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Manipal OTBS
The Manipal Online Test Booking System (OTBS) is for MU OET candidates to book date, and slot for the Manipal University Entrance Exam. Candidates need to log in to book their MU OET test dates and slots.
Manipal University OET 2015
Click Here for MU OET 2015 Complete Information. – Dates, Eligibility, Pattern, Papers, Application Form, Admit Card etc.
Online Test Booking Schedule MU OET:
B.Tech and MBBS : to be done in March end.
MU OET Online Test Schedule:
B.Tech and MBBS : In April.
Manipal University OTBS 2015 is now open.
Click here to get details of online slot booking and book your test slot.
Important Instructions for Manipal OTBS 2014
- You must have a copy of the application form and online test password while logging in at the Manipal OTBS.
- The test slot once booked cannot be changed under any circumstances. You must keep in mind the other entrance exams you are applying for, their test dates, your convenience of taking the test and so on while booking slot.
- The slot booking has to be done in the given time window only.
- Candidates whose applications have been rejected for any reason, cannot book their test slots.
- If slot in one centre is unavailable, you need to select slot in another centre.
- If a particular centre has been cancelled due to less number of candidates, slot in another centre needs to be booked.
- The online test booking system is available only to those eligible candidates who have submitted the application forms complete in all respects on or before the last date mentioned for the respective courses.
- Eligible incomplete application (For example: Declaration not signed, left thumb impression not taken, course/s not mentioned, DD not enclosed, DD wrongly drawn, Internship date not mentioned, Photographs not affixed on the application etc.) will not be processed. Manipal University will not take responsibility to inform these candidates. Such candidates will not be able to access the Online Test Booking System.
Manipal 2014
The test duration is of 2.30 hours and consists of 240 multiple choice questions (MCQ) of the objective type. The approximate distribution of questions is as follows: Physics – 60 questions, Chemistry – 60 questions, Mathematics – 80 questions, English & General Aptitude – 40 questions.
Please copy and paste the following link on your browser. – http://dualstack.muotbs-611501026.ap-southeast-1.elb.amazonaws.com/muotbs/ .
Click Here for Manipal University Admission Complete Information


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Insecticide resistance and its implications for mosquito and malaria control
Stephen Gourley (October 14, 2011)
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Mosquitoes can rapidly develop resistance to insecticides, which is a big problem in malaria control. Current insecticides kill rapidly on contact, but this leads to intense selection for resistance because young adults are killed. Of considerable current interest is the possibility of slowing down or even halting the evolution of resistance. Biologists believe that much weaker selection for resistance can be achieved if insecticides target only old mosquitoes that have already laid most of their eggs. This strategy aims to exploit the fact that most mosquitoes do not live long enough to transmit malaria, due to a long latency stage for the malaria parasite in the mosquito. I will present the results of some mathematical work using stage structured population models that can make predictions about the delayed onset of resistance in the mosquito population when they are subjected to an insecticide that only acts late in life. I will also summarise some ongoing work that includes the malaria disease dynamics and also the consequences of mosquito control using larvicides. Larvae can become resistant to larvicides, but the evolutionary cost of this acquired resistance may be reduced longevity as adults, which reduces the likelihood of the parasites completing their developmental stages and thus can actually benefit malaria control.
This is a joint collaboration with Rongsong Liu, Chuncheng Wang and Jianhong Wu.
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Our friends the Wilson's hold a Halloween Party each year and this year it was, granted – a week early, however our family were excited to go and have a nice time.
I got a bargain on some outfits for Toby right after Halloween last year and so he was sorted this year. All we needed was a hat and gun. William has asked to be Batman, I said you were Batman last year can we do something else? the answer was no, then I found out that his friend Eli was going as Batman, and so I said to William why not try something else for this year, and have some fun with it, he said ok, I'll go as Hulk. Gigi wasn't fussed and so I found a nice outfit for her well I thought so until Toby said that's horrible! She wore it anyway and I had 4 other mothers asking me where they could find it for their daughter, and TJ well it's obvious. I just hope he doesn't ask for Pokemon next year.
Toby: Gangster
Sharole: Mad Scientist
TJ: Ben 10
Gigi: Witch
William: Hulk
Rocky: Spock
Sadly we didn't get a family shot.
Rocky admittedly has a next generation outfit there, but we kept it simple and Toby drew on the eyebrows. The first one doesn't show it. The last one is of Rocky and Eve fighting over a balloon. Eve (the pussycat) is 4 months younger than Rocky. Btw he won.
We all felt pretty good about our outfits however there were some awesome ones. Our friends the Tuckers went as The Incredibles and James and Courtney went as Bart and Marge Simpson, sadly I didn't get a photo of them together.
Cool huh! Most everyone dressed up, which was great. Sadly it was such a hot day not everyone stayed in their garb. The kids forgot to bring their loot bags again and in the end, they ended up with plastic bags and then William left his behind anyway.
On actual Halloween day 31st October they went trickle treating with their friends around the neighbourhood. Oddly enough it's getting more popular here and there were many houses with balloons out front showing that they were Halloween friendly. TJ and Gigi came home with fully loaded loot bags, thank goodness they don't have huge bags. They had a a blast. Fun all round.


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MILWAUKEE – David Redlawsk, professor of political science at Rutgers University, will discuss the relation among information, emotions and voter decision-making at the University of Wisconsin-Milwaukee, Oct. 12 at 3:30 p.m. in Curtin Hall, 3234 N. Downer Ave., room 175. The discussion, hosted by the university's Center for 21st Century Studies (C21), is free and open to the public.
Redlawsk is the author of Why Iowa? How Caucuses and Sequential Elections Improve the Presidential Nominating Process (with Caroline Tolbert and Todd Donovan) and How Voters Decide: Information Processing in an Election Campaign (with Richard Lau). He runs the Eagleton Poll, one of the oldest university-based polls in the country.
"We're especially excited about the timeliness of David Redlawsk's visit," says C21 Deputy Director, Mary Mullen. "He will speak directly to the ongoing presidential campaign, and our emotional reactions to the overwhelming amount of information about each candidate."
Redlawsk's talk, "Rationality: An Overrated Part of Decision Making?" will examine how behavioral decision theory provides a better understanding of what voters actually do in campaigns, she adds, including how shortcuts, emotions, and gut rationality help voters make sense of the media blitz and complicated information environment of a political campaign.
During his visit, Redlawsk will also meet with undergraduate students from the Honors College and the Office of Undergraduate Research who are studying political science or are interested in politics.
MEDIA CONTACT: Mary Mullen, 414-229-5044, email@example.com


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Adjournment Debate. - "Kerry Babies" Tribunal Costs.
Tuesday, 22 January 1985
Dáil Eireann Debate
[330]An Ceann Comhairle: Deputy MacEllistrim has been given permission to raise on the Adjournment the following matter which was the subject matter of a Private Notice Question which he submitted today and which read as follows:
To ask the Minister for Justice if he will have legal costs made available to the Hayes family of Dromcunnig, Abbeydorney, County Kerry, in the tribunal which is being held in Tralee in the Hayes baby case.
I ruled that that matter was in order on the Adjournment in so far as it related to the question of the costs of the inquiry. I must make it clear, however, that any discussion on the matter at issue before the inquiry or the conduct of the inquiry by the judge or anybody else would be very much out of order because it is clearly a matter which is currently sub judice. I ask Deputy MacEllistrim and any other Deputy contributing to please bear in mind what I have said. Otherwise I will have to bring the debate to a conclusion.
Mr. MacEllistrim: A Cheann Comhairle, I should like to thank you for giving me permission to raise this matter on the Adjournment. This is a Private Notice Question I put down to the Minister for Justice and to the Government. I wish to request the Minister for Justice and the Government to have legal costs made available to Joanne Hayes and the Hayes family of Dromcunning, Abbeydorney, County Kerry, who are involved in the judicial tribunal which is being held in Tralee.
The case is known as the Kerry babies case. The Hayes family are in pretty poor circumstances and they are not in a position to meet the legal costs involved in this tribunal. As a family they are going through a very difficult time, and they should not be subject to the additional worry of the costs of the tribunal. It is [331] very unfair of the Government to make a decision to hold a judicial inquiry without making legal costs available to the Hayes family, and particularly to Joanne Hayes, who are the principal witnesses in this case. Joanne Hayes is there as a witness and not as a defendant. She seems to be a citizen alone fighting for herself. In my county Joanne Hayes has tremendous support from the people of her own parish in Abbeydorney and, indeed, tremendous support from the people of County Kerry.
An Ceann Comhairle: The Deputy should not proceed on those lines.
Mr. MacEllistrim: She has a great deal of support from people all over the country. I appeal to the Government to answer this question and to alleviate some of the suffering and worry this unfortunate family are going through. There is widespread public disquiet about the insensitive treatment being given to the witnesses in the Kerry babies case.
An Ceann Comhairle: I cannot allow that.
Mr. McEllistrim: I am sorry, I will get away from it. It is very important that the Government should make a decision here tonight to have the legal costs paid for the Hayes family. They are under great strain and it would be a great help to the family if they got an assurance here tonight from the Minister for Justice on behalf of the Government that legal costs will be made available to them. I know the judge is to make a decision at the end of the tribunal about the legal costs, but at this stage the Hayes family are going through enough without having to worry about whether or not legal costs will be made available to them. I am not trying to pre-empt the decision of the judge at the end of the case, but the Minister for Justice could prevent a great deal of worry and trouble by making a decision on behalf of the Government to have legal costs made available to the Hayes family.
[332]Mr. Foley: I wish to thank my colleague, Deputy McEllistrim, for giving me some of his time to enable me to support the points he has made. The Hayes family and the gardaí at the centre of the Kerry babies tribunal will be liable for thousands of pounds in legal costs. When the Minister announced in this House the setting up of the tribunal I specifically asked that the legal costs of all parties involved should be covered by the Government. All parties involved have been under terrible pressures and strains during this inquiry. Now they have to face massive bills for legal expenses. This adds to the pressures on them. Their own individual financial position would not permit them to meet this financial burden which will have to be met by somebody at the end of the tribunal.
Does the Minister appreciate the severe mental pressure which is being exerted on all the witnesses at the tribunal because of their uncertainty about the question of legal costs? With the tribunal going on for so long and with costs mounting daily, the time has come for the Minister to clarify the Government's position on the question of costs. I appeal to him to make an announcement tonight on this point. Justice must not only be done but must be seen to be done to all parties involved in this tribunal. It was established by the Government, and witnesses called who have to employ expensive legal representatives to ensure that their legal rights are fully protected should not have to suffer financially. Surely the Government will accept and honour their obvious financial responsibility and not pass the buck to the learned judge in charge of the tribunal. The Government decided to seek to find out the truth in this sad situation and they must be liable for that privilege. A Cheann Comhairle, in view of what you said at the outset I will refrain from mentioning the present trend of the tribunal and the treatment of witnesses, but they are of great concern not alone in Kerry but throughout the country.
Minister for Justice (Mr. Noonan,: Limerick East): While I appreciate the [333] concern of Deputy McEllistrim — and Deputy Foley — that must have prompted him to raise this matter, I have to remind the Deputy and the House generally that I dealt very fully with this matter when moving the Resolution to have the Tribunal of Inquiry established and in fact, in replying to the debate, I dealt specifically with questions raised in relation to the legal costs of the parties to the case — for the record, all that is to be found in column 2194 of the Official Dáil Report of the debate for 11 December 1984.
As I explained then, the tribunal has power under section 6 of the Tribunals of Inquiry (Evidence) (Amendment) Act, 1979, to direct that the costs of any person appearing before it should be paid by any other person, including the State, when, having regard to its findings and other relevant matters, it considers it equitable to do so. As I said previously, there is therefore a clear legal framework for having the question of legal costs, and who should pay them, determined and in the circumstances it would be inappropriate for me to make any comment on this question pending the completion of the inquiry and the issuing by the tribunal of any directions which it might decide to make under the power conferred on it by the statutory provision.
That is the way that the Oireachtas saw fit to deal with this matter when enacting the relevant legislation in 1979 and, whether we like it or not, that is the law [334] and we are bound by it. My own view is that it is right in principle that the question of who should bear the costs should be decided by the tribunal and that it is right that such a decision should be taken in the light of the findings of the tribunal and on the basis of what the tribunal thinks is fair and reasonable. The judge constituting the tribunal will have heard all the witnesses and in the course of setting out his findings will have decided where the rights and wrongs of the situation lie. He is the person who will, therefore, be best placed to decide this matter.
I do not think it is right to expect the Minister or the Government, in the light of the clear provisions of the law, to say any more about this at this stage — certainly commitments cannot be given about the costs of any of the parties — and we should remember that there are other parties and that, so far, only part of the evidence has been heard.
I would also make the point that the inquiry is in progress at present and that all persons who have an interest in the issues have been allowed by the tribunal to be legally represented before it and have an equal level of legal representation. There is no question, therefore, of any party being deprived of adequate legal representation for lack of means.
The Dáil adjourned at 8.45 p.m. until 10.30 a.m. on Wednesday, 23 January 1985.
|Last Updated: 14/09/2010 07:15:22
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Whether you're hiring a contractor for roofing, plumbing, siding or landscaping, you'll want a high quality professional who can get the job done right. Building or remodeling your home is a complicated process, and hiring the right contractor can simplify and streamline your project. How do you know if the building contractor you choose is the best person for the job? Here are five tips for hiring a contractor:
1. Don't rely on company references.
Although it's always a good idea to ask your contractor for references, there's no doubt that you will receive a list of customers guaranteed to provide only positive feedback. It helps if you have other outside referrals from friends or family to give you a more balanced assessment.
2. Look for licenses and industry affiliations.
Research your potential contractor to make sure they have the necessary licenses for your state and project type. Designations from associations are also a great way to evaluate your potential contractor's professionalism. For example, a general building contractor may have designations from associations such as the National Association of Homebuilders or National Association of the Remodeling Industry.
3. Ask about insurance.
No matter what type of contractor you need, you'll want to make sure that they have the appropriate contractor's insurance to protect you from liability. Ask for proof of insurance before beginning any project.
4. Check for complaints.
Research your potential contractor with your local building authority or chamber of commerce so you can be confident that he or she does not have unresolved complaints from past customers. Be sure to check the licensing agency in your state for major building or safety violations your contractor may have on record.
5. Ask about his or her specialties.
If you are considering a specialty project such as building a sustainable home, then it is crucial that you find a contractor that specializes in green building. Specialty projects often require additional skills and training that not all contractors possess.
Home construction or remodeling is a complicated undertaking, but you can reduce the stress of the building process with the help of a great contractor. By gaining insight from referrals, finding proof of licenses and insurance, researching the contractor and pinpointing specialties, will find the contractor that is right for your project.


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Don't Worry About Sex Ed Anymore -- There's a Real Sex Reboot!
Good news, prurient ones: Real Sex is back—hopefully. The news comes from Vulture (which ran a great oral history of the show a few months ago). Chris Moukarbel, whose credits include Me @ the Zoo, is making a pilot for a reboot, titled SEX // NOW. It'll run January 2 at 11 p.m, and the subject is cam girls. »


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Welcome to A Wright Real Estate Management
Are you looking for a home to lease?
Are you considering leasing out your home?
Looking for land for sale?
If so, we can help.
A Wright Real Estate Management Company is a full service real estate and management company. We have highly qualified staff with diversified experience in the following areas:
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We have quality homes for lease in Beaumont, Lumberton and surrounding areas. A Wright strives to put the right people in the right house. Call us for all your property management needs. GO THE RIGHT WAY WITH A WRIGHT!


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This juvenile Galapagos tortoise lives in the World of Reptiles at the Wildlife Conservation Society's Bronx Zoo. Along with five of its siblings that are also on exhibit, this tortoise is a direct offspring of the tortoises collected from the Galapagos Islands in the 1920s by Charles H. Townsend, a New York Zoological Society explorer. Townsend brought more than 100 tortoises from Isabela Island to the United States to initiate a breeding program for the survival of the species. The largest living tortoise species, Galapagos tortoises can weigh more than 650 pounds and live more than 150 years. The parents of these six are more than 80 years old, still breeding, and considered relatively young. WCS's Bronx Zoo has officially started the summer season with Animal Tales Extravaganza. every weekend in April, May, and, June will be packed with family-oriented entertainment including readings by notable children's book authors and live musical performances. And don't miss the second annual Run for the Wild on Saturday, April 24th at WCS's Bronx Zoo. Contact:Sophie Bass - email@example.com, 718-220-6853 The Wildlife Conservation Society's Bronx Zoo is open daily from 10:00 a.m. to 5:00 p.m., 5:30 p.m. on weekends and holidays. Adult admission is $15, children (3-12 years old) $11, children under 3 are free, seniors (65+) are $13. Parking is $12 for cars and $16 for buses. The Bronx Zoo is conveniently located off the Bronx River Parkway at Exit 6; by train via the #2 or #5 or by bus via the #9, #12, #19, #22, MetroNorth, or BxM11 Express Bus service (from Manhattan that stops just outside the gate.) To plan your trip, visit www.bronxzoo.com or call 718-367-1010. The Wildlife Conservation Society saves wildlife and wild places worldwide. We do so through science, global conservation, education and the management of the world's largest system of urban wildlife parks, led by the flagship Bronx Zoo. Together these activities change attitudes towards nature and help people imagine wildlife and humans living in harmony. WCS is committed to this mission because it is essential to the integrity of life on Earth.
©2015 Wildlife Conservation Society, 2300 Southern Boulevard, Bronx, New York 10460, (718) 220-5100 | Terms of Use/Privacy PolicyRSS


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The Parent Trigger: Rebellious Moms Make History and Take Over a Failing School
After two months of deliberation, a San Bernardino judge has ruled that parents in an underserved community in Southern California can enact a "parent trigger" law to take over and transform a failing school. This is the first time a "parent trigger" law has been upheld.
A parent trigger law allows parents to petition their school to private charter organizations, lay off the teachers and/or overhaul the existing structure in other ways. Teachers unions are generally opposed to them, but trigger laws are now legal in states other than California (which was the first): Mississippi, Louisiana and Texas. And the U.S. Conference of Mayors unanimously endorsed them in June.
The case was in court because the Adelanto school district had rejected a parent petition to gain control of the low-performing Desert Trails Elementary School. The school district rejected the petition because some parents later rescinded their signatures—but the ruling yesterday says this is illegal and the district must allow for the takeover.
More: Horrific 10 Percent Literacy Rate Prompts ACLU to Sue Michigan Schools
The Desert Trails ruling was one that parents and advocates have been waiting for all summer, after initially being told it would take only about two weeks.
"We were on the edge waiting," says Gabe Rose, deputy director of Parent Revolution, the advocacy group supporting parents who wanted the "parent trigger" law. "It's an indication of the thoughtfulness with which the judge approached the issue." He takes a deep breath. "This is huge."
Although many parents at Desert Trails were excited by this announcement (approximately half the parents of students attending signed the petition), there are also plenty who are disappointed. Lori Yuan, the vice president of the Desert Trails PTA, says she believes Parent Revolution encouraged parents to sign the trigger petition as a way to launch privatization. She says the school was on track for a turnaround—without Parent Revolution. "The trigger in this case was pulled in haste because they didn't allow anything to get started," she says. "All our ducks were in a row. But if you shoot them all, nothing will flourish."
Yuan, a parent of two children at Desert Trails, says she hopes "like heck" the school district will appeal—and if they don't and the school goes charter, she will transfer. The Adelanto school district has not yet made a comment whether or not they plan to file an appeal, but according to Reuters, "Carlos Mendoza, president of the district's Board of Trustees, said he plans to urge his colleagues to appeal the court ruling."
La Nita M. Dominique, president of the Adelanto District Teacher's Association, tells TakePart she is not pleased with the ruling. "We are extremely disappointed with the decision that was rendered as it will disrupt reform efforts that are already in progress at the school," she wrote in an email. "Moreover, though we believe wholeheartedly in parents having a voice in their children's education and that it is imperative that we are partners in education with parents, we still believe that the Parent Empowerment law is deeply flawed and divisive. As well, we are deeply concerned with the rationale given regarding the rescissions. Nonetheless, it will be up to the district to decide how we all move forward from here. As for the association, we will continue to partner with parents who have a genuine desire for a more inclusive method of reform in an effort to do what's best for the students in our district."
Rose says that the media reports stating that Desert Trails parents are now shopping only for charter solutions are incorrect. "[The parents] want to work with the district to transform the school," he says, adding that the parents will most likely announce a plan later this week which may or may not involve charters. "The district has screwed them every step of the way, but they are looking for innovation. They are going to be open [to all ideas], and they are not specifically looking for charter. They are sitting down and figuring out what next best steps."
Even in the toughest communities in America... [parents] are still capable of organizing and standing up for their kids.
In the meantime, Rose adds that the Desert Trails parents are planning to use this upcoming year to polish a plan for the 2013-2014 school year and work with the district to make sure students adhere to some new rules, such as a longer school days.
He says he is hopeful this ruling will lead to more parent trigger successes across the country. "This is the first time parents have won a parent trigger campaign in America," Rose says. "People have been wondering if this could work. This ruling is an unambiguous yes. They can transform the school for their kids. Even in the toughest communities in America where parents have been ignored and underserved and marginalized in tough situations, they are still capable of organizing and standing up for their kids."
Kristin Kloberdanz is a freelance writer based in the San Francisco Bay area. She has written for Time, the Chicago Tribune and Forbes.com about everything from economic crises and political snafus to best summer beach reads.


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Crafted using the label's signature intrecciato technique, Bottega Veneta's black leather shoulder bag will make an timeless addition to your carryall collection. Large enough to store important documents and an iPad, it's the perfect everyday piece.
Black intrecciato leather (Lamb)Top handleBraided trimInternal zip-fastening pocketLined in taupe suedeZip fastening along topComes with dust bag
Product code: 333476 - Need help? Contact us


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Eddie Levert Gives Lorraine A Big Birthday Surprise!!
May 15, 2012 12:46 PM
Power Talk with Lorraine Jacques-White Read More
Today on Powertalk with Lorraine Jacques White, R&B legend Eddie Levert one third of the famous group The O'Jays, stopped by to talk about his new album entitled I Still Got It and debuted a single.
Take a listen.
Eddie Levert #1:
You can purchase Eddie Levert's new album I Still Got It at all major record retailers and online via iTunes.


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|Electronic Design and Manufacturing Services - MAZeT GmbH 2 years ago
|by mazetgmbhadmin
As soon as people join and begin creating and sharing content, you'll begin seeing activity here. Create something now to get started!
Unfortunately this place is not monitored, discussions are therefore disabled.
To claim this space, simply ask in Find a Partner.


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About This Site
This website is sponsored by The Toronto Community Health Profiles Partnership to make detailed, area-level health data available to everyone. Our goal is to support action to reduce health inequities in Toronto. For more information see About Us.
What's New
• Emergency Department visits 2013, Neighbourhood data
• Ontario Dissemination Areas (DA) Conversion File, 2011
• 2011 Census-based population denominators data
• See new LHIN-level data and maps
• Adult Health and Disease 2012, data and maps
• Sexual Health 2012 data and maps
• Socio-demographic, Language (Census) 2011 data
• Link to Toronto Demographics 2011 and Seniors Strategy
• Hospital Admissions 2012 data and maps
• Diabetes Atlas for the Region of Peel, 2013
• Urban HEART @Toronto executive summary and data
• Top 1% & 5% High Cost Health Care Users - maps
• Mothers and Babies 2011, data
• 2011 Census demographic and living arrangement
data for download; socio-demographic maps
• Combine Toronto Neighbourhoods to generate data
for Custom Geographies
• Download Data tables in EXCEL or PDF format
Check our Archived Data page to find older data
and reports (up to 2006)
Coming Soon
• Updates to Emergency Department Care visits and
Hospital Admissions data (more indicators coming)
Sign up for New Content alerts here.
What Information Can You Find Here?
Find health information about your community by clicking on the Data, Maps and Charts tab above OR search Health Profiles by topic and area using the Search Data by Topic tab.
We provide health and health-related indicators in three basic forms:
[Click on an image below to enlarge]
Health Profiles: Community-level health indicators - the Health Profiles provide detailed statistics about people living in communities and how these communities compare with the City of Toronto overall. These data are available in table format.
Health Data Maps: Toronto or Ontario-wide health indicators - maps give an overview of how the health of different communities within Toronto or Ontario compare with each other.
Equity Analyses: Graphs are used to show how peoples' health may differ depending on their income or immigration status. These analyses focus on people living in communities and not the communities themselves.
Ontario Marginalization Index: The Ontario Marginalization Index
(ON-Marg) can be used to understand inequalities in health and other social problems related to health among either population groups or geographic areas.
(ON-Marg) can be used to understand inequalities in health and other social problems related to health among either population groups or geographic areas.
Toronto Walkability Index: The final composite index composed of four variables: population density, residential dwelling density, availability of retail destinations, and street connectivity, within a 10 minute walk.
Urban HEART @Toronto: Urban HEART @Toronto is a tool that helps us measure how well Toronto`s 140 neighbourhoods are doing across a variety of policy domains including economic opportunities, social and human development, civic engagement, physical environment and infrastructure, and population health.
Please see About the Data section for information about definitions, data quality and limitations, and selection and preparation of variables.
Please read the following terms and conditions of use carefully before
using the data: Terms Of Use.


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Play our fun game and find out if the one you like likes you back. Confide in us if you think you'd hit it off by clicking: Yes, No, or Maybe. We'll anonymously find out and let you know if the feeling is mutual. You have nothing to lose!
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You both said YES! The feeling is mutual. Now the rest is up to you! Say Hi and get the conversation started.
Well lets see... I love sports. I am a very big sports addict, more specifically NY Sports. I am very close with my family and friends. I am also very very outgoing (ill do karaoke sober haha) I love all kinds of music especially country music and alternative.
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The Color Code icon tells you that this member has taken the FREE Color Code Personality Test and wants to share his/her results with you. You can read all about their Color Code profile on the new Color Code tab.
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Sometimes it is difficult to choose from the four options given, but there is usually one that fits better than the rest, or at least one that you could see yourself as more so than the others. If you're still unsure, try asking someone who knows you well, such as a parent or sibling. They can give clarity on areas of your personality that you may not notice.


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Please view below to read and download reports, guides and articles from the Environmental Justice Climate Change Initiative, our member organizations and our allies. If you are having trouble viewing our interactive library you can visit www.issuu.com/theejcc to search our growing database.
Climate of Change: African-Americans Global Warming and Just Climate Policy Full Report
EJCC Resource Library


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- Your Path:
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- Purple Birthday Candy Buffet
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Delight in our candy-colored confections, all coordinated to match your party theme! Whether you like amethyst or violet, lavender or lilac, we've got purple treats that are oh-so-sweet. As the official color of royalty, purple is perfect for those who want their celebration to rule! From lavender Sixlets to purple Whirly Pops, there's a flavor for every sweet tooth. Read More
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|Women's Soccer » Schedule » Roster » News » Coaches » 2015 Statistics » 2015 Quick Facts » Honors » Archives
Middle Tennessee (1-1-0)
Lipscomb (1-2-1)
8/29/2014 | Nashville, Tenn. | Attendance: 184
Thursday, August 28, 2014
NASHVILLE, Tenn. – The Lipscomb women's soccer team will exchange kicks with Middle Tennessee Friday night as the Lady Bisons host the Blue Raiders at the Lipscomb Soccer Complex.
The Purple and Gold aim to capture a victory after bringing home a 0-0 draw after two overtimes against Memphis Tuesday night.
"We're looking forward to building on what we did against Memphis," said head coach Kevin O'Brien. "I thought it was an incredible display of collective defending for our group. Now we have to develop a little bit more dynamic attacking play.
"We need more creativity. We need a little bit better understanding of how to combine off each other. We'll work on that this week and hopefully put it into place on Friday night."
The Blue Raiders are one game into the season before they make the trip to the "Music City." The team clashed with Belmont Sunday where they lost to the Bruins 1-0 in overtime.
The teams finished the 2013 season with similar results. Lipscomb enjoyed a program best 6-8-5 overall record while Middle Tennessee concluded the year with an overall record of 6-8-4.
"In the end, the one that takes advantage of their chances wins the game," O'Brien said. "For me we have to keep the players focused and concentrated. It's going to take a lot of work from the players.
"They've got a great team. We're just going to go out and give it our all."
In its last six stints against Middle Tennessee, Lipscomb has not defeated the Blue Raiders. Last year, the matchup between the two teams ultimately ended in a 0-0 draw in double overtime.
"I feel like we have a lot of strength on our squad," O'Brien said. "I believe in the players. They've been growing together as a team.
"We hope to break that whammy and get the first victory against MTSU. I think we're capable of it. It just comes down to taking our opportunities when we get them."
The match is scheduled to begin Friday at 7 p.m. The Lady Bisons are back on the road Monday at Austin Peay in Clarksville, Tennessee.
Women's Soccer Archives
2014-15 Women's Soccer


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John Hardin students and fans filled Bulldog Stadium on a freezing Friday night to cheer on the Bulldogs as they played Christian County in the Class 5-A state semifinal. Heavy jackets and blankets were a neccisity as the temperatures dropped below 30-degrees with a slight breeze. As the Dawgs fell behind, the mood of the crowd turned blue also and not from just the weather.
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Required Courses:
AA 120 Introduction to Africana Studies and the Black Experience
AA 400 Seminar and the Practicum in Africana Studies
Africana Studies Electives:
Africana studies courses are classified by thematic tracks including 1) Cultural Production and Expression 2) Social and Structural Analysis and 3) Historical Investigation. Students choose 3 courses (or 9 hours) to include at least one (1) course from two (2) of the tracks. One elective course (3 hrs) must have an AA designation.
Theme/Track 1: Cultural Production and Expression
AA 301 African Americans in Film
EN 334 African American Literature. Prerequisite: EN101
MU 128 History of Rock-n-Roll
MU 200 History and Appreciation of Jazz
Theme/Track 2: Social and Structural Analyses
AA 201: Peoples and Cultures of Africa
SO 301 Contemporary Social Problems Prerequisite: SO100 or PY100
SO 302 Race and Ethnicity
Theme/Track 3: Historical Investigation
AA 301 Africans and the Making of the Atlantic World
HI 220 African American History
HI 221 African History
Total Credit Hours: 15
Students must earn a 2.0 or better in all courses counting toward the minor in Africana Studies.
Students may minor in Africana Studies in conjunction with any major course of study, and courses taken toward the minor may also count toward Core Requirements. A minimum of 9 hours must be completed at Wesley College, and at least 6 credits must be at or above the 300-level. Special Topics courses may count as electives in the tracks with the approval of the Africana Studies Advisor.


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The news from Delaware is that, for the first time ever the Judicial Nominating Commission recommended to Governor Jack Martell an all-female short list. Unless the governor takes the big step of rejecting all three of the candidates put forward as qualified, the Chancery Court will add a woman to the bench.According to Delaware Online, the candidates are Abigail M. LeGrow, Elena C. Norman, and Tamika Montgomery-Reeves.
I wish all the candidates well, but I'm pulling for Tamika. She's smart, funny, and she's a Georgia Law alum. Tamika is coming to Athens to teach a short course in Advanced Corporations next week, along with her colleague and distinguished former Chancellor Bill Chandler. But even though I do have a Dawg in this fight, more generally I'm pleased that we'll likely see a woman on the Chancery Court again. 21 years is a long time.
Hat tip: Jerrod Lukacs
I just posted a new paper on SSRN entitled "The Modern Business Judgment Rule." It's short, so it won't take long to read, especially if you skip the footnotes. My goal is to describe this complex doctrine in simple terms, but the paper is packed with insights that were new to me, even though I have been teaching and writing about this subject for 20 years. Here is the abstract:
For over 150 years, the business judgment rule performed a relatively straightforward task in the corporate governance system of the United States, namely, protecting corporate directors from liability for honest mistakes. Under the traditional version of the business judgment rule, when the board of directors is careful, loyal, and acting in good faith, courts refuse to second-guess the merits of the board's decisions, even if the corporation or its shareholders are harmed by those decisions.
While modern courts continue to insulate directors from liability for honest mistakes according to this traditional formula, in the 1980s Delaware courts began assigning the business judgment rule a more expansive role. The modern business judgment rule is applied not only in cases without procedural infirmities, but in cases where procedural infirmities at the board level have been mitigated by a special committee, stockholder approval, or partial substantive review by the court. In these new contexts, a court must satisfy itself that a board decision is worthy of respect, not because the decision was substantively correct, but because the effect of the procedural infirmities was sufficiently muted. After the court reaches that point, the business judgment rule "attaches" to protect the substantive merits of the decision from (further) review.
The modern business judgment rule is not a one-size-fits-all doctrine, but rather a movable boundary, marking the shifting line between judicial scrutiny and judicial deference. In describing the transformation of the business judgment rule, this chapter focuses on Delaware judicial opinions, with special attention to cases involving mergers and acquisitions, where the most important changes in the business judgment rule have been forged. The scripting of the business judgment rule's new role by the Delaware courts is a work in progress, and the current law is inconsistent and confusing. Nevertheless, I trace the development of the modern business judgment rule and attempt to rationalize that development around the simple idea that the rule guides courts through the review of director conduct and marks the point at which judicial evaluation of a decision ends.
I hope you find this paper worthwhile. Comments and insights are most welcome.
Permalink | Corporate Governance| Corporate Law| Delaware| Fiduciary Law | Comments (0) | Bookmark
5 days ago the WSJ published an opinion piece on Delaware's fee shifting bylaws. I read it with interest, thinking "Maybe I should blog about that." Life intervened. In the meantime, my friend Steve Bainbridge posted not one, but two blogposts--footnoted, no less--on the topic.
I feel dispiritingly inadequate. But I also feel hearteningly efficient: Steve's made my work easier by first describing the fee-shifting bylaw on the merits (first post), and then applying an interest group analysis (second post)
You should read both Steve's posts, but what grabs me is the interest-group question. Steve takes as his starting point Larry Ribstein's riff on Macey & Miller's article, which is a candidate for the single law review article that most changed my view of corporate law. Usually at the end of my Corporations class's discussion of the duty of good faith, I say something like, "Yes, it's fuzzy. Maybe it's supposed to be..." Cue M&M:
Delaware could stimulate litigation by supplying legal rules that are unclear in application. The bar therefore has some interest in reducing the clarity of Delaware law to enhance the amount of litigation. But the bar risks killing the proverbial goose that laid the golden egg because it is primarily the certainty and stability of Delaware law that creates the opportunities for profits in the first place. The bar as a whole does not have an interest in making the law so unclear that corporations begin to move elsewhere in large numbers. The bar should instead favor an equilibrium point of uncertainty at which the marginal increase in bar revenues from litigation fees equals the marginal loss in revenues due to reduced incentives to incorporate in Delaware.
By this point in the semester I've waxed rhapsodic to my class about Delaware law. So I feel some guilt at disillusioning them by suggesting that the indeterminacy that so bedevils them and their outlining efforts may be by design. I can't help it, though. It's too much fun.
I digress. Steve's second post first asserts that:
Both sides of the litigation bar thus have a strong interest in banning fee shifting bylaws. Such bylaws would raise plaintiff costs, deterring lawsuits, reducing fees for all litigators.
To which I say, "Amen, brother." But then Steven suggests that
All corporate lawyers—litigators and transactional—have a strong incentive to oppose fee shifting bylaws. Hence, it was no surprise that the Delaware legislature—dominated in this area by the Delaware bar—leaped to ban such bylaws. The business groups that favor fee shifting bylaws were able to delay that action. But the final decision remains pending.
But that's not quite true, right? Certainly litigators want litigation. But deal lawyers don't want it--at least, not this particular kind of litigation. Indeterminacy over doctrinal areas like good faith is good for transactional types as well as litigators, because it gives them more nuances and risks to have to explain at length to boards as they advise on various types of action. The type of fee-shifting bylaw we're discussing, in contrast, is bad for deal lawyers--at least, if you think, as Steve does, that
There is a serious litigation crisis in American corporate law. As Lisa Rickard recently noted, "where shareholder litigation is reaching epidemic levels. Nowhere is this truer than in mergers and acquisitions. According to research conducted by the U.S. Chamber Institute for Legal Reform, lawsuits were filed in more than 90% of all corporate mergers and acquisitions valued at $100 million since 2010." There simply is no possibility that fraud or breaches of fiduciary duty are present in 90% of M&A deals. Instead, we are faced with a world in which runaway frivolous litigation is having a major deleterious effect on U.S. capital markets.[23]
If these suits amount to nothing more than a litigation tax on deals, then they discourage deals. And that's bad for deal lawyers.
Steve's posts left me with 2 questions:
- Small bore: Where are Delaware's transactional lawyers?
- Large bore: Will Delaware really be so short-sighted as to kill its corporate franchise goose?
Permalink | Corporate Governance| Corporate Law| Delaware | Comments (0) | TrackBack (0) | Bookmark
In this post, which follows our earlier discussion of legal strategy, we'll offer examples of companies situated within each of the five pathways. As Robert and I mentioned in our article, most companies follow the compliance pathway. Such companies insource legal compliance through their in-house legal department, or they may choose to partner with an external compliance verification service. A firm such as ISN, for example, has built a business handling compliance issues for corporations and their subcontractors. According to the Society of Compliance and Corporate Ethics, compliance is a thriving industry due to the increased legal penalties and regulations that companies face in today's heightened legal environment.
The avoidance pathway is less frequent, given the high stakes and liability attached to this type of strategy. General Motors may have engaged in avoidance if it misled regulators about its faulty ignition switches. Avoidance issues tend to be costly to deal with, given the loss of trust and enhanced penalties that arise from this behavior.
The more interesting and rare pathways involve prevention, value, and transformation. An interesting and controversial prevention legal strategy involves trademark policing, which, in its most egregious form, devolves into the unethical and legally dubious practice of trademark bullying. For example, Chik-fil-A employs an aggressive strategy that targets large and small companies alike and uses the threat of trademark litigation to prevent anyone from encroaching upon its trademarked brands and brand equity. Setting aside the overreaching and legally dubious aspects of this approach, some companies legitimately use a preventive legal strategy that involves cease and desist letters, litigation, and U.S. Patent and Trademark Office administrative oppositions to protect the value of their brands and advertising. The Chik-fil-A case serves as a useful reminder, however, that aggressive legal strategies may push the boundaries of ethical behavior, sound legal argument, and public opinion.
Two recent examples illustrate how employing a legal strategy in the value pathway can generate positive and tangible financial returns. The first instance involves hedge funds investing in a corporate acquisition target and then filing suit in Delaware to challenge the valuation and seek an appraisal from the court. This legal strategy is referred to as appraisal arbitrage. Many of these cases either settle or result in substantially higher prices for the party seeking the appraisal.
Another value strategy that has been in the headlines recently involves tax inversions. Burger King's recent decision to acquire Canada's Tim Horton's will yield business synergies, but it also exploits a legal maneuver allowed under current tax law permitting a company acquiring a foreign entity to reincorporate in the foreign jurisdiction. By reincorporating in Canada, Burger King will effectively lower its tax rate from 35% to 15%.
The last and rarest of legal strategies is transformation. This occurs when the top executives in a corporation integrate law as a core aspect of the firm's business model to achieve sustainable competitive advantage. Few companies are able to achieve this strategic pathway, and it's certainly not for everyone. One company that notoriously used law to achieve abnormally large market share and margins in the ticket processing industry was Ticketmaster. The ticket service provider used venue ticket licensing contracts that included several key provisions such as long term renewable exclusivity terms (up to 5 years), and more infamously, fee sharing provisions. Ticketmaster's business model was, essentially, to take the bad rap for charging exorbitant convenience fees and sharing those fees with the venue, thus contractually locking them into a highly profitable and exclusive business system. It didn't hurt that Ticketmaster's pioneering CEO Fred Rosen was a Wall Street attorney turned impresario.
Another company that is showing signs of attempting to pursue a transformative legal strategy is Tesla Motors. Tesla's recent announcement to offer open licensing terms for its battery and charging station patents illustrates a pioneering mentality that seeks to build a business ecosystem with other auto manufacturers. By doing so, Tesla has made a major legal bet that giving up patent exclusivity rights in the short term will yield long-term competitive advantage by helping to diffuse electric battery and recharging technology. The other legal strategy Tesla has pursued relates to its pioneering distribution model of direct sales to the consumer, bypassing the traditional dealership model established for conventional automobiles. To achieve this direct-to-customer model, Tesla has engaged state regulators to achieve exemptions from state dealership franchise laws. Tesla is clearly strategizing and innovating along many fronts that involve business, technology and law. It remains to be seen, however, whether these legal strategies will offer Tesla a long-term sustainable competitive advantage.
In our next and last post, we'll discuss our experience teaching the five pathways of legal strategy to business students and how it has been a valuable resource in the classroom.
Permalink | Business Ethics| Business Organizations| Contracts| Corporate Governance| Corporate Law| Delaware| Entrepreneurs| Fiduciary Law| Finance| Innovation| Intellectual Property| M&A| Management | TrackBack (0) | Bookmark
Two recent developments in the law and practice of business include: (1) the advent of benefit corporations (and kindred organizational forms) and (2) the application of crowdfunding practices to capital-raising for start-ups. My thesis here is that these two innovations will become disruptive legal technologies. In other words, benefit corporations and capital crowdfunding will change the landscape of business organization substantially.
A disruptive technology is one that changes the foundational context of business. Think of the internet and the rise of Amazon, Google, etc. Or consider the invention of laptops and the rise of Microsoft and the fall of the old IBM. Automobiles displace horses, and telephones make the telegraph obsolete. The Harvard economist Joseph Schumpeter coined a phrase for the phenomenon: "creative destruction."
Technologies can be further divided into two types: physical technologies (e.g., new scientific inventions or mechanical innovations) and social technologies (such as law and accounting). See Business Persons, p. 1 (citing Richard R. Nelson, Technology, Institutions, and Economic Growth (2005), pp. 153–65, 195–209). The legal innovations of benefit corporations and capital crowdfunding count as major changes in social technologies. (Perhaps the biggest legal technological invention remains the corporation itself.)
1. Benefit corporations began as a nonprofit idea, hatched in my hometown of Philadelphia (actually Berwyn, Pennsylvania, but I'll claim it as close enough). A nonprofit organization called B Lab began to offer an independent brand to business firms (somewhat confusingly not limited to corporations) that agree to adopt a "social purpose" as well as the usual self-seeking goal of profit-making. In addition, a "Certified B Corporation" must meet a transparency requirement of regular reporting on its "social" as well as financial progress. Other similar efforts include the advent of "low-profit" limited liability companies or L3Cs, which attempt to combine nonprofit/social and profit objectives. In my theory of business, I label these kind of firms "hybrid social enterprises." Business Persons, pp. 206-15.
A significant change occurred in the last few years with the passage of legislation that gave teeth to the benefit corporation idea. Previously, the nonprofit label for a B Corp required a firm to declare adherence to a corporate constituency statute or to adopt a similar constituency by-law or other governing provision which signaled that a firm's sense of its business objective extended beyond shareholders or other equity-owners alone. (One of my first academic articles addressed the topic at an earlier stage. See "Beyond Shareholders: Interpreting Corporate Constituency Statutes." I also gave a recent video interview on the topic here.) Beginning in 2010, a number of U.S. states passed formal statutes authorizing benefit corporations. One recent count finds that twenty-seven states have now passed similar statutes. California has allowed for an option of all corporations to "opt in" to a "flexible purpose corporation" statute which combines features of benefit corporations and constituency statutes. Most notably, Delaware – the center of gravity of U.S. incorporations – adopted a benefit corporation statute in the summer of 2013. According to Alicia Plerhoples, fifty-five corporations opted in to the Delaware benefit corporation form within six months. Better known companies that have chosen to operate as benefit corporations include Method Products in Delaware and Patagonia in California.
2. Crowdfunding firms. Crowdfunding along the lines of Kickstarter and Indiegogo campaigns for the creation of new products have become commonplace. And the amounts of capital raised have sometimes been eye-popping. An article in Forbes relates the recent case of a robotics company raising $1.4 million in three weeks for a new project. Nonprofit funding for the microfinance of small business ventures in developing countries seems also to be successful. Kiva is probably the best known example. (Disclosure: my family has been an investor in various Kiva projects, and I've been surprised and encouraged by the fact that no loans have so far defaulted!)
However, a truly disruptive change in the capital funding of enterprises – perhaps including hybrid social enterprises – may be signaled by the Jumpstart Our Business Start-ups (JOBS) Act passed in 2012. Although it is limited at the moment in terms of the range of investors that may be tapped for crowdfunding (including a $1 million capital limit and sophisticated/wealthy investors requirement), a successful initial run may result in amendments that may begin to change the face of capital fundraising for firms. Judging from some recent books at least, crowdfunding for new ventures seems to have arrived. See Kevin Lawton and Dan Marom's The Crowdfunding Revolution (2012) and Gary Spirer's Crowdfunding: The Next Big Thing (2013).
What if easier capital crowdfunding combined with benefit corporation structures? Is it possible to imagine the construction of new securities markets that would raise capital for benefit corporations -- outside of traditional Wall Street markets where the norm of "shareholder value maximization" rules? There are some reasons for doubt: securities regulations change slowly (with the financial status quo more than willing to lobby against disruptive changes) and hopes for "do-good" business models may run into trouble if consumer markets don't support them strongly. But it's at least possible to imagine a different world of business emerging with the energy and commitment of a generation of entrepreneurs who might care about more in their lives than making themselves rich. Benefit corporations fueled by capital crowdfunding might lead a revolution: or, less provocatively, may at least challenge traditional business models that for too long have assumed a narrow economic model of profit-maximizing self-interest. James Surowiecki, in his recent column in The New Yorker, captures a more modest possibility: "The rise of B corps is a reminder that the idea that corporations should be only lean, mean, profit-maximizing machines isn't dictated by the inherent nature of capitalism, let alone by human nature. As individuals, we try to make our work not just profitable but also meaningful. It may be time for more companies to do the same."
So a combination of hybrid social enterprises and capital crowdfunding doesn't need to displace all of the traditional modes of doing business to change the world. If a significant number of entrepreneurs, employees, investors, and customers lock-in to these new social technologies, then they will indeed become "disruptive."
Permalink | Business Ethics| Business Organizations| Corporate Governance| Corporate Law| Delaware| Economics| Employees| Entrepreneurs| Entrepreneurship| Environment| Fiduciary Law| Finance| Financial Institutions| Investing| JOBS Act| Legal Theory| Organizational Theory| Securities| Social Entrepreneurship| Social Responsibility| Technology| Venture Capital | Comments (0) | TrackBack (0) | Bookmark
Jack Jacobs is on the way out, and Governor Markell has nominated another Skadden attorney, Karen Valihura, to fill the vacancy on the Delaware Supreme Court. This follows the elevation of Leo Strine to the position of Chief Justice (joining Carolyn Berger, another Skadden alum) and the installment of Andy Bouchard as Chancellor. Nice run for Skadden Wilmington. Congrats, Karen!
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Problems with the sale of the Canadian ambulance service have led to one of the strongest sanctions of an investment bank, let alone a board, that this outside observer can remember coming from a Delaware court. But for real insight, let's outsource to Steven Davidoff and Matt Levine:
Here's Levine:
in Rural Metro, RBC [the bank] seems to have had all the conflicts with none of the benefits. Rural Metro was thinking about selling itself at around the same time that a larger competitor, Emergency Medical Services Corporation, was also up for sale. RBC was not involved in the EMS deal, but hoped that it could get an assignment financing the EMS acquisition. According to the opinion, RBC concocted a plan: "if Rural engaged in a sale process led by RBC, then RBC could use its position as sell-side advisor to secure buy-side roles with the private equity firms bidding for EMS." The quid pro quo would be, you hire us to finance your EMS bid, and we will give you the inside track on the Rural Metro sale.
[T]his deal reads to me less like a story of the financing deal overwhelming the M&A advice, and more like a story of how investment banking is a sales business. From this opinion, you get the sense that RBC's efforts to drum up business, whether financing or advisory, were persistent and intense and occupied most of the attention of RBC's most senior bankers. Meanwhile, its actual execution efforts were sort of halfhearted and not all that well thought out.....
And here's Davidoff:
To find the investment bank liable, however, the judge also had to find misdeeds committed by the Rural/Metro board. Vice Chancellor Laster held that the Rural/Metro Board had breached its fiduciary duties because Mr. Shackelton and RBC effectively put the company up for sale without full board authorization and that the board had failed to properly supervise RBC. He also concluded that the Rural Metro board did not have an "adequate understanding of the alternatives available to Rural" and that its decision to accept the Warburg offer was not reasonable because of a lack of sufficient information.
The judge has yet to calculate damages, but they could be as much as $250 million, despite the fact that RBC was never retained to do the financing and earned only its $5 million fee.
Instead, perhaps we should rethink how companies are sold and who is held liable when things go wrong. The Rural/Metro case shows how skewed the incentives can be, and how the checks and balances can too easily go wrong. Next time, there may not be a bank that can be put on the hook so easily. In other words, the directors may once again get away with wrongdoing, and shareholders will be left with nothing.
Permalink | Business Organizations| Corporate Governance| Corporate Law| Delaware | Comments (0) | TrackBack (0) | Bookmark
The Chancery Daily flagged a pending case in the Delaware Court of Chancery, NAMA Holdings, LLC v. Related WMC, LLC, et al., involving a claim for "tortious interference with the implied covenant of good faith and fair dealing." A Westlaw search reveals that this is not an entirely novel claim. The earliest instance of such a claim appears to be Haynal v. Target Stores, 1996 WL 806706 (S.D.Cal.,1996), and the federal court drop-kicked the claim: "Plaintiff's attempt to convert a contract action into a tort action is not supported by law." Two other courts note the claim, but neither addresses its merits. No law review articles discuss the claim, and even Google shows no results ... well, until this post gets included in the search results.
Of course, lots of cases involve claims of "tortious interference with contract" and "breach of the implied covenant of good faith and fair dealing." The arguments against recognizing tortious interference with contract would seem to apply to a claim of "tortious interference with the implied covenant of good faith and fair dealing," but if you are willing to recognize the one, is there a reason not to recognize the other?
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Kyle Compton is amazing. He produces an entertaining and useful email service called "Chancery Daily," which was first recommended to me by a member of the Delaware judiciary. The purpose of the service is to summarize proceedings pending in the Delaware Court of Chancery. The writing is insightful and accessible and sometimes even funny. I read every issue.
You can subscribe here. For members of the judiciary -- including court staff and law clerks, in Delaware and elsewhere -- and academic subscribers, the service is free (judicial subscribers should register using a government email address, and professors and current law students should register using a law school email address).
Highly recommended.
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Leo Strine. Congratulations!
The WSJ: "a widely expected promotion for one of corporate law's biggest personalities." Indeed.
I have mixed feelings about this. I will miss reading Leo's solo opinions as Chancellor -- we can assume some moderation in Leo's opinions as a result of the unanimity norm that prevails on the Supreme Court -- but I assume he will help bring more coherence to corporate law issues in Supreme Court opinions.
So who is the next Chancellor? No inside information here, but it's hard to imagine a better choice than Larry Hamermesh.
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Over the past few weeks, a handful of attorneys and academics have asked me exactly how specific the specific public benefit purpose(s) required by §362(a) of the DGCL for Delaware public benefit corporations ("PBCs") must be. Section 362(a) reads, in pertinent part:
- "In the certificate of incorporation, a public benefit corporation shall. . . Identify within its statement of business or purpose . .1 or more specific public benefits to be promoted by the corporation"
Some of the early Delaware PBCs have used the general public benefit language from the benefit corporation's Model Legislation to describe their specific public benefit purpose(s). (See, e.g., Farmingo, PBC; Ian Martin, PBC; Method Products, PBC; New Leaf Paper, Public Benefit Corporation; and RSF Capital Management, PBC). For those who are unfamiliar, the general public benefit language from the Model Legislation reads:
- "A material positive impact on society and the environment, taken as a whole, assessed against a third-party standard, from the business and operations of a benefit corporation."
At least one early Delaware PBC has added the following to the general public benefit language:
- "specific public benefit . . .may be further specified from time to time in the Bylaws of the Corporation . . . or a resolution or resolutions of the Board of Directors of the Corporation." (Socratic Labs, PBC).
- "for the specific public benefit of furthering universal access to the Internet" (Unifi Communications, PBC)
- "giving people access to, and the benefit of, health knowledge that is as complete and unbiased as possible." (Profile Health Systems, PBC)
In my personal opinion, using only the Model Act's general public benefit purpose as a Delaware PBC's specific public purpose is a bit risky and possibly conflicts with the drafters' intent. To be clear, I have not yet spoken with the drafters on this issue, and will update this post if I do. However, if the drafters had intended to allow the general public benefit language to suffice, then I think they would have simply followed the lead of the Model Legislation and would have defined and used the term "general public benefit".
Further, the FAQ about Public Benefit Corporations circulated by the drafters contained the following question and answer.
- Q: "Why does the statute require both the identification of a specific benefit or benefits and that the corporation be managed for the best interests of all those materially affected by the corporations conduct?" (emphasis in original)
- A: "….The requirement of a specific public
benefit is intended to provide focus to the directors in managing toward
responsibility and sustainability, and giving investors notice of, and some
control over, specific public purposes the corporation serves."
That said, the Model Legislation's general public benefit language
is more specific than "any lawful purpose" and Section 362(a) has no limit
on the number of specific purposes that can be listed, so a Delaware PBC could
conceivably list all of the specific interests the Model Legislation requires
directors to consider and achieve the same lack of focus as listing the Model Legislation's
general public benefit language.
I have spoken to a few people in the Delaware Secretary of State's office in an attempt to understand their stance on the specific public benefit issue. The main take-aways from those conversations were:
- they are aware of the controversy surrounding whether the Model Legislation's general public benefit purpose suffices as a specific public benefit under the statute;
- they are currently accepting the Model Legislation's general public benefit language as a valid specific public benefit, until it is formally challenged or they are told to do otherwise;
- they will not accept "any lawful purpose" language as a specific public benefit.
Also, for those who are interested, there were 49 public benefit corporations formed in Delaware between the August 1, 2013 effective date and October 16, 2013.
Thanks to Boston attorney Bruce Landay for excellent, in-depth conversation on this topic and for some of the certificates of incorporation cited in this post. As an academic, it is always nice to connect with attorneys who practice in my areas of interest. Thanks to Alicia Plerhoples at Georgetown Law who also provided some of the certificates of incorporation cited in this post.
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It's effective August 1. Cass Brewer of SocEntlaw has some excellent thoughts, including this conclusion:
Perhaps the ultimate lesson here is that absent a much more uniform and rigorous qualification and enforcement regime under prevailing law—like the regime that exists for tax-exempt entities—only a few, overly diligent individuals will know whether and which companies genuinely care about stakeholders as opposed to shareholders. If this is indeed the case, then maybe all that is really needed and in fact effective to instill public trust in socially beneficial businesses is a commonly-accepted rating system, not a change in corporate law. B Lab and other such rating agencies already understand and are responding to this reality.
Go read the whole thing.
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So says Friend of Glom Lyman Johnson over at CLS Blue Sky. That's a title that's going to get the attention of some corporate types!
Lyman first objects to Chancellor Leo Strine's recent decision In re MFW S'holders Litig. to give bjr protection to a controlling shareholder in a self-dealing transaction when there's an independent committee and majority-of-the-minority shareholder approval (for more see here and here), calling this move "incoherent" because shareholders don't exercise business judgment in the way directors do.
But then, he says, let's call the whole thing off:
As just one law professor who has grappled with teaching this material to law students for almost thirty years, I can say that presenting students with a coherent and cogent understanding of fiduciary duties is made more difficult by Delaware's current business judgment rule construct. Students – having studied the concept of legal duty in diverse curricular offerings such as torts, trusts and estates, agency and partnership law, and professional responsibility – understand the importance of legal duties, including the scope of duty and situations of no-duty. The concepts of care and loyalty, in all their manifestations, are relatively easy to grasp, if of somewhat surprising contours.
Analytically and doctrinally, the teaching could stop there – with fiduciary duties and their breach – and students would have a solid and workable understanding. Little but unnecessary complexity in the law and pedagogy is added by then filtering all of the above through the threshold of the business judgment rule construct as a standard of review, particularly with the Cede breach of duty/burden shift feature.
Go read the whole thing.
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Some interesting cases on the duties of independent directors coming out of Delaware...I have yet to read either of them, but there's a holiday weekend coming up, and its sounds like they'll make for some excellent beach reading for the corporate faithful. They are Rich v. Chong, C. A. No. 7616-VCG (Del. Ch., April 25, 2013) and In re Puda Coal Stockholders' Litigation C.A. No. 6476-CS (Del. Ch. Feb. 6, 2013) (bench ruling).
David A. Katz of Wachtell and Laura A. McIntosh connect the cases by posing an intriguing question on the CLS Blue Sky Blog: Can an independent director just resign from the board of a troubled company? Answer: No, you lily-livered slacker. You've got to stay put and make things right. Or, as they put it:
In both of the cases discussed above, the Delaware Chancery Court was critical of the independent directors' decision to resign. Chancellor Strine observed: "[T]here are some circumstances in which running away does not immunize you. It in fact involves breach of duty…. If these directors are going to eventually testify that at the time that they quit they believed that the chief executive officer of the company had stolen the assets out from under the company, and they did not cause the company to … do anything, but they simply quit, I'm not sure that that's a decision that itself is not a breach of fiduciary duty."[22] Similarly, Vice Chancellor Glasscock commented in a footnote in Rich v. Chong, "It may be that some of the former independent directors … attempted to fulfill their duties in good faith…. Nonetheless, even though [two of them] purported to resign in protest against mismanagement, those directors could still conceivably be liable to the stockholders for breach of fiduciary duty…. I do not prejudge the independent directors before evidence has been presented, but neither are those directors automatically exonerated because of their resignations."[23] Both decisions found it "troubling that independent directors would abandon a troubled company to the sole control of those who have harmed the company."[24]
There's more on Rich v. Chong from Francis Pileggi. The oddest thing about the case for me, based on Francis' summary, is that the plaintiffs made a demand on the board. What was that about? You never made a demand on the board, because then you're stuck with near-impossible wrongful refusal standard: you concede the board's independence and capacity to evaluate the demand. The board gets business judgment rule protection, and you lose. Which is why everyone pleads demand futility, to the sorrow and confusion of BA students each year.
But the Rich v. Chong plaintiffs made a demand. Who does that? Next to no one, right? And yet plaintiffs lucked out because the defendants sat on the demand for 2 years. They not only failed to respond, but started an investigation, uncovered evidence of mismanagement, didn't do anything about it, and abandoned the investigation. So plaintiffs survive a motion to dismiss on Caremark claims, which also never happens.
See? Told you it sounded interesting...
Permalink | Business Organizations| Delaware | Comments (0) | TrackBack (0) | Bookmark
Yesterday, attorneys for the shareholders of News Corporation announced an agreement in principle to settle derivative claims filed in various U.S. jurisdictions, including Delaware, against officers and directors of the corporation for $139 million (minus attorney fees, TBD). The payment will be made to the corporation from the various D&O insurance policies. The Memorandum of Understanding is here. The amended complaint is here. The parties agreed to file a stipulation with the Delaware Chancery Court within 14 days for approval. Kevin La Croix's expert commentary on the D & O issues is here.
So, what were the claims? The claims fall roughly into two big groups, both under the Duty of Loyalty: (1) the conflicted $615 million acquisition by News Corp. of an entity owned by (controlling shareholder, CEO and Chair) Rupert Murdoch's daughter; and (2) lack of oversight related to the illegal surveillance scandal involving News Corp.'s 100% owned subsidiary, News of the World. Sprinkled around these claims are accusations of Murdoch using the corporation as a vehicle for supporting his political agenda. The overarching thesis of the complaint is that the board allowed Murdoch to use News Corp. for his own personal purposes: family and political.
Historically, conflict-of-interest claims have teeth; oversight (Caremark) claims do not: waste claims don't even have a mouth. Something here had a lot of teeth given that the parties agreed to go to mediation prior to a ruling on a motion to dismiss and given the $139 million figure. For those of us waiting to see a winning Caremark claim, failure to oversee an ongoing pattern of illegal news-gathering activity that was well-known internally might be it. But, we may never know if the settlement is all about the acquisition or a little bit of both. Perhaps the oral argument for the motion to dismiss last year held some clues that the court thought the oversight claim was not going to be dimissed, at least.
The remedy section of the MOU has not only the monetary award but also positive remedial changes, such as more compliance, a compliance officer, an independent Chairman of the Board, and new definitions of "independent" for board members, etc., that might match up to oversight if the money merely lines up with the acquisition. And, interestingly, a new "Political Activity Policy":
Stay tuned to see if this is a throw-away provision (like most remedial changes in derivative settlements, or something to see.
2. The Company has or will implement a policy requiring annual public disclosure to its shareholders of political conributions made directly by the Company to state or local candidates, political party committees, political committees (e.g., PACs) or other political organizations exempt from federal income taxes under Section 527 of the IRC; payments to any other entity that is earmarked to be used for independent expenditures for a candidate or political party; or to a ballot measure committee. . . .
3. The Company will notify the Board (for its information and not approval) on an annual basis of payments in excess of $25,000 (including special assessments) that are not deductible under Chapter 162(e) of the IRC . . . and are. . .made to any US-based trade association, Section 501(c)(4) organization, or Section 501(c)(3) organization that coordinates directly with the Company in drafting proposed legislation or grassroots lobbying activities. . . .
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After all that's transpired over the last two weeks, I find Australian sites publishing pics of American gun owners (along with snarky commentary) on Christmas somewhat obnoxious:
Please leave us alone. This does not concern you.
After all that's transpired over the last two weeks, I find Australian sites publishing pics of American gun owners (along with snarky commentary) on Christmas somewhat obnoxious:
Please leave us alone. This does not concern you.
Canada also can get snarky about American guns. Most like you guys but there is this same thing as Down Under.
I love Australia, but there are a few snarky things I could say about them too, if only I wasn't a lady!
Rather than poor taste, I call it making a statement, celebrating freedom in the face of oppression. Did you know that in 2010 nearly 400 children 5-9 were killed by cars? Yet people post pics of their cars everyday.
This is our country – if you don't like it, stay home!
I was at a local gun store this Christmas holiday. I was asked by a lady "are those AR-15's?" while pointing at a gun rack with 4 of the weapons racked up. I told her, "yes, they are in the M-4 configuration, but yes." She said, "how much are they?" I answered I was not sure. She bought two of them at 2000$(US) each. She didn't even know what they were. She looked like she would have been more comfortable in a quilting shoppe. I am guessing from eavesdropping that her husband and another were getting an unexpected Christmas gift.
This store had been buying AR-15s for 1.5 years. And decided now was a good time to sell them. My brother had bought one the day before.
Ignore the nasal whining of the 'Aussie' press.
The great majority of city/country dwelling 'Aussies' would stand-fast with your 2nd Amendment that protects the right of the people to keep and bear arms.
Those countries that offer advice in such a way should first look around their own little green houses before they start throwing large stones at others.
'Putin' & Russia in particular should look around their own 'glass-armoury'; they are responsible for the arming of every international terror group with their mass made 'AK' weapon systems.
IMHO. The tragic deaths at Sandy Hook Elementary is being used now as a smoke screen by the Government and its left wing supporters.
The following *link shows how many American citizens die each year through poverty, and sub standard living attributed to a lack of education etc. (
The same applies to the UK & Europe, which is some thing each and every government should hang their heads in shame over).
*If you have the time please view the link, the amount of deaths accrued through such poverty related diseases will certainly open your eyes. (Gun related suicides are approximately 50% of all recorded gun related deaths)!
For the American citizen; keeping & bearing arms is a deterrent against the 'ill disposed' who were created by the 'in house' and previous governments.
Every celebrity who now calls for the abolishment or for tighter gun control should look at their own past and on-going 'habits'; as these anti-social, completely illegal 'habits' are one of the main contributing factors for home break-ins, resulting in unnecessary violence and deaths.
(With out the and end user the dealer goes out of business, without the dealer the supplier goes out of business).
Just my simple comment from across the pond (and by the way; if I was an American I would fight and support 'our' right to my last dying breath).
Yours Aye.
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Home » Secretary of State John Kerry » Former Secretary of State Hillary Rodham Clinton: 2009 to 2013 » Former Secretary Clinton's Remarks » 2012 Secretary Clinton's Remarks » Remarks by Secretary Clinton: December 2012 » Recent Incidents of Violence Against Women in Afghanistan
The United States joins the government of Afghanistan in strongly condemning the murder of Najia Sediqi, who was killed in a drive-by shooting Monday morning. As Acting Director of Provincial Women's Affairs, Najia was one of the many Afghan women who dedicate themselves every single day toward building a brighter future for the people of Afghanistan. The United States will continue to stand side-by-side with women who are carrying on Najia's fight, the Afghan government and all Afghan people to ensure that the hard-won gains made by women in the recent years are protected and advanced. Senseless violence like this will only threaten the potential for peace. Our thoughts are with Najia's family during this difficult time.
The Office of Website Management, Bureau of Public Affairs, manages this site as a portal for information from the U.S. State Department.
External links to other Internet sites should not be construed as an endorsement of the views or privacy policies contained therein.


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Fuel Line Delema
Sometimes I don't take care to notice important things like this one. Ok, I was replacing my fuel lines (the two at the engine) which was going ok until I seperated the old "IN" line from the tube asy, and it was totally rusted to it. So now I have to replace that, that is ok, but when I get home from my Ford dealership and try to install the tube asy they sold me it is way too big. Now when I was at the dealer the parts guy asked me if it was the "IN" line tube asy, I said yes, which it was, but both of my lines the "IN" and the "Return" are the same diamater. Does this sound right? It seems that the tube asy they sold me is for a 3/8 line and not a 5/16. I know some of you are much smarter than I at these things can you give me a hand, better yet I have the Ford part # that they sold me #F7TZ-9S273-HA. The truck is a 96 F-350. I know parts change over the years but I am wondering if some were sold with 3/8 fuel lines and some with 5/16. I do know my truck was built in Canada.
Any help would be awsome.
OK, it has been a couple of days now and no help. I brought the tube asy back to the dealler and told them of my delema. The parts guy let me swap the larger diamater tube asy for the smaller diamater tube asy no questions asked. I got home and tried to install it, now it fits the fuel line that goes to the tank but not the fuel line that goes to the engine. I understand what is going on here but am not sure Ford can help. For some reason my truck came with 5/16" fuel lines from the tank all the way up to the pump. I am not sure why, since every Ford parts guy I talk to says it should be 3/8" for the "IN" line and 5/16" for the "RETURN" line. So now I have a 3/8" line coming from my pump and a 5/16" going to the tank. I know Ford does not supply a tube asy that is 3/8 at one end and 5/16 at the other, so I ask for the publics help one more time. Does anyone know where you can get a custom made fuel hose with 3/8" quick connect on one end and 5/16" quick connect on the other end. I figure I would ask here first, I will ask our shop mechanic tomorrow to see if there is anyone in the New Hampshire area that can make me one. I will get back to you all if something new happens. Till then if anyone has any sugestions I am all ears.
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Daily Archives: January 2, 2013
Mortgage Arrears Continue To Fall
Mortgage arrears have fallen for the second consecutive quarter, a welcome indication that Australia's property market is remaining solid amid global financial turmoil, but there's some even more good news. According to the latest Fitch Ratings Dinkum Index for … Continue reading
Posted in Mortgages, Property Investor, Property Port Douglas, Property Tips, Property Values, Propety Prices, Real Estate Tagged Australia Leave a comment
Homes more affordable now
Housing has become a lot more affordable over the past year, due to a drop in home prices combined with lower home loan rates and higher incomes, according to property analysis provider RP Data. Based on around 285,000 sales over … Continue reading


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Community guides on Palma
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Forget Majorca's package-holiday image - the island's capital, Palma, makes a decidedly chic choice for a short break, with a lovely old town, great bars and restaurants, and even a crowd-free beach... read more »
Most visitors to Majorca's capital, Palma are pleasantly surprised by its cosmopolitan and upmarket feel. With the feel of a sanitised Barcelona, Palma is a easy city to explore and enjoy.... read more »
A vintage train journey across Mallorca's high mountains transports passengers to a more leisurely age. Climb aboard the tiny Vitamin C Express...... read more »
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Postcards (book)
This series: greetings from paradise, is a collection of infrared photographs shot in cemeteries, images that are reminiscent of vintage postcards. The text is taken from missives found on the backs of these cards, as if the dead are communicating with those left behind. Headstones and grave sites, the curious tributes placed upon them, evoke a memory album of a life. I use infrared for the soft surreal quality it gives the image, reflecting the phantasmagorical aspect of the landscape in a cemetery. Infrared rays are the invisible rays of the spectrum, like the souls that inhabit these places that I choose to photograph.


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Sir Thomas Lawrence, Emma, a chalk drawing
England, AD 1791
Portrait of a famous beauty
Thomas Lawrence (1769-1830) was a self-taught child prodigy: he was working as a professional portraitist by the age of ten. He became official artist to the King in 1792 on the death of Sir Joshua Reynolds and in 1820 he was made President of the Royal Academy. He gathered an exceptionally fine collection of Old Master drawings which he offered to the nation in his will for far less than their market value and his offer was foolishly refused, although many later entered The British Museum's collection through other means.
Emma Hart (1765-1815), later Lady Hamilton and the lover of Admiral Nelson, was famous throughout Europe both for her beauty and her 'attitudes', a form of performance art in which she portrayed contrasting emotions through gesture, expression and a variety of props. The signature 'Emma' and the date were written by her when she presented the drawing to a friend, the collector and connoisseur Richard Payne Knight, the year of her marriage to Sir William Hamilton.
Laurence was a
leading figure in the campaign to secure the Elgin Marbles for the
British Museum, although his friend Payne Knight believed them to
be Roman copies from the time of Hadrian. Payne Knight's
own collection was one of the most significant early bequests to
The British Museum. It included a substantial number of prints and
drawings; among others, this portrait,
More information
K. J. Garlick, Sir Thomas Lawrence-1 (Oxford, 1989)
I. Jenkins and K. Sloan, Vases and Volcanoes: Sir Willi (London, The British Museum Press, 1996)
Height: 199.000 mm
Width: 150.000 mm
Height: 199.000 mm
Museum number
PD Oo-5-22
Bequeathed by R. Payne Knight


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