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The Religious Land Use and Institutionalized Persons Act of 2000
The Impact on People in Prison
Thanks to basic Constitutional protection and federal legislation, prison inmates today enjoy unprecedented religious liberty. The challenge for prison administrators is to balance this liberty with legitimate penological needs such as safety and security. This challenge is particularly acute in light of the growing religious and cultural diversity of Tennessee prison inmates, and the explosion in the inmate population in the last 25 years. The variety of religions and religious needs of U.S. inmates has never been greater, and there is no end in sight.
The focus of this article is the impact of the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. 2000 cc, et seq. (RLUIPA), on incarcerated persons. The land use aspects of RLUIPA are beyond the scope of this article and will not be addressed.
The History of Religion in U.S. Prisons
Religion has been important in U.S prisons and jails since colonial times. As early as 1691, Gov. William Penn, a devout Quaker, pushed for passage of the Great Law in the Colony of Pennsylvania. This law provided for humane conditions in Philadelphia's Walnut Street Jail, America's first penitentiary.[1]
An overriding goal of the Walnut Street Jail was that inmates would spend long hours in their cells alone in silence, reading the Bible. The theory was that inmates would come to see the error of their ways and pray for God's forgiveness; in short, they would become penitent for their sins; hence the term "penitentiary." In what became known as the Pennsylvania system, inmates not only had religious rights, they had religious duties. Exposure to Christian precepts, and the firm belief that this would lead to rehabilitation, was an integral part of why inmates were locked up. This emphasis on religion in America's prisons and jails was not unique to Pennsylvania. It continued in the colonies throughout the 17th and 18th centuries, and it remained following the formation of the United States and ratification of the Constitution in 1789.[2]
Overview of the U.S. Prison System
On June 30, 1987, a total of 585,084 people were incarcerated in U.S. prisons. By Dec. 31, 2007, that number had skyrocketed to 1,596,127. When the 723,121 inmates in jails are added, the total was 2,319,258. The U.S. is number one in the world in absolute numbers of inmates and incarceration rate. Elected officials and prison administrators have struggled to accommodate this growth, and the problems that come with it.[3]
Religious Diversity in Tennessee Prisons
Compounding the challenge of jail and prison population growth is increasing religious diversity among inmates. Just as the free world is becoming more religiously diverse, prison inmate populations are, too. According to data provided by the Tennessee Department of Correction, as of June 9, 2008, the religious preferences selected by Tennessee's 19,332 inmates were as shown in the following table:
Religious Preferences of Tennessee Inmates
|Christian (various Protestant denominations)
|No Preference/atheist/agnostic
|Islamic, Black Muslim, Mohammedan
|Christian (Roman Catholic)
|Agnostic, Atheist
|Native American
|Jewish (Orthodox, Conservative, Reformed)
|Christian Identity
|Eastern Orthodox (Greek)
|Christian Science
|Inmates not responding to the question
Although located in the midst of the Bible Belt, Tennessee inmates represent 19 separate faith groups. While the number of non-Christian inmates is small, all inmates enjoy unprecedented legal protection of their religious rights.
The Law Relating to Inmates' Religious Rights
The law relating to inmates' religious rights derives from four basic sources: (i) the U.S. Constitution and state constitutions, (ii) federal and state legislation, (iii) federal and state case law, and (iv) administrative regulations, policies and procedures.
Constitutional Law
The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ..." (emphasis added). Through selective incorporation, the Supreme Court has held this language also applies to the states. In Cruz v. Beto,[4] the Court held that a Buddhist prison inmate in Texas retained his religious rights provided by the First Amendment, notwithstanding his incarceration. Thus, the supreme law of the land is that neither Congress nor the states may establish an official religion, nor prohibit persons (including prison inmates subject to reasonable prison rules and regulations) from exercising their religious beliefs.
Statutory Law
The inherent tension between the Establishment Clause and the Free Exercise Clause of the First Amendment has led to extensive legislation and litigation. In 1993, a coalition of conservative and liberal members of Congress passed the Religious Freedom Restoration Act (RFRA).[5] Section 3(b) of RFRA states that "government may substantially burden a person's exercise of religion only if it demonstrates that application of the burden to the person " (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest" (emphasis added).
RFRA was passed after extensive debate and over the objections of all 50 state commissioners of corrections and other experts in penology. The concern of the commissioners and others was that the Act would lead to frivolous lawsuits by prison inmates. These concerns proved to be true. As the trial court in Cutter v. Wilkinson,[6] noted, "According to defendants, the number of religions espoused by Ohio prisoners proliferated under RFRA, and the religions in question often demanded distinctly unorthodox religious services and items, such as martial arts classes. Furthermore, considerable amount of state resources were consumed addressing prisoner litigation efforts."
The concern that RFRA would result in frivolous inmate lawsuits was addressed by Congress in the Prison Litigation Reform Act of 1995 (PLRA).[7] The stated goal of PLRA was to curb the number of frivolous lawsuits filed by prisoners in federal court. To further this end, Section 7(a) of PLRA requires a prisoner to exhaust administrative remedies before filing a lawsuit asserting violation of the prisoner's Constitutional rights, including religious rights under the First Amendment.
Congress passed RFRA in 1993 to express its disagreement with the Supreme Court's decision in Employment Division v. Smith.[8] In Smith, the Court had held that the government may burden religious practices merely by showing a rational basis for the burden. In that case, a rational basis was shown for denying government benefits to smokers of peyote who claimed they smoked it for religious reasons. In RFRA, Congress required the government to prove a compelling interest, rather than a rational basis, for burdening a religious practice.
It is much harder for the government to prove a compelling interest for an action than to prove the action merely has a rational basis. Thus, under RFRA Congress enhanced religious freedom by raising the standard the government must meet before burdening religious practice. In 1997, however, the Supreme Court found RFRA to be unconstitutional. In City of Boerne v. Flores,[9] the Court held that in applying RFRA to the states, Congress had exceeded its authority, thus reestablishing the rational basis test in state prisons. Today RFRA applies to federal prisons, but not to state prisons.
In response to the ruling in Flores and with virtually no debate, Congress passed RLUIPA in 2000. The purpose of RLUIPA was to go back to the compelling governmental interest standard set out in RFRA. Section 2000cc-1(a) of RLUIPA states that "no government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution ... even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden of that person " (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest." (Emphasis added). Section 2000cc-5(7) of RLUIPA states, "The term 'religious exercise' includes any exercise of religion, whether or not compelled by, or central to, a system of religious belief."
The similarity between the language of RFRA and RLUIPA is clear. By enacting RLUIPA, Congress reestablished the RFRA standards, making it more difficult for prison officials to burden religious practices by inmates. However, Section 2000cc-2(e) of RLUIPA states that it was not intended to amend or repeal the PLRA. Thus, the exhaustion of administrative remedies requirement applies to RLUIPA claims.
Case Law Under the First Amendment
Inmates wishing to file suit alleging violation of their religious rights have the option of filing under the First Amendment, under RLUIPA, or under both. RFRA also remains an option for inmates in federal prisons. As a practical matter, most inmate suits pertaining to religion assert violations of both First Amendment and RLUIPA provisions. However, the emphasis is on RLUIPA due to the higher standard prison officials must meet in order to prevail in RLUIPA cases.
To prevail in First Amendment cases, inmates must meet the standards set out by the Supreme Court in the case of Turner v. Safley.[10] In Turner, the Supreme Court held a prison regulation which impinges on an inmate's constitutional rights is valid if it is reasonably related to legitimate penological interests. The Court in Turner went on to list several factors to be considered in determining the reasonableness of prison regulations and actions of officers: (1) whether a "valid, rational connection" between the regulation and the legitimate governmental interest, which governmental interest must be neutral, (2) whether alternative means of exercising the right that remain open to the inmate, (3) whether accommodating the right will infringe on the rights of guards or other inmates, or on the allocation of prison resources, and (4) whether there are alternative methods of accommodating the inmates' requests at minimal cost to valid penological interests. For a concise statement of the manner in which a First Amendment case proceeds, see Section B, 1 in Kay v. Bemis.[11]
Case Law Under RLUIPA
Constitutionality of RLUIPA. Perhaps the most significant RLUIPA case to date is Cutter v. Wilkinson.[12] In 2001 the United States District Court for the Southern District of Ohio decided this consolidated case brought by inmates housed in various Ohio prisons. The plaintiffs alleged violations of RLUIPA by the Ohio Department of Rehabilitation and Corrections (the ODRC) in that the ODRC had refused to recognize the plaintiffs' nontraditional religions. These religions included the Church of Jesus Christ Christian, a sub-denomination of Christian Identity, Asatru and Wicca. The plaintiffs also claimed RLUIPA violations due to the prison's (i) denial of access to religious literature and items necessary to practice their religions, (ii) denial of the opportunity to conduct religious services, (iii) denial of the opportunity to conform their dress and appearance to that required by their religion, (iv) denial of a prison chaplain trained in, and dedicated to, their religion, and (v) retaliation by prison officials as a result of attempts to practice their religion. In their response, the defendants argued that RLUIPA was unconstitutional.
In Gerhardt v. Wilkinson[13] the District Court found RLUIPA to be constitutional and the defendants appealed. In 2003 the U.S. Court of Appeals for the Sixth Circuit found RLUIPA to be unconstitutional and the plaintiffs appealed.[14] In May of 2005 the U.S. Supreme Court found RLUIPA to be constitutional and the case was remanded for further proceedings.[15] In September 2005, the U.S. Court of Appeals for the Sixth Circuit denied the remaining arguments on the constitutionality of RLUIPA and remanded the case for further proceedings.[16] The case is now pending in the District Court in Ohio.
Inmates and prison officials throughout the Sixth Circuit and nationwide are closely watching the Cutter case. The facts of the case provide an excellent opportunity for the courts to give much needed clarity and guidance to prison officials. Guidance is needed on the general application of RLUIPA and the specific application of RLUIPA to minority religions.
In reaching its decision that Section 2000cc-1(a) of RLUIPA is constitutional, the Supreme Court in Cutter made several significant observations:
Legislative History and Intent. The Court noted that prior to enacting RLUIPA, Congress held three years of hearings finding "frivolous and arbitrary' barriers to institutionalized person religious exercise."[17] The Court stated that "RLUIPA thus protects institutionalized persons who are unable freely to attend to their religious needs and are therefore dependent on the government's permission and accommodation for exercise of their religion."[18] The Court noted that Congress enacted RFRA (the forerunner to RLUIPA) to "secure redress for inmates who encountered barriers to their religious observance."[19]
Deference to Prison Officials. The Court observed that Congress anticipated courts would show due deference to the experience and expertise of prison and jail administrators in determining issues such as "compelling governmental interests" and "least restrictive means."[20]
Compelling Governmental Interests. The Court noted that "context matters" in determining whether the compelling governmental interest standard has been met.[21] The Court observed the need of institutions to maintain prison order and safety and that Congress anticipated deference to prison regulations necessary to maintain "good order, security and discipline, consistent with consideration of costs and limited resources," and in Note 13, the Court stated that "prison security is a compelling state interest ..." [22]
Sincerity of Belief. In Note 13, the Court stated, "Although RLUIPA bars inquiry into whether a particular belief or practice is 'central' to a prisoner's religion ... the Act does not preclude inquiry into the sincerity of a prisoner's professed religiosity."[23]
Governmental Neutrality on Religion. In discussing the tension between the Establishment Clause and the Free Exercise Clause of the First Amendment, the Court noted the judicial struggle over the years to find a neutral course between the two; and that "there is room for play in the joints" between the two clauses.[24] But the need for neutrality does not preclude the government from imposing some limitations on religious exercise. The Court said, "We do not read RLUIPA to elevate accommodation of religious observances over an institution's need to maintain order and safety."[25]
Substantial Burden. RLUIPA does not define "substantial burden." In Adkins v. Kaspar,[26] the Fifth Circuit stated that for RLUIPA purposes, a substantial burden on a religious exercise can result from governmental pressure on an inmate to significantly modify religious behavior or to significantly violate religious beliefs. The court noted that the test must be applied on a case-by-case, fact-specific basis. The court found that failure to provide kosher meals to a Jewish inmate did not substantially burden his religious exercise and that the state of Texas had a compelling governmental interest in maintaining good order and controlling costs. Plaintiff was one of approximately 165 practicing Jewish inmates out of a total population of 145,000. The cost of kosher meals was estimated to be 12 to 15 dollars per day; non-kosher meals cost $2.46 per day.
In Washington v. Klem,[27] the Third Circuit noted differences among the circuits in defining "substantial burden" for RLUIPA purposes. The court suggested that for RLUIPA purposes, a substantial burden exists when "a follower is forced to choose between following the precepts of his religion and forfeiting benefits otherwise generally available to other inmates versus abandoning one of the precepts of his religion in order to receive a benefit." The Third Circuit suggested this test as an alternate to the test set out by the Fifth Circuit in Adkins. The Third Circuit found that a restriction by the Pennsylvania Department of Correction to only 10 books in an inmate's cell substantially burdened his religious exercise.
Burden of Proof. In Mayfield v. Texas Department of Criminal Justice,[28] the Fifth Circuit referred to Adkins v. Kaspar,[29] in discussing the burden of proof in RLUIPA cases. The court noted that RLUIPA cases begin with the inmate having the burden of proving (i) that the burdened activity is a "religious exercise," and (ii) that the burden is "substantial." The plaintiff must also show that the belief is sincerely held (see Cutter v. Wilkinson).[30] If the plaintiff is successful, the burden shifts to the government to prove (i) that the burden is supported by a compelling interest, and (ii) that the burden is the least restrictive means of carrying out that interest.
Statute of Limitations. In Couch v. Jabe,[31] the District Court discussed the statute of limitations in RLUIPA cases. The court noted that while RLUIPA does not contain a statute of limitations, 28 U.S.C. 1658 provides a four-year statute for federal civil actions arising under Acts of Congress enacted after Dec. 1, 1990.
Failure to Plead RLUIPA. In Alvarez v. Hill,[32] the Ninth Circuit held failure to specifically plead RLUIPA claims does not bar a plaintiff from asserting those claims, if "fair notice" of the claims has been provided to the government. In support of its conclusion, the court cited the Cutter case, which refers to RLUIPA's "manifest purpose of protecting institutionalized persons who are unable freely to attend to their religious needs."[33] In addition, the court cited Greene v. Solano County Jail, that "no longer can prison officials justify restrictions on religious exercise by simply citing to the need to maintain order and security in a prison. They must demonstrate that they actually considered and rejected the efficacy of less restrictive measures before adopting the challenged practice."[34]
Attorneys' Fees and Costs. In Northern Cheyenne Tribe v. Jackson,[35] the Eighth Circuit upheld the statutory provision that grants district courts the discretion to award attorneys' fees to the prevailing party in RLUIPA cases. See 42 U.S.C. 1988(b). The Sixth Circuit addressed this question in DiLaura v. Township of Ann Arbor.[36] See Note 1 at the end of DiLaura which cites Rule 54(d) of the Rules of Civil Procedure that "costs are to be awarded as 'of course' to the prevailing party."[37]
Damages. Section 2000cc-2(a) of RLUIPA provides that "a person may assert a violation of this chapter as a claim or defense in a judicial proceeding and obtain appropriate relief against a government."[38] In a lengthy opinion, the court in Van Whye v. Reisch,[39] noted a wide range of damages may be available under RLUIPA, including injunctive relief, monetary damages, nominal damages, declaratory relief, and possibly punitive damages. However, the court observed a significant division among the circuits as to whether claims for monetary damages are allowed under RLUIPA against persons in their individual versus their official capacity. Also see Mayfield v. Texas Department of Criminal Justice.[40] The question of appropriate damages under RLUIPA continues to evolve, and practitioners are cautioned to check the most current case law when drafting pleadings.
Immunity. Government officials often claim immunity or qualified immunity in First Amendment and RUIPA cases. Officials sued in their official capacities generally have immunity from monetary damages under Hafer v. Melo.[41] However, officials sued in their individual capacities only have qualified immunity. In Couch v. Jabe,[42] the court summarized the three-step analysis a court must follow to overcome an official's qualified immunity. The court must find (i) that the plaintiff's allegations, if true, establish a constitutional violation, (ii) that the constitutional right was clearly established at the time of the alleged violation, and (iii) that a reasonable person in the official's position would have known that his conduct would violate that right. See also Mayfield v. Texas Department of Criminal Justice.[43]
Miscellaneous Case Law
Much of the litigation pertaining to inmates' religious rights involve diet, clothing, personal grooming, personal property items needed for religious exercises, prayer oil, prayer rugs, the right to worship in groups, the right of individual inmates to preach or to lead worship, sweat lodges, and smoking. Many courts have ruled in favor of prison restrictions in these areas in deference to prison officials' opinions that such restrictions foster prison safety and security (See Dvorske).[44] Other courts have ruled in favor of inmates, thereby creating a dynamic, unpredictable atmosphere in the world of religion in prison.
Numerous RLUIPA cases are wending their way through the federal system. Many cases are resolved at the district court level on motions for summary judgment. However, as the Fifth Circuit noted in Mayfield v. Texas Department of Criminal Justice,[45] deferring to the expertise of prison officials "does not mandate summary judgment in favor of prison regulators in all cases."[46] Other cases are decided on the merits and then appealed with different results in different Circuits. Until more cases are determined on the merits and splits between the Circuits are resolved, RLUIPA uncertainty will continue. Practitioners are well-advised to check the most current cases pertaining to the issue at hand, even to the day of trial.
Defining Religion
The threshold question in all First Amendment and RLUIPA cases is whether religion is at issue. If the rights being infringed are not "religious," neither the First Amendment nor RLUIPA come into play (see Ritter).[47] For example, when the inmate in Doty v. Lewis[48] claimed his religion, The Jack Daniels Faith, required him to consume a fifth of whiskey every week, the court was quick to throw out the case. While the inmate's claim is humorous, the question remains: How do courts decide whether an inmate's claim is religious and therefore protected?
In determining whether an inmate's claim involves religion, courts generally do not evaluate the truth, plausibility or validity of the beliefs at issue. Rather, as the Supreme Court noted in Peterson v. Wilbur Communications Inc,[49] courts are called to look at whether the belief functions as religion in the individual's life; is the belief "sincerely held?" Indeed, to be protected as religious, a belief does not have to include faith in a Supreme Being or an afterlife, and atheism has been recognized as a religion. In Kaufman v. McCaughtry,[50] the Seventh Circuit noted at p. 10 that the touchstone of the Establishment Clause is "the principle that the First Amendment mandates government neutrality between religion and religion, and between religion and non-religion." Following this reasoning, the court held an inmate's First Amendment right to practice his religion was violated when Wisconsin prison officials refused to allow him to form an inmate group to study and discuss atheism.
In his concurring opinion in Malnak v. Yogi,[51] Judge Adams set out three indicia of religion. While these guidelines have not been adopted by the Supreme Court, five Circuits have adopted them as helpful in determining whether a claim is religious and therefore entitled to protection. Judge Adams suggested that courts look at (i) the "nature" of the ideas involved (i.e., the meaning of life, moral issues of right and wrong, humans' role in the universe, and similar ultimate questions), (ii) the "comprehensiveness" of the beliefs (i.e., a single topic will not suffice, the beliefs must be broader in scope), and (iii) whether there are "external signs" involved similar to those found in accepted religions (e.g., ceremonies, holidays, and special texts).
The Tenth Circuit Court of Appeals has adopted the Malnak guidelines. In addition, in United States v. Meyers,[52] the Tenth Circuit developed an extensive list of additional indicia of religion. In denying an inmate's RFRA claim that he should be recognized as a minister in the Church of Marijuana, the court listed five factors, and numerous sub-factors to be considered. In addition to the Malnak indicia, these factors include whether the putative religion has a key founder, holidays, special rituals, diet and clothing.
Policies and Procedures
To guide prison administrators through the legal complexities of inmates' religious rights, administrative policies and procedures are promulgated. The statutory authorization for these policies and procedures in Tennessee is Tenn. Code Ann. 4-3-601, et seq. Pursuant to that authority the Commissioner of Correction has established Policy # 118.01, pertaining to inmate religious programs. A copy of this policy may be found at www.state.tn.us/correction/pdf/118-01.pdf. Practitioners are well-advised to become familiar with this policy, and with institution-specific policies and procedures promulgated by the wardens in each of the sixteen prisons across Tennessee.
Faith-Based Organizations
In January 2001 President George W. Bush established the White House Office on Faith-Based and Community Initiatives, the purpose of which was to help religious organizations to receive government contracts and funding. The previous year Congress had passed RLUIPA, the purpose of which was to enhance the right of prison inmates to exercise their religious faith. A result of these two events was the reemergence and revitalization of faith-based groups working in prisons. Prison Fellowship, founded by Chuck Colson in 1976, was a leader in the development of new faith-based prison programs and initiatives.[53]
Faith-based programs in public prisons have been the subject of some criticism. Critics question whether these programs, which are frequently oriented toward conservative Christianity, violate the Establishment Clause. A recent case dealing with this issue is Americans United for Church and State v. Prison Fellowship Ministries.[54] The District Court found the State of Iowa had violated the Establishment Clause because of the excessive entanglement of government in religion and ordered Prison Fellowship to repay $1,529,182.70 to the State. The payments had been received by Prison Fellowship for running a Christian-based prerelease program called Inner Change in an Iowa prison. On appeal, the Eighth Circuit affirmed the finding of unconstitutional entanglement of religion and government, and provided guidelines for future programs to avoid such entanglement, but reversed the order to repay the funds.[55]
Things are in flux. Thanks to RLUIPA and the explosion in the inmate population, in terms of size and diversity, religion in prisons in Tennessee and across the nation has never been more dynamic or uncertain.
Many in prison and out call for clarity and simplicity in the laws and policies regulating religious practices by prison inmates. The author agrees. These laws should be written clearly and simply. Unfortunately, the subject matter does not lend itself to simple answers and crystal clarity. The concepts of faith, sincerity of belief, and religious practice are simply too difficult to define. They are too subjective and personal.
Religion in prison is a complex issue which is becoming more complex. Those working in this area are encouraged to become comfortable with uncertainty and change. The simplicity of the past is gone, and won't likely be seen again.
1. Schmalleger, Frank & Smykla, John Ortiz (2007), Corrections in the 21st Century. New York, NY: McGraw-Hill.
2. Clear, Todd R., Hardyman, Patricia L., Stout, Bruce, Lucken, Karol & Dammer, Harry R. (2000), "The value of religion in prison," Journal of Contemporary Criminal Justice, 16, 1.
3. Warren, Jennifer, principal author (2008). "One in a hundred: behind bars in America," The Pew Center on the States. www.pewcenteronthestates.org, downloaded March 2, 2008.
5. 42 U.S.C. 2000 bb, et seq.
6. 221. F. Supp. 2d 827 (S.D. Ohio 2001)
7. Pub. L. No. 104-134 (codified as amended in scattered titles and sections of the U.S.C.)
9. 117 S. Ct. 2157 (1997).
11. 500 F.3d 1214 (10th Cir. 2007).
13. 221 F. Supp. 2d 827 (2001).
14. Cutter v. Wilkinson, 349 F.3d 257 (2003).
15. Cutter v. Wilkinson, 544 U.S. 709 (2005).
16. Cutter v. Wilkinson, 423 F.3d 579 (2005).
18. Id at 721.
19. Id at 716.
20. Id at 716.
21. Id at 723.
22. Id at 722.
23. Id at 726.
24. Id at 719.
25. Id at 722.
26. 393 F.3d 559, 569-570 (5th Cir. 2004).
27. 497 F.3d 272 (3rd Cir. 2007).
28. No. 06-50490 (5th Cir. 2008).
29. 393 F.3d 559 (5th Cir. 2004).
31. 479 F.Supp.2d 569 (2006).
32. 518 F.3d 1152 (2008).
34. 513 F.3d 982, 989 (9th Cir. 2008).
35. 433 F.3d 1083 (8th Cir. 2006).
36. 471 F.3d 666 (6th Cir. 2006).
37. Id at 673.
38. 42 U.S.C. 2000cc-2(a).
39. 536 F. Supp. 2d 1110, 1126 (D.S.D. 2008).
40. No. 06-50490 (5th Cir. 2008).
42. 479 F. Supp. 2d 569, 598 (2006).
43. No. 06-50490 (5th Cir. 2008).
44. Dvorske, John J., "Validity, construction and operation of religious land use and institutionalized persons act of 2000," 18 A.L.R. Fed. 247.
45. No. 06-50490 (5th Cir. 2008).
46. Id at 15.
47. Ritter, Jane M. (2004), "The legal definition of religion: from eating cat food to white supremacy," Touro Law Review, 20, 751.
48. 995 F. Supp. 1081, 1085 (D. Ariz. 1998).
50. 419 F. 3d 678 (7th Cir 2005).
51. 592 F.2d 197 (3rd Cir. 1979).
52. 95 F. 3d 1475 (10th Cir. 1996).
53. Johnson, Byron R. (2002), "Assessing the impact of religious programs and prison industry on recidivism: an exploratory study. Texas Journal of Corrections," 7-11, Feb. 2002.
54. 432 F. Supp 2d 862 (2006).
55. No. 06-2741 (submitted February 13, 2007 and filed Dec. 3, 2007).
RONALD G. TURNER is the director of religious Services for the Tennessee Department of Correction. He graduated from Vanderbilt Law School in 1973 and practiced law in Nashville for more than 20 years. From 2000 to 2007 he was as an assistant professor of criminal justice at Cumberland University in Lebanon. In 2008 he received his Ph.D. in public administration from Tennessee State University where his dissertation was on religion in prison. He holds a masters of theological studies from Vanderbilt Divinity School and a masters in organizational management from Trevecca Nazarene University. This article is derived from written materials prepared for his TennBarU Web presentation on July 30, 2008.| TBA Law Blog


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|07 Aug 2012
Windows 7 Professional 64 bit (and Linux Mint)
Invoking the hidden Aministrator account - Dire warnings
Not a question, just an observation. It may help other frustrated Windows users out there.
I went from Windows98SE to XP-Home-32bit purely because I thought I was getting too far behind - 98SE had served me well, and I doff my cap to a superb Operating System. My move to Windows 7 64bit, though, was calculated in that I was aware that a 32-bit system could not use all of my 4 Gig memory. (I still dual boot XP/7 because 7 can't install some older progs that I still like and use.)
The changes in terms of user experience was in my eyes minimal - they aren't that different, and certainly not different enough to qualify as separate Operating Systems; they are just upgrades, but charged for as new. I was fortunate to miss Vista on my own machines, but I did encounter it on others', and my oh my.
Anyway, the biggest real difference (not just visuals) was User Access Control (UAC). In 7 I continually received messages telling me I couldn't do this or that because I didn't have the right privileges or permissions, which drove me crazy. I then learned about the hidden Administrator account. But every post relating to that warned that it was ONLY for emergencies, and warned of dire consequences should it be invoked, and best not use it at all. Just fuss, nonsense, kerfuffle, and panic-mongering.
Thing is, I had full control of everything in 95, 98, 98SE, and XP, and nothing died. So I invoked the Administrator account. After two days of nothing going wrong, and no refusals (joy), I deleted the original User Account, and now use only the Admistrator account, and without a password required at boot, either, as I'm the only person using my machine. It's been about 9 months now, and guess what, no problems at all. I have not blown up my computer nor caused it to crash regularly or even occasionally. Just back where I used to be, in control without the anger and frustration.
Ignore what anyone says to you about this control nonsense. Invoke the Administrator account, use it as your primary Logon, and get back your sanity, and your control of the thing you own - the computer, and make it do what YOU tell IT to do and not the other way around.
Even if you are a newbie it's just fascist to have UAC. I was a newbie once, and I never damaged my system, not once ever. If you do mess up, then simply reinstall, and don't do that wrong thing again. It's called learning and experience. You are never going to learn if you are not allowed to make mistakes.
I cannot without using the very foulest language I know to make you understand how deeply angry being told I was not allowed to do something (on a computer that I owned) made me. Livid, furious, spitting, vitriolic, murderous. My keyboard is a Dell, and, respect, because it has had to endure some serious finger punching that could snap steel girders.
Now, just calm as can be. I can do what I want, and can even override all the condescending warning messages - it still complains, occasionally, such as when I do stuff in the Registry, but then always does what I tell it to do. So much lighter of heart.
Take control back, ditch UAC. Invoke the hidden Adminstrator account and use it only.
If anyone answers this, they will probably issue the same dire, bleak warnings - ignore them, they just want to control you, and make you believe they know freedom better.
|My System Specs
|07 Aug 2012
64-bit Windows 10 Pro
Hello Bob,
I believe that you have a misunderstanding of what the purpose of UAC is, and the built-in elevated "Administrator" account. They are actually designed to give you more control over your computer and security.
You will be placing your computer at a higher security risk by disabling UAC and always using the built-in elevated "Administrator account".
UAC doesn't prevent you from doing anything. It only asks you to provide your (administrator's) permission before allowing something to run elevated (run as administrator) and have full unrestricted access to everything on your computer. UAC can be quite helpful if something (ex: malware) tried to run elevated in the background without you knowing about it. If UAC is turned on to the top level of "Always notify", you will always know when something tries to run elevated. After all, what is just a second to click on Yes to allow it if you like, versus not having this bit of extra security. If you like, you can do some reading about UAC at the links below:
Nothing prevents you from doing what you like in a normal administrator account either. If you are denied access, then it usually just means that it's a protected system file to prevent anything (ex: malware) from modifying it since it is critical to the operation of Windows. Other than using the built-in "Administrator" account, you could just take ownership and grant yourself (the administrator) permission to access it.
|My System Specs
|08 Aug 2012
Windows 7 x64 SP1
As Brink has said what we do is for us alone and I would not advocate simply on my own experiences. I have found that just using a normal admin account with UAC disabled has been enough for me and I too have had no problems over a considerable period. It probably is down to what you do with your system more than anything else so why take risks if you don't have to. I agree with Bob though and his reasons are exactly why I run my system as I do.
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subset: commoncrawl


text:
Denver police chief Tom Sanchez was nowhere to be seen in footage of the February 8 news conference where Mayor Wellington Webb officially handed him his hat and showed him the door -- but he'd gotten plenty of television face time just a couple of days earlier.
Not that he necessarily enjoyed it.
Yep, Sanchez had been the star of the show during Channel 4's newscasts on February 6, which was, conveniently, the beginning of 2000's first ratings, or sweeps, month. In a package by reporter Brian Maass, Sanchez was seen moving through Denver International Airport a day earlier alongside several high-ranking Denver police officials (division chiefs Gerry Whitman and Mary Beth Klee and deputy chief David Abrams) and a gaggle of family members eager to board a plane that would jet them to sunny Hawaii for five fabulous, fun-filled days.
There was a business reason for this jaunt, of course: specifically, a meeting of the Major Cities Police Chiefs Association that was to begin Monday. But the conference only lasted three days, leaving two more for pleasure -- and nothing could be more pleasurable than spending the better part of a February week in America's vacation paradise. The timing may have seemed a little suspect: After all, Sanchez and company were departing one short day after DPD officer Joseph Bini was charged with providing false information to obtain a particularly unfortunate search warrant -- one that resulted in a no-knock raid at the wrong house last September in which an innocent man, Ismael Mena, was killed. But the trip had been on the schedule for ages. It would be foolish to cancel the whole shebang for the sake of appearances. Wouldn't it?
Wrong. The morning after Maass's story, a banner headline reading "Chief Off to Hawaii" jumped from the cover of the Rocky Mountain News, and things got worse after that, with the other local TV stations and talk-radio yakkers like the Denver cops' favorite whipping boy, Peter Boyles, pouring lighter fluid on the blaze. In an attempt to control the heat, the Webb administration called Sanchez home on February 7, and by the following evening, the chief was toast. The mayor insisted, amid overwhelming evidence suggesting otherwise, that the Hawaii excursion was not a factor in his decision, and he studiously avoided using a certain F-word in his remarks at the February 8 news conference. But the News was under no such constraints. "Sanchez Fired," its front page screamed.
Almost immediately after the chief's sentence was announced, city officials began to insinuate that the press had put a hit out on Sanchez. Regarding Maass's report, Denver manager of safety Butch Montoya, whom critics such as city councilman Ted Hackworth would like to see disapppeared as well, was quoted in the News as saying, "I didn't anticipate that there would be hidden cameras at DIA that would create a sinister atmosphere" -- a remark that might have carried more weight had Montoya not been the former news director at Channel 9, where he oversaw more hidden-camera extravaganzas than Allen Funt (remember Paula Woodward's mid-'90s exposé of alleged slackers at the city's department of public works?). Andrew Hudson, the mayor's spokesman, shares some of Montoya's opinions and expresses himself so passionately that he almost seems to be blaming the press for making Webb fire Sanchez. "I think there are certain reporters who are putting Chief Sanchez's head as a trophy above their mantle," he says.
Local journalists see such characterizations as missing the point. Many of those contacted by Westword (some speaking anonymously, others using their names) believe the bad publicity that dogged Sanchez throughout his eighteen months as chief was exacerbated by his inability to communicate effectively with the media and, by extension, the citizenry at large. Furthermore, they think that the department as a whole, which has never been regarded as an open book, screwed on the lid even tighter during Sanchez's watch, restricting information and access in ways that often resulted in mistrust, bad feelings and, perhaps, more negative stories than there might have been otherwise. Finally, they argue that the current department seems clueless when it comes to public relations. Considering all that, they imply, the person most responsible for what happened to Tom Sanchez was...Tom Sanchez.
Even Sanchez's supporters concede that he was not particularly smooth when confronted with cameras and microphones. According to Detective Virginia Lopez, one of the department's three public information officers, or PIOs, "The chief was more oriented toward going out there, getting the job done and doing it right. He thought that was more important than trying to smile and shake hands when people have shown that they'll be your friends when things are going right but they'll turn on you when they go wrong."
This standoffishness was even more obvious when contrasted with the manner of Sanchez's predecessor, Dave Michaud, who was widely viewed as likable and accessible. "Chief Sanchez wasn't a really open, media-type person like Chief Michaud was," notes John Wyckoff, who'd been a PIO for a dozen years prior to his transfer to another departmental post in March 1999. (He's currently the spokesman for the Denver Police Protective Association, which sometimes finds itself in an adversarial relationship with police administration.) "And no chief will be successful if they don't cooperate and make themselves available to the media."
Observations about Sanchez's accessibility vary; some reporters say he was good about returning calls and sitting for interviews, while others complain that he was terse and difficult to reach. But nearly all of these observers believe that Sanchez simply didn't like dealing with the press and tried to keep his contact with its representatives to a minimum. In Wyckoff's mind, that was a problem. "Some people have been saying that there have been coverups in this department. Now, I don't believe the Denver Police Department has ever participated in such a thing. But I think when you're not willing to participate in the debate or address concerns, you leave that perception available to anyone who wants to talk about it. And if it's left unaddressed, perception becomes reality."
The PIOs come in for their share of complaints as well. Some of the gripes are rooted in procedure. For instance, the department's on-call PIO changes on a weekly basis, and officers don't carry over assignments from week to week -- meaning that someone well-versed in a big event that broke on his or her watch may be handing off to a colleague not yet up to speed. Plus, Denver police PIOs aren't directly available 24 hours a day, unlike many of their peers in other public agencies throughout the metro area (after 9:30 p.m., inquiries must come through police dispatch), and they rarely provide reporters with the sort of good-news items that might go a long way toward improving the department's reputation.
"The one thing I've never seen the Denver police do is sell themselves. It's just react to questions and go from there," says the News's Lynn Bartels, a longtime police reporter now on the legislative beat. "They never call up and say, 'Here's a great story: Some kid saved up all year for a bike, but it got stolen, and the cop who took the report felt so bad about it that he and the rest of the cops in the division bought the kid a bike.' There are a lot of good people out there busting their butts and going above and beyond, and they'll tell us, 'It makes us angry that you never write about the good things.' Well, you can't write about them if you don't hear about them."
Several reporters add that getting in touch with Sanchez's PIOs was more difficult than it had been to contact previous PIOs like Wyckoff and Dennis Cribari, who recently left the force under an especially dark cloud (he resigned last July after 25 years in uniform upon being charged with multiple counts of felony sex assault on a child). These critics also believe that the information dispensed by the latest batch of PIOs was more limited -- and while PIO Lopez disagrees with the former charge, she admits that "we're very restricted about the information we're given and the information we're allowed to give out." Since, as Lopez says, "all information should be coming out of our office," reporters are left with a choice: They can either cobble together an article based on sketchy, officially sanctioned details also in the hands of their competitors, or unearth more data elsewhere. "So," says Lopez, "they try to back-door with various individuals in the department to get more information. But some of that information isn't solid factually, and by leaking it to the media, they're actually doing an injustice to the department."
Webb spokesman Hudson seconds that emotion: "People who leak stories feel a great deal of power when they see something that they've been able to share with a reporter end up on TV or in the paper. But inevitably, it ends up hurting the public's perception of the police department, because a lot of times reporters will develop their premise without any objectivity if they think they've got a juicy story."
Sometimes, though, they wind up with a juicy story that's legitimate in every way -- and Denver Post editor Glenn Guzzo suspects that many scoops of this type are uncovered precisely because government agencies aren't as cooperative as they should be. "It's an irony, isn't it?" he says. "The smartest PR people have always seen their roles as facilitating access, and reporters see those who don't as being in the way. That increases the aggressiveness of the reporters, who figure they need to do more work to get information -- and the more work they do, the more things they stumble across, and the more likely it is that the media is going to wind up with more information than they would have wound up with initially. This escapes a good many folks in public relations."
Guzzo's scenario doesn't explain every police controversy that cropped up under Sanchez's reign; investigative journalism à la Bob Woodward and Carl Bernstein wasn't necessary to spotlight police behavior during the post-Super Bowl riot in late January 1999 and the CU-CSU game in September, or the televised beating of suspects who led cops on a car chase in August. But the ugly details behind the fatal shooting of Ismael Mena were kept under wraps for months (it took a November story by -- guess who -- Channel 4's Maass to bring the case before the public), and once it got out, the department's delay in dealing with the situation only compounded the damage. The same can be said about the handling of reports about Ellis Johnson, who'd been accepted as a Denver Police Academy recruit despite a history of drug use that made the characters in Superfly seem like Nancy Reagan by comparison. Sanchez, it turned out, had actually opposed welcoming Johnson into the fold; safety manager Montoya was his principal champion. But because the Johnson matter came in the wake of the Mena revelations, Sanchez was dragged into the muck along with the department as a whole.
More bad blood between Denver police and the press arose over new restrictions that were put in place on January 1 at police headquarters, 1331 Cherokee Street. Prior to that time, reporters who presented a press credential at the front desk would be given a badge that allowed them access to most other places in the building, including the records department. But late last year, members of the media were called to a meeting with police representatives at which a change in policy was announced. From that point on, reporters were told, they'd have to request specific records that would then be brought to the first floor for perusal; moreover, any journalist wishing to meet with someone elsewhere in the building would have to be escorted there.
The News's John Ensslin, a veteran police reporter now handling general-assignment chores, was especially upset by this shift. Chief Michaud had instituted a similar regulation several years ago, Ensslin recalls, but when he and the Post's Marilyn Robinson (who declined to be interviewed for this column) complained about it, Michaud issued them special credentials -- and within days, the rule was scrapped entirely, in large part because it required too much nursemaiding on the part of the PIOs. In the years that followed, Ensslin was reminded on a regular basis why wider access to the building was important.
"Some of my best stories were things that came out of chance encounters," he says. "I'd run into someone in the elevator, and they'd say, 'You ought to do a story on the good work someone did on a hostage situation,' or something like that." There were benefits to the department as well, he allows: "It's to their advantage to build relationships with reporters covering the beat. Just to see them every day and talk about what you wrote the day before is a way to keep people honest. When you write about somebody you know you're going to look in the eye the next day, I think that's a good thing, as opposed to covering things from a desk with a telephone, which, unfortunately, is what this policy forces us into."
Ensslin's line of reasoning was widely embraced by his fellow reporters at the meeting, and when he proposed that the department issue press credentials that could be revoked at any time as a way to guarantee good behavior, department reps seemed interested and promised to consider the idea. But weeks later, reporters received a memo informing them that the more restrictive policy would be instituted anyway.
The decision was made for security reasons, Lopez says. "There was a case where a reporter walked into a homicide unit with a cameraman -- and there are boards there that list witnesses to homicides with addresses and phone numbers. That's the kind of thing these new rules are designed to prevent."
Whether that incident happened quite the way Lopez describes is another question. The reporter was Channel 9's Ginger Delgado, who pins the responsibility for her unexpected visit to homicide on a desk officer who, when she showed up for a scheduled meeting with a sergeant, personally escorted her into an off-limits area. "I've taken a lot of grief from a lot of reporters who've said, 'What did you do?'" Delgado acknowledges. "And I tell them, 'I didn't do anything. I didn't barge in without permission. I would never do that.' The whole thing was over a policy issue that one officer didn't know about, but they've used it as an excuse to make it harder for everyone."
Reporters' resentment at having to be walked around like disobedient children is mirrored by Hudson's irritation over Maass's February 6 Sanchez-at-DIA report, as well as Maass's behavior afterward. "The first question out of his mouth at the press conference the other day was, 'Is he being let go as a result of my story about him in Hawaii?'" Hudson says. "And let's face it, this story had all the elements that TV stations are looking for in a sweeps story. It had the scandal over the no-knock raid, and it had their description of this supposed junket to Hawaii, which they set out to make look as sinister and devious as they could. You can't tell me the only shots they could get were these grainy, fuzzy pictures of them getting on the plane at DIA. That was intentional, and there's no one who can convince me otherwise."
At first Maass doesn't even try to disabuse Hudson of these notions. "Andrew's got a good point," he declares as facetiously as possible. "Originally, that conference was going to be in July, when it wasn't in sweeps, but I phoned in a bomb threat, and I block-booked every room in Hawaii except for in February. So he's completely right about that. Guilty as charged."
But subsequently, and more seriously, he attempts to refute these contentions point by point. Although he says he did ask about the Hawaii trip at the news conference, he never used the words "my story" -- not that he needed to. As for the videotape from DIA, it was shot using a standard VHS camcorder that was in plain view of Sanchez ("They want to make it sound like I had a camera in my necktie," he says). Maass concedes that various people in the video were subsequently highlighted, but he denies that the motives for doing so were nefarious. "I hate to pop anyone's bubble, but most of the public doesn't know who the division chiefs are. And by highlighting them, the other thing we accomplished was to draw attention away from their families, who were traveling with them. I think that was a very sensitive thing to do."
Apparently, Sanchez wasn't overwhelmed by gratitude for this gesture. After his return to Denver, he refused to be interviewed by Maass or anyone else at Channel 4. When Channel 4 news director Angie Kucharski complained about this to Hudson, he told her that Maass could have interviewed Sanchez at the airport. But that wouldn't have been the right thing to do, Kucharski says: "At that point in our fact-gathering, our objective was simply to gather information and not necessarily do anything that would alter or change the course of action in the story."
The focus of the tale now is on the selection of Sanchez's replacement, which is expected next week. Political maneuvering within the police department is already at a fever pitch. "We're getting anonymous memos, anonymous phone calls about this candidate or that candidate and something or other they're allegedly involved in," Hudson says. "It's just really, really sad."
Predictably, Hudson won't say who the mayor favors. But he hopes the winner has an abundance of the communication skills that Sanchez lacked. "You have to be able to effectively, proactively promote your organization," he says. "You've got to be able to tell the good stories and have relationships with members of the press that help you do it. And if you can provide accurate information and be as up front as you can with reporters, you can avoid a lot of the rumors and speculations and negative stories. That's just common sense."
Former PIO Wyckoff says that Mayor Webb's use of these techniques is a big reason he has survived so long and so well in this town: "The mayor realizes that there has to be give and take with the media, and he knows you can't close down those doors of communication." Good timing doesn't hurt, either. On February 14, when the news broke that two Columbine students had been shot to death at a Subway restaurant just blocks from the school, Webb already had a press event planned for that afternoon decrying "the death toll" of gun violence since the Columbine massacre.
The local media seems to prefer such savvy over cold shoulders. To a person, the journalists contacted by Westword said that they didn't want to have an adversarial relationship with the Denver Police Department -- but neither do they want to make do with the bare scraps of information they've been handed of late.
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"There are a lot of things the mayor is going to want in a police chief," says the News's Ensslin, "and I hope one of them is that whoever it is will be able to communicate well. It's not the most important thing, but it is important."
Adds Wyckoff, "The only way people can hear about all the good things we do is through the media. And when you shut off communications, it's kind of like driving a nail in your own coffin."
Have comments, tips or complaints about the media? E-mail "The Message" at firstname.lastname@example.com.


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Sonim XP5300 Force 3G Specifications
Size126 x 60 x 25 mm
Weight185 g
Screen240 x 320 px, 65K colors
Networks850 / 900 / 1800 / 1900
Camera2 Megapixels
MP3 PlayerYes
Memory CardSD
Java SupportYes
Radio SupportYes
Date AddedOctober 27th, 2011
Compatible Zedge content for Sonim XP5300 Force 3G
Sonim XP5300 Force 3G wallpapers
Disclaimer: We cannot guarantee that all phone specifications are correct. All Sonim XP5300 Force 3G content is created and uploaded by the users. We cannot gurantee that all of the content and Zedge services will work 100% on your Sonim XP5300 Force 3G handset as it depends on operator and network conditions, including but not limited to, your WAP/GPRS services and data plans.


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found a new home!
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To start the adoption process please email us at ajbfcats@gmail and request a Matchmaker Questionnaire.
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Lucy, a Gilbert Russian Blue cat was adopted! Here's how you can benefit by looking at adoption as an option to buying a Russian Blue for sale in Gilbert, or seeking a Russian Blue cat from a breeder in Gilbert.


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Cisco on Cisco
IP Video Telephony Architecture Best Practices: How Cisco IT Deployed Cisco Unified Video Advantage at Employee Desktops
Cisco IT extended video-conference room capabilities to the desktop without replacing the existing video-conference room infrastructure by deploying Cisco Unified Video Advantage as a desktop video-conferencing application for all employees. Cisco Unified Video Advantage allows employees to place and receive video calls on the IP telephony network without any extra button-pushing or mouse-clicking. Conducting a video conference is as simple as making a phone call.
Benefits of desktop video conferencing include:
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IT Best Practice (PDF - 524 KB)


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Our hardware and software-capable staff will evaluate your needs and create special results.
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By Darrell Victor: With a couple of harsh dismissals and one disallowed goal from the USA/Slovenia match, referees have again managed to be the scapegoats. FIFA's referee committee at the World Cup decided that the German referee (Stark) for the Argentina/Nigeria game should have disallowed the goal. While a referee must own his mistakes, there is the cogent argument that FIFA should take some of the "credit" for the referee performances at the World Cup.
Referee selection
FIFA decided that they would give referees from all confederations a chance to do World Cup matches. The quality of refereeing across the world is not even by any means. Better officials tend to come out of Europe and South America. This is no surprise since Europe and South America have the best leagues. Therefore, the top referees from these leagues officiate in top-flight matches with crowded stadia and television scrutiny.
Officials from Mali and New Zealand are less likely to have these opportunities. Any referee could make a mistake, but what one does not want is a referee making errors because he is unaccustomed to a certain level of football and the level of skill among the world's best players. Referee selection also applies to the referees selected within confederations. Even the best confederations have some questionable FIFA officials. However, the World Cup requires the best referees with experience. Perhaps FIFA could increase the age for FIFA referees by a year or two to ensure that they have a wider pool of experienced referees from which to choose.
No additional help for match officials
Even the most anachronistic of sports (cricket) currently uses technology to improve the standard of officiating. FIFA adamantly rejected the use of goal-line technology and repeatedly refused to entertain the idea of video replays, suggesting that it would slow down the pace of the game. Sepp Blatter, FIFA's president, even suggested that referee errors and the resultant controversy provide a talking point. He might have a point, as many football fans can recall Maradona's "hand of God."
UEFA experimented with two extra match officials during the Europa league. This might have ensured that Henry's match-winning handled-ball during the playoff against the Republic of Ireland. FIFA does not seem likely to yield to calls from former players, fans and analysts for video replays and additional help for match officials in the near future.
Advice to referees and secrecy
Football match officials are not required to explain their match decisions openly. In many instances, officials are discouraged from doing this publicly, since it would appear to undermine their competence and authority. FIFA does this behind closed doors and the performance of referees is routinely assessed. However, the FIFA referees committee might negatively influence officiating at the World Cup. They criticized W. Stark of Germany for allowing Argentina's goal against Nigeria at the 2010 World Cup because an Argentine player impeded a Nigerian defender.
In the match against the USA, Malian referee Koman Coulibaly disallowed a US goal because he likely felt that the US players were obstructing the Slovenian defenders. Replays did not support this view. If anything, it seemed as though the Slovenians were the protagonists in the penalty-area tussle. Perhaps the advice to referees to look out for such infraction made Coulibaly prejudiced in that particular situation, to the point where he disregarded the infraction by the Slovenians.
FIFA needs to do more about officiating at the highest level. Football will always have some controversy and video replays are not necessarily a universal panacea. However, FIFA's secret handling of referee errors, without admitting when officials make mistakes is not healthy for the game. When referees make major mistakes, FIFA (and referees) should at least be able to admit that. For all the aforementioned reasons, FIFA must take some discredit for the performance of referees at the World Cup.
One of the most contentious aspects of the game is the offside offence. Now, you can read a clear and comprehensive overview of the Offside Offence to understand its interpretation and application better: http://hubpages.com/hub/Soccer-offside-offences
Article Source: http://EzineArticles.com/?expert=Darrell_Victor


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FBI Investigates Coleman Decision
Thu, 31 Oct 2013 23:28:15 GMT —
FBI agents plan to investigate a case involving a decision by Boone County Prosecutor Dan Knight.
Knight recently decided not to press charges in the shooting death of Brandon Coleman, 25.
Coleman was a black Columbia man who was shot by a white man who said he was trying to protect his father. Knight released a 14-page document that said Coleman was the aggressor and aimed a gun at the shooterâ??s fatherâ??s head.
Colemanâ??s family, members of the NAACP and some members of Columbiaâ??s black community asked Department of Justice officials to look into the case to see if the shooting was a violation of Colemanâ??s civil rights. Federal officials said its standard procedure to investigate when they receive a complaint. Knight sticks by his decision and said this is not an investigation of his decision but the opening of a civil rights investigation based on a request.
Knight said, â??The shooter under the laws of the State of Missouri was acting in lawful defense of his father.â??
Members of Colemanâ??s family and NAACP leaders believe racial prejudice played a role in Knightâ??s decision.
NAACP President Mary Ratliff said, â??The police department and the prosecutor acted as a judge and jury and this not the way the judiciary system is supposed to work in this country.â??
Shortly after the shooting, Winona Coleman-Broadus told KRCG 13 that the death of her son will not be swept under the rug. Federal investigators will now decide whether to move forward with federal charges against the shooter.


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Available from Debenhams, reduced from £125 to £100.
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tagged in fashion Men's fashion pick


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403 Forbidden
NEW BRUNSWICK — The verdict in the Tyler Clementi case could be a culture-changer, in more ways than one.
From the halls of college dorms to the water coolers of the workplace, the conviction Friday of Dharun Ravi, on charges of hate crimes and invasion of privacy, is being seen as the tipping point in the age of bullying awareness, shifting the focus from schoolyard playgrounds to adult environments, according to academics and legal experts.
Ravi used his webcam to spy on Clementi, his gay roommate, within the confines of their dorm room during their first weeks at Rutgers in 2010. A few days later, Clementi jumped to his death off the George Washington Bridge.
"It's a cautionary tale," said Jenny Carroll, a professor of criminal law at Seton Hall Law School. "Behavior that used to be considered the norm, or acceptable, has become criminal."
The verdict warns us to respect people's space and their differences, she says, not just because it's the right thing but because it's criminal if we don't.
"This will be the end of the 'boys will be boys' defense," Carroll said. "That's what makes this verdict more or different than other verdicts. Every mother who is packing the kid up for college will say 'You put that webcam away. You may think it's funny, a prank, but you don't use it because I'm not going to come and bail you out of jail.' "
Part of the fascination with the Clementi trial was that most people could relate to the basic details of the case, she said. Millions of U.S. adults remember being college freshmen, struggling to find common ground with new, unfamiliar roommates and neighbors in a residence hall.
"The behavior resonated with everyone," Carroll said.
At Rutgers, a university branded by the Clementi suicide and its aftermath, officials on Friday issued a statement that might have seemed odd and unnecessary only 18 months ago.
"Freedom of expression, tolerance, the right to personal privacy and the open discussion of ideas are integral parts of any university community," the statement read. "This sad incident should make us all pause to recognize the importance of civility and mutual respect in the way we live, work and communicate with others."
The campus was a sleepy one Friday, as students and faculty were on spring break and dorms were largely empty.
Sophomore Charles Kriesel, 19, was still hanging around campus. He spotted news vans from TV stations along College Avenue and realized the Ravi verdict had been delivered.
"Freshman year, people do stupid things they wouldn't do otherwise," said Kriesel, who thought Ravi's punishment was too harsh. "If this makes them think twice in the future, that's good. People should feel safe in their school."
The effects from the Clementi case are of high interest to Robin Kowalski, a psychology professor at Clemson University in South Carolina. Kowalski, who co-authored the book "Cyber Bullying: Bullying in the Digital Age," has been researching bullying and its effects for years.
issue misunderstood
The issue, she says, is understudied and misunderstood among college students and adults.
"Cyberbullying has middle-school connotations attached to it, but it's clearly not just a middle-school phenomenon," she said. "It's very much alive on college campuses."
The connotation is so juvenile, she said, that her team has tried to rebrand cyberbullying as "cyber incivility."
Several years ago, Clemson campus leaders found themselves taken aback by the catty gossip students were spewing on JuicyCampus, a social network that has since shut down. They realized, she said, that there's more promise in educating students rather than just blocking access to problematic websites.
"We're not going to eradicate it completely," she said. "As the technology changes, so does the phenomenon."
Some effects from the Clementi case were felt long before the verdict on Friday.
In September, New Jersey's public K-12 schools ushered in the new Anti-Bullying Bill of Rights, a law that sets stricter timetables and requirements for reporting and investigating bullying cases, and calls for an increased focus on bullying prevention. For public institutions of higher education, the law requires that a policy about harassment, intimidation and bullying be included in their codes of conduct.
The law, which tightened up previous anti-bullying legislation, was under consideration before Clementi's death, but the high-profile suicide propelled it to a speedier adoption.
"The incident itself certainly was the impetus for the passage of that law," said Frank Belluscio, spokesman for the New Jersey School Boards Association.
Paul Shelly, spokesman for the New Jersey Association of State Colleges and Universities, said real changes came after Clementi's suicide.
"The colleges revamped and redoubled their efforts in anti-bullying," he said. "They changed their code of conduct of comply with the new law."
He said the verdict will have implications for reporting crimes, but it is too soon to know exactly how those procedures will be affected.
Carroll, the criminal law professor at Seton Hall, also said the implications are far-reaching for colleges.
"They have an obligation to report it, to police it, to monitor it," she said. "In that sense, it is a game-changer."
Carroll predicts the case will spark a long-term discussion about the role of criminal law in the context of bullying and harassment. Some activists pushed for the prosecution of Ravi using the bias laws, while others have criticized the prosecution's case as excessive.
"Laws that are based on good intentions are not always the best laws," Carroll said.
Still, she's unsure how the verdict will reshape the idea of hate crimes and being biased, to act with spite and ill will toward others.
"That is incredibly murky," she said.
By Peggy McGlone and Amy Brittain/The Star-Ledger
Staff writers Jeanette Rundquist and Julia Terruso contributed to this report.


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I was at my twenty-year USAFA reunion.
(2011-09-14 10:37:11)
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posted by Bruno95
Admittedly I slept well, but I was understandably preoccupied.
I did get to watch USAFA lay a rotten egg on the field against TCU. It was horrible. TCU responded to its loss to Baylor by manhandling USAFA, and the game was never in doubt.
I'll see USAFA play a second time this year, at ND. I know that transitive properties don't apply in college football; however, if ND fails to take care of business against the team I just saw roll over and play dead against TCU - if USAFA pulls off some sort of "spunky, spirited service-academy" win against ND this year - I'll draw conclusions anyway.
BTW, the reunion was fantastic.
The contents of this post represent the views of the author. NDNation.com is not responsible for its contents.


text:
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text:
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text:
National Briefing | Washington: Ex-Staff Member To Plead Guilty In Lobbyist Case
Published: April 24, 2007
A former Congressional staff member, Mark Zachares, will plead guilty today to accepting $40,000 in money and tickets to sporting events and concerts in exchange for helping the lobbyist Jack Abramoff, Mr. Zachares's lawyer said. Mr. Abramoff and his lobbying team supplied Mr. Zachares with tickets on about 40 occasions from August 2002 to February 2004, says a 10-page document filed in the case. The document also said Mr. Zachares received $10,000 in wire transfers from Mr. Abramoff in January and February 2002 through a nonprofit foundation the lobbyist controlled.


text: Dave Matthews out for a stroll with his children in New York City on Thursday (June 27). The singer dressed casual in a green shirt, dark khakis and runners while carrying son, August Oliver, on his shoulders. His twin girls, Stella Busina and Grace Anne walked behind. … [Read more...]


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text: I have a prism finder for the Kiev 60 that doesn't get used anymore and I would like to trade it for about $25 US dollar's worth of fresh color or black & white negative film in either 35mm, 120, or 4x5. I would also sell it for $25 plus shipping if it's easier but thought it might be more fun to trade. Prism is in excellent shape. I haven't had a Kiev 60 for several years but it worked fine the last time I tried it. Trade / Sale is for "as is" condition. Thanks for looking!


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Railways were introduced in India in 1853 and as their development progressed through to the twentieth century, several company managed systems grew up.To enforce standardisation and co-ordination amongst various railway systems, the Indian Railway Conference Association(IRCA) was set up in 1903, followed by the Central Standards Office (CSO) in 1930, for preparation of designs, standards and specifications. However, till independence, most of the designs and manufacture of railway equipments was entrusted to foreign consultants. With Independence and the resultant phenomenal increase in country's industrial and economic activity, which increased the demand of rail transportation - a new organisation called Railway Testing and Research Centre (RTRC) was setup in 1952 at Lucknow, for testing and conducting appliedresearch for development of railway rolling stock, permanent way etc.
Central Standards Office (CSO) and the Railway Testing and Research Centre (RTRC) were integrated into a single unit named Research Designs and Standards Organisation (RDSO) in 1957, under Ministry of Railways at Lucknow.
The status of RDSO has been changed from an 'Attached Office' to 'Zonal Railway' since 01.01.2003.ORGANISATION
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text:
Suri Cruise Continues To Baffle Us With Her Coat Choices
Just when we thought we mastered Suri Cruise's coat game, she changed all the rules on us. The pint-sized fashionista gained fame in the past few years for braving the winter winds without any kind of jacket. She walked boldly down streets with her summer shoes and her summer dresses while everyone else around her bundled up in mock turtlenecks and fleece-lined overalls. She was a hero, a mystery and a legend. After years of worrying about her health and wellness we just accepted that she would never wear a coat.
But then, yesterday, like a snowstorm in July she did the unthinkable. She put on a coat to go outside.
However (this is where things get confusing) it was 60-70 degrees out last night in NYC. I know, I was outside, not wearing a coat. So it begs the question, why of all nights, did Suri choose to wear a coat on this night?
Was it because she was shopping at Whole Foods and didn't want to recognized by her fans?
Is that Suri Cruise? Nah, she would never wear a coat. Especially in this weather.
Or did it have to do with the fact that Grandmother Holmes was in town and she wanted to be respectful to her midwestern values?
Suri Cruise nor her manager nor her American Girl dolls have been answering my calls, so we don't have answers yet. But as soon as I crack this coat code, I'll let you know.
God knows, I won't be able to sleep until I do.
(Photo: PopSugar)


text:
Owl City's Adam Young Pens a Valentine to Taylor Swift
Electropop artist Adam Young, a.k.a. Owl City, says he's the subject of a Taylor Swift song — and has written a musical response. On his blog, Young says that he decoded the lyrics to Swift's song "Enchanted" and it was written with him in mind. Young wrote: "I couldn't put my finger on it. Why did the song feel so personal? Why was it ringing a bell?" Young says he's a huge fan of Swift and was flattered, so he's responded with a song for Swift, rewriting "Enchanted" with new lyrics.
Hear the song after the jump.


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from VainSoft Games – X360 iPod Edition
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God's iPod – God's iPod – Free Worship CDs from Chris and Jennie Orange
God's iPod – God's iPod – Free Worship CDs from Chris and Jennie Orange
from God's iPod – Free Worship CDs from Chris and Jennie Orange
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White USB Cable Power Adapter (Wall Charger Adaptor with fixed blades) for Apple iPod, iPhone, iPhone 3G, iPhone 4,Touch, Shuffle, Nano, Classic
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Video Rating: 4 / 5


text:
Jeff Kreil has been with Moorpark College since 2008 and is a Professor in Kinesiology and Health. His achievements are many, including an MS in Exercise Science; Certified Personal Training, NASM; Corrective Exercise Specialist, NASM; Performance Enhancement Specialist, NASM; Certified Group Fitness Instructor, ACE; and Certified Strength and Conditioning Coach Specialist, NSCA.
Prior to teaching at Moorpark College, Professor Kreil was a national fitness educator covering topics such as nutrition, supplementation, biomechanics, program design, anatomy, and physiology.


text: Hey! I am considering to get a Slider from Germany, but the problem is that currently its operating system is in German and it doesn't give any other choices? At the moment it runs with Honeycomb 3.0. Would anyone have an advice how the language can be changed? If upgrading of the OS would "open these doors"? or should I try MoreLocale app? Thank you very much in advance for help!


text:
London marathon champion Samuel Wanjiru and reigning World champion Catherine Ndereba will lead a quality Kenyan squad at the 12th IAAF World Championships in Athletics, Berlin 2009, Athletics Kenya announced today.
The association also named a team of 10 reserves who include World champion Luke Kibet and four time Boston Marathon champion Robert Cheruiyot.
Ndereba, who also won the World title in 2003, goes for her third world title while Wanjiru will be gunning for a global back-to-back victory in follow-up to his Beijing Olympics feat when he became Kenya's first Olympic Marathon champion.
Selina Kosgei who conquered Boston last month and Irene Limika will be other seasoned runners in the team while Wanjiru will be joined by James Kwambai, Duncan Kibet, Daniel Rono and Emmanuel Mutai.
Wanjiru who returned home on Thursday, said he was honoured to be named to the team and will resume training soon after his course record breaking victory in London last weekend where his World record breaking attempt failed mid way.
Kenyan squad -
Men: Samuel Wanjiru, James Kwambai, Duncan Kibet, Daniel Rono, Emmanuel Mutai
Women: Agnes Kiprop, Helena Loshanyang Kiprop, Irene Limika, Catherine Ndereba and Salina Kosgei
Men: Luke Kibet, Abel Kirui, Martin Lel, Robert Cheruiyot, David Kipkorir
Women: Martha Komu, Risper Jemeli, Lydia Cheromei, Edith Masai, Irene Mogaka
Peter Njenga for the IAAF


text:
You are here
Cycling criterium race held at Ault Park in Cincinnati, OH. Objective is to capture a rider in sharp focus with other riders in a trailing blur.
It was an unexpected surprise to have in sharp focus other photographers taking images with the expected cyclist in a blur.
Canon PowerShot G5 at 1/15th second with built in 3-stop ND filter.
(2 votes)
Smile For The Camera
DaveMarx | Dec 16, 2013
Views: 232
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text:
Tel:++62 361 286 283
Fax: ++62 361 286 284
U.S.A. Fax:(toll free) 1-800-506-8633
U.K. Fax: ++44-20-7000-1235
Australian Fax: ++61-2-94750419
24h: ++62 812 3819724
Born on Bali's near neighboring island of Nusa Penida in 1972, Putu Sudiana Bonuz grew up in a traditional fishing village and displaying a keen interest from an early age in painting the elaborately decorative fishing boats of his community. After graduating from his island junior high school, he moved to a senior high school specializing in art studies in Denpasar. Then, in 1995, Bonuz joined the Indonesian School of Fine Arts (ISI) in Bali.


text: The Utah Jazz finally found a way to win on the road. The Cleveland Cavaliers would like to find a way to win, period. Al Jefferson scored 25 points, Gordon Hayward added 23, and the Jazz snapped a six-game road losing streak with a 109-100 win on Monday night. Cleveland has lost six straight and four in a row at home.