text:
Legal Memorandum #80 on Legal Issues
May 8, 2012
May 8, 2012 | Legal Memorandum on Legal Issues
Abstract: With regard to the Lacey Act, The Heritage Foundation and the Union of Concerned Scientists (UCS) can agree on one point: The act should be enforced through the civil justice system or the administrative process. In a recent paper, however, the UCS has emerged as a vocal advocate for criminal enforcement of the Lacey Act, an untenable position that, given Heritage's staunch opposition to overcriminalization, demands a response. The Foundation's position is clear: Not only would criminal enforcement of the Lacey Act result in miscarriages of justice, but such enforcement is unnecessary. Before wielding the big stick of a criminal prosecution against its citizens, America must answer several critical questions concerning the Lacey Act.
Last month, the Union of Concerned Scientists (UCS) published a consultant's paper entitled "Logging and the Law."[1] By urging continued criminal enforcement of the Lacey Act, the UCS paper implicitly criticizes the FOCUS Act, which would amend the Lacey Act to make it enforceable only through the civil process. Because The Heritage Foundation has long expressed concerns about overcriminalization committed in the name of the Lacey Act, it is necessary to comment on the UCS paper.[2]
The bulk of the UCS paper is devoted to the argument that enforcement of the Lacey Act will benefit the global environment and the domestic economy. Insofar as the UCS maintains that the Lacey Act should be enforced through the civil process, Heritage has no objection. Indeed, Heritage believes that the law should be enforced through the civil justice system or the administrative process—a point made in a recent Heritage Foundation Legal Memorandum.[3]
The UCS paper, however, also supports continued criminal enforcement of the Lacey Act.[4] There, Heritage and UCS part company for two primary reasons: (1) criminal enforcement of the Lacey Act leads to miscarriages of justice, and (2) criminal enforcement of the Lacey Act is unnecessary.
Oliver Wendell Holmes once said that "[t]he life of the law has not been logic: it has been experience."[5] Consider the case of Abner Schoenwetter.[6] He was prosecuted for violating the Lacey Act and spent five-plus years in federal prison for "heinous" crimes such as importing lobsters into the United States that, under a void Honduran law, were too small to be taken and that should have been packed in boxes rather than in clear plastic bags. The investigation and prosecution of Abner Schoenwetter provides a clear example of the dangers posed by the Lacey Act.
As Heritage has explained, it is grossly unfair to hold anyone criminally accountable for an error of foreign law, especially if the only thing at issue is an honest mistake.[7] For centuries, Anglo–American criminal law has relied on the proposition that "Ignorance of the law is no excuse." That proposition made sense 300 years ago when the criminal law was limited to what today would be known as "street crimes"—e.g., murder, robbery, rape—that were crimes against both God and the King. That concept, however, makes little, if any, sense today: There are more than 4,500 federal criminal laws that do not correspond with any contemporary moral code. No one—including lawyers and judges—knows or could know all of them.
Accordingly, it is nonsense to claim that an American is knowledgeable about foreign law—law that can have intricacies that match America's own, that might not be readily accessible, and that might not even be written in English. And that proposition is not limited to any one nation's foreign law; rather, it requires Americans to know the criminal laws of every nation. Just to state that proposition is to show that it is ridiculous.
The UCS does not address any of these points or even acknowledge their existence. What the UCS paper does say, however, supports Heritage's argument: The Lacey Act should be enforced through the civil justice system or the administrative process.
First, consider that the UCS paper states that foreign nations may have "complex systems for legal timber extraction [that] motivate working around them," and timber companies "operate in countries that often have conflicting and inconsistent laws * * *."[8] Those statements are tantamount to a confession that the Lacey Act should not—and cannot—be enforced via the criminal law.
A person cannot be convicted in this country for an alleged violation of "complex," "conflicting[,] and inconsistent" laws in the U.S. Code. Two well-settled propositions of criminal and constitutional law explain why: The Rule of Lenity requires courts to construe an ambiguous criminal law in a defendant's favor, and the Void-for-Vagueness Doctrine requires courts to hold invalid criminal laws that cannot be understood by the average person.[9] Putting those defenses together creates an insurmountable parapet for any prosecutor. The Rule of Lenity requires that, when one or more laws are unclear, "the tie must go to the defendant,"[10] while the Void-for-Vagueness Doctrine exists to invalidate any criminal law that "encourages arbitrary and erratic arrests and convictions."[11] Q.E.D.
The UCS nonetheless wants to hold a person criminally liable for violating complex, conflicting, and inconsistent law in a foreign code. The UCS paper does not explain why Americans should be subject to a lower threshold of criminal liability for violating a foreign law than a domestic law, and no sound explanation leaps to mind.
The criminal law is not a game of "gotcha" in which the goal is to set traps that no reasonable person can understand, that could catch everyone, and that allow the government to pick and choose which chicken to fry. A vague law is tantamount to no law at all. In fact, the concept that the public should be able to understand the criminal law is the moral foundation for the proposition that "Ignorance of the law is no excuse." Take away the practical ability to understand the criminal law and you take away the moral justification for using it to punish offenders.
But put the Constitution aside for a minute: Why would the United States want to bring a criminal prosecution for violation of a foreign nation's complex, conflicting, and inconsistent laws? The criminal law should be society's last defense against harmful or dangerous conduct. Family, friends, neighbors, community, church, administrative orders, civil lawsuits—many or all of those social organizations and tools should be used before society trucks out the criminal law.
The purpose of the criminal law should be to separate evil-minded and evil-doing offenders from people who are at worst negligent and at best morally blameless. In most cases, the law is clear, but the facts are in dispute. If you add complex, conflicting, and inconsistent foreign laws to the mix, both the facts and the law are in dispute. There is no way to separate the morally blameworthy from the morally blameless in a stew like that.
Furthermore, the foreign "law" allegedly violated need not be a criminal law. The UCS argues throughout its paper that there are many instances of "illegal" logging and that timber is being harvested "illegally" in other countries and being imported "illegally" into the United States.[12] But it is not by any means clear that the "illegality" repeatedly mentioned in the UCS paper refers to the taking of foreign timber in violation of a foreign criminal law. The terms "illegal" and "unlawful" often are used interchangeably without specifying whether what is meant is a violation of a criminal statute, the civil law, or even an administrative regulation. The foreign "law" therefore could be a civil law, not a criminal law.
In fact, there is a sizeable list of laws and regulations under which whatever foreign "law" is in question might not fall. For instance, the foreign "law" might not be an environmental law: Perhaps the foreign nation does not mind clear-cutting every tree within its borders as long as foreign nationals do the cutting. That is, developers can turn a rain forest into the Sahara as long as the locals get their cut of the profits. In that event, the foreign "law" could be a labor law.
Or, alternatively, perhaps the foreign "law" requires the same mountain of paperwork demanded by U.S. law. In that event, the foreign "law" could be just another instance of the mind-numbing bureaucratic hurdles that a party must overcome in order to run a lawful business.
The foreign "law" may not even be a law as that term is used in this country. Perhaps it is an interpretation of a regulation, an opinion letter, or a range of other forms that foreign law may take. Different nations may have different forms of law, perhaps without counterpart in this country. Then there is the problem of distinguishing the law on the books from the law as it is applied—and that is no small feat. After all, the former Soviet Union had a written constitution that guaranteed plenty of rights to its citizens, and look how well that system worked.
But, ultimately, under the Lacey Act, no guesswork is required as to what law is applicable. The UCS paper states quite clearly that any violation of any law of any foreign nation applicable to any wood product should trigger the Lacey Act's criminal provision:
[T]he Lacey Act prohibits all trade in plant products that are illegally sourced from any U.S. state or foreign country; illegally sourced plant products are defined as furniture, paper, lumber, and other products logged, manufactured, and/or traded in violation of any country's law. Illegally sourced plant products include those that have been stolen, logged from protected areas, logged without authorization, or for which appropriate taxes, fees, and transport regulations have not been paid or met.[13]
If an item has wood, it's covered. If somebody makes a legal mistake, he's guilty. What is more, timber must traverse "a long global supply chain,"[14] and the Lacey Act "demand[s] that all parts of the supply chain be legal * * *."[15] So if there is any mistake of any complex, conflicting, and inconsistent foreign law anywhere along a global supply chain that might extend halfway around the world, a party can be held criminally liable.
Finally, do not forget that a person—particularly an individual or small company that does not have a white-shoe law firm on speed dial—may not even know that timber has been harvested or exported in violation of some foreign law. A violation at some link in the food chain could be unknowable to someone farther down the line. This is not an instance where someone upstream slaps a BMW sticker on a Moskvitch and claims that it is the World's Greatest Driving Machine. Timber that is cut unlawfully probably looks just like timber that is cut lawfully.
Yes, the UCS paper notes that some American companies "offer services to help importers identify where their products are coming from,"[16] and, in theory, that might help large-scale companies reduce their risk of criminal liability. But the UCS paper notes that "[t]he Lacey Act does not accept any certification program as a proxy for compliance * * *,"[17] which means that such a certification is not a "get-out-of-jail free" card.[18]
Moreover, none of those American certification companies—let alone their officers and directors—will go to jail instead of the hapless individual who gets left holding the timber when it crosses into the United States: He's on his own. Thank you for playing the Lacey Act's version of trying to make a living by importing flora or fauna from overseas. Go directly to Jail. Do not pass Go. Do not collect $200. Is that how the criminal law should be used? To serve as a Chance or Community Chest card in a game of Monopoly?
Perhaps America's importers must suffer harm in the name of some surpassing interest, even though it means confinement for some poor bloke.[19] In some extreme cases, such as quelling a riot, the need to protect the public welfare allows for detention of everyone involved, even innocent parties.[20]
Criminal enforcement of the Lacey Act, however, does not seem necessary—at least not to the extent where it becomes requisite to cast aside one of the principal tenets of Anglo–American criminal law: that it is better for 10 guilty defendants to go free than for one innocent party to be convicted.[21] That principle represents a deeply held moral belief as to the need for certainty before someone can be convicted and incarcerated, both as to the factual proof that a defendant engaged in prohibited conduct and as to the proper interpretation of the law charged against him. A reasonable doubt on the facts or the law entitles a defendant to an acquittal.[22]
But even assuming for argument's sake that society is willing to imprison someone who unwittingly breaks a complex, confusing foreign law, questions remain: Is there an important public policy at stake? And what is worth that cost?
When attempting to answer whether criminal enforcement of the Lacey Act is worth the attendant risks of unjust incarceration, three considerations come to mind.
Consider the third argument first.
Criminal enforcement of the Lacey Act is necessary to protect domestic industries. The UCS paper argues that illegal logging and processing of illegally cut timber into wood products has an adverse effect on the domestic timber and wood processing industries.[24] It is unclear, however, to what extent those illegal practices have injured domestic industries. On the one hand, as the UCS notes, "[t]he downturn of the U.S. hardwood industry cannot be fully attributed to illegally sourced wood."[25] Something else is responsible, too, and some of that adverse effect is due to the recession that began in 2008.[26] On the other hand, the UCS argues that the downturn began in 1999.[27]
If the supporting data are correct, the recent recession cannot be the sole cause of the timber and wood processing industries' economic misfortunes. It is impossible to know, therefore, the extent to which these unlawful practices have injured those industries. In addition, there is also no evidence that only criminal enforcement of the Lacey Act can save those industries. The UCS has offered no proof that civil enforcement would be insufficient and that, consequently, criminal enforcement is necessary in order to produce any domestic return.
Other factors are also at work here. One is that avoidance of criminal liability requires heightened compliance costs. Companies facing potential debarment and corporate officers facing potential imprisonment must incur additional compliance costs that could exceed any environmental benefits from compliance. It might be sensible to force companies and individuals to bear those risks and costs if criminal enforcement of the Lacey Act were indispensable to preventing an environmental catastrophe. But that seems quite unlikely. After all, the environmental harm that the UCS paper cites that is caused by (for example) unmanaged selective logging is the same regardless of whether that practice is illegal,[28] and not every foreign law triggering the Lacey Act is an environmental law.
Another factor is that although declining wood prices may impose a burden on sellers and producers of timber or wood products, price decreases have a corresponding benefit for consumers. Lower prices benefit consumers even though they mean lower receipts for sellers. To be sure, the cost savings for each individual consumer may be far less than the comparable income loss suffered by each individual laid-off employee. But the total number of benefited consumers may greatly exceed the comparable number of adversely affected producers and employees, with the result being that the nation's overall economic and social welfare may increase by virtue of these illegal activities. That factor also must be considered in any reasonable cost-benefit analysis of the marginal utility of criminal enforcement of the Lacey Act.[29]
That is not to say that the government should abandon laid-off employees. There are various government programs—unemployment insurance, for example—that exist to help the unemployed until they get back on their feet. But it does mean that the benefit to the public of lower prices from the activities that the UCS criticizes has a legitimate place in the calculus of benefits and costs.[30]
That also is not to suggest that the U.S. should allow the planet to be denuded of trees in order to lower furniture prices. But it does mean that the undeniable, considerable, additional systemic and individual costs of making a violation of the Lacey Act a federal offense—rather than just a civil or administrative violation—demand an equally heightened and proved benefit to the United States from using that remedy.
In any event, the UCS maintains that these harms result when timber is illegally logged overseas or illegally made into wood products and later imported into the United States.[31] If so, the timber or wood must cross America's border, where, as the UCS paper notes, numerous federal agencies implement the Lacey Act and other laws: e.g., the Department of Homeland Security's Customs and Border Protection and Immigration and Customs Enforcement components, the Interior Department's U.S. Fish and Wildlife Service (FWS), the Agriculture Department's Animal and Plant Inspection Service, all of which are represented in court by the Justice Department.
One or more of those agencies can inspect imported timber and wood products, stop illegal imports from entering the United States, seize them from an importer in order to keep them from entering the stream of commerce, and institute forfeiture proceedings in court. As the UCS paper notes, the FWS "enforces the Lacey Act by requiring certain importers to declare the country of harvest, genus, and species of wood in imported products. This requirement, gradually being phased in, will ultimately help businesses ensure they know where their wood is coming from and protect the legal forestry industry in the United States."[32] If so, criminal enforcement of the Lacey Act is never necessary to achieve the UCS's sought-after goals: Civil enforcement will take care of every case where an importer honestly discloses that wood products were unlawfully harvested.
Furthermore, decriminalizing the Lacey Act does not place illegal logging beyond the reach of American criminal law. Some importers may lie about the source of their timber or about some other aspect of how it came to be in their cargo hold. Yet if an importer falsifies the source of his imported wood or some other material fact, the Justice Department can prosecute him for fibbing in violation of the False Statement Act, 18 U.S.C. § 1001. Criminal prosecution under the Lacey Act is unnecessary to keep illegally harvested or processed wood out of the United States; other laws can be used to accomplish the same goal.
It also might be argued that a false statement prosecution is an insufficient deterrent because it comes after the fact, it does not enforce the Lacey Act, and the penalty is inadequate. But those arguments are meritless. Every criminal prosecution comes after the fact because they are (and can be) brought only after a crime has been committed. The deterrent effect of the criminal law hinges on factors such as the likelihood of detection; the speed by which an offender is apprehended, prosecuted, and sentenced; the type and magnitude of the potential penalty; and the likelihood of that (or some other punishment) being imposed. The name of the statute never enters into the calculus. Finally, even if a potential, basic five-year term of imprisonment for a violation of 18 U.S.C. § 1001 were an insufficient deterrent—a proposition that would need to be proved, not just asserted—the proper remedy is to increase that penalty, not to leave the criminal provisions of the Lacey Act in effect.
Criminal enforcement of the Lacey Act is necessary to encourage support for international compliance programs. The claim that criminal enforcement is indispensable to an international compliance program overstates the need for criminal enforcement. The UCS says that the problem of illegal logging is largely a problem in tropical nations. But while "U.S. imports of wood and wood products from Latin America, Asia, and Oceania have increased" over the past few decades, the UCS notes, "currently the majority of U.S. wood imports are not from the tropics."[33] That considerably reduces the importance of the problem to this nation.
It is a mistake to demean the ability of noncriminal sanctions to achieve public policy goals. According to the UCS, "[t]he most effective way to reduce illegal logging is to reduce its financial incentives,"[34] and, according to the Supreme Court, "all civil penalties have some deterrent effect."[35] Together, those statements mean that even civil fines can coerce compliance. Finally, add in (1) the possibility that a foreign nation will enforce its own criminal law for actions occurring in its own nation and (2) the ability of the federal government to use moral suasion to convince or entice foreign countries to work toward an international goal, and the case for civil enforcement should be complete.[36]
Criminal enforcement of the Lacey Act is necessary to reduce global warming . This paper is not the place to debate the manifold issues involved in understanding and addressing the subject of global warming.[37] But it is fair and important to point out that the UCS paper rests all of the burden on the United States—even though other countries are equally or more responsible for the existence of illegal logging practices and, accordingly, for the contribution that this conduct may add to global environmental degradation.
The UCS paper states that "[i]llegal logging and the associated trade of illegally sourced products is a clandestine industry * * *," attributable to "[w]eak governance and poor policies," "government collusion and corruption, ** * a general lack of support for legal community forest use," "government instability, inadequate enforcement, and lack of resources, * * * [and] local and regional conflicts."[38] In other words, the foreign nations from whence imported wood originates have inadequate resources to police lumbering in their own lands; are incompetent and corrupt, making adequate resources a waste of time; and do not give a hoot about timber, logging, or forests in any event.
Think about the implication of that proposition for a minute: Americans are being—and should be—forced to bear the burden of the world's illegal activities. Deforestation may be a global problem, and the world is populated with scallywags, but the United States alone will punish its own citizens for conduct occurring beyond its shores that is illegal, not under U.S. law, but under some other nation's law, regardless of the reasonableness of their actions.
Even the UCS recognizes the unique burden that the Lacey Act places on Americans, because its paper states that "[t]he [2008] Lacey Act Amendments marked the world's first-ever law prohibiting trade of illegally logged wood products."[39] No other nation has a law like the Lacey Act, but, by God, America is going to show the world that it knows better. In other contexts, the proposition that "America Knows Best" would be condemned as chauvinistic, jingoistic, and racist. Here, by contrast, it is deemed a virtue.
With regard to the Lacey Act, several questions remain unresolved. For example, why should America spend scarce resources—investigative, prosecutorial, judicial, and correctional—on a matter that does not occur in the United States and that does not injure or threaten an American, the U.S. government, or a vital national policy? Why should the U.S. prosecute people for conduct that occurs in a foreign land that the host nation itself does not prosecute under a law that it does not enforce, perhaps because that law conflicts with a different law—or perhaps because the host nation deems that law relatively unimportant in the overall scheme of things? And if that is true, who are Americans to lecture a foreign nation on the importance of one of its own laws—criminal, environmental, labor, or whatever—that has no direct effect on this country?
Those are the sorts of questions that should be answered before America wields the big stick of a criminal prosecution against its citizens. And yet, so far, no one but Heritage, Senator Rand Paul (R–KY), and Representative Paul Broun (R–GA) is even asking such questions.
—Paul J. Larkin, Jr., is Senior Legal Fellow and Manager of the Overcriminalization Project in the Center for Legal and Judicial Studies at The Heritage Foundation. David Silvers, a Heritage Intern, provided valuable research assistance.
Show references in this report
[1]Patricia Elias, Logging and the Law: How the U.S. Lacey Act Helps Reduce Illegal Logging in the Tropics (Apr. 2012), available at http://www.ucsusa.org/assets/documents/global_warming/illegal-logging-and-lacey-act.pdf.
[2]Last month, the Federal Law Enforcement Officers Association (FLEOA) criticized the FOCUS Act on several grounds. The Heritage Foundation previously had published a Legal Memorandum commending Senator Rand Paul and Representative Paul Broun for introducing that bill. Paul J. Larkin, Jr., Defanging the Lacey Act: The Freedom from Over-Criminalization and Unjust Seizures Act of 2012, Heritage Foundation Legal Memorandum No. 78 (Mar. 16, 2012), available at http://www.heritage.org/research/reports/2012/03/defanging-the-lacey-act-the-freedom-from-over-criminalization-and-unjust-seizures-act-of-2012. Heritage therefore commented on the FLEOA article in a blog posting. Paul J. Larkin, Jr., The FOCUS Act and Federal Law Enforcement, The Foundry (Apr. 12, 2012), http://blog.heritage.org/2012/04/12/the-focus-act-and-federal-law-enforcement/. That blog posting is being republished as an Issue Brief along with this paper.
[3]Larkin, Defanging the Lacey Act, supra note 2.
[4]Elias, supra note 1, at 12 ("[T]he Lacey Act establishes penalties for violation of the terms of the law. These penalties include fines, forfeiture of goods and vessels, and potential jail time. * * * By completely closing a market to illegally sourced wood and creating criminal penalties for breaking the law, the Lacey Act both reduces financial incentives for illegal logging and associated trade and, if adequately enforced, actively creates a disincentive for participating in any part of the illegal wood trade."). The UCS paper states that "[a] majority of the information" in the section on U.S. actions against illegal logging is from a 2008 report by "the Environmental Investigation Agency." Id. at 12 n.* (citing Environmental Investigation Agency, The U.S. Lacey Act: Frequently Asked Questions About the World's First Ban on Trade in Illegal Wood (2008)). The Environmental Investigation Agency is a private organization. It is neither the federal Environmental Protection Agency nor is it a component of that agency, nor, despite its name, could it be. See 5 U.S.C. § 551(a) ("'agency' means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include [branches of the federal government such as Congress, the federal courts, etc.].").
[5]Oliver Wendell Holmes, Jr., The Common Law 3 (Belknap Press 2009) (1880).
[6] See Heritage Foundation, Excessive Criminal Laws Trap Honest American Businessman, YouTube (Aug. 8, 2011), http://www.youtube.com/watch?v=pHvJ6ld_Mic&noredirect=1.
[7] Larkin, Defanging the Lacey Act, supra note 2; and Larkin, The Focus Act, supra note 2.
[8]Elias, supra note 1, at 5.
[9] See, e.g., Moskal v. United States, 498 U.S. 103 (1990) (the Rule of Lenity); Chicago v. Morales, 527 U.S. 41 (1999) (the Void-for-Vagueness Doctrine).
[10]United States v. Santos, 553 U.S. 507, 514 (2008); id. ("This venerable rule not only vindicates the fundamental principle that no citizen should be held accountable for a violation of a statute whose commands are uncertain, or subjected to punishment that is not clearly prescribed. It also places the weight of inertia upon the party that can best induce Congress to speak more clearly and keeps courts from making criminal law in Congress's stead.").
[11]Papachristou v. Jacksonville, 405 U.S. 156, 162 (1972).
[12] E.g., Elias, supra note 1, at 1, 2, 4, 5, 6, etc.
[13] Id. at 12.
[14] Id. at 5; see also Environmental Investigation Agency, The U.S. Lacey Act: Frequently Asked Questions About the World's First Ban on Trade in Illegal Wood (2008) ("[T]he Lacey Act does not impose U.S. law on other countries. 'Illegally sourced' is defined by the content of sovereign nations' own laws."), available at http://www.eia-global.org/PDF/EIA.LaceyReport.English.pdf (last viewed Apr. 20, 2012).
[15]Elias, supra note 1, at 13 (emphasis in original).
[16] Id.
[17] Id.
[18]The answer would be different if the federal government certified that timber lawfully could be imported. The government cannot engage in a bait-and-switch by prosecuting a defendant for engaging in the very conduct that the government has approved. See, e.g., Raley v. Ohio, 360 U.S. 423, 437–40 (1959); Cox v. Louisiana, 379 U.S. 559, 568–72 (1965); United States v. Pennsylvania Indus. Chem. Corp., 411 U.S. 655, 670–75 (1973). The UCS paper does not argue that the federal government offers such certifications, and we are unaware of any such program or mechanism for obtaining one.
[19]As Oliver Wendell Holmes once wrote: "If I were having a philosophical talk with a young man I was going to have hanged * * * I should say, I don't doubt that your act was inevitable for you, but to make it more avoidable by others we propose to sacrifice you for the common good. You may consider yourself a soldier dying for your country if you like. But the law must keep its promises." Albert W. Alschuler, Law Without Values: The Life, Work, and Legacy of Justice Holmes 108 (2000) (quoting 1 Holmes–Laski Letters 806 (M. Howe ed. 1953)).
[20] See, e.g., United States v. Salerno, 481 U.S. 739 (1987) (pretrial detention); Addington v. Texas, 441 U.S. 418 (1979) (detention of a mentally ill person found to be a danger to himself or others); Jackson v. Indiana, 406 U.S. 715 (1972) (detention of mentally ill defendant found incompetent to stand trial); Moyer v. Peabody, 212 U.S. 78 (1909) (detention of a person without probable cause by the governor in a time of insurrection).
[21] See, e.g., Coffin v. United States, 156 U.S. 432, 456 (1895) ("[I]t is better that ten guilty persons escape than one innocent suffer"); 4 William Blackstone, Commentaries *352; Alexander Volokh, Guilty Men, 146 U. Pa. L. Rev. 173, 174 (1997).
[22] See Moskal, 498 U.S. at 108 (a reasonable doubt on the law); Jackson v. Virginia, 443 U.S. 307, 318–20 (1979) (a reasonable doubt on the facts).
[23] See, e.g., United States v. Molt, 452 F. Supp. 1200 (E.D. Pa. 1978), aff'd, 599 F.2d 1217, 1218–20 (3d Cir. 1979).
[24]Elias, supra note 1, at 7–8; id at 7 ("[B]etween 2004 and 2008, the average prices of Appalachian region red oak, poplar, cherry, and maple all dropped. During the same period, employment levels in the wood container, household furniture, kitchen cabinet/countertop, and millwork/flooring industries also decreased. In the wood household furniture industry alone, U.S. employment has declined approximately 60 percent since the late 1970s."). The UCS paper also argues that those illegal activities adversely affect the economies of other nations. Id. at 10–11. That consideration, however, should be immaterial to the proper scope of the Lacey Act. "American antitrust laws do not regulate the competitive conditions of other nations' economies." Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 582 (1986). It therefore would be odd for the Lacey Act to be concerned with that subject.
[25] Id. at 8.
[26]"The U.S. furniture industry, in retreat since 1999, continued declining in 2010 as low-cost furniture imports and the global economic recession continued to erode the domestic industry market share." Id. at 8.
[27] Id. at 7.
[28] See id. at 8–9 ("Without planned sustainable management of the ecosystem, selective logging causes forest damage and ecosystem impoverishment, loss of biodiversity and carbon, changes in soil nutrients, and increased susceptibility to clearing."); id at 10 ("Unmanaged selective logging can also lead to forest degradation—and, ultimately, complete deforestation—even beyond the immediate area. Poor practices leave the ecosystem damaged for decades, reducing the land's productive capacity. This causes logging activities to move into new areas of pristine forest, thus increasing degradation and deforestation. Furthermore, degraded forests are more likely to be completely lost to land use conversion; they dry up and are easier to burn and replace with fields, and logging creates roads into the areas. In the Brazilian Amazon, areas that have been selectively logged were four times more likely to be completely deforested than areas that were not disturbed (Asner et al. 2006).").
[29]The principal federal law governing competition is the Sherman Antitrust Act, 15 U.S.C. § 1, and the Supreme Court repeatedly has made it clear that, for purposes of that law, nonpredatory lower prices are a benefit for consumers. See, e.g., Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., 549 U.S. 312, 319 (2007); Brooke Group, Ltd v. Brown & Williamson Tobacco Corp., 509 U.S. 209, 223–34 (1993); Atlantic Richfield Co. v. USA Petroleum Co., 495 U.S. 328, 340 (1990) ("Low prices benefit consumers regardless of how those prices are set, and so long as they are above predatory levels, they do not threaten competition"); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (1986); Reiter v. Sonotone Corp., 442 U.S. 330, 343 (1979); Robert Bork, The Antitrust Paradox 66 (1978); Frank Easterbrook, The Limits of Antitrust, 63 U. Tex. L. Rev. 1, 34 (1984) ("Business rivals have an interest in higher prices, while consumers seek lower prices."); cf. Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc., 429 U.S. 477 (1977).
[30]In fact, there is a great risk that the preferences of any particular organization or group will receive greater weight than the public interest in the political process. Public choice theory teaches that even a small-sized group has lower transaction costs from engaging in political activity but can have a greater effect than the general public in the political process if the group is unified around one or more particular interests or beliefs and engages in single-issue voting, especially when that purpose is announced in advance. Each small-group member therefore can receive greater benefits from a decision in its favor than any member of the public could receive. See, e.g., Mancur Olson, Jr., The Logic of Collective Action (1965).
[31]The increase in the worldwide timber and wood products supply attributable to illegal logging and wood processing could affect the domestic price of imported timber and wood products by making it more attractive to sell those items elsewhere. The UCS report does not quantify the specific amount of that increase. A decrease in the quantity of those imported items could raise their domestic price to a point that makes domestically harvested timber and domestically manufactured wood products less expensive than their rival imports, which would offset the adverse effect of illegal activity overseas on the demand for domestic products and on employment in the relevant domestic industries. The UCS paper does not quantify those possibilities, and we are unaware of any actual figures.
[32] Id. at 2.
[33]Elias, supra note 1, at 12.
[34] Id.; see id. at 18.
[35]Hudson v. United States, 522 U.S. 93, 102 (1997).
[36]The UCS paper recognizes the value of those efforts. See Elias, supra note 1, at 12, at 18 ("Any strategy aimed at addressing the problem of illegal activities needs to be holistic and include a wide range of policy, legal, institutional and technical options in order to discourage illegal activities and facilitate legal behavior. * * * * * Illegal loggers and wood traders will only stop their activities if they are assured that illegal activities are less profitable than legal ones * * *. Therefore, policy changes that affect the incentives for illegal logging, rather than simply addressing the symptoms (such as bribery), will ultimately be the most effective * * *. By creating strict and expensive fines, the Lacey Act is working toward this end. The U.S. government should also encourage producing, processing, and consuming nations to create policies that make it easier to identify and catch illegal loggers and wood traders, and to impose expensive fines on them.").
[37]For some Heritage Foundation publications on global warming, see Nicolas D. Loris, New EPA Inspector General Report: One More Reason to Reject Climate-Change Regulation, Heritage Foundation Backgrounder No. 2623 (Nov. 10, 2011), available at http://thf_media.s3.amazonaws.com/2011/pdf/bg2623.pdf; Ben Lieberman, The Economics of Global Warming Policy, Heritage Foundation Lectures No. 1156 (June 16, 2010), available at http://thf_media.s3.amazonaws.com/2010/pdf/hl1156.pdf; Nicolas D. Loris, The EPA's Global Warming Regulation Plans, Heritage Foundation WebMemo No. 2768 (January 20, 2010), available at http://thf_media.s3.amazonaws.com/2010/pdf/wm_2768.pdf.
[38]Elias, supra note 1, at 2.
[39] Id. at 2 (emphasis added); id. at 12 (the 2008 Lacey Act amendments were "the world's first ban on the trade of illegally sourced wood products").


text: Members from the Pasadena Fire Department Urban Search And Rescue (USAR) Team participated in helicopter hoist training hosted by Los Angeles County Fire Department Air Operations at Barton Heliport in Pacoima. The training was designed to familiarize the Pasadena USAR members with helicopter hoist operations and patient packaging which these skills are commonly used in Eaton Canyon mountain rescues. Pasadena Fire Engineer Robert Sepulveda and LA County Firefighter Paramedic Michael Nelson coordinated for months to arrange this joint rescue training. The training gave the USAR members the knowledge and skills in Air Operations but most importantly, strengthen the working relationship between the two departments. The Pasadena Fire Department would like to thank and acknowledge LA County Fire Air Operations Battalion Chief Joel Harrison, Pilot Warren Messina, Captain Dave Scanlan, Firefighter Paramedic Brad Idol, and Firefighter Paramedic Michael Nelson.

subset: commoncrawl


text:
Jaime Hernandez: In the middle of April 2008, John Nanney from Leesburg, Georgia discovered the first known 2008-W Silver Eagle that had a Reverse design from the year 2007.
The official release date for all 2008-W Uncirculated Silver Eagles was on March 17, 2008. All 2008-W Burnished Uncirculated coins were offered directly to the public by the U.S. Mint, unlike non collector 2008 Uncirculated Silver Eagles which are only sold to authorized bullion purchasers by the U.S. Mint.
Sometime possibly as early as 2007, for some unknown reason the U.S. Mint decided to modify the reverse design of all upcoming 2008 Silver Eagles, including the Proofs. Consequently, all pre 2008 Silver Eagles should have a slightly different reverse design compared to regular 2008 and post 2008 Uncirculated and Proof Silver Eagles.
In the midst of transitioning from the old and to the new reverse design, the Mint inadvertently struck some 2008-W Burnished Uncirculated Silver Eagles (Uncirculated collector versions) with an old reverse design intended for pre 2008 Silver Eagles only. The two reverse designs are pretty much the same. However the letter fonts and portions of the design were considerably modified. Overall, it's fairly easy to distinguish between both reverses with the naked eye, especially since most of the lettering is now a different style.
Once the 2008-W Reverse of 2007 Uncirculated Silver Eagle errors surfaced, the U.S. Mint evaluated their coin inventory and discovered that at least 15 reverse dies from 2007 were employed to strike the reverse design of 2008-W Silver Eagles. Since the Mint strikes approximately 3,000 coins per each set of dies for the Burnished Silver Eagles, there are approximately 45,000 - 2008 Silver Eagles with a Reverse design of 2007 in existence.
The pick up point for distinguishing a 2008-W Uncirculated Silver Eagle with a Reverse of 2007, is on the letter U of United on the Reverse of the coin. The letter U on 2007 coins will lack the serif located on the right lower hand side of the U. In 2008 and going forward, all Uncirculated and Proof Silver Eagles should contain a serif on the bottom right of the letter U of United.


text:
The Rise of the In-House Agency
September 4, 2013
Bill Duggan, group executive vice president at ANA, and Kimberly McNeil-Downs, vice president of operations and vendor management at Fidelity Communications + Advertising, discussed the findings of an ANA survey on in-house agencies.
Members Only Content
This content is available to ANA Members only. Please login below or create an account.
You may already be a member. Find out if your company is already an ANA member.


text:
Neoseeker : Games : PC : Steam Community : Steam Games : Serious Sam HD: The Second Encounter : Steam Achievements : Rocket Jumper
Serious Sam: The Second Encounter HD
- By Croteam for PC, Xbox 360
1 members have unlocked this achievement
No comments posted yet. Why not be the first to have your say?
70 achievements
Steam Community


text:
CAUTION!!! Do not paste MS Word or PowerPoint content directly. It will mess up the whole content (because of mangled html). Please copy MS Word and PowerPoint content to Notepad first. And copy and paste from Notepad .
Windows LiveWriter is the great tool for authring blog post. nGrinder wiki(XE wiki) is actually blogs which enables Page name link as well. So we can use Windows LiveWriter to write post conveniently.
First you should donwload and instal Windows LiveWriter.
After installation, you should add a nGrinder wiki into LiveWriter. Please add followings while add blog info.
And Click Next and provide following info in next popup window.
And It will analyze the blog capability and theme(this will be used for WYSIWYG). However ngrinder wiki does not provide them well. So you should ignore it
Please select No.. here.
Now you are ready to post a article to nGrinder wiki.
You can put the title, content and copy and paste pictures here, click publish when you want to post a article. The browser will be poped up.
Unfortunately, http://www.cubrid.org will be shown not the post itself. You should move to the post by typing the URL.
However, this page is just created as a blog post not wiki post. So you can not access it by URL either. What you should do is to refresh the name alias.
It makes the blog post has another wiki style name as well. Go to wiki configure page. http://www.cubrid.org/?mid=wiki_ngrinder&entry=test-page&act=dispWikiAdminArrange
You can click Rrfesh Alias button to generate alias again. Well. It might be very unconvient.
So It's better to create Wiki page in nGrinder wiki web first, abd you can load it from Windows LiveWriter.
When you post or re-post wiki article into nGrinder wiki, you may not see the difference from previous version.
nGrinder wiki has a cache for the page. So it provides the previously cached content. You need to Recreate Cache for it.
Click Recreate cache to reflect your recent changes.
Windows LiveWriter is best tool to create a post with several images. You don't need to upload them seperately. Just copy and paste images in the post.
Before posting, you can set up how the images will be rendered. Double Click images.
You will go to Format tab in the ribbon menu. You can adjust the size and border here. Mostly It's better to make it to orginal size and very thin border.
How to make it as a default setting? After adjusting image options, you can make it as a default. Click "Set to default" button to do it.
You may want to add code snippet to developers. Windows LiveWriter has the SyntaxHighighter plugin so you can put code in the post.
Install precode plugin in your computer.
Then restart your Windows LiveWriter. In the Insert tab in ribbon, you can find Precode Snippet plugin button. Click it.
And choose "Pre" in "Surrond With" and "Java" in "Highighter Class". Then you can type code. Finally Click OK.
You may not see any differences in Windows LiveWriter. However you can see the syntax highlighted code after you post this article.


text:
Learning the Game at 9,500 feet
I journeyed back to Aspen, Colorado, for the Motherlode doubles tourney over this past Labor Day weekend, a pilgrimage I have been taking for almost 40 years. It was 1974 when I drove my VW Squareback (now with 525,000 miles but restored and owned by my son Cody) up over the Independence Pass, ears popping as you peak at 12,095 feet. Leon Fell and his staff, and tens of thousands of players over the decades, have made this a magical place to grow the game.
Back then I would just walk up the green covered ski hills to a swale that was level, and throw down my sleeping bag after a long day - and awaken to look down on the Charthouse courts to see if anyone had arrived to start play. In '74, I was lucky enough to win the Men's A. I came back 20 year anniversary, Cody was only 2, and played again with my same partner, Stu McKinlay.
I have mountain climbed and biked, fly fished and hunted all over this area, and skied some of the best powder ever. My kids and I have camp out, stayed at a real fort, and explored the amazing Aspen institute, all while first watching me play. Then they began playing in the event themselves, first with me and then with school friends. This year, Cody has come up with a teammate of his from the 18 Open team at JOs this summer - Mitch Beal. There is something about playing this game with a school friend or parent that just makes the game that much more special. There are teams from over 30 states in this event, many who have been competing in it for over a decade - it is just that kind of special volleyball event.
Watching the game teach the game unfolds over the three days. Mitch has played no doubles to speak of, and overhead passes the serve, and on day one had dozens of hand calls. So the kids go 1-3 in pool play, becoming last out and lowest seed in the single elimination tourney on Sunday. The Beals are kind enough to take care of Cody, as I have to get his sister McKenzie to her High School match that Saturday evening, before driving up over the pass at night, arriving after midnight.
Bright and early, we show up first on the courts by the Aspen Skier HS fields. With 14er Castle Peak in the background, the kids surprise themselves and win in three, then Cody asks me to help Mitch and him referee as this is the playoffs and getting serious and they don't know how to ref when it becomes "losers ref." My response is simple....keep winning you guys and you won't have to referee. Ideas are shared by the adult team they had just beaten, mentoring to help the 16 and 17 years old become better, and Doug and I put in our two cents....and they win again... and again... and before you know it, they are in the finals of this 64 team draw.
Those finals are at 10am Monday by the main Open Division men and women's sand courts, complete with music, Jon Lee announcing, and big crowds. So we head down to eat, shop and then get a look at the playing site. After watching the men's open, Mitch wants to play without shirts - Cody thinks it is a brilliant idea to lull their opponents, two strong husky men in their 30s, into a false sense of confidence.
Amid sunny skies and the hullabaloo of center court - another Kessel takes to the court in Aspen 35 years after his dad did the same. The boys put up a nice effort, falling in two, and get a jump on me, as I was 5 years older and more experienced when my win came. The game taught something special in this game, how effort helps determine a better outcome, the joy of improvement, and how playing doubles helps you work on your weaknesses - fast. It also showed me that spectating makes one far less sore than playing this game. If you find yourself with nothing to do over next Labor Day weekend, plan an adventure in Aspen which includes playing at 9,500 feet. I will bring the oxygen.


text:
Moderator: Mike
eggman1979 wrote:Does it include every single sesión? I mean, even for albums like Liverpool oratorio, Ruppert the bear, Standing Stone, Ecce cor meum, Liverpool sound collage, Fireman albums and Ocean's kingdom?
eggman1979 wrote:Wow, thanks for the info. Can't wait to read it.
Mattal1958 wrote:monkberry69, just checked out the site. Has whetted my appetite to get this.
james1985 wrote:I like the name of the publishers
Return to MACCA - all discussions
Users browsing this forum: No registered users and 1 guest


text:
Nolan Living Room Set - 2 pc.
by Prestige Designs | Item #: 923677 | Model #: 32303 |
We're sorry, this item is not available in your selected Club. Check another Club
About this item
The Nolan collection offers the ultimate in comfort, style and function! Covered in a durable brown Microfiber fabric, it is soft, easily cleaned and will last for years and years! Features include chaise pad seating, lumbar support, rolled pillow arms and decorative channel stitching. No one will have to race for the first seat on the sofa anymore because the Nolan sofa features a triple mechanism that supplies three reclining seats and the loveseat has 2 reclining seats! The Nolan frame is constructed with select lumber and/or engineered panels. These high density panels are tested for strength and staple/tack strip holding power. Every frame is designed using 3D drafting software. Frame parts are entirely or partially precision-cut using state-of-the-art CNC Routers.
An industry leading Legget & Platt reclining mechanism to ensure smooth, noise-free and easy to open operation for years of use. The American-made foam is formed with BiOH polyols, an Eco-friendly renewable resource-soybean oil that not only reduces the total energy demand by 23%, but also produces 36% less global warming emissions than traditional petroleum based polyols. Sinuous steel springs are used for durable, long lasting seat support. Sit back, relax and recline!
Assembled Country
Assembled Size
- Reclining Sofa: 91"W x 39"D x 40"H (three reclining seats)
- Reclining loveseat: 67"W x 39"D x 40"H (two reclining seats)
Component Country
Member reviews & questions
Ask & Answer
related products
1 of


text:
Here's how RW members rated this race in the past (501 votes).
In short: Challenge with a viewIn full: Anything but fresh on the start line having run a marathon close to Snowdon, however enjoyed the scenery and added challenges of the climbs en route. Thanks to all involved and thoroughly enjoyed the post race atmosphere & beer/food in the town!Date of review: November 17, 2014
In short: Tough but just got to do it.In full: This is one of those must do races & would recommend anyone to give it a go BUT make sure you do your BIG hill training and plenty of it. A fantastic race & great support, love the name on your race number which people kept shouting out.Date of review: November 12, 2014
In short: The scenery does the talking...In full: A beautiful 26 miles. The marathon does not require the hype and ceremony that sometimes is forced into lesser events, the amazing views come at you in with effortless glory and the whole race organisation is slick yet entirely relaxed. The marshalls deserve every plaudit they receive. Date of review: November 11, 2014
In short: Brilliant raceIn full: This was my 4th marathon of 2014 and the best, I was blown away by the race, the scenery, the support, etc. Really special.Date of review: October 31, 2014
In short: What goes up .......In full: My 80th marathon & one of the best so far. Finished in 4:03 & was pleased that I ran it all (just!). Views to die for & the weather behaved itself. Some food on route & on the finish line & rubbish bags on route would be recommended improvements. Felt embarrassed to litter on route but there was no other option. Really enjoyed the run.Date of review: October 30, 2014
In short: The greatest racing experience of my lifeIn full: Absolutely incredible experience. Faultless organisation, a beautiful course which had everything from tough descents to breathtaking descents and a wonderful atmosphere amongst the runners.I enjoyed every step even the hill at Waunfawr at 22 miles and being outsprinted by a guy dressed as a dog at the end!This could become addictive.Date of review: October 30, 2014
In short: Just wonderfulIn full: After hanging up my marathon shoes 10 years ago I don't know what made me enter Snowdon but I'm so glad I did. Smooth and low-key organisation keeps race stress to a minium, and the lovely organisers, marshalls, crowds, runners and locals mean that you can really enjoy your race. A relatively small field for a marathon meant that I crossed the start line in 15 seconds and you never have to dodge other runners. Crowds are fairly minimal outside the towns but where they do exist they are noisy and fun. A special mention must go to the 'Tour de France Yorkshire'-style crowds in Beddgelert who are mental. I had a great race - it really isn't too bad until the 22 mile and *that* hill - and the downhill finish is awesome - did my fastest 1.5 miles right at the end! Frequent water stations, many (but not all?) with isotonic drinks and gels. There is also food at the end but I didn't quite feel like it so not sure what that was like.Great t-shirt and memento. Overall a brilliant race, not as scary as some make out. Didn't quite get my 3:45 but it's such a fab race that for once it didn't matter.Date of review: October 30, 2014
In short: Lovely, lovely race !In full: A magical place to run. A challenge, yes, but those views and the atmosphere make it a really memorable experience. OK, I'm biased as I've run it 19 times but I'll be back again !!Date of review: October 30, 2014
In short: My new favourite race - despite the hills!In full: Only my second marathon and my first 'SNOD'. Just a fantastic day - my love of running has gone up yet again after this race. Beautiful scenery, amazing volunteers and crowd and a wonderful challenge to overcome. Three hills - the last one being utter torture - but to be honest, I felt better at the end of this marathon than I did after London earlier this year. I'll definitely run this again. If you've ever thought about doing this race - DO IT! :)Date of review: October 30, 2014
In short: Surely the best UK marathon, organised by people who really care about the event and the runnersDate of review: October 30, 2014
Visit the official Runner's World page
Follow Runner's World on Twitter
Click here
Other Natmag-Rodale Sites
Run For Charity
Injury Clinics
About Runner's World


text: This modern afro makes a huge, gorgeous statement with subtle colors and lustrous coils. The basic hair color is a rich, dark brown. A fringe around the forehead is dyed blonde and stands out among the dark coils, framing the face. Unlike the traditional afro, the medium-length locks are not combed out in a fine frizz, and are instead left thick and dense. Sheer volume enable these curls and coils to stay up, with only a little styling help.


text:
I rounded out the day with #2. It is an interesting gyokuro with a lingering sweetness & aroma, like a gentle friend that hangs around. I pretty much followed Chips parameters again- next time I'll try more leaf to water ratio, 8gr/2oz at 125F for 2minutes. I understand Kyoto gyokuros tend to be more subtle though.
1st: 5g/2oz water/140F for 90s: cloudy yellow green liquor, a sweet lingering aroma & flavor palate, slightly astringent but not bitter
2nd: 45s/150F interesting lingering sweet palate, no seaweed flavor, soft long lasting complex sweetness
3rd: 90s/160F nice again a bit lighter but still complex
4th: 3min/ 170F still interesting
5th: 3.5min/180F light reaching its end in the kyusu


text:
Sunday, April 7th at 6:00 PM
Pregame Party Starts at 4:30 PM at Harry Buffalo on East 4th
It's time to prepare for the final CavFanatic Member Night presented by Verizon of the season at Quicken Loans Arena on Sunday, April 7th at 6:00 p.m. when the Cavaliers take on the Orlando Magic.
Packages are Just $49 and include the following:
Already have tickets? Purchase a $5 party pass here.


text:
Ecumenical author Karen Armstrong wished for a Charter for Compassion, a yardstick for global empathy crafted from the input of tens of thousands of religious and secular people all over the world. She says that a version of the Golden Rule, "Do unto others as you would have them do unto you," is present in all major world religions.
Telling inspiring stories of social change.
In this entertaining talk, Sir Ken Robinson asserts that to get the best out of people, schools need to nurture creative thinkers rather than good workers.
As expectations for action in Copenhagen diminish, activists are raising their voices. Amy Goodman interviews Bill McKibben, co-founder and director of 350.org, and Australian scientist Tim Flannery, chair of the Copenhagen Climate Council and author of The Weather Makers.
Video: Does honoring Christopher Columbus with a federal holiday perpetuate a philosophy of racism and domination?
Interview with local living economies advocate Judy Wicks.


text:
TerrestrePosted by Judah Adashi in CD Review, tags: Claire Chase, Dai Fujikura, Elliott Carter, flute, Franco Donatoni, ICE, International Contemporary Ensemble, Judah Adashi, Kaija Saariaho, Laura Mullen, Pierre Boulez
New Focus Recordings FCR 122
Claire Chase, flute
International Contemporary Ensemble
The only drawback to a Claire Chase CD is that you don't get to watch her play. Fortunately, the performances and production on Terrestre are such that Chase's visceral energy comes through loud and clear. She is joined on several pieces by her outstanding colleagues in the International Contemporary Ensemble (ICE).
Terrestre opens with the title track, by Kaija Saariaho. ICE has worked with Saariaho on several occasions, and it's apparent from this vibrant recording that Chase, violinist Erik Carlson, cellist Kivie Cahn-Lipman, harpist Nuiko Wadden and percussionist Nathan Davis feel a deep connection to her music.
The old chestnuts on this disc are by modernist icons. Chase and pianist Jacob Greenberg romp through Pierre Boulez's Sonatine and Franco Donatoni's Fili, while she and clarinetist Joshua Rubin spar elegantly in Elliott Carter's Esprit Rude, Esprit Doux.
The highlight of the album is Dai Fujikura's Glacier for solo bass flute: a subterranean, twenty-first century answer to Debussy's Syrinx. Chase follows it with a graceful reading of Laura Mullen's poem was-O, closing out her second solo release and building anticipation for her third.


text:
First Responders Resources
PG&E is committed to working with first responders to prepare for and respond to natural gas and electric outages, hazards and emergencies. Below are resources that may be helpful to your department.
PG&E Resources
Outage Map
Find outages in your area. Visit the electrical system outage map.
Gas Transmission System Map (login required)
PG&E's natural gas transmission system delivers clean natural gas to more than four million customers. Use our interactive map to find pipelines and other gas transmission system information in your area.
External Resources
AEGIS Insurance Services
Videos and other resources for first responders covering basic electric safety and response tactics for emergency situations.
Pipeline Association for Public Awareness (PAPA)
Safety resources for emergency officials including pipeline emergency response guidelines, videos, interactive scenarios and decision making walkthroughs.
Pipeline Emergencies, National Association of State Fire Marshals (NASFM)
The most innovative and comprehensive curriculum of its kind for first responders and pipeline industry safety personnel. The e-book format incorporates videos and interactive graphics with simulations and textbook learning to provide a broad representation of pipeline operations and tactical response options.
Dept. of Transportation National Pipeline Mapping System (NPMS)
Locate gas transmission pipelines in your community by zip code, county or state.
Training Survey
Please take our brief survey. Your feedback will help us improve our materials and our program.
Take the survey
Training Resources
Learn more about educational materials for first responders.


text:
This document contains the details OpenGIS, a suite of standards and profiles for the interoperable exchange of information relating to geospatial information including the exchange of sensor data. From this suite, the following are particularly useful to the purposes of the smart grid:
- CityGML Encoding Standard for the representation, storage and exchange of virtual 3D city and landscape models.
- Coordinate Transformation Services
- GeoXACML – extends OASIS Access Control Markup Language (XACML) to Geospatial information
- KML – foundational standard for expressing geographic annotation and visualization
- SensorML the geometric, dynamic, and observational characteristics of sensors and sensor systems.
- Sensor Observation Service Interface Standard (SOS)
- Sensor Planning Service Interface Standard (SPS)
- Transducer Markup Language Encoding Standard (TML)
More Information on this standard can be found here.


text:
Submit News
Windows 8 Early Adoption is Well Behind Pace Set by Windows 7
Shane McGlaun
October 2, 2012 10:18 AM
Recipient E-mail
Sender E-mail
(Source: ComputerWorld)
Windows 8 not at popular as Windows 7 so far
Microsoft has
a lot riding on Windows 8 operating system
. The software giant is hoping that Windows 8 will bring a slew of consumers upgrading from older computers and older versions of its operating system. Microsoft is also betting that Windows 8 will get a
strong foothold in the tablet market as well
So far, users are currently five times less likely to be running Windows 8 as they were Windows 7 at the same point before its launch. The new statistics come from research firm Net Applications and indicate a lukewarm reception of the Windows 8 operating system by consumers.
Windows 7 was a follow-up to Windows Vista, which was one of the more maligned versions of Microsoft's operating system in recent years. Windows 7 lured many upgraders not only from Vista, but from the older XP operating system as well. Windows 8 doesn't have the luxury of following an unloved version of Windows like Windows 7.
The statistics offered by Net Applications only count computer users who installed preview versions of Windows 8 and preview versions of Windows 7. The statistics are believed to provide a clear indication of consumer interest in the operating system rather than a desire or need for new computer hardware.
In September, only 0.33% of all computers using Windows relied on Windows 8. That works out to 33 out of every 10,000 Windows machines using Windows 8. By the end of September 2009, with very similar time remaining before the launch of Windows 7, the operating system accounted for 1.64% of all Windows PCs working out to 164 out of every 10,000 units.
Analysts are beginning to believe that Microsoft won't see the uptick in OS sales that it hoped for with Windows 8. Gartner recently advised clients that it predicts the operating system would top out at only 20 to 25% share in the corporate environment.
Windows 8
went RTM in August and will launch this month.
"And I don't know why [Apple is] acting like it's superior. I don't even get it. What are they trying to say?" -- Bill Gates on the Mac ads
Related Articles
PC Makers: Windows 8 May Not Be All It's Cracked Up to Be
August 21, 2012, 12:17 PM
Windows 8 Hits RTM, Paves Way for October 26 Consumer Launch
August 1, 2012, 12:36 PM
Acer Embraces Windows 8 with New Tablets, Ultrabooks, and All-in-Ones
June 3, 2012, 11:29 PM
Latest Headlines
WhatsUp with WhatsApp?
August 29, 2016, 5:23 AM
Fuchsia – Google's New Open Source Operating System
August 17, 2016, 6:30 AM
Windows 10: End of an Era & A New Beginning
August 1, 2016, 9:59 AM
Free Windows 10 offer ends July 29th, 2016: 10 Reasons to Upgrade Immediately
July 22, 2016, 9:19 PM
Quick Note: Whoops, Microsoft Pushed Unwanted Windows 10 to Some Users
October 15, 2015, 9:04 PM
Quick Note: Windows 10 Insider Preview Build 10565 Fixes Boot Camp 6.0 Issues
October 13, 2015, 11:39 AM
More Headlines
Most Popular Articles
Super Hi- Vision Will Amaze the World
January 16, 2017, 9:53 AM
Comparison: Xiaomi Mi Mix Vs. HTC U Ultra
January 14, 2017, 12:10 AM
A Few Technology Trends, Highlight's of 2017
January 14, 2017, 12:31 AM
Gionee Marathon M5 Plus – China's Flagship Smartphone
January 15, 2017, 2:02 AM
There is no comparison when it gets to LG TV.
January 13, 2017, 12:01 AM
Latest Blog Posts
News of the World
Saimin Nidarson
Jan 19, 2017, 7:00 AM
News of the Day Wednesday 1/18/2017
Saimin Nidarson
Jan 18, 2017, 12:01 AM
Some tips
Saimin Nidarson
Jan 17, 2017, 12:16 AM
News of the Day
DailyTech Staff
Jan 16, 2017, 12:10 PM
News and Technology Advancement
Saimin Nidarson
Jan 16, 2017, 7:58 AM
Tech News
Saimin Nidarson
Jan 15, 2017, 12:32 AM
Here is Some News
Saimin Nidarson
Jan 14, 2017, 12:39 AM
News: Improved and New products
Saimin Nidarson
Jan 13, 2017, 12:01 AM
News around the world
Saimin Nidarson
Jan 12, 2017, 12:01 AM
Rumors and Announcements
Saimin Nidarson
Jan 11, 2017, 12:01 AM
This year CES and ridiculous gadgets
Saimin Nidarson
Jan 10, 2017, 12:01 AM
Nokia Android phone spurns the west.
Saimin Nidarson
Jan 9, 2017, 12:08 AM
New at CES 2017 - Changhong 8K Super Slim TV 65ZHQ3R
Elroy Bethell
Jan 8, 2017, 1:07 AM
Debuted at CES 2017 - Vuzix Blade 3000 Smart Sunglasses
Elroy Bethell
Jan 8, 2017, 12:39 AM
Some news of Day
Saimin Nidarson
Jan 7, 2017, 12:01 AM
News 2017 CES
Saimin Nidarson
Jan 6, 2017, 12:01 AM
Here is the Latest News in Tech
Elroy Bethell
Jan 5, 2017, 1:47 AM
AI Beats World's Best at Chinese board game "Go"
Elroy Bethell
Jan 4, 2017, 11:21 AM
Las Vegas 2017 CES
Saimin Nidarson
Jan 3, 2017, 12:01 AM
More Blog Posts
Copyright 2017 DailyTech LLC. -
RSS Feed
About Us
Terms, Conditions & Privacy Information
Kristopher Kubicki


text:
Double delight for Gareth Bale
Tottenham forward Gareth Bale has become the first player since Cristiano Ronaldo to do the double at the PFA Player of the Year awards.
- Related Content
11. Gareth Bale
|26 (0)
Bale beat off competition from Luis Suarez, Robin van Persie, Juan Mata, Eden Hazard and Michael Carrick to win the senior gong for the 2012-13 season.
The Welshman also took home the Young Player of the Year award, making him only the third player in history to receive both prizes in the same season.
"It's a massive honour," the Welshman said.
"To be voted by your peers is one of the biggest things in the game. It's great to win it and I am delighted."
Ronaldo scooped both the young player and the main award in 2007, some 30 years after Andy Gray become the first professional to do so.
Bale won the senior award two seasons ago when he shot to fame with a series of scintillating displays domestically and in the Champions League.
But he has gone on to become an even better player since, transforming himself in to a goal scoring machine that has found the net 29 times for club and country so far this season.
The Welshman, whose latest goal came yesterday in Tottenham's 2-2 draw at Wigan, dedicated the prize to his team-mates and manager Andre Villas-Boas.
"When you look at the list there are some massive names on it and the other nominees have been unbelievable this year, but I couldn't have done it without the team," Bale said.
"They have been fantastic this year and so has the manager.
"I couldn't have won it without them so I would like to give them all a big thank you as well."
Bale had previously spent most of his career deployed on the left wing, but this term he has played more centrally, which he thinks is the reason why he has scored so many times.
"I have been shooting a lot more, and I have been coming inside a lot more too," he said.
"There are a few goals which I enjoyed. The one against Norwich was one of my favourites, and the West Ham one.
"Those two are my favourites from this season.
"I have a few less assists this year but I am in more scoring positions these days and that has obviously helped my scoring tally as we have seen this season."
Bale's talents on the pitch are worthy of praise, and his attitude off it has also been complimented.
While Suarez, who was also on the Player of the Year shortlist, has got himself into trouble of late by biting Branislav Ivanovic's arm, PFA chief Gordon Taylor thinks Bale is a good role model to the youth of today.
He said: "Everyone knows Suarez is a great footballer, I just wish at times he could fall in to line because footballers are role models and Gareth and Robin van Persie are really good examples for the younger generation."
Taylor also is in no doubt about the talents Bale has displayed on the pitch this term.
"Gareth has had a tremendous season, he has had the same impact on Welsh football as Ryan Giggs did. He is part of the Southampton success story."
The Merit award went to Manchester United manager Sir Alex Ferguson, the class of '92 and their coach at the time Eric Harrison.
Arsenal Ladies midfielder Kim Little won the inaugural Women's Player of the Year award.
Little, 22, has been a regular at Arsenal since she joined from Hibernian at the age of 16 and last summer was a part of the British Olympic team at London 2012.
This is the first time that the PFA have handed out a women's award as next year will be the first season that females are allowed to join the organisation.
Little was delighted to be involved in the occasion. The Scot said: "It is a great night for me.
"For various years I have watched this event on television so to come here and win the first award is fantastic."end
Click here for completely free £10 bet with Sky Bet


text:
Main Content
- 11" Inseam on Size 30
- 92% Polyester/8% Spandex
- Platinum series
- PX3 Performance Stretch Fabric
- Quality embroidery
- Tie front with four grommets
- Imported
- Imported
- Brand: Billabong
Billabong Customers also liked:
Special event items are produced by manufacturers only after the outcome of a game or event. These are advanced sale items and will ship immediately after they are received in our warehouse.
Manufacturer direct items are shipped directly from the manufacturer. These items are not available for international or expedited shipping.
Customized items can be personalized with options such as your name, your favorite number, and/or designs. Some options may be limited by league rules.


text:
PRINCESS ANNE, Md. - (Dec. 16, 2011) - The University of Maryland Eastern Shore today awarded 269 degrees at its 15th winter commencement exercises.
Maryland Lt. Gov. Anthony Brown delivered the graduation ceremony address, calling on the class of 2011 to "live well … serve … and be great."
During the two-hour ceremony at the William P. Hytche Athletic Center, the university handed out 219 bachelor's degrees, 40 master's degrees and 10 Ph.D.s -- including to two UMES employees.
Dr. Melanie White-Davenport and Dr. Corey J. Bowen
Corey J. Bowen of Berlin, manager of the Henson Center, and counseling services director Melanie White-Davenport of Fruitland, earned doctorates in organizational leadership. Both drew hearty rounds of applause from friends and colleagues in the crowd as their names were announced and they received the traditional hood to accompany their graduation regalia.
Of the 269 degree recipients, 212 are from Maryland, according to the UMES registrar's office.
Kierrah L. Norman of Washington, D.C. finished her undergraduate degree work in rehabilitation services, thanks in part to financial aid from an education organization underwritten by a grant from the Bill and Melinda Gates Foundation. She is one of the first participants in the D.C. Achievers Scholarship Program to graduate from college, according to the College Success Foundation, which administers the Gates' grant.
The winter commencement was Mortimer Neufville's first as interim president since replacing Thelma B. Thompson, who retired in August. Neufville was a UMES administrator from 1983 to 1996.
An enthusiastic crowd cheered and waved signs as loved ones strolled across the stage, shaking hands with senior UMES administrators, Neufville and Brown.
Brown challenged graduates to break down barriers and to ask: "How will I choose to serve ... and how will I make a difference?"
He prefaced that challenge by the telling the story of how his 87-year-old father, a semi-retired physician, quietly provided free medical care to patients – some of whom he treated while making house calls – throughout his life.
"Our world rewards hard work – and smart work," Brown said.
For Megan I. Azu of Cheverly, Md., graduation day was bittersweet. She received her degree in music education and had the honor of leading newly minted graduates in singing the alma mater, but she her mother died in July from heart disease.
Dr. Karen Verbeke, chair of UMES' education department, described Azu as "a wonderful young lady" whom she admired for persevering through difficult times and being a role model for a younger sibling. Azu is a candidate for a teaching job in Princess George's County.
A delegation of officials from Nigeria, which has helped underwrite the studies of nearly 100 international students at UMES over the past several years, was present to witness some of those young people receive their degrees, including nine who earned master's degrees in applied computer science.
Bill Robinson, UMES director of public relations, 410-621-2355.


text:
State Rep. Jennifer Mann to Address Cedar Crest College's 142nd Commencement on May 12
Allentown, Pa. (April 23, 2012)— Lehigh Valley State Representative Jennifer Mann will deliver the commencement address to approximately 465 graduates at Cedar Crest College's 142nd Commencement on Saturday, May 12, beginning at 11 a.m. under a tent in the center of campus.
Cedar Crest College's mission is to instill in all women the desire and confidence to become leaders to the best of their abilities, and Jennifer Mann certainly sets a high standard.
"Jennifer Mann has worked tirelessly and successfully on behalf of the people of Pennsylvania—and particularly women—and she's a fine role model for our students," said Cedar Crest College President Carmen Twillie Ambar, who will confer the baccalaureate and graduate degrees. "It's really a great honor and privilege to have Jennifer share her personal story and insights with our students as they set out to become committed leaders and productive members of society."
For the 14 years she's been in office, Mann has been one of a handful of women voting on critical legislation that greatly impacts women of Pennsylvania and their families, including the creation and fine tuning of Megan's Law, which requires sex offenders to register with the state.
The lifelong Allentown resident said she sees the urgent need for women to have more input on these and other issues of importance to them, and said the 22,000-plus hours of community service Cedar Crest College students perform every year shows their commitment to making society better.
"I'm proud and excited to be speaking at Cedar Crest College's Commencement, and to be a small part of such an important day for these young people," Mann said. "The College puts a great deal of focus on leadership and specifically women's leadership, and it's important that these students aren't afraid to step outside of their comfort zone to make a contribution and have an impact. You can't wait for other people to change things you don't like. I hope to inspire them to continue to change their world."
As a former small-business owner and Lehigh University graduate with degrees in government and economics, Mann's legislative focus is a comprehensive effort to support job creation in the Commonwealth through investments in infrastructure, education and business-friendly economic policies.
She participated in the launch of the Cedar Crest College School of Adult and Graduate Education (SAGE) in November, where she said of the ambitious initiative: "In today's world and with the challenging and ever-changing economics of our time, so many people have to retool, rework and refocus what it is that they're doing not just with their time and effort but for that bottom line—to earn a paycheck. To make that more convenient and to create more opportunities is pivotal. To adjust programs and the curriculum with the demands of the economy is really crucial."
Mann serves on the board for the Pennsylvania Higher Education Assistance Agency and as chairwoman of the Finance Committee for the Team Pennsylvania Foundation—a unique organization that helps bridge the gap between the private sector and government to help businesses expand and create jobs.
She also works to encourage a rebirth of community neighborhoods in cities like Allentown with her support of programs like the Main Street and Elm Street initiatives and a strong emphasis on public safety and reducing crime, and supports community organizations that work to build a better Lehigh Valley.
She serves on the board of the Arthritis Foundation of the Lehigh Valley, the Executive Board of the Minsi Trails Council of the Boy Scouts of America, the Boards of Associates for the Allentown Art Museum, Muhlenberg College and Cedar Crest College and the Honorary Board of Junior Achievement of the Lehigh Valley. She serves as a government liaison for the Program for Women and Families, a nonprofit organization dedicated to helping victims of domestic violence.
Mann has announced that she will leave office at the end of her term in January 2012. She said she plans to continue advocating for the many organizations and programs she supports, while considering options for the next phase of her career.


text:
Driving Tune-in for World Premiere
September 25, 2013
National Geographic channel created a tablet app to help drum up exposure for its Killing Lincoln factual drama.
Members Only Content
This content is available to ANA Members only. Please login below or create an account.
You may already be a member. Find out if your company is already an ANA member.