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PER: Potchefstroomse Elektroniese Regsblad
versión On-line ISSN 1727-3781
PER vol.12 no.3 Potchefstroom ene. 2009
Judging under a Bill Of Rights
Ebsworth Memorial Lecture, 24 January 2007
Justice Louis TC Harms
Judge of the Supreme Court of Appeal of South Africa. Professor Extraordinarius of Mercantile Law, University of the Free State, Bloemfontein
Thank you for the invitation. It is a great honour to deliver this lecture, the second in memory of the late Dame Ann Ebsworth.1 I would also like to thank the audience for attending. Like accepting a judicial appointment, one tends to attend lectures like this out of a misplaced sense of duty.
There was some uncertainty about the date of the first lecture during the beginning of 2006 because the invited speaker, Michael Kirby, had been nominated as the Australian of the Year. To prevent a recurrence the organisers invited me. They knew that there was no chance of something similar happening to me.
My claims to fame are modest. One of them, let me state immediately, is not constitutional law. But I share something with Lord Denning: like him I ran a one-man commission of inquiry with political under- and overtones. His concerned Profumo; mine government-sponsored hit squads. Like him, I did not survive unscathed. My reputation in the words of Oscar Kokoschka died three times.
Because of the publicity surrounding the commission I was, with Mr Mandela, a runner-up as newsmaker of the year in 1990. Mr FW de Klerk won. At the time I was quite pleased with the award. Since then both of them went on to win the Nobel Prize; and I, not even a booby prize. Some years later, one Max was nominated as the newsmaker of the year. Max, since deceased, was a gorilla at the Johannesburg Zoo. That hurt.
Under these circumstances I was somewhat apprehensive about accepting the invitation. It is a daunting task for someone with my background to address this audience; more so because I have to follow on the act of Michael Kirby. It is obviously absurd to attempt to imitate or eclipse a masterpiece (Vila-Matas). Since, as Barry Unsworth would have it, the truth lay in contradiction, I thought that I was expected to counterbalance Kirby.
He spoke about women at the bar and on the bench. One matter he failed to deal with was the origin of the discrimination against them. Let me deal with the omission. It all began with Calpurnia. She was a Roman lawyer. Dissatisfied with a ruling, the classics tell us, she turned her back on the Bench and lifted her toga that was before the days of Victoria's Secrets. This led to the ban, which lasted for two millennia. Fortunately, there have been no reports of similar incidents since the removal of the ban.
Uplifting the ban did not lead to equality. For instance, it seems that the law reporters cannot come to grips with the fact that a woman could be a judge. The BAILII reports of the judgment in Mark Jones v Welsh Rugby Union refer to Dame Ann, as late as 1997, as Mr Justice!
Judging in general
Having reached the age and stage where I can and should retire I have obviously formed some views about judging.
The great bullfighter, Belmonte, was once asked to explain his method of fighting.2 He answered: "Well, I don't know! Honestly I don't. I don't know the rules, nor do I believe in them. I feel bullfighting and, without worrying about the rules, I go about it in my own way."
The same applies to judging. It is, by and large, an unconscious act. And it is not only about law; it is primarily about facts. Once you have the facts, the law tends to take care of itself. That is unless you fall for what Sir Robert Megarry called the temptation of the Law by putting forth unappealable decisions of law or, in appeal judgments, by pontificating about irrelevant legal issues.3
Judges do not choose the facts unless they are dishonest. Occasionally a judge has a choice about the applicable law. Then, one would expect, the judge would act as any reasonable person would apply the rule or interpretation that provides the fairest result.
What I intend to explore tonight is whether judging under a Bill of Rights is all that different from judging without one. If, at the end of it all, you conclude that I am an agnostic, deserving to be burnt at the stake, I shall not be surprised.
Introduction of a Bill of Rights
Until 27 April 1994 we in South Africa had a 'supreme' parliament; and the function of courts was to enforce and not to question laws. On that date an interim Constitution came into effect which on 4 February 1997 was replaced by a final Constitution how final is another issue. With this came a Bill of Rights. The Constitution is the 'supreme law' and, in its own terms, is the "cornerstone of democracy in South Africa". Importantly, law and conduct inconsistent with it is invalid, and the obligations imposed thereby must be fulfilled. It enshrines the rights of all people in the country and affirms the democratic values of human dignity, equality and freedom.
The Bill of Rights can, with justification, be described as one of the most 'liberal' in the world. Given our history and given money, precedents and input from, amongst others, Canada, Germany and Scandinavia, it could hardly have been otherwise.
No one can doubt the value of a liberal Bill of Rights. The ability to scrutinise and declare laws of parliament invalid is awesome. The capacity to develop the common law is priceless. To be able to backchat when the lawgiver speaks even coherently is something to treasure. I would never wish to live under another system again.
But sometimes too much of a good thing can cause indigestion. This the Danes now know (I am not referring to their pork but to cartoons and the freedom of expression). A constitution can be too liberal or too democratic. For example, ours recognises eleven official languages and purports to give them equal status and protection. In addition, it requires the promotion of at least 15 others. This simply does not work.
Unfortunately, the word 'liberal' is undergoing a change of meaning. It is now used, usually with a racial undertone, as a synonym for 'rightwing'.4
One reason for the distrust of liberal values may be because African societal norms differ significantly from those of northern Europe they are not inherently 'liberal' in the classical sense. The individual is less important than the community. For instance, communal property is the rule; not private ownership. In spite of what some Americans believe, a Bill of Rights designed for one community in a particular historical setting cannot, without complications, be adopted by another.5
The Constitution requires of the judiciary to advance the values of an open and democratic society. Democracy is itself the highest political end (Lord Acton) unless one shares Malcolm Muggeridge's view that an autocracy tempered by the occasional assassination is somewhat better. Democracy is supposed to mean a government by the majority that respects the rights and interests of the minority. But the term is loaded; it means whatever one wants it to mean. As George Orwell once said:6
In the case of a word like democracy, not only is there no agreed definition, but an attempt to make one is resisted from all sides. It is almost universally felt that when we call a country democratic we are praising it: consequently the defenders of every kind of regime claim that it is a democracy, and fear that they might have to stop using that word if it were tied to any one meaning. Words of this kind are often used in a consciously dishonest way. That is, the person who uses them has his own private definition, but allows his hearer to think that he means something quite different.
Maybe I should not have been surprised when reading in a judgment that pre-litigation discovery is a "fitting philosophical approach to dispute resolution in an open and democratic society". Otherwise I am not sure what the effect of 'democracy' is on the interpretation of the Bill of Rights although I am reminded of the Rumanian law professor who was asked some years ago by a student to explain why the right to freedom of expression guaranteed by its Soviet-based Constitution was not the same as the right of freedom of speech one finds in, say, the USA. Replied the professor: We may have freedom of speech; but that does not mean that we have freedom after speech. The point is that a democratic constitution does not create a democracy. During November 2006, The Economist ranked South Africa as a 'defective democracy', even less democratic than Britain.
Bills of rights are by their very nature drafted in general terms and cannot be too specific to have any permanent value. They have to cater for future generations. A bill of rights is, contrary to what Justice Scalia believes, a living organism. Ours, it has been said, is not only a formal document regulating public power but it also embodies an objective, normative value system. However, as a legal document it says some things and doesn't say others. And it sometimes employs high-sounding words containing incompatible concepts.7 This enables judges to fudge and jargon to replace principle. It also can lead to the politicisation of issues and judgments:
Constitutional cases [says Richard A Posner] in the open area are aptly regarded as 'political' because the Constitution is about politics and because cases in the open area are not susceptible of confident evaluation on the basis of professional legal norms. They can be decided only on the basis of a political judgment, and a political judgment cannot be called right or wrong by reference to legal norms 8
There is another downside. Politicians who are unwilling to make difficult or unpopular decisions are able to hide behind a bill of rights, not only when drafting it but also thereafter. For example, it is a matter of common knowledge that violent crime is endemic in South Africa 18 000 murders during 2005 and that we had the death penalty. In view of the popular support in the country for the retention of the death penalty, those who negotiated the bill of rights chose to avoid the issue. Instead, they left it to the courts to decide in the light of the relatively vague basic rights. They intentionally created what they called 'constructive ambiguities'. Now politicians can and do hide behind the judgment of the Constitutional Court, which declared it unconstitutional, if the matter is raised. And the courts and the Bill of Rights get the blame for the crime rate.
The equality provision in the Bill of Rights is, in the light of the country's history, at the forefront. Discrimination based on marital status or sexual orientation, amongst other factors, is specifically proscribed. In spite of this, government could not make up its mind how to deal with same-sex relationships. It had a few options but, because of its concern about the public acceptability of legislation, it simply sat back and waited for the Constitutional Court to tell it how to deal with the matter. When the deadline set by the Constitutional Court arrived a bill, said to comply with the Constitutional Court's prescripts, was rammed through Parliament without proper debate. Once again, responsibility for a political decision was shifted from the political arm of government where it belongs to the judicial, where it does not belong. Blame the courts, again.
Let me be clear about this: I do not favour the return to the death penalty and I do not object to the formalisation of same-sex relationships. I mention these examples to raise, without answering, the question of whether a bill of rights should reflect existing societal values or whether it should create them. The upside is that bills of rights remove the debate about basic rights from the democratic process because democracy, in the sense of majority rule, is inimical to the protection of classical liberal human rights.9
This tension between liberalism and democracy is acutely felt in judging. Add to that third generation rights such as rights to housing and the like. The Germans, as could be expected, made many thorough theoretical analyses of the issue. One writer came to the conclusion that judicial review is a practice suspended between notions of populism, progressivism, constitutionalism and democracy.10 Democracy at least is not an ism.
The power to strike down legislation has its own limitations. It may lead to chaos. For this reason the Constitutional Court uses a rule of prospective unconstitutionality: it declares laws unconstitutional from a future date. This gives rise to incongruous results because the successful litigant is in fact unsuccessful.
Another method to solve the problem caused by invalid legislation is to use interpretational devices to make the legislation compatible with the Constitution. These devices are called 'reading down', 'reading-in' and 'severance'. The effect of this is that explicit words of statutes are ignored.
As the Bard said about roses, a spade remains a spade even if called a shovel or a pitchfork. It goes further: The distinction between interpretation and legislation is fast disappearing and the separation of power, which is so fundamental to the Constitution and any bill of rights, is being eroded.
Judicial activism and judicial realism
A bill of rights does not provide any justification for courts to disregard any legal rule, statutory or common-law. On the contrary, it is the reason why courts must act within the confines of legal rules. Many judges do not understand this. One finds a bit too often that judges use the Bill of Rights as an excuse for ignoring the law. The difference between the dictatorship of the proletariat and the dictatorship of the wig and gown is one of degree and not one of substance.
When speaking about 'judicial activism' a good starting point is the warning of Lord Bingham that "[c]onstitutional dangers exist no less in too little judicial activism as in too much".11
Somewhere [said Michael Kirby in Judicial Activism] between the spectre of a lawless judge, pursuing political ideas of his or her own from the judicial seat, irrespective of the law, and the idealised mechanic of the daydreams of the strict formalists, lies a place in which real judges perform their duties; neither wholly mechanical or excessive creative.
In general, I agree because he here equates judicial activism with judicial realism and not surrealism.
The lawless judge can pursue ideas other than political ones. And the lawless judge can also have a knee-jerk reaction to issues with which the judge is besotted. It is perplexing to know of judges whose answer to any particular problem, irrespective of the facts, irrespective of the law, and irrespective of the argument, is predictable.
Two further points may be made in this regard. First, as Justice Heydon observed, many modern judges think that they can not only right every social wrong, but are also able to achieve some form of immortality in doing so.12 They disregard the 'principle of judicial modesty'. They are blissfully unaware of the fact that 75 percent of Americans know the names of two of Snow White's dwarfs but that only 25 per cent know the names of two Supreme Court giants. They write for selected newspapers and not for the law reports. It really is easy to write popular judgments; the unpopular ones require intellectual honesty.
The second point is that "the dignity of intelligence lies in recognising that it is limited; and that the universe exists outside it".13 Judicial flashing and intellectual arrogance are too often part of the judicial armoury. The tutor of Emperor Marcus Aurelius (Epictetus) argued that we must distinguish between what lies within our power and what lies outside; we must learn to master the former and accept the latter.14 Put differently, one should be the spectator of oneself always, at least a little (paraphrasing Ronald Firbank).
Courts old and new
With the adoption of a constitution as the supreme law came a constitutional court. The result was two so-called apex courts, the Constitutional Court for constitutional issues and the other, the Supreme Court of Appeal (SCA), for all other matters. Initially our court (then still called the Appellate Division or AD) could not decide constitutional matters at all. That gave rise to so many problems that its jurisdiction was extended to include constitutional matters. With that came an appeal from the one apex court to the other.
The jurisdiction of the Constitutional Court is supposed to be limited to 'constitutional issues' and 'issues related thereto'. In fact it is unlimited. Implicitly the argument is along these lines: the Constitution is the Grundnorm of all law (common or statutory); because the common law derives its authority from the Constitution all common law rules raise constitutional issues. Because statutes derive their force from the Constitution, so, too, are all statutory issues constitutional. And since these legal issues can arise only in a factual context, all factual decisions are 'related to' constitutional issues.
Judging or fudging
The common law has always provided (more or less) that everyone has the right to administrative action that is lawful, somewhat reasonable, and procedurally fair. This right has now been constitutionalised and is entrenched. Obviously, if a statute provides differently, it is invalid. Otherwise everything remains pretty much the same. Except this, one has to get used to a new vocabulary. Buzzwords such as accountability, transparency and proportionality abound. One has to write with circumlocution. Subsidiary legislation is not merely ultra vires. (Sorry, I forgot that Latin is strictly verboten.) No, one has first to refer to the principle of legality; throw in some quotes; mention that the Constitution is built on it; explain the break with the past; throw in more quotes; move to purposive construction; remember that context is everything; look at the provision through the prism of the Constitution; add further quotes; then see whether the enabling statute is compatible with the Constitution; make another analysis of the subsidiary legislation; reach for a thesaurus for adjectives and adverbs with a compassionate undertone; reach for the noter-up to pad footnotes; and so it goes on.
Verbosity is the name of the game. We have a problem with grandiosity; and we tend to embellish judgments with needless puffery (paraphrasing Posner). All this leads to 'staleness of imagery' and 'lack of precision' (again George Orwell). A prism, by the way, breaks up and bends light.
Benjamin Wittes remarked with reference to the US Supreme Court that:
The justices don't have to observe precedent, so they fudge doctrine. They don't have to describe facts accurately, so they take liberties. They don't have to restrain themselves, so they don't. And they don't have to write opinions rigorously enough to give precise guidance to the lower courts, which do not have the luxury of winging it. So they hand down opinions that sometimes leave the lower courts breathless with astonishment 15
Our common law was, and still is, Roman Dutch law, a system closely related to Scots law and suffused by natural law concepts. Bear in mind that its greatest exponent was Hugo Grotius. Our constitutional law, however, was English law.
From these two great systems we inherited a large number of basic rights including equal justice, freedom, freedom of speech, dignity, and rights such as the right to privacy and the like. These rights were not entrenched, but the judiciary always saw it as its duty to protect them to the fullest extent possible.
Roman Dutch law can adapt itself to deal with new challenges and changing conditions consistent with its inherent basic principles. This enabled higher courts on sound policy grounds to change the direction of the law because "the law must be sensitive to human development and social change" and "judges must necessarily look to the present and to the future as well as to the past". On the other hand, the public requires certainty from our law rather than doctrinal purity or juristic rightness because the law is not seamless (as an Australian judge said).
In one of the leading cases in the Constitutional Court, Sir Sidney Kentridge, who sat on that court occasionally, made two important findings. First, one should, if possible, decide cases without reference to the Constitution, and second, the Constitution did not create rights retrospectively. Taking these points seriously, our court was soon faced with the problem of the press's liability for defamation in Bogoshi. It had during 1982, in Pakendorf, held the media strictly liable for factual inaccuracies. The series of defamatory articles in issue in Bogoshi were published in the main before the advent of the interim Constitution. We could not rely on its guarantee of freedom of expression. We had, consequently, to decide whether we could, as a matter of policy, overrule Pakendorf. We then took a conscious decision to overrule it, bringing our law more or less in line with later English developments in Reynolds v Times Newspapers Ltd [1999] UKHL 45 and Jameel v Wall Street Journal Europe Sprl [2006] UKHL 44. But some who read with blinkers, although happy with the result, were upset because we did not rely on constitutional values. We did not understand, says one learned professor, 'transformative constitutionalism'. He did not understand the facts of the case.
The Pakendorf judgment is also quoted by some as proof of the fact that the SA common law was "fundamentally affected by the cancer of apartheid". The problem is that the case had no racial undertones and our court thought that it was adopting English law.
By the way, a newspaper recently referred to the Anton Piller procedure as an apartheid era procedure.16 So much for labels.
In another instance, a judge sought to create a rule about police liability "shaped by memory of that which lay at the very heart of our apartheid past". The SCA subsequently reminded him that his 'new' rule had been the law since at least 1912.
Not much different is a judgment by the SCA that decided that a 1972 judgment was right on the question of law political office bearers can sue for defamation but for good measure found that it had been wrong on the facts.
When the SCA held that a particular exemption clause or a non-variation clause was valid, according to the same professor it
denied the fundamentally political, transformational nature of the constitution and the developments that are required by its adoption as the heart of the post-apartheid legal system.
Another academic was more lyrical. The judgment he said:
could have been mapped out in an Argentinean dance hall, so much it resembles a tango. The nimble little blind dancer, Justice, manages a tentative step forward once in a while only to be brutally reversed the length of the floor by her big, brutish partner, Business. Gliding along the floor she is subjected to a repetitive monologue, condemning her hopes and dreams as naïve and out of touch with reality.
By the way, the successful party was a widow who depended on the rental income and not big, brutish business. Once again, disagree if you wish with the result, but why introduce politics into the debate. A bill of rights is supposed to be apolitical. But then, I am probably judicially challenged and judiciously impaired.
Enforcing the Constitution
Sir Hugh Laddie once remarked that "the courts are not a branch of social services whose job is to help the infirm or the unwise".17 Under a bill of rights which emphasises social rights, this is not correct. Reading judgments, legal textbooks or law reviews nowadays can be confusing because it is difficult, if not impossible, to distinguish between law and the more esoteric social sciences.
The problem is how to enforce social rights without impinging on the doctrine of separation of powers in a country where the lack of capacity (human and financial) is a serious problem and where there is not enough to go round. So far the courts have been singularly ineffective in making a difference.
A group of rail commuters was able to claim a pyrrhic victory in the Metrorail case.18 Travelling by train, in South Africa, is a dangerous venture attempted only by the audacious or the poor. Fed up, a group of commuters sought wide-ranging relief, including a declaratory order that the train operator had a statutory duty to provide proper security for passengers and that it had failed to do so in violation of a number of constitutional rights. They asked for a mandamus requiring the railways to implement certain safety measures. The main factual dispute was whether or not the steps in place were reasonable and what other steps could or should be taken. The ultimate order was once again a declaratory order, this time declaring that Metrorail had an obligation to ensure that reasonable measures are taken to provide for the security of rail commuters. Back to square one, I would have thought, and little comfort for the fourteen commuters who, during May 2006, were flung to their death from a train during a strike of security guards. Members of the pragmatic school of jurisprudence would be horrified, I suppose.
Developing the common law
There rests a duty on courts to develop the common law in accordance with constitutional demands. What this entails, though, is not quite clear. Sometimes it may seem that if the result is unpalatable this jurisdiction is relied on without defining the new rule. And it may appear that the identity of the plaintiff or that of the defendant may play a role in this regard. To illustrate the point I intend to limit myself to a comparison between two cases in the field of vicarious liability. Yes, vicarious liability may be a constitutional issue. Well, at least sometimes.
In Phoebus Apollo Aviation CC v Minister of Safety and Security19 the facts were, briefly, that Phoebus had been robbed of a very large amount of cash. The robbers buried the cash on land belonging to the father of one of the robbers. Three policemen who were not involved in the investigation of the robbery went to the premises on false pretences, in a police vehicle, and induced the father to hand over the cash. The money was never traced. The SCA held that the state was not vicariously liable for the wrongdoing of the policemen. And the Constitutional Court dismissed an appeal because the case did not raise a constitutional issue and because there was no reason, it said, why the common law should be developed so as to impose liability on the State for the conduct of its employees committed dishonestly and in pursuit of their own selfish interest. The court accepted counsel's concession that the common-law test for vicarious liability, as it stands, is consistent with the Constitution. And the court accepted that the application of this test to the facts of a particular case is not a question of law but one of fact pure and simple.
The outcome in K v Minister of Safety and Security20 was different. K, a young woman, went out for an evening with her boyfriend. They left a pub at about midnight but then had an argument and the boyfriend refused to take her home. A police car drew up; three police officers in uniform were in the car. The driver asked her where she wanted to go and offered to take her home. She got into the vehicle. They took her to a remote spot where all three raped her. They were all convicted and are serving life sentences. K sued the state for damages, claiming that the Minister was vicariously liable for the wrongdoing of the three police officers. The SCA, following Phoebus, held that the state was not liable. The Constitutional Court held otherwise because the policemen, while committing the rapes, were acting for their own purposes, but at the same time neglected to perform their duties as policemen. Significantly the Constitutional Court said that vicarious liability is a question of policy with a constitutional dimension.
I do not wish to debate the right or wrong of either judgment. I just do not know what the 'new' common-law rule is supposed to be. If one has regard to the fact the United States Supreme Court is able to hold that exhibiting the Ten Commandments in a court building is unconstitutional but not if they are exhibited in a public park one can only conclude that constitutional judgments need not be consistent.
Let me recall the fate of the famous French chemist Antoine Lavoisier, also known as the father of modern chemistry, who lost his head literally in 1794. When the guillotine blade came down an inofficious bystander, Joseph-Louis le Grange, remarked that it took Lavoisier a second or so to lose his head but it will take France a few centuries to grow another one like his. Once you mess for the sake of the revolution with a rule that works it may take a long time to put matters right again.
Amending the Constitution
Our Constitution including the Bill of Rights can, effectively, be amended with a two-third majority. And although government has never suggested an amendment to the Bill of Rights, the rest of the Constitution, which is the result of careful negotiations and which is supposed to be evolutionary and not revolutionary, is the object of regular amendment, on average twice yearly. This in itself is not necessarily a bad thing but some are concerned.
A bill of rights should, like the bell tower of Pisa, stand the test of time. Although built somewhat askew on an unstable foundation, and sagging, it should keep standing for hundreds of years, even if it requires to be propped up regularly. A bill of rights should not be like the Zimbabwe ruins: built perfectly but now in complete ruin and we do not even know who built it.
I did not come to tell you about my judgments that had a constitutional element because, as Antoine de Saint-Exupéry said, "It is harder to judge oneself and, one may add, the fruits of one's labours than to judge others". I also did not come to tell you about all the great constitutional judgments our courts have delivered. Others have done so and will no doubt do so in the future. They may sometimes create the impression that we have invented the wheel, which is not quite true. What I did come to tell you, and you have experienced it already, is that judging under a bill of rights is sometimes different from judging without one, and it has its own challenges.
A bill of rights is very much like any sacred text Bible, Koran or whatever. Any true believer appreciates it as the primary and ultimate source of law and ethics and it regulates one's life immutably. On the other hand, true believers tend to interpret such texts differently. The Calvinists find pre-destination in the same text where others find the free will. They can give rise to the philosophy of St Thomas Aquinas or the sophistry of his greatest critic, the 'subtle Scots doctor' Duns Scotius. Most find in them things not said or intended. They are open to abuse. Even the devil can cite scripture for his (or her) own purpose.
One could write a history (wrote the Nobel Prize winner FA Hayek) of the decline of the Rule of Law, the disappearance of the Rechtsstaat, in terms of the progressive introduction of vague formulae like 'fair' and 'reasonable' into legislation and jurisdiction, and of the increasing arbitrariness and uncertainty of, and the consequent disrespect for, the law and the judicature.21
But that is not what a bill of rights is supposed to do. It is supposed to remove arbitrariness, not only of legislation but also of adjudication. It is supposed to create legal certainty, not uncertainty. It is supposed to create respect for the law and the judicature, not disrespect. That it can do and usually does if we as judges respect its spirit.
And for you on the Damascene road, ready to be blinded by a bill of rights, let me recall the words of Viscount Falkland (1641):
When it is not necessary to change, it is necessary not to change.
Coming to think of it, maybe I share something else with Lord Denning, in saying things that should rather have been left unsaid.
Barker 2005 ALJ
Barker I "Judicial Activism in Australia: A perspective" 2005 79 Australian Law Journal 783-794 [ Links ]
Grayling The Heart of Things
Grayling AC The Heart of Things (Orion London 2006) [ Links ]
Hayek The Road to Serfdom
FA Hayek The Road to Serfdom (Routledge London 1944) [ Links ]
Megarry 1980 Austr LJ
Megarry R "Temptations of the Bench" 1980 Australian Law Journal 61-67 [ Links ]
Orwell Politics and the English Language
Orwell G Politics and the English Language (Horizon London 1946) [ Links ]
Posner 2005 Harv LR
Posner R "A Political Court" 2005 (119) Harvard Law Review 31-102 [ Links ]
Venter 2005 ZaöRV
Venter F "The Politics of Constitutional Adjudication" 2005 Zeitschrift für ausländisches öffentliches Recht und Völkerrecht 129-166 [ Links ]
Vila-Matas Bartleby & Co
Vila-Matas E Bartleby & Co (New Directions Barcelona 2004)
Register of legislation
Constitution of the Republic of South Africa 1996
Constitution of the Republic of South Africa 200 of 1993
Register of court cases
A v Home Secretary [2005] 2 AC 68 par [41]
Jameel v Wall Street Journal Europe Sprl [2006] UKHL 44
K v Minister of Safety and Security 2005 (3) SA 179 (SCA); 2005 (9) BCLR 835 (CC)
Merck & Co Inc v Generics (UK) Ltd [2003] EWHC 2842 (Pat)
Phoebus Apollo Aviation CC v Minister of Safety and Security 2002 (5) SA 475 (SCA); 2003 (2) SA 34 (CC)
Rail Commuters Action Group v Transnet t/a Metrorail 2005 (2) SA 359 (CC)
Reynolds v Times Newspapers Ltd [1999] UKHL 45
1 This lecture honours Dame Ann Ebsworth who died in 2002 of cancer. She was but sixty-four years of age and was the first woman to be appointed directly to the Queen's Bench Division of the High Court.
2 Vila-Matas Bartleby & Co 157.
3 Megarry 1980 Austr LJ 61.
4 According to the Financial Times of 20 July 2006, the head of the national broadcaster said that " the right, which in South Africa, is euphemistically and incorrectly referred to as liberal ".
5 There are admittedly a number of third generation rights some with compliments from India entrenched in the Bill of Rights but, as I shall show, they have produced their own problems.
6 Orwell Politics and the English Language.
7 Justice Young's phrase: (2006) 80 ALJ 148.
8 Posner 2005 Harv LR 40.
9 Hayek The Road to Serfdom argues this point well.
10 Ulrich Haltren, discussed by Venter 2005 ZaöRV 129.
11 A v Home Secretary [2005] 2 AC 68 par [41].
12 Barker 2005 ALJ 783.
13 The Baron of Teive (Fernando Pessoa's one heteronym).
14 Grayling The Heart of Things 202.
15 Quoted by Posner (n 8) 63.
16 The Citizen 14 September 2006.
17 Laddie R in Merck & Co Inc v Generics (UK) Ltd [2003] EWHC 2842 (Pat).
18 Rail Commuters Action Group v Transnet t/a Metrorail 2005 (2) SA 359 (CC).
21 Hayek (n 9) 81.


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[Vatican City, July 10. Image via Getty]
Pope Benedict XVI (C) walks with US President Barack Obama (L) and US First Lady Michelle during an audience on July 10, 2009 at The Vatican. Obama was meeting Pope Benedict XVI for the first time, with their talks expected to cover both areas of agreement such as foreign policy and those that divide them, notably abortion. AFP PHOTO / SAUL LOEB (Photo credit should read SAUL LOEB/AFP/Getty Images)


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America: An Intercultural Citizenship
Mass grave for Lakota massacre victims
[Witness To Justice]
On December 29 in 1890, up to 300 Lakota men, women and children died in what has become known as the Wounded Knee Massacre.
It was the "unforgettable story of the last major military operation by the U.S. in its long battle to subdue the native population of North America," the website of the Wounded Knee Museum says. This last significant engagement between Indians and soldiers on the North American Continent ended "nearly four centuries of warfare between westward-bound Americans and the indigenous peoples (www.nativeamericanencyclopedia.com )."
The above quotes refer to the centuries of domination and patterns of oppression and its continuing impact on the Indigenous peoples which theological rationale has been based on the doctrine of discovery.
The doctrine originates from various church documents in mid-1400s Europe to justify the right to claim the indigenous lands, territories, and resources on behalf of Christendom, and to subjugate indigenous peoples around the world. It is a concept of public international law expounded by the United States Supreme Court in a series of decisions, and continually to be cited even today.
For those that descend from the westward-bound American, some see that they have no responsibility to the current plight of Native American communities, because they are not the original oppressors. Still, some descendants acknowledge that they do benefit from the social systems that were built on the foundation of land theft from and subjugation of indigenous peoples by their ancestor-settlers. I have always wondered how all these would be made relevant to the 21st century immigrant-citizen, who as minority settlers, can both benefit from and be marginalized by the same established structures.
The U.S. have always prided ourselves as being a nation of immigrants, though at the beginning our immigration policy only preferred those from western Europe, and only free White males were considered as fit for citizenship.
Nowadays, more than 600,000 immigrants become naturalized as U.S. citizen every year. One of the requirements for naturalization is to pass a civics test on U.S. history and government. Of course, citizenship isn't about passing a civics test, as a similarly titled CNN op-ed by Peter Levine pointed out; he said for "immigrants and native-born Americans alike, civic education should be about… promoting high and diverse civic achievement."
According to Citizenship: A Very Short Introduction by Richard Bellamy (2008), there are two views of citizenship developed in western democracies: political and legal. In voting, for example, one exercises his or her political citizenship. And in the possession of the right to the rights, one lays claim to his or her legal citizenship.
I would suggest, perhaps, in daily lives we can have an intercultural view of citizenship. It is not about civic education in the abstract, but a practice of engaging our co-citizens outside of the election cycle and the immediate present.
It involves a life-long practice of learning about our neighbor-citizen, of histories and concerns of the communities different from our own: race, ethnicities, economics, abilities, sexualities, legal status.
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- Ann GarrisonFebruary 22,2018 @ 08:03 PM
I think you have "Filtered HTML" turned on here. If you switch to "Full HTML," it will probably...
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Sunday, September 13, 2009
Well, Slap Ya Mama! The Winner is....
Thanks to everybody who participated in the Slap Ya Mama giveaway! It was fun to see what recipe that each of you would like to try and at some point in the future I'm gonna borrow your suggestions and try each one of those because, well frankly, they all sounded pretty darned good!
If you didn't win and you still want to try Slap Ya Mama seasonings go to their website and order some! I really do think you'll love it - heck, y'all see how much I use it. There are some great ideas for gifts there too, so if you know somebody who loves Cajun cookin' a gift basket from there would make a terrific Christmas present. Be sure to check them out.
So, down to business ... the winner of the Slap Ya Mama gift basket is ....
Laurie over at Guessing all the Way: Tales from a Clueless Mama! Congratulations Laurie!!
Laurie is a new to me friend that I recently met and hope that we'll be seeing more of each other. She's got a great blog and hosts lots of giveaways, so be sure to visit her blog and add her as a friend! Laurie was one of the multiple tweeters (extra entries work) who I am certain also brought over a few new followers to me, and I am grateful for that - thanks Laurie! She has the sweetest Grandparents Day post up today, that is so sentimental, it brought tears to my eyes as I thought of my own parents and grandparents. Go check it out here.
Oh, and Happy Grandparents Day to all of you Grandma's and Grandpa's out there too!
Special thanks to the good folks over at Walker & Sons in Ville Platte, Louisiana for providing the Slap Ya Mama gift basket for this giveaway! I know you have some fans at this blog!
Laurie, email me at mary @ deepsouthdish dot com with your full name, mailing address and phone number asap, so that I can get your Slap Ya Mama gift basket out to you. I can't wait to hear what you think of the seasonings! Congrats to the winner!!
Leave a Comment
7 comments:
I found your site too late to enter, but I love this spice. Great prize. Will be checking back, you have a terrific looking siteReplyDelete
WOO HOO!! I am so excited. I really, really wanted to win:) I can't wait to try it. Thanks for the awesome winners post and for the great giveaway.ReplyDelete
Congrats to the Clueless one!ReplyDelete
Congrats to the winner!ReplyDelete
Congratulations to the winner:-)ReplyDelete
Thanks for stopping by my blog today and leaving such sweet comments:-)
I love love love your blog im a follower now!!!!ReplyDelete
Hi Mary! Thanks for stopping by and checking out my marital secrets. I'm following you too. great site!ReplyDelete
Thanks for taking the time to comment - I love hearing from readers and I read every single comment and try to respond to them right here on the site, so stop back by!
From time to time, anonymous restrictions and/or comment moderation may be activated due to comment spam. I also reserve the right to edit, delete or otherwise exercise total editorial discretion over any comments left on this blog. If your comment serves only to be snarky, mean-spirited or argumentative, it will be deleted. Please mind your manners.
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|life policy calculator
|With life policy calculator you can compare life insurance policies from all the best life policy calculator at a glance and find the best life insurance quotes available for a quality yet cheap life assurance cover. Whether you're looking for whole life insurance, term life insurance or over 50 life insurance we make it easy to find the cover that's right for you.
Should you buy life insurance?
The reason for buying life insurance is quite simple. Your family will receive a lump sum payment (which could also be a series of smaller payments or even a monthly income) in the event of your unexpected death, which can reduce the likelihood that an already highly-traumatic situation will not be exacerbated by financial worries.
The money can be used for a variety of useful and necessary things, such as paying off your mortgage, meeting bills and day-to-day living costs, funding your children's education and – while it sounds morbid – even to cover the cost of your own funeral.
But, before you start shopping around for the best life insurance deal, it's important to get to grips with the different types of life insurance cover available.
Further Information about life policy calculator
|Request a quote from life policy calculator >>


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March 13, 2007
LOS ANGELES - On Monday, March 12th in New York City, UCLA Anderson School of Management's Center for Finance & Investments hosted "R.O.I. '07" featuring Larry Fink ('76), chairman & CEO of BlackRock, Inc., and Stephen Schwarzman, chairman & CEO of The Blackstone Group in conversation with CNBC's Maria Bartiromo. This outstanding event was presented in association with the UCLA Anderson New York Alumni Chapter at the Museum of Television & Radio in midtown Manhattan. A full house of UCLA Anderson and UCLA alumni as well as other financial professionals attended the reception and program.
Click here to view a streaming video segment of "R.O.I. '07".
About UCLA Anderson School of Management
UCLA Anderson School of Management, established in 1935, is regarded among the very best business schools in the world. UCLA Anderson faculty are ranked #1 in "intellectual capital" by BusinessWeek and are renowned for their teaching excellence and research in advancing management thinking. Each year, UCLA Anderson provides management education to more than 1,600 students enrolled in MBA, Executive MBA, Fully-Employed MBA and doctoral programs, and to more than 2,000 professional managers through executive education programs. Combining highly selective admissions, varied and innovative learning programs, and a world-wide network of 35,000 alumni, UCLA Anderson develops and prepares global leaders.


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Hillsboro Police
Jerold Brown, 66, of Hillsboro reported the theft of a coin changer machine worth $1,800 and about $200 in quarters from Welsh Laundry between 4 p.m. Sept. 1 and 7 p.m. Sept 2. There was also about $1,000 in damage to the interior of the building.
Thomas Heflin, 61, of Hillsboro reported the theft of the head of a satellite dish valued at $100 from his residence on 400 Oak St. between 5:30 p.m. and 8 p.m. on Sept. 7.
Sheriff's department
Battery causing minor injury was reported at 7:10 p.m. Aug. 28 at La Luna in Tampa. According to the offense report, a man in his 30s was battered by two family members.


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Everything we do, we do because we believe in God's profound love for you.
You don't have to listen to a sermon to receive our help, but want you to know that the help you receive is a direct results of God's love for you and His desire to know you. No matter what has happened in your life...your are still a child of God.
If this is an emergency, please call 911
*We need your ZIP code to find services near you.
Please enter your name, email and zip code below to sign up!
Want to know about The Salvation Army's programs in Renton and how you can support the ongoing work? You've come to the right place!
The work of The Salvaiton Army depends on volunteers and we could not succeed without them. Help us help others by "Doing the Most Good"
you'll find The Salvation Army. Find out how you can help.
Salvation Army Programs are led by Salvation Army Officers. These officers are responsible to lead by assessing needs, delivering programs and directing ministries for our local community. From serving food to balancing the books, they function as the Executive Directors and the Pastors for the Renton Corps.Why the uniform?


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Create an Account - Increase your productivity, customize your experience, and engage in information you care about.
Show All Answers
To be eligible for voter registration, applicants must be a U.S. citizen, a resident of the county, 18 years of age by election day (you may register at age 17 years, 10 months), not a convicted felon (unless a person's sentence is completed including any probation or parole), and not declared mentally incompetent by a court of law. Completed voter registration applications may be submitted to the Elections Department either in-person or by mail. Completed applications must be received or clearly postmarked by the 30th day before Election Day. If the 30th day before Election Day falls on a weekend or holiday, the deadline moves forward to the next regular business day.
Texas law permits anyone who is registered to vote the option of voting early for any reason. The Elections Department establishes and staffs early voting locations throughout Ellis County. Early voting begins either 17 or 12 days prior to a scheduled election (depending on the type of election).
You are eligible to vote early by mail if you are a registered voter who is:
To vote by mail, you must first apply for a ballot. The Ellis County Elections office does not send out applications or ballots without a specific request from the voter. We must receive your application no later than the close of business 11 days before election day for both regular and FPCA applications (per H.B. 1927 law effective 9/1/2015). If the deadline falls on a weekend, the last day to submit an application is the preceding Friday. If the deadline falls on a state or federal holiday, the ballot must be received on the preceding business day. First day for the Election's Office to receive an Annual Regular or FPCA Ballot by Mail Application for each calendar year is: January 1st of each year.
FPCA Application for Ballot by Mail
Mail your application for a ballot to: OR If you choose to use a contract carrier, applications can be delivered to:
Jana Onyon – Early Voting ClerkEllis County Elections204 E. JeffersonWaxahachie, Texas 75165
Deliver your application for a ballot to: Only the applicant may submit their application in person to the Early Voting Clerk at the above address until the early voting period begins. However, after the early voting period begins for an election, the applicant may only submit their application via mail, fax, common contract carrier, or email.
Fax your application for a ballot to: Fax: (972)923-5194
Email your application for a ballot (Must be a scanned application that contains the voter's original signature)
We can accept an application in person directly from the individual voter only before early voting begins.
If you are physically unable to enter the polling place, you may ask that an election officer bring a ballot to you at the entrance of the polling place or to your car at curbside. After you mark the ballot, give it to the election officer who will put it in the ballot box. Or, at your request, a companion may hand you a ballot and deposit it for you. Tip: If you plan to go alone to vote curbside, it is wise to call ahead so election officials will expect you. Generally speaking, you may vote curbside during the early voting period (the 17th day before Election Day until the 4th day before Election Day) or on Election Day.


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Today, I've been requesting copies of vital records for some of my kin. One item I requested was my paternal grandmother's death certificate.
First off, why would I do this? It may sound morbid, but there can be a lot of rich genealogical information in this document. The death certificate will typically list the date, time, location and cause of death. In addition, it will include the name of the deceased's spouse, the names of their parents, Social Security number and place of residence. If the death was related to a medical condition, the recent history of the condition may be discussed. The name of the cemetery/funeral home that accepted the remains may be listed.
My paternal grandmother passed away in Chevy Chase, Md., in 1943. I was able to determine where her death certificate would be held by reviewing the Maryland State Archives web page about vital records. Had my relative passed away after 1968, a different state office would have held the death certificate.
For death records held by the Archives, users search a digital collection for the deceased individual. Click "Search MD Vital Records" in the top-left corner and then select the repository that will contain the record you are after. Mine was "DEPARTMENT OF HEALTH BUREAU OF VITAL STATISTICS (Death Record, Counties, Index) 1910-1951 MSA SE 7."
Clicking on that link brings you to an index broken down by date and then alphabetically. Clicking on the range pertaining to my ancestor and then narrowing down still further to the initial of her last name brought up an alphabetical list of index card images.
Each card contains the name, date of death, county, race and age of the deceased. Clicking on the index card for your ancestor brings up the form for requesting the death certificate itself. You have the option of ordering a simple copy or a certified copy.
While filling out the form, you'll be asked to enter your personal information and re-enter the information of your ancestor (as a means of verification). Unfortunately, you can't submit the form online. You must then print out the form and send it in with your payment (currently, $12 for a plain copy and $25 for a certified copy).
And then you wait. I'll report back when I receive the death certificate!


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Dr. William Atkinson reviews medical content for Healthwise, a nonprofit organization with a mission to help people make better health decisions. He has worked in public health his entire professional career, first with the Louisiana State Health Department in New Orleans, and since 1989 with the Centers for Disease Control and Prevention in Atlanta, Georgia. Dr. Atkinson is on the Medical Advisory Board for the Centers for Disease Control; serves as Liaison Member for the Immunization Action Coalition, St. Paul; and is a Commissioned Officer of the United States Public Health Service. Dr. Atkinson is the head of the National Immunization Program at the Centers for Disease Control and Prevention in Atlanta.
Education and Training
MD: University of Missouri-Kansas City, Kansas City, MO, 1977
Resident in Internal Medicine: Kern Medical Center, Bakersfield, CA, 1978–1981
Chief Medical Resident: Kern Medical Center, Bakersfield, CA, 1980–1981
Fellowship in Infectious Disease: University of California Irvine Medical Center, Irvine, CA, 1981–1983
Epidemic Intelligence Service Officer: Centers for Disease Control Division of Field Services, New Orleans, LA, 1983–1985
General Preventive Medicine Residency: School of Public Health and Tropical Medicine, Tulane University, New Orleans, LA, 1983–1986
Masters of Public Health: Epidemiology School of Public Health and Tropical Medicine, Tulane University, New Orleans, LA, 1986
Academic Appointments
Tulane University, New Orleans, LA:
- Adjunct Assistant Professor, School of Public Health and Tropical Medicine, Department of Epidemiology, 1989–present
- Graduate school faculty, 1988–1989
- Clinical Assistant Professor, School of Medicine, 1986–1989
Author: Healthwise Staff


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When is she going to show all?
Grand Bahama - Backstage
Grand Bahama - Backstage
We cap off five days of memorable natural big-tit action on Grand Bahama Island with this behind-the-scenes video featuring all the girls: Karla, Natalie, Jenna, Arianna and Taylor. It starts with Karla, Jenna, Arianna and Taylor on the beach, destroying tiny, colorful bikinis, playing in the water, bouncing, jumping and getting their boobs wet and finishes with Taylor and Arianna slapping their boobs against each other in bed and kissing us goodbye. In between, there are plenty of highlights, like Taylor giving us an ass show, Karla kissing Arianna's tits and Natalie interviewing Arianna, who gives us a brief lesson in Romanian. Of course, the girls' huge boobs come out in this video but so do their playful personalities. You just might be surprised. You'll definitely be entertained.
Related Tags
Featuring: Arianna Sinn, Jenna Valentine, Karla James, Natalie Fiore, and Taylor Steele
Date: April 19th, 2010
Duration: 50


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Ananui Falls Tramp
The track follows alongside the Waitengaue Stream, traveling up the valley to the top of the Ananui Falls.
Time: 4 hr return
Distance: 10 km
Type: Tramping Track
This exciting track goes to the top of the falls. Accompanied by an alternative 'All weather' track for when the stream is impassable due to floods.
For more information check out


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G3ict PhoneGap accessibility white paper
G3ict, in collaboration with Adobe Accessibility, presents a free white paper on PhoneGap accessibility. This 10-page introduction covers the state of mobile app accessibility, the advantages inherent to PhoneGap's approach in creating accessible cross-platform mobile apps, and Adobe's motivation to create a PhoneGap accessibility plugin that bridges the gap between web accessibility and native mobile accessibility APIs.
If you're looking for a high-level introduction on what makes PhoneGap a good platform for building accessible mobile apps, this is it.
The PhoneGap Mobile Accessibility repository on Github is also available for PhoneGap developers who are interested in implementing more advanced accessibility support in their apps. (TL;DR PhoneGap apps by default benefit from good web accessibility practices, but the accessibility plugin gives developers access to native accessibility APIs, such as whether high contrast is on, or the user has selected a preferred text size.)


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Candy Drops - Cherry
YiLo Candy Drops - Cherry
Contains 100mg CBD per package (10 mg per serving).
Made in the USA
YiLo Candy Drops - Cherry
Contains 100mg CBD per package (10 mg per serving).
What is CBD?
Cannabidiol (abbreviated as: CBD) is one of at least 113 active cannabinoids identified in cannabis. It is a major phytocannabinoid, accounting for up to 40% of the plant's extract. CBD does not appear to have any psychoactive effects such as those caused by tetrahydrocannabinol (THC), and according to researchers, it may have a downregulating impact on disordered thinking and anxiety.
Researchers are just starting to uncover the potential for cannabinoids to treat medical conditions ranging from childhood epilepsy to aggressive cancers. While these compounds have shown strong promise, researchers have struggled to find ways to consistently and effectively deliver cannabinoids to desired parts of the body. Many products that are on the market right now are ineffective at delivering cannabinoids to improve outcomes.
YiLo is an emerging company engaged in the development and commercialization of therapeutic pharmaceuticals and nutraceuticals using innovative drug delivery platform technologies to deliver cannabinoids. YiLo aims to solve existing cannabinoid dosing and administration barriers by bringing pharmaceutical-grade delivery technologies into the industry. With acquisitions in the dermal and oral delivery technology space, the company is uniquely positioned to capitalize on the growing demand for innovative drug delivery solutions for patients.
Problems with Cannabinoid Delivery
Cannabinoids have the potential to treat many serious medical conditions, but researchers have struggled to find a reliable delivery mechanism. Cannabinoids that are inhaled bypass the liver and stomach and travel directly to the brain, but smoking cannabis has several adverse health effects. While oral cannabinoids solve these issues, they are metabolized in the liver and stomach where their potency is greatly diminished.
In a 2009 study, researchers found that THC bioavailability was between 2% and 56% for inhaled cannabis smoke and 4% to 20% for orally-consumed cannabinoids. Others researchers have found that THC was widely absorbed, but less than 1% of the administered dose reached the brain while the spleen and body fat became long-term storage sites. For patients looking for consistent dosing, these dynamics create a significant problem.
Topical delivery has become a great alternative for many consumers – especially those with skin-related conditions – but these formulations often suffer from poor absorption, greasiness, and oiliness that makes them difficult for consumers to use.
Innovative New Delivery Systems
YiLo has recognized these problems and is focused on leveraging existing pharmaceutical drug delivery systems and formulating them with cannabinoids. By taking this approach, the company is confident that the technologies will deliver meaningful therapeutic benefits compared to current available products. Investors may want to take note of this fast growing company as it aims to develop a pipeline of products and make them commercially available in the near term.
YiLo's consistent product dosing technology was developed and tested for multiple different products and has demonstrated the ability to specifically formulate and produce individual products to prolong natural release at steady therapeutic concentrations.
YiLo has collaborated closely with patients and consumers to develop and commercialize therapeutic pharmaceuticals and nutraceuticals to meet the growing demand for cannabinoid based products to overcome missing quality standards of ineffective products currently on the market.
Rigorous clinical studies are still needed to evaluate the final clinical potential of CBD for specific conditions. However, pre-clinical research (including both cell culture and animal models) has shown CBD to have a range of effects that may be therapeutically useful—including anti-seizure, anti-oxidant, neuroprotective, anti-inflammatory, analgesic, anti-tumor, anti-psychotic, and anti-anxiety properties.
Studies have shown benefits of CBD for the following ailments:
- Anxiety
- Depression
- Psychosis
- Alzheimer's Disease
- Panic Disorder
- Seizures/Convulsive Disorders
- Multiple Sclerosis
- Parkinson's Disease
- Epilepsy
- Acne
- Psoriasis
- General Pain
- Muscle Spasms
- Antibiotic-resistant Infections
- Cancer
- Diabetes
- Arthritis
This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.


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Latest News
Miami Hurricanes women upset No. 6 Penn State
For the second night in a row, the unheralded and overlooked University of Miami basketball program made a statement with an upset of a Top 20 team at the BankUnited Center.
There were no ESPN cameras rolling Thursday when the Hurricanes women knocked off previously undefeated No. 6 Penn State 69-65 in the ACC-Big Ten Challenge, and the crowd of 1,286 was one-fifth the size of the one that showed up Wednesday for the men's win over No. 13 Michigan State.
Still, the women's win was just as emphatic, and, like the men's game, ended with students joining players on the floor for a celebration.
Although the boxscore doesn't show it, the UM men's team should have gotten an assist for the women's win because their upset of the Spartans gave the women extra confidence and energy.
"It's like a family, those are like our brothers," said senior forward Morgan Stroman, who led UM with 15 points and five steals. "They got their big win last night, it was here, so we had to do the same thing, pull an upset."
UM coach Katie Meier agreed that the men's win gave the women's team a spark. The Hurricanes (5-1) were ranked No. 23 a few weeks ago, but dropped out of the rankings after losing to Tennessee at home. The team had been struggling to find its identity, and Meier said they found it Thursday.
"Our players looked around and thought, 'Well, if they can do it, we can do it.' This is a big moment for us in terms of this hopeful, wishful, are we good?, blah, blah, blah attitude. Now, it's like, 'Yes we are', quit hoping, stay tough … I do believe we're a Top 25 team. I believe we shouldn't have been in top 25 after losing to Tennessee the way we played. But are we good? Yes. We are legit. … Our identity is toughness. We were resilient. We never laid down."
Senior Stefanie Yderstrom had 13 points, four steals and seven assists. The steady Swede scored five straight points during a critical stretch with just under eight minutes to go. Penn State had reeled off an 8-0 run to take its first lead of the game, 51-49, with 8:47 remaining. Lady Lions guard Maggie Lucas, who finished with a game-high 20 points, hit a pair of free throws to make it 53-49. Yderstrom then made a three-pointer and a short jumper to put the Canes ahead, 54-53.
UM never trailed again.
Penn State tied it at 60 and 65, both on Lucas three-pointers, but UM's Suriya "Ray Ray" McGuire drove the baseline for a layup to make it 67-65 and Michelle Woods made a pair of free throws to seal the win.
The Lady Lions (5-1) had 20 turnovers in the first half, and the Hurricanes scored 16 points off those turnovers, compared to just two points off first-half UM turnovers for Penn State. Meier said she was "very surprised" Penn State lost the ball so often because their guard play is usually very reliable, but she was proud that their defensive game plan worked. She said they "did a couple of things I don't want to give away" to disrupt the Lions' timing.
"We came out letting Penn State know we're here to play defense," Meier said. "Even when we missed shots, our bench was yelling, 'Do it with our D!' "
Penn State's second-leading scorer was guard Alex Bentley, daughter of former UM and Indianapolis Colts running back Albert Bentley, who was in the stands. She scored 14 points on 6-of-13 shooting and had four steals.


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Tag Archive for: candlelight processional
About Us
Kaleidoscope Adventures is a full service tour company specializing in student group travel. Our primary emphasis is developing festival and performance tours for middle and high school bands, choirs, and orchestras. We also specialize in senior class trips, dance and theater as well as educational tours for science and history groups. For more than 25 years, Kaleidoscope Adventures has been a leading innovator in the student tour industry. Our expert team works closely with educators to create a unique and enriching travel experience that will enhance their classroom curriculum and bring the classroom to life.
Contact Us
Kaleidoscope Adventures
7081 Grand National Dr., Suite 110
Orlando,FL 32819
Phone: (407) 345-4899 | Toll Free: (800) 774-7337 | Fax: (407) 345-2890
Email: email@example.com


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#apartments for rent in pittsburgh
Apartments for Rent in Pittsburgh, PA
About Pittsburgh
Thinking of moving to Pittsburgh? Here's what you need to know.
Pittsburgh's affordability and a strong influx of Home to some of the largest medical research hospitals in the country as well as top universities, this "thinking town". Nicknamed the "City of Bridges" for its 446 bridges, Pittsburgh is situated in southwestern Pennsylvania right at the confluence of the Ohio River.
Who's There?
Major technology companies such as Google, Apple, Bosch, Disney, Uber, Intel and IBM have Pittsburgh offices. Top universities—including sburgh—give the city a youthful, well-educated vibe. Sports fans also abound, and they're quite faithful to their Pittsburgh Steelers and Pirates. The status of being both a big city and a college town gives Pittsburgh a unique blend of sophisticated style and youthful energy.
What's Around Pittsburgh ?
Pittsburgh is positioned where the Ohio, Monongahela and Allegheny rivers collide—this exact point downtown is called the "Golden Triangle." The Mount Washington neighborhood is known for its steep hill overlooking the Pittsburgh skyline. The view was rated the second-most beautiful vista and best urban vista in America by. The neighborhood's Duquesne Incline railroad takes riders up one of the oldest, continuous inclines (800 feet long) in the world to a row of upscale restaurants at a point 400 feet high, paralleling the crest of Mount Washington.
What Do You Do In Pittsburgh ?
The city is known for its many arts and cultural options, thanks to a history of contributions from industrialists such as Andrew Carnegie. Along with a vibrant theater scene, residents enjoy the Heinz Hall for the Performing Arts, home of the Pittsburgh Symphony Orchestra, and a strong tradition of jazz, blues and bluegrass. Pittsburgh is also famous for its Andy Warhol Museum and Carnegie Museum of Art. The Pittsburgh Zoo PPG Aquarium is a favorite destination for families, while several licensed casinos, including the Rivers Casino, entertain the over-21 set.


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3D Printing: How Long Till The Revolution?
I can't wait! 3D Printing: How Long till the Revolution? from the Farnell/Newark Group and designed by Neo Mammalian Studios takes a stab at predicting the rise of 3D printing. Seriously, I want the day when I can print out my own coffee cup design, custom LEGO shapes and a new iPhone case! Download the model, and print! That flimsy plastic piece from the vacuum broke again?!? Just print a new one!
3D printing has slowly started to get popular in use in the industry, by the hobbyists and ordinary individuals in their homes. If you can design it, the 3D printer can build it. However, we are still in the early stage of owning and using 3D printer. So, what is the length of time before it will become mainstream like the PC? The infographic will show when will every American own a 3D printer and how it affects the profit of those who are selling consumer objects and more.
The doughnut charts are colorful and unique in that hexagon shape. The use of Roger's Diffusion of Innovations line charts is actually very easy to understand. The comparisons to the PC market and to music sales online are great analogies.
"3D printing is only gonna get more awesome."
Found on Visual Loop!


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Health topics
Chemical safety
Chemical Safety is achieved by undertaking all activities involving chemicals in such a way as to ensure the safety of human health and the environment. It covers all chemicals, natural and manufactured, and the full range of exposure situations from the natural presence of chemicals in the environment to their extraction or synthesis, industrial production, transport use and disposal.
Chemical safety has many scientific and technical components. Among these are toxicology, ecotoxicology and the process of chemical risk assessment which requires a detailed knowledge of exposure and of biological effects.


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standing in the kitchen this evening, there are things to say ... but when the time came, i found my words imprecise and my command of them ... faulty.
i don't know if it was my asthma, or your home purchase or if i'm just having - what jenni calls - a 'charlotte moment,' but it hit me this morning, in a way i hadn't quite grasped before, how important and how fragile this is.
it takes me by surprise, sometimes - when i least expect it - how comfortable and easy and lovely it feels to be with you. it isn't at all what i expected ... but then, it's the expected that keeps us steady. standing. still. the expected is just the beginning; it's the unexpected that changes our lives. right?
'it's nice to be appreciated,' you said (in that sleepy little voice i love so much). and i can't believe anyone ever made you feel as if you weren't. i can't believe anyone could find fault with those things i find so dear - how could anyone not see how perfect you are in your imperfection? and it's not because we're 'new' or because i'm lost in the sex haze ... my opinion is not clouded by hormones or pheromones or cinnamon toast. i've just come to see that you suit me.
you do.
and it makes me happy in ways i can't even describe. i've also come to see how important this little family is and how much you must miss seeing the girls everyday and how hard it must be to vist the life you had before ... every day. it's a difficult thing to watch.
let's face it, no one believes that their life will turn out just kind of okay. we all think it's going to be great. and from the day we enter into any kind of relationship, we are filled with expectation ... great expectations of who we will be, where we will go. sometimes it takes a long, long time. but we get there. it just doesn't always look the way we think it will. and sometimes it's a million miles from where we thought we'd be - and it leaves us feeling jet lagged. i think that's my problem today. jet lag.
still, i'm right where i want to be. and i hope you are, too.
Monday, July 13, 2009
jet lag
standing in the kitchen this evening, there are things to say ... but when the time came, i found my words imprecise and my command of them ... faulty.
Posted by leigh anne at 9:33 PM
1 comments:
- Anonymous said...
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- November 11, 2009 at 12:03 AM


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New neighborhood in Grand Chute. Restrictions apply. All improvements including 2nd coat of asphalt. Surrounded by many conservation areas and a walking trail. Easy access. Seller is a licensed Real Estate Person. Waste Available to Site = Laterals.
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Ray Gilbert is now allowed inside Jessie Mae Monroe Elementary School.
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According to a resolution the board passed in December, Gilbert had been banned from all school property except the central office to conduct board business and the carpool lane at Jessie Mae Monroe to pick up his children.
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Air Force will no longer provide free shots to civilians, instead investing in broader health initiatives.
Early October marks the beginning of flu season.
For thousands of civilians in the Air Force, this could be a stuffy, fever-y couple of months. Due to budget constraints, the Air Force will no longer offer free influenza shots to non-military employees. In 2012, about 12,000 civilians received the free flu vaccines.
For the past two years, Air Force Materiel Command has provided flu shots for all employees free of charge. Approximately 20 percent of the civilian workforce took advantage of the program. Now, only TRICARE beneficiaries will receive the free shots. The Air Force will instead invest in programs like the Civilian Health Promotion Services, which provide health education classes and screening programs.
"In the past, [Air Force Materiel Command] has offered both the flu vaccine and wellness programs because civilian health and wellness is an important factor that supports our command mission," Col. James King, the AFMC command surgeon, told the AFMC public affairs office. "Unfortunately, limited resources required us to prioritize and ultimately fund broader health programs that provide more resources for the total health of our civilian workforce."
The Air Force is encouraging civilians not covered by TRICARE to "contact their private health care providers to get a flu shot."
Job Security
In 1994, President Clinton signed The Uniformed Services Employment and Reemployment Act, a law designed to ensure individuals who leave their civilian jobs for military deployments can retain those jobs upon their return.
In July of 2012, President Obama issued an executive order to strengthen the protections for individuals who have performed uniformed service.
On Tuesday, the Office of Personnel Management issued guidance for implementing these new protections for employees about to deploy or returning to federal civilian service. OPM advised federal agencies to identify the employees who have an obligation to the military that may result in active duty activation, develop continuity plans to ensure a smooth transition of responsibilities, keep deployed employees abreast of major agency activities and provide training for deployed employees to maintain skills.
Upon their return, agencies should reduce the stress of reintegrated employees by hosting "welcome back" celebrations and allowing returning workers to boast about their deployment to co-workers, OPM said. Managers should communicate performance expectations and use new skill sets the employees pick up while deployed, the guidance stated.
OPM called on agencies to train human resources professionals and hiring managers on USERRA requirements, and to educate employees eligible for active duty activation of the rights to which they are entitled. It also advised agencies to improve data to track deployed and deployable employees, as well as the number of claims filed against each agency for noncompliance with the law.


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Combination Grout
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Hey you.
Yeah you, the one sitting there all bored with your weapon on the ground and your shield on your back.
You don't look like you're having a good time at all. Yeah, yeah, I know that you're fine tanking and you're perfectly willing to help out your guildies and tank runs for them and all but you're bored.
No, don't try to deny it. You're speaking to a fellow tank here remember? Here in the tanking brotherhood we don't lie to each other. We share each others burdens and try to make life bearable again so here I am, your ever faithful servant with a little series of articles to try keep you amused.
Here in this first article, we'll deal with the most likely path you'll take when you need a vacation from tanking those bosses and that is, of course, fury.
There's something you want to consider first. If you're just switching to fury for fun in bgs and dungeons for a bit, then it doesn't really matter as you can just do whatever you want and still be pretty successful.
If you're trying this in a raid setting though, you're really going to want to build up a half decent set of gear first before you give it a try to keep from making a bad showing for yourself.
In order of importance, you're going to want to climb up to about 164 hit rating and 214 expertise rating. What these will do is ensure that you don't miss the boss when you try to hit them. Now it's important to realize that I said about that much hit and expertise. While hitting these hit and expertise caps are very important to your damage, as a protection warrior on a fury vacation, it's not worth stressing over min maxing your damage to that degree so that you land on the caps exactly.
Just get to roughly that hit rating and that expertise and you'll be alright.
The second thing you want to do in terms of stats is a bit tricky. You'll want to get an even mix of strength, crit and armor penetration. The problem with stacking one of these to the exclusion of all else is that without a balance, you do some pretty horrible damage.
Sure, you can get up to 100% armor penetration first before you add on any crit or strength but you'll still hit like a wet noodle. Ditto the other way around.
A balanced mix is what you want.
So build up that strength and crit and place a slightly higher emphasis on building up the armor penetration and you'll be fine.
The cookie cutter spec can be found right here and there's typically very little room for variation: http://www.wowhead.com/talent#LG0GzfhZhxe0V0u0eRVkAo:MGooMz .
And as for the battle itself, here's all you really need to know.
Priority 1) Stand behind the boss while attacking and make sure that you do your best to avoid any and all aoe damage.
Priority 2) Keep Heroic Strike queued up as much as possible (rage providing)
Priority 3) Bloodthirst > Whirlwind > Slam > Execute.
The spell priority does have some minor variations depending on how your cooldowns are running and whatnot but for a brief vacation from tanking, that's all you really need to know.
So get out there and smash in some faces!
I'll be back next week with a look at the pvp side of life.


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Questions:- The first beer that I'm kegging is a sweet oatmeal stout. At about 2.2 volumes, and 45 degrees, TastyBrew lists a recommended pressure of 11.4 PSI. So do I just set this pressure and be done with it? Should I cold crash the beer first, after it's done fermenting? About how long will it take to carbonate? How does my line length and elevation affect this? Thanks for all your help.
You can set it at 11psi to force carbonate, but you much be patient. It may take 1 or 2 weeks to carbonate that way. I guess David and I don't agree here, it probably depends on your system and habits. I tend to fill my kegs right up to the lid and I figure that makes carbonation take longer.
I pressurize to 30 and shake the keg to carb it. It's quicker, but less precise.
Quote from: Joe Sr. on January 15, 2013, 03:36:32 PMI pressurize to 30 and shake the keg to carb it. It's quicker, but less precise.I do that in a pinch as well. Or crank it up and let it sit for 1-2 days and keep checking. You get to sample a lot that way! Dave
If you haven't bought your taps yet, buy Perlick. Standard taps will get sticky. If you buy standard, you'll wish you bought Perlick eventually.
Forgot to add,- Faucets are Perlick- Liquid side tubing is 3/16" IDSo if I set it at 11-12 PSI, shook it for a while (10-12 minutes), let it sit for a day or two, still at 11-12 PSI, would that work?
but be gentle because if you form too much foam IN the keg there might not be enough foam positive compounds left intact to get a good head in the glass.
Quote from: morticaixavier on January 15, 2013, 04:44:44 PMbut be gentle because if you form too much foam IN the keg there might not be enough foam positive compounds left intact to get a good head in the glass.I know there's since behind it, but... I'm going to be contrary again. I have not experienced any problems with this.When I keg, I typically fill a one-liter PET bottle and shake the bejesus out of it to get a couple of glasses carbed up right away. It foams a LOT in the bottle. It pours just fine with a nice head.Sample size is 1 (myself), so take it for what it's worth.
I'm with Joe Sr. on this too. I carb my kegs by 1) get the beer cold 2) set the regulator as high as it goes - about 35 psi 3) pick up the keg by the ends and rock it back and forth about 40 times 4) remove the gas line from the keg 5) rest the keg in the fridge several hours 6) bleed off excess pressure 7) enjoy carbed beer.It is not precise and sometimes it takes some adjusting to get the perfect CO2 level, but at least I don't have to wait several days. I've never had a problem with foam in the glass because of this method.


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April 17, 2003
PORTLAND, Ore. - The Santa Clara University baseball team won its series opener with the University of Portland by a score of 8-2 Thursday afternoon at Pilot Stadium in Portland, Ore. With the win, the Broncos move to 19-21 overall and 11-5 in West Coast Conference play while the Pilots drop to 8-27-1 overall and 4-11-1 in league action.
For the seventh time this season Scott Dierks led off the first inning with a home run for Santa Clara. Jack Headley promptly followed the Dierks blast with one of his own, giving the Broncos a 2-0 lead after one half inning of play.
The home run for Dierks was his 15th of the season, moving him into sole possession of fifth place in Santa Clara history for single season home runs. He is just four behind Gene Delyon for the all-time single season mark. Headley's shot was his third home run of the season.
Michael Thompson led off the second inning with an infield single and was driven home on the next batter by Joe Diefenderfer who connected on his first home run since his freshman season in 2000, belting the two-run blast over the right field fence. Headley picked up his second hit of the game just three batters later and was driven home from on a single to left field by Jim Wallace. Headley's run gave the Broncos a 5-0 lead heading into the bottom of the second inning.
A.J. LaBarbera led off the third inning with a walk, stole second and advanced to third on a wild pitch. He scored the sixth run for the Broncos on a Diefenderfer single up the middle, giving him three RBI on the day and moving Santa Clara's lead up to 6-0.
Portland got on the board in the bottom of the third inning as Trevor Hahn picked up the team's first hit, a leadoff double to left field. He moved to third base on a fielder's choice and scored one batter later as Gustaf Little picked up a RBI on a single up the middle, cutting the Bronco lead down to 6-1 after three full innings.
Headley doubled off the left field fence to begin the fourth inning and scored one batter later on a Jason Matteucci single to right field, giving the Broncos a 7-1 lead. The double was Headley's 12 of the year and gave his three-fourths of the cycle, needing a triple to complete the feat.
Matteucci singled up the middle to start off the Bronco half of the sixth inning and moved up to third on consecutive groundouts by Wallace and Will Thompson. After LaBarbera walked, Matteucci made the score 8-1 in favor of SCU after Michael Thompson picked up the RBI with a soft line drive single to left field, scoring his fellow freshman from third base.
Joe Watson had a two-out single up the middle to prolong the game in the Portland half of the ninth inning and would score on the next batter as Hahn doubled to left center, scoring Watson from first and cutting the Bronco lead down to 8-2. After another single by Brock Griffin, Santa Clara starter Matt Travis got the final out of the game as he got Justin Pierce to groundout to LaBarbera at second base.
Travis improved to 4-6 with his complete game seven-hitter. He allowed only two runs on those seven hits while walking only one and striking out eight. It was his third complete game of the season, which moved his record in league play alone to 3-2.
Stephen Ball took the loss for Portland and fell to 2-2 on the season after allowing seven runs on 10 hits in three plus innings of work. Joe Jones threw the final six innings for the Pilots, allowing one run on only three hits while walking four and striking out four.
Headley ended up a triple shy of the cycle while his three hits on the day was a team high for the Broncos. Diefenderfer was one of three Santa Clara players with two hits in the game but it was his three RBI that made his day stand out from the rest.
Santa Clara and Portland will play games two and three of their three-game set as part of a Saturday doubleheader. The first game of the twin bill is slated to begin at 11 a.m. The second game will begin 30 minutes following the conclusion of game one.


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In spite of the conveniences of modern life, there are a few good reasons as to why we're still feeling stressed.
Feeling trapped in your job? When your Monday work blues last until Friday, why not try our 5 tips to make the week more bearable?
Anxiety is on the rise amongst university students, so what do students need to know about anxiety on campus and how to manage it?
Merry Christmas to all of our wonderful readers! We're taking a short break, but if you're experiencing blog withdrawal here's a blog roundup of what we've been up to this past year to tide you over to 2019!
This time of the year can easily bring about a feeling of staleness as we go into overdrive to get to the finish line Hang in there…a new year is nearly upon us, and with it brings a chance of renewal.
World Mental Health Day is 10/10, but how would you rate your own mental health? Take the mental health check up.


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On nice days, drop-in classes will be offered on the grass at Grass Lawn Park (near the upper parking lot). When it's too wet or cold, we will migrate indoors. Watch for updates on our Facebook page! These classes will often begin with sun salutations, or flow yoga, but we will then work on alignment based yoga. Each class will end with relaxation in savasana for the remaining 10 mins. $20 suggested donation; if funds are low, no problem! Pay less or nothing at all in person. Pay what you can, when you can. This class is open to everyone, regardless of age, skill level or socioeconomic status.
Back to All Events
Earlier Event: May 15Sequential Course (Class 5 of 5)
Later Event: May 26Corporate Yoga (PRIVATE)


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Posts from November, 2015
Choosing a Pet Food: Making Smart Nutritional Choices
Pet owners are constantly bombarded with advertisements, recommendations from neighbors, and Facebook posts about what is and isn't "good" pet food. Couple that with the overwhelming choices in the pet food aisle at your local store, and it is easy to see why most pet owners are a little unsure about which pet food to choose.
Choosing a pet food can be a little intimidating, but with a few simple guidelines, it is easy to make smart nutritional choices for your pet.


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I'd say yes, he probably could have taken him right there. However the reason there are always two Sith is because the master represents the power and the apprentice craves it. The apprentice probably could frequently "take" the master, but the apprentice hadn't learned all they could have from the master, so the master is still needed. At that point Anakin still needed the knowledge that Palps claimed to possess, so they both knew (at lease Palps hoped) Anakin wouldn't try to kill him them.A fair fight might have been more of a toss up though. Remember Obi-Wan gets sent to fight Anakin, because he couldn't stand a chance against Palps. Then Palps doesn't move to help Vader until he's already wounded, that way he'd be less of a threat to Palps.And of course if the apprentice tries to kill the master and instead gets killed themselves, the master picks a new apprentice.
Though they might have needed someone with more range to show that change....
In the novelization, Anakin walks by the dead Jedi and looks at them for a moment before moving on.
Quote from: David on April 2, 2009, 03:41 PMIn the novelization, Anakin walks by the dead Jedi and looks at them for a moment before moving on.Yeah, that would be rather sick to see Kit Fisto's head smiling at him from Palpatine's desk. (in a twisted way)
I don't think Anakin could have defeated Palpatine. Although Lucas said Anakin could have done it were he not defeated by Obi-Wan on Mustafar, it's somewhat confusing. Think about it. Yoda couldn't do it. Only Mace Windu could have (as he almost did until Anakin decided to give Palpatine a hand; no pun intended), and does Anakin look like he can defeat Windu in a duel? He couldn't even defeat Obi-Wan at first. AND when he did defeat Obi-Wan, it was because Obi gave himself up to the Force.
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