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About us
Atos Denmark (Atos IT Solutions & Services A/S) is a part of Atos SE (Societas Europaea), which is a global leader in digital services with an annual revenue of 12 billion EUR and approximately 100.000 employees in 72 countries.
In Denmark we are around 150 employees located in our office in Taastrup. We focus on digital transformation to help companies and organizations future-proof their business and believe that the road to progress is through uniting people, business and technology.
With the goal of being the preferred digital IT partner in Denmark, we collaborate with customers in the following market sectors: Manufacturing, Retail and Service companies; Public Sector, Healthcare & Transport; Financial services; Telecommunications, Media and Energy.
Big Data and Security
Realize new ways of doing business and turn risk into value
The future belongs to those who harness the opportunities from data. The ability to rapidly collect, integrate, manage and transform data into business insights and outcomes is the key driver of growth and competitiveness. We have the methodology, design labs and an open industrial platform factory to deliver your data strategy.
In today's moving threat landscape, companies need a complete security solution – provided by a supplier with specialized skills, tools and proven success. With a global team of over 4,500 security specialists and a worldwide network of Security Operation Centers, Atos offers end-to-end security partnership. From initial consultancy to implementation and ongoing management, we're with you every step of the way – helping you turn risk into business value.
Read more
Ny Atos direktør vil accelerere den digitale udvikling i industrisektoren
Taastrup, den 1. Juni 2016
Atos, et af verdens førende it-selskaber, får ny direktør. Det bliver 55-årige Peter Michael Poulsen. Han vil især fokusere på udvikling af digitale løsninger målrettet danske produktionsvirksomheder samt den finansielle sektor.
Atos vinder prestigefyldt ordre hos Statens It
Taastrup, den 17 marts 2016
Som et led i en strategisk konkurrenceudsættelse, har Statens It netop udpeget den internationale specialist indenfor it-infrastruktur og – services Atos som leverandør af drift og support af Jobindsats.dk og det statistiske datavarehus.


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words // Brennan Hiro Williams
Livestock presents a closer look at its new Reebok Classic Leather collaboration, releasing tomorrow through the Canadian retailer. Shown here yesterday, the Livestock x Reebok Classic Leather Lux features a black nubuck upper with yellow and teal accents. The collaboration celebrates both the 30th anniversary of the Classic Leather and the 10th anniversary of Livestock.
The Livestock x Reebok Classic Leather drops at Livestock tomorrow, July 27 in store and online.
Take a closer look at the collaboration in the videos below:

subset: commoncrawl


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The Washington Nationals are all in this year -- World Series or bust.
No more promises, no more building for the future as the team begins spring training. This is the season Washington fans have waited for since the team's 2005 arrival. It's payback time for loyalty in a town that often has little.
Fans hung in there during those awful 100-plus loss seasons of 2008 and 2009, when the "Natinals" promised better days after last-place finishes resulted in the ability to draft Stephen Strasburg and Bryce Harper. They survived general manager Jim Bowden's ill-fated tenure to get to the Mike Rizzo's, who brought an overflow of talent.
It was all supposed to get better in a few years, promised president Stan Kasten, who's now running the Los Angeles Dodgers. Practically everyone is gone from the early days, which can be met only with a grand thank goodness.
Finally, finally, finally, the Nats are serious World Series contenders. Oh, they looked the part last season when they won 98 games and the NL East crown. But franchises often require a step before they reach the top. Losing the agonizing deciding game in the NL Division Series last season was it.
Fans are no longer content with winning. They want a title, a season to remember for a generation that waited a generation for the sport's return.
Manager Davey Johnson said he was returning for one more year to win the World Series. That's good enough for me.
This should be another fun season. There will be a new mascot rivalry between Teddy Roosevelt and William Howard Taft, which will make the fourth-inning race entertaining instead of painful when Teddy always lost. Losing Michael Morse's "Take on Me" walk-up song stinks, but something new will replace it. Bryan Harper should use Lady Gaga's "The Edge of Glory."
This could be the year Strasburg and Harper truly blossom. There's no innings limit this time for Strasburg, who may win 20 games and be available for the playoffs after he was shut down late last season to avoid arm troubles. Harper will get his first full season at age 20.
That's not the end of the young talent. Jordan Zimmermann and Ross Detwiler should have better seasons. Reliever Drew Storen, too. And minor league infielder Anthony Rendon finally may be promoted -- past Nats teams already may have done so.
Maybe the key to the year is how the Nats handle being the hunted instead of the feel-good story. The pressure is now on them. Atlanta will win 90-plus games, and Philadelphia could rebound into contention. The NL East is probably a three-team race, and the Nats are every opponent's team to beat.
That's not an easy mental task. Washington fans also boo poor play. The Nats won't find refuge home or away from the pressure.
But it's like Washington Redskins quarterback Robert Griffin III says, "No pressure, no diamonds."
Examiner columnist Rick Snider has covered local sports since 1978. Read more on Twitter @Snide_Remarks or email firstname.lastname@example.com.


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Man, there really looks to be a ton of great stuff there! and was that Christmas head vase really only $28??
January 6, 2014Some Great Finds at Antiques & Uniques in Waukesha, WI – Part 2
By RetroRuth
Well, this is the second part of our tour of Antiques & Uniques in Waukesha, Wisconsin. We visited this shop when we were home spending Christmas with our families, and we saw so many great things I just had to take tons and tons of pictures. If you want to see Part 1, you can check it out here!
Like these awesome dinette chairs, and the wooden table with Formica top. Neat!
Some gorgeous wedding dresses!
Another great table, a fun shadowbox and loads and loads of puzzles.
A cute little kitchen corner.
Tabletop jukeboxes and some fun lamps.
Singing Christmas angels in the original box!
Such a pretty Christmas head vase.
Feather art!
Tom was obsessed with this rack of vintage shirts, but sadly there was nothing in his size. Boo!
Another great table. They were just all over this place!
Pink dishes!
This Winnie the Pooh sampler was SO HARD to leave, but Alex has so much on her walls already.
Pretty blue glasses, which were also hard to leave because they are the color of my kitchen cabinets.
Sooooooo. Yeah. This was pretty much the creepiest little guy. Ever.
I loved that icing set box.
These tiki guys are new, but they were still awesome!
The most gorgeous set of lamps!
This Santa was HUGE!
Pulp fiction, anyone?
Some gorgeous glasses and a fun chip and dip!
So that ends our visit to Antiques & Uniques in Waukesha. It was a blast, and I bought a ton of great cookbooks, many of which were specific to Wisconsin(cheese, anyone?). Have you guys come across anything great lately? Or have you been too busy with Christmas stuff to even THINK about searching for treasures?
12 Responses to Some Great Finds at Antiques & Uniques in Waukesha, WI – Part 2
I love seeing what others can find locally! I love those lamps 🙂 Thanks for sharing
I love those lamps as well. They would transform any room into a mid-century wonderland.
I love that icing box too. I have one cabinet with a clear door that I have some dishes in, and I started thinking that it would be cool to have colorful old food packages in there instead. And then I could move my dishes to a closed cabinet and my real food could go… Oh wait, never mind.
This coming Friday I am going to a shop in our area that looks EXACTLY like the place in Wisconsin, it's uncanny! Just to browse. I like to find perfume bottles, scarves, little things. The shop I'm going to has tray after tray after tray of jewelry – real gems and gold, not costume (which is in a huge case by itself). I guess people sell their jewelry here. I'm looking forward to browsing the costume jewelry case.
oh my gosh, i have been looking for that exact lady head vase! my grandmother saw mine and asked if I ever found another one to please get it for her. Dang, if i was anywhere close I'd be on my way!


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Here you can find all the past webinars hosted and orgaised by APECS Canada.
APECS Canada Online Conference
Guest speaker - Steve Fergurson: Killer whale predation in the Arctic
Nick Pilfold: Polar bear predatory behaviour reveals seascape distribution of ringed seal lairs.
Isabel Barrio: Creating a research network to study herbivory in northern and alpine environments.
Patrick O. Englehardt: A textural and lithological examination of the Camp 26 Medial Moraine Atlin, British Columbia, Canada
Leah Beveridge: The Environmental Risks of Shipping in the Canadian Arctic, the Implications for Northerners, and a Way Forward
Guest speaker - Louis Fortier: Deciphering the ontogenic migrations of the Arctic cod using acoustics over the annual cycle in the Beaufort Sea.
Jesica Goldsmit: Early detection of non-indigenous species in ports of the Canadian Arctic: Establishing a baseline.
Matthew Gilbert: Alternative migratory strategies of Arctic char in a highly variable and changing environment.
Karen Dunmall: Arctic Salmon: Monitoring Change through Local Communities
Louise Chavarie: Fatty acid signatures and stomach contents of four sympatric Lake Trout: assessment of trophic patterns among morphotypes and spatio-temportal variability in Great Bear Lake.
Bridging careers from Science to Policy
Eva Kruemmel and Aynslie Ogden
A focus in the interface of Arctic science & policy
Marc-André Dubois and Bob Van Dijken
Is there a role for Science in Policy?
Diane Freeman and Harry Borlase
Ten Ways to Put an Audience To Sleep and Ten Ways To Get Them Begging for More. The Elusive Art of Communicating Science.
Ed Struzik
A Data Sharing Model from the IASOA Consortium: The Scientist-Centered Approach
Sandy Starkweather
How to present your research at an Artctic conference
Nikolaus Gantner and Eric Loring
Western Arctic Research Webinar
- Gabrielle Gascon:Three-dimensional changes of the stratigraphy of the accumulation area of the Devon Ice Cap, Nunavut, during a period of climate warming.
- Falk Huettmann:Status, overview and strategic conservation management (Marxan) of the three poles: How do we fit in?
- Emily Choy: Identifying the offshore diet of the eastern Beaufort Sea belugas and the energetic effects of climate change.
- Adam Houben: Permafrost thaw slump effects on tundra lake limnology and Hg cycling in a warnming Arctic.
- Louise Chavarie: An exceptional case of Lake Trout polymorphism: the coexistence of multiple shallow-water forms in Great Bear Lake, NT.
- Kristen Peck: Eating off of the same plate: interactions between a small mammal and invertebrate herbivores
Eastern Arctic Research Webinar
- Jean-Sebastien Moore: Describing the dispersal behaviour of Baffin Island anadromous Arctic char using a genetic assignment approach.
- Moritz Schmid: New perspectives in zooplankton sampling: use of in situ optical imaging to profile the vertical distributions of taxa
- Heather Mariash: Implications of a changing Arctic to freshwater ecosystems: adaptions to shorter ice cover.
- Cortney A. Watt: How adaptable are narwhal: a comparison of foraging behaviour among the world's three narwhal populations
- Jennifer Provencher: Pollution and parasites; why they both matter in marine bird conservation.
Working in/with the community and afterwards
- Kiah Hachey (Research Advisor, Dept. of Social & Cultural Development, Nunavut Tunngavik Inc.)
- Sonia Wesche (Assistant professor in the department of geography at the University of Ottawa)
- Deborah Simmons (Adjunct Professor in the department of Native Studies & Natural Resources Institute, University of Manitoba) & Jean Polfus (PhD candidate at the University of Manitoba) & Walter Bayha (member of the Délı̨nę First Nation).


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"It's not that often that assets that are this attractive, this complementary and this scarce come on the market. We think this deal will position us for long-term leadership in television content."
Related quotes
"The thing most people find attractive is truth and honesty. That's what is going to win the hearts of people."
"The anthropologist respects history, but he does not accord it a special value. He conceives it as a study complementary to his own: one of them unfurls the range of human societies in time, the other in space."
"I walk on untrodden ground. There is scarcely any part of my conduct which may not hereafter be drawn into precedent."
"We believe our product offerings are complementary. We have virtually no presence in the lightweight preferred market, so we don't really compete with the postal service there,"
"Derivative instruments were bystanders, ... They may well have intensified the losses in underlying markets, but they were scarcely the major players."


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Family tree▼
Facts and Events
The first European explorers of the southern Appalachian Mountains were Spanish. Hernando de Soto and his troops traversed the region in 1540 and 1541 searching for gold. He was followed by several other Spanish expeditions. The first recorded English explorations of the mountains were those of Abraham Wood, which began around 1650. Later, Wood sent exploring parties into the mountains. The Batts-Fallam expedition reached the New River Valley in 1671. In 1673, Wood sent Gabriel Arthur and James Needham to the Overhill Cherokee of modern Tennessee. The purpose was to try to make direct contact with the Cherokee for trade, so as to bypass the Ocaneechee "middlemen" traders. The expedition did reach the Overhill Cherokee area, but Needham was killed on the return. Gabriel Arthur was almost killed, but was rescued by being adopted by a Cherokee chief. For his own safety, Arthur was then sent with one of the chief's raiding parties. For about a year, he traveled with the Cherokee, throughout the Appalachians. He was probably the first European to visit modern West Virginia and cross the Cumberland Gap.[1] Wikipedia - Wilderness Road
Occhenechees Occhenechees (Akenatzy) were the middle men of the Mountain State regional trade. According to James Mooney of the Bureau of American Ethnology (Washington, D.C. 1894:54), the Occaneechi "tribal totem was a serpent." It is unknown with how many language groups this Eastern Siouan people mingled and traded. After a long visit with the Tomahitans, Gabriell Arthur was returning home and made a short stay at the village of Sarah. This was "w[h]ere ye Occhenechees weare" on May 1674. Abraham Wood writes, "when it grew prity late in ye night ye Occhenee began to worke thire plot and made an alaram by an hubbub crying out the towne was besett with in numarable company of strange Indians this puts the towne people into a sodane fright many being betweene sleepeing and wakeing, away rune ye Tomahittans and leave all behind them, and a mongst ye rest was Gabrills two pieces of gold and chaine in an Indian bagge away slipe Gabriell and ye Spanish Indian boy which he brought with him and hide themselves in ye bushes." This Abraham Wood letter does not identify the 'strange Indians'. Wikipedia Protohistory of West Virginia
Monetons Monetons traded with Tomahitans of Holston River Valley and adjoining lower Blue Ridge Mountains region. Today, there is a growing consensus that Monetons were Eastern Siouan and possibly a westerly branch of Virginia Monacan, also known as Manachee, 1669 (Mooney 1894:28). However, this theory is moderated when looking at the archaeology of Eastern Tennessee of the Yuchi (Cisca) and the late Clover Phase of West Virginia (c. 1550~1650), although the lingua franca or Virginia trade language, Occaneechi, is thought to be their primary language (Rankin 2009, WVAS). Reported by Gabriell Arthur in 1671, this acculturated multi-tribe permitted others to live with them as subordinate Siouan 'Occaneechi' . Abraham Wood in 1674 describes them, "Tomahittans keepe theire haire close cut to ye end an enime may not take an advantage to lay hold of them by it." After the Tomahitans concluded the visit with the Kanawha Valley Monetons, his host agreed to venture their explorer towards the mysterious Ohio River. An unidentified People [Calicua?] on or near the Ohio River took Gabriell Arthur captive. They were reported as traditional enemies to the Tomahitans. 'Gabriell' declared these curious people had no Europe trade metal goods, not knowing the use of guns nor metal knife among them. He gave his metal knife to their chief, telling him how much fur would trade for more items of this nature. In reciprocity as Wood writes, "[and] gave him (Gabriell) Rokahamony for his journey and soe they departed, to be short." Wikipedia Protohistory of West Virginia


text: Here's what I wrote at the I'm a Texan Club blogs about this. (all the links in the original but not in this post). Spread the word. You don't have to write much to him. Just let him know what you think. Hell, I think we should just sic SheTexan on him and call it a day.


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Discussion in 'Odds & Ends' started by LiamBaines, Jun 25, 2010.
I do sometimes, depends if im in the mood, most of the times i don't
What about you?
Force Ten
Red Barchetta
Body Electric
Listen to music while playing tennis.......hmmmmmm..
I do, when I wall practice, but when I play with another player, I find it rude behavior to listen to music while playing tennis.
Bad manners.
I do listen to music sometimes, when i play golf alone, but tennis playing an opponent/hitting partner - no fuc_cking way :evil:
Same, It encourages me to get better at training if I listen to music, But ill Never listen to music whilse playing, it kinda like cheating, basicaly putting them off and it is rude =]
Separate names with a comma.


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NEW YORK (TheStreet) -- Gold gained more than 3% in the first month of 2014 following its worst trading year in three decades, but for anyone trying to determine if this suggests the bear market is over and prices are stabilizing, brokerage firm Marex Spectron offers an answer.
"This, my friends, is the gold market of 2014. Where much is promised and very little is delivered. We are, as I have said we would be time and time again, still rangebound and going nowhere fast," David Govett, head of precious metals at Marex Spectron, wrote Monday in a note to investors. "A great market for day traders and algos and a pretty dreadful market for anyone seeking a trend or a sustained move."
Govett, who writes daily research on the movement in gold prices, is saying that 2014 may see some upside swings, but it could also have trading days that erase those gains. This essentially would leave the long-term investor without much to show for the year.
Govett said triggers for those price swings will be the equity market, emerging markets and changes in the U.S. dollar.
"[B]ut invariably ends up back where it started a day or two later. You may enjoy this sort of market, you may hate this sort of market, but get used to it, because I believe it will be with us for a while to come," Govett wrote.
If you're deciding whether to allocate some of your portfolio into gold, it may be worth considering Govett's take. Additionally, the World Gold Council, in a meeting with reporters Monday morning in New York, said it expects gold to encounter challenges in 2014, but also sees the prices starting to stabilize from its pullback from the September 2011 high.


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The results of a worldwide study into Parkinson's could help revolutionise how the degenerative disease is treated, experts have said.
The major study, part-funded by Parkinson's UK, looked at which variations in genes increase the risk of people developing the incurable brain condition.
Researchers looked at DNA from more than 100,000 people with and without the condition for the study.
Loading article content
They identified a further six sections of DNA to the 22 already known to increase the chance of a person having Parkinson's.
The findings could help scientists to find new pathways involved in brain cell death and lead to new ways to prevent and treat the condition.
Researchers said the new sections of DNA could now be studied to find how they contribute to the development of the Parkinson's.
Claire Bale, research communications manager at Parkinson's UK, which helped to fund the study, said: "We know people develop Parkinson's when nerve cells in their brain die.
"But we still don't have a complete picture of the genetic fingerprints that are putting people at higher risk of developing the condition.
"We're excited to see that this study has unearthed more genetic clues about who is at risk.
"The results could unearth new ways to tackle the condition, so we can stop the death of precious brain cells once and for all."
Last year Scots comedian Billy Connolly revealed he was being treated for early-stage Parkinson's.
He only discovered he had the disease after a chance encounter with an Australian fan who spotted him walking strangely.
The comedian said a Tasmanian doctor diagnosed him on the spot after seeing him walking through a hotel lobby in America.
The man approached Connolly and told him to see his doctor right away as his gait suggested he was showing early signs of the illness.
About 125,000 people in Britain have the disease.
The findings have been published in Nature Genetics.


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Cottage Grove, Oregon, Riding Club's Annual Rodeo Features an "Animal Scramble"
The Humane Society of Cottage Grove has protested.*
You can too!
VIEW THE "Animal Scramble" VIDEOS:
http://www.eugeneweekly.com/blog/cruel-rabbit-roundup and
Voice your concern to the Riding Club's event director"
Snail mail:
Eugene LaRoe, Event Director
Cottage Grove Riding Club
PO Box 485
Cottage Grove, OR 97424
E-mail: http://www.cottagegroveridingclub.com/ContactUs.html
Sign the petition at
The more people from different walks of life we can educate and get involved the more likely is our success. Educate the following:
The city manager: firstname.lastname@example.com
City Council member Victoria Doyle email@example.com
The police Department email@example.com <firstname.lastname@example.com> (emphasis the connection between animal abuse and violence)
Lane County Animal Service Manager Mike Russell email@example.com
Century 21 where tickets were sold to the rodeo:
(541) 942-2121 -625 N 9th St, Cottage Grove, OR. I couldn't find an email address. Probably some in the office is a rodeo fan but maybe not everyone is there is.
Sears where they sold tickets to the rodeo:
118 South Gateway Boulevard, Cottage Grove, OR; direct store tele: 541-942-7377; general tele:
(800) 366-0006. It should be the customer service department where the tickets were sold.
Educators at Lane County Community College (Psychology Department) Ask them to evaluate the effects of such events on the well being of children. Ask them to write the City Manager requesting the end to the event. They might all be out on summer break but it's worth a shot! All we have to do is connect with the right person.
Name: Cynthia Adams
Phone: (541) 463-5366
Email: email@example.com
Name: Melinda Beane
Phone: (541) 463-5432
Email: firstname.lastname@example.com
Name: Barbara DeFilippo
Phone: (541) 463-5438
Email: email@example.com
Name: David Duemler
Phone: (541) 484-0621
Email: firstname.lastname@example.com
Name: Kendra Gilds
Phone: (541) 463-5854
Email: firstname.lastname@example.com
Name: Eric Kim
Phone: (541) 463-5432
Email: email@example.com
Name: Lisa Kolbuss
Phone: (541) 463-5491
Email: email@example.com
Name: David Leung
Phone: (541) 463-5836
Email: firstname.lastname@example.com
Cottage Grove Area Chamber of Commerce
700 E. Gibbs, Suite C
Cottage Grove, OR 97424
*Note from the Humane Society of Cottage Grove:
"The Humane Society of Cottage Grove has concerns regarding the Cottage Grove Riding Club Rodeo's 'Animal Scramble', which involves children ages 4-12, chasing rabbits to capture and keep as pets. The club promotes this as a "fun" event; we consider it a promotion of animal cruelty. We, along with Red Barn Rabbit Rescue, contacted the Riding Club in writing to express our concerns, but have yet to receive a response.
Is this really "fun" or is it teaching children how to terrorize small animals?"


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Introducing the new
Diamond Head Series Pedestal™
About Us
Always innovating, AWS Pedestals introduced an adjustable head system in the fall of 2014. The products distributed by Appian Way Sales are used to elevate and support pavers, natural cut stone, ceramic tiles and wood tile systems. AWS Pedestals have been supporting pavers with pedestals since the year 2000. As a paver installation company, Appian Construction began installing sand set pavers and bricks in 1984. Over time the industry demand for products to elevate pavers, inspired Appian Construction to begin on a deck pedestal system of their own. AWS™ was developed by installers for installers. Its new twist-adjust and snap-together shims are efficient, economical, strong, and proven. AWS™ is being widely used throughout the US and Canada by architects, builders, and homeowners. Today, Appian Way Sales Inc. is the developer and manufacturer of all AWS Pedestal products including the adjustable Diamond Head Series, Perimeter Pedestal System and the Joist Plate System. At Appian Way Sales, Inc. Service is the key to our company success. Call the distribution office to discuss your project and get assistance determining your pedestal needs. Expect a prompt return quote including shipping costs to the destination of your choice. AWS Pedestal Systems is here to provide all your service needs.


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Halifax Media drops plans requiring employees to sign a two-year, non-compete agreement
Halifax Media Group, the company which recently bought a chain of newspapers known as the New York Times Regional Media Group, has apparently dropped plans to have those employees sign a non-compete agreement which would have kept staffers from working for any competitor for two years after leaving the company.
Jim Romenesko has a great post on Halifax's decision, apparently pushed by Sarasota Herald Tribune publisher Diane McFarlin. according to his post, new employees would be required to sign the contract.
The agreement would have been in effect even if the employee was fired, and would have kept staffers from seeking employment at any media enterprise in any city where the company does business. So newspapers employees couldn't get work on websites, radio or television outlets in addition to any newspapers. And a nepotism policy would have kept related employees from working in the same department, also won't apply, The Poynter Institute's MediaWire has a great post on the implications of the contract.
News of the agreement was a further blow to staffers at papers previously owned by the New York Times, including the Sarasota Herald Tribune, The Ledger in Lakeland and the Gainesville Sun. When news broke unexpectedly last year that the 16 papers in the Regional Media Group were to be sold, employees waited for weeks with little information -- once the sale was finalized, they were notified by email at the end of December whether they still had jobs in the new company.
Then news of the non-compete contract surfaced, squeezing employees already buffeted by uncertainty over their future. The move seemed a brutal way to push staffers into a restrictive agreement with massive benefits for the company and none for the employee.
Tough as it is to work for a small local newspaper, the non-compete would have made it even tougher, forcing those who left the company to choose between leaving the media industry altogether or moving to a city with no Halifax Media outlet.
Non-compete clauses in contracts have been controversial in the television industry, where they are often used to keep on air talent and prominent executives from immediately bolting to a rival employer once their contract ends. But those non-competes are part of a larger contract providing specific windows of employment to the staffer and limiting circumstances by which they can be fired, giving the employee some benefit for the contract they sign.
Halifax executives have yet to return my phone calls and emails regarding their actions, so its tough to know what their thinking is, or what prompted them to drop the requirement. But this raises serious questions about how Halifax intends to run its media empire, which includes six Florida newspapers.


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Stanford at Boston College2013-08-23T16:00:00-07:00
Watch Info
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Pac-12 Women's Soccer Scores
More: Stanford at Boston College - Women's Soccer
Broncos Beaten
Michelle Xiao's long-range strike in the 75th minute lifted No. 2 Stanford to a 2-1 win over Santa Clara on Sunday night at Stevens Stadium.
Rivalry Renewed
No. 2 Stanford concludes its nonconference schedule this week when it travels to face Santa Clara on Sunday at Stevens Stadium in Santa Clara, California.
Offensive Outburst Continues
No. 2 Stanford continued its record-breaking run of form with a 7-0 win over Yale on Sunday at Laird Q. Cagan Stadium.
Davidson Earns Call-Up
Sophomore Tierna Davidson earned a call up to the United States Women's National Team, as announced Thursday by head coach Jill Ellis.
Two More at Cagan
No. 2 Stanford continues its four-game home stint with matches against San Francisco on Friday and Yale on Sunday at Laird Q. Cagan Stadium.
Stanford's Kyra Carusa on whether she knew her goal was going in: 'Abso-freaking-lutely'
Pac-12 Networks' Troy Clardy and Christopher Sullivan talk with Kyra Carusa after Stanford's 4-0 win over Georgetown on Friday on The Farm. Carusa has now scored in every game this season.


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In beautiful sunshine, festival fever has gripped Bury St Edmunds with crowds enjoying music, film, theatre and street entertainment.
This year's festival kicked off on Friday with music filling the town's venues. And it spilled out on to the streets on Saturday as buskers performed, while Sunday saw street entertainers dazzle with tricks and contortions.
Other activities included a fascinating crime and punishment tour which chronicled nefarious deeds in or connnected to the town.
Festival manager Nick Wells said: "It has been a brilliant first few days of the festival with some extraordinary performances, plenty of fun and some great audiences – I'm looking forward to more of the same!"
There was unexpected drama on Saturday when Leslie Olive, conductor and founder of Suffolk Philharmonic, took a call from the agent of Ukranian pianist Anna Fedorova saying the musician was too ill to perform in the orchestra's concert at The Apex on Sunday when she was due to be solist for Beethoven's Piano Concerto No. 5 'The Emperor'.
However, fellow Ukranian pianist Dinara Klinton stepped into the breach and played with only 24 hours notice.
Dinara, 24, said: "I've not played it in concert before. I'm playing it in a concert at Milton Keynes on Thursday so when Leslie called and said 'can you save my life' I was able to say yes." (See our review, right)
Tonight, the Aurora Orchestra will play in the Apex, while classical chart-topping harpist Lavinia Meijer will perform in the Athenaeum.
Nick said: "The festival is flying by and even I can't get to see everything on offer, but there's still time to catch one of the high quality events in lovely venues that make Bury the envy of other market towns."
Tomorrow, the Comedy Club 4 Kids will bring laughs without the rude bits to the Apex while comedy cabaret show Varietyville is staged at the Theatre Royal.


text:
It only takes a minute to get started. Fill out our simple sign up form and login to the website.
This step is voluntary but will dramatically boost your chances of getting interest from other over 50s members on the site. Let people know a bit about yourself, your interests and upload a nice photograph of yourself.
Use our website's state-of-the-art search to encounter over 50s members who match your needs. Or just scan through listings and encounter folks that arouse your interest.
Discovered someone who appeals to you? Send a message to them or just a wink and see if they're interested. With a little luck you'll be on your way to a once in a lifetime experience.
It only takes a few minutes


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U.S. Education Department to Probe Program for Black Men on 16 CUNY Campuses
The U.S. Department of Education has opened investigations at 16 campuses of the City University of New York to determine whether a program to improve the enrollment and graduation rates of black men violates federal civil-rights law.
In April 2006, the New York Civil Rights Coalition filed a federal complaint with the Department of Education's Office for Civil Rights about CUNY's proposed "Black Male Initiative," which the civil-rights group charged would offer "remedial and differential treatment" to students based on race and gender. The group argued that such a segregated pedagogy violated Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972.
The Office for Civil Rights received that complaint in May 2006, followed by a second complaint from the same group, in June 2006, charging discrimination in the hiring of staff members for the program.
"In order to investigate the allegation in the most thorough and appropriate manner, OCR determined it would open individual complaints against each of the 16 colleges," said Jim Bradshaw, a Department of Education spokesman.
In 2006 a CUNY spokesman told The Chronicle that the system was not planning any race-exclusive programs, but that it was considering the promotion of gender-focused programs to help black men. The program under attack was part of a four-year master plan called the "Initiative on the Black Male in Education," approved by the CUNY Board of Trustees in 2004.
"We will, of course, continue to fully cooperate with the Office for Civil Rights," Jay Hershenson, a CUNY spokesman, said today. "CUNY is confident that [the program] will be recognized for its great work in fostering access and success to the benefits of education, including to those who are underrepresented in higher education."
According to the civil-rights group, the CUNY institutions that are under investigation are the John Jay College of Criminal Justice, Kingsborough Community College, LaGuardia Community College, Baruch College, Brooklyn College, City College, Lehman College, College of Staten Island, Medgar Evers College, Hostos Community College, Hunter College, Queens College, Queensborough Community College, York College, the CUNY Graduate School and University Center, and the New York City College of Technology. —JJ Hermes


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France's Technip reported Thursday that Technip Angola Engenharia Limitada, a joint venture between the company and Sonangol, was awarded a three year eingeering services contract by Total E&P Angola.
Under the contract, the joint venture will provide services for the existing Girassol, Pazflor, Dalia and CLOV floating production storage and offloading (FPSO) units and associated subsea field development in Block 17, offshore Angola.
Technip Angola Engenharia Limitada will execute the contract, which covers engineering, technical assistance, management, supervision and coordination, as well as procurement-related activities, until the deal expires at the end of 2018.
"We have been entrusted by Total E&P Angola to deliver quality engineering services. It is the result of our sustainable presence in Angola with skilled engineering resources and comprehensive knowledge of our client's technical referential and working methods. This contract reinforces our activity in Africa, an area with good dynamics. It also fits into our strategy to engage with our clients at early stages of their projects and build on long-lasting successful relationships," Hallvard Hasselknippe, president Subsea of Technip, commented in the press release.
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Bozeman Woman Loses 197 Pounds, Tune in for Story
Jaime Kitch's doctor told her she would be in a wheelchair in a year and dead within 5 if she didn't lose weight, NOW. Tune in today to hear her amazing weightloss story, starting at 413 pounds. SIMPLY INCREDIBLE, check you later this afternoon, mO


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Forty names, games, teams and minutiae making news in college football (Riot gear (1) sold separately at Orange Bowl concession stands):
Thug U Is Back, Minus The Titles
Come on back, Butch Davis (2). All the work you did scrubbing clean the image of the University of Miami (3), and now it's been stained by a fresh coat of scum.
It looks like you're the only guy capable of winning with some modicum of class in Coral Gables. You're available and, hey, your old job should be open before too long.
Larry Coker (4) continued your good work. For a while. But it's seemed to get away from Coker the past two seasons, and never more so than in the Saturday night fight at the Orange Bowl with Florida International. It got away so far that Coker should be forcibly unemployed by season's end -- at the latest. And you can take do-nothing athletic director Paul Dee out with him.
The Hurricanes did massive damage to the reputation they had scrupulously rehabbed since the mid-1990s. And FIU, which until Saturday night had no image whatsoever beyond Division I-A pretender, has now earned its own rep: Thugs In Training. The Golden Panthers and their coach, Don Strock (5), deserve every bit as much blame as the Hurricanes -- but they've got a long way to go to match rap sheets with Miami.
The many good guys on the Miami roster and the many good people at the school will protest strenuously that this is not a program with an overabundance of thugs. But you are how you act. And the Hurricanes' actions of late fit that label as snugly as the hand of Anthony Reddick (6) fit around the bars of his face mask, as he swung his helmet like a cudgel at FIU players Saturday night.
Here's your checklist, Hurricanes. If you:
A. Brawl with the opposition in the tunnel coming off the field following a 37-point bowl loss
B. Have players on your team recording a spectacularly profane rap song about group sex
C. Stomp on the midfield logo of another team in what could only be an intentional pregame attempt to antagonize
D. Use your cleats, helmets and fists as weapons in a five-minute brawl with another team -- no matter who started it
Then guess what? You're Thug U. You singularly lack class. And your coach and school administration seem either powerless or uninterested in doing anything to alter that.
According to Miami media reports, Coker's initial response to the mayhem Saturday night was fairly dismissive of the ramifications. Said Coker: "This won't be a big negative on the University of Miami."
Oh, really?
Strock, meanwhile, was promising severe consequences for his Thugs In Training. (FIU followed through by dismissing two players and indefinitely suspending 16 others.)
It's possible Coker couldn't grasp the full scale of the brawl while in the middle of it. But to suggest that it wouldn't hurt his program or the school indicates complete cluelessness or brute denial.
By Sunday, Coker had gotten a grip and at least said the right things. But the initial punishment arrived at by the Miami administration and the Atlantic Coast Conference -- one-game suspensions -- was an absolute joke.
Upon further review, league and school located some spine and at least made Reddick's suspension indefinite. That's at least closer to season-ending, which is what he deserves. It also would be the proper punishment for fellow safety Brandon Meriweather (7), whose classy decision to stomp on the legs and backs of FIU players already under assault has not yet earned him more than one game in the cooler.
The Dash is glad the ACC and Miami rethought the Reddick suspension. The question is why they couldn't get it right the first time, given the video evidence of a young man intent on performing assault and battery. Hello, John Swofford (8)? Are you disciplining or enabling?
When the ACC commish spearheaded the league's expansion movement, he knew he was getting a Miami program with tons of hardware and tons of baggage. The cost-benefit analysis undoubtedly said the Canes were worth the risk. Yet so far they have added only problems to the ACC, not prestige.
Beyond the conference office, you also have to wonder about the Miami leadership. Where is the outrage over this assault upon the school's credibility? Where are the tangible punishments that indicate they really might not tolerate this stuff? How can FIU so obviously take this more seriously than The U?
Not that this is shocking to The Dash. When this Web site brought the above-mentioned rap song to the attention of the school last year, it issued a statement saying, in part, "Any students whose voices can be identified will be subject to appropriate discipline and/or counseling." If the first dollop of discipline was ever doled out -- even just an after-practice wind sprint or two -- it's news to The Dash.
Then the school comes up with blanket one-game suspensions after one of the worst brawls in college football history. That's a fine way to reapply that Thug U label you so detest, Miami. It fits. Wear it until you've rehired Davis for a second cleanup job.
Other Ambassadors Of The Game
The Canes and Golden Panthers did so much to hog the stupidity spotlight last week that they overshadowed some other deserving nominees. Namely Georgia Gov. Sonny Perdue (9) and the Wisconsin band (10).
Perdue, currently running for reelection, launched an October surprise of sorts last week by writing a letter to the editor of the Atlanta Journal-Constitution ripping the headline on previously unbeaten Georgia (11) losing 51-33 to Tennessee.
The headline read: "Dogs put in their place."
Quoth the Guv: "From the front page to the business page and now to the sports page, it is as if the AJC gleefully awaits lousy news about all things Georgia and pounces with their poison pens whenever bad things happen to the good people of our state."
Did The Dash mention that Perdue is up for reelection? Fewer political strategies are safer than knocking the media and sucking up to the most popular sports team in the state.
More amused than chastened, the AJC offered readers the opportunity to write their own headline on Georgia's next game, against Vanderbilt. Then Georgia gagged against the Commodores, opening the floodgates. Longtime AJC college football sage Tony Barnhart (12) told The Dash that within 20 minutes after the game, more than 400 suggested headlines had been sent to the AJC's Web site.
The first one: "Dogs put in their place -- again."
Putting the Badger marching band in its place apparently is significantly more difficult. After years of alleged misconduct, school chancellor John Wiley (13) placed the band on probation after a bus trip to Michigan last month apparently turned into an outbreak of Nerds Gone Wild. The school said band members "routinely engaged in hazing involving alcohol and sexual behavior."
The Dash mingled with some Badger band members once at an NCAA Tournament regional in Syracuse. Just watching them in action for a brief period of time made The Dash's liver hurt -- although nobody appeared to be harmed on their way to cross-eyed drunkenness.
The Dash's solution to all the madness: Let Miami and FIU play each other every Saturday the rest of the year, with the Wisconsin band in the stands and Perdue writing nice, positive game stories and headlines from the press box. They deserve each other.
And Now For Something Completely Different
Supporters of eternal underdogs did have a few results to cheer Saturday. Namely:
Indiana 31, Iowa 28 (14). No coach has had a more trying 2006 than IU's Terry Hoeppner (15). He had offseason brain surgery, then three weeks into the year had to have additional surgery to remove scar tissue. By the time Hoeppner came back to the sidelines his team had lost at home to I-AA Southern Illinois and UConn. Then came an utter crushing at the hands of Wisconsin and its renegade band. But the Hoosiers and their coach showed some remarkable resilience the past two weeks, rallying from 20 points down to beat Illinois on the last play Oct. 7 and then shocking the No. 15 Hawkeyes. Hard not to applaud that.
Vanderbilt 24, Georgia 22 (16). Vandy coach Bobby Johnson (17) has seemed achingly close the past couple of years to a breakthrough of some sort in Nashville -- and by breakthrough, we're not talking a league championship or BCS bowl. We're talking any kind of bowl. The Commodores haven't been to one since 1982. They still might not get there in 2006, but coming from behind to win at snorkeling Georgia reaffirms the program's direction. That's a good thing for the SEC's academic stronghold.
Colorado 31, Texas Tech 6 (18). From the long-angle view, the Buffaloes don't belong on the same list with Indiana and Vandy. But plummeting from a 2005 bowl game to 0-6 in 2006 -- including an opening loss to I-AA Montana State -- might have made Boulder the saddest spot on the map this fall. Congrats to first-year coach Dan Hawkins (19) on finally finding the win column in his new job.
Arguing Season Has Officially Opened
With the release of the first Bowl Championship Series Standings this week, the debating, politicking and all-out grousing has begun. Among the questions raised by the current standings:
• Three teams have separated themselves from the rest: Ohio State (20), USC (21) and Michigan (22). Given USC's seeming vulnerability, is there a chance for Buckeyes-Wolverines Part II in the championship game?
It certainly would seem possible if the Trojans stumble against Cal (23) and/or Notre Dame (24) -- but probably not without some help from USC, whose strength of schedule should increase in its final four games. If Ohio State and Michigan play a close game Nov. 18 in the Horseshoe, there is a chance that they're 1-2 in the BCS Standings thereafter -- or could wind up there by Dec. 3, after the last regular-season and league-championship games have been played. The BCS hasn't yet produced an intraconference title game.
• Who's maddest?
Probably Tennessee (25), which finds itself at No. 11 -- one spot behind Cal, a team the Volunteers pasted 35-18 to open the season (it was 35-0 late in the third quarter).
• Where are the biggest disparities between the computers and the humans?
West Virginia (26) is fourth in both polls but 14th with the computers. Texas (27) is fifth and 15th, respectively. Arkansas (28) is 17th in one poll, 18th in the other, but eighth with the computers. Rutgers (29) is 19th in both polls but ninth with the computers.
But the most significant impact of the BCS unveiling is upon The Dash itself. With the BCS having changed its rules to broaden its pool of applicants, The Dash thought it thematically consistent to change its Dashette application process. The ends-in-a restrictions on the names of the Dashettes excluded too many willing applicants and invited the possibility of lawsuits or congressional intervention. So in The Dash has expanded its selection process to include anyone (OK, any women) who has at least one name ending in a.
Ladies and gentlemen, the newly inclusive Dash presents Melissa Theuriau (30). Melissa said she's a fan of the Buckeyes and especially linebacker James Laurinaitis (31), one of the few players in college football who can match Melissa's surname vowel count.
Boiling Point Locales
With the season reaching critical-mass stages, The Dash identifies half a dozen hot spots (outside of South Florida) to watch closely in the coming weeks:
Florida quarterback (32). Chris Leak is and should be the Gators' starter, but freshman Tim Tebow's footsteps are louder than ever coming up behind him. We'll see how Leak handles that through an off week and into the Cocktail Party game against Georgia (which is starting its hotshot freshman QB Matthew Stafford). Tebow certainly has not displayed the polish or playbook command of Leak, but neither has Leak displayed the toughness or enthusiasm of Tebow. Which might be why Urban Meyer is playing both in mix-and-match fashion.
So far he's used Tebow more as an X-factor guy, changing the pace and look of the offense is certain situations (most often red zone and short-yardage plays). Much of Florida is wondering whether that role might expand in the near future. But perhaps Gator Nation understands the quarterback situation better than given credit for from the outside; an Orlando Sentinel online poll Tuesday morning asking who should be Florida's starting quarterback against Georgia had 70 percent of respondents favoring Leak and just 30 favoring Tebow.
Replay booth (33). The SEC said this week that its replay official was correct in not overturning the on-the-field fumble call against Leak at Auburn Saturday night -- even though photos show the ball coming out of Leak's hand as his arm is moving forward. Sure looks like an incomplete pass to The Dash -- and to quote the NCAA rule book, "
Any intentional forward movement of (the player's) arm starts the forward pass. If (an opposing) player contacts the passer or ball after forward movement begins and the ball leaves the passer's hand, a forward pass is ruled
" But that's only part of the problem. Meyer had to burn a timeout to get the play reviewed, when it clearly was a play that needed further scrutiny. Why? Where is the competence from above? Combine that with the Oklahoma-Oregon debacle -- and the seeming drain replay has placed on the on-field official
s, who seem to be at their worst this season -- and you have a system that isn't working as well as it should.
Oklahoma tailback (34). Replacing the irreplaceable Adrian Peterson falls to juniors Allen Patrick and Jacob Gutierrez, who have spent most of their Saturdays playing on special teams. Patrick fumbled twice against Middle Tennessee State earlier this year. Gutierrez is playing this year after tearing an ACL in the 2005 Holiday Bowl. In other words: good luck, Paul Thompson. The heat's on you even more now.
Head coach's office at North Carolina (35), Arizona State (36) and Michigan State (37). Change is coming.
Tar Heels boss John Bunting hasn't beaten a I-A opponent since Nov. 19, 2005 (actually, that was Duke, so make it last Nov. 5, when Carolina beat Boston College). The lone victory in 2006 was over I-AA Furman, by all of three points. The average margin of defeat in five losses is 22.4 points. The Heels are 16 games below .500 in Bunting's six-year tenure. Nice guy, can't do it.
Sun Devils coach Dirk Koetter hasn't been able to beat good teams often enough in Tempe. ASU's seven-point loss Saturday to USC was its ninth straight against a ranked opponent, and the Devils have given up an average of 38.5 points in those defeats. But it's not just terminally soft defense. Koetter's decision to hitch this season to sophomore quarterback Rudy Carpenter -- at the request of his players -- also has backfired. Playing without pressure after filling in for injured Sam Keller, Carpenter led the nation in passing efficiency last year with a rating of 175.01. This year: 128.46.
For Spartans coach John L. Smith, the end should almost be a relief in East Lansing. Radio talk show hosts literally are screaming themselves hoarse in denunciation of Smith and his players, which is good for no one. He's one game under .500 in four seasons at Michigan State, and every season has been marked by a spirit-breaking tailspin: a three-game November losing streak in 2003; losing four of the last five in '04; six of the last seven in '05; and the current four-game skid that started with the epic give-back against Notre Dame. At least Smith should depart with a lot of Michigan State's cash.
Putting Out An APB For
LaVell Edwards' initial star quarterback at Brigham Young, Gary Sheide (38). His name has been eclipsed from the record books by all the stars who followed, but it was Sheide, in the early 1970s, who commenced the pipeline of QB talent to Provo. Anyone with information on Sheide's whereabouts, please apprise The Dash.
Meanwhile, The Dash is pleased to report that former Missouri quarterback Phil Bradley (39) is alive and well and working as a special assistant to Donald Fehr with the Major League Baseball Players Association. The Dash heard from Phil's son, Curt Bradley, whose acorn fell not far at all from the tree. Curt is a two-sport college athlete himself, playing football and baseball at Northern Iowa.
Point After
The Dash missed out on papering Toomer's Corner (40) Saturday night/Sunday morning in Auburn but witnessed enough revelry amid the acres of RVs parked outside Jordan-Hare Stadium to make up for it. Best sight was the monster RV that was blaring Earth, Wind & Fire well after midnight, while "ESPN GameDay Final" played on the flat screen TV built into the RV's side. Victorious Auburn fans were dancing under a canopy lit with orange Halloween lights, undoubtedly intent on War Eagle-ing one another until dawn.
Pat Forde is a senior writer for ESPN.com. He can be reached at firstname.lastname@example.com.


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The World of Apu. Actually titled Apur Sansar, this is the third part of Indian Director-Producer Satyajit Ray's vital and abundant trilogy that began with Father Panchali and continued with Aparajito, now brings its hero to marriage and eventual confrontation with tragedy.
Let's Make Love. Marilyn Monroe does a seismic shimmy, sings My Heart Belongs to Daddy, and carries on with Singer Yves Montand, but despite their efforts, the show is not really good low humor; it is merely good-humored.
The Dark at the Top of the Stairs. In this light, effective drama about...
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SALT LAKE CITY — A man stabbed two people at the Smith's Marketplace grocery store in downtown Salt Lake City before being subdued by a bystander.
The attack took place around 5:30 p.m. in the parking lot of the store at 455 South and 500 East. According to a witness, it appears one man was stabbed in the side of the head and another was stabbed in the stomach. The exact condition of the victims is unknown, but police believe the injuries are very serious and possibly critical.
Police say a bystander with a concealed carry permit witnessed the attack and stepped in to keep it from escalating.
"(The bystander) was suspicious of what might be going on, and when he saw the stabbing, he just drew his pistol and challenged the individual," which caused the alleged attacker to lie down on the ground, Brian Purvis with the Salt Lake City Police Department said. By the time police officers arrived on the scene, the man was subdued and is now in custody.
The attacker apparently bought the knife inside the store. Police are going over surveillance videos to determine what else the man may have done before the attack.
Police have not yet interviewed the man in custody, who they say is in his 30's, and have been unable to speak to the victims while they are being treated for their injuries.
Police say there is no apparent motive for the attack at this time.
"Just going on what the witnesses said, it appears to be random," Purvis said.
Both victims are being treated at the hospital. Their identities have not been released, but police say they were both males, one in his 40's and one in his '30s. Police have not stated the condition of the victims but say they are "going to consider both to be in very serious condition" until they know otherwise.
Police are grateful for the bystander who stepped in, preventing the situation from worsening.
"This was a really volatile situation that could have gotten even worse," Purvis said. "He was definitely in the right place at the right time."
Stay tuned to ksl.com, KSL NewsRadio 102.7FM/1160AM and KSL TV for the latest updates.
Guns save lives.
what a god damn vigilante
we dont need that sort of thing
we need to ban knifes
Ban the knives. Or make a tremendous amount of regulations in order to purchase those things.
The audacity of a human being using another object besides a firearm to cause harm to people....


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I'm curious if anyone has ever tried using fleece pants as a diaper cover, and if it was successful in stopping leaks?
Fleece its water proof like wool, they sell wool longies as diaper covers, why not fleece?
You can get fleece longies on places like Etsy. Usually ones meant to cover a diaper as a cover will have a second layer - a contoured second layer for fleece shorties and an underwear-shaped second layer for longies (kind of like those skirt-and-undies-in-one things you often get with toddler girl clothes). The second layer helps to keep the wetness contained.
Also, they need to be 100% polyester fleece, no cotton in the mix or it doesn't work. Which you don't normally need to worry about if you're buying them as covers but if you want to makeup your own it's definitely something to check.
Ahhh ha, I see.
Well I just discovered making your own fleece covers out of cheap fleece blankets is super easy and cheap! No sewing, just cut the fleece, and use pins or cut it so u can Tie it on. I got a blanket from Walmart for 2.88, depending on how big I make them, I can get at least 5, probably more covers out of it. Just wanted to share ;-)
The fleece I have had wasn't hardly waterproof at all. Lanolized wool fleece would be perfect if you can find wool.
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New Chi City Songs, Mixtapes & Videos
Chi City ft. The Kid Daytona - Story To Tell [Stream & Download]
Since the days of tracksuits and Adidas kicks, hip-hop artists have been putting on for their city. Booth newcomer Chi City takes hometown reppin' to a new level, paying homage with his moniker. It is only fitting, because... Read More


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On Wed, Oct 29, 2008 at 7:24 PM, Scott Marlowe <scott(dot)marlowe(at)gmail(dot)com> wrote: Oh, and to reply to myself and the original poster, you need to figure out what's causing the pages to get damaged. IT's usually bad hardware, then a buggy driver, then a buggy kernel / OS that can cause it. Run lots of tests.
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Charity Navigator
Author: Kyle Waide, Deputy Director
March 22, 2003
An upcoming Supreme Court case is the talk of the town among charities, their fundraisers, and the regulators and watchdogs responsible for monitoring their activity. The talk, mostly among insiders, is polite and the problem debated all-too-familiar. What do we do about charities that spend "too much" of our money on fundraising?
Charities and the companies they hire to raise money are, of course, lining up on one side of the debate, while state attorneys general, charity watchdogs, and some consumer advocates are lining up just as dutifully on the other. Dividing them is that blurry line between a charity's First Amendment rights and the rights and responsibilities of the state to regulate charities and to protect its citizens from fraud.
(Charity Navigator, by the way, has not taken a position and we've decided to exercise our right not to get in line.)
One would hope that this debate, and the case precipitating it, would result in an agreement or set of solutions that would bring order to the largely chaotic world of charitable fundraising. At the end of the day, all the amicus briefs filed, coalitions formed and e-mails exchanged ought to help us figure out, once and for all, how to protect donors from inefficient charities and greedy fundraisers, while preserving the rights of charities to continue their very important work. In other words, the debate should lead to the kind of reform that will enhance the efficiency and effectiveness of charities.
Well, friends, don't get your hopes up. This case and the rather muted hullabaloo surrounding it is much ado about nothing, little more than a rehashed and relatively benign debate among charity insiders that will not result in any real reform.
Once again, charities and regulators are missing the boat. The key to reform is not finding constitutionally acceptable ways to restrict charities. The key is to empower donors. Until we shift this debate, real reform will not take place.
In the case at hand, Ryan v. Telemarketing Associates, the Attorney General of Illinois accuses a for-profit fundraiser, Telemarketing Associates, of fraud for pocketing 85% of the money it raised on behalf of the veterans' organization that hired them, VietNow National Headquarters.
That wasn't a misprint. VietNow hired Telemarketing Associates to conduct fundraising activities on their behalf. As compensation, VietNow agreed that Telemarketing Associates could keep around 85% of all the money it raised through the campaign. That means that if you made a donation to VietNow through Telemarketing Associates, only $0.15 of every dollar you contributed actually went to VietNow.
That's an appalling statistic. Based on that record alone, we laypersons would assume that Telemarketing Associates had to have done something illegal or fraudulent. I mean, when your child has chocolate on his face, you don't have to find a candy bar wrapper to know it's out there somewhere.
Despite these appearances, the courts have not sided with the Attorney General. His complaint was dismissed by three consecutive lower courts, including the Supreme Court of Illinois. The basic problem is that despite the state's interest in protecting citizens from fraud, it cannot pursue that interest by acting in ways that are inconsistent with the First Amendment. Based on a series of U.S. Supreme Court decisions in the 1980's, states' attempts to prohibit charities from spending "too much" on fundraising are inevitably inconsistent with the First Amendment. Here in a nutshell is why.
Charitable solicitations are protected as speech under the First Amendment because a significant component of the speech involved in these appeals is persuasive, informative or political in nature. When VietNow or its fundraiser calls to ask for money, they're also raising awareness and seeking support for the various economic, political and social issues affecting veterans. If they couldn't solicit—i.e., ask you for money—they wouldn't call you or contact you and the flow of their information would likely cease.
Because charitable solicitations are protected as speech under the first amendment, the state cannot act to limit this speech in ways that are inconsistent with the First Amendment. And the courts have held, thus far, that the Attorney General's claim is such an improper limitation of speech. Why?
In charging Telemarketing Associates with fraud because they retained an "excessive" amount of the proceeds, the Illinois Attorney General has asserted that a charity or a professional fundraiser commits fraud any time its fundraising costs are "excessive." In this case, the Attorney General's claim is based on the notion that a fundraising fee of 85% of the proceeds is an excessive amount. On three separate occasions, the U.S. Supreme Court has held that percentage-based restrictions on charitable solicitations—i.e., 85% is excessive and therefore fraudulent—limit speech in ways that offend the First Amendment. The problem is there's no "nexus" between fundraising costs and fraud. In other words, it's impossible to identify a percentage above which fundraising costs are always excessive and fraudulent. It's a classic problem of where do you draw the line.
Think about it. As already stated, a significant component of a charitable solicitation is persuasive and informative, and as a result there's no way to quantify the value of simply making the phone call and telling people that the charity exists. While I personally believe that 85% is a ridiculously high price to pay to let the people of
Second, a new charity, or a charity promoting a highly unpopular cause, will very likely incur much higher fundraising costs to raise the same amount of money than will a more established charity promoting a more popular cause. So 85% may be excessive for one group, but may be an enormous achievement for someone else. If states are allowed to set limits on fundraising costs, then they will in effect be able to choose who gets to speak and what causes get promoted.
While we have to find a way to reign in greedy fundraisers, we (probably) don't want the state to decide what charities and causes are acceptable. Imagine how unpopular a charity promoting racial integration might have been in the 1950's, or a charity benefiting victims of AIDS in the mid-1980's. Certainly those causes were less efficiently supported in those times than were less politically divisive causes then, or than those same causes now. If it were acceptable for the state to limit a charity's speech based on its fundraising costs, then those causes might not have been promoted as vigorously as they were, and our society might not look the same today. So even though Telemarketing Associates weren't promoting a particularly divisive issue, state restrictions on a charity's fundraising costs limit speech in ways that (probably) violate the First Amendment.
Given their past rulings, it's highly likely the Supreme Court will affirm the rulings of the lower courts in Ryan v. Telemarketing Associates, and will assert once again that charitable solicitations are fully protected speech that cannot be limited according to their associated fundraising costs.
Or, maybe the Supremes will decide in favor of the Attorney General, and give states some latitude to restrict what charities can spend on fundraising.
Neither ruling, however, will solve the larger issue raised by this case. Nor will the current debate among charities, fundraisers and regulators lead to meaningful reforms that root out the bad apples. If the Court preserves the status quo, groups like Telemarketing Associates will continue to hide behind the First Amendment and take advantage of the charitable intentions of thousands of individuals. But even if the Attorney General could say that 85%, or 75%, or 65%, is fraud, those same groups would find ways to sneak under percentage limitations on their fundraising costs without changing their activity in any meaningful way. Such a top-down attempt at reform will not change behavior.
Donors will continue to lose if we don't change the debate. We need reform from the inside out, not from the top-down through a magic-bullet limitation on the behavior of charities and their fundraisers. We must reform the culture.
To do so, we should stop focusing on the First Amendment, and instead debate and agree upon ways to create a marketplace that informs donors. By empowering consumers to make better decisions, fewer of them will be deceived, fewer inefficient or dishonest charities will be able to survive, and fewer fundraisers will be able to get rich off the naiveté of uninformed donors and complacent charities.
We can create this marketplace. The responsibility for doing so rests fully on the shoulders of state and federal regulators, consumers and charity watchdogs, and the "independent" sector itself. Each of these groups has a tremendous amount of leverage at its disposal to create a more effective marketplace. How can we put that leverage to work?
To begin with, let's find ways to help regulators empower donors by enforcing the laws and regulations already in place.
Despite appearances, charities and for-profit fundraisers face numerous regulations. Both groups are required to register with states before fundraising in those states. Both are required to report to the states where they operate on their activity, as well as to report to federal authorities, in particular to the IRS. Indeed, the annual informational tax returns of charities are a matter of public record, such that anyone can access and review them. In addition, stiff penalties can be imposed if these groups fail to register or report as required by federal and state authorities, or if they engage in such inappropriate and illegal activity as making fraudulent fundraising appeals, engaging in self-dealing, or awarding excessive compensation to officers and directors. Indeed, recent settlements and decisions involving Hale House and affiliates of the
As such, the challenge confronting states is finding the capability to redouble their efforts to enforce laws already on the books. The IRS and state charity officials are understaffed and underfunded. Faced with a sector growing out of control, and faced with their own shrinking budgets and staffs, they spend most of their time reviewing applications for tax-exempt status from new charities rather than performing audits, enforcing reporting requirements, and monitoring fundraising appeals. As we argued here last fall, this is a recipe for disaster and will result in a non-profit version of Enron, WorldCom, and Global Crossing.
Given the limitations to their resources, regulators must focus on remedies and actions that shift some of their regulatory burdens to consumers and watchdogs. The best step they can take in this regard is to strictly enforce the reporting requirements for charities. Charities are required to provide their informational tax returns to anyone who requests them. If charities refuse to provide these returns, they face stiff penalties. Yet our experience soliciting returns from more than 2,000 organizations, only 50% of whom complied after our first request, suggests those penalties are rarely imposed to the extent that they could be. That must change.
In addition, regulators should require charities to report with greater timeliness. Currently, charities must file their informational returns with the IRS 4 ½ months after the end of the year. They are also allowed an automatic 3 month extension that comes with no penalty, as well as another 3 month extension which they can request and which is rarely denied, again with no penalty. That means that many charities regularly file 10 ½ months after the end of their fiscal year. (By comparison, you and I have 3 ½ months to file, and if we owe taxes, we pay a penalty if we do not pay on time.) Again, by allowing charities so much time to file their financial returns, we prevent donors from accessing accurate and reliable information about the activity of charities.
If we want to change the culture, regulators need the resources that enable them simply to enforce the regulations already in place. They must ensure that donors can access information about charities that is reliable and up to date. When charities obstruct that process, they must face stiff penalties. None of these steps violate the First Amendment, and each of them will help create a more informed public that is better equipped to protect itself.
Next, let's find ways to help donors and charity watchdogs access and disseminate the best information available about the activity of charities and about giving in general.
The most powerful way to protect donors from fraudulent fundraising practices is to equip them with the information and resources they need to make more informed giving decisions. In providing information, we have made tremendous progress over recent years, as donors have more substantial and immediate access to the financial data of charities than ever before.
That said, many donors continue to lack the resources to make effective use of all this information. If the average stock market investor were asked to make investment decisions based only on the information in each company's SEC filings and on his or her unaided ability to understand that information, then our financial markets would lose their viability. Similarly, we cannot simply post IRS filings and expect that to satisfy the donor community's need for information and advice.
Despite the protestations of some charities, donors need more ratings and reviews of charities provided by charity watchdogs. The availability of more ratings, not less, will at the very least help a greater number of donors identify and avoid the most egregious examples of fundraising inefficiency, such as the one presented by VietNow and Telemarketing Associates. In addition, more donors will think about charities and giving differently. They'll view charities as sophisticated organizations that require ongoing investments, not one-time gifts. As a result, they'll become more proactive in their giving and become less vulnerable to the high-pressure fundraising tactics of highly inefficient charities. Meanwhile, by evaluating more charities over time, watchdogs will inevitably improve and expand their rating methodologies, which will ultimately help regulators and donors alike monitor the performance and activity of charities.
So instead of debating ways for the government to protect uninformed donors, let's debate ways to encourage the efforts to educate and empower donors that have already begun. In doing so, we will decrease the likelihood that an inefficient charity can take advantage of the charitable intentions of donors. We'll build the confidence of donors in charities and enhance their involvement in giving. These outcomes will each improve the philanthropic marketplace without violating the First Amendment.
Then, let's share ideas for how charities and the broader non-profit community can become more transparent, accountable, and less vulnerable to the unjustifiably high fees charged by some fundraisers.
A great place to start is to ask why a charity would ever sign a contract surrendering 85% of the money raised on its behalf to a telemarketer. That is the most vexing question raised by Ryan v. Telemarketing Associates. It's in no one's interest to allow the state to prevent a charity from signing such a contract. Excluding telemarketers, it's in everyone's interest to send the message loud and clear that VietNow made a horrendous business decision in agreeing to the terms of their contract with Telemarketing Associates.
Fundraising is big business. Individuals donated more than $150 billion to charities in the year 2001. While most of that revenue was generated by the charities themselves, for-profit fundraisers did generate a significant portion of that total. When they keep unjustifiably high percentages of that total as fees for themselves, then the amount that can be used for charitable purposes is diminished. Given the potential impact of their fees on our charitable resources, the independent sector must view their fundraising partners with the same neutrality as businesses in any sector view their vendors. They must negotiate for better terms with fundraisers, or they must find more competitive alternatives that do not cripple their productivity. The fees charged by fundraisers vary too dramatically to believe that charities are working as hard as they can to get the most bang for their buck. Charities must work together to identify fundraising cost structures that are acceptable, and then they must negotiate better contracts with fundraisers. Not doing so severely limits their resources. By simply making better business decisions, charities will go a long way toward increasing their effectiveness.
Secondly, the independent sector must lead the way in empowering donors to make better decisions. The carrot in this game is to reduce their fundraising costs. By participating in efforts to encourage donors to become more involved in and knowledgeable of their activities, charities will lessen the burdens of cultivating and retaining donors. Charities and their allies must work to encourage the flow of information, not restrict it. This means cooperating with watchdogs, initiating efforts to improve the methodologies of watchdogs, reporting financial data with greater attentiveness and timeliness, and making it available whenever requested. Foundations should help support research initiatives that identify ways to improve the information available to donors. Finally, other giving intermediaries, such as online giving portals, donor-advised funds, and philanthropic advisors, should aggressively promote and disseminate ratings and reviews of charities, so that the transactions they enable become more effective.
By creating a more competitive environment, the independent sector will institutionalize its own improvement. The charities that naively pay outrageous fundraising fees will slowly go out of business. The companies charging those fees will follow. Those charities that demonstrate their efficiency and effectiveness to the greater number of donors will develop a greater capacity to pursue their missions. Less transparent charities will either change their practices or lose support. Ineffective organizations will be subsumed by more effective ones, inspiring a wave of consolidation in the sector that is sorely needed. And donors will have access to increasingly powerful tools for managing their giving, tools that will simultaneously reduce fundraising costs for charities. Again, these measures will benefit donors, regulators and charities, and the First Amendment will not be offended.
On March 3, the Supreme Court will hear arguments in Riley v. Telemarketing. Months later, they'll issue their decision. Neither of those occurrences will improve the non-profit marketplace.
The debate that awaits us does not concern the First Amendment. The debate concerns reform, and the components of reform that empower donors to become more informed. Let's have that debate. Let's achieve reform. Millions of donors, in


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In one of the most dramatic days in Wall Street's history, Merrill Lynch agreed to sell itself to Bank of America on Sunday for roughly $50-billion to avert a deepening financial crisis while another prominent securities firm, Lehman Brothers, hurtled toward liquidation after it failed to find a buyer, people briefed on the deals said.
The humbling moves, which reshape the landscape of American finance, mark the latest chapter in a tumultuous year in which once-proud financial institutions have been brought to their knees as a result of tens of billions of dollars in losses because of bad mortgage finance and real estate investments.
The developments caused two immediate counter-reactions. Late Sunday, a group of global banks and securities firms announced a $70-billion loan program that financial companies can tap to help ease a credit shortage that threatens global financial markets.
Also, the Federal Reserve announced steps including broadening the types of assets that investment banks can put up to get emergency loans from the Fed.
Sunday's developments culminated a weekend of frantic around-the-clock negotiations, as Wall Street bankers huddled in meetings at the behest of Bush administration officials to avoid a downward spiral in the markets stemming from a crisis of confidence.
It remains to be seen whether the sale of Merrill, which was worth more than $100-billion during the last year, and the controlled demise of Lehman will be enough to finally turn the tide in the yearlong financial crisis that has crippled Wall Street. Questions remain about how the market will react today, particularly to Lehman's plan to wind down its trading operations, and whether other companies may still falter, like the American International Group, the large insurer, and Washington Mutual, the nation's largest savings and loan. Both companies' stocks fell precipitously last week.
This acts as a signal to the marketplace that banks, brokerages and other financial companies can lean on the fund to take care of borrowing needs.
The pending bankruptcy of Lehman is likely to have a big impact on Florida government finance. Three Florida agencies hold nearly $600-million in Lehman Brothers stock and corporate securities, and also use the bank as an adviser and broker.
The State Board of Administration, which manages Florida's pension fund and 32 other accounts, holds Lehman stock and corporate securities originally worth $406-million.
The SBA also paid Lehman $2.2-million last year for investing pension assets, about $500,000 for managing money in a fund used by state agencies and about $5.2-million in broker's fees. Lehman also earns fees from other companies for selling their securities to Florida.
Florida's Division of Treasury, which invests state revenue and trust fund money, holds $141.3-million in Lehman securities.
Citizens Property Insurance Corp., the state-run insurer of homes and condos, owns Lehman securities with a market value of more than $35-million.
Though the government only a week ago took control of the troubled mortgage finance companies Fannie Mae and Freddie Mac, investors have become increasingly nervous about the difficulties of major financial institutions to recover from their losses.
How things play out could affect the broader economy, which has been weakening steadily as the financial crisis has deepened over the last year, with unemployment increasing as the nation's growth rate has slowed.
Humbled, triumphant
A weekend that was humbling for Lehman and Merrill Lynch and triumphant for Bank of America, which is based in Charlotte, N.C., and is a top bank in Florida, began at 6 p.m. Friday in the first of a series of emergency meetings at the Federal Reserve in Manhattan.
The meeting was called by Fed officials, with Treasury Secretary Henry Paulson in attendance, and it included top bankers.
The bankers were told that the government would not bail out Lehman and that it was up to Wall Street to solve its problems. Lehman's stock tumbled sharply last week as concerns about its financial condition grew and other firms started to pull back from doing business with it, threatening its viability.
Without government backing, Lehman began trying to find a buyer, focusing on Barclays, the big British bank, and Bank of America. At the same time, other Wall Street executives grew more concerned about their own precarious situation.
The fates of Merrill Lynch and Lehman Brothers would not seem to be linked; Merrill has the nation's largest brokerage force and its name is known in towns across America, while Lehman's main customers are big institutions. But during the credit boom both firms piled into risky real estate and ended up severely weakened, with inadequate capital and toxic assets.
On Sunday morning, Kenneth D. Lewis, Bank of America's chief executive, and Merrill chief executive John A. Thain cemented the deal.
For Bank of America, which this year bought Countrywide Financial, the troubled mortgage lender, the purchase of Merrill puts it at the pinnacle of American finance, making it the biggest brokerage house and consumer banking franchise.
Bank of America, meanwhile, eventually walked away from its talks with Lehman after the government refused to take responsibility for losses on some of Lehman's most troubled real-estate assets.
Lehman was expected to seek bankruptcy protection for its holding company by late Sunday, representing the largest failure of an investment bank since the collapse of Drexel Burnham Lambert 18 years ago, people close to the matter said. Lehman's subsidiaries were expected to remain solvent while the firm liquidates its holdings.
Merrill Lynch is hardly the only troubled financial institution on the horizon. Administration officials acknowledged this week that more bank failures are inevitable, and the main protection for depositors — the Federal Deposit Insurance Corporation — is likely to exhaust the reserves it has built over the years from bank insurance premiums.
Most economists contend that bailouts are often bad economic policy, because each rescue tends to encourage "moral hazard" — the tendency of institutions and investors to take even bigger risks because they assume the government will rescue them, too.
Both Paulson and Bernanke worried that they had already gone much further than they had ever wanted, first by underwriting the takeover of Bear Stearns in March and by the far bigger bailout one week ago of Fannie Mae and Freddie Mac, the giant mortgage finance companies.
Officials noted that Lehman's downfall posed a lower systemic threat because it had been a very visible and growing risk for months, which meant that its customers and trading partners had months to prepare themselves.
Outside the public eye, Fed officials had acquired much more information than they had in March about the interconnections and cross-exposure to risk among Wall Street investment banks, hedge funds and traders in the vast market for credit-default swaps and other derivatives.
James Leach, a former Republican congressman from Iowa and chairman of the House Banking committee, said the Fed and Treasury may not be able to avoid a broader rescue.
"The Fed's historic position is to object philosophically to a rescue role but in the end to do everything in its power to avoid anything that poses systemic risk," said Leach.
""If systemic risk is considered grave, the Fed, perhaps with Treasury playing at least an advisory role, will intervene, he said.
Times staff writer Sydney Freedberg contributed to this report, as did New York Times writers Jenny Anderson and Eric Dash.


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Vatican City • Other than St. Peter's Basilica, there is hardly better real estate in Vatican City than the sprawling penthouse apartment in the Vatican gardens, where the rooftop terrace has in-your-face views of the dome itself and overlooks the hotel that Pope Francis calls home.
The 300-square-meter (3,230-square-foot) bachelor pad, belonging to the previous pope's second-in-command, looked even better after undergoing a 422,000-euro ($481,000) face-lift.
Who footed the bill? The Bambino Gesu Pediatric Hospital foundation, which raises money for sick children at the "pope's hospital" in Rome.


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- 82 month(s) ago
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VietNamNet Bridge – David Cook and Alexandra Burke, the winners of the American Idol and X-Factor (Britain) will perform in the H-Artistry show in Hanoi in June, with Vietnamese Australian singer Thanh Bui.
This year the H-Artistry (previously called Hennessy Artistry) concert will take place at 8 pm, June 16, at the Quan Ngua Sports Palace. The concert will maintain its criterion--the combination among international young talents. The 2011 concert will welcome three foreign artists: Alexandra Burk and David Cook, the two rising stars in the UK and US, and Vietnamese Australian singer Thanh Bui.
Burke, 23, is a British R&B and pop recording artist who rose to fame after winning the fifth series of British television series, The X Factor (the original version of American Idol) in 2008.
As the winner of The X Factor, Burke released her debut single, "Hallelujah", originally a Leonard Cohen song, that became the current European record holder for single sales over a period of 24 hours: selling 105,000 copies in one day; but also, the top-selling song of the year in the UK as well as becoming the 2008 Christmas number one single in the UK. By January 2009, sales of Burke's version of "Hallelujah" had passed one million copies, which made her the first British female soloist to sell that amount of copies in the UK.
Her debut album, "Overcome" was released in October 2009, and entered the UK Albums Chart at number one. The album's lead single "Bad Boys" was released a week in advance to the album and debuted at number one selling over 710,000 in the UK: becoming her second consecutive number-one single and first Brit-nominated single. She has since followed "Bad Boys" with singles that have consecutively stolen top ten places in the UK Singles Chart. To date, Burke has achieved 3 Number one singles across the UK and Ireland: "Hallelujah", "Bad Boys" and "Start Without You".
Burke has been nominated three times for a Brit Award for Best British Single as a solo artist, with "Hallelujah", in 2009, "Bad Boys", in 2010, and "All Night Long" in 2011, and has achieved three solo number one singles: her most recent single "Start Without You" became her third solo UK number one hit; as well as two number one singles as a featured artist in charity singles "Hero" and "Everybody Hurts". As of December 2010, Burke has sold over 4 million records in the UK alone with combined sales of her singles and her album Overcome.
David Roland Cook, 29, is an American rock singer-songwriter, who rose to fame after winning the seventh season of the reality television show, American Idol. Prior to Idol, he released an album entitled "Analog Heart," and his post-Idol self-titled album, produced by Rob Cavallo, was released on November 18, 2008; and has since been certified platinum by the RIAA.
Thanh Bui.
Thanh Bui, 28, is a Vietnamese Australian singer, songwriter and musician. Bui was part of the boy-band "North", who had top ten hits in Thailand, Indonesia, Malaysia, the Philippines and India, toured around Malaysia and split up in 2006. He was a contestant on the 6th season of Australian Idol and was eliminated during the Top 8 Results Night.
Thanh Bui is the director and vocal coach at International Artist Academy, with North band member Alfred Tuohey, formed Yin Yang Productions and is a successful songwriter, having written songs including, Killer Queen for Jimi Blue (gold in Germany) and Dream Alive for Arashi (number 1 in Japan). He has released an ep entitled "Through My Eyes." He wrote music for a Vietnamese movie entitled "De Mai Tinh" (Fool for Love) and American TV show "The Real World". He has returned to Vietnam several times for performance.
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Smith and RFRA and the Bishops' Claims
A short sketch, for those interested. Or you can go read all the opinions!
Employment Division v. Smith is the central Supreme Court opinion interpreting the First Amendment of the Constitution's protection of religious liberty. Westlaw summarizes its holding as follows:
Although state would be prohibiting free exercise of religion in violation of free exercise clause if it sought to ban religious acts or abstentions only when they were engaged in for religious reasons, or only because of religious belief that they displayed, right of free exercise does not relieve individual of obligation to comply with valid or neutral law of general applicability on ground that law proscribes, or requires, conduct that is contrary to his religious practice, as long as law does not violate other constitutional protections.
As I said below, the key significance of this case is that it significantly loosened the standard for assessing most constitutional claims of religious liberty cases. That prior test required that government actions that substantially burden a religious practice must be justified by a compelling state interest and narrowly tailored to affect that interest as little as possible. (Sherbert v. Verner). Smith clearly says that legislatures can make exemptions from generally applicable laws for religious practices–I am not sure that it encourages such practices, as some have suggested in my previous thread.
So Smith set the basic framework for FEDERAL CONSTITUTIONAL protection of religious liberty. What about the Religious Freedom Restoration Act, known as RFRA? I honestly don't see how it can be understood apart from Smith. Why? First, if you read the text of the Act, it's clear its whole purpose is to "undo" Smith and restore the prior test from Sherbert. That's the restoration at stake. To the extent that you can't understand any law without understanding its stated purposes, you can't understand RFRA as anything but the anti-Smith. (In other words, it is certainly possible that some hypothetical statute can be interpreted as a non-responsive supplement to Smith–but not this statute.)
Why does it matter? In my view, for pedagogical reasons. Even if RFRA did restore everything taken away by Smith, Smith, I think, sets too cavalier a tone toward religious liberty questions. Mike Moreland points out, as does the majority in Smith, that the Court has upheld most restrictions on religious liberty even when applying a strict srutiny test. That may be true. But it is not decisive. Practically speaking, lawmakers may decide not to pass laws that they think would clearly fail a strict scrutiny test. Moreover, the pedagogical power of the law is important. Smith's message, in my view, is insufficient in its respect for religious freedom.
Although very short, RFRA purports to be very expansive in function–to cover all types of governmental action at every level of government. It purports, in a way, to be a super-law–not quite an ordinary statute.
And that's part of what got it into trouble with the Supreme Court. In Boerne v. Flores, the Court struck down RFRA as applied to the states. Why? Well, believe it or not, the powers of the federal government are limited to what is found in the Constitution. The Supreme Court found that in RFRA, the Congress exceeded its authority under section 5 of the Fourteenth Amendment, thereby encroaching on the power of the states. It also did not escape the Court's notice that Congress was trying to "undo" their own interpretation of the Constitution.
Congress' power under § 5, however, extends only to "enforc [ing]" the provisions of the Fourteenth Amendment. The Court has described this power as "remedial," South Carolina v. Katzenbach, supra, at 326, 86 S.Ct., at 817–818. The design of the Amendment and the text of § 5 are inconsistent with the suggestion that Congress has the power to decree the substance of the Fourteenth Amendment's restrictions on the States. Legislation which alters the meaning of the Free Exercise Clause cannot be said to be enforcing the Clause. Congress does not enforce a constitutional right by changing what the right is. It has been given the power "to enforce," not the power to determine what constitutes a constitutional violation. Were it not so, what Congress would be enforcing would no longer be, in any meaningful sense, the "provisions of [the Fourteenth Amendment]."
Some people call RFRA a "civil rights amendment," upon analogy to the Civil Rights Acts, which WERE upheld under by the Court. It is important to point out that it is precisely this analogy between RFRA and the Civil Rights Acts which the Court rejected in Boerne.
RFRA is just an ordinary statute–it is not a superstatute, it is not a quasi-constitutional behemoth statute. What follows from this? In my view, the clear conclusion that attempts to frame the bishops' religious liberty claims as exclusively a matter of RFRA are mistaken.
1. RFRA applies to the HHS regs–because they are regs, and a statute trumps regs. It wouldn't help if the offending provisions were explicitly in the health care reform law itself. RFRA can't bind future congresses. In that case, the bishops would have to argue on the basis of the constitutional law itself.
2. Some of the problems mentioned by the bishops in their list of worries are state actions, not federal actions–such as Alabama's immigration law. Again, not resolvable under RFRA (although it is important to remember that STATE constitutional protections can be invoked against state laws.)