joven Sheldon
Acclaimed: Idris Elba was nominated for his role in Luther, while Jim Parsons won again fo...
'Big Bang Theory' Star Jim Parsons Takes on 'Man-Witch' -- 'Man-Witch' revolves around a school teacher who discovers he's a witch, marking Jim Parsons' first lead role in a feature film. -- http://movieweb.com/man-witch-movie-jim-parsons/
jim parsons is totally my tennis spirit animal.
Jim Parsons More
Jim Parsons on Sesame Street.


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Illustrator Spotlight: Ariel Davis
A selection of work by Brooklyn-based illustrator Ariel Davis. More images below.
A selection of work by Brooklyn-based illustrator Ariel Davis. More images below.
A selection of sculptures by Houston, Texas-based artist Angel Oloshove. More images below.
A selection of new work from artist Crystal Liu. Click here for previous posts. More images below.
Dutch designer Christian Heikoop playfully explores the "Normcore" fashion trend in which people consciously choose not to distinguish themselves. Intersecting fashion and design, Heikoop's project imagines the future of "Normcore" based on a few of its basic tenants: 1. "Raggedness" (secluding one's body from view), 2. "Anonymity" (keeping to one's self and dressing inconspicuously) and 3. "All-in-one" (limiting the options by which one distinguishes him/herself). See more images below!
Photographer Christoffer Relander combines images of jars with black and white landscapes taken in the south of Finland where he was born and raised. Adding to the nostalgia factor, Relander shoots these double exposures on medium format film, manipulating the photographs in-camera rather than using Photoshop, and the results are stunning.
See more images from "Jarred & Displaced", as well as a behind-the-scenes video by Anders Lönnfeldt, below.
A selection of drawings by Knoxville, Tennessee artist Anne Elizabeth Rochelle. More images below.
Our friends, artists Kamea Hadar and Tatiana (Tati) Suarez, just finished a beautiful mural on a drawbridge over the Miami River. This piece, created in collaboration with Olukai, marks the launch of Dredge Arts, a public arts initiative bringing revitalization to the historic Miami river. Tati was one of the first local Miami artists to be featured in the Goldman family's famed Wynwood Walls this year, and felt it was important for her to also give love to other parts of Miami.
The figures are wearing a traditional Haku lei with flowers from both Hawaii and Miami. The lotus flower in the middle is symbolic of the Brazilian legend of Vitoria Regia and is dedicated to Tati's cousin who recently drowned.
"The legend is about a girl who wanted to touch the moon. She reached for the moon's reflection in the water, fell in and never emerged. The moon felt pity for the girl, turning her into the flower that blooms beautifully during the moonlight. The Lotus is dedicated to my cousin. She herself was an artist and a beautiful human being who embodied all the same principles of Aloha."
More images of the collaborative mural below.
We're joining forces with our friends at Destination BC to spotlight some of our favourite photographers living and working in British Columbia, aka the beautiful place we call home. Next up is Jordan Manley! See more images and our interview with Jordan below!
Read More


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Simply put, Trine is a sexy looking game. The graphics are lush with detail and colour in all of the game's environments that include glowing forests, fiery castles, and gloomy caves.
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Bobby Zamora announces retirement after leaving Brighton
Former Brighton striker Bobby Zamora has announced his retirement from football.
Zamora, who turns 36 next month, has been without a club since his release by Brighton at the end of the 2015-16 season.
He has succumbed to a niggling hip problem that required surgery.
In an interview with his former Brighton teammate Adam Virgo published on the Championship club's website, Zamora said: "I think so, yes [his football career is over]. It was a frustrating time last year.
"My hip decided to let me...


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Tropical Cocktail
Total Time
Prep 2 mins
Cook 0 mins
A refreshing, Caribbean-inspired drink.
Ingredients Nutrition
- 1 1⁄4 ounces light rum
- 5 ounces pineapple juice
- 2 ounces grapefruit juice
- 1 dash grenadine
- Mix ingredients in tall glass filled with ice cubes. Garnish with a pineapple wedge.
Most Helpful
Really tasty and very easy to drink. Thanks for posting the recipe!
Ev, this is a great drink. Enjoyed at the end of a hot Aussie day. Thanks for sharing.
This is one simple drink, but so delicious. I didn't use the grenadine cause it would have been too sweet for us. Thanks Evelyn :) Made for 123 hit wonders.


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Chavers C Buster Larry
Po Box 905 Brewton, Alabama 36427(251) 867-2753
Print | Save | Directions
AboutChavers C Buster Larry is located at the address Po Box 905 in Brewton, Alabama 36427. They can be contacted via phone at (251) 867-2753 for pricing, hours and directions.
For more information contact Larry Chavers, Owner
For maps and directions to Chavers C Buster Larry view the map to the right. For reviews of Chavers C Buster Larry see below.
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Dixal Inc
7834 Travis Rd Brewton, Alabama 36426
Chavers C Buster Larry
2495 Whispering Pine Rd Brewton, Alabama 36426
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Key Contacts
- Larry Chavers
- Phone: (251) 867-2753


text:
As always, per Pro Football Focus:
(Note: They don't have the Redskins data done yet, but I'll review their snap counts when they're ready.)
– Tashard Choice started, got 8 snaps, fumbled, and never saw the field again. It was actually probably a good thing he fumbled in a weird way, as DeMarco Murray steamrolled the Rams for over 200 yards. Choice might not see the field the rest of the season. I mean that. I'll even take it a step further – Don't be surprised if the Cowboys cut Choice whenever Felix Jones is healthy to return. He's been terrible. Fumbles, and that play against the Redskins where he ran out of bounds while Dallas was trying to milk the clock was one of the dumber plays I've seen all year – not Ronnie Brown or Juqua Parker level, but still really bad. How can Garrett trust him at this point? I know I wouldn't.
– DeMarco Murray had 43 snaps, and Phillip Tanner had 12 to round out the rest of the RB snaps.
– Tyron Smith and Montrae Holland each missed 3 snaps. Apologies, but this is just a guess (because I didn't watch the end of that game when Kitna came in), but I think that was just a situation where the Cowboys were just getting their best OL so far this season (Smith) and their rickety old guy (Kosier) off the field in garbage time. Kevin Kowalski and Jermey Parnell filled in.
– John Phillips had been getting some work at FB in addition to TE. He was looking like a major up and comer last preseason, but an ACL tear seems to have stunted his progression as an NFL player. He hasn't been good this year. Phillips' snaps were down to 9, his lowest of the season. Tony Fiametta got 39, and played well.
– I think we should do a Bradie James / Keith Brooking recap on the season so far. Sean Lee is getting almost all the snaps at one ILB spot, while James and Brooking have split duties as the other. Here's that breakdown:
– Pro Football Focus lists Frank Walker as having played SS for 22 snaps. They also list Gerald Sensabaugh and Abe Elam as playing the entire game. I'll have to take a closer look at how Walker was used. My guess would be that he was in during mop up time, but I'm wondering if the Cowboys did indeed use some 3 safety sets while the game was still competitive (and I use that term loosely). Apologies again for guessing. Anyway, for a guy that has been a marginal pro his entire career that the Cowboys signed off the street a few weeks ago, Walker has been pretty good this season.


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