text:
Germany 21 August 1997 Appellate Court Köln (Aluminium hydroxide
case) [translation available]
[Cite as: http://cisgw3.law.pace.edu/cases/970821g1.html]
CASE HISTORY: 1st instance LG Köln (90 O 263/94) 29 May 1996 [affirmed]
SELLER'S COUNTRY: Germany (plaintiff)
BUYER'S COUNTRY: France (defendant)
GOODS INVOLVED: Aluminium hydroxide
Case abstract
GERMANY: Oberlandesgericht Köln 21 August 1997
Case law on UNCITRAL texts (CLOUT) abstract no. 284
A German seller, plaintiff, made several deliveries of aluminium hydroxide to a French glass manufacturer, defendant. The buyer stored the chemicals in a silo, adding new material to that from previous deliveries. Due to the lack of quality of the aluminium hydroxide, the glass produced was defective. On the day after the second of the two deliveries in question, the buyer notified the seller that the goods received in two previous deliveries had been defective. The seller contested the lack of quality of the goods in the said deliveries and sued for the purchase price. The court of first instance allowed the claim.
The court dismissed the buyer's appeal. It held that the buyer was not released from its obligations under article 81(1) of the CISG, since the buyer was not entitled to declare the contract avoided. As to the first delivery in question, the court held that the buyer had failed to prove that the unusable aluminium hydroxide derived from this particular delivery. During the relevant time period, several deliveries had been made by the seller. Although the silo only contained chemicals delivered by the seller, if the defect had arisen from a different delivery, the buyer would have failed to notify the seller (article 39(1) CISG). As to the second delivery in question, the court found that, as defective glass already had been produced prior to the date of this delivery, the buyer had failed to prove any lack of quality of this particular delivery (article 35 CISG).
Moreover, the court held that the buyer had failed to examine the goods in time. Under normal circumstances, examination within a period of one month would have been reasonable. However, where delivered goods are mixed with previous deliveries, immediate inspection was said to be incumbent, since the defect would have been revealed even by means of simple tests (article 38(1) CISG).
The court held that, by mixing the aluminium hydroxide without prior examination, the buyer had failed to take due care of its own goods; consequently, it also failed to mitigate its loss (article 77 CISG). Thus, the buyer was not entitled to set-off with damages.
Prepared by Camilla Andersen for commentary on notice issues under Article 39(1)
"The Higher District Court of Köln, in a 1997 judgment concerning the sale of aluminium hydroxide, affirmed the [Article 39(1)] general rule of the 'noble month,' but stressed that this 'noble month' is a vantage point by adding that the time-frame must be restricted in certain cases where the facts of the specific case reasonably prescribe it. The Court stated: 'Eine solche Frist [Monatsfrist] kann freilich nur für Waren gelten, bei denen keine Veranderungen zu besorgen ist . . .'. In this case, notice was given after the aluminum hydroxide provided by the seller had been placed in a large silo along with other shipments (and the buyer could not substantiate that all materials herein were provided by the seller). The time of the notice thus jeopardized the seller's possibility to ascertain the non-conformity. The Court restricted the flexible month to a shorter time-span with reference to the specific facts of the case and the purpose of Article 39." Andersen, Pace Review of the Convention on Contracts for the International Sale of Goods (1998) 124-125 and n.222.Go to Case Table of Contents
APPLICATION OF CISG: Yes [Article 1(1)(a)]
Key CISG provisions at issue: Articles
Classification of issues using UNCITRAL classification code numbers:
35A [Conformity of goods to contract: quality, quantity and description required by contract]; 38A1 [Buyer's obligation to examine goods as soon as practicable in the circumstances]; 39A2 [Requirement to notify seller of lack of conformity: within reasonable time]; 77A [Obligation to take reasonable measures to mitigate damages]
35A [Conformity of goods to contract: quality, quantity and description required by contract];
38A1 [Buyer's obligation to examine goods as soon as practicable in the circumstances];
39A2 [Requirement to notify seller of lack of conformity: within reasonable time];
77A [Obligation to take reasonable measures to mitigate damages]
Go to Case Table of Contents
Go to Case Table of Contents
English: Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=295&step=Abstract>
Original language (German): cisg-online.ch <http://www.cisg-online.ch/cisg/urteile/290.htm; Oberlandesgerichts-Rechtsprechungsreport (OLGR) Köln 1998, 2-4, Justizministerialblatt Nordhein-Westfalen 1998, 76-78; [1998] Versicherungsrecht (VersR) 1513-1515; [1996] Die deutsche Rechtsprechung auf dem Gebiete des internationalen Privatrechts im Jahre (IPRspr) No. 180; Unilex database <http://www.unilex.info/case.cfm?pid=1&do=case&id=295&step=FullText>
Translation (English): Text presented below
English: For a survey of close to 100 judicial and arbitral rulings on Article 39(1), go to the 1998 Pace essay on this subject by Camilla Baasch Andersen; Kuoppala, Examination of the Goods under the CISG and the Finnish Sale of Goods Act (2000) § 3.4.1 [analysis of related articles 38, 39, 40 and 44 (includes digests of relevant material in many CISG cases; also digests cases under a domestic sales code that is patterned, for the most part, after the CISG)]; Larry A. DiMatteo et al., 34 Northwestern Journal of International Law & Business (Winter 2004) 299-440 at n.397; CISG-AC advisory opinion on Examination of the Goods and Notice of Non-Conformity [7 June 2004] (this case and related cases cited in addendum to opinion); [2004] S.A. Kruisinga, (Non-)conformity in the 1980 UN Convention on Contracts for the International Sale of Goods: a uniform concept?, Intersentia at 71; [2005] Schlechtriem & Schwenzer ed., Commentary on UN Convention on International Sale of Goods, 2d (English) ed., Oxford University Press, Art. 38 para. 16 Art. 39 para. 17 Art. 57 para. 11a
French: Witz, Recueil Dalloz (1998) 311-312Go to Case Table of Contents
Queen Mary Case Translation Programme
Translation [*] by Julian Waiblinger [**]
The appeal of the Defendant [buyer] is admissible; on the merits, however, it cannot be successful.
The Plaintiff [seller] demands the undisputed purchase price amounting to 12,900 Deutsche Mark [DM] for 52 tons of aluminium hydroxide which were, according to the party's basic agreement, collected with the [buyer]'s silo vehicles in two parts on 13 January 1994 and 25 January 1994 and then filled into the [buyer]'s silo on the following days after the respective arrivals.
The Court of First Instance [District Court (Landgericht)] granted the [seller]'s claim. The appeals lodged which, by way of reversal of the challenged judgment, demand to dismiss the claim as inadmissible or alternatively as legally not justified, respectively, or to suspend the appellate proceedings until it is held that decision J 96-11.984 of the Court of Cassation in Paris on the [buyer]'s appeal against decision 95001880 of the Cour d'Appel Orleans of 3 January 1996 is not legally justified.
1. The [seller]'s claim is admissible. The District Court (Landgericht) rightly affirmed its international jurisdiction. This, however, has to be considered ex officio also within the appellate proceedings according to Art. 19 of the European Convention on Jurisdiction and Enforcement of Judgments in Civil and Commercial Matters of 27 September 1968 in the version of 26 May 1989 (hereinafter Brussels Convention) which entered into force in relation to France on 1 February 1973. As mentioned correctly by the [buyer], § 512 a ZPO [*] does not apply in respect of the international jurisdiction.
The international jurisdiction of the District Court (Landgericht) Köln results from Art. 5 No. 1 of the Brussels Convention. According to that, legal proceedings can be taken against a person which has its registered seat in a Contracting State in another Contracting State before the Court of the place of performance, where a contract or claims based on a contract are the subject to the litigation. As laid down correctly in the challenged judgment, according to Art. 57(1)(a) of the United Nations Convention on International Sale of Goods of 11 April 1980 (hereinafter CISG) the place of business of the [seller] in B. [a location in Germany] is the place of performance as regards the [buyer]'s obligation to pay the purchase price.
The [buyer] does not allege that in so far a different place of performance had been agreed or was otherwise relevant.
2. A suspension of proceedings until the decision on the [buyer]'s appeal against the cited judgment of the Appellate Court of Orleans is not required.
3. The [seller]'s claim is legally justified. According to Art. 53 CISG, the [seller] is entitled to the purchase-money claim amounting to 12,900 [DM] put forward against the [buyer].
The claim is not ruled out by Art. 81 CISG as the [buyer] is not entitled to declare the contract avoided according to Arts. 49(1)(a), 45(1)(a), 35 CISG. That would require establishing a lack of conformity of the goods, of which [seller] was given notice within the time limit of Art. 39 CISG. This, however, cannot be assumed.
The [buyer] did not put forward substantively that the delivery of 25 January 1994 which was filled into the silo for lack of another possibility of storage on 26 January 1994 was defective. According to the [buyer]'s own submissions, the [buyer] already on 22 January 1994 located inclusions in the glass production which led to fractures. After microscope analyses, the [buyer] on 26 January 1994 notified the [seller]'s representative in France (L. France S.a.r.l.) of the defect of the material delivered. This cannot have referred to the material filled into the silo only on 26 January 1994.
On 27 January 1994, the [buyer] had taken samples from the silo in the presence of a bailiff. At the occasion of stirring the material, thick lumps grew which remained in the strainer after sifting the liquid whereas a sample of faultless aluminum hydroxide did not leave behind any lumps and was of a brighter coloring. By writing dated 4 August 1995, the [buyer] put forward that the materials examined on 27 January 1994 were samples from the delivery of 14 January 1994 and from the funnel in which the raw materials were stored before being put in the furnace. It cannot be assumed nor was it alleged by the [buyer] that the material filled into the silo only on 26 January 1994 had already got into the funnel. Consequently, it cannot be assumed that the material examined and declared defective on 27 January 1994 stemmed from the delivery of 25 January 1994.
If this delivery had been filled into the silo on 26 January 1994, the [buyer] would have violated the duty to mitigate the loss according to Art. 77 CISG. Consequently, the [buyer] could not be entitled to a damage claim aimed at the exemption of an existing debt in respect of a purchase price obligation.
Not even regarding the delivery of 14 January 1994 did the [buyer] put forward a defect substantively. It is undisputed that the material taken from the silo respectively from the funnel on 27 January 1994 was defective. It is disputed, however, whether the material taken stems from the delivery of 14 January 1994 or from the [seller] at all. If partially old material had been in the silo, no assessments as to the quality of the material delivered by the [seller] could have been made. According to the list of the deliveries between January 1993 and March 1994 submitted by the [buyer], the correctness of which is proven, the material obtained in the period in question solely stemmed from the [seller]. The allegation of the [seller] that the delivered quantity could not have satisfied the [buyer]'s wants, was not substantiated further. According to the cited list, the [buyer] had obtained at least 26.26 t from the [seller] in December 1993. Even assuming consequently that the silo only contained material from the [seller], it cannot be found out whether the sample stemmed from the delivery of 14 January 1994 or from a preceding delivery of the [seller]. As preceding deliveries had not been criticized as defective, claims were in so far not put forward.
The [seller] did not admit a defect of the deliveries at issue by taking the content of the silo which was emptied by the [buyer] after the taking of the samples on 27 January 1994. Such a defect was contested by the [seller] consistently. Already in reply to the rebuke of 26 January 1994, the [seller] informed the [buyer] by fax of the same day that the reserved sample out of the delivery 13 January 1994 was faultless. At the occasion of the acceptance of the material to be transported to the [buyer] in three silo-vehicles, the [seller] emphasized that there was no link between the material delivered and the problems that occurred.
In accordance with the ruling of the District Court (Landgericht), a violation of the duty to give notice of defects is to be assumed.
According to Art. 39(1) CISG, the buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the seller within a reasonable time after he has discovered it or ought to have discovered it. Therefore, the time for claims starts to run at the time at which the seller can ascertain the lack of conformity after the obligatory duty to examine the goods according to Art. 38 CISG.
According to Art. 38(1) CISG, the buyer must examine the goods, or cause them to be examined within as short a period as is practicable in the circumstances. Consequently, the time limit to examine the goods and the time limit for claims are to be added and constitute a total time limit for the notification of defects (von Caemmerer/Schlechtriem/Schwenzer, Kommentar zum Einheitlichen UN-Kaufrecht, 2d edition, Art. 39 No. 20; Honsell/Magnus,Kommentar zum UN-Kaufrecht, 1997, Art. 38 No. 13). The buyer is obliged to examine the goods only in so far it is reasonable and usual. At any rate, the examination has to be appropriate as customary in trade and particularly thorough (Schwenzer, loc. cit. Art. 38 No. 13) where the risk of high consequential damages is likely; also experts are to be called if qualities which are difficult to examine are at issue (Magnus, loc. cit. No. 15, 17). The time limit depends on the objective circumstances of the particular case, above all on the nature of the goods and the defect as well as on the necessity of the examination.
In Germany, normally a period of two weeks is recommended (Magnus, loc. cit. Art. 38 No. 22, 24, Art. 39 No. 21). Basically, the time limits are to be assessed more generously than according to the precedents regarding §§ 377, 378 HGB [*] and the Uniform Law on International Sales (ULIS) [*] in force before. Moreover, the traditions of other Contracting States -- which, as for example France, grant generous time limits -- have to be taken into consideration with respect to a uniform interpretation of the law. Consequently, the time limit of one month should be assessed as a rough average (compare Schwenzer, loc. cit., Art. 38 No. 16, Art. 39 No. 17).
Certainly, such a time limit can only be granted with respect to goods where no changes are to be expected which would contravene the purpose of Arts. 38, 39 CISG, namely to find out quickly whether the performance was proper (Magnus, loc. cit., Art. 39 No. 4) and to secure the relevant means of proof (Schwenzer, loc. cit., Art. 38 No. 4). Where, as in the case at hand, goods are concerned which are to be mixed with material of the same kind, the examination has to take place before the mixing. Otherwise it is difficult to find out which delivery the defective goods stem from. That applies regardless of the allegation that the whole material stemmed from the [seller]. On the one hand, this is disputed; in so far it is not sure whether or not the [seller]'s material was defective. On the other hand, the obligation to examine exists for each delivery separately.
Therefore, the aluminum hydroxide received from the [seller] should have been examined right after the arrival at the [buyer] before it was filled into the silo. An immediate examination of each delivery could be expected from the [buyer], as no particularly complicated procedure of examination was necessary. The defect could have been detected easily at sight by way of comparing the colors of samples out of the silo-vehicleand faultless material which was stored at the [buyer] or by way of touching, stirring or sifting the sample from the silo-vehicle. According to the minutes of bailiff G. dated 27 January 1994 concerning the examination of the aluminum hydroxide taken out of the [buyer]'s silo, the sample was of a darker coloring than the compared faultless material. At the occasion of stirring the material, thick lumps grew which remained in the strainer after sifting the liquid. These lumps developed also by merely pressing the material by hand. The parties present - the representative of the [seller] amongst them - agreed on the facts that the difference in coloring was as obvious as the difference at touching the material.
According to this, a hidden defect which, as alleged by the [buyer], could only have been detected by way of microscope and chemical analysis cannot be assumed. The fact that it took several days for the [buyer] to analyze the produced glass, does not mean that such an analysis was necessary to detect the defect of the material delivered. The allegation of the [buyer] that the fact that the aluminum hydroxide was unserviceable for the production of glass could not be inferred from a darker coloring and the formation of lumps, was put forward decidedly for the first time in the appellate procedure. Considering the assessment of the bailiff, this allegation is not sufficiently substantiated. It is mentioned in the minutes that several entities of glass were examined that showed defects which were due to the usage of unsuitable aluminum hydroxide and that all of the examined glasses contained a lump of aluminum hydroxide. It is obvious that the formation of lumps of the raw material leads to the formation of lumps in the produced glass. Should the [buyer], who is sufficiently competent as a glass producer, have intended to deny that, an understandable explanation had been required.
It cannot be inferred from the writing of the [seller] of 26 January 1994, that a visual examination would only have revealed a particularly unusual soiling. It is only mentioned there that the transport vehicles were examined regarding contamination by employees of the [seller].
The [buyer]'s obligation to examine existed regardless of the fact that faultless goods were delivered before and the [seller] had carried out analyses to ensure the quality and had taken reserve samples. A quality control agreement by which the [buyer] had stipulated exemption from the obligation to examine and give notice of defects is not alleged (compare Schwenzer, loc. cit., Art. 38 No. 29).
If the [buyer] was consequently obliged to examine the aluminum hydroxide delivered by the [seller] immediately, namely before filling it into the silo, also an immediate notice of the detected defect was required. In the age of communication by fax, the period of transmission does not essentially affect the assessment of the time limit for claims. Therefore, the rebuke could and should have transmitted as well before the filling of the silo to maintain the right to plead defects of the object of purchase. The rebuke of 26 January 1994 was delayed.
The [buyer] does not claim avoidance of the contract by taking back of the material. As the [seller] accepted the content of the silo stating that there was no link between the delivered material and the problems occurred, the taking over of the material does not have contractual meaning as stated already by the District Court (Landgericht).
Finally, the purchase-money claim does not fail due to the set-off with the claim for consequential damages amounting to the purchase-money claim stated alternatively by the [buyer]. According to what has been said, there is no offsettable contractual claim according to Arts. 45(1)(b), 74 CISG, on which the German Courts have to rule due to the connection with the claim according to Art. 6 No. 3 of the Brussels Convention (Kropholler, loc. cit., Art. 6 No. 37).
Consequently, the appeal is not legally justified and must be dismissed with the consequence as to costs according to § 97(1) ZPO [*]. The judicial pronouncement of the provisional enforceability is based on §§ 708 No. 10, 713 ZPO [*].
Value of the appeal in dispute: 25,800 [DM] (12,900 [DM] claim + 12,900 [DM] precautionary set-off).
* All translations should be verified by cross-checking against the original text. For the purpose of this translation, the Plaintiff-Appellant of Germany is referred to as [seller]; the Defendant-Appellee of France is referred to as [buyer]. Amounts in German currency (Deutsche Mark) are indicated as [DM].
Translator's note on other abbreviations: Brussels Convention = EuGVÜ = Gerichtsstands- und Vollstreckungsübereinkommen in Zivil- und Handelssachen [European Convention on Jurisdiction and Enforcement of Judgements in Civil and Commercial Matters]; HGB = Handelsgesetzbuch [German Commercial Code]; ULIS = Uniform Law on International Sales [1964 Hague International Sales Law antecedent to the CISG]; ZPO = Zivilprozessordnung [German Code of Civil Procedure].
** Julian Waiblinger, Humboldt University, Berlin, Faculty of Law since 1999; King's College, London, Diploma in Legal Studies 2001/2002.Go to Case Table of Contents


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Les potz were born out of a necessity. During quarantine I needed more flower planters and since I couldn't buy any I had to improvise, so I used tin cans we had stocked on.
The name is an English-french play on words: un pot = a cylindrical recipient, un pote = a mate. So les potz will be very good mates to your plants, they love funky haircuts.
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When xlsx/docx document is imported, and its main story is with non-default name ('workbook. xml'/'document.xml'), e.g. workbook2.xml/document2.xml, NullReferenceException is thrown and the document is not imported. Note: Such documents are usually produced after conversion from a template dotx/xlsm.
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Sun Jul 07, 2019 10:17 am Post
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mogandbunny wrote:S.3.1.2
Some time ago i merged two databases and gradually whilst reorganising the content and deleting some duplicate folders I note I have two Research folders. I have tried deleting one of them of but trash is greyed out. Is there a way to delete it?
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Through her experience as both a Tutor and Head of International Support, Ann has experience in advising students in selecting UK universities and suitable courses. This continues through to the actual application with advice on personal statements required for UCAS.
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Georgia has a crime called "Theft of Lost or Mislaid Property." Basically, it means that just because you find something that someone else has lost doesn't mean you get to keep it. One would think that a Georgia lawyer working as a Public Defender would know that. Unfortunately not, according to the Augusta Chronicle:
An Augusta lawyer surrendered to authorities Tuesday morning on a felony charge in connection with a lost diamond ring.
[The attorney] surrendered at the Columbia County Detention Center on a charge of theft of lost or mislaid property, according to Columbia County sheriff's Capt. Steve Morris. [The attorney] was booked into jail Tuesday morning and released after posting a $2,500 bond, Morris said.
Jane G. Prater, 62, of Thomson, reported the ring missing Feb. 12. She told deputies that she lost the ring, worth about $10,500, in the parking lot about 7 p.m. Feb. 7. A server at the restaurant said a woman who was with [the attorney] went inside and asked what to do if she found a ring.
"(The) woman opted not to leave it with Cracker Barrel with the manager in control of lost and found and made a comment that it would be reported to the Richmond County Sheriff's Office," Morris said. "And it never was."
Morris published surveillance video from the restaurant in hopes of identifying the woman Feb. 19. The same day, nearly two weeks after the ring was lost, [the attorney] took the ring to Richmond County authorities.
A warrant was issued for [the attorney] for theft of lost or mislaid property. The charge is a felony because the ring is worth more than $1,500, Morris said. He said that by law, when "a person comes into control of property that they know to be lost or mislaid, they must take reasonable measures to restore the property to its owner."
"That did not occur in this case," Morris said.
Tanya Jeffords, one of four attorneys representing [the attorney], released a statement on behalf of her client Tuesday:
"No matter what shadow the Sheriff and the District Attorney's office tries to cast upon [the attorney's] impeccable reputation and her motives, the legal fact is that she did not appropriate the ring for her own use, which is the crime this statute is intending to cover. When she learned who the owner was through the postings online from the Sheriff's office, she promptly turned it in. She knew it was valuable but she had neither sold it nor wore the ring as if it was hers."
FOUR attorneys? Okay, I will take a colleague to traffic court if I get a speeding ticket, but I still think one attorney is enough. Why four? She has probably "hired" any attorney friend who might have gotten subpoenaed as a witness against her. Now they can't be subpoenaed to testify against her. Clever. It's like if four lawyers are in a car driving home from the bar when the driver gets arrested for DUI. He can hire the other three lawyers to represent him so they can't be subpoenaed to testify to how much they saw him drink.
Paula Frederick, the general counsel for the Georgia Bar Association, said no disciplinary action will be taken against [the attorney] unless she is convicted.
It's not "Georgia Bar Association." It's "State Bar of Georgia."
"If she is convicted of a crime, that is a violation of the rules of professional conduct," said Frederick.
Frederick said that if convicted, the bar association will ask the Georgia Supreme Court, which has the authority to discipline lawyers, for an "appropriate discipline." If convicted of a felony, Frederick said, the bar association would likely ask for her to be disbarred.
All of that, for a ring...
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Television's share of global ad spend has 'stabilised' after three decades of steady growth, say ZenithOptimedia. TV accounted for 31% of spend in 1980, 32% in 1990, 36% in 2000 and 39% in 2010. Now the media agency say they expect TV to fall back slightly, from 40.2% in 2012 to 40.0% in 2015. However, sight, sound and motion are going nowhere — it's just a question of how the content is delivered. The growth of online video means that video formats overall (TV plus online video) will continue to increase their share of global spend, from 41.5% in 2010 to 42.6% in 2015.
ZenithOptimedia say total global ad expenditure will grow 4.1% in 2013, reaching US$518 billion by the end of the year. This growth will be continue to be led by developing markets, as has been the case since the financial crisis in 2007, which are forecast to grow by 8% on average in 2013. Developed markets, however, will continue to be weighed down by the eurozone crisis and grow by just 2%.
But which of the media channels will see this growth? Online advertising will see most of it, driven by 'rapid development in social media and online video'. ZenithOptimedia forecast online advertising to grow by 14.6% in 2013, while traditional media will grow by 1.7%.
"Advertisers are willing to increase their budgets wherever they can achieve a strong return on investment," says Steve King, Global Chief Executive Officer for ZenithOptimedia Group. "This means that developing markets, social media and online video are all growing rapidly, supporting continued expansion in global ad expenditure despite stagnation in the eurozone."
ZentithOptimedia also identify what they view as the main risks to growth in 2013. The US fiscal cliff (automatic increases in tax and reductions in public spending that come into effect in January) and the potential for further conflict in the Middle East (which would lead to higher oil prices).
However, on the upside, the agency say the general consensus among economic forecasters is that the global economy will see some more growth over the next three years. The IMF predicts nominal GDP growth will rise from 5.6% in 2012 to 6.9% in 2015 (in the countries included in our forecasts, converted into US dollars at average market exchange rates for 2011).


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No Place to Hide: Alpha Company at Nui Ba Den puts into words what few can imagine and even fewer have experienced--the harrowing and life-altering experience of facing deadly assaults from snipers. The U.S. Army's Alpha Company, deployed in Vietnam in 1969, followed orders sending it toward a mountain, Nui Ba Den. There they encountered North Vietnamese snipers, secure on higher ground, who subjected the company to two days' of unremitting attack. In the end, nine members of the company and two of Charlie Company who came to their aid lost their lives.
The author, Bill Sly, survived both the battle at Nui Ba Den and the Vietnam War. A college degree in history education and his military duties writing narratives to support awards of the Medal of Honor provided him with the background and expertise to bring to life his first-hand experience with the war and this particular engagement. In the pages of No Place to Hide, he tells the story of this company and its men who served, fought, and died and those who survived to remember and to remind others of the sacrifices of their comrades.
No Place to Hide: Alpha Company at Nui Ba Den honors the men who fought together, remembers the sacrifices of those who died, and preserves the history of the events it depicts.


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Josh Wright is finally finding a little time to get acclimated with his new surroundings in the desert of New Mexico.
The 24-year-old North Hall High graduate made a leap of faith May 25 and joined the Roswell Invaders — a baseball franchise in the independent Pecos League, centered in the Southwest — to try and resurrect his pitching career and pursue his ultimate dream of playing in the major leagues one day.
Wright seems to have his arm back in top form, despite the fact that it had been 53 weeks since his last live action during Emmanuel College's appearance in the 2013 NCCAA Division I College World Series.
Now that he's healthy and rested from his time away from the mound, Wright is clocking 93 on the radar gun.
Although the right-hander is drawing a paycheck for playing baseball — a perk in itself — the job is far from glamorous.
There will be long bus rides with only six of the 10 teams in the league located in New Mexico, and the rest in Colorado, Texas and Arizona.
So far, however, Wright likes what he sees after his first four-day road trip and initial outing on the mound in Taos, New Mexico, a town 9,000 feet in elevation and known mostly for its ski slopes.
"I'm having a blast," said Wright, who is one of three players from Georgia on the Roswell roster. "Everyone treats it seriously, but we're able to have fun at the same time.
"The fans have been great and the coaches do a great job."
Wright's opportunity in New Mexico came just at the right time. According to his father, Ken Wright, Josh had driven to the Cincinnati area in April to try for a spot in an independent league in the area, but didn't make the cut. Many believed that was his final stand as a baseball hopeful.
In the summer of 2013, Wright was recruited to play for the Las Vegas Train Robbers, but couldn't physically handle the wear and tear on his arm after throwing too many pitches in college.
Still, Wright wasn't ready to give up. He kept training at Emmanuel and later joined up with Trent Mongero, his former high school coach, to work with the Trojans' summer league program.
That was when Wright received a call from Invaders coach Rob Warnock, who is from Macon, to gauge his interest in spending the summer in New Mexico.
After some conversation with family and friends, the 6-foot-3 and 205-pound Wright packed his bags, hopped on a plane and headed to Roswell — the city made famous for a reported UFO crash in the late 1940s — to play in the Pecos League.
"I'm more than ecstatic for what Josh is doing," his father, Ken Wright said. "As a dad, as a parent, to see him chase his dreams and that determination he has is incredible."
Teams in the Pecos League boast unusual, colorful names. You have the Santa Fe Fuego, Trinidad Triggers and White Sands Pupfish. And who could forget a name like the Las Vegas Train Robbers?
Still, this is serious baseball. Everyone is chasing the same dream. It's every man for himself.
So far, Wright is on a path to make the most out of his first summer in Roswell, a tourist spot complete with a McDonald's in the shape of a UFO, while he tries to use the opportunity as a springboard into a professional career for years to come.
Right away, Wright got a boost of confidence from Warnock when he learned he would be assigned the role of closer for the Invaders (13-6), who are in the middle of a 12-game homestand.
Wright allowed two hits with four strikeouts over two innings in his debut with the Invaders — a 25-13 win against the Taos Blizzard two days after he arrived.
Then on May 31, the former Emmanuel College standout gave up one hit with a strikeout in an inning's work to get out of a bases-loaded jam and earn his first save in an 8-6 win against the Raton Osos Bears.
Wright knows the odds of a successful pro career remain stacked against him, but he believes he's capable of making it happen. What excites him most is that he's landed in a baseball league that has a sound reputation for producing talent. He believes that if he keeps throwing well, he'll get noticed by the right people.
According to his father, 19 players from the Pecos League have signed contracts with Major League franchises over its first three years in existence.
"Independent ball is exactly that — it's a chance," Mongero said. "If you have a dream to play in the major leagues, you have to take everything that comes along.
"This is one of those. He's getting paid to play baseball. If you get in there and do a great job, you can get picked up out of independent leagues, especially pitchers.
"If you can get in there and earn your keep, there's always a chance to move on. It's a small one, but for someone who's chasing a dream, that's all you need."


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Lisson Grove NW1 5BD London United Kingdom
Area: --
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Book online or call +39 041 8624040
view info & map
Property Location
A stay at this apartment places you in the heart of London, within a 15-minute walk of Madame Tussaud's Wax Museum and Lord's Cricket Ground. This apartment is 0.7 mi (1.1 km) from London Business School and 0.7 mi (1.1 km) from Royal Academy of Music.
Make yourself comfortable in this individually decorated apartment, featuring a kitchen with a full-sized refrigerator/freezer and an oven. Complimentary wireless Internet access is available to keep you connected. A private bathroom has a deep soaking tub and complimentary toiletries. Conveniences include a desk and an electric kettle, and housekeeping is provided on a limited basis.


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Using some packaged products is a necessity in today's world (we know you're too busy to can your own tomatoes and mill your own flour!). To help you choose wisely, we've curated this comprehensive product guide covering snacks, pantry staples, household goods and much more — everything you'll need to stock a clean home.
We reviewed hundreds of submissions to narrow down the field to these outstanding products. We tasted them, scrutinized the ingredients and examined the packaging. Here's a glance at the criteria we used to select this year's winners.
1. GREEN PACKAGING. Choosing products with recyclable packaging and companies with an anti-landfill policy are key considerations for us.
2. THE CONVENIENCE FACTOR. Products should make your life easier – and we found plenty that do just that, saving you loads of time in the kitchen.
3. ON TREND. We always keep you in the know on the newest must-try products and ingredients – this year, keep an eye out for our new adaptogen and gut health categories!
4. CLEAN, WHOLESOME INGREDIENTS. Every winning product has been vetted for its ingredient list, with no additives, preservatives or fillers.
5. THE TASTE TEST. Our judges tried every single product in this guide to ensure it meets our high-standards for taste. Because what good is a healthy product if it doesn't taste good?
6. TEXTURE, TOO. Mouthfeel counts, too, so we look for snacks with just the right crunch and rich, creamy treats.
7. EFFECTIVE & NONTOXIC. We examine the ingredient list for all household products to ensure they are free of harmful ingredients, as well as run them through the Environmental Working Group's database (if applicable) to ensure they have an "A" or "B" rating for safety against harmful toxins. We also test them vigorously to make sure they're effective.
8. EASY TO FIND. Most of the winners are available in stores nationwide. In a few cases, we made an exception for a unique item that was worth ordering online.
9. ORGANIC, SUSTAINABLE & GMO-FREE. Our philosophy focuses on organic, sustainably sourced and GMO-free foods, and we selected only products that are in line with that.


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MJK wrote:..and that alone precludes me discerning the lack of factual cohesion surrounding this incident? Or were you planning to eventually refute something I stated?
So I gotta read Crowdsource (AKA a fancy techno term for Cherry Pick) news and refute it?
Nope. Seen that before about 9/11. (The thing I actually witnessed cuz I was there).
90-ish percent say "the planes hit it and it fell down" and a small percentage say "seemed like a controlled demolition"
The "seemed like a controlled demolition" part is "crowdsourced"
the 90ish percenters are "trolls"
When something happens, do you actively try to find out how it did not happen or do you wait for someone to tell you it didn't?


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We have water pumps for your pond or water feature, aquarium, or fountain even. If you need spares give us a call, as we do keep some in stock and are happy to order anything we don't have. Our range includes submersible pumps, sump pumps, and external pumps. Remember it is important when choosing a water pump to consider the 'lift' as well as the output. The 'lift' is how high a column of water would be raised by the pump. This is especially important for fountains, water features, and anywhere the water needs to be raised any significant distance above the pump.
Air pumps, or compressors, are available in a variety of sizes from 1.8w models that are suitable for a small aquarium through to 140w models that move well over 100 litres of air every minute. Noise can be an issue with air pumps so we try to source the most powerful and quiet pumps we can get. We also have a wide range of air diffusers (air stones), piping, and connectors.
So please pick up the phone and call us if there is anything in particular you are looking for, but also feel free to pop in and see us. For a map of where to find us please click here.
We are happy to help with any pond supplies or hardware you might need. Just give us a call on 01656 663030 and let us know what you need, or the problem you have, and we will do our best to help you out.
At Animal and Garden Supplies we deal with many wholesalers and importers so we can get the right product at the right price for you, and we are always available to advise where we can.
If you have a specific project in mind, such as installing a new pond or water feature in your garden, why not pop in to see us and discuss your requirements. We may require a small deposit prior to ordering, but we will let you know if that in required.
Maybe you have an item that has stopped working, or you are unsure about it, then bring it in and we will take a look at it for you. We are able to get spare parts for most makes of pump.
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Other articles to inspire...


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At Leaf Slugger™, we are people with a true zeal for gutter protection. That might seem, at first blush, like a strange thing to be passionate about. Most people don't spend much time thinking about gutter protection at all, but that's the very reason we feel so strongly about it-we know that it's far too often neglected, and we're enthusiastic for helping address your gutter protection needs so that you don't have to!
We believe that what we offer our clients is truly meaningful. Our gutter protection technology keeps homeowners from having to clean their gutters, which not only saves them time, but also saves them from potentially life-threatening accidents. What's more, out gutter protection products can make a whole world of difference in protecting homes from moisture and water damage.
The Origins of Leaf Slugger™
Our company was founded in 2001 in the beautiful hills of Hickory, North Carolina. We began with two core principles-quality, and value-and with these two facts:
[plain]That in the United States, there is a $100 billion industry to repair problems related to water damage-problems that are almost always avoidable through proper gutter protection.
Inferior gutter protection techniques have been around ever since 1906, when chicken wire was first used to guard gutters from debris.[/plain]
From there, we surveyed the most common problems with existing gutter protection technology-and applied our own expertise and innovation to come up with viable solutions:
[plain]Problem 1: Attaching a gutter protection product to a gutter actually weakens the gutter.
Leaf Slugger Solution: We designed our unique Speed Bracket-which actually strengthens gutters when it's applied properly.[/plain]
[plain]Problem 2: A gutter protection product must allow water into the gutter while keeping debris out.
Leaf Slugger Solution: Our product has a water-directing opening of just 3/8″-the smallest in the industry![/plain]
[plain]Problem 3: Gutter protection technology must be stable enough that it won't blow away in severe weather.
Leaf Slugger Solution: Our technology is tested and certified to withstand 110 mile-per-hour wind loads, and up to 190 pounds of pressure. You can stand on this product and it won't break![/plain]
[plain]Problem 4: The system must also be strong enough to handle huge volumes of water, snow, and ice.
Leaf Slugger Solution: We innovated an attachment system that keeps our product anchored to the roof and to the gutter.[/plain]
And those aren't the only concerns we address, either. We loaded our product with other features.
Additional incorporated features:
- We make our product with primary materials-including the thickest (.027 gauge) aluminum used in the industry-to ensure it has a long life.
- We designed the product with installation flexibility; attach it to either the roof or the fascia board.
- Our gutter protection system has the lowest profile in the industry, ensuring it looks great with your roof line!
- Our system is designed to attach on top of your existing gutters, which not only saves you from costly replacements, but it is also Earth-friendly!
- Our product comes in a dozen different colors-that's eight more than what most other companies offer!
- Leaf Slugger's™ products are all proudly made in America.
A Growing Company, A Successful Company
Through tough economic times and an ever-changing industry, many companies that manufacture gutter protection products have failed to last-but Leaf Slugger™ continues to thrive, thanks entirely to the high quality of our product. Our company has grown every year since its inception, and to date, we've installed our product on more than 100,000 gutters. That's more than 15 million feet of gutter protection!
Our Warranty-
Leaf Slugger™ offers a warranty on our product-but the truth is, you won't need it. We almost never get warranty or service calls, because our product simply works. It's designed to do precisely what it says it does, and that is to protect your home and your gutters, without fail!
Thanks to You
We like to think that part of our company's success comes from our fine product, but we know that, ultimately, it's because of our loyal customers. We offer our sincere thanks to you, for choosing to protect your family and your home with the products from the Leaf Slugger™ family.


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Dallas Observer reporter Matt Pulle has asked his editors to give you the following information: He has no opinion about the size of former Dallas County Deputy Constable Jim Gilliand's behind, no interest in procuring sexual partners for Constable Mike Dupree and nothing to do with anonymous phone calls to Gilliand suggesting otherwise.
That's pretty much all you really need to know, so unless you're interested in some inside baseball details about reporting and the seedier side of local law enforcement, you might want to turn the page.
For the rest of you: On February 19, someone made a series of harassing calls to Gilliand's cell phone from a number that was blocked on Gilliand's caller identification. That person left about a half-dozen voicemail messages calling Gilliand "fat ass" (he's plump) and suggesting that he could get his job back if he fellated his old boss Dupree. (Dupree's gay.)
Constable Mike Dupree
Then Gilliand received another call, this one from an unblocked number. That caller didn't leave a message. It was Pulle, who had interviewed Gilliand previously about controversy surrounding Dupree, who late last year arranged to have a former sex partner deported to Honduras after their relationship went sour. (See "Cold as ICE," January 4.) Dupree admitted to Pulle in an interview that he had sex with the younger man, but said their relationship evolved into more of a father-son bond.
Gilliand returned Pulle's call and spoke to him for 13 minutes, according to Pulle's phone records from Cingular, which show only those two calls between the pair February 19. Later that evening, Gilliand called the Ellis County Sheriff's Department to complain about phone harassment. Unfortunately, Gilliand assumed the blocked numbers with the unpleasant messages and the one unblocked call with no message came from the same number, which he gave to a sheriff's deputy, who passed it on to an investigator. The investigator went to the district attorney's office, which sought information on the telephone number but not the blocked calls. Six weeks later, and the sheriff's investigator tells Gilliand the number belongs to Pulle, which Gilliand might have known, seeing how he called Pulle several times at that number over the ensuing weeks.
Gilliand is suing Dallas County for wrongful termination from Dupree's office and has attempted to persuade Pulle to write about his case, which is one reason why he told the investigator he had no wish to file charges.
And so it might have ended, except that about two weeks ago David Webb, a reporter with the local GLBT paper the Dallas Voice, called the Observer seeking comment on an Ellis County sheriff's report that said Pulle was a suspected telephone harasser. Webb said he had heard about the report a while ago but decided not to follow it up because Gilliand said he wasn't pursuing the case. Dupree, however, was encouraging him to write a story, Webb said.
Pulle's editor—yours truly—denied Pulle was harassing anyone, then, after ending the call with Webb, suggested to Pulle that he should provide his phone records, pronto. It's not that anyone here thinks Pulle is crazy enough to make harassing calls. Still, given some of our previous staff, our motto is "trust but verify." Pulle's phone records clearly indicated he didn't leave the harassing messages.
The next day, Gilliand, Pulle, Webb, Webb's editor Tammye Nash and the Observer's editors gathered in our offices to listen to Gilliand's tape of the messages and pass around Pulle's phone records. Webb and Nash decided they had heard enough. Not Pulle. No story.
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And again it might have ended, except for Dupree campaign advisor and blogger Geoff Staples, who on the Web site www.turtlecreekdemocrats.com last week reported the general contents of the Ellis County sheriff's report—without actually having seen it. Someone read the report to him over the telephone, he told us, though he would not say who. We have a suspect in mind, but we're not saying who either.
Staples' blog post upset Pulle, who, being relatively young and having worked at the Observer for only 22 months, still has a reputation to worry about. Pulle also expressed concern that he might coincidentally find himself arrested in Dallas County—for, say, drugs found in his car, even though he doesn't do drugs. This might seem a little paranoid on Pulle's part, unless you've read some of the claims made in sworn statements by Dupree's own deputies. (See "The Hits Keep Comin'," April 12.) So, on Friday we hauled Pulle and his phone records to Staples' home on Turtle Creek, where we suggested that Staples should, in fairness, amend his blog post. He did.
Ellis County sheriff's Lieutenant Kevin Ketchum, meanwhile, said Monday that his office is reopening the investigation into the calls to Gilliand and therefore couldn't comment. He did say that the case was reopened thanks in part to a faxed letter from "some lawyer." That lawyer would be Steven Suskin, Esq., attorney for Village Voice Media, owner of the Dallas Observer.
We'll keep those of you who read this far posted on the outcome of that investigation, which could take several weeks, though frankly we think you should concern yourself with more important issues—like the fact that constables and their deputies are lawfully entitled to carry guns and shoot people.


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Inspired by: Craftsy Modern Quilting class
Fabrics: The grey was a Christmas gift. The petals were from my scrap drawers. The back was an amazing find at MCC.
Thoughts: This is a quilt that's been on my list for at least 6 months.
It's one of seven projects in a modern quilt class I took on Craftsy. Sort of. I mean, the style (melon or orange peel) was used in the Craftsy class, but I had no wish to individually appliqué 36 petals on to individual squares then piece them all together and blah blah blah.
Remember the hexis I did? Click here to refresh your rememory. It was the first time I sandwiched a top and then added the details after. I knew I'd need to do it again,
Note to self: Hand positioning is critical if you don't want jogs like the oopsie above.
This might just be top five for me. I really like it. I'm a little annoyed by the shrink. Either I needed to wash the grey a second time or my 20p / 80c batting shrunk a bit.
There it is. I have two more from this Craftsy class to quilt - one is by hand and it's on a frame - it will be a while. The other is ready to go whenever I get the urge. When it's done I'm calling this a complete (because the hand quilted one will take forever) and starting a new course.


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Human Resources Manager
- (202) 942-4232
- email@example.com
Andrea Bassil is responsible for the administration of employee benefits and the processing of employee paychecks. She approves new plans and prepares announcement materials, booklets and other media for communicating changes to employees. She handles benefit inquiries and complaints to ensure quick, equitable and courteous resolutions. She also maintains health enrollment, applications and claims for all benefit plans, and she maintains payroll records by updating employee information such as exemptions, transfers and resignations.
Andrea also started NACo's Wellness Committee and leads NACo's Spirit Committee.


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The Digital Humanities in Research and Teaching
Spring 2012
CUNY Graduate Center
Profs. Brier and Gold
Final Project Assignment
Assignment: Write a 10-15 page proposal for a digital humanities project. Prepare an oral presentation about the project for our final class session.
(Note the following assignment was based on the guidelines for the NEH Digital Humanities Start-Up Grant competition)
As the culmination of our digital humanities course this semester, write a proposal for the planning or initial stages of a digital humanities project that grows out of our readings and discussions this semester. Your project can be on any topic within DH (broadly understood), and the proposal should be modeled on the NEH's DH Start-up Grant competition, which is meant to support projects still in their planning stages. Sample projects might include:
• research that brings new approaches or documents best practices in the study of the digital humanities;
• planning and developing prototypes of new digital tools for preserving, analyzing, and making accessible digital resources, including libraries' and museums' digital assets;
• scholarship or studies that examine the philosophical or practical implications and impact of the use of emerging technologies in specific fields or disciplines of the humanities, or in interdisciplinary collaborations involving several fields or disciplines;
• innovative uses of technology for public programming and education utilizing both traditional and new media; and
• new digital modes of publication that facilitate the dissemination of humanities scholarship in advanced academic as well as informal or formal educational settings at all academic levels.
Your written proposal should include the following sections:
1. Table of Contents
2. Abstract
Provide a clear and concise one-paragraph abstract of your project written for a non-specialist audience, clearly explaining the project's principal activities, and its expected results. Also explain why the project is innovative and what it will contribute to a particular discipline or the humanities more generally.
3. Narrative
The narrative should not assume specialized knowledge, and it should be free of jargon. It should clearly define technical terms so that they are comprehensible to a non-specialist audience and it should provide an intellectual justification for the project and a work plan.
• Enhancing the humanities through innovation
Provide a clear and concise explanation—comprehensible to a general audience—of the project activities and the ultimate project results, noting their value to scholars, students, and general audiences in the humanities. Describe the scope of the project activities, the major issues to be addressed, and their significance to the humanities. Show how the project will meet its objectives in innovative ways.
• Environmental scan/DH Context
Provide a clear and concise summary of an environmental scan of the relevant field. The goal of an environmental scan is to take a careful look at similar work being done in the applicant's area of study. For example, if the proposal calls for developing software to solve a particular humanities problem, please discuss similar software developed for other projects and explain how the proposed solution differs. If there are existing software products that could be adapted and re-used for the proposed project, please identify them and discuss the pros and cons of taking that approach. If there are existing humanities projects that are similar in nature to the proposed project, please describe them and discuss how they relate to the proposed project. The environmental scan should make it clear that the applicant is aware of similar work being done and should explain how the applicant's proposed project contributes to and advances the field.
Additionally, this section of the narrative should situate the project within the larger theoretical, historical, and social context of the digital humanities, using our readings for reference. How do the theoretical concerns of this project fit within the grander scheme(s) of DH as we have explored them this semester? What connections can you make between your project and the readings we have done?
• Work plan
Describe, as best you can, the specific tasks that will be accomplished during the project and when they will be accomplished. The order and sequence of the plan is of more importance than proposing any specific dates.
• Final product and dissemination
Describe your plans to disseminate the project results through various media (printed articles or books, presentations at meetings, electronic and/or social media, or some combination of these). Discuss how the project's ultimate result is likely to be disseminated and what provisions will be made for the long-term maintenance of the product. Discuss how the activities of the project will be useful to the field.
4. List of Participants
You may be creative here and list prospective participants you would like to include. Participants may also be listed by role (ie., "Drupal programmer").
5. Project budget
Provide a speculative draft budget for the project. Use your best estimates for work involved in the project.
During our last class of the semester, all students will be asked to make short presentations (5-10 minutes) about their projects.
In-class oral presentations/pitches: May 16
Written Proposals Due Date: May 25


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Describe the cognitive approach in psychology. Evaluate the research methods used by cognitive psychologists.
- Created by: Paulina Gorska
- Created on: 10-04-16 00:40
Describe the cognitive approach in psychology.
Evaluate the research methods used by cognitive psychologists.
The cognitive approach is concerned with mental processes to help us understand why people behave in certain ways. The approach uses scientific and experimental methods to measure mental processes which results in rejection of the psychodynamic use of introspection. The cognitive approach has three types of enquiry: neuropsychology that looks into brain damage, amnesia etc and how these impact our behaviour, cognitive science that is concerned with theories and theoretical developments of the approach and experimental cognitive psychology that investigates all types of mental processes in healthy people in controlled experimental environment in lab conditions such as the Ebinghaus study in 1885. The aim of the study was to investigate forgetting and the long term memory decay which resulted in looking at nonsense words like PEZ, URB. It showed that is the words weren't practised a day, week and twp weeks after the first time they will be forgotten much faster. The experiment was conducted under controlled time conditions where the variables were highly controlled. Another strength of the research methods is the fact that standardised procedures are easy to replicate because the variables can be easily adjusted and the data is objective. However, the experiments are highly artificial and unnatural; when people are briefed beforehand demand characteristics may occur and data can be…


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Reality set in last week and I can honestly say I was happier in my delusional state. Don't worry nothing bad happened, just some disappointment on my part. As the boys seem to be doing so much better every day and functioning really well at school, I had convinced myself that somehow we could find an activity that would be considered "typical" for someone their ages.
Over the years hubby laments that no matter how well the boys do, there is nothing in their lives that is "typical." They did not go away to college. They did not drive at the allotted age and still don't drive (of course for MrGS it has to do with seizures, but that is another story.). They still need one-to-one support in school. They have no friends. The list goes one....
So I decided that there was one thing that they could do that all the young people their age was doing and that was going on the Birthright trip to Israel. Birthright has become a right of passage for Jewish-American young people. After the bar or bat mitzvah, the next step in their Jewish education is to go on these trips to Israel where they can have a tactile relationship with their Jewish heritage. So many of the boys' peers have gone on these trips and the reports are fantastic. For students who have even spent their junior year abroad traveling around Europe, nothing compared to this trip to Israel I have been told.
The best part was that the Birthright organization even established a trip geared towards those with aspergers syndrome. I figured it couldn't get any better than that. A trip all their peers were going on, chaperoned by people that actually understood their needs and their issues, with other students that were just like them. And yes, I know several young people with aspergers who had even gone on the regular Birthright trip and had a blast..... Then the reality hit.
I actually had applied to the trip. Sent in all the paperwork and discussed with the boys about going. Now MrGS and CM2 were nervous of course. Not because its Israel, but travel for them is tough at times. Then hubby mentioned to me a truth that I just wanted to ignore...
If the boys still need support in school, and we don't even let either of them travel alone into our small town center, how are we going to send them halfway around the world? Honestly I had figured that it was an aspergers support trip so they would know how to help and handle the boys, plus if we were in Israel ourselves at the time of their trip that was an added safety-net if they didn't do well on the trip. We could just collect them.
However, not only weren't there any airplane tickets left for that time of the year, well reasonably priced ones at least, (it is not smart to try to go to the Holy Land at the last minute the week of Christmas- and yes, planning such a trip in September is last minute) plus the hotels that were left unbooked were also exorbitant. So no, hubby and I would not be "in-country" if the boys went.
Then my mother had a point too. She reminded me that even with aspergers there is a huge disparity in functioning level. That there are those with aspergers that are alot more independent than the boys and that is probably who is headed for this trip. I had to agree. The trip is planned so that those with aspergers are more comfortable (slower schedule, more downtime than a typical Birthright trip), but I am certain that the organizers expect a certain level of independence that the boys simply have not reached as yet.
So I called and removed their names from consideration.
Then I went into a big funk.
For all the success in school and even in their daily lives, the boys have yet to reach that level of "typical" that you want for your child. And yes you want "typical" so that they are independent, happy and self-sufficient. You want to know that they are going to be able to take care of themselves and get along in this world just like everyone else. I just wanted something that the average person their age did. Is that so terrible?
I suppose the reality is what hubby said a few years ago.... the boys still need us too much. We can't die yet. Or as I wrote under the hashtag #youmightbeanautismparentif You have a will and a guardian all picked out, but know that u can never ever die......
I keep that reality in the back of my head and recognize the fear that something will happen to us before the boys are fully ready to take care of themselves. Hubby is still worried that that day of self-sufficiency will never come for the boys. I suppose so am I. Independence and self-sufficiency for the boys is our greatest goal and the one we work towards. Right now its baby-steps but at least we are going forward, just not as fast as I would like sometimes I guess. I unfortunately forgot my own advice- stop projecting about the future and take each day as it comes. Then one day when you look back you will see just how much progress your child has made. Of course, you still need a plan, goals and an endgame.
In truth, I think I just wanted to forget about "autism" for awhile I suppose. I wanted to fool myself into believing that there was less to worry about than was real. I wanted to pretend that we have less work to do then we need to.
Somehow there are times, when reality still gets the better of me, even after all these years.


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Heshy Berenholz - Weekly Chumash Class
Musings on Parshat Bechukosi
Musings on Parshat Bechukosi
Heshy Berenholz
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Heshy Berenholz
Musings on Parshat Bechukosi
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Following are some of the ideas, insights and interpretations that emerge from our weekly Chumash learning group at the Young Israel of Oceanside, Long Island. We cite sources when possible. Some of our interpretations derive from ideas we may have seen elsewhere, possibly without attribution. Or we may simply have forgotten the source. For this we apologize. We invite your comments, observations and participation.
Seven positive mitzvahs and five prohibitions
Rewards for observing mitzvahs
• Fruitfulness of the land
• Peace in the land
• Victory over enemies
• Prosperity and population growth
• Divine Presence will be felt in the land of Israel
Punishments for disobedience (Tochacha)
• Sickness and defeat
• Famine and wild beasts
• Horrors of siege
• National destruction and Exile
• Repentance will bring restoration
Valuations of dedications to the Temple
Consecration of animals to the Temple
Consecration of real estate to the Temple
Redemption of Second Tithe
Animal Tithes
"Eem B'chukosi Taylachu…"
This opening verse of the parsha means "if [or when] you walk in [pursue] my statutes…" then you will be rewarded with blessings for your obedience. Building on the similarly sounding Hebrew word "chakuk" which means engraving on stone (in contrast to writing with ink on paper or parchment), the Lubavitcher Rebbe perceives a deeper meaning here: blessings are earned by those who constantly and consistently "walk" (i.e., lead their lives) experiencing the words and ideas of the Torah day-in day-out as if they were engraved on their hearts and minds--much like permanent and deep stone engravings. The root is also related to chok, those divine laws that appear to lack any rational explanation. Rewards are bestowed on those who observe even these difficult-to-understand mitzvahs.
Recurrence of a root-word highlights the major theme of the text, according to Martin Buber. The Hebrew word "keri", which is repeated seven times, can mean "haphazard" or "natural accident" or "indifference". It is the belief that what happens to a person is simply a matter of chance (Rambam). It is this indifference, this trivialization of the relationship between the nation of Israel and God ("If you walk with me with keri") that brings on national calamity. God responds by walking with us with keri.
Variations of the Hebrew root-word for desolation (shemama) occur some six times underscoring the bleak and devastating conditions that will result.
Several times the Torah repeats that we will experience "the punishment for your sins sevenfold". The number seven links to the days of creation; to the years of Shmeita and to the seven cycles of Shmeita leading to Yovayl.
Why Are the Blessings of a Material, Not Spiritual, Nature?
If the ultimate goal is to achieve rewards in the world to come wouldn't it be more appropriate for the Torah to focus on the eternal spirituality and not the worldly, temporary materialism? Both Nechama Leibowitz and Rabbi B.S. Jacobson cite a number of approaches to dealing with this issue:
Achad Ha'am argues that the concepts of the world to come and resurrection of the dead developed only after the nation lost its independence and fell into a deep malaise. The pressing national depression precipitated a replacement of national destiny with concepts promising individual salvation.
Ibn Ezra thinks that the blessings were stated in general terms but the curses in very specific language in order to frighten and deter the listeners. Blessings would be immediate but the curses would occur gradually. First there would be minor sufferings, to deter further sinning. But if the evildoing persists, then the most serious curses would be inflicted. Furthermore, the Torah purposely concealed the ultimate spiritual rewards to prevent misunderstandings. Because the world-to-come (Olam Habah) concept is too difficult to explain in a group setting, rewards are presented in a commonly understood language that the masses could relate to.
Rambam believes that this Olam Habah concept is unfathomable. Material rewards are not meant to be the ultimate rewards. Rather, their existence provides an environment conducive to good conduct, thereby facilitating our ability to achieve the ultimate, true spiritual experience. Our conduct in this world determines our fate in the world to come. Ideally, one strives to perform mitzvahs for their intrinsic value and not for any ulterior motive.
Ramban points out that the listed blessings of Nature benefit the entire group. God weighs the behavior of the majority of the people in determining reward or punishment. Individuals, on the other hand, are judged individually by their own behavior. We prosper or perish based on our own actions. The Midrash observes that the first paragraph of Shema-- which is addressed in the singular to the individual -- makes no mention of rewards.
Joseph Albo thinks that promises to the nation as a whole cannot be spiritual so must necessarily be material. He cites a number of instances in the Torah where spiritual recompense is alluded to when addressing the individual.
Isaac Arama notes that, in fact, the Torah does repeatedly stress the spiritual rewards for good behavior: "…And I will set My abode among you… And I will set My abode among you, and will be your God, and you shall be My people". Once we are freed of the mundane worldly, material challenges, this spirituality can be experienced and can thrive.
Sara Lee Boshnack speculates that the then-existing slave mentality necessitated promises of things that were tangible and immediate.
On the Tochahcha (Admonitions/Warnings)
Based on the wording and frequent referral to the land ("Sabbatical rest"; "land will enjoy its Sabbaths"), it appears that these punishments were triggered by the nation's failure to observe the Shmeita and Yovayl years. Both topics were discussed in immediately preceding sections. Now, as the depopulated land lies barren, the violated Sabbaths will be made up ("then shall the land expiate its Sabbath years").
Rabbi David Fohrman offers an intriguing hypothesis that links to the Garden of Eden story. In both instances there are the Divine blessings of prosperity; of conquest and dominion; of peace; and of lushness and fecundity. Rashi's comment on the verse "I will stroll among you and I will be your God" is "I will walk with you in the Garden of Eden and will be like one of you". The promise to maintain a relationship with God is contingent on accepting God's dominion over all the goodness He has granted us. In the Garden of Eden it was manifest in the commandment to not eat from the Tree of Knowledge of Good and Evil. Here it is to observe the land's Sabbath(s).In Rabbi Fohrman's view, the divine restrictions in place (in the Garden of Eden) and time (Sabbaths) make the point that all the goodness that accrues to us derives from God and, as such, we are obligated to acknowledge and to follow His dictates.
By not accepting God's edict to them, Adam and Eve communicated their belief that they could act any way they pleased because they felt that it was they (and not God) who were "masters of the universe". The consequence of their behavior was a breakdown in their relationship with God; they were forced to hide from God's anticipated anger. By now again offering the nation peace and prosperity, the Torah is giving us a second chance to cling to and walk as one with God -- by acknowledging that these gifts are from Him. By violating the Shmeita and the Yovayl laws, we demonstrate (like Adam and Eve) that we think that we are in control, not God. The inevitable consequence of such belief and behavior is a loss of the close relationship we once had with God i.e., the curses and horrors of the Tochahcha.
There is an elegant symmetry between some of the words of blessing and punishment:
"If you …are careful to keep my commandments" vs. "If you…do not keep all these commandments"
" …the land will bear its crops and the trees of the field will provide fruit…You will have your fill of food" vs. "Your land will not yield its crops and the trees of the land will not produce fruit…You will be forced to eat the flesh of your sons, and make a meal of the flesh of your daughters"
"You will chase away your enemies" vs." ...Your enemies will dominate you. You will flee even when no one is chasing you…you will be defeated by your enemies".
"I will turn (My face) to you" vs. "I will set My face against you"
There is a second Tochacha recorded in parshat Ki Savo; it represents punishment for our failure to observe Torah b'simcha u'vetuv layv--with joy and goodness of heart. That one contains 98 curses (double the size of the one in this week's parsha) and is filled with frightening words, haunting images and an awesome array of curses far exceeding and overwhelming the preceding blessings:
Ramban's view is that the two Tochachas refer to the destruction of the first and then the second Holy Temple.
Rav J. B. Soloveitchik' s opinion is that the first Tochacha relates to God's past Covenant with us, while the one in Ki Savo relates to the future. The consolation is that at the conclusion of all the punishment and all the suffering, the Jewish people will repent and return to God.
Rav Yissocher Frand elaborates: "The Destruction of the First Bais HaMikdash and the Babylonian exile which followed it had a prophesized finite end to it. The prophets foretold that the people would be in exile for 70 years and following this 70 year period, the Jews were given permission to return to the Land of Israel (where they eventually rebuilt the Bais HaMikdash). Therefore, it makes sense that the Tochacha which foretells the Babylonian Exile features the consolation in close proximity to the end of the chastisement.
We do not know of a specified date for the redemption from the Destruction of the Second Bais HaMikdash. We have now been in this exile for close to 2000 years! However, there will be an end to this exile. When will that occur? We do not know, but it will come. This is precisely why the consolation does not immediately follow the Tochacha here [in Ki Savo]. We need to wait. We need to wait until we return to our God. Eventually, we will get out of it because in the end Israel will repent and immediately thereafter they will be redeemed …but we do not know when that is going to happen."
The Ohr HaChaim (1696-1743) suggests that the Tochacha here is in the plural because it was meant for a time when the entire nation would sin. But in Ki Savo the Tochacha is expressed in the singular because it is addressed to individuals who act inappropriately even if the nation as a whole is not sinning.
In Ki Savo, as the Israelites are about to enter the holy land as ish echad blayv echad, with a strong sense of national unity and identity, they are spoken to as one organic whole, in the singular. Here at Mt. Sinai the Israelites are spoken to in the plural because they were a rag-tag group of individuals that has not yet coalesced into a unified nation.
Rabbi Jonathan Sacks notes three significant differences between the admonitions here and the scolding presented in Sefer Devarim. Here the wording is in the plural; in the Book of Deuteronomy it is in the singular. Here the words are God's; in Devarim it is Moshe speaking. The curses in Devarim conclude with the vision of a future filled with bleakness and pessimism. Here God assures the nation that even in their worst hours they will never be destroyed. He still loves us and promises reconciliation if only we change our behavior. His Covenant with us remains in force. The people of the nation of Israel will continue to have a shared fate, destiny and responsibility for one another. And it is this responsibility, argues Rabbi Sacks, which demands that each of us become leaders, to originate acts of kindness that can sometimes make a major difference in the world. Out of the promised suffering and retribution will rise, like the mythical Phoenix, a people with a re-enforced sense of helping one another and aiding humanity. Rabbi Sacks concludes "… that even the smallest Jewish community can turn to the Jewish people worldwide for help to achieve things that would be exceptional for a nation many times its size. When the Jewish people join hands in collective responsibility they become a formidable force for good."
"Hope Despite Holocaust"
Nechama Leibowitz's analysis of the text concludes that there is the promise of an optimistic outcome embedded in the horror of the Tochacha.
Israel will lose its state; witness the destruction of the Temple; and experience a dispersion of its people. Its land will become so barren and desolate that "…enemies that dwell therein shall be astonished at it." These enemies, astounded by the lack of everything and by the prevalence of disease and plague, will recognize that this desolation was caused by Israel's sinning. Rashi's interpretation is that this astonishment is good. It means that no foreign power will want the land and try to conquer it. As history has shown, many nations tried to settle in the land, but none ever succeeded. The Divine promise among the ruins has kept the land for the Jewish nation.
"And you will I scatter among the nations" means that the people will be, in Rashi's words, "scattered like chaff, with the winnowing fan, with no one particle coming into contact with another." But the Talmud perceives a blessing in that our enemies will be unable to engineer a total destruction of our people scattered around the world.
"And I [God] shall bring them into the land of their enemies" appears to be another punishment. But the Maharal points out that the Hebrew word for "bringing" has a positive connotation and implies concern and care. God will not just send us away, but He will bring us Himself and be with us through exile and wanderings.
One of the closing verses of the Tochahcha says it all: "And yet for all that, when they are in the land of their enemies, I will not reject them neither will I abhor them, to destroy them utterly, and to break my covenant with them; for I am the Lord their God."
The Book of Vayikrah Symphony…
…as "conducted" by Rabbi Menachem Leibtag.
The opening overture presents themes regarding the individual yearning for closeness to God by bringing offerings (korbanot).The ensuing movements deal with a host of communal themes…
• The rules and procedures for bringing Offerings and for dealing with states of Tumah
• Centrality of Community
• Our Covenant with God
• Laws that enable us to become Kadosh in our daily lives--separate but not isolated as we engage the world
• Blessings for, and dire consequences of not, observing the Torah law.
The closing Coda of Valuation (ayrchin) brings us back to the individual and his worth. The majority of the Sefer deals with communal issues. But at the beginning and at the end is the melody of individuality in expression and in creativity.
Why Does Sefer Vayikrah End With Laws of Valuation (ayrchin)?
Dr. Alvin Greengart thinks that the depression and feelings of worthlessness that result from reading the Tochacha can be mitigated when we are reminded of our individual uniqueness and worth. Others have suggested that this is a reminder that while this Sefer is filled with communal commandments and ceremony, the Torah demands that we never lose sight of our uniquely individual value.
Some think that the unpleasant Temple housekeeping financial needs are purposely kept for last. But perhaps the opposite is true. Compared to the wrenching, frightening imagery of the Tochacha, donating money for communal needs hardly seems painful at all.
Rabbi H.L. Berenholz
Last edit: 4 years 4 months ago by
Heshy Berenholz
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Musings on Parshat Bechukosi
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