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Fox Guest David Clarke Defends Jeff Sessions' Racist Comments: "I Refer To Myself As ... Boy"
Video ››› ››› MEDIA MATTERS STAFF
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O'Reilly: "I've Got A Kids Book That I Want Millions Of Kids To Look At. That's What I'm Interested In, Not Making My Network Look Bad."
Fox News host Bill O'Reilly lashed out when asked about fellow Fox host Megyn Kelly's allegations in her new book that she was sexually harassed by former Fox CEO Roger Ailes, saying, "I'm not interested in making my network look bad." O'Reilly, who himself once settled a sexual harassment lawsuit with a Fox employee, insisted that Fox is "a good place to work."
On the November 15 edition of CBS This Morning, O'Reilly was asked about Kelly's book, in which she describes being sexually harassed by Ailes. O'Reilly initially responded calmly, calling Kelly smart and saying he hadn't read the book, but he became agitated and defensive when pressed by CBS anchor Norah O'Donnell about the sexual harassment allegations. O'Reilly insisted that Fox is "a good place to work," said that he's "not interested in basically litigating something that is finished," and he's "not going to buy into let's use the Fox News Channel as a piñata." From CBS This Morning:
BILL O'REILLY: I want to be very candid here, I'm not that interested in this.
GAYLE KING (CO-HOST): No?
O'REILLY: No, I mean, it's over for me.
NORAH O'DONNELL (CO-HOST): In sexual harassment? You're not interested in sexual harassment?
O'REILLY: I'm not interested in basically litigating something that is finished, that makes my network look bad. OK? I'm not interested in making my network look bad. At all. That doesn't interest me one bit.
O'DONNELL: Is that what she's doing?
O'REILLY: I don't know, but I'm not going to even bother with it. I've got a country that's in a transition, political transition. All right? I've got a kids book that I want millions of kids to look at. That's what I'm interested in, not making my network look bad.
O'REILLY: Look, it's open season, let's whack the Fox News Channel. I've had enough of it. It's a good place to work, all right? We do good work. We do honest work there. So, I'm not going to buy into let's use the Fox News Channel as a piñata. I don't think it's right.
O'Reilly was one of many Fox personalities who defended Ailes in the wake of a sexual harassment lawsuit filed by former host Gretchen Carlson in July, saying in an interview, "I stand behind Roger 100 percent," and calling Carlson's lawsuit "frivolous." After Ailes resigned amid building public pressure, O'Reilly falsely claimed that he hadn't commented on the sexual harassment claims against Ailes.
Since Ailes' resignation, it has become clear that sexual harassment is an institutional problem at the network. Kelly was one of over two dozen women who came forward after Carlson filed her lawsuit alleging that they had been harassed by Ailes. Former host Andrea Tantaros also filed a sexual harassment lawsuit, naming not only Ailes, but several high-level executives and the Fox News Channel as defendants. Tantaros claimed that her "tenure at Fox News devolved into a nightmare of sexual harassment by Ailes, Fox News's then-President, and others, followed by retaliation by Ailes and others despite multiple ongoing complaints by Tantaros." One of the Fox executives named as a defendant in Tantaros' suit was Bill Shine, who, according to the lawsuit, responded to Tantaros' complaint that she was being harassed by telling her "that Ailes was a 'very powerful man' and that Tantaros 'needed to let this one go.'" Shine was promoted to co-president of Fox News after Ailes' resignation.
The New York Times reported in July that Fox News has "a broader problem in the workplace" that went beyond Ailes. According to the Times, about a dozen women "said they had experienced some form of sexual harassment or intimidation at Fox News or the Fox Business Network, and half a dozen more who said they had witnessed it. Two of them cited Mr. Ailes and the rest cited other supervisors."
O'Reilly himself settled a sexual harassment lawsuit filed by then-Fox producer Andrea Mackris in 2004, which alleged that O'Reilly made "a series of explicit phone calls to her, advised her to use a vibrator and told her about sexual fantasies involving her." O'Reilly reportedly settled the lawsuit for "anywhere from $2 million to $10 million." O'Reilly was also named in Tantaros' suit, though he was not listed as a defendant. She alleged that he sexually harassed her by "asking her to come to stay with him on Long Island where it would be 'very private,'" and by "telling her on more than one occasion that he could 'see [her] as a wild girl,' and that he believed that she had a 'wild side.'"
Conservative media are defending Stephen Bannon, who was recently appointed as President-elect Donald Trump's chief strategist, amid growing backlash over his ties to anti-Semitism and white nationalists. While Bannon's appointment has been hailed as a victory by white nationalists, the push to normalize Bannon was aided by major newspapers that downplayed and ignored his extreme ties.
Fox News host Megyn Kelly waited until after the election to reveal that Donald Trump had inside information from Fox News about the question she would ask him at the first Republican primary debate, and to confirm that during the campaign former network chairman Roger Ailes was shilling for more positive coverage of the now president-elect.
Kelly's revelations came not on her news program before the presidential election when they would have mattered most for the American public, but in her forthcoming book, according to the New York Times review published November 10.
Look here, @megynkelly waited till after the election to drop eye-popping revelations about Donald Trump: https://t.co/yTX8n841BH
— ErikWemple (@ErikWemple) November 11, 2016
According to the Times' Jennifer Senior, Kelly writes in her book that Ailes repeatedly called her during the campaign to suggest that she was being unfair to Trump. Kelly's book indicates that Trump had prior, accurate knowledge that Kelly would ask him a "very pointed question" at Fox's August 2015 primary debate. Senior writes that this indicates that "parts of Fox -- or at the very least, Roger Ailes… seemed to be nakedly colluding with the Republican presidential nominee":
Then, the day before the first presidential debate, Mr. Trump was in a lather again, Ms. Kelly writes. He called Fox executives, saying he'd heard that her first question "was a very pointed question directed at him." This disconcerted her, because it was true: It was about his history of using disparaging language about women.She doesn't speculate where the leak came from. (She reports. You decide.) But that's another unambiguous takeaway from this book: Parts of Fox — or at the very least, Roger Ailes, the network's chairman until July, when he was given the boot after several allegations of sexual harassment were made against him — seemed to be nakedly colluding with the Republican presidential nominee.
Kelly's book comes as she seeks to negotiate a new contract. Fox News is pushing to sign her, reportedly offering more than $20 million a year. Executives at other networks are reportedly interested, but have not made offers.
Several journalists have reported that Ailes was advising Trump while running Fox News, but Kelly's after-the-fact acknowledgement of such blatant collusion is the first time a Fox employee has publicly admitted that Ailes was seeking to use his role at the network to aid his preferred candidate. Ailes' role as an informal Trump advisor continued after Ailes was forced to resign after numerous women at Fox -- including Kelly -- accused him of a decades-long pattern of sexual harrasment.
Senior unfortunately seems completely nonplussed at the journalistic ethics of holding such bombshells until after the election. Instead, she lauds Kelly as "this presidential election's unlikely feminist hero," "the intrepid gal reporter," "the hen in the Fox house," "fabulous, shrewd and self-possessed," a "superstar," and a "metabolic anomaly" who "willed herself into her own spectacular existence." As is typical for such glowing accounts of Kelly, the review comes with no acknowledgment of the actual content of Kelly's show, which regularly traffics in the same misinformation, fearmongering, and racial anxiety as the rest of the network's programming.
For her part, Kelly appears to have realized the journalistic peril caused by her post-election revelations and is seeking to do some damage control after her damning admissions circulated on social media:
For the record, my book "Settle for More" does not suggest Trump had any debate Qs in advance, nor do I believe that he did.
— Megyn Kelly (@megynkelly) November 11, 2016
Kelly wants to avoid the suggestion that Trump received actual debate questions from Fox because, in addition to the confirmation of collusion between the news organization and then-candidate Trump, her story raises specific questions of hypocrisy. Kelly provided harsh questioning and criticism of Democratic National Committee interim chair Donna Brazile, whose resignation from CNN was announced "amid fresh revelations that she sent questions to Hillary Clinton's campaign in advance of a CNN debate and a CNN-TV One town hall." "Can you imagine if this were a Republican had been fed a question by Fox News?" Kelly asked earlier this month. "You know, the different reaction we'd be seeing in the media?"
Following Brazile's resignation, Fox media critic Howard Kurtz commented that CNN "can't resolve the matter without the kind of transparency that news organizations regularly demand from politicians. And that means disclosing the results of the internal investigation and what steps CNN is taking to ensure such an ethical breach doesn't happen again."
Meanwhile, we now know Fox's chief was advising the Republican presidential candidate and using his position to sway coverage in his favor. What kind of "transparency" will Fox provide, and what steps will the network take "to ensure such an ethical breach doesn't happen again"?
CORRECTION: This post originally indicated Brazile was fired by CNN. In fact, she resigned.
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While promoting the release of her upcoming memoir on her Fox News show, Megyn Kelly has remained silent on her reported allegations in the book that she was sexually harassed and assaulted by network founder and former CEO Roger Ailes. This raises questions about whether the network will allow Kelly to discuss these allegations on their airwaves.
During the November 3 edition of her Fox News show, Kelly noted a last-minute revision she made to her forthcoming autobiography, Settle For More, about former Congressman Anthony Weiner, who is currently under investigation for an alleged inappropriate relationship with an underage girl. She also highlighted the "many contentious exchanges" with Weiner throughout her time as a Fox News host.
But Kelly did not mention the news that broke earlier that day about the book: Kelly reportedly reveals "explosive new charges against the network's founder, Roger Ailes." In her book, Kelly claims Ailes "tried to sexually assault her in his New York office and hinted she would be fired when she 'pushed him away'" according to Radar Online, which received an advance copy. Kelly claims she "was approached several times, and several times I refused," and Ailes' harassment didn't stop until she reported him to her supervisor:
Kelly claims in the book that he started to harass her, too, in the summer of 2005, a few months after she was hired as a legal correspondent in Fox's Washington bureau.
She writes that she was informed by her managing editor that she'd "captured the attention of Mr. Ailes" and she was summoned to the first of a series of meetings in his Manhattan office.
"Roger began pushing the limits," she alleges. "There was a pattern to his behavior. I would be called into Roger's office, he would shut the door, and over the next hour or two, he would engage in a kind of cat-and-mouse game with me — veering between obviously inappropriate sexually charged comments (e.g. about the 'very sexy bras' I must have and how he'd like to see me in them) and legitimate professional advice."
He offered to advance her career "in exchange for sexual favors," she writes, and even though she says she rejected "every single one," she claims he tried "physical advances."
But in January 2006, she claims, he "crossed a new line — trying to grab me repeatedly and kiss me on the lips." When she shoved him away, she alleges, "he asked me an ominous question: 'When is your contract up?' And then, for the third time, he tried to kiss me."
The Wall Street Journal, Fox News' corporate cousin, confirmed Radar Online's report.
Roger Ailes, the former chairman and CEO of Fox News, resigned his position at Fox following allegations from multiple women of sexual harassment and assault by the executive. Former host Gretchen Carlson first accused Ailes of "sexual harassment/retaliation" in a lawsuit after being abruptly fired by the network. Dozens of women have since accused Ailes of similar harassment, including Kelly. While these claims have been widely reported by the media, Fox has remained mostly silent about the reports of harassment on their airwaves, which speaks to the culture of sexism and misogyny at the network.
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A Media Matters analysis of cable news prime-time coverage of voter fraud and voter suppression efforts between October 27 and November 2 found that Fox News completely ignored or dismissed voter suppression in this time period while fearmongering about rare and isolated threats of voter fraud. MSNBC dedicated 10 segments to voter suppression and debunking claims of widespread voter fraud, while CNN discussed voter suppression twice and voter fraud once.
Over the past week, Fox News discussed voter suppression once once, during a November 1 O'Reilly Factor segment (via Nexis) where host Bill O'Reilly and The Five host Kimberly Guilfoyle dismissed concerns of voter intimidation. The two criticized a lawsuit alleging that Republican presidential nominee Donald Trump's campaign was intimidating voters by calling on supporters to challenge the qualifications of voters at the polls. During the segment, O'Reilly questioned, "How can you intimidate someone after they have already voted?" later calling the lawsuit "a total publicity stunt." Guilfoyle asked what the "point of the lawsuit" was and asserted that it was "going to fail."
In contrast, Fox News devoted two segments to fearmongering about voter fraud, one on The Kelly File and another on The O'Reilly Factor. On the October 27 edition of The Kelly File (via Nexis), Fox's Trace Gallagher reported on "voting machines flipping votes" in Texas and "a few other states," alleging that votes for Republicans had been suspiciously flipped to votes for Democrats. NPR also reported on this story but added the context that the likely problem with voting machines is that they are old, that voters "see it happen right in front of them on the voting machine screen" in the "handful" of reports, and that voters can easily fix the error:
Voters can usually change the selection to the right one before their ballot is cast. If not, they can let a poll worker know there's a problem so they can move to a machine that works. In many places, such machines also have paper ballot backups, if there's ever a question about the vote.
Trump appeared on the October 27 edition of The O'Reilly Factor (via Nexis), where he alleged that "there are 1.8 million people who are dead who are registered to vote, and some of those people vote." O'Reilly did ask Trump to provide data or facts on vote flipping in Texas, which Trump could not do: "No, they just call in," he said, presumably referring to people who have reported that their votes were flipped.
On MSNBC, however, hosts Rachel Maddow and Chris Hayes primarily focused on the threats of voter suppression in the 2016 election, with Maddow's show covering the topic in every episode over the course of a week and Hayes covering it during four of five episodes of his show All In. Last Word host Lawrence O'Donnell covered it once, combining to make a total of 10 discussions on the topic on MSNBC. When the shows covered voter fraud, the hosts always debunked the myth that it is widespread. For example, on the November 1 edition of Maddow's show, Maddow discussed the controversial Voter Integrity Project in North Carolina, which "famously claimed they had identified 30,000 dead people who were registered to vote" in the state and whose website once ran a piece headlined "Raping the Retard Vote." Maddow debunked the group's claims, stating:
RACHEL MADDOW (HOST): That story did get awkward when these supposedly dead people in North Carolina started turning up, raising their hands, talking to the press, making a pretty convincing case that they were, in fact, not dead. They were alive. We hosted an elections official in North Carolina at the time who confessed to us how many man-hours, how much work, how many resources the state was having to put in to chasing down these supposedly 30,000 dead people on the rolls after they got so much press.
Ultimately, they were not able to find a single instance of voter fraud despite all those headlines. They hadn`t been able to find any real dead people really voting.
MSNBC's hosts also noted that many of these voter suppression efforts have a disproportionate impact on minorities. During the October 31 edition of his show (via Nexis), Hayes explained that a North Carolina voter ID law was struck down for "deliberately target[ting] African-Americans with almost surgical precision in an effort to depress and suppress black turnout at the polls." Hayes noted that the Republican-controlled state and local government there targeted "the means of voting that they know will be disproportionately used by black voters."
Although CNN only discussed voter suppression twice, Don Lemon devoted a substantial portion of the November 2 edition of his show (via Nexis), CNN Tonight, to voter suppression in North Carolina and a lawsuit there brought by the NAACP. The lawsuit claimed that the "restrictive voting laws" in the state "are really designed to keep African-Americans from casting their ballots." Guest Irving Joyner, a professor at North Carolina Central University School of Law, highlighted the case of 100-year-old Grace Bell Hardison, an African-American woman who was nearly wrongfully purged from the voter registration rolls because a postcard the Voter Integrity Project sent her was returned unanswered.
CNN also had one significant discussion on voter fraud during the October 27 edition of CNN Tonight, where Lemon asked CNN contributor and Trump supporter Kayleigh McEnany what was "behind this rigging theme from the Trump campaign." Lemon pushed back on McEnany's claims that Obama said "people who are in power tend to tilt things their way," noting that is "very different than saying the entire system is rigged."
Media Matters searched CNN, MSNBC, and Fox News prime-time (8 p.m. through 11 p.m.) transcripts on Nexis between October 27 and November 2 for the following terms or variations of terms within 50 words of the terms and variations of "vote," "ballot," "poll," and "election": "suppress," "intimidate," "fraud," "impersonate," "dead," "fake," "watch," "monitor," "imposter," "improper," "integrity," "security," or "switch." Media Matters counted segments where voter suppression or fraud was the stated topic of conversation or monologue or there was an exchange of two or more people discussing the point in an exchange. These segments do not include mentions of voter suppression relating to voter enthusiasm.
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Media outlets praised Fox News anchor Megyn Kelly after her contentious interview with former Speaker of the House and current Fox contributor Newt Gingrich over allegations of sexual assault against Republican presidential nominee Donald Trump, declaring her a "feminist icon" and "a consistent voice for women's issues." But Kelly has hardly been consistent on "women's issues." She has a history of promoting falsehoods about Planned Parenthood, denigrating efforts to expand reproductive rights, disregarding the gender pay gap, and criticizing efforts to combat sexual assault on college campuses.
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Master of Nursing (Nurse Practitioner)
The information on this page applies to future students. Current students should refer to their faculty handbooks for course information.
The Master of Nursing (Nurse Practitioner) will enable you to build on your knowledge and experience as an advanced practice clinician, to develop the knowledge and skills to become a nurse practitioner, capable of working autonomously and collaboratively in a variety of health care settings in Australia.
You will learn how to use the latest evidence to inform your practice, enhancing your health care, case management and leadership skills. You will explore the broad socio-political, organisational, ethical and legal contexts that the nurse practitioner faces.
The course is underpinned by biological and physiological principles, as well as advanced assessment and diagnostic reasoning principles, pharmacology and quality use of medicines.
You will develop the knowledge, skills, and attributes required to develop initiatives in health care and policy, making a substantial contribution to future health care directions.
Inherent Requirements for Nursing courses
Course outline
Unit of Study information on faculty page
Study plan
The Master of Nursing (Nurse Practitioner) consists of 72 credit points (cp) or 10 units of study. Students studying part time will complete 48cp of theoretical units including one specialty elective unit in their first two years. Students in their third year study two practice-based units of study which collectively include 300 advanced clinical practice hours. The inclusion of these two units (one of which is a capstone) is designed to provide you with an opportunity to draw together the learning that has taken place during the award, synthesise this with their prior learning and experience and draw conclusions that will form the basis for further investigation, and intellectual and/or professional growth.
Further course information
Capstone experience
A capstone experience comprises one or more units of study designed by the faculty to provide students with an opportunity to draw together the learning that has taken place during the award, synthesise this with their prior learning and experience, and draw conclusions that will form the basis for further investigation, and intellectual and/or professional growth. For the Master of Nursing (Nurse Practitioner) all students complete a work-based project as a capstone experience.
Course outcomes and further study
Graduate opportunities
Graduates of this course will be recognised as having advanced knowledge relevant to the nurse practitioner application.
Course accreditation
Graduates of the Master of Nursing (Nurse Practitioner) will be recognised as having advanced knowledge relevant to the nurse practitioner application.
Further study
Outstanding graduates who wish to further their research in nursing may pursue the Master of Nursing (Honours) which is a research degree offered by the school. Graduates of the Master of Nursing (Honours) may be eligible to apply for a higher research degree in the courses of Doctor of Philosophy and Master of Philosophy http://sydney.edu.au/nursing/current_students/research_students/research_students_index.shtml
Admission requirements
A successful applicant for admission to the Master of Nursing (Nurse Practitioner) will hold:
(a) a pre-registration nursing degree from the University of Sydney or equivalent qualification with a credit average; or
(b) a graduate diploma in a nursing discipline from the University of Sydney or equivalent qualification; and
(c) a minimum of a graduate certificate in:
(i) the area of clinical practice relevant to the Nurse Practitioner application; or
(ii) another area, and be able to demonstrate advanced skills in the area of clinical practice relevant to the Nurse Practitioner application by portfolio and referee reports; and
(d) a minimum of five years FTE experience as a registered nurse, of which three years full-time (or equivalent) experience is in the area of practice relevant to the application and one of these years is at an advanced practice level
(e) be concurrently employed in the area of clinical practice that is relevant to the nurse practitioner application (minimum sixteen hours weekly) while undertaking their studies.
In addition to these requirements, admission to this course requires the applicant to be a registered nurse in Australia and satisfy the English language proficiency requirements.
Applicants are also required to nominate a Primary Clinical Supervisor in order to undertake clinical components of this course.
The academic requirements that are displayed are applicable to currently available courses only, and are updated annually in October and may be changed without notice. The Faculty Handbook and the University of Sydney Calendar are the official legal source of information relating to study at the University of Sydney, and you are referred to those documents.
How to apply
Domestic students
How to apply
Applications are made directly to the University and assessed by the Sydney Nursing School. Please note that late applications may be accepted.
Please submit the following documents with your application:
(1) academic transcripts or clinical qualifications/achievements;
(2) testamurs of degrees or diplomas;
(3) current authority to practice as a registered nurse in Australia
(4) passport, birth certificate or citizenship certificate;
(5) marriage certificate or other appropriate documentation, if your name has changed;
(6) curriculum vitae detailing both education and clinical experiences, job description, continuing education and advanced practice experience;
(7) minimum of two references from two senior clinicians attesting to your advanced practice experience and capabilities. Referees should be your line manager (senior nurse) or a senior colleague who has an established clinical relationship with you over a minimum of one year;
(8) letter from employer confirming employment status;
(9) letter of support from your Director of Nursing stating that you will be supported to carry out the 300 advanced clinical practice hours while you are enrolled in the degree. There are two letter templates available, one for use for NSW Health institutions and the other for non-NSW Health institutions.
(10) letter from nominated Primary Clinical Supervisor stating that he/she is willing to fulfil the role of your mentor, teacher and supervisor while you participate in the required advanced practice hours;
(11) proposed Primary Clinical Supervisor's Curriculum Vitae (CV);
any other relevant documentation that you feel may support your application.
Further details can be found in the Nurse Practitioner Specific Admissions Criteria
Important Fee Information
Domestic students
Indicative Postgraduate Student Contribution Amount
The student contribution amount for a Commonwealth Supported Place is an indication only of the 2017 amount payable in Year 1 for a standard full time load of 48 credit points (1.0 EFTSL). The exact student contribution that you pay will depend on the calendar year in which you undertake your study, and the specific units of study in which you ultimately enrol.
For further information about how to calculate your specific total student contribution, please refer to the University's Tuition Fees website.
Annual review and fee increases
Importantly, student contribution amounts are subject to annual review by the University, and will increase each year of your period of study (subject to a Commonwealth specified cap), effective at the start of each calendar year.
Indicative Postgraduate Domestic Tuition Fee
The tuition fee for a domestic postgraduate student is an indication only of the 2017 fees payable in Year 1 for a standard full time load of 48 credit points (1.0 EFTSL). Depending on the calendar year in which you undertake your study, and if your study load is more or less than the 1.0 EFTSL, your tuition fee will differ from the indicative amount.
Annual review and fee increases
Importantly, tuition fees are subject to annual review by the University, and will increase each year of your period of study, effective at the start of each calendar year.
Additional incidental costs
For some courses there are incidental costs additional to the student contribution and/or course fee. Some of these incidental costs are significant, for example, faculty-specific materials, tools, protected clothing and equipment. Further information about these costs is available from your faculty.
Credit card surcharge
Please note that a surcharge of 0.8% will apply for payments made by Visa or MasterCard. The surcharge is subject to review and may change. Information about payment methods and the surcharge is set out at: http://sydney.edu.au/study/finances-fees-costs/fees-and-loans/paying-your-fees.html.
Potential for inaccuracy
Whilst every reasonable effort has been made to include correct and up to date information here, you are also advised to consult directly with the Student Centre so that they can provide you with specific and up to date information about fees.

subset: commoncrawl


text:
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The most famous and mysterious plane disappearance of all time was that of Amelia Earhart. She was the first woman to fly solo across the Atlantic Ocean, which she did at the age of 30. In 1937, during her journey to circumvent the globe, she went missing near Howland Island in the Pacific Ocean. Even though the most likely story is a crash, there are many theories as to what happened to Earhart -- including wild ideas like alien abduction or that she was captured by the Japanese.
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November 15, 2011
UNITED STATES OF AMERICA, PLAINTIFF,v.KEVIN MARSHALL AGRAVA,DEFENDANT.
DANIEL J. BRODERICK, Bar #89424 Federal Defender ERIC V. KERSTEN, Bar #226429 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant Kevin Marshall Agrava
STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER Date: November 28, 2011 Time: 1:00 p.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, BRIAN ENOS, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant, Kevin Marshall Agrava, that the date for status conference may be continued to November 28, 2011, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is November 21, 2011, at 1:00 p.m. The requested new date is November 28, 2011, at 1:00 p.m.
The upcoming status conference was originally scheduled for Friday, November 18, 2011. The matter was moved to November 21, 2011 when the court's law and motion calendar was changed from Mondays to Fridays. Defense counsel hopes to be out of the office on November 21, 2011. A short continuance is requested to allow for continuity of counsel.
The parties agree that the delay resulting from the continuance shall be excluded as necessary for continuity of counsel, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendants in a speedy trial.
ORDER Good cause stated. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
Agrava: Stipulation to Continue Status Conference
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Role Responsibilities
Lead the Client Services vertical and be accountable for the CIR Queries and Data Correction processes
Must have a thorough understanding of the functional aspects of the Consumer and Commercial Bureau Application
Must develop a complete understanding of data and system de-dupe
Ensure ongoing improvements in processes, impacting business in a very positive way
Define, document and improve the operations process for Customer /Member queries and Data correction
Managing excellent relationships with Company Customers with enhanced levels of servic
Discuss Operational requirements and drive improvements with the assistance of Company Technical partners and IT team.
Co-ordinate with the Company team and with Members and provide complete and satisfactory resolution to their queries.
Identify opportunities for standardization, improvements, implementing reporting processes to track data quality
Any other responsibility as assigned by the management
"Client Service" "Client Servicing" "Customer Service Delivery" "Customer Relationship Manager" "Customer Relationship Management" "B2B" "Business To Business" "Bank To Bank" "Data Management" "Client Co-ordination"


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November 9, 2010
JACK LEE TOWNSEND, PETITIONER,v.M.D. MCDONALD RESPONDENT.
Petitioner, Jack Lee Townsend, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254. Townsend is currently in the custody of the California Department of Corrections, incarcerated at the High Desert State Prison in Susanville, California. Respondent has filed an Answer and Townsend has filed a Traverse.
Defendant was a 67-year-old alcoholic manual laborer who lived in a poor section of "old" Roseville. For two and a half months in 2004 he rented a room from Mary Ellen Smith, known in the area as "Scary Ellen."
Two weeks before he shot and killed Smith, defendant told his best friend George Bayles, and Bayles's girlfriend Theresa Schuster, that he went into Smith's room with a shotgun, intending to "blow her head off" while she was in bed, but changed his mind. He offered Schuster $50 to hurt Smith, to "kick her ass." For two weeks he "periodically" talked about hurting Smith. The only specific complaints he mentioned were a dispute about recyclable cans belonging to him which Smith had cashed in, and Smith's carping about his general messiness, in particular his failure to clean up toaster crumbs.
On September 7, 2004, defendant told Bayles he was "fed up" and wanted to kill Smith. He was worried about having to live in his van. Bayles, who lived on the same block as defendant, offered to let defendant room with him and said there was a vacancy; defendant replied: "'Well, I wanted to at least hit the bitch [.]'" He said he could commit a crime to get "three hots and a cot," meaning room and board in a penitentiary. Both Bayles and Schuster testified defendant was not drunk, although he had had some beer.
Defendant had left Bayles's place at around 7 p.m. and returned about an hour and a half later, telling Bayles and Schuster something like: "I just got Mary Ellen. I shot that bitch four times." After some discussion Bayles and Schuster left to call 911. Defendant was on "his phone calmly talking to his girlfriend Dee." Schuster testified defendant was not drunk.
Roseville Police Department officers found Smith, aged 47, in her bed, under a blanket with four holes in it, with four close-range wounds to the chest-any of which could have been fatal-and no defensive wounds; the television was turned on to The X-Files. They found a shotgun in defendant's room with a live shell in it, four expended shells (three in the victim's bedroom and one in the kitchen), and an open shell box with five missing. A partially empty 24-ounce beer can was found on the porch rail.
While in a patrol car defendant said "The bitch is dead," "I'm in deep shit. Oh well," and "I did what I wanted to do." He was calm, and although he smelled of alcohol he did not seem drunk. At jail he told an officer "I shot the bitch. She deserved it." He said he had a beer after he shot Smith.
During a recorded interrogation defendant said Smith "Pissed me off," but when asked "How long has it been building up for," he replied "Tonight." He knew Smith was called Scary Ellen but he rented a room from her because she did not bother him. He described her as a "Ding-a-ling."
Defendant told the officers that he shot Smith in her bed four times and then walked to a market to buy some beer. He said that she was dead after the first shot-though he later said he did not know-but "Don't ask me why I fired four shots. Don't ask me because I do not know." "I fired that first shot and I said, Jack, you've done it. I said, fuck it .... I fired three more." "I don't want somebody [to] say well it was premeditated. Well, I was just pissed, man. I was thinking about it. How do you know.... I mean look, how you gonna ... how you gonna accommodate that thought that I'm gonna kill that bitch? Okay? How you gonna accommodate that thought and-and really do it?" Later he said, "The bitch is ... the wicked witch is dead! Okay? I can't answer these questions because I don't know."
Bayles testified that he never saw Smith's poor conduct, but had heard from defendant that she was unstable and would be friendly and then abruptly nasty, such as telling defendant to "get the fuck out of the house[.]" Defendant told Bayles that Smith's constant behavior wore him down and he could not put up with it any longer. Schuster confirmed that defendant was upset because of a dispute about recyclable cans which Smith claimed were hers, and Smith's complaints about the toaster.
Kevin Hubert had been Smith's boyfriend in the recent past and had lived with her for nearly four years. He testified she had mood swings and erupted into violent tirades; she was verbally abusive and demeaning, and accused Hubert of being dirty and a slob around the house.
Defendant's girlfriend testified he told her Smith could be happy and then down, was impatient, and said he was dirty and a pig, which made him feel upset, belittled and angry, so he was trying to save money to move out. She spoke to him by telephone before and after he killed Smith. He first said that Smith had told him he would have to move out, even though his rent was paid through the end of the month, and he could commit a crime to get room and board and should shoot Smith in the "butt." In the last call he said he shot Smith because she ran him down and he could not stand it.
Bayles testified defendant talked to himself and might be getting senile; defendant's girlfriend had heard him talking to himself and repeating himself.
A blood sample taken from defendant at about 12:30 a.m. at the jail showed a blood alcohol level of .11; an expert opined his level would have been around .16 or .17 at around 9:15 p.m., assuming he had only one beer after that time. The expert testified that heavy drinkers have a greater tolerance for alcohol than others.
Dr. John Wicks, a neuropsychologist, tested defendant and concluded that although he had an average I.Q., he had impaired "executive" functioning, such as impulse control problems, due to brain damage caused by chronic alcoholism.
Dr. Albert Globus, a psychiatrist, testified defendant was a depressed alcoholic, and his brain scan showed "mild atrophy" consistent with "very mild early dementia." Alcohol tolerance may affect the degree of impairment of motor skills while drinking, but not the degree of impairment of thought. Defendant would be more sensitive than other people to a confrontation and less able to block or control an inappropriate response.*fn1
On January 18, 2006, a jury convicted Townsend of one count of violation of California Penal Code section 187(a) (first-degree murder) with a firearm discharge enhancement. Townsend was sentenced to a prison term of 50 years to life.
Townsend timely appealed his conviction to the California Court of Appeal, Third Appellate District, who affirmed his conviction and sentence in a reasoned opinion.
The California Supreme Court denied Townsend's petition to review the decision of the Court of Appeal.
On January 28, 2009, Townsend timely filed a petition for habeas corpus relief in this court. Although the grounds for relief are not clearly presented, it appears Townsend has raised three grounds for relief:
1. Townsend was entitled to an instruction on provocation as it relates to manslaughter.
2. Townsend's trial counsel was ineffective for failing to present a diminished capacity defense to support the provocation instruction request.
3. Townsend's appellate counsel was ineffective for failing to raise the first ground in Townsend's direct appeal.
Respondent does not raise a procedural bar, but asserts that Townsend's second and third grounds have not been properly exhausted.
Under the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2254(d), this Court cannot grant relief unless the decision of the state court was "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States" at the time the state court renders its decision or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding."*fn2 The Supreme Court has explained that "clearly established Federal law" in § 2254(d)(1) "refers to the holdings, as opposed to the dicta, of [the Supreme Court] as of the time of the relevant state-court decision."*fn3 The holding must also be intended to be binding upon the states; that is, the decision must be based upon constitutional grounds, not on the supervisory power of the Supreme Court over federal courts.*fn4 Thus, where holdings of the Supreme Court regarding the issue presented on habeas review are lacking, "it cannot be said that the state court 'unreasonabl[y] appli[ed] clearly established Federal law.'"*fn5
When a claim falls under the "unreasonable application" prong, a state court's application of Supreme Court precedent must be objectively unreasonable, not just incorrect or erroneous.*fn6
The Supreme Court has made clear that the objectively unreasonable standard is a substantially higher threshold than simply believing that the state court determination was incorrect.*fn7
"[A]bsent a specific constitutional violation, federal habeas corpus review of trial error is limited to whether the error 'so infected the trial with unfairness as to make the resulting conviction a denial of due process.'"*fn8 In a federal habeas proceeding, the standard under which this Court must assess the prejudicial impact of constitutional error in a state court criminal trial is whether the error had a substantial and injurious effect or influence in determining the outcome.*fn9
Because state court judgments of conviction and sentence carry a presumption of finality and legality, the petitioner has the burden of showing by a preponderance of the evidence that he or she merits habeas relief.*fn10
In applying this standard, this Court reviews the last reasoned decision by the state court.*fn11 Under AEDPA, the state court's findings of fact are presumed to be correct unless the petitioner rebuts this presumption by clear and convincing evidence.*fn12 This presumption applies to state trial courts and appellate courts alike.*fn13
When there is no reasoned state court decision denying an issue presented to the state court and raised in a federal habeas petition, this Court must assume that the state court decided all the issues presented to it and perform an independent review of the record to ascertain whether the state court decision was objectively unreasonable.*fn14 The scope of this review is for clear error of the state court ruling on the petition:
[A]lthough we cannot undertake our review by analyzing the basis for the state court's decision, we can view it through the "objectively reasonable" lens ground by Williams .. . . Federal habeas review is not de novo when the state court does not supply reasoning for its decision, but an independent review of the record is required to determine whether the state court clearly erred in its application of controlling federal law. Only by that examination may we determine whether the state court's decision was objectively reasonable.*fn15
"[A]lthough we independently review the record, we still defer to the state court's ultimate decision."*fn16
The Trial Court Erred by Not Instructing the Jury on Provocation with Respect to Manslaughter Townsend claims that he "was denied his Fourteenth Amendment right to Equal Protection of law[s] by the court[s] using an unreasonable determination of clearly established law."*fn17 Specifically, Townsend claims the trial court was obligated to instruct the jury on provocation with respect to manslaughter.*fn18
To the extent that Townsend claims that he was entitled to a lesser included offense of manslaughter instruction based on the victim's provocation, he is not entitled to relief. While it is true that due process and the Sixth Amendment to the Constitution require that a jury be correctly instructed as to every element of the crime with which a defendant is charged and convicted,*fn19 that is not the issue before this Court. The issue before this Court is whether due process requires that a jury in a criminal trial be instructed at all or correctly instructed as to a lesser-included offense of manslaughter. First, Supreme Court precedent does not require a trial court to instruct the jury on lesser-included offenses in a non-capital case,*fn20 and the Ninth Circuit has concluded that such a claim is not cognizable on federal habeas review.*fn21 It follows, a fortiori, that if a failure to instruct on lesser included charges at all does not present a federal issue, a failure to instruct on them correctly also does not present a federal issue.
Additionally, this Court notes that the trial court actually did instruct the jury on the issue of provocation*fn22 as well as on both second degree murder*fn23 and manslaughter.*fn24 To the extent that Townsend argues that these instructions, as written, were inadequate, that issue is beyond the purview of this Court in a federal habeas proceeding. It is a fundamental precept of dual federalism that the states possess primary authority for defining and enforcing the criminal law.*fn25
A fundamental principle of our federal system is "that a state court's interpretation of state law, including one announced on direct appeal of the challenged conviction, binds a federal court sitting in habeas corpus."*fn26
Finally, it seems illogical that any different form of the provocation or manslaughter instructions would have affected the outcome. The jury was instructed on first degree murder, and two lesser included offenses: second degree murder and manslaughter. Nevertheless, the jury found Townsend guilty of first degree murder, the most serious of the three charges. If the jury was unwilling to find Townsend guilty of the lesser charge of second-degree murder,*fn27 there is no support for the assertion that they would have found him guilty of manslaughter had the instruction been any different. Townsend is not entitled to relief on his first ground.
Ineffective Assistance of Trial Counsel
Townsend claims that his trial counsel was ineffective for failing to present evidence to support the fact that there was a need for additional jury instructions. Although it is not entirely clear from the petition, it appears that Townsend is asserting that his counsel should have presented more evidence to support the request for a provocation instruction.
Under Strickland, to demonstrate ineffective assistance of counsel, Petitioner must show both that his counsel's performance was deficient and that the deficient performance prejudiced his defense.*fn28 A deficient performance is one in which counsel made errors so serious that counsel was not functioning as the counsel guaranteed by the Sixth Amendment.*fn29 Petitioner must show that defense counsel's representation was not within the range of competence demanded of attorneys in criminal cases, and that there is a reasonable probability that, but for counsel's ineffectiveness, the result would have been different.*fn30 An analysis that focuses "solely on mere outcome determination, without attention to whether the result of the proceeding was fundamentally unfair or unreliable, is defective."*fn31
In this case, Townsend is unable to show either that his counsel's performance was defective or that he was prejudiced. The record clearly indicates that the jury was given instructions on both provocation and manslaughter. Townsend does not indicate what additional instructions his counsel should have argued for or how his counsel should have asked the court to reword the instructions that were given. Furthermore, Townsend does not indicate any exculpatory or mitigating evidence that was available to his attorney but overlooked. Townsend is also unable to show prejudice. As noted above, even though the jury was instructed on two different, lesser charges, it still returned a conviction of first degree murder, the most serious of the three offenses. Townsend is not entitled to relief on his second ground.
Ineffective Assistance of Appellate Counsel
Townsend claims that his appellate counsel was ineffective for failing to raise his first two grounds on direct appeal. As noted above, Townsend must show that appellate counsel's representation was not within the range of competence demanded of attorneys in criminal cases, and that there is a reasonable probability that, but for counsel's ineffectiveness, the result would have been different.*fn32 The failure of appellate counsel to raise meritless or weak issues does not constitute ineffective assistance of counsel.*fn33
Both of Townsend's first two grounds are without merit. Thus, Townsend's appellate counsel was not ineffective for failing to raise them. Furthermore, the record indicates that Townsend's appellate counsel did, in fact, assert a challenge to the sufficiency of the manslaughter instruction. Townsend is not entitled to relief on his third ground.
Townsend is not entitled to relief under any ground raised in the Petition. Accordingly, IT IS HEREBY ORDERED THAT the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus is DENIED.
IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability. Any further request for a Certificate of Appealability must be addressed to the Court of Appeals.*fn34
The Clerk of the Court is to enter judgment accordingly.
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The BBC has today released details of the line up for the new series of Celebrity MasterChef, and said line up includes five former soap stars!
Taking part in the show are Tina Hobley, who played Samantha Failsworth in Coronation Street from 1996 to 1998 – but is probably better remembered for her long-running role of Chrissie Williams in the medical drama, Holby City – and Ken Morley who played the comical Reg Holdsworth in the long-running soap, will be joining former EastEnders star Emma Barton, who played Honey Mitchell, Todd Carty who played Mark Fowler and Alex Ferns, who played villain Trevor Morgan,
Other stars lined up for the new series include Men Behaving Badly actress Leslie Ash, panto dame Christopher Biggins, singer Kiki Dee, actress Amanda Burton, reality TV star Alison Hammond, presenter Tania Bryer, Shanghai Noon star Jason Connery, presenter Charley Boorman, another EastEnders alum Sophie Thompson and telly fashionista, Susannah Constantine.
They will all join JLS singer JB Gill, former Made In Chelsea star Millie Mackintosh and model Jodie Kidd in the show's new run, as will TV astrologer and Strictly Come Dancing legend, Russell Grant!
The new class of 2014 will be put through their kitchen paces over the course of the six week series, and will cater for a string of diners including previous winners and staff at the Royal College of Music. As ever, judges Gregg Wallace and John Torode will weed out the weakest in the lead up to the grand finale, which will see one of them crowned Celebrity MasterChef of the year! We simply can't wait!
Last year's exciting cooking war saw British comedy legend Ade Edmondson beat off competition from the likes of John Thomson, Sugababe Heidi Range, Westlife's Shane Lynch, Miranda Krestovnikoff, Denise Black, Phillips Idowu, Speech Debelle, Brian Capron, new Coronation Street star Les Dennis, Matthew Hoggard, Katy Brand, Shappi Khorsandi, Joe Calzaghe, Jo Wood and Janet Street-Porter, to be crowned Celebrity MasterChef 2013!
Celebrity MasterChef 2014 will be screened later this year – Watch a clip from last year's final below:


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THE BRONX - Anyone planning on driving through the borough this weekend may hit some traffic hiccups as a result of scheduled construction.
One lane will be blocked both ways on the Major Deegan Expressway, and the entire roadway is subject to full closures of up to 15 minutes during overnight hours.
Drivers should take it slow on the westbound Cross Bronx Expressway, which will undergo road work at the Alexander Hamilton Bridge. There will be a split in the road, but all current lanes will remain open.
The Hutchinson River Parkway will also have a lane blocked in both directions at various times approaching Westchester Avenue.
Weekend track work is planned for the subway, but bus riders may have an easy ride. Daytime weekend service has been restored to the Bx34, and the Bx13 has a new extension from East 161st Street to the Bronx Terminal Market starting on Sunday.


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Sept 11 News
IS tactics evolving, may include car bombs: Europol
By AFP
Den Haag - Terror networks such as the Islamic State group are evolving their tactics to attack soft targets in Europe, which could see the use of deadly car bombs, Europol warned on Friday.
Terror arrest in London over suspicious package
By AFP
London - Armed police arrested a 19-year-old man in London on Friday under counter-terrorism laws in connection with a suspicious package found on the Underground network that sparked a security alert.
Indonesian police kill man wielding machetes, IS symbol
By AFP
Jakarta - Indonesian police shot dead a man carrying knives, suspected pipe bombs and a symbol of the Islamic State group after he launched a daylight assault on officers near Jakarta on Thursday, an official said.
Indonesian police kill man wielding machetes, IS symbol
By AFP
Jakarta - Indonesian police shot dead a man carrying knives, suspected pipe bombs and a symbol of the Islamic State group after he launched a daylight assault on officers near Jakarta on Thursday, an official said.
Indonesian police kill man wielding machetes, IS symbol
By AFP
Jakarta - Indonesian police shot dead a man carrying knives, suspected pipe bombs and a symbol of the Islamic State group after he launched a daylight assault on officers near Jakarta on Thursday, an official said.
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Obama says California shooting motive unknown, terror 'possible'
By AFP
Washington - US President Barack Obama said Thursday the motivation for a deadly shooting in California was not yet known, but a terror attack could not yet be ruled out.
Norway disarms its police officers
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UK teen jailed for Anzac Day terror plot
By AFP
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Israel warns of terror attack threat against Jews in Tunisia
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Jerusalem - Prime Minister Benjamin Netanyahu said Israel had learned of "concrete threats" of terror attacks against Jewish or Israeli targets in Tunisia.The Tunisian government quickly denied the claims, saying no such threats existed.
Intelligence agencies identify executioner in ISIS videos
Nathan Salant
London - Two unnamed U.S. officials confirmed Thursday that a black-dressed militant who spoke for the Islamic State group in a series of gruesome videos is London-born Mohammed Emwazi, a 26-year-old Islamic militant already known to British security services.
Artist draws picture of her sleep paralysis demon
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A sleep paralysis-plagued artist has attempted to overcome her intense nighttime hallucinations by controlling the terror and drawing the demon that stalks her mind.
Op-Ed: Suicide by cop has increased as officers turn to short hair
Robert Weller
Ferguson - Some would argue it started with people like Socrates, asking the state to kill them. Some believe the desire for vengeance after Sept. 11 made it inevitable cops would not have to be asked to kill.
Fiery Islamic cleric guilty of terrorism after U.S. trial
Nathan Salant
New York - A radical Islamic cleric from Britain faces life in prison after being convicted Monday of 11 terror-related charges in a New York courtroom.
Report: Militants kidnap eight more girls in Nigeria
Nathan Salant
Abuja - Militants kidnapped eight girls Tuesday from a village in northeastern Nigeria, less than a month after the mass abduction of more than 200 girls from school in a crime that has shocked Africa's most-prosperous nation.
US warns of toothpaste bombs on Russia flights
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Washington - The US government warned American and foreign airlines -- just ahead of the Sochi Olympics -- that terrorists could try to hide explosives in toothpaste tubes on Russia-bound flights.
U.S. warns of toothpaste bombs on Russia flights
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- The U.S. government warned American and foreign airlines on Wednesday that terrorists could try to place explosives disguised as toothpaste on Russia-bound flights.
UPDATE Boston area remains locked down
Micki Hogan
Boston - UPDATE Boston and surrounding areas remain in lock down after one bombing suspect has been killed, the other still at large. One suspect was in custody while being transported to a hospital but later died from multiple gunshot wounds.
Canadian dual citizen linked to Bulgarian bus terror attack
Karl Gotthardt
Ottawa - An attack on a Bulgarian tour bus in 2012, carrying Israeli tourists in the Black Sea city of Burgas has been blamed on Hezbollah. A dual Canadian citizen has been linked to the attack.
FBI, NYPD thwart Federal Reserve Bank terror bombing plot
Greta McClain
New York - Agents with the Federal Bureau of Investigation (FBI) have arrested a man after he allegedly attempted to detonate a bomb outside the Federal Reserve Bank in the lower Manhattan's financial district of New York City.
apis-322226 apis-318915 apis-318818 apis-318818 apis-318818 apis-312504 apis-310982 apis-308904 apis-308824 apis-304277 apis-301557 apis-300237 apis-299307 apis-294927 apis-291739 apis-291260 apis-289235 apis-286965 apis-285280 apis-271577 apis-266130 apis-258234 apis-249413 apis-240202 apis-239074 apis-225078 apis-225072 apis-203234 apis-197200 apis-188247
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Sept 11
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September 11 tribute light
Photo by Gene Han
The exhibition poster for "Terror and Wonder" at the British Library. Terror and Wonder: The Gothic Imagination. Showcasing 250 objects that tell the history of our obsession with the darker side of nature, the exhibition includes books, posters, films and even a vampire slaying kit.
Tim Sandle
Traktor racing Volvo Terror
AFTERMATH: Flowers and other tributes line the sidewalk Thursday outside the Lindt cafe at Martin Place in downtown Sydney, where two hostages and their alleged kidnapper died in a rescue attempt.
Sardaka/Wikimedia Commons
September 11 tribute light
Photo by Jackie
CARICATURES: The 2016 Republican Clown Car was adapted from a Creative Commons licensed photo of a 1952 Buick Riviera by Tony Hisgett and available from Wikimedia. Other caricatures adapted from photos in the public domain, licensed by Creative Commons or from the Library of Congress.
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September 11 attacks.
Lil' Mike
Nightmares Fear Factory
Nightmares Fear Factory
The House of Terror Museum, formerly headquarters of the AVO
Scene of the Toulouse shootings in March 2012
Anne Sewell Digital Journal Screenshot
'Erebus' and the 'Terror' in New Zealand, August, 1841. Oil on Canvas painted by John Wilson Carmichael
John Wilson Carmichael
Two beams of light represent the former Twin Towers of the World Trade Center during the 2004 memorial of the September 11, 2001 attacks.
Photo by Derek Jensen
The House of Terror Museum, Budapest.
Nightmares Fear Factory
Nightmares Fear Factory
CONVICTED: Radical Islamic preacher Mustafa Kamel Mustafa of London, also known as Abu Hamza al-Masri was convicted on terrorism charges in New York on Monday.
From YouTube
Fear factor: Screen capture from the public domain film Carnival of Souls.
"COS 09". Licensed under Public Domain
Nightmares Fear Factory
Nightmares Fear Factory
The September 11 memorial in New York City; two lights shining where the World Trade Center buildings once stood.
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New Jersey Superior Court, Appellate Division
Decided: June 7, 1979.
BLANCA LEPIANI, APPELLANT,v.BOARD OF REVIEW, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF NEW JERSEY AND NEKO TOGS, RESPONDENTS
On appeal from the Board of Review, Department of Labor and Industry.
Conford, Pressler and King.
[169 NJSuper Page 73] Claimant Blanca Lepiani appeals from a determination of the Appeal Tribunal, concurred in by the Board of Review, concluding that she was ineligible for unemployment compensation benefits on the ground of her unavailability for work within the intendment of N.J.S.A.
[169 NJSuper Page 74]
43:21-4(c). The finding of unavailability was based upon her status as an alien not authorized to be gainfully employed.
In Bastas v. Board of Review , 155 N.J. Super. 312 (App. Div. 1978), this court held that aliens having a nonimmigrant status without employment authorization are disqualified by reason of the above-cited statute from obtaining unemployment benefits. And see Pinilla v. Board of Review , 155 N.J. Super. 307 (App. Div. 1978). The claimant here, however, contends that she is exempt from that holding because of the peculiar factual complex affecting her alien status.
Lepiani, a Peruvian national, entered the United States as a temporary visitor for pleasure in 1973. As such she was prohibited from engaging in employment by 8 U.S.C.A. § 1101(a)(15)(B). She nevertheless obtained a Social Security card shortly after her arrival and has been employed on a regular basis since. In January 1975 she commenced employment with Neko Togs and worked there until August 1976 when she was laid off. She was apparently reemployed by that firm in January 1977 but was again laid off in April of that year. This matter thus involves her claim for benefits for the period of August 16, 1976 through January 16, 1977 and April 4, 1977 through April 24, 1977.
Claimant was first authorized to work by the Immigration and Naturalization Service of the United States Department of Justice (INS) on April 21, 1977 and subsequently was accorded immigrant status with all of its attendant rights. The nub of her argument is that but for legal error by INS, she would have achieved her immigrant status prior to January 1977. She is apparently correct in this contention. She had in fact been accorded an immigration visa priority date in 1974 but had not obtained such a visa as of January 1977 because the number of visa applications from Western Hemisphere nationals greatly exceeded the Western Hemisphere immigration quota during the periods here in question. A primary reason for this excessive demand was the INS understanding that federal legislation providing for emergency entry into the United States of
[169 NJSuper Page 75]
Cuban nationals required that the visas granted to those immigrants be charged against the regular Western Hemisphere quota.*fn1 In a class action brought in the federal district court for the Northern District of Illinois, encaptioned Silva v. Levi , Docket No. 76 C 4268 (N.D. Ill. 1977), it was held that that statutory construction by INS was erroneous; that the Cuban immigration was not intended by Congress to have been charged against the Western Hemisphere quota; and that some nearly 150,000 visas accorded to Cuban immigrants should actually have been available for other Western Hemisphere applicants. Claimant's April 21, 1977 work authorization was a direct consequence of the Silva suit.
We do not, however, agree with claimant that this circumstance relieves her of the Basta and Pinella disqualification except in respect of the last three days of the unemployment period which is the subject of this claim. However sympathetic her personal situation may be, the fact nevertheless remains that until she was duly authorized to work by INS her alien status, of which she was well aware, precluded her legal employment. There is nothing in this record to suggest any intention by either INS or the federal court to accord a retrospective employment authorization to aliens in the Silva class. Their remedial intention rather was to recompense the members of the class by refraining from deporting those of them who had been illegally employed while awaiting visa allocation and by expediting their immigrant status. The remedial steps, therefore, which were ordered by the Silva court and implemented by INS did not purport to make legal past conduct which was illegal but only prospectively to immunize that class from the deportation consequence of the illegal conduct. See 8 U.S.C.A. § 1251 (a)(9). And see, as to the deportation consequence
[169 NJSuper Page 76]
of illegal employment, Ojeda-Vinales v. Immigration and Naturalization Service , 523 F.2d 286, 288 (2 Cir. 1975).
In short, the Immigration and Naturalization Act is administered by INS. Other agencies, both state and federal, must be able to rely on the actions of INS. Those aggrieved by those actions have legitimate and prescribed methods of seeking recourse therefrom. Simply ignoring INS action and proceeding in violation thereof is not one of them even if one is subsequently vindicated in his legal position. The fact thus remains that in respect of the period for which benefits are here sought, except for the last three days thereof, claimant was not qualified to work, had neither sought nor obtained INS work authorization and was, therefore, not available for work within statutory intendment.
The judgment appealed from is modified so as to entitle claimant to benefits for the period April 21, 1977 to April 24, 1977, and as modified, the judgment is affirmed.
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Outdoor classroom
TRIM JOB: Students in Dan Scherer's landscaping class trim bushes, prune trees, lay sod, plan and carry out a spring planting project and more. As temperatures climbed to 50 degrees last Thursday, some students worked in short sleeves. Pictured are Ashley Eskew (left) and Katie Mannel as they trim rose bushes outside Gothenburg High School.
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views & research from
nutritional science
Milk fortified with vitamin D is the most important determinant of serum vitamin D level in Finnish children
The Nutrition Society Paper of the Month for January is from the British Journal of Nutrition and is entitled: 'Determinants of Serum 25-Hydroxyvitamin D Concentration in Finnish Children: The PANIC Study.
Milk, vitamin supplements and exercise raise children's vitamin D levels
Sufficient intake of fortified dairy products is of significant importance for the serum vitamin D level in primary school children, finds a new study from the University of Eastern Finland. Children who drank at least three glasses of milk per day had a higher serum vitamin D level than their peers who drank milk in lesser amounts. The use of vitamin D supplements was also associated with a higher serum vitamin D level. Furthermore, children who exercise more than 2 hours per day had a higher serum vitamin D level than children who exercise less than 1.5 hours per day.
Low levels of vitamin D are common
Very few children had severely low serum levels of vitamin D. However, 20% had a serum vitamin D level lower than 50 nmol/l, which is often considered as a sufficient level. Children whose blood samples were taken in the autumn had the highest serum vitamin D levels. This may be explained by the fact that in the summer, vitamin D is formed on the skin due to sunlight exposure. In northern latitudes, there is not enough sun exposure to maintain sufficient vitamin D levels in the winter season, and vitamin D supplementation is often required. A sufficiently high serum vitamin D level is associated with better bone health and there is some evidence that it may also be associated with a lower risk of many chronic diseases.
Milk fortified with vitamin D is children's most important source of vitamin D
More than 80% of the children had a lower intake of vitamin D from food and vitamin supplements than recommended 10 μg per day in Finland. Furthermore, as many as 40% of the children did not use any vitamin D supplements at all. Milk was the most important source of vitamin D, amounting to nearly 50% of the children's intake. Approximately 30% of the vitamin D intake was from dietary fats and approximately 10% from fish. The majority of milk products and spreads available in Finland are fortified with vitamin D. The level of fortification of milk has been increased from 0.5 µg/100g to 1 µg/100g since the collection of the study data and therefore we suppose milk is now an even more important source of vitamin D in Finland. Vitamin D fortification of milk products could be an effective way to improve vitamin D status also in other countries where milk consumption is high.
Adherence to nutrition recommendations can improve serum vitamin D levels
The Finnish nutrition recommendations published in 2014 recommend a vitamin D supplement of 7.5μg per day to all 2-18 year old children and adolescents all year round. In addition, 5-6 dl (2.5-3 glasses) of dairy products fortified with vitamin D per day and 2-3 servings of fish per week are recommended. The diet should also contain vegetable oil based spreads which are fortified with vitamin D. Moreover, sufficient exercise - and especially exercise taking place outdoors - should be encouraged.
Population-based study provides insight into health and well-being of children and adolescents
The Physical Activity and Nutrition in Children (PANIC) Study is an on-going lifestyle intervention study in the Institute of Biomedicine at the University of Eastern Finland. A total of 512 children aged 6 to 8 years participated in the baseline measurements in 2007–2009, constituting a representative sample of their age group.Please click here to read the full paper
Click here to read more about The Physical Activity and Nutrition in Children Study
By lead authors Sonja Soininen, Lic. Med. and Timo A. Lakka, Professor of Medical Physiology, Internal Medicine Specialist,
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Julie Wallace Lecture, Silver Award, Public Health Nutrition Award, Cuthbertson Award
Membership is worldwide and is open to applicants who can demonstrate 'a genuine interest in the science of human or animal nutrition'.
View our membership benefits, including travel grants and internship opportunities.


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ROMP - Page 2
Hit Em Up Style: Chad's "YouTube" Cover of the Week [Video]
About a year ago, I visited The Grand Ole Opry and got to see, for the first time live, the Carolina Chocolate Drops. They opened their segment of the show with the original "Cornbread and Butter Beans" and they rocked it out. But then . . . they launched into a song that sounded VERY familiar to me. Then it hit me! "That's "Hit 'Em Style" by one-hit R&B wonder Blu Cantrell." I hadn't heard that song in years . . . and I had NEVER heard it quite like this. So, this week, because ROMP is just around the corner and the Carolina Chocolate Drops are coming back to Yellow Creek Park for the festival for the second straight year, "Hit 'Em Up Style" is my "Country-Fried" YouTube Cover of the Week. LISTEN!! They just hammer this song. It's funky, fresh and fried like, well, cornbread!
ROMP Ready To Roll June 28th-30th [VIDEO]
Owensboro's annual River of Music Party at Yellow Creek Park is now carrying a new subtitle: Bluegrass Roots & Branches Festival. Presented by the International Bluegrass Music Museum, this year's ROMP is going to be bigger than ever.
Taylor Swift Performs Second "The Hunger Games" Song In New Zealand
It's apparent Taylor Swift is going in a bold new direction with her contributions to the upcoming The Hunger Games: Songs from District 12 and Beyond soundtrack. If you heard her collaboration with The Civil Wars, "Safe and Sound" and though, eh, maybe a little too weird, then I think "Eyes Open" will improve your attitude.
Grammy In Memoriam Includes Bluegrass Legend Hazel Dickens [VIDEO]
Although the very great loss of pop star Whitney Houston loomed over Sunday night's Grammy awards, another name caught my eye in the "In Memoriam" section of the show. I saw the name "Hazel Dickens" and I started to wonder where in the world had I heard that name before?
Get Ready to ROMP!
ROMP (River of Music Party) is coming to Owensboro's Yellow Creek Park June 23-25. Get ready for unforgettable performances from Trampled by Turtles, the Punch Brothers featuring Chris Thile, the Carolina Chocolate Drops, and two of my all-time favorite white-haired people--Emmylou Harris and Steve Martin, who will be performing with the Steep Canyon Rangers. But wait! There's more...


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Apollo writedowns01 Apr 2009
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Huge markdowns hit Apollo unit
Huge markdowns on several of Apollo Global Management's private equity deals on Tuesday sparked a 45% decline in the value of investments by the US buyout group's Amsterdam-listed fund in the fourth quarter.
Apollo Alternative Assets, the feeder fund that Apollo listed three years ago, said its net asset value had shed $703m (€533m), or $7.28 per share, in the quarter. The fund's investment portfolio dropped by $1.3bn, or 60%, during last year, finishing the year at $850.8m, or $8.77 per share, in December.
Many of the Apollo transactions in which AAA co-invested have been marked down heavily, including: Realogy, Momentive Performance Materials, and Claire's Stores.


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One of the British summer's greatest spectacles is upon us – flying ant day. Enormous numbers of flying ants are expected to take advantage of the hot weather today or tomorrow to perform their yearly mating ritual, or "nuptial flight".
In some places, the flying has already begun. In the aftermath, they will cover pavements and gardens, land on cars and passers-by, and attract swarms of seagulls eager for a free feast.
Although the ants we see scurrying along the ground during the year are sterile female worker ants, those seen airborne this week will be males and new queens, mainly of the common black garden ant, Lasius niger.
Thousands of colonies synchronise their emergence, to make things more difficult for predators and to increase the chances of obtaining a mate from a different colony, to prevent inbreeding. Northern Britain may follow slightly behind the South.
After mating, the males waste away and die, but the queens, after shedding their wings, found new colonies, digging a chamber underground for the nest, and will lay eggs for the rest of their lives – which can be 15 years.
This year the Society of Biology is running a survey to learn more about the spectacle of flying ant day, relying on lots of people reporting their sightings. "Through our survey we hope to learn more about how the weather affects the time of emergence," says Dr Mark Downs, the Society's chief executive. "Both the weather on the day the ants emerge and the weather in the run-up to their emergence can be important.
"We also hope to learn how synchronised the emergence of flying ants is across the UK: is flying ant day the same everywhere? It is important that the flights are synchronised between nests, because the flying ants won't survive very long and need to maximise the chances of meeting ants from other colonies to mate with."
The Society of Biology is asking everyone who sees flying ants in 2012 to make a note of the time, date, location and weather conditions, and submit records through an online survey.
Although some people consider flying ants a pest, there is no need to kill them, as the males die of their own accord and thus represent a very short-lived problem, not least as the swarm takes place only once a year.
Dr Adam Hart, an ecologist and insect expert at the University of Gloucestershire, is working with the Society of Biology on the survey. He says: "After such a wet summer it's wonderful to see all these flying ant reports coming in, interestingly at a very similar time to last year."
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Banana Loaf
Total Time
Prep 15 mins
Cook 15 mins
You can freeze this bread for later. You could also turn this into muffins, by putting it into muffin pans, bake at 400°F for 18 minutes.
Ingredients Nutrition
- 1 3⁄4 cups all-purpose flour
- 3⁄4 teaspoon baking soda
- 1⁄2 teaspoon salt
- 3⁄4 cup sugar
- 1 1⁄4 teaspoons cream of tartar
- 2 eggs, beaten
- 1⁄2 cup canola oil
- 2 ripe bananas, mashed
- Combine first 5 ingredients in a large bowl, make a well in center of mixture. Combine remaining ingredients, add to dry mixture, stirring until moistened.
- Pur batter into a greased 9 x 5-inch loaf pan. Bake at 350°F for 45 minutes or until wooden pick inserted in center comes out clean.Cool in pan 10 minutes; remove from pan, and cool on wire rack.


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Hello all ASCE members!!
On behalf of the Met Section Executive Board, I would like to welcome you to the 2016-2017 season. This is a special time of year for our Section as we celebrate and welcome the new board members and attending the ASCE National Convention.
This year's convention was held in Portland Oregon. It was well attended by several Met Section officers and young members. It was a great event, with exciting content and the city of Portland was not only beautiful, but inviting. If you have never had a chance to attend one of the national conventions, I highly recommend you look into attending next year in New Orleans.
Our Executive Board, Directors and Committees have been hard at work planning a year that will have plenty of lectures, social events and courses for members to attend. I would like to point out that we are excited to continue to offer several scholarships to area college students due in large part to the support provided by the NYC area engineering firms and their sponsorships. I would like to take a moment to mention that Indhira Figuereo will be stepping down this year from the Scholarship Committee. Indhira has chaired this committee for several years and she will be sorely missed. I thank Indhira for her many years of service to the section and we look forward to having her assist the section in other ways.
I would like to extend my sincere thanks to all Met Section members for electing me Met Section President. I view this as a special privilege and I look forward to the opportunity that it provides. Over this next year we look forward to updating the section in several ways, starting with transitions into our new website and providing more activities to our members. We plan to have a lot of interaction with area colleges and supporting their activities. I look forward to an exciting year and I thank you all for your support.
Gerarda Shields, Ph.D, P.E. has been selected by the ASCE Committee on Student Members as one of three Faculty Advisors to receive the 2016 ASCE Outstanding Faculty Advisor Award. Dr. Shields was recognized for her outstanding work and dedication to the New York City College of Technology ASCE Student Chapter.
Gerarda is an Associate Professor in the Department of Construction Management & Civil Engineering Technology at the New York City College of Technology and has been a faculty member at the college since 2005. She currently teaches courses in Statics, Strength of Materials, Fluid Mechanics & Laboratory, Soil Mechanics & Laboratory, Applied Hydraulics, Construction Management, Steel Design, and Concrete Design. Gerarda obtained bachelor's and master's degrees in civil engineering from Manhattan College and obtained her doctorate in civil engineering from the City College of New York. Before becoming a professor, Gerarda worked as an hydraulic engineer at Hardesty & Hanover in New York City.
The 2016 William H. Mueser and Phillip C. Rutledge Memorial Lecture was delivered by Dr. Ron Heuer, a University of Illinois graduate. Dr Heuer is a tunnel expert with over 50 years of diverse experience in underground design and construction. The lecture entitled, "Thoughts on 50 Years Underground", was held on Tuesday, November 15, 2016 at the CUNY Graduate Center. This was the second in the annual series of lectures sponsored by the ASCE Metropolitan Section Geotechnical Group.
ASCE Met Section members Sissy Nikolaou and Ramon Gilsanz, with participation from NYC firms WSP|Parsons Brinckerhoff and Gilsanz Murray Steficek, were lead members of the reconnaissance mission following the April 16th, 2016, Mw7.8 Muisne, Ecuador earthquake.
The mission arrived in stricken country few days after the earthquake with a USA group formed by the Geotechnical Extreme Events Reconnaissance (GEER) Association, sponsored by the National Science Foundation (NSF), in collaboration with the Applied Technology Council (ATC) and worked together with Ecuadorian members of the engineering and academic community.
By Erik Metzger
History & Heritage Committee Chair
When the ASCE Convention was held in New York City last fall, I got to meet Jerry R. Rogers, Ph.D., P.E., D.WRE, Dist.M.ASCE, a member of ASCE's National History & Heritage Committee. During his time in New York City, Jerry visited a number of the Met Section's historic civil engineering landmarks but also went to Green-Wood Cemetery in Brooklyn to look for the gravestones of three civil engineers who were early presidents and co-founders of ASCE: