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Movies, movies, movies
September 27, 2015 Every once in a while Deb and I enjoy an afternoon delight. We stop at one of our local restaurants to enjoy a late morning breakfast and then go to one of those afternoon movies. more »»
Toledo Farmers Market
September 25, 2015 Market Report for September 18, 2015 It was a dark, wet, rainy night for the Toledo Farmers Market. more »»
What's Happening at the Wieting
September 24, 2015 We will be having guests in Toledo and Tama on Friday and Saturday, Sept. 25 and 26. They are the Honda Gold Wing Road Riders motorcycle grou. more »»
"Why I am pro-life"
September 20, 2015 In 1977 prior to my first daughter being born, I started really considering life. more »»
Toledo Farmers Market
September 18, 2015 Market Report for September 11, 2015 Another Toledo Farmers Market has come and gon. more »»
What's Happening at the Wieting
September 17, 2015 The Clothes Closet gave the theatre money to run a free movie for the youth of the community. We played it on Sunday, Sept. 13. The movie was "The Duff", also available were concession. more »»
My political thoughts, (#3)
September 13, 2015 Last week, I said we'd talk about those Planned Parenthood videos that were secretly taped over a 30 month period by an organization called The Center For Medical Progress. more »»
Toledo Farmers Market
September 10, 2015 Market Report for September 4, 2015 With the Labor Day weekend upon us, market went fast. Everyone gathered their purchases and headed hom. more »»
My political thoughts, (Part 2)
September 6, 2015 So now right here in the great state of Iowa, Dr. Ben Carson and Mr. Donald Trump are in a virtual tie at the top of the leaderboard and Mr. Bernie Sanders is only a few percentage points behind Mrs. more »»
Toledo Farmers Market
September 4, 2015 Market Report for August 28, 2015 Oh what a night, late August 2015. It had rained all day off and on. Then there looked like there was going to be a break in the rain for the Toledo Farmers Marke. more »»
What's Happening at the Wieting
September 2, 2015 To continue my article about paranormal experience at the Wieting. We know of 9 appearances of spirits at the theatre. more »»
My polictical thoughts (Part I)
August 30, 2015 Isn't the political scene interesting to say the least? Whatever your political persuasion is, you gotta admit that it's anything but dull and borin. more »»
Toledo Farmers Market
August 28, 2015 There was plenty of vendors and plenty of items to be purchased from them at this Toledo Farmers Market. The crowd was massive at the beginning of market and soon thinned ou. more »»
What's Happening at the Wieting
August 27, 2015 We had a professional person who runs a paranormal business visit the Wieting. more »»
Heroes among us
August 23, 2015 It seems like just yesterday the kids were getting of school for the summer and now in short time, another school year is upon us. more »»
Toledo Farmers Market
August 21, 2015 Market Report for August 14, 2015 Fourteen vendors made it to the Toledo Farmers Market this Friday evening. more »»
What's Happening at the Wieting
August 20, 2015 Thank you to Bob Walton and his committee for a job well done for the Toledo High School all-class reunion. I know a lot of work went into getting everything done. more »»
Weekend getaway
August 16, 2015 Last weekend we packed the car up a bit and headed into Chicago for a couple of Yankee-White Sox baseball games as well as some sight-seeing. Two night was al. more »»
What's Happening at the Wieting
August 13, 2015 The date for Camp Creamery for 2016 is being looked at as a week later than we usually have it. It isn't set in stone just yet, but keep the last week of July available for the camp next yea. more »»
"Yer Getting' Old"
August 9, 2015 I never thought it would actually happen. more »»
News, Blogs & Events Web


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Mercator LightingMercator Remi 10 Light Chrome & Glass Pendant - CE74310$449.00 $369.00
The Remi 10 light pendant by Mercator lighting features a Chrome shade with decorative glass beads. The Remi pendant is fitted with G4 max 20W lampholders that are Energy saving and LED globe compatible. (Halogen Globes included)
Includes complimentary halogen globes. Consider purchasing LED globes to save on energy costs.
- Decorative glass beads
- Chrome shade
- 3 Wire suspension
- Wattage 10 × 20W max.
- Lamp G4 (Halogen globes included)
- Height 250mm
- Diameter 350mm

subset: commoncrawl


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Illinois Senate panel approves religious freedom act
Illinois has joined a growing list of states attempting to enact religious freedom protection bills mirroring the federal Religious Freedom Restoration Act of 1993, which the U.S. Supreme Court invalidated last year.
An Illinois Senate committee voted 10-0 on March 11 to approve a bill requiring religious believers be exempt from state laws that conflict with their faith.
The bill, which now heads to the full Senate, prohibits governments from burdening the free exercise of religion unless they have a compelling interest in doing so. Also, it would force governments to show their compelling interest is accomplished by laws using the least restrictive means possible.
The Coalition for the Free Exercise of Religion–the group that drafted the federal version that was successfully challenged by a Texas city last year–has been lobbying for Illinois lawmakers to pass the bill.
The U.S. Supreme Court in Boerne v. Flores ruled that Congress did not have constitutional authority to mandate a new standard for states to determine when the religious liberty rights of their citizens were in jeopardy. The high court's ruling let stand a lower federal court's decision that officials in Boerne, Texas did not have to show a compelling interest in its zoning laws that prevented the expansion of a Catholic church.
Coalition leaders, disappointed by the federal version's demise, promptly mounted efforts to encourage individual states to enact their own religious protection acts. They argue that judicial interpretation of the First Amendment's Free exercise clause has left religious believers vulnerable to an array of secular laws like zoning, anti-discrimination and immunization.
Other state legislatures working to enact similar legislation include California, Michigan, Georgia, Tennessee, Virginia and New Jersey. Coalition officials say they are nearing completion of a new federal version.
"Even though the U.S. Constitution and Illinois Constitution both provide for freedom of religion, it's critical to have religious freedoms protected by state law with an appropriate mechanism in place to determine whether a person's rights have been violated," said Sen. Kathleen Parker, R-Northbrook, a supporter of the bill.
Senate Minority Leader Emil Jones, D-Chicago, said he supports the bill, but is concerned it may be too broad and therefore may interfere with the state's ability to enforce laws.
"It's very broad in concept," he said. "People have been know to violate anti-discrimination laws if they have a religious reason to violate those laws. And what happens if a cop refuses to work on a murder case because he is against the death penalty?"
Coalition officials, however, argue that for years judicial interpretation of the free-exercise provision required religious believers to be exempt from non-discriminatory secular law. It was not until the high court's 1990 Employment Div., v. Smith decision that the a majority of justices ruled that the Free-exercise clause does not force governments to provide religious believers exemptions from non-discriminatory laws, like zoning and anti-discrimination laws.
The Illinois Senate is expected to vote on the religious freedom protection act by the end of April.


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5 responses. October 18, 2016 greg
First Lady of The TouchDown
Touch Central is looking for the first lady of the TouchDown. Download the TouchCentral app and and send us your name, surname and mobile number through our message […]
4Pipes Touch Convoy
The Touch Convoy is an elite, haute lifestyle, super car convoy driving experience created and hosted by Tbo Touch. The convoy is exclusive to the country's most affluent and influential individuals, in a secure and unforgettable road trip experience from Johannesburg to Bloemfontein. This experience is an unforgettable, one-of-a-kind get-away and has proven to be a huge safe and seamless success.
2 responses. September 25, 2016 touchcentral
Heritage Day Competition
This Heritage Month Touch Central is looking for that creative chef, painter or stylist to present their heritage through their craft. Post a picture of your creation, whether it be a sculpture, painting, gourmet meal, or design that best displays your heritage and stand the chance to win R5000 cash…
2 responses. September 9, 2016 touchcentral
Touch Central Launch Event
The Touch Central launch held on Monday 29 August, was hosted in a private, extravagant multi-million rand mansion in Sandhurst. The guest list consisted of South Africa's power players and executives such as Doug Mattheus exec head of marketing of Cell C, former CEO of SABC Phil Molefe, Minister of Sports and Receration Fikile Mbalula, Blue Label Telecoms Chairman Gary Harlow, Tokyo Sexwale, Carolyn Steyn and many more.
one response. July 29, 2016 touchcentral
Touch Central Press Release
Contrary to social media and press speculation about Tbo Touch's next move after leaving the SABC, in a press conference on Friday 29th July 2016, Touch disclosed an astonishing surprise announcement of launching an exclusive, online broadcasting enterprise in partnership with fellow radio pioneer Gareth Cliff, called Touch Central. The two promise to take radio and the world of broadcasting to new heights.


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WELCOME TO ADAM UK CONSTRUCTION Adam UK Construction Is a family run business which has been established more than 25 years in UK. Offering Premier London construction services in the industry. Offering a range of professional services . We have a dedicated team of professionals from Architects to professional tradesman. We specialise in building refurbishments , property renovations and bespoke services. Our quality and workmanship is guaranteed for 12 years. We undertake all types general maintenance for Residential , commercial and educational establishments. Providing a professional service for improvements ranging from plumbing to decorating. We provide a fully comprehensive service ranging from residential to commercial, as well as domestic building services. May be considering a new build home or that new extension, may be even a relaxing patio lounge. Our unique services at Adam Construction tailors for our client's needs or Architectural planning requirement's working closely with local planning authorities. PROPERTY MANAGEMENT SPECIALISTS We provide a personal tailored & professional service which over the years has gained much reputation for our high end quality projects at competitive prices. Adam Construction are a master building company in the industry with a dedicated team. Planning a spacious new kitchen, family room or that conservatory space to enjoy with your family! A new home Extension can increase the value of your property providing an investment for your future. Adam Construction will provide an initial face to face consultancy service, together we will tailor your requirements creating that special Home Improvement for that changing lifestyle. Our building services cover a range of services from small renovations to complete build projects. We will provide a tailored solution handling your project management from the initial planning concept to final completion. Providing and working with the best trade craftsman, interior decorators and builders. We undertake all types of Residential refurbishments, commercial office and educational projects. Adam Construction will also undertake building construction projects in the surrounding London areas (20miles) as well as the Central London areas A personal approach - We have a dedicated team of approved professionals from Architects to skilled craftsmen. We are Associate Members with following companies ! * Considerate Constructors * FMB (Federation of Master Builders) * CSCS (construction skills) * TRUST MARK (Government endorsed standards) * The Guild Of Master Craftsmen * Tradesman Liability Insurance covering £2,000,000
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24-7 Emergency Plumber based in Ealing. we serve London and surrounding areas .
HEDI group
Hedi Group Ltd manages associate team of specialists to include estimators, designers, architects, structural engineers, Part P & NICEIC certified electricians, Gas Safe certified heating engineers & plumbers, multi-skilled tradesman, suppliers & fitters of bespoke design kitchen, bathroom & bedroom furniture, Fensa certified supplier & installer of wooden windows & doors. We specialise in following from design & planning to turn-key stage: New build; Basement, extension & loft conversion; Full renovation; Bathroom & kitchen supply & fit; Wooden windows & doors supply & fit. Hedi Group Ltd is the fully insured company, all our services come with the workmanship guarantee. Free consultation & estimate provided to domestic and business customers.
Clean Energy Homes
Clean Energy Homes, the ECO-Renovation Company is specialised in domestic renovation projects such as full house refurbishments, extensions, conversions, kitchen and bathroom remodelling, internal alterations. Besides the usual works in building, renovation and project management, we implement our knowledge on Energy Efficiency and Natural Building Solutions in the projects. Our aim is to not only make a property nicer and more comfy, but to turn it into a more efficient home and a healthier environment to live in. This makes us different. With project managing the ECO-Renovations , we can carry them out from planning to completion. We always highlight the importance of the first phases of 'assessments' and 'planning' as this can help us to complete the project on time and on budget. We help you to sleep well. If you'd like to know more on ECO-Renovation or have a question about the way we work, feel free to give me a call to discuss any details.
We are property management company. Have been providing building contracting services throughout London for the past decade. We believe we have the best tradesmen available anywhere in London. Decorators, Painters, Tilers, Plasterers, Plumbers, Bathroom fitters
JK Property Services
JK Property Services are a High Quality Building Company with over 10 years experience, we offer you The Complete Building Service. The High Quality results come as a direct result of our Skilled Tradesman - we always follow best practice guidelines and never cut corners. We understand that recommendations are crucial in this business and we have a large database of satisfied customers and successful projects to be proud of. We have a great portfolio of projects, these include driveways, patios, landscaping, loft conversions, extensions, refurbishments & renovation projects including bathrooms, wet rooms & all general building work. We cover both domestic and commercial business, so for a FREE NO OBLIGATION quote please contact us today, we guarantee you won't be disappointed.
TPM Property ServicesCertificate of Excellence 2015
Tpm offers the complete service for your property from wetrooms to kitchens we have everything covered. Why go through the hassle of hiring 3,4 or 5 different trades when you can get everything sorted by one!? We have many happy customers throughout the Milton Keynes area and beyond from a bespoke bathroom to rental maintenance we really do cover everything. Why not give us a call for a free quote or even free advice for the DIY you might be doing this weekend!
We do complete bathroom and kitchen supply only or complete package deals supply and fit from start to finish .We also do 3D design for our customer to visualize their dreams bathroom and kitchen .
Innovate Property Solutions
Innovate Property Solutions are here for all your Property Maintenance and building needs. We specialise in domestic and commercial maintenance and refurbishments. The team come with combined experience across all aspects of the construction industry, from Gas Safe registered engineers to Qualified Electricians, to general Handymen. Coupled with a commitment and desire to ensure each and every client is left 100% satisfied post completion, the service is second to none!
KZ PCSCertificate of Excellence 2015
KZ PCS is a professional company and our clients can be assured of an efficient, integrated and professional service at every stage of the project - from inception and planning through to completion. All work and materials are fully guaranteed. On any stage of the project you have one KZPCS Team instead of many uncontrollable subcontractors. On a daily basis our client receives updates of the project's progress. With years of experience we are committed to deliver a top quality product and service, carrying out a wide variety of work from small domestic projects to larger commercial undertakings. Our team of friendly hard working builders take the job seriously and handle with care. We aim to give you the best possible product with our promise that every project goes as smoothly and stress-free as possible, no matter the size. We are happy to provide you with a free quote and professional advice. Call us today.
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CreoGlass Design is UK's Leading Glass Splashbacks and Worktops Specialist from Watford providing bespoke design as well as full measure and fit service. We also specialize in glass Designer Dining Tables, Coffee Tables, Decorative Wall Arts, Clocks and much more manufactured in our workshops in Watford. Please visit our factory showroom to see a library of over 600 different finishes and to meet our designers to discuss your project ideas in more detail.
Reliable building contractors Ltd
We are specialists in property refurbishments, extensions, design and installation of bespoke Kitchens and Bathrooms, Loft Conversion, Shopfitting and Bespoke Joinery. Najinz provide a wide range of home improvement and property maintenance services including plumbing, electrical, gas services, air conditioning and general maintenance services with a comprehensive back up service and guarantee in London. We have been established for 10 years and operate mainly in London areas within M25. A truly professional one-stop company providing the very best levels of service in the industry.
On Tap PlumbersCertificate of Excellence 2015
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24 hour emergency plumbing and heating company, covering all your plumbing, heating and gas needs including boiler repairs and installations
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About Us
The Clinton Community Library is located just 1/2 mile north of the 4 corners of Schultzville at 1215 Centre Road [County Road 18]. It is connected to the Clinton Town Hall.
View Map
Directions From The Kingston Bridge
- Head southeast on NY-199 E
- Turn right onto NY-9G S
- Turn left onto Slate Quarry Rd.
- Turn right onto Centre Rd. (approx. 2 mi.)
Clinton Community Library will be on the right.
Directions from Hyde Park
- Follow NY-9G N
- Turn right onto Hollow Rd.
- Turn left onto Centre Rd. (approx. 3 mi.)
Clinton Community Library will be on the left
Contact Us:
Clinton Community Library
1215 Centre Road
Rhinebeck, NY 12572
Phone 845-266-5530
Fax 845-266-5748
About the Library:
The Clinton Library was founded in 1965 and provided service as a reading room until 2003 when it was given a provisional charter status. The library is part of the Town Hall and Justice Court complex, situated on eight acres with an adjacent nature trail. Parking is free and abundant.
The library has 8,000 volumes, including a comprehensive children's collection and a basic reference collection. In addition, the library offers computer, fax, and photocopier services. Photocopy feeds: B&W – 20 cents/page, Color or double-sided – 40 cents/page. Fax: $1.00/page.
The library has two public computers available for use with free access to the Internet and word processing programs. Free WiFi is also available. Printing costs: B&W – 20 cents/page, Color – 40 cents/page.
Library cards are free for residents of the Mid-Hudson Valley. Please present an ID (e.g., driver's license) and proof of residence (e.g., postmarked letter). There is a $1 fee for a replacement card for lost cards.
Books and audiobooks may be checked out for 3 weeks. DVDs may be checked out for 1 week. To renew material, come in the library, call 266-5530, or log in to your account online. Patrons are responsible for overdue fines. Clinton Community library charges a $1/day late fee for DVDs and a 10-cents/day late fee for other materials. Other libraries in the Mid-Hudson system may have different fees, so please return materials on time to avoid being charged.
The library offers a broad complement of community programming including a monthly book discussion group, computer help and training, and adult coloring programs. It provides children's programming throughout the year including a weekly preschool story hour and a middle grades Battle of the Books team. Check our program calendar or call the library at 845-266-5530 for information.
Director: Teresa McGuirk
Board of Trustees: email@example.com
Barbara Burns
Sue Ellen Fairbanks
Matthew Pfisterer
Wilfred Relyea
Zachary Snow
Mary Pat Sternberg
Board of Trustees Agenda:
Board of Trustees Minutes:
November 14, 2016
October 17, 2016
September 12, 2016
August 8, 2016
June 13, 2016
May 9, 2016
April 11, 2016
March 14, 2016
February 8, 2016
January 11, 2016
Library Reports
Annual Report October 2015
Quarterly Report March 2016
Quarterly Report June 2016
Quarterly Report September 2016
Trustee Application:
2015 Final Budget
2016 Final Budget


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I wanted to add win 2003 server as ADC in win 2000 server domain.Is it possible to add, if yes then How?is there any extra steps has to be perform or what?.
Vishal Anand Sharma.
2003 member server in 2000 server domain
By binaryhunterz ·
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If you're asking for technical help, please be sure to include all your system info, including operating system, model number, and any other specifics related to the problem. Also please exercise your best judgment when posting in the forums--revealing personal information such as your e-mail address, telephone number, and address is not recommended.


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| View Exclusive AAUP Compensation Survey Data |
Kirstie Ramsey reflects on what would have been good knowledge when she was starting on the tenure track.
Twelve Native American women who are scholars of Native American studies have issued an open letter on Andrea Smith, a professor at the University of California at Riverside who is widely viewed as having falsely claimed for years to be Cherokee. (She is not current responding to questions about the matter). The letter, published in Indian Country Today, says that the discussions about Smith have caused a range of reactions, and that many worry about damage the field.
"Our concerns are about the profound need for transparency and responsibility in light of the traumatic histories of colonization, slavery and genocide that shape the present," says the letter. "Andrea Smith has a decades-long history of self-contradictory stories of identity and affiliation testified to by numerous scholars and activists, including her admission to four separate parties that she has no claim to Cherokee ancestry at all. She purportedly promised to no longer identify as Cherokee, and yet in her subsequent appearances and publications she continues to assert herself as a nonspecific 'Native woman' or a 'woman of color' scholar to antiracist activist communities in ways that we believe have destructive intellectual and political consequences. Presenting herself as generically indigenous, and allowing others to represent her as Cherokee, Andrea Smith allows herself to stand in as the representative of collectivities to which she has demonstrated no accountability, and undermines the integrity and vibrancy of Cherokee cultural and political survival."
The University of California at San Diego is suing the University of Southern California over the way a prominent scientist from UCSD was recruited to USC, The Los Angeles Times reported. The suit focuses on Paul Aisen, who with eight colleagues moved from UCSD to USC. Aisen won very large grants on researching Alzheimer's -- grants that UCSD say were awarded to that university and not to Aisen. The National Institute on Aging has confirmed that the grants are for UCSD, which has since named new researchers to lead the projects. But the suit accuses Aisen and USC of blocking access to some of the research data, and providing false information to some employees who were being recruited to USC. Litigation over a faculty move is highly unusual, but UCSD's suit says that USC's actions go beyond what is acceptable in recruiting faculty members with grants.
Aisen did not comment for the article. A statement from USC said: "We are surprised and disappointed that the University of California San Diego elected to sue its departing faculty member and his team, as well as USC, rather than manage this transition collaboratively, as is the well-accepted custom and practice in academia."
Faculty leaders at Clemson University have renewed a push to rename a campus building that honors Benjamin Tillman (right), a notoriously racist politician in South Carolina who was known for promoting and joining in violence against black people. Faculty members and students have been pushing for a change for some time, but the board has rejected the idea. Now, in the wake of the Charleston murders, nine past presidents of the Faculty Senate have issued an open letter calling for the board to reconsider.
"While renaming Tillman Hall will, in isolation, fail to secure a sustainable and more inclusive future for the university, it is far more than symbolic. It is an affirmation that honoring those whose station and legacy were achieved in significant measure via the vilest actions of intolerance has no place at Clemson University now or in the future -- even as the history, university-related role and scholarly study of those same individuals must have an indelible role in our educational mission. It is an affirmation that community matters; that ignorance can be replaced with enlightenment; that the administration and our board have a special responsibility as stewards of our institutional culture; and that we can hold, recognize, adapt to and share changing values."
David Wilkins, chair of the Clemson board, told The Greenville News last week that the board has no plans to rename the building.
The South is home for me, but to my students in Minnesota, it's an exotic place from which I am an ambassador. So when Dylann Roof massacred congregants at Emanuel African Methodist Episcopal Church in Charleston, S.C., last month and students began asking me about the killings and the debate they reignited over the Confederate flag, I did not know whether they sought my analysis as a scholar of the Confederacy and its legacies or my feelings as a transplanted Southerner. My uncertainty deepened because the questions came between semesters, from men and women who had taken courses with me last spring and would do so again in the fall. Did the timing of the questions change my relationship to the people who asked them, and therefore inform which part of me -- the professor or the person -- answered?
The difference between my answers depends on whether I want my students to embrace or reject the polemic through which we discuss the Confederacy, its cause and its symbols, ascribing them to represent either virulent hatred or regional pride and nostalgia. In a "Room for Debate" feature on June 19, The New York Times pitted former Georgia Congressman Ben Jones's views of the flag as "A Matter of Pride and Heritage" against three authors who emphasized the flag's postwar uses as a banner for Jim Crow violence, reactionary resistance to integration and civil rights, and the most obdurate hate groups in the contemporary United States. Governor Nikki Haley invoked a similar framing in her speech calling for the South Carolina legislature to remove the flag from the state capitol grounds. The governor presented the flag's dual meanings on an almost equal footing; which interpretation a person chose, she implied, depended on their race. For white people, the flag meant honoring the "respect, integrity and duty" of Confederate ancestors -- "That is not hate, nor is it racism," she said of that interpretation -- while "for many others … the flag is a deeply offensive symbol of a brutally oppressive past."
In asking the South Carolina legislature to remove the flag from the statehouse grounds, the governor posed the meaning of the Confederate flag as a choice, and she refused to pick sides because she understood the sympathies of those in both interpretive camps. Because many of those who honor the state's Confederate past neither commemorate nor act out of hate, in the governor's logic they are not wrong -- merely out of sync with the political needs of 2015.
As a person, I want my students to take sides in that polemic, to know that Confederate "heritage" is the wrong cause to celebrate in any context. I want my students to know that the Confederacy was created from states that not only embraced slavery but, as Ta-Nahisi Coates has demonstrated beyond refutation, proudly defined their political world as a violent, diabolical contest for racial mastery. I want them to understand that the Civil War rendered a verdict on secession and, in the words of historian Stephanie McCurry, on "a modern pro-slavery and antidemocratic state, dedicated to the proposition that all men were not created equal."
I want them to scrutinize, as John Coski has done in his excellent book The Confederate Battle Flag: America's Most Embattled Symbol, the flag's long use by those who reject equal citizenship. I want my (overwhelmingly white) students to grasp why the flags of the Confederacy in their many iterations -- on pickup trucks, college campuses and statehouse grounds -- tell African-Americans that they are not, and cannot be, equal citizens. I want them to feel the imperative in the words of President Obama's eulogy for Reverend Clementa Pinckney, in which the president claimed that only by rejecting the shared wrongs of slavery, Jim Crow and the denial of civil rights can we strive for "an honest accounting of America's history; a modest but meaningful balm for so many unhealed wounds."
As a historian, I want more. I don't want my students to simply choose sides in a polemic between heritage and hate; rather, I hope they will interrogate the Confederacy's white supremacist project on more complex terms. A simple dichotomy of heritage or hate misses something essential about both the Confederacy and the social construction of racism: then as now, you don't need to hate to be a racist. Many Confederate soldiers held views that cohered perfectly with the reactionary, violent and indeed hateful lens through which Dylann Roof sees race. After the Battle of Petersburg, Major Rufus Barrier celebrated the "slaughter … in earnest" of black soldiers and relished how "the blood ran in streams from their worthless carcasses."
But others, like Confederate officer Francis Marion Parker, grounded their commitment to white supremacy not in jagged words of hate, but in the softer tones of family. Explaining his reasons for going to war in a letter to his wife and children, Parker promised that "home will be so sweet, when our difficulties are settled and we are permitted to return to the bosom of our families, to enjoy our rights and privileges" -- that is, slaveholding -- "under the glorious flag of the Confederacy."
I want my students to see that men and women of differing temperaments and qualities supported the Confederacy's white supremacist project and justified their support through a variety of ethics, appeals and emotions. I want them to overcome rhetorical paradigms that allow modern-day defenders of Confederate heritage to divorce the character of the men who fought for the "Lost Cause" from the cause itself. I want them to think critically about how otherwise honorable, courageous men as well as vicious, hate-filled racists came to embrace a cause informed, in the words of Confederate Vice President Alexander Stephens, by "the great truth that the Negro is not the equal of the white man, that slavery, subordination to the superior race, is his natural and normal condition."
I hope my students will draw a bit from both of my answers, bringing careful scrutiny of the past into dialogue with the urgency of the present. As they do so, I hope they will think a bit about what historical meaning is and why history demands their scrutiny. If history becomes a mere servant of contemporary "truthiness," reduced to selective anecdotes deployed as weapons in polarizing debates, then we are merely choosing camps in a contest of identities. Such one-dimensional choices leave space for those who equate the Confederacy with nostalgia and a kind of inherited pride to use the Confederate flag as shorthand for who they are and where they come from without any mention of race or white supremacy. Yet if historical interpretation remains antiquarian and refuses to speak to the present, it leaves us self-satisfied in the illusion that we have transcended the people and societies we study. One day generations yet unborn will scrutinize us and find us wanting, too. If we critique the people of the past and the choices they made not only with an eye to distancing ourselves from their worst extremes but also with a sense of how easy, how normal and how justifiable unequal citizenship can appear to be, the tragedy in Charleston and the history it invokes may teach a resonant lesson.
David C. Williard is assistant professor of history at the University of Saint Thomas, in Minnesota.
Clemens Heni, director of the Berlin International Center for the Study of Antisemitism (BICSA), has observed of Rhodes College history professor Jonathan Judaken that "he is not at all upset, worried or scared about Islamist anti-Semitism, although he knows that it exists." Instead, Heni writes, Judaken fears critics of Islamism, critics of left-wing anti-Zionism, and critics of mainstream anti-Israel propaganda. Perhaps these fears explain Judaken's recent attack on me, published here at Inside Higher Ed.
Judaken wrote in response to my report on a lecture he gave at the University of Rochester on March 23, 2015. My essay's title "Are Muslims the New Jews?" came from a flyer advertising his lecture, titled "Judeophobia and Islamophobia." Like his lecture, Judaken's attack downplays the legacy of Islamic anti-Semitism with evasive rhetoric and sentences like, "the real harm is the way anti-anti-Semitic hit men like Caschetta feed hate speech." Judaken portrays himself as a victim of "the new red scare" -- a wide-ranging, conservative conspiracy to which I am allegedly a party. In addition to labeling me a McCarthyite, his article contains a number of factual errors that require correction.
First, Inside Higher Ed gave his essay an inaccurate title, "Essay on being accused of being an anti-Israel professor." My essay makes no such accusation. In fact, the word "Israel" does not even appear in my 1052-word essay.
Second, Judaken erroneously attributes my article to Campus Watch and calls me "an appointed watchdog for Campus Watch." In fact, the article appeared on Robert Spencer's website Jihad Watch, and had nothing to do with Campus Watch, a project of the Middle East Forum, a separate organization.
Third, Judaken writes that I disparaged him in a "pastiche of falsehoods, innuendos and quotes out of context," but he offers no evidence for this claim (ironically similar to Senator McCarthy's preferred tactic), instead devoting a great deal of attention to repeating parts of the lecture I did not write about. In the 18 paragraphs of his attack, nearly half (paragraphs 7-14) make no reference whatsoever to what I wrote. What falsehoods? What innuendos? What quotations out of context? I challenge him to produce evidence for these claims.
What I did write about: Judaken's use of Jacques Derrida's deconstruction technique to dismantle logical readings in favor of fanciful ones. I suggested that the theories and practices of post-modernist literary criticism are increasingly appearing in Middle East Studies. I called attention to the equivocation in Judaken's lecture, in particular where he downplayed and misrepresented both historical and current Islamic models of anti-Semitism and focused instead on exaggerated historical Christian models. For instance, the great weight he puts in the Catholic Church's 4th Lateran Council (1215) as the origin of Jews being treated as second-class citizens ignores much earlier examples of Islamic institutional anti-Semitism, such as the 7th-century Pact of Umar, which required Jews to wear clothing indicating their status and live in areas reserved for non-Muslims.
I also quoted Judaken's belief that the anti-Semitic content of Islamic tradition, especially the Koran and the Hadith, is "not that important" -- his words.
In both his lecture and his attack on me Judaken ignores the fact that legions of Islamists have quoted the Quran and Hadith to buttress their anti-Semitism. Instead he inexplicably transfers this outlook to me, claiming that I believe that anti-Semitic passages in the Koran "meant the same thing in the 8th century as they have come to mean in the new millennium." I make no such claim. Rather I point out that virtually every important Islamist thinker insists that Islamic texts are immutable, Muhammad's example is perfect and they are carrying out God's will by killing, converting or reducing to dhimmi status the Jews of the world -- something Judaken dismisses as "not important."
One staple of Islamist anti-Semitic rhetoric is the story of Mohammed's description of the end of times. According to various Hadiths, on judgment day the unrepentant (because unconverted) Jews will hide from Islamic justice, but the stones and trees will speak in order to expose them. Not only are variants of this story frequently quoted by Islamists, but polls reveal that it has widespread acceptance in Palestinian society. Indeed Article 7 of the Hamas Charter quotes this story, derived from the Sahih Bukhari and Sahih Muslim collections. Judaken's unwillingness to acknowledge anti-Semitic Islamist rhetoric is unacceptable, and especially for a scholar who purportedly studies anti-Semitism.
Judaken likens my thinking to Stalinism and Nazism, (guilty, as per his Hannah Arendt reference, of "the reduction of history to ironclad laws"), then concludes by what I read as painting me as a persecutor of Jews: "So what do I tell the members of my synagogue, fellow parents at the Jewish school my kids attend, my colleagues in Jewish Studies associations in America and Europe about why I ended up on Jihad Watch?"
Professor Judaken's friends and colleagues likely understand what seems to elude him: that he is an intellectual involved in a public debate; that those involved in this debate disseminate their ideas in a variety of publications; that having one's ideas challenged comes with the territory; and that he will not be subpoenaed and marched before the United States Senate to answer for his ideas, no matter how wrong they may be nor how petulantly they are expressed.
But instead he will play the victim, as his final sentence claims, and "tell them that the new McCarthyism has arrived." Sadly this tenuous grasp of the very term "McCarthyism"is common among many academics who hurl it at those daring to disagree with them, but it is particularly egregious in a professor of history.
Senator Joseph McCarthy (1908-1957) was chair of the Government Operations Committee from 1950 until 1954. In his brief reign, which earned him the eponymous neologism,he wielded the mighty heft of the federal government to cudgel his perceived enemies, ruining careers and reputations through accusations without ever presenting any real evidence. Decades later, the terms "McCarthyism" and "McCarthyite" have been appropriated and changed. No longer denoting undocumented accusations that damage careers because they come from a powerful governmental source, the terms have become the heavy artillery of a new kind of ad hominem attack, meant to be of the same magnitude as "bigot" and "racist." According to one of the foremost authorities on the subject, Harvey Klehr, professor of politics and history at Emory University, "the charge of McCarthyism is the last refuge of academics who are losing an argument."
My accuser resorts to the pejorative epithet in complete disregard of the facts. The federal government was not involved. There were no Congressional hearings. There was no chilling effect. My claims are illustrated with evidence while Judaken's are not. And finally I exert no authority over the funding of the Spence L. Wilson Chair in the Humanities held by Jonathan Judaken, professor of history at Rhodes College.
Judaken avoids these facts, preferring instead the hollow cry of oppression where none exists. Further, by parading his Jewishness in the conclusion he seeks protection from criticism of his views in an unfair way and slurs me by innuendo -- one of the hallmarks of genuine McCarthyism. Perhaps a new McCarthyism really has arrived.
A.J. Caschetta is a senior lecturer at the Rochester Institute of Technology and a fellow at the Middle East Forum.
In today's Academic Minute, Hal Haggard, a physicist at Bard College, describes the life cycle of black holes. Learn more about the Academic Minute here.
Twitter exploded late Tuesday with reports that the U of Memphis had fired a black female sociologist attacked for her comments about white people. The reports were false, but did the university's actions make it look like she'd been fired?
I fell in love with the grand reading room of the 42nd Street branch of the New York Public Library long before ever setting foot in the place. The occasion was Damon Knight's Charles Fort: Prophet of the Unexplained, the first biography of America's great chronicler of strange phenomena.
Fort, who died in 1932, tirelessly collected reports of spontaneous teleportation, poltergeists, downpours of frogs (the one in the film Magnolia is a nod to Fort) and mysterious objects hovering in the pre-Wright Brothers sky. He wrote about them with tongue in cheek, to mock scientific confidence in the fundamental rationality of the universe. It would be fair to call him a surrealist historian. Fort's irony went right by me at the age of 12, but I had a typical prepubescent interest in the paranormal (fueled in part by rumors that The Exorcist was so scary that it had actually killed members of the moviegoing public or driven them insane) and Fort's biography was shelved somewhere along that stretch of the Dewey decimal system.
Fort's interest in anomaly notwithstanding, it was Knight's description of an ordinary scene in the eccentric writer's daily life that burned itself into my memory as vividly as any episode of Kolchak: The Night Stalker. The passage is bit long, but as the evocation of a place and a mood it is magnificent:
"In the reading room of the New York Public Library, that mausoleum, designed by some schoolmaster with memories of hard oak, dust and gloom, there are men who sit day after day, bulwarked by stacks of books, scribbling, scribbling in the little pools of light from the green-shaded lamps on the long oak tables, and you look at them and wonder what will-o'-the-wisps they are pursuing day after day, year after year. One of them may be writing a history of dentistry in America, another studying explosives in order to blow up the world, a third gathering evidence that Shakespeare wrote the Bible. Their faces are pale and grim. The only cheerful people in that place are those who do not read the books, but only handle them as they come from the dumbwaiter, and set them on the counter like mouldy slabs of beef. Those who sit at the long tables day after day are dedicated men; some of them are brave men. There is death in old books from the stacks of a great library; the dust that impregnates their pages is death and darkness; the dust says, These are books that no one has opened for twenty years, fifty years, eighty years; and when you have written your book, it too will gather dust. White book dust, bone dust: garden dirt and axle grease are clean in comparison; they are living and unctuous; rubbed into the skin, they do good. The dust of books causes blains and hangnails; ingested, it provokes dyspepsia, flatulence, and heartburn; in the lungs it is cancerous. Who would not choose, if he could, to sit chained to an oar in a Roman galley, in the sunlight and salt air, rather than in this sunless crypt where, in the years from 1905 to 1920, Charles Fort sat? Many people must have wondered why he was here behind his tall stack of books: but one does not ask. Perhaps there is another like him there today, silent and determined under the green-shaded lamp."
Finally able to do research there 20 years later, I was disappointed to find the main reading room somewhat less gloomy than depicted. (A later visit to the manuscript archive proved more satisfactory on that score.) I was there on a hunch that there might be a review of C. L. R. James's World Revolution in a Canadian Marxist splinter group's newspaper from the 1930s, as indeed there was. Knight was right about dust -- the brittle paper flaked with every turn of the page. It was an experience of deep connection, both with the history I was there to study and with the countless geniuses and cranks who had worked at the reading room's long tables down the many years.
In 2012 it looked for a while as if Fort's specter might end up homeless. Efforts were afoot to transform the library -- to remove books from the shelves in its vast basement and send them to New Jersey, and replace the reading room itself with something more cheerful and revenue enhancing. A tourist-friendly spot, where you could get a coffee, perhaps, and check your email.
Plans to renovate the 42nd Street library only became public knowledge when Scott Sherman revealed it in a cover story for The Nation, where he is a contributing writer. Following his lead on the story, I wrote this column on the impending disaster. Anthony Marx, the library's president, responded with an article designed to mollify scholars -- who, as my reply indicated at the time, were not falling for it.
The more the word got around, the greater the outcry. There were letters. There were petitions. The library was flash-mobbed by a group called Books Not Billionaires. The architecture critic for The New York Times weighed in on the plan and found it wanting, not to say atrocious. By May 2014, the plan was dead.
Now in Sherman's book, Patience and Fortitude: Power, Real Estate, and the Fight to Save a Public Library, published by Melville House, we have the full story -- or as much of it as can be told at this time, given the refusal of some parties to be interviewed. The title might sound a little bit portentous, but it isn't: Patience and Fortitude are the two famous marble lions outside the library's main entrance. The sculptor did not christen them. The names are part of the building's lore, coined by Mayor Fiorello LaGuardia and adopted by patrons.
Sherman's deeply researched but swiftly paced account of the rise and fall of the Central Library Plan (as it was called) doubles as a record of how deeply the institution became rooted in the city's history and folkways since it opened its doors in 1911. None of which, it seems, counted for much in the scheme that was in place on the library's centenary.
From thousands of pages of documents he obtained under New York's Open Meetings Law, the author reports that the CLP, "conceived in the boom years preceding the recession of 2008, was a mystifying combination of austerity and devil-may-care overreach" that "was pushed along, in absolute secrecy, not by professional librarians but by a tight, core group of wealthy trustees from the worlds of finance and real estate."
Sherman credits the trustees with having had good intentions, but it is worth stressing that he found none of the pseudopopulist rhetoric about "democratizing the library" during the planning phase. That was secreted only when necessary, like ink from a frightened squid. Once details of the plan were made public and subject to debate, the rationalizations collapsed -- as the 42nd Street structure itself might have, given the deep architectural flaws in the proposed renovation.
Patience and Fortitude makes clear that if the library had a golden age (a decade or so on either side of World War II, by the author's reckoning) it has nonetheless had a long history of fiscal turmoil, and of leadership that was better suited to facing the challenges before it at some times than at others. What became an issue for the first time only in the most recent crisis was the fundamental understanding of the 42nd Street library as a world-renowned cultural institution that occupies some prime real estate, rather than the emphasis being the other way around.
Stone lions alone cannot defend such a unique location. Patience and Fortitude show how writers, teachers, students and scholars intervened before things reached the point of no return. Scott Sherman's book is certain to find appreciative readers, because it is one for readers, who desperately need an advocate once the money starts talking.
Kerry Ann Rockquemore has advice for a young academic who feels bad about every minute spent in anything but work.
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- News
- Gambling News
- Double Standards of US Politicians In Action
Double Standards of US Politicians In Action
26 February 2007
There's been a lot of talk recently through radio, articles and blogs regarding the double standard being used by the United States, most apparent lately in the area of gambling. As online gambling enthusiasts, we've seen US politicians assume the role of parent and pass judgment and legislation against the sins of online gambling and punished us by restricting the use of our own money in our own homes. And like recalcitrant children, we've bowed our heads and headed to our rooms for 'time-out' to contemplate our actions so we can better understand that our government is doing this for our own good. The only thing missing was Bill Frist mouthing the words 'this is going to hurt me more than it will you'.
I was born in West Virginia so when something hits the wire from there I just sort of gravitate to the news. Associated Press ran a story about West Virginia politicians and their support of legislation to add table games to the 4 casinos currently operating there. The politicians believe accepting legislation to allow card games to the current slots only venue would give the state a much needed edge to keep their customers from spending their money in another state. No vote yet, but politicians have spoken in favor of the bill.
A really interesting aspect of the article was the casino stats made available. Did you know that 37 states now have almost 900 land casinos operating today? With more being built?
Another story to hit the wire concerns the state of California and 5 First Nation applications for casino licenses to be approved there by the state legislative body. No one seems to think there will be any problems.
Are land based casino players not in need of moral guidance too? Apparently not when the government has a piece of the action. And there's the problem in a nutshell for online gambling. The government isn't controlling it and isn't profiting from it. Those dollars you spend online could be spent in a land based casino. The double standard… alive and well and living in the USA.
Related News
14 May 2010Canadian Man Pleads Guilty in U.S. Online Gambling Charge
Douglas Rennick, a Canadian man, has pleaded guilty to a count of processing offshore bets of U.S. citizens. Originally Rennick was looking at a charge of conspiracy and bank fraud. He had allegedly laundered $350 million dollars for overseas internet gambling companies. Rennick was indicted in August and on Tuesday entered a guilty plea to the one charge in New York Federal court. Part of the plea was forfeiting $17.1 million and a possible prison term of 6-12 months.Read full article
02 June 2010France to Award 30 Licenses for Online Gambling
Today the government of France approved a new online gambling bill. The bill passed the French parliament by a narrow 299-233 vote. The French will grant only 30 licenses to operate online casinos and poker rooms within its borders. Though it is now official and France says that licenses will be granted in time for the 2010 World Cup, not everyone is excited about the French market.Read full article
09 June 2010France Issues 11 Licenses For Online Gambling
France acknowledged that 11 companies have been granted license and have been registered to conduct online sports and horse race betting as well as online poker within France. According to Arjel president Jean-Francois Vilotte, the regulator of gaming in France, "There were 35 requests for licenses and we have retained 17 at this stage. None have been formally rejected.Read full article


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1370 Andrew Street SE, Kentwood MI, 49508
Sold Price:
4 beds , 2 Full/1 Half baths
2,200 sqft
Status: Closed
Last Updated: 12/10/2016 10:07 PM
Description for 1370 Andrew Street SE Kentwood, MI 49508
This 4 Bedroom, 2-1/2 Bath, 2 Story with approximately 2200 square feet finished, has a great layout and lots of neat features. There's extremely nice trees and landscaping, a private backyard, a huge master suite, a big family room with a fireplace, a formal living room, 4 upstairs bedrooms, plus a main floor office that could be a 5th bedroom! There is a 2-1/2 stall garage with a new overhead door, a glass sunroom, a big and very finishable basement, a round patio, a new 30 year roof this spring, and new exterior paint. It is just a super nice home in a great neighborhood! Come take a look!
Sold Price:
Sold Date:01/13/2015
City Of Kentwood
2 Full/1 Half
2,200 (approx)
Listing Information
City Of Kentwood
Public Sewer
Cable TV, Natural Gas
School Information
Room Information
Family Room
Interior Features
Dishwasher, Garbage Disposal, Convection Oven, Range, Refrigerator
Central Air, Ceiling Fan(s)
Gas Heat, Forced Air
Basement, Full
Exterior / Lot Features
Attached Garage, 2 Car Garage
Patio, Porch
108 x 118
Corner, Paved Road, Public Roads, Wooded
Driving Directions
Kalamazoo Ave. to Picket, West to Kimball, South 2 Blocks to Andrew SE.
Financial Considerations
Listing Price History
Kentwood Real Estate
Kentwood is located in Michigan. Kentwood, Michigan 49508 has a population of 48,877.
The median household income in Kentwood, Michigan 49508 is $48,333. The median household income for the surrounding county is $51,030 compared to the national median of $53,046. The median age of people living in Kentwood 49508 is 33.6 years.
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February 9, 2006
GENECCO PRODUCE, INC., PLAINTIFF,v.SOL GROUP MARKETING COMPANY, DEFENDANT.
This is an action pursuant to the Perishable Agricultural Commodities Act of 1930 ("PACA"), 7 U.S.C. § 499a et seq. Plaintiff Genecco Produce, Inc. ("Plaintiff") commenced this action against defendant Sol Group Co. ("Defendant") after the United States Secretary of Agriculture ruled against plaintiff in an administrative proceeding. Now before the Court is a motion for summary judgment [#56] by defendant. For the reasons that follow, the application is denied.
This action involves a dispute between the parties over payments allegedly owed for eleven separate shipments of watermelons. All the invoices were designated as "FOB Pompano".*fn1 The invoices further listed the amount and general type of watermelon being sold, but not the grade of melon. Defendant demanded payment from plaintiff, and after plaintiff refused to pay the full amount demanded, defendant filed a petition with the U.S. Secretary of Agriculture, pursuant to PACA, 7 U.S.C. § 499a. A hearing was held before an Administrative Judicial Officer, who determined that plaintiff owed defendant a total of $38,328.28, plus interest and statutory handling fees.*fn2 Plaintiff subsequently commenced this action, pursuant to 7 U.S.C. § 499g(c).
During discovery, defendant took the deposition of David Genecco ("Genecco"), plaintiff's president. Genecco testified regarding his dealings with defendant's sales representative, Al Guzi ("Guzi"), generally as follows:
Al Guzi would call me up in the morning and say, you know, 'I've got three or four loads of cantaloupes to move. Help me out.' Okay? I'd say, 'What have you got to have for them?' And he would say, 'Well, do the best you can.' So we'd get the melons, I would send him two or three trucks that day for an example. We'd send the melons or cantaloupes, watermelons, whatever it was to where they went to. If the melons were good, they were accepted by the customer, I paid the man in full whatever we agreed on. [If] [t]he melons were bad . . . the customer got an inspection, we faxed him [Guzi] the inspection on the load. And he told me to do the best I could [o]n several occasions and sometimes the best you could do [was that] the product was not salable.
[When I could sell the melons] I would tell [Guzi] what I got for the stuff and he sent me a bill.
[Where there was a problem with a load,] [t]he customer would call me, I would call Al [Guzi] and I told Al that, 'Listen, this guy is not liking this.' And he says, 'Well, get an inspection." . . . So we get an inspection, I fax him the inspection, I say - call Al back. 'Al, what do you want to do?' He says, 'Will the guy work the load? Will he do the best he can? Will he handle the load?' Sometimes the customer would, sometimes the customer wouldn't. If the customer would handle the load, they did, we returned them what he had. And if they wouldn't handle it, sometimes you had more money in freight than you could get for the stuff. (Genecco Dep. pp. 24, 27, 30-31; 165-68 ) Genecco testified that he and Guzi understood that the sales were not actually f.o.b.:
Q: Did you send anything in writing back to Mr. Guzi disagreeing with the FOB Pompano designation on the document?
A: Listen. He knew we had a common relationship that I would send trucks to him an he put a price on the bill what it should be FOB and I paid for the freight. And as long as the stuff was good, I paid the freight and he gave me a bill for whatever the stuff was. Okay? As far as me being responsible for the fruit when it left that place, that was never the case.
Q: Mr. Genecco, did you send anything in writing to [defendant] disagreeing that the terms of this invoice were Pompano FOB?
A: I never agreed to it and I never disagreed to it. ***
Q: So you're refusing to tell me whether you sent anything in writing . . . [about] whether you disagreed with Pompano FOB[?]
A: I may never have done it in writing but we had a mutual understanding the way the deal was. I mean, we didn't just do this load, we did thousands of loads. (Id. at 48-50; see also, Id. at 106-107) (emphasis added) Genecco also testified that,
while defendant's invoices did not refer to a grade of produce, there was an understanding that the produce should be USDA No. 1:
Q: . . . . [D]id you ever send anything in writing to [defendant] advising [it] or Mr. Guzi that the terms of this sale invoice . . . were for a USDA grade -- a specific grade of the USDA melon?
A: Mr. Guzi knows the places that I sell to. He knows that the stuff needs to be U.S. Number 1 to get into the chain store people. And he knows that if it's not received by the chain store customers that I would handle it for him on the street. They why he used me. He -- again, we're in a verbal mutual respect area. As far as being on the paper, it's probably not on the paper, no.
Q: Did you tell him you want a specific grade of USDA melon for this transaction?
A: He knows that they've got to be good and they've got to be able to be sold.
Q: When I say 'did you tell' am I not -- is that -- am I not --
A: I'm not sure.
Q: Okay. When you say you're 'not sure', does that -- is that a memory issue or something else? In other words you don't remember?
A: No, I'm not sure. I may have, I may not have. I don't know. (Id. at 57-59 ) (emphasis added) Genecco testified that he did not have any specific recollection of sending inspection reports to Guzi concerning the eleven sales at issue here, but he is convinced that he did so promptly because that was his standard practice. (See, Id. at 97-99; 127-28; 153)
Defendant filed the subject motion for summary judgment [#56], and in support of the motion, submitted the Secretary's Decision and the full administrative record.*fn3
Defendant also submitted an affidavit from Guzi. In his affidavit, Guzi states that Genecco never objected to any of the terms in defendant's invoices. (Guzi Aff. [#59] ¶ 5) Guzi further denies that he ever agreed that the sales were anything other than f.o.b. sales, or that plaintiff was not bound by the sales price on the invoices. (Id. at ¶ 6) Guzi further states that all of the sales were made without any designation as to grade. (Id. at ¶ ¶ 10, 14) Finally, Guzi states that Genecco did not inform him of inspection results in a timely manner, but instead, faxed the inspection reports days or weeks later. (See, e.g., Id. at ¶ ¶ 11-12, 17)
In opposition to the motion, plaintiff submitted, inter alia, an affidavit from Genecco. In his affidavit, Genecco states that, as to each of the eleven sales at issue in this case, he and Guzi orally agreed that the sale was to be a consignment sale, not an f.o.b. sale, and that the melons were to be USDA Grade 1. Genecco further contends that there was no agreement as to price, but instead, he agreed to pay defendant "based on what he could get for the watermelons." (Genecco Aff. [#66] ¶ 9). Genecco states that, consequently, defendant's invoices were all incorrect, since they did not reflect the oral agreements. Genecco states that after receiving each invoice, he called Guzi and objected, and that, "Mr. Guzi would tell me not to worry about what was written, and we would discuss the true terms of the sale on the telephone." (Id. at ¶ 7). Genecco states that, "because of the amount of business conducted between [them]", he relied on Guzi's oral representations. (Id. at ¶ 8) Genecco states that, whenever he had a shipment of melons inspected, he "would immediately contact Mr. Guzi and let him know there was a problem", and further, that he "was rejecting the watermelons". (Id. at ¶ 13) Genecco states that he "believes" he faxed the inspection reports to Guzi, and that he considered these faxes to be "final rejection notice[s]."*fn4 (See, e.g., Id. at ¶ 28) Genecco states that, after rejecting the melons, "Guzi would either instruct [him] to sell as many of the watermelons as [he] could, and get as much as possible for the saleable watermelons, or he would instruct [him] to get a dump certificate." (Id. at ¶ 14)
Counsel for the parties appeared before the undersigned for oral argument on January 26, 2006. Subsequently, both parties submitted supplemental briefs. The Court has thoroughly considered the parties' submissions and the arguments of counsel.
The standard for granting summary judgment is well established. Summary judgment may not be granted unless "the pleadings, depositions, answers to inter-rogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). A party seeking summary judgment bears the burden of establishing that no genuine issue of material fact exists. See, Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 (1970). "[T]he movant must make a prima facie showing that the standard for obtaining summary judgment has been satisfied." 11 Moore's Federal Practice, § 56.11[1][a] (Matthew Bender 3d ed.). In moving for summary judgment against a party who will bear the ultimate burden of proof at trial, the movant may satisfy this burden by pointing to an absence of evidence to support an essential element of the nonmoving party's claim. See, Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). Once that burden has been established, the burden then shifts to the non-moving party to demonstrate "specific facts showing that there is a genuine issue for trial." Fed. R. Civ. P. 56(e); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986).To carry this burden, the non-moving party must present evidence sufficient to support a jury verdict in its favor. Anderson, 477 U.S. at 249. Summary judgment is appropriate only where, "after drawing all reasonable inferences in favor of the party against whom summary judgment is sought, no reasonable trier of fact could find in favor of the non-moving party." Leon v. Murphy, 988 F.2d 303, 308 (2d Cir.1993).
Plaintiff brought this action pursuant to 7 U.S.C. § 499g(c), which states, in relevant part:
Appeal from reparation order; proceedings Either party adversely affected by the entry of a reparation order by the Secretary may, within thirty days from and after the date of such order, appeal therefrom to the district court of the United States . . . . Such suit in the district court shall be a trial de novo and shall proceed in all respects like other civil suits for damages, except that the findings of fact and order or orders of the Secretary shall be prima-facie evidence of the facts therein stated. . . .
7 U.S.C.A. § 499g(c) (emphasis added). All this essentially means, however, is that on a motion for summary judgment in a PACA case, the "Secretary's findings [have] conclusive effect unless effectively rebutted." Frito-Lay, Inc. v. Willoughby, 863 F.2d 1029, 1033 (D.C. Cir. 1988). The prima facie validity given to the Secretary's findings creates a burden of production, which the non-moving party may satisfy by setting forth "specific facts showing that there is a genuine issue for trial." Fed. R. Civ. P. 56(e); Frito-Lay, Inc. v. Willoughby, 863 F.2d at 1032-33.
PACA provides that it is unlawful "[f]or any dealer to reject . . . without reasonable cause any perishable commodity bought or sold or contracted to be bought, sold, or consigned in interstate or foreign commerce by such dealer." 7 U.S.C. § 499b(2). PACA further makes it unlawful for any "commission merchant, dealer, or broker" to "fail or refuse truly and correctly to account and make full payment promptly." 7 U.S.C. § 499b(4). The Uniform Commercial Code ("UCC") applies to sales of produce under PACA, "where PACA is silent as to a material part of the transaction at issue." Tray-Wrap, Inc. v. Meyer, No. 90 Civ. 7688 (DLC), 1994 WL 710804 at *4 (S.D.N.Y. Dec. 20, 1994), aff'd 71 F.3d 404 (2d Cir. 1995).
Here, defendant, citing UCC § 2-201(2), contends that plaintiff is bound by the terms of the invoices, because plaintiff did not object to them in writing within ten days. (Def. Reply Brief [#68] p. 3) Article 2 of the UCC requires, with some exceptions not relevant here, that contracts for the sale of goods costing $500 or more be in writing. U.C.C. § 2-201(1) (McKinney 2006)*fn5 The U.C.C. further provides, in relevant part:
Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within ten days after it is received.
U.C.C. § 2-201(2) (McKinney 2006); FSA 672.201(2). As indicated, the objection under this section of the UCC must be made in writing, not orally. 2 ANDERSON U.C.C. § 2- 201:245 (3d. ed.) ("An oral objection, whether face to face or by telephone . . . has no effect and is the same as though no objection had been made by the receiving merchant.") However, there is no statute of frauds issue in this case, as both sides agree that there was an agreement. Accordingly, UCC § 2-201(2) is not applicable. Moreover, under § 2-201(2), a failure to make written objection to a confirmatory writing does not bind the receiving party to the terms of the writing in any event. Bazak Int'l Corp. v. Mast Indus., Inc., 73 N.Y.2d 113, 122-23, 538 N.Y.S.2d 503, 507-8 (1989) ("The consequence of a failure to give timely written notice of objection to a confirmatory writing is only to remove the bar of the Statute of Frauds. The burden of proving that a contract was indeed made remains with the plaintiff, as does the burden of proving the terms of the contract. . . . Thus, UCC 2-201(2) neither binds the receiving merchant to an agreement it has not made nor delivers an undeserved triumph to the sending merchant."); see also, General Matters, Inc. v. Penny Prods., Inc., 651 F.2d 1017, 1020 (5th Cir. 1981) ("[T]he terms of a unilateral confirmatory writing that satisfies the statute of frauds are not conclusive evidence of the terms of an agreement.") (construing FSA § § 672.201 and 672.202)
On the other hand, a merchant may become bound by different or additional terms contained in a written acceptance if he fails to object to them. In that regard, UCC § 2-207 states, in relevant part:
(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.
(2) The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless:
(a) the offer expressly limits acceptance to the terms of the offer;
(b) they materially alter it; or
(c) notification of objection to them has already been given or is given within a reasonable time after notice of them is received.
NY UCC § 2-207 (McKinney 2002); FSA § 672.207 (emphasis added). Here, however, plaintiff claims both that defendant's invoices materially altered the parties' oral agreements, and that it immediately objected to the invoices. Notably, under UCC § 2-207(2)(c), the objection need not be in writing. 2 ANDERSON U.C.C. § 2-207:130 (3d ed.) ("When an objection to an additional term is made by a party, it may be made in any form. The only reference made in the Code is to a 'notification of objection' that is 'given', and, thus, there is no requirement that the notice be in writing.") Consequently, there are issues of fact concerning the terms of the parties' agreements.
Defendant also contends that UCC § 2-202, the UCC's parol evidence provision, bars plaintiff from introducing parol evidence that contradicts defendant's invoices. However, § 2-202 would only bar plaintiff from presenting contradictory parol evidence if there was an agreement confirmed in written memoranda by each of the parties, or "otherwise set forth in a writing intended by the parties as a final expression of their agreement." N.Y. U.C.C. § 2-202 (McKinney 2002); FSA § 672.202. As one commentator has written,
[u]nder UCC § 2-202, a confirmatory memorandum or a written contract does not bar the introduction of parol evidence until it is determined by the court that the writing was intended as the final and exclusive statement of the parties' agreement. The mere fact that there is a writing does not give rise to any conclusion, inference, or presumption that the parties intended the terms to be final. The mere fact that there is a written agreement does not establish that the writing is the final or entire agreement of the parties.
2 ANDERSON U.C.C. § 2-202:43 (3d. ed.) (footnotes omitted) Moreover, even if the Court were to find that the invoices represented the parties "final expression of their agreement", plaintiff would still be entitled to explain or supplement the writing(s) "(a) by course of dealing or usage of trade (Section 1-205) or by course of performance (Section 2-208); and (b) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement." N.Y. U.C.C. § 2-202 (McKinney 2002); FSA § 672.202.
Here, the Court finds that there are issues of fact as to whether the parties intended defendant's invoices to be the final expressions of their agreements. For example, plaintiff never signed the invoices or otherwise affirmatively indicated that it agreed with them. City of Boca Raton v. Gold Coast Construction, 410 So.2d 174, 175 (5th Dept. (FL) 1982) ("Section 672.202, Florida Statutes (1975), did not prohibit the trial court from considering evidence outside these two unilateral memoranda: [Plaintiff's] bid . . . was not signed by [defendant]."); Shop Vac Corp. v. BCL Magnetics, LTD., No. 04-CV-262, 2005 WL 2739161 at *5 (N.D.N.Y. Oct. 24, 2005) (Holding that it was "unclear" whether a purchase order constituted the parties' final expression, because it was not signed); compare with Sintershoe Inc. v. Bankers Trust Co., 77 N.Y.2d 517, 569 N.Y.S.2d 333 (1991) (Finding that a confirmation slip was a final expression of the parties agreement where it was signed and contained the relevant terms); Alaska Russia Salmon Caviar Co., Inc. v. M/V "Marit Maersk", No. 98 Civ. 7685 (DLC), 2000 WL 145124 at *3 (S.D.N.Y. Feb. 2, 2000) (Finding, that an agreement was a final expression of the parties' agreement under UCC § 2-202, where "[t]he contract, signed by both parties and requiring changes or additions to be in writing, [was] complete and final on its face.") (emphasis added) and Battista v. Radesi, 112 A.D.2d 42, 491 N.Y.S.2d 81 (4th Dept. 1985) (Finding that an invoice was a final expression of the parties agreement where it was signed and contained all relevant terms). Moreover, plaintiff states that he routinely called Guzi and objected each time he received one of defendant's invoices, though Guzi denies this. In any event, on many of the invoices, Genecco crossed out the price term and wrote new prices, along with amounts representing his brokerage fees. Finally, on at least one occasion defendant requested that plaintiff provide a "price return", suggesting that, notwithstanding the invoice, the amount due to defendant was going to be computed based upon the price for which plaintiff had actually been able to sell the produce. (Id. at Ex. 39) Consequently, there are issues of fact as to whether the agreements were f.o.b. or consignment sales.
There are also issues of fact as to whether the parties agreed to the grade of the watermelons. As discussed earlier, plaintiff contends that the parties agreed that the melons would be USDA No. 1, while defendant contends that the melons did not have to be any particular grade. Accordingly, there are conflicting sworn statements on this point. Additionally, on several occasions, defendant completed internal "Notice of Complaint" forms, noting that plaintiff was complaining that the produce had failed to grade USDA No. 1, and adjusting the price downward, which could suggest that there was an agreement as to grade. (See, Guzi Aff. [#59] Exs. 8, 13, 21)
Finally, there are issues of fact as to whether or not plaintiff rejected the shipments in a timely manner. In that regard, the UCC provides:
If goods fail to conform to the contract, the buyer may "reject the whole." UCC § 2-601. The only requirement for notification of rejection is that it be made "seasonably." UCC § 2-602.*fn6 Specifically, there is no requirement that rejection be in writing. Moreover, "a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect to the goods and in the absence of such instructions to make reasonable efforts to sell them for the seller's account if they ... threaten to decline in value speedily." UCC § 2-603.
Four Seasons Wear, Inc. v. Titan Enters., No. 90 Civ. 7157 (MBM), 1991 WL 113295 at *3 (S.D.N.Y. Jun. 20, 1991)*fn7 Here, defendant contends that plaintiff's rejections were untimely, since plaintiff did not fax the inspection reports to defendant until long after the inspections were performed. However, Genecco maintains that he always gave defendant notice of rejection by telephone the same day that the inspections were performed.
Defendant contends that the Court should disregard Genecco's affidavit, because it contradicts his earlier deposition testimony on such matters as whether he discussed the f.o.b. terms with Guzi, whether he and Guzi agreed as to the grade of melon, and whether he objected to the invoices. In that regard, it is well settled that a party may not defeat a summary judgment motion by submitting an affidavit that contradicts his earlier sworn deposition testimony. Hayes v. New York City Dept. of Corrections, 84 F.3d 614, 619 (2d Cir. 1996). Moreover, the Court agrees that Genecco's affidavit conflicts somewhat with his deposition testimony. However, even if the Court were to rely solely on his deposition testimony, the Court would still find that there are triable issues of fact. Drawing all reasonable inferences in plaintiff's favor from Genecco's testimony, it appears that the parties engaged in possibly thousands of similar transactions, and that, while he could not remember discussing these particular eleven invoices with Guzi, he believed that, during the course of their business relationship, the parties had reached a standing agreement that was contrary to what was contained in the invoices. Furthermore, while he could not specifically remember objecting to the invoices or rejecting the eleven shipments at issue here, he believed that he had done so since it was his habit to do so.
For all of the foregoing reasons, defendant's summary judgment motion [#56] is denied.
So Ordered.
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