text:
Approved for public release; distribution is unlimited.
Document created: 6 September 00
Published Aerospace Power Journal - Fall 2000
No soldier can fight properly unless he is properly fed on beef and beer.
Duke of Marlborough, 1650
Maj Lisa L. Turner, USAF*
* The author is a student at Air Command and Staff College, Maxwell AFB, Alabama. She is a member of the bar of the state of Virginia and previously served as an instructor at the Air Force Judge Advocate School.
LT WILLIAM R. SINCOCK and Lt Theodore Q. Balides were not the first US servicemen to mistakenly drop bombs on a neutral country during World War II.1 They were, however, the first and apparently only airmen to be court-martialed for dereliction of duty as a result of such an incident.2 Their court-martial is not surprising, given that approximately one court-martial was convened for every eight service members who served in the US armed forces during World War II.3 It was unusual that they were afforded defense counsel and subsequently acquitted because at that time, there was no right to a defense lawyer and there were more than 60 general court-martial convictions for each day of hostilities.4 Those staggering numbers exposed millions to the military criminal system under the Articles of War. When those citizen-soldiers returned from World War II, a hue and cry went up in the nation to dramatically reform the system of military criminal law.5 As a result, the Uniform Code of Military Justice (UCMJ) was enacted and signed into law by President Harry Truman on 5 May 1950.6 This year, we celebrate the 50th anniversary of the UCMJ, a system that balances the need of the commander to ensure good order and discipline in the armed forces and the American traditions of due process and fairness.
In addition to concerning themselves with the UCMJ, service members who leave the boundaries of the United States must not only understand the UCMJ but also familiarize themselves with the laws of foreign countries and of the international community. Under some circumstances, a foreign country will retain the right to prosecute members of the US armed forces for violations of the host nations criminal laws. This concept is known as foreign criminal jurisdiction. Switzerland did not attempt to prosecute Lieutenants Sincock and Balides; however, other nations have prosecuted US service members. International law also impacts the legality of a service members actions. The Law of Neutrality prohibited intentional bombing of Switzerland during World War II and of the Chinese Embassy in Belgrade, Yugoslavia, during Operation Allied Force. In some instances, the international community has the right to prosecute alleged war crimes.
It would be pure speculation to ask whether Lieutenants Sincock and Balides would be court-martialed under the UCMJ for the bombing of Zurich and the resultant deaths of innocent civilians. What is certain is that today they would find a substantially different system with significantly increased rights and protections. The UCMJ was a significant break with tradition. It replaced almost unfettered command authority in the criminal justice arena with a system of justice that recognized the need to balance individual rights under the American tradition of fairness and due process with the command need to ensure good order and discipline.
Prior to the UCMJ, the Army and Navy had their own governing criminal statutes. The court-martial of Lieutenants Sincock and Balides occurred under the Army Articles of War, which were founded upon a tradition of commander-centered discipline reaching back through history. Personnel in the Navy and Marine Corps were tried under the Articles for the Government of the Navy. The Articles of War and the Articles for the Government of the Navy as originally adopted by the Continental Congress in 1775 were developed out of ancient military codes that centered upon the right and necessity of a military commander to exercise strong disciplinary measures when he saw fit.7 Courts were viewed as tools of the commander, and little thought was given to protecting the rights of an accused.8
Many of the over 16 million men and women who served in the United States armed forces during World War II, including civilian lawyers, left the services with a poor view of the Articles of War. The American Bar Association, American Legion, and other private organizations spoke out for reform, as did citizenry across the nation. The result was a significant reformation of the system with the creation and enactment of the UCMJ.9 Each subsequent refinement of the UCMJ has afforded members of the armed forces more protections. In the all-volunteer force of today, 2.39 service members per thousand are court-martialed in the Air Force,10 a fraction of those court-martialed during World War II. There were a total of only 851 courts-martial of all types in the Air Force in calendar year 1999.11
The present military justice system intentionally incorporates as many of the commonly recognized federal criminal procedural and evidentiary rules as possible.12 For example, although Col James M. Stewart was the presiding officer for United States v Sincock and Balides, a revision to the Manual for Courts-Martial (MCM) instituted the use of military judges. Lieutenants Sincock and Balides were fortunate to have a lawyer on their defense team, because there was no right to a lawyer under the Articles of War. Today, military members have greater rights to an attorney than our civilian counterparts. Military members are afforded a qualified defense counsel free of charge in all special and general courts-martial, whereas civilians are provided counsel free of charge only when their financial situation is such that it warrants it. Even before the civilian case that resulted in the familiar Miranda Rights, the UCMJ applied the right to remain silent (Article 31) to the military. Even now, Article 31 affords more protection to a member of the military who is suspected of an offense and is being questioned for official law enforcement or command purposes than a similarly situated civilian who is being questioned by the police. Our military justice system protects the individual through these and a variety of other measures, many of which were recognized in the military forum years before they were granted in civilian criminal trials.13
Just as the UCMJ protects the rights of members of the armed forces, it is also a tool for the commander to ensure discipline and obedience of lawful orders.14 Without means of accountability, such as the UCMJ, there could be no effective military discipline. The commander is inextricably involved in the military justice system and the needs of the military, and the accused are better served by his or her involvement.15 He or she knows the business of the accused and is in a significantly better position than a civilian prosecutor to determine whether a case should go to trial.16 What service member would want only lawyers deciding what cases should go to trial for dereliction of duty, rather than a commander who knows and understands the job of the suspect? Additionally, through the commanders involvement, service members are again afforded more protections than their civilian counterparts. The convening authority, in his or her sole discretion, can lessen or dismiss any finding of guilt and reduce or eliminate the sentence adjudged by the criminal tribunal. He or she cannot, however, increase the punishment.17
Examining a few incidents that could, or have, resulted in dereliction of duty and other charges may be instructive. The command structure first receives information of a potential criminal act through any number of means, such as an Air Force Office of Special Investigations report, a Security Forces Investigations report, or an Accident Investigation Board report. For example, the Accident Investigation Board for the C-130E crash that occurred on 10 December 1999 at Ahmed Al Jaber Air Base, Kuwait, found by clear and convincing evidence, that the cause of the mishap was the crews failure to follow governing directives and complacency in flight operations.18 The Accident Investigation Board report was forwarded to the General Courts-Martial convening authority for him to determine what if any punitive or administrative action should be taken against persons whose negligence or misconduct contributed to the accident.19
After receiving a preliminary report of alleged criminal conduct, the command structure evaluates the information to determine whether additional facts should be developed or if disciplinary or administrative action should be initiated. The Office of the Staff Judge Advocate assists in this evaluation and provides a recommendation. An adverse investigative report does not automatically result in a trial. It is also important to remember that a court-martial is not in and of itself punishment. Just like a civilian trial, a court-martial is simply a forum for the presentation of facts; their application to law; findings as to guilt or innocence; and finally, if the accused is convicted, adjudication of an appropriate sentence. Referring charges to a court-martial does not warrant any inference of guilt, as the judge carefully instructs the members in every trial in which the accused pleads not guilty.20
Military members whose acts or omissions rise to the level of criminally negligent behavior can be tried for dereliction of duty under Article 92 of the UCMJ. People do make mistakes in the learning process. However, when their errors rise to the level of criminal dereliction of duty, commanders have an obligation to hold people accountable for their acts or omissions. The military justice system is a key to combat readiness and capability:
Were entrusted with the security of our nation. . . . The tools of our trade are lethal, and we engage in operations that involve risk to human life and untold national treasures. . . . Because of what we do our standards must be higher than those of society at large. . . . The American public expects it of us and properly so. In the end, we earn the respect and trust of the American people because of the integrity we demonstrate.21
We accept a level of risk by the inherently dangerous nature of the profession of arms. Members of the armed forces are prepared to and regularly do make sacrifices for our nation. However, we cannot and should not have to accept increased risks or finally make the ultimate sacrifice because of a persons laziness or gross dereliction. All service members, from the intelligence officer, targeteer, munitions troop, maintainer, navigator, to the pilot must diligently perform their phase of the job. Each of us relies on the other to accomplish the mission.
To prove dereliction of duty under Article 92, UCMJ, the government has to prove, beyond a reasonable doubt, that the accused had certain duties; he or she knew or reasonably should have known of those duties; and he or she was either willfully or through neglect or culpable inefficiency derelict in the performance of those duties. The MCM explains that a duty may be imposed by treaty, statute, regulation, lawful order, standard operating procedure, or custom of the service.22 It goes on to explain that actual knowledge of duties may be proved by circumstantial evidence and need not be shown if the individual reasonably should have known of the duties. . . . This may also be demonstrated by regulations, training or operating manuals, customs of the service, academic literature or testimony, testimony of persons who have held similar or superior positions, or similar evidence.23 Acts or omissions sufficient to sustain a finding of guilt for negligent dereliction of duty are judged by the care or lack of care a reasonably prudent person would have exercised under the same or similar circumstances. Culpable inefficiency is inefficiency for which there is no reasonable or just cause.24 It is important to note that a person is not derelict if he or she is simply inept at performing duties. The MCM gives the example that if a recruit who tries hard during rifle training cannot qualify, he or she is only inept and not guilty of dereliction of duty.25
Each service member is held accountable only for his or her phase of the mission and not for an error by someone else. The 7 May 1999 bombing of the Chinese Embassy in Belgrade is a prime example.26 The mission was to attack the headquarters of the Yugoslav Federal Directorate of Supply and Procurement, and the building, as such, was a legitimate military target.27 The pilots putting bombs on target were properly performing their duties and have not been court-martialed, nor will they be.28 Errors were instead made in the techniques used to locate the target.29 None of the military or intelligence databases used to validate targets contained the correct location of the Chinese Embassy. Nowhere in the target review process was a mistake detected.30 There were no indications during collaborative discussions by the targeting cell that the target was anything other than what the Central Intelligence Agency (CIA) said it was.31 Since the bombing was unintentional and not a result of military dereliction, no members of the armed forces will be disciplined.32 Instead, the CIA officials whose errors led to the bombing were held accountable under their system.33
When dereliction-of-duty cases go to trial, it is often as a result of accidents or willful behavior that results in deaths, serious injuries, or significant property losses, just as in the court-martial of Lieutenants Sincock and Balides. Their accidental bombing of Zurich not only represented the deepest penetration of Switzerland by attacking United States bombers during the war,34 it resulted in the deaths of five people, hospitalization of 12 additional people, total destruction of two homes, severe damage of other homes, and the rendering of approximately 22 people homeless.35 It also occurred on the same day as the accidental bombing of Basel, Switzerland, and after a series of accidental bombings of Switzerland by US bombers starting in 1943.36
The court-martial and conviction of a ships navigator whose dereliction resulted in running the ship aground and its destruction is yet another example.37 Certainly, other navigators have been derelict and have taken a ship off course, but it was the dereliction that had significant impact that resulted in a court-martial. A more recent example is the 1989 court-martial of a Marine lieutenant. Undoubtedly there have been occasions when troops were temporarily unaccounted for, yet the officer in charge is not always court-martialed. However, when a young lance corporal died of exposure in the California desert, the Marine lieutenant responsible for posting and recovering his troops during a tactical exercise was court-martialed and convicted of dereliction of duty.38
Had Lieutenants Sincock and Balides been found guilty of dereliction of duty, they could have been sentenced to a maximum punishment of dismissal, forfeiture of all pay, and confinement for life. Today, the maximum punishment for violation of dereliction of duty (Article 92, UCMJ) is less severe and dependent upon whether the accused was willfully derelict. If the dereliction of duty was intentional (willful), he or she can be confined for up to six months and made to forfeit all pay and allowances. If the accused is enlisted, he or she can also be sentenced to a bad-conduct discharge. If the dereliction was not willful, the maximum imposable sentence is forfeiture of two-thirds pay per month for three months and confinement for three months; a punitive discharge is not authorized.
In cases involving damage to property, injury, or death, the accused can also be charged with other offenses such as murder by an act inherently dangerous to another, involuntary manslaughter, or negligent homicide.39 As one might expect, the maximum punishments for these offenses range from three years to life in confinement. An example of murder while engaged in an act inherently dangerous to others is found in the conviction of a soldier for the death of an unarmed civilian woman during a sham firefight he and some of his friends entered into during Operation Just Cause to cover his loss of a pistol.40 The MCM gives an example of this wanton disregard for human life as flying an aircraft very low over one or more persons to cause alarm.41
In certain cases, acts or omissions can result in nonjudicial punishment under Article 15 of the UCMJcommonly referred to in the Air Force as Article 15sor other administrative actions. For example, 10 individuals received administrative letters of either reprimand, admonition, or counseling as a result of the 14 April 1994 shootdown of two US Army Black Hawk helicopters during Operation Provide Comfort in northern Iraq.42
Commanders have also been held accountable for dereliction of duty, and their punishments have run the gamut from administrative actions such as reprimands, being red-lined (promotion cancellation), and relieved of command, up to disciplinary action or court-martial. An example is the court-martial of the Fairchild AFB Operations Group commander following the 24 June 1994 crash of a B-52H and deaths of all four aircrew members aboard.43 Three months before the crash, the pilot repeatedly and intentionally flew well below published clearances, once flying the B-52H in a pass less than 50 feet above the ground and twice flying so low that the copilot seized control of the B-52H to avoid impacting the ridgeline. After the aircrew went to the squadron commander and refused to fly with the pilot again, the squadron commander notified the group commander of the incident and recommended that the pilot be grounded. The squadron commander went so far as to tell the group commander that he would like to ensure that squadron crews never flew with the pilot again because of his lack of air discipline. Other members of the wing also approached the group commander about the pilots inappropriate flying. The group commander declined to ground the pilot. Additionally, the group commander and wing commander were briefed by the pilot on the flight profile he planned to fly at an upcoming air show. They approved a profile of bank-and-pitch patterns in violation of established directives. The crash occurred at the end of a practice flight for the air show. The group commander pled guilty to dereliction of duty. Other members of the wing were disciplined; one received an Article 15, and others were reprimanded.44
Lieutenants Sincock and Balides were acquitted of all charges, despite the substantially different system that we are familiar with today. Commanders then were known to mark prosecutors down in their performance reports if they lost cases and to require court-martial members to reopen a case after a finding of not guilty and return a guilty verdict. Today, under the MCM, unlawful command influence is strictly prohibited, and no convening authority or commander may censure, reprimand, or admonish a court-martial or other military tribunal or any member, military judge, or counsel thereof, with respect to the findings or sentence adjudged.45 Additionally, all military members are prohibited from attempt[ing] to coerce or, by any unauthorized means, influence the action of a court-martial . . . or any member thereof, in reaching the findings or sentence in any case.46 Thus, acquittals, such as that of the airborne warning and control system (AWACS) crew member acquitted of dereliction of duty following the shootdown of the Army helicopters in Operation Provide Comfort, are accepted as part of the functioning system and evidence that the system is fair to individuals.47
In addition to being subject to US law, military members may be subject to the laws of other nations. Upon discovering they had bombed Zurich, Lieutenants Sincock and Balides may have wondered if they would be prosecuted in Swiss criminal courts. When a military member deployed or operating abroad allegedly commits a crime in another country, the question arises as to which country has the authority to try the individual. This concept is called foreign criminal jurisdiction and is of significant interest to deployed commanders and individuals.
It is the policy and practice of the United States to try to obtain jurisdiction and allow the United States military to take appropriate action.48 There were apparently no efforts to prosecute Lieutenants Sincock and Balides in Swiss courts. However, there have been efforts by other nations on other occasions to exercise criminal jurisdiction over US servicemen and servicewomen, as in the case of the 3 February 1998 accident involving the US Marine Corps EA-6B Prowler jet on a low-altitude training flight in Italy that severed a ski gondola cable, causing the cable car to plunge to the ground, killing 20 people.49 An Italian prosecutor tried but failed to obtain jurisdiction over the aircrew and others in the chain of command. The Italian court dismissed the indictments for lack of jurisdiction.50 Italy was not the proper place for the trial, in accordance with the North Atlantic Treaty Organization Status of Forces Agreement (NATO SOFA), since the United States had the primary right to jurisdiction in relation to . . . offenses arising out of any act or omission in the performance of official duty.51 The United States exercised criminal jurisdiction, and the pilot was prosecuted and acquitted on charges of involuntary manslaughter, dereliction of duty, and destroying private and government property; thereafter, similar charges against the navigator were withdrawn. Both men were convicted of charges of obstruction of justice and conspiracy to obstruct justice arising from the destruction of a videotape recording of the flight by the navigator at the direction of the pilot.52
The question of who has jurisdiction depends upon a variety of factors, primarily based upon which countries are involved and what, if any, international agreements they have entered, such as the NATO SOFA. Since the UCMJ allows military members to be held accountable for their behavior wherever in the world they may be deployed or permanently assigned,53 other nations are more willing to release US service members to the United States than they might otherwise be.
As the article The Bombing of Zurich mentions, Switzerland remained outside the conflict during World War II and as such was a neutral party. International law of armed conflict imposes duties on and grants rights to neutrals.54 Generally, belligerents may not enter the territory of a neutral.55 Certainly, had the bombing of Switzerland by the United States during World War II been intentional, it would have been a war crime.56 In some instances, the international community has jurisdiction to prosecute alleged war crimes. Crimes against the peace, crimes against humanity, and war crimes were tried in both the European and Pacific theaters as a result of actions taken during World War II.57 A more recent example is the International Criminal Tribunal for the former Yugoslavia, which has jurisdiction of alleged war crimes in that country.58
Because the bombing of Zurich was not intentional, it was not a war crime. No member of the crew was prosecuted by an international tribunal. Likewise, although Chinese news reports and rhetoric called the bombing of the Chinese Embassy a premeditated war crime, it was not the intentional bombing of a neutral.59 Ms. Carla Del Ponte, the UNs chief war crimes prosecutor, recently told the Security Council that although some mistakes were made by NATO, I am very satisfied that there was no deliberate targeting of civilians or unlawful military targets by NATO during the bombing campaign.60 The bombing was in no way a violation of the Law of Armed Conflict and is therefore not a crime under international law.61 Accordingly, the bombing of the Chinese Embassy was likewise not prosecuted under international law.62
Gen George Washington said, Discipline is the soul of the Army.63 However, discipline is not possible without justice. The system of military justice we operate under today is both just and tailored to fill the unique needs of the military community. Its purpose is to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States.64
The question How could such events happen? was asked about the bombing of Zurich and about the bombing of the Chinese Embassy and will inevitably be asked in future conflicts. When that question is asked, members of the armed forces today are fortunate to be governed by the UCMJ rather than by the Articles of War that regulated the actions of Lieutenants Sincock and Balides. We are also fortunate to be part of a nation that aggressively works to protect its service members in the realms of foreign criminal jurisdiction and international law.
Maxwell AFB, Alabama
1. The reference is to the unintentional bombing of Zurich, Switzerland, in World War II. See Jonathan E. Helmreich, The Bombing of Zurich, Aerospace Power Journal 15, no. 2 (Summer 2000): 92108; and James M. Spaight, Air Power and War Rights (New York: Longmans, Green, 1947), 431.
2. See generally Jonathan E. Helmreich, The Diplomacy of Apology: United States Bombings of Switzerland during World War II, Air University Review 28, no. 4 (MayJune 1977): 1937.
3. Brig Gen John S. Cooke, USA, Retired, Military Justice and the Uniform Code of Military Justice, Army Lawyer, March 2000, 2; Hon. Walter T. Cox III, The Army and the Constitution, Military Law Review 118 (1986): 11, note 67; and Capt John T. Willis, The United States Court of Military Appeals: Its Origin, Operation, and Future, Military Law Review 55 (1972).
4. Cox, 7.
5. Ibid., 2.
6. Public Law 506, 81st Congress, c.169 § 1, 64 Stat. 108; Title 50 USC (chap. 22) §§ 551736, The Manual for Courts-Martial (MCM), United States, 1951, was prescribed by Executive Order 10214 signed by President Truman on 8 February 1951. The MCM became effective on 31 May 1951.
7. Cooke, 1.
8. Ibid.
9. The Uniform Code of Military Justice (UCMJ) took effect on 31 May 1951.
10. Telephone interview with Ms. Hattie Simmons, Air Force Legal Service Agency, Military Justice Division, 17 May 2000.
11. Ibid.
12. Appendix 21, Analysis of Rules for Courts-Martial, MCM, A21-1 (1998); appendix 22, Analysis of the Military Rules of Evidence, MCM, A22-2 (1998); Article 36, UCMJ (1998).
13. For example, the right to a qualified attorney was not recognized for some 12 years after it was granted in the military context. Gideon v Wainwright, 372 US 335 (1963). Military members had the right against self-incrimination more than 15 years prior to its recognition in the civilian community in the familiar case of Miranda v Arizona, 384 US 436 (1996).
14. See Curry v Secretary of Army, 595 F2d 837 (D.C. Cir 1979).
15. He or she convenes the court-martial and selects the members in accordance with the UCMJ. After a conviction, he or she reviews the case and sentence. He or she may approve or reduce the sentence of the members. He or she can even set aside the sentence or conviction. He or she cannot make the sentence harsher.
16. In most civilian criminal systems, the prosecutor, whether that be the district attorney, the attorney general, or another office of prosecutors, determines what cases should go to trial.
17. Rule for Court-Martial 1107, Action by the Convening Authority (MCM, 1998 edition).
18. US Air Force, Class A Flight Mishap Accident Investigation Board Report: C-130E, Tail Number 63-7854 (20 March 2000). The board found that the crew violated AFI 11-202V3 when they elected to fly a published approach . . . when the weather required for the approach was below the required minimums. The crew violated Air Force Manual (AFMAN) 11-217, Instrument Flight Procedures, when they failed to contact the Al Jaber AB tower to check weather prior to beginning their en route descent. The pilots violated AFMAN 11-217 when they failed to monitor their flight instruments during night conditions on the approach to Al Jaber AB. . . . The pilot deviated from Air Force directives when he did not wear his glasses to fly (page 20 of the accident report).
19. Air Force Instruction 51-503, Aircraft, Missile, Nuclear & Space Accident Investigations, 1 December 1998. Note: The Air Force uses the term accident investigation in lieu of legal mishap investigation. The Army uses the term collateral investigation, and the Navy uses the term JAGMAN (JAG) Manual investigation.
20. Department of the Army Pamphlet 27-9, Military Judges Benchbook, 30 September 1996, 42.
21. Gen Ronald R. Fogleman, Air Force chief of staff, The Bedrock of Integrity, remarks to the US Air Force Academy, Commander Leadership Series, 8 November 1995.
22. Par. 16c. (3), MCM (1998), IV-24.
23. Ibid.
24. Ibid.
25. Ibid.
26. See DOD Report to Congress, Kosovo/Operation ALLIED FORCE After-Action Report, 31 January 2000 (unclassified); statement of Hon. John J. Hamre, Deputy Secretary of Defense, before the House Permanent Select Committee on Intelligence, 22 July 1999.
27. Kosovo/Operation ALLIED FORCE After-Action Report, xx.
28. Jamie McIntyre, Pentagon correspondent, No punishment for bombing of Chinese Embassy in Belgrade, Cable News Network (CNN), 11 April 2000.
29. MCM (1998), xx.
30. Ibid.
31. Lt Col Tony E. Montgomery, deputy staff judge advocate, Headquarters European Command, to the author, E-mail letter, subject: [Chinese Embassy Bombing], 22 May 2000.
32. See generally McIntyre, CNN.Com, 11 April 2000; Supra, note 29.
33. McIntyre, note 30.
34. Helmreich, Diplomacy of Apology, 33.
35. Ibid., 36, note 47.
36. Ibid., passim.
37. United States v Sievert, 29 CMR 657 (2 December 1958).
38. United States v Lawson, 33 MJ 946 (NMCMR, 1991).
39. Murder is in violation of Article 118; manslaughter in violation of Article 119; and negligent homicide in violation of Article 134.
40. United States v McMonagle, 34 MF 852 (ACMR, 1992).
41. Article 118, c(4)(a), MCM (1998), IV-64.
42. Operation Provide Comfort: Review of U.S. Air Force Investigation of Black Hawk Fratricide Incident Testimony, 06/18/98, GAO/T-OSI-98-13. The administrative actions were subsequent to six Article 32 UCMJ investigations and a court-martial.
43. The vice wing commander, the pilots squadron commander, and the senior navigator on base also died in the crash.
44. Charge sheet, 30 September 1994, United States v Pellerine; Stipulation of Fact, 18 May 1995, signed by the counsel and accused; interview with Lt Col Gregory E. Pavlik, trial counsel for United States v Pellerine at Maxwell AFB, Ala., 12 April 2000.
45. Rule for Court-Martial 104, Unlawful Command Influence, MCM (1998).
46. Ibid.
47. See generally Maj Dawn R. Eflein, A Case Study of Rules of Engagement in Joint Operations: The Air Force Shootdown of Army Helicopters in Operations Provide Comfort, Air Force Law Review 44 (1998): 33.
48. See generally Maj Steven J. Lepper, A Primer on Foreign Criminal Jurisdiction, Air Force Law Review 37 (1994): 169.
49. Associated Press, Top Italian court says no authority exists for civil suit over cable car crash, CNN, n.p.; on-line, Internet, 4 August 2000, available from http://www.cnn.com/etv/cwc/WORLD/europe/story2 html.
50. Estes Thompson, Marine Pilot Acquitted of All Charges in Gondola Case, Washington Post, 4 March 1999; interview of Cesare De Carlo, Online NewsHour (web site of the NewsHour with Jim Lehrer), Public Broadcasting System, 4 March 1999, n.p.; on-line, Internet, available from http//www.pbs.org/ newshour/bb/military/jan-june99/trial_3-4.html.
51. Agreement between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces, 19 June 1951, Article VII, par. 3(a)(ii).
52. The pilot was sentenced to six months in prison, and the navigator was sentenced to dismissal from the Marine Corps. Lecture at Interservice Military Judges Seminar, Air Force Judge Advocate General School, Maxwell AFB, Ala.,1999.
53. Solorio v United States, 483 US 435 (1987), and progeny.
54. L. C. Green, The Contemporary Law of Armed Conflict (New York: St. Martins Press, c.1993), 258.
55. See ibid., passim.
56. Ibid.
57. Ibid.
58. The International Criminal Tribunal for the Former Yugoslavia (ICTY) receives its authority from United Nations Security Council Resolution (UNSCR) 827, which established an international tribunal for the sole purpose of prosecuting persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia. The ICTY investigates alleged crimes occurring on or after 1 January 1991. UNSCR 1244 (10 June 1999) demands full cooperation by all concerned, including the international security presence, with the International Tribunal.
59. Par. 16c (3), MCM (1998), IV-24.
60. Barbara Crossett, U.N. War Crimes Prosecutor Declines to Investigate NATO, New York Times, 3 June 2000.
61. China calls for new investigation of embassy bombing, 8 May 2000, n.p.; on-line, Internet, 4 August 2000, available from http://www.cnn.com/2000/ASIANOW/east/05/07/china.us.embassy.
62. Green, passim. On 30 December 1999, the Office of the Prosecutor for the International Criminal Tribunal for the Former Yugoslavia stated, There is no formal inquiry into the actions of NATO during the conflict in Kosovo.
63. Cooke, 6.
64. Preamble to the 1998 edition of the Manual for Courts-Martial, United States, I-2.
The conclusions and opinions expressed in this document are those of the author cultivated in the freedom of expression, academic environment of Air University. They do not reflect the official position of the U.S. Government, Department of Defense, the United States Air Force or the Air University.
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text: This Academy Award winner and forever an A lister slapped his girlfriend so hard a few weeks ago she lost a tooth. She never called the cops though. She told her friend who told me that she is holding out for a wedding and a secure future. Oh, and that the actor rarely showers and is the most selfish lover she has ever had.

subset: commoncrawl


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Over the past few month I've been experimenting with different types of compound, buffer pads, polish, wax etc etc. I now realise that a roll of masking tape maybe a wise purchase as alot of my black trim is stained. Especially around sunroof and rear window seal.
Does anyone know of a good way/ product for removing all this horrible white staining and restoring it?


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"It was amazing," Danzey said. "If not the best visit I have taken, I loved it. They treated me like family. Not that I didn't feel it at the other places, but I felt more than I could lay back and be the Devonte Danzey that I am."
Getting the opportunity to spend a lot of time with Malzahn and offensive coordinator Rhett Lashlee, Danzey said he got a really good feel for what the head coach is all about while on his visit.
"This weekend and how I've talking to him over the course of the last two weeks or so, he hasn't changed his words at all," Danzey said. "He told me that it's best to tell the truth instead of remembering a lie that you've told."
One of the biggest things that Danzey said he needs to see before making his final decision is who Auburn hires as an offensive line coach. Knowing the Tigers need help at the guard position, he said getting a feel for his position coach is something that is important to him.
"I need at least a quick vibe of the coach I'll be dealing with 90 percent of the time," Danzey said. "Coach Malzahn coaches with the offense, but I'm going to be with my position coach more than the head coach because he's got a big job.
"It's going to be one of his guys that he's worked with," he added about the hire. "He's got a good feeling about this guy that I may get along with him, but I have to make him my friend on my own."
Hosted on his visit by senior offensive lineman John Sullen, Danzey said that gave him a good idea of what to expect out of Auburn and also Malzahn's offense.
"I hung out with Big John and he told me I had a good chance to come in and start and replace him," Danzey said. "It's good to talk with the players because they know the inside and outside. The coaches can tell me anything, but he's been here and experienced it."
A 6-4, 290-pounder, Danzey has taken official visits to all four of his favorites and now plans to sit back and talk things over with his family in Tampa before making a decision on Christmas day.
"I haven't made a decision yet because I just need a little more time to make my decision," Danzey said. "I've had it in the back of my mind to sign on Christmas day. It will be a Christmas gift to my family and whatever school I'm going to."
Danzey said his four top schools at the moment are Auburn, Baylor, Kansas and West Virginia, but he doesn't have a leader. He has three years to play three after redshirting his first season at Hutchinson.


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Wednesday, November 6, 2013 at 09:24AM
This is why I have always said I would not be doing this job if I had kids. Not that it's completely horrible. We have 2 weekends off a month where she is free and clear to watch her girls, and another where she can catch a game depending on time, and time off during the week. We're normally laid back and don't make a fuss. We'd never say... NO! You can never take extra time off to watch your kids!! but there are some rules. Don't take off if another co worker is scheduled to be off, unless it is an emergency, because it causes major problems due to lack of good PT help. And don't take off continuously, not allowing your co workers any breathing room. She has been breaking the crap out of those. On top of everything else she has a sick mother, father, step father and Aunt in law that constantly call needing her to do something. You can't do it all while working 12 hour swing shifts in a job where an entire county needs you to do something/help. Someone is going to have to call another family mbr, or deal with you missing a performance here and there. I completely understood that my mom could not do it all. For 1.5 years she went to work, came home, ate dinner with us, made sure my dads blood sugar was okay, packed a bag, left in enough time to relieve the home health nurse and stayed all night with her dying mom who had dementia. She did it all again the next day. Her mom was more important than our yearly Christmas Concert.
When I hear terms like "
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Lalit K Jha
Washington, Feb 5 (PTI) New Egyptian Vice President OmarSuleiman is exploring the possibility of forming atransitional government under which Hosni Mubarak gives up hisexecutive powers and remains a figurehead president till theelections are held in September, according to media reports.
"If the discussions bear fruit, executive powers in thenew government could be gradually transferred to Suleiman, thecountry''s longtime intelligence chief, and a transitiongovernment that includes opposition figures," The Wall StreetJournal reported quoting people familiar with the matter.
These discussions come in the wake of increasing pressurefrom the international community including the US, amidstmassive protest against Mubarak for the past 11 days demandinghis ouster.
The Wall Street Journal said Suleiman has reached out toa group of Egyptian intellectuals to discuss how Mubarak''spowers might be delegated to the vice president for an interimperiod.
The move could be legal under Egypt''s constitution, thedaily said.
"It wasn''t clear whether such a deal would be acceptableto the opposition, which has insisted Mubarak step down beforenegotiations can begin," the news report said.
The Washington Post reported that the ObamaAdministration is urgently trying to persuade oppositiongroups to participate in a dialogue with Suleiman in a meetingscheduled for today.
The Obama administration, the daily said, has urgedEgyptian military to back the dialogue.
"In conversations with Defence Minister Field MarshalMohamed Tantawi and Lt Gen Sami Enan, the military chief,administration officials stressed the importance of preservingthe army''s position as the most respected institution inEgypt," the daily said.
Yesterday, US Defence Secretary Robert Gates called hisEgyptian counterpart for the fourth time.
"At the Saturday meeting, the administration hopes thatgovernment and opposition leaders will begin to draw thecontours of a multi-step transition, including the immediatesuspension of harsh emergency laws and establishment of aroadmap for constitutional change and free and fairelections," The Washington Post reported.


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Cochin, Oct 11 (ANI): Union Finance Minister Pranab Mukherjee has asked a top trade union to give suggestions on ways to revive sick industries.
Inaugurating the 29th National Conference and Plenary Session of the Indian National Trade Union Congress (INTUC) here on Saturday, Mukherjee said: "I would also like to suggest for the consideration of the Indian National Trade Union Congress (INTUC) leadership whether these mechanisms or any other mechanism could be worked out for the revival of the sick industry."
He pointed out that earnings from divestment of public sector shares are not used to meet revenue expenditure but invested in the separately managed National Investment Fund.
He also clarified that only earnings from efficient fund management are being utilized for specific public utility services.
"The government has committed that before the end of the 11th Plan, every hamlet in the country will be brought under the Integrated Child Development Services scheme to ensure nutrition to all children up to the age of 16 and pregnant women," Mukherjee said.
Describing reports that the government was trying to privatise the public sector as malicious propaganda, Mukherjee said the Centre's policy was to strengthen PSUs and not weaken them.
"Such propaganda is far from truth. The government's policy was clearly spelt out in the Congress manifesto and reiterated by President Pratibha Patil in her address to the 15th session of the Lok Sabha, he added.
Hundreds of trade unionists from India and abroad are taking part in the four-day session of INTUC, which concludes on October 12. (ANI)


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I found eight! The one word titles were the hardest to spot, are you going to tell us how many there are total? I really think she's done a good job of keeping her face young without looking like one of those lizard ladies... eww. READ COMMENT


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Edited by Dynamic Dave on 28/04/2008 at 20:42
Tags: technical issues
electrical faults
unexplained noises
Edited by Fluffykins on 08/05/2009 at 13:43
the fan speed regulator only works on position 4 (maximum blow). It does not work on position 1 2 or 3.
a PNP 10amp transistor from Farnell looks suitable part cope :- 9453130
Paste the link into your browser
i think the minimum spend on credit card is £20, but they have loads of stuff that will probably save you a lot!!
Hi all,I have this problem (blowers on full, can't turn them off!) with my Citroen Xsara 2.0 HDi 52 plate. I think my problem originates from the fact my alternator diode pack needs replacing - lights bright/dim pulsing!!! Hoping to get the alternator sorted early next week. I think the intermittent high voltage output from the alternator has blown one or more of the power transistors on the blower unit from what I've read here. The reason I'm messaging is just to reassure people and to add info on my experience of how relatively easy it is to get the blower unit out. All I had to do was use a basic socket set and star key set from Lidl/Aldi's to remove 3 screws to drop the carpet covering under the passenger footwell - NOTE: YOU DO NOT NEED TO REMOVE THE DASHBOARD AT ALL! Once this is pulled aside, there are 3 6mm hex bolts (brass coloured (2 easily visible, 1 towards the rear of the blower unit) - use a screwdriver type socket (you won't get in with a spanner). Also, just for those that don't know, the blower unit takes up a large area under the dashboard here (a good 6"+ across) - ie it's staring you in the face :) . Towards the back there is a plastic clip of sorts as part of the blower unit that you need to open by hand and release a loom of multicoloured wires (this loom is not going to the blower unit, just annoyingly passes in front of it), and at the front you need to remove a single wire connector, and a 4-wire connector (this doesn't have a release pin, it's just very stiff!). The gently pull off the 1/2" rubber hose that is attached to the blower drain port at the lower back. Pull the loom of wires from the back towards you and drop the back of the blower unit down and the whole unit will drop out into your hand. Now with the blower unit on some paper... There are a couple of 6 mm hex bolts holding the PCB in place. Then turn the whole unit over and remove the phillips screw from the housing and the cover will come off (you'll need to remove the wire loom by the way). To remove the transistors (big 1" jobbies!) I used a cordless drill with a 5mm drill bit to kill the rivets on the transistor side (not the PCB side) and then, if the rivets didn't fall out, finish with a 3.2mm drill bit. To remove the transistors, you'll need a soldering iron that's either good at maintaining a temp of around 350 or if you're like me and it cost £25 from Farnell, just put it higher and do it quick! Solder suck out the solder from the two pins on each transistor while pulling the transistor(s) free. My PCB was held in place by 2 locating posts (1 at each end of the PCB) that it was pressed onto - using a flat blade screwdriver you can lift the PCB off these but there is no real need. All I need to do now is get me some replacement transistors.I think it's worth replacing both transistors for all the effort here and, to be honest, if one has blown due to a voltage spike, the other has probably been stressed and could blow any time! Will repost on here if this sorts my problem out.CheersJimbo
Edited by JimboStlawrence on 30/07/2011 at 17:50
Hi,Finally back. Alternator has had its diode pack replaced, refitted, job done. I replaced the two power transistors for less than £5 total from Farnell (MJ11015G), used nuts n bolts (obviously you need to keep the length such that when fitted, they don't protude too much and scrape the fan unit). One point to note - make sure you fit the transistors first, with thermal paste, and THEN solder the legs to the board, not the other way around else you'll stress the contacts. I refitted the unit and it worked right away - and trust me, this morning, I needed the heater in the car!Thanks to all the posts above - really helped me to sort this issue out nice and easily/cheaply.Best regardsJimbo
I don't know if the blower is the same as the earlier one but on that the regulator is inside the motor, you have to remove it from the casing.
hi there, i have the same problem but on a citroen c3 2002 i was wondering would it be the same on a c3 as described in here as i have looked all over for a solution and this is the closest ive come to finding a solution.heres hoping.
Hi i got one of these from my local IFA members www.imtfa.co.uk are number P7101A cost was £15.00 + vat
Just tried the fix as mentioned in earlier posts. Despite appalling soldering skills, new transisitors were fitted and the result is a perfectly working blower. Thanks for the earlier posts - this has saved me around a ton! ;-)
I also want to thank the posters for their advice.
It drove me mad for 3 years and then following the instructions I swopped the 2 power transistors with similar ones and it worked perfectly.
I actually had the garage remove it as the screws are box heads but I then replaced it with normal Philips screws.
Don't forget to reconnect the aircon drain pipe if you have one.
A few posters asked if other issues could be the same problem.
I found over the 3 years that sometimes the fan would work on full on all settings and sometimes just on the highest settings. Changing the transistors solved all the issues.
Be careful to mark the heavy lucar connectors before removing otherwise the fan will go backwards. Actually it's a good idea to photo the set up before you start.
Best available rate 9.20%
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Representative example
The Representative APR is 13.2% (fixed) so if you borrow £7,500 over 4 years at a rate of 13.2% p.a (fixed) you will repay £199.21 per month and repay £9562.20 in total.


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Dec. 3, 2009
Complete NCAA Tournament Supplement in PDF Format
By Cameron Harris, Assistant Media Relations Director
KNOXVILLE, Tenn. - For the fifth time in the past six seasons, the 24th-ranked University of Tennessee volleyball team (23-7) will take part in the NCAA Tournament as it is set to host the first and second rounds this weekend at Thompson-Boling Arena in Knoxville. The Lady Volunteers will open the competition against Atlantic Coast Conference-foe Duke (27-5) at 7 p.m. on Friday, Dec. 4. The winner of that contest will take on either No. 11 Minnesota (24-8) or Louisville (21-10) at 7 p.m. the following day.
Live stats and video for all matches is available for free at UTLadyVols.com. Roger Hoover will provide the play-by-play for the live video stream. Ticket sales will start on Friday with prices set at $6 for adults, $5 for students and senior citizens and $4 for children. Friday's ticket is good for both matches and doors will open 60 minutes prior to the first match.
The Orange and White is 6-5 in NCAA Tournament matches under Head Coach Rob Patrick, including four victories in its run to the Final Four in 2005. Overall, UT is an even 10-10 all-time in the tournament.
Tennessee finished the 2009 regular season on quite a roll, winning 17 of its final 20 matches en route to a 23-7 overall record and 16-4 mark in Southeastern Conference play. The Big Orange was especially impressive down the stretch, claiming a pair of victories over top-15 opponents in a span of just five days, defeating No. 13 Florida on Nov. 20 and 10th-ranked Kentucky on Nov. 25.
A school-record tying five Lady Vols picked up All-SEC honors following the conclusion of the regular season, highlighted by senior Chloe Goldman who was named the league's libero of the year. She was also tabbed to the All-SEC First Team alongside junior Nikki Fowler, while senior Farren Powe and sophomore Kayla Jeter earned second-team honors and Leslie Cikra was named to the all-freshman squad.
One of the best defensive teams in the nation, Tennessee finished the regular season on top of the SEC charts in all three major defensive categories, giving up a league-low .161 opponent hitting percentage and averaging 2.72 blocks and 16.42 digs per set for the year. Entering the NCAA Tournament, the team ranks 14th in the nation in blocking. Individually, both Powe and junior Leah Hinkey place among the top 50 players in the country at 44 and 50, respectively, with block per set averages of 1.21 and 1.18. Goldman, meanwhile, topped all SEC performers and ranks 53rd in the nation with 4.75 digs per set.
The winner in Saturday's match will advance to the Minneapolis Regional, which is set to take place Dec. 11-12. The regional winners will then move on to the National Semifinals and Finals hosted by the University of South Florida and Tampa Sports Commission at the St. Pete Times Forum in Tampa, Fla., on Dec. 17 and 19.


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Crude Options Volatility Below 20 Percent Sixth Straight Day
Crude options volatility held below 20 percent for a sixth day as futures capped the longest run of weekly advances in almost four years.
Implied volatility for at-the-money options expiring in March, a measure of expected price swings in futures and a gauge of options prices, was 19.68 percent on the New York Mercantile Exchange as of 3:50 p.m., compared with 19.62 percent yesterday.
West Texas Intermediate crude for March delivery fell 7 cents to settle at $95.88 a barrel on the Nymex for a seventh weekly gain.
The most-active options in electronic trading today were March $105 calls, which were unchanged at 7 cents a barrel on volume of 1,640 contracts at 3:53 p.m. in New York. March $90 puts were the second-most active with 1,383 lots. They declined 2 cents to 38 cents a barrel.
Puts accounted for 54 percent of electronic trading volume of 34,567. In the previous session, bearish bets made up 58 percent of the 146,643 contracts traded.
April $85 puts were the most active options traded yesterday, with 8,265 contracts changing hands. They fell 4 cents to 48 cents a barrel. April $90 puts declined 12 cents to $1.08 on 5,989 lots.
Open interest was highest for March $110 calls with 40,762 contracts. Next were March $85 puts at 32,237 and March $90 puts at 28,865.
The exchange distributes real-time data for electronic trading and releases information the next business day on open- outcry volume, where the bulk of options activity occurs.
To contact the reporter on this story: Barbara Powell in Dallas at email@example.com
To contact the editors responsible for this story: Dan Stets at firstname.lastname@example.com; Richard Stubbe at firstname.lastname@example.com


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/// Beavis and Butt-head Even More Degenerate in Real Life
January 20, 2012 | Media Week
There's something creepy about cartoon characters come to life as prosthetic models—it's like a detour to a special part of the Uncanny Valley. The latest example are these crazy-looking Beavis and Butt-head models, expertly crafted by makeup artist Kevin Kirkpatrick. Butt-head could almost be a real kid, although Beavis just looks like a deranged lunatic. (This mirrors the show, though.) These models are certainly more human-looking than the other famous prosthetic we saw a few years back— the real-life Homer Simpson. More images after the jump. Via BuzzFeed.
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Beavis and Butt-head Even More Degenerate in Real Life
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Belgian Chocolate Brownies slip very nicely into stockings!
Fun to share & indulge on your own! And so easy to get...
VISIT FAIRYTALE BAKERY - Visit the "brownies" baking at Fairytale Brownies Bakery and watch through the viewing windows and eat a sample while shopping. Open Saturday 8am-5pm and Christmas Eve 8am - Noon. Go to our website first to our retail page - http://www.brownies.com/customer_service/contact_us.aspx
In our address area there is a coupon so you can get one FREE brownie or cookie; the one for your stocking!
AROUND TOWN IN PHOENIX/TUCSON - Vist AJ's Fine Foods or Whole Foods to pick up wrapped Fairytale Brownies in our most popular flavors. Then slip into stockings Chrsitmas Eve.
LOS ANGELES SHOPPERS - Those shopping in Los Angeles can pick up your Fairytale Brownies at any Gelson's Market to slip into stockings. And they are on SALE through Janaury 2 at Gelson's!
A very Merry Fairy Christmas to All and to All a Good Night!


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Mike Gundy does what he does. The Cowboys typically line up in a four-wide spread and exploit opponents with tempo and by putting defenders in space. He's comfortable with it. So comfortable, in fact, that when he went looking for an offensive coordinator to replace the departed Todd Monken, Gundy admitted that he looked for a coordinator to come in and call his plays in his system, rather than somebody with their own touch.
By looking at the advanced stats, one would assume that the Cowboys were just fine on that side of the ball again this season. Oklahoma State is averaging 40.7 points per game and 434.7 yards per game. But there are cracks in the alabaster. A big part of the reason Oklahoma State has scored so much has had nothing to do with the offense — the Cowboys rank among the league's best at creating turnovers and are also probably the Big 12's top return team on special teams. Field position has truly helped (when the return game or turnovers haven't led directly to touchdowns). The yardage can also be somewhat attributed to the fact that the Cowboys snap the ball every 20.18 seconds (that's fast), and therefore get 76.2 plays per game.
Instead, look at Oklahoma State's Offensive S&P+ ranking, which has plummeted to 47th this season. That includes a rank of 70th on Standard Downs with a high mark across all categories coming at 18th on Passing Downs. Want perspective? Last year Oklahoma State's OVERALL Offensive S&P+ ranking was 14th nationally.
Other metrics also show the difference between this year's group and last. Oklahoma State's yards per play has dropped by 1.3 yards. And Oklahoma State's team passer rating of 126.2 ranks sixth in the Big 12. Even that's deceptive, thanks to a poor overall year for conference passers. That same passer rating just a year ago would have been eighth in the league, just 4.3 points out of ninth, and a whopping 12.4 points from jumping into seventh. In fact, while utilizing largely the same quarterbacks just a year ago, Oklahoma State had a passer rating of 152.4.
Understandably then, most considered quarterback a stacked position for Oklahoma State, but both Clint Chelf (6-1 210) and J.W. Walsh (6-2 205) have struggled to throw the ball consistently this season.
Chelf is considered more of the thrower, though he has completed just 50.7 percent of his passes for 1,025 yards and nine touchdowns to four interceptions. And he's been better than expected as a runner, rushing 30 times for 230 yards and three scores. He replaced Walsh after Walsh threw two first-half interceptions against TCU and has been the starter since. Walsh is considered to be the better runner of the two.
But just as big of a factor in Oklahoma State's offensive struggles has been the Cowboys' inability to replace the production and versatility of departed running back Joseph Randle. Desmond Roland (6-2 210) leads the team in rushing with 109 carries for 506 yards and 10 touchdowns. But 219 of those yards and four of those scores came in one game, against Iowa State. And in the two games since, he has rushed 47 times for 140 yards, or just 2.98 yards per carry. Jeremy Smith was thought to be the heir apparent to Randle, but he's also struggled to break free, running 91 times for 319 yards (3.5 yards per carry) this season. He does have nine touchdowns to his credit. Freshman Rennie Childs (5-10 180), provides a change of pace. He rushed nine times for 70 yards two games ago against Texas Tech. Oklahoma State doesn't often use a fullback, with Kye Staley (5-10 236) serving almost exclusively as a blocker.
The Cowboys have had some injuries at the receiver position, including an ankle injury to Josh Stewart (5-10 185), one of the Big 12's top wideouts. Stewart is hugely important to the Cowboy attack, and it's a question whether he'll play against Texas. Oklahoma State is hoping to get Blake Jackson (6-3 235) back. He had 30 catches for 598 yards last year, making 12 catches of longer than 20 yards. Tracy Moore (6-2 215) has been outstanding on fade routes, catching 35 balls for 446 yards and four touchdowns. He's joined on the outside by Charlie Moore (6-2 202), who has 20 catches for 238 yards and three scores. Jhajuan Seales (6-2 185) has 26 catches for 374 yards, working largely out of the slot. And when Stewart went out against Kansas, he was replaced by David Glidden (5-7 185), who had a nice day with six catches for 73 yards. Oklahoma State also rotates through young receivers like Brandon Sheperd (6-1 195) and true freshman Marcell Ateman (6-4 190).
Joe Wickline might be the best offensive line coach in the league. Seemingly every year, he must replace a bevy of upperclassmen, often including an all-conference player. And this year was no exception. Oklahoma State has allowed just eight sacks in nine games (the best rate in the conference), and the Cowboys are averaging 4.5 yards per carry as a team. Right guard Parker Graham (6-7 315) is the veteran of the group, and he could garner some All-Big 12 mention. Tackle Daniel Koenig (6-6 310) has done a nice job after flopping from the right side (11 starts as a sophomore at RT) to the left. Together with left guard Brandon Webb (6-3 326), who started the final five games of the season a year ago, they form a pretty nice left side. Right tackle Brandon Garrett (6-6 295) was a junior college transfer from Trinity Valley. Jake Jenkins (6-3 298) is a first-year starter at center.
Kicker Ben Grogan (6-1 175) has been inconsistent, as you'd expect from a true freshman, making 8-of-14 field goals with a long of 41 yards. Justin Gilbert (6-0 200) is an explosive kickoff returner, as evidenced by his six career return touchdowns, including a 100-yarder against Kansas last week. He leads the Big 12 in kickoff return average. Stewart has been an outstanding punt returner, averaging a league-leading 18.2 yards per return and scoring two touchdowns this year. If he isn't able to go, his replacement will likely be Glidden, who hasn't broken loose this year.


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19 Tuesday Jan 2016
Posted social mediain
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19 Tuesday Jan 2016
Posted social mediain
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22 Wednesday Jul 2015
Posted gTLDsin
≈ Comments Off on Radio broadcast on Resonance FM
Just finished broadcasting PassWord for Resonance FM, with Kurt Pritz of The DNA and Sam Taylor of .fans, with Pete Warren presenting. Good discussion and good time had by all. Please click below if you'd like to listen in.
16 Wednesday Jul 2014
Posted gTLDs, North America, trademarks, UK and Europein
≈ Comments Off on Trouble in the .wine store for ICANN
I posted a short piece on the trouble brewing within ICANN and the GAC over protection for Geographical Indications in the second level domain of new (and possibly existing) TLDs at http://iplawye.rs/1qXtL29.
Please have a look and let me know what you think of this development. Is France right? Has it the right approach to finding a solution? Will Representative Anna Eshoo's belated intervention make any difference? (You can follow her at https://twitter.com/RepAnnaEshoo)
I'd love to hear your thoughts in the comments section.
08 Tuesday Jul 2014
Posted copyright, data protection, gTLDs, North America, social media, trademarks, UK and Europein
≈ Comments Off on Just finished up at ICANN50
I had the pleasure of attending ICANN 50 a few weeks ago. I'll be writing a few short articles over the next couple of weeks for Digilaw, but in the meantime Continue reading »
01 Monday Oct 2012
Posted trademarks, UK and Europe, vrontin
≈ Comments Off on Jurisdiction in Keyword Advertising Disputes After Wintersteiger
ECJ, Europe, Google, Internet, jurisdiction, Publications, trade marks, trademarks, UK
Keyword advertising raises interesting questions beyond the run-of-the-mill trademark infringement and unfair competition issues typically discussed. For instance, if a sponsored ad can be clicked in three separate countries, can the Courts of each of those countries take jurisdiction to hear and determine a dispute? The Court of Justice of the European Union has given a strange answer to this question, which you'll probably want to know about if you, or your competitors, do any business online. Continue reading »
22 Saturday Sep 2012
Posted copyright, UK and Europein
≈ Comments Off on UsedSoft v. Oracle article published by Society for Computers and Law
13 Friday Jul 2012
Posted trademarks, UK and Europein
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ECJ, Europe, Internet, jurisdiction, trade marks, trademarks
Further to my copyright post here, I've set out below a list of recent trade mark articles and quotes, with links where possible. A list of my recent copyright publications is here, and there's a full list of all publications here.
13 Friday Jul 2012
Posted copyright, North America, UK and Europein
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copyright, DMCA, ECJ, Europe, Internet, jurisdiction, second circuit, software, US, YouTube
I haven't been able to write here for some time, but I have been writing elsewhere. Here's a list of my recent copyright articles, with links. A list of my recent trade mark publications is here, and there's a full list of all publications here.
20 Friday Apr 2012
Posted copyright, social media, UK and Europein
≈ Comments Off on YouTube Loses Again
Below is a Google translation of the Hamburg District Court's press release of today, when YouTube was found liable for copyright infringement. I haven't proof read it yet, so it might not make much sense… Continue reading »
05 Thursday Apr 2012
Posted copyright, North America, social media, vrontin
≈ Comments Off on Appeals Court Sides With Viacom, Dismisses YouTube Summary Judgment Claim
The Second Circuit Court of Appeals has just delivered its Opinion in Viacom v. YouTube, and it has held, unanimously, that YouTube is not entitled to summary judgment on Viacom's $1bn copyright claim. The decision reverses the Southern District of New York's finding that YouTube didn't need to go to trial to determine whether it was entitled to safe-harbor protection under the DMCA.
The decision is below. Commentary will follow in due course.


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[Date Index]
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[Author Index]
Comparing terms of expression with Implied sum over indices
Does anyone know of a general method to compare terms so that one can simplify expressions with terms that are sums over indices where the the index variables are different? For example, following expression should symbolically equal 0:
Sum[f[i],{i,imax}] - Sum[f[j],{j,imax}]
The terms with sums can be more complicated and also implicit as in the case of tensor notation. The goal is to have an automatic way to Simplify tensor equations that use different dummy indices.
Thank you


text:
March 27, 2007
KNOXVILLE, Tenn. - Looking to extend its staggering 73-game non-conference regular-season winning streak as well as its current 10-game winning skein, the No. 1 Tennessee Lady Vol softball team (35-2) will welcome in Western Kentucky (13-18) on Wednesday for a mid-week doubleheader at Tyson Park beginning at 5 p.m. ET.
The Orange & White maintain a 3-0 all-time mark against the Hilltoppers, and have not faced WKU since a March 28, 2003, meeting in Knoxville when Tennessee emerged victorious by an 8-0 (five inn.) count.
Western Kentucky, under the guidance of 10th year head coach Rachel Lawson, ventures to Knoxville off a tough three-game weekend sweep at the hands of No. 15 Louisiana-Lafayette (2-3, 1-10, 0-2) in Lafayette, La. With 11 of 14 listed roster players either freshmen or sophomores, the Hilltoppers' 13-18 record is a bit deceiving as youthful WKU has faced off against some quality ranked teams during the 2007 campaign having matched-up against top-five Alabama as well as Georgia (three games), South Florida (two games) and N.C. State. Hitting .264 as a team, the Western Kentucky pitching staff is permitting the opposition to hit at a .264 clip on the season, while being outscored 122-103 through 31 contests. Freshman Rachel Boucher is heading the offensive charge at .330 (30-of-91) with five doubles and nine RBI, while rookie Lindsay Antone (.321) and sophomore Rebecca Moresky (.273) have supplied the power as both have totaled five of WKU's 15 home runs. Not much of a threat to steal bases having just 32 overall as a team, freshman Ashley Contreras provides the speed with 13 steals in 14 attempts. Both Hilltopper pitchers have worked over 100 innings with sophomore Jennifer Kempf (2.24 ERA) finding the most success with a 7-10 record and 74 strikeouts in 106.1 IP. Sophomore Ryan Rogge has hurled 103.2 innings while posting a 3.85 ERA, a 6-8 mark and 66 K's. On the defensive side of things, 39 errors have contributed to 28 unearned runs as Western Kentucky possesses a .957 fielding percentage.
After sweeping a three-game Southeastern Conference series from Arkansas over the weekend, Tennessee made a quick turnaround to take both ends of a doubleheader from a spirited Liberty squad on Monday evening at Tyson Park, 5-1 and 4-0. Senior center fielder Lindsay Schutzler achieved the UT career hits record with her initial base knock on Saturday in the series opener versus the Lady'Backs. The Monterey, Calif., native's efforts against Liberty in running the basepaths moved her among an elite club consisting of just a handful of NCAA Division I softball players. She became one of only 10 currently known members of the "3-2-1 Club" or a group of softball athletes who have registered more than 300 hits, 200 runs scored and 100 stolen bases during their playing careers. Schutzler now owns 322 hits, 212 runs and 101 stolen bases in her four years in the Orange & White to guide the Tennessee record books in each category. Senior pitcher Monica Abbott continued her outstanding work in the circle by moving to 28-1 on the year while climbing to within 153 K's of breaking the NCAA Division I career strikeout mark currently held by former Texas hurler Cat Osterman. Senior left fielder India Chiles continues to successfully battle through a left shoulder injury by tallying a six-game hitting streak while raising her batting average to a team-best .451.
Live stats will be available through utladyvols.com (Gametracker) for the doubleheader between the Lady Vols and the Hilltoppers, and periodic updates will be provided to the Lady Vol Hotline at 865-974-8700 (box #6). The second game of the doubleheader will be broadcast live on The Sports Animal (99.1, 99.3 FM, 990 AM, Yahoo Sports through utladyvols.com) beginning at approximately 7 p.m.


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Editor's Introduction to Peoplehood
By Susan Berrin
Jewish Family & Life (JFL Media), October 2006
Topic: Diaspora Relations, Peoplehood, Israel-Diaspora Relations, Membership, Globalization, Unity, Communal Organization
Name of Publication: Sh'ma: A Journal of Jewish Ideas
Editor: Berrin, Susan
Volume/Issue: Vol.37/no.634
Page Number(s): 1
Genre: Article
Coverage: United States
Language: English
Copyright Holder: Publisher
Copyright Information: Download for personal use, freely distribute link
Bibliographic Information:
Berrin, Susan. Editor's Introduction to Peoplehood. Sh'ma: A Journal of Jewish Ideas. Jewish Family & Life (JFL Media). October 2006: 1. http://www.bjpa.org/Publications/details.cfm?PublicationID=7084
» View Publication
(PDF, 148 Kb)


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Melissa Rycroft
Creating even more reasons to celebrate, Melissa Rycroft welcomed her son into the world on Easter Sunday (April 20).
The former "Bachelor" contestant gave birth to son Beckett Thomas in Dallas, Texas. According to E!, the newborn weighed 7 lbs., 7 oz., and measured 19.2 inches.
After announcing that she's expecting another bundle of joy with husband Tye Strickland, Melissa Rycroft revealed that baby #2 will be a boy.
In an interview with Us Weekly, the "Bachelor" star shared, "When I found out [I was having a] boy, I just got really excited! And Tye, he's such a guy's guy, so personally I'm really happy he gets to do all his boy stuff. It's so funny the first thing out of his mouth was, 'I feel so much responsibility now!' I was like, 'Um have you not felt it the past two and a half years?' I guess there's something to be said about the same sex parent taking the bulk of [responsibility]."
She's already a marvelous mother to 2-year-old daughter Ava, and Melissa Rycroft has another bundle of joy on the way.
The 30-year-old reality television starlet and her husband Tye Strickland are expecting their second child together, with a due date sometime next spring.
Still basking in the glory of their big win, Melissa Rycroft and Tony Dovolani showed up at "Good Morning America" in New York City today (November 28).
The former Dallas Cowboys cheerleader and her hunky dance partner both looked overjoyed as they encountered fans, showing off their championship trophies from "Dancing With the Stars" last night.
It's been a long ten weeks of competition, but the time has finally come to announce the winner of "Dancing with the Stars: All Stars."
On Tuesday night's (November 27) two-hour finale episode, not only did the final three contestants ( Melissa Rycroft, Shawn Johnson and Kelly Monaco) perform one final dance, but the viewers and audience were in for a treat when the entire season's cast made a return.
With the season finale upon us, the final three contestants of "Dancing with the Stars: All Stars" put their best foot forward on Monday's (November 26) episode.
So just how did Melissa Rycroft, Shawn Johnson and Kelly Moncao stack up on the night's scoreboard?
Kicking off the semi-finals with a bang, the remaining five couples on "Dancing with the Stars: All Stars" performed two new dances in one night.
On Monday's (November 19) episode, the dancing duos first had to mix unusual themes and styles together for a unique act, before later performing a more traditional ballroom number while paying tribute to Michael Jackson's hit album, Bad.
Dancing their hearts out while showing appreciation for our past and present service men and women, the stars of "Dancing with the Stars: All Stars" rocked the ballroom in a special Veteran's Day themed episode.
For this evening's dances, each couple was responsible for performing a military-inspired performance as well as teaming up with one other person for a trio dance. So just who walked away with the highest scores?
As if this season of "Dancing with the Stars: All Stars" wasn't demanding enough already, this week the contestants were pushed to their limits during "Fusion Night."
On Monday's (November 5) episode, the all-stars - along with their pro partners - were asked to combine two dances into one unforgettable performance.
Looking glammed up and ready to perform, Melissa Rycroft walked around the "Dancing With the Stars" set in Los Angeles, CA on Monday (October 22).
The reality star looked sexy in a cheerleader-inspired ensemble, as she toted around her daughter Ava with hubby Ty following closely behind.
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17:00 29th August 2015
NINE-MAN Stoke City slipped to a narrow and hugely controversial defeat against Midlands rivals West Bromwich Albion at the Britannia Stadium on Saturday afternoon.
The Potters saw both Ibrahim Afellay and Charlie Adam sent off during a frantic six minute spell midway through the first-half for two dubious offences.
Dutch international Afellay was dismissed in the 25th minute for raising his hand towards Craig Gardner's face, but the Baggies defender should have also been given his marching orders for the same offence – rather than receiving a caution.
Before the dust had settled referee Michael Oliver was flashing his red card once more – this time towards Scottish midfielder Adam, who was harshly adjudged to have stamped on Craig Dawson after the pair came together for a 50/50 challenge.
Moments before the interval Albion's club record signing Salomon Rondon netted his first goal in English football to win his side all three points with a cute header from inside the 6-yard box, but it is the Potters who will take most heart out of the encounter following a brave second half showing.
Substitute Marko Arnautovic went close with two long distance strikes, whilst home debutant Xherdan Shaqiri was aggrieved not to have seen an earlier effort hit the back of the net after curling a strike agonisingly wide of the post.
Prior to kick-off Hughes handed the majority of supporters inside the stadium a boost with the news that Shaqiri was included for his home debut, whilst Bojan was named in a Premier League matchday squad for the first time in eight months after overcoming a serious knee injury.
The game, which saw the return of former boss Tony Pulis, was all one-way traffic for the first 20 minutes with Mark Hughes' side displaying superb composure on the ball, and the patience seemingly needed to find an avenue through a packed out Baggies backline.
Shaqiri, a £12m summer arrival from Inter Milan, was showing glimpses of his undoubted talents, causing the Albion rear-guard no end of problems, and went close to notching the opener with a curling effort that flew just wide of target.
Leading scorer Mame Diouf was proving a nuisance too, with his power and pace enabling him to get the better of Gareth McCauley, although the veteran defender reacted well to clear the ball over the bar after Diouf had chipped 'keeper Myhill.
The Senegalese international was at it again moments later, leaping highest to meet the impressive Glenn Whelan's inviting centre but his header from 6-yards flew straight into the palms of former Stoke loanee Myhill.
Butland, a relative bystander for the majority of the afternoon, produced a stunning one handed save to keep the game all square, before the afternoon reached a pivotal and ultimately match-defining period – one in which Oliver took centre stage.
Whilst his decision to dismiss Afellay didn't come as too big a surprise after he reached towards Gardner, his thinking behind only issuing a yellow card to the Baggies midfielder, for the same offence, left everybody inside the stadium bewildered.
The momentum had already began to switch in Albion's favour following the decision, but when Adam was sent packing for an apparent stamp on Dawson moments later it seemed pretty inevitable that the Potters were going to be left with too big a mountain to climb during the remaining hour.
Still, the hosts displayed tremendous character to frustrate Pulis' troops with good defending, and managed to ask questions of their backline, despite the Baggies' two-man numerical advantage.
That was until Benin-born Rondon capitalised on the one clear-cut opportunity that the visitors had managed to create and finished with real aplomb to give his side an undeserved 1-0 lead right on the stroke of half-time.
You would have expected the visitors to have dictated the tempo of the second 45 minutes and added one or two more goals to their tally, but to Hughes' players credit, they displayed remarkable character and threatened the Baggies goal on several occasions.
Ultimately, it proved to be in vain, but still it was the Stoke supporters who were on their feet come the full-time whistle paying tribute to the nine players remaining on the pitch.
Manager happy to sign off with Saints victory...
City boss delivers his thoughts following heavy home defeat...
Guardiola hints Kompany may feature
Interactive updates from the Hawthorns...
Extended match highlights from the bet365 Stadium


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PORTLAND, Ore. – Rick Pitino, humble?
It's not the first adjective that comes to mind for most people when they think of the well-traveled coach/author/speaker, who has led three schools to the Final Four – Providence, Kentucky and Louisville – and also been the coach of the New York Knicks and Boston Celtics.
But on Saturday, as he was answering a question about whether his and Louisville's advance to the Sweet 16 was a big pressure relief after losing first-round NCAA games the past two seasons . . .
"Yes, we did lose the last two years, we had a tough injury," Pitino began. "But that's going to happen. I think you saw what happened with (first-round losers) Duke and Missouri. I'm relieved because I wanted this so much for the players."
Here it comes . . .
"For me, I say this with all humility . . ."
A pause, a few raised eyebrows . . .
"After I left the Celtics, I've had a large dose of that," he continued. "For me, I've had more fulfillment in the game of basketball than 10 coaches combined. But I've never had a group like this in my life. I wanted it for them because they've worked so hard and had so much adversity, and I wanted them to get the experience that I've been through."
Humbled in Boston? Well, yes, in 3 ½ seasons as the Celtics coach, Pitino's teams never had a winning record or made the playoffs.
And, just so you know, criticism, he says, doesn't get to him these days.
"I coached the Boston Celtics and the New York Knicks," he said. "Just Philadelphia is missing in my life for the triple crown. I can take an awful lot in my life."
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Baltimore Ravens vs Pittsburgh Steelers Almost Ruined by Two Big Missed Calls
There are 18 comments on the BleacherReport story from Dec 6, 2010, titled Baltimore Ravens vs Pittsburgh Steelers Almost Ruined by Two Big Missed Calls. In it, BleacherReport reports that:
Sunday night, the Pittsburgh Steelers and the Baltimore Ravens got together for their second meeting of the year.
Join the discussion below, or Read more at BleacherReport.
#1 Dec 6, 2010
Has anyone heard what the league intends to do about the "hits" on Heath and Ben-if anything at all ?
#2 Dec 6, 2010
Any news on what the league intends to do about the "hits" on Heath and Ben- if anything at all ?
#3 Dec 6, 2010
i think the fines usually come out mid week. there should be two fines against ben, one goes to ngata for the broken nose and one goes to suggs for hitting ben in the side of the head and then grabbing his helmet.
#4 Dec 6, 2010
Don't be surprised if no one is fined at all. These are the Steelers. Do you expect them to get a fair shake?
#5 Dec 6, 2010
nope. they will overcome the bad refs, that's what champions do.
#6 Dec 6, 2010
hey i don't remember hearing about any fines when mike vick was involved with all those late hits and looking through his ear holes with all the facemasks, so i don't look for any fines besides the steelers might have got the win, but i enjoyed watching someone finally playing thier game, cheap shots and dirty hits. GO RAY RAY!!!
#7 Dec 6, 2010
Oh please!! y don't you win a little bit, the steelers are far from champions. just because they won a superbowl 2 years ago doesn't mean they get to go every year, you traded your best playmaker (holmes) another took out last night. and a qb that held together with duct tape and super glue, and overcoming "bad refs" Superbowl XL ringing a bell? steelers-seahawks. don't whine about no SH!T about bad refs. they got the win, but not before their asses handed to them. RAVENS!!!!!!!!
#8 Dec 7, 2010
Since: Aug 10
Location hidden
#9 Dec 7, 2010
I really have mixed feeling on this. The bash in the nose was deliberate, the helmet to helmet (while the lack of concern showed made me mad) was not, but those hits should have been penalized on field, not fines after. If it wasn't for the hell Stealers have raised because of the injustice, I don't think fines were have been issued. I also don't think that Goodell and Anderson should be collecting money from other teams and pushing for a new stadium in Atlanta! Let them pay for their own stadium, we had to!
Since: Dec 08
#10 Dec 7, 2010
A new stadium in Atlanta? Isn't that one already new...? That is silly.
Since: Aug 10
Location hidden
#11 Dec 8, 2010
No Goodell wants to host a super bowl in Atlanta. The state refused to provide the funding.
#12 Dec 8, 2010
the thing that pisses me off about this is the fines don't affect the game but the lack of a penalty does affect the game. fines just affect how a player plays in the next game.
#13 Dec 8, 2010
the steelers scored 10 unanswered points in the 4th quarter. who handed who what here drooly? lol. the ravens are a second tier team that struggles in december and the post season if they even get there. they have one superbowl that happened a decade ago. the steelers are champions. everyone knows it. you know it too. that's why you hate them, they are what the ravens aspire to be...too bad the ravens just aren't tough enough or talented enough to overcome the black and gold bullies of the afc north.
#14 Dec 8, 2010
You're probably too busy hiding your still from the g-men to notice actual stats, so here they are from that game:
Total Yards Steelers 288 Ravens 269
Passing 234 226
Rushing 54 43
1st Downs 17 14
Possession 34:08 25:52
In every category that mattered, the Steelers came out on top, including the MOST important one: the final score. Your baby's crying, Jethro, so go fix him another Mountain Dew and stop trying to talk about football.
#15 Dec 8, 2010
where do these knob-headed inbreds come from? oh yeah west virginia! land of the web-toed, cross-eyed, six fingered morons. lmao!
Since: Dec 08
#16 Dec 9, 2010
Agree...the fines have no bearing the game that was actually played.
I just heard the back story on the hit to the nose with Roethlisberger --
Ben "Am i bleeding?"
Ref. Terry McCauley: "Yes."
Ben "How bout a penalty,(gingerly smile and partial laugh)?"
Ref. Terry McCauley: "No. He was just trying to make a tackle."
Odd in that I thought all hits to the head were penalties. Wasn't Terrell Suggs penalized a few years ago for trying to defend a pass and incidently hit Kerry Collins in the helmet with his hand.
Wasn't Harrison just recently fined & penalized just last week for this?
If the NFL really wants these rules to work, they need to have it accross the board and clear cut..I am not meaning that to be whining that we didn't get a flag on Ngata.
Even Chris Collinsworth made a comment during the game, that he left a pregame meeting with NFL VP Ray Anderson confused about what is truly a legal tackle and not.
Since: Dec 08
#17 Dec 9, 2010
This marks the firstI have heard a Raven fan bragging after a loss.
You don't need to worry about who we trade away. Holmes is a great player, awesome when he is focused. But he was in the last year of a deal and out for at least 4 games, plus it was likely he would not have resigned anyway, with the ever emerging Mike Wallace. So this allowed us to move Mike Wallace up the depth chart, and draft two versatile WR's (one pick from the Jets) in Emmanuel Sanders and Antonio Brown, who have a lot of potential and are already developing nicely. In addition, it opened Cap space to reacquire Antwaan Randle-El, and keep Ryan Clark. So for one superstar only available for 12 games, we added/kept 5 or so quality, proven or developing players.
#18 Dec 9, 2010
hated to see holmes go, but i think adding our young guys makes up for him. and there is no way I want to see clark go. he is a perfect compliment to #43.
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Colomba di Pasqua
|Alternative names
|Colomba di Pasqua
|Place of origin
|Region or state
|Created by
|Angelo Motta
|Main ingredients
|Flour, eggs, sugar, butter, candied peel, pearl sugar, almonds
|Cookbook: Colomba pasquale Media: Colomba pasquale
Colomba pasquale [koˈlomba paˈskwaːle] or colomba di Pasqua [koˈlomba di ˈpaskwa] ("Easter Dove" in English) is an Italian traditional Easter cake, the counterpart of the two well-known Italian Christmas desserts, panettone and pandoro.
The dough for the colomba is made in a similar manner to panettone, with flour, eggs, sugar, natural yeast and butter; unlike panettone, it usually contains candied peel and no raisins. The dough is then fashioned into a dove shape (colomba in Italian) and finally is topped with pearl sugar and almonds before being baked. Some manufacturers produce other versions including a popular bread topped with chocolate.[1]
The colomba was commercialised by the Milanese baker and businessman Angelo Motta as an Easter version of the Christmas speciality panettone that Motta foods were producing.[2]
See also[edit]
- ^ http://www.artebianca.co.uk/products/FlamigniPanettoniBox.php Chocolate version of Panettone
- ^ Porizo, Stanisloa (2007). Il panettone. Storia, leggende, segreti e fortune di un protagonista del Natale. Datanova. ISBN 9788895092317.
|This bread-related article is a stub. You can help Wikipedia by expanding it.
|This Italian cuisine–related article is a stub. You can help Wikipedia by expanding it.


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Banks Shouldn't Be Judge, Jury on Credit Defaults: Viewby
Imagine you bought a house and, to insure it, you had to purchase coverage from the homebuilder.
Then imagine a fire nearly destroyed the house, but your ability to collect the insurance depended on a committee of anonymous homebuilders meeting in secret to vote on whether to write you a check. If denied, the panel wouldn't have to provide an explanation, you wouldn't be allowed to review the minutes of closed-door discussions and you'd have no right to appeal.
Not a great system. But not dissimilar to the one that governs the world of credit-default swaps, the contracts that insure sovereign- and corporate-debt investors against default. Panels made up of representatives from large banks, hedge funds, investment firms and other interested parties, formed by the International Swaps and Derivatives Association, decide whether payouts will be made to investors.
With the Greek crisis, the group has been busy. It already ruled March 1 that Greece's debt restructuring so far wasn't a "credit event," meaning it didn't trigger payments on credit-default swaps. It may have been the correct decision. But no outsiders participated in that meeting. No transcript was made public. And when the determinations committee, as it's called, issued a decision, a terse 300-word explanation was provided. As for CDS buyers, there was no opportunity for an appeal.
Names Unknown
Although the names of the firms on this committee are known, including JPMorgan Chase & Co., Goldman Sachs Group Inc., Morgan Stanley and Pacific Investment Management Co., the individual decision makers are not. What's more, the financial stake that the firms have in Greek debt is not disclosed, although that information is sometimes available in regulatory filings.
True, only a relatively small amount of money -- about $3.2 billion after netting all parties' exposures -- is in play. But there's a larger issue here: the integrity of the ISDA process, of which Greece offers the first of several potential tests. If Ireland, Italy, Portugal, Spain or any other troubled European Union country sought to restructure its debts like Greece, the heretofore obscure ISDA could become a household name.
The next test could come as early as Thursday evening, when private bondholders must decide whether they are willing to swap existing Greek debt for new bonds, in the process accepting losses on more than half the face value of their current bonds. If the Greek government doesn't get 75 percent acceptance, it will invoke a legal clause to force all private creditors to accept the exchange. If that happens, then ISDA may have no choice but to declare the restructuring coercive, not voluntary, and trigger the CDS payouts.
Binding Contracts
ISDA defends its procedures, arguing that its panelists must have market expertise. Five of the 15 members on the Greek CDS committee are from the buy side, meaning they represent investors such as mutual funds. A supermajority, 12 of the 15, is required for a credit event decision, meaning that the 10 sell-side panelists -- representing mostly major banks -- can't ram through a decision that benefits only them. Furthermore, ISDA says, a CDS is a binding, legal contract to which all market participants have agreed. Little is left to the imagination: Definitions of credit events and other legal terms are 100 pages long.
The CDS market, thanks to ISDA and pressure from the New York Fed, already operates far more smoothly than it did just a few years ago. Until 2009, the question of whether a credit event had occurred was duked out between each CDS buyer and seller. A major default could have brought financial disaster. Still, the CDS market would benefit further if ISDA deliberations were made public -- minutes could even be released a week or two after the fact, the way the Federal Reserve publishes its monetary policy deliberations.
More to the point, monumental decisions involving billions of dollars ideally should be made by an outside, independent group. ISDA already has such groups in the wings, but it uses them only in case a determinations committee can't get agreement from a supermajority and needs to hand off the matter to a neutral panel.
In any market, secrecy begets fear. The credit markets must be supremely confident that judgments about credit events are made in good faith. And investors must believe they are being dealt with fairly. If they think default insurance no longer protects them, they might simply avoid owning the bonds of Ireland, Italy, Portugal and Spain, undermining the CDS market and endangering those countries' ability to survive the debt crisis.
To contact the senior editor responsible for Bloomberg View's editorials: David Shipley at firstname.lastname@example.com .