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Focus on Nikesh Shukla, Writer of 'The Good Immigrant', On The Importance Of Showcasing Erased Voices
I have discovered a new word: subaltern, adjective, meaning 'of lower status'. It's also the word used by a branch of postcolonial study, which seeks to uncover a history from below. It's a word that feels particularly relevant to Nikesh Shukla's The Good Immigrant which showcases a British subaltern narrative by bringing together the experiences of Black, Asian and Minority Ethnic (BAME) people via a collection of essays, that would otherwise probably have been lost in the swathe of predominantly white print journalism. The book's strength not only comes in its numbers, but through the uniqueness of each essay inside, ranging from Coco Khan's look at sexuality and fetishisation, through to Riz MC's retelling of his typical treatment in airport security.
The stories are as eye-opening as they are poignant, as they are flat-out funny as fuck. The stories look at individual stories of cultural appropriation, casual racism and microaggressions that range from the painfully-cringey to downright dangerous. Having remained in the Amazon charts for nearly a month (and the currently Radio 4's Book of the Week), the collection has been a total success story. We caught up with Nikesh to discuss how the book came together, the timing of it's release and what people of colour should do to confront stereotypes and take to writing themselves.
When did the idea for the book first come about and how long did it take to put together?
Last year, I remember doing an interview for the Guardian where I was asked to share some writing tips alongside some other authors. When the piece was published, I saw in the comments that a prominent author had cussed out all of us for not being famous enough to give writing tips, and then he went on to say that maybe, cos the journalist was Asian, and we were all people of colour, maybe it's because we were all mates. That was the last time I felt like I wanted to justify my place at the table. I had had two novels come out, done lots of positive activism about books and here I was, with my space being questioned because I was Asian.
Later on that year, I read Citizen by Claudia Rankine and Between The World And Me by Ta-Nehisi Coates. Both are incredible non-fiction meditations on what it means to be black in America today. I wondered at the time whether there was a UK equivalent, and I couldn't see one. There wasn't much discussion in books of race and immigration in the UK today, which was weird because there was a lot of stuff online. I told my friend Musa Okwonga, on Twitter, that I would totally read a collection of essays about race and immigration in the UK but was sad that there wouldn't be one. He reminded me of the Chinua Achebe quote – "if you don't like the story, write your own". So I did.
How did you select the other writers?
It was a mixture of things. I wanted to provide a platform to writers of colour, and use the small status I have to do something positive, and get more representation of writers of colour out there. So some writers I knew and wanted to read more from, some I knew had interesting stories, some were wildcards I thought were great online presences but didn't know much of, and some were non-writers with stories to tell. So it was a mixture. I commissioned them all because I knew they had something interesting to say, and because, often, writers of colour aren't given the platform to tell their own stories in their own voices, my job, as editor, was to get out of the way as much as possible and give them the space to speak their truths. I love what Josie Long does with her charity, Arts Emergency, where she says she's building an alternative old boys' network, to circumvent the one that has kept marginalised communities from excelling for years, and I love that idea. So that's what I'm trying to do with this book: give this platform to amazing writers and spread the network so that they can bring new voices they know through too.
Why did you choose to do this project now?
The 'now' of this project is interesting. Because a lot of its genesis was about representation of voices of people of colour in books and the media in general. And then, as we approached the referendum, it became timely, it became needed. It feels like it was always needed. We're in a strange time. We want to write about race, because, as people of colour, it affects us the most, but also, we don't want to only do that. So this feels like a statement, a line in the sand, that now we've done this, we expect more space for our voices.
Was the timing of its release coincidental or stimulated by Brexit? How much of an impact did Brexit have on the book, if any?
Entirely coincidental. So it's funny, it took on a new meaning when it came to the referendum, and the post-referendum spike in hate crime. We wrote the book and finished it in April/May, so it was entirely outside of the referendum, and it needed to be, it needed to be timeless, it needed to not be a manifesto, and mostly importantly, it needed for the writers to write their truths without being backed into a corner by outside political forces. This is why the book never mentions it, nor does it acknowledge the rise in hate crime. Because the book is about race, and not racism. I think the impact it is having is twofold: one: it is giving the narrative around immigration and specifically being a person of colour in this country back to those communities so they can tell their own stories, and it is brining nuance to a debate that has been subverted and ruined by bottom line bigots like Nigel Farage and Kate Hopkins.
You've been vocal about the lack of diversity in publishing, do you think this is restricting upcoming non-white writers?
Yes. It completely is. Chimamanda Ngozi Adichie refers to it as the 'single story'. It has also been referred to as a monoculture. When I think back to that powerful moment I first picked up Hanif Kureishi's The Buddha Of Suburbia in my local library and read it and had it change my life, I realise how important the impact of representative role models has been in my life. And I feel like representation is important to our aspirations, to who we can visualise ourselves being, to where we see ourselves in society. Representation is what gives us the confidence to not feel like imposters or invaders in certain spaces. And representation, most importantly, holds up a mirror to the country we are in. If we were to look at the mirror currently being held up to England, taking Bridget Jones as an example, it's a largely white un-diverse London, first of all, it's middle-class and it is insular. It does not reflect the city I grew up in.
Were there particular collections or novels that inspired you to do this project, and what were they?
Apart from Between The World And Me by Ta-Nehisi Coates and Citizen by Claudia Rankine, I've been really inspired by the essays of Teju Cole and the work on Media Diversified. James Baldwin has been a constant in my life since a friend gave me The First Next Time on my 21st birthday. Mohsin Hamid had a book out last year collecting his essays and articles, which really got me excited about non-fiction again. I think the biggest influence for me has been Rife Magazine, a youth magazine I edit, because what we do with the mag is mentor young people to gain confidence in telling their stories, and when I read their words, brutal, honest, funny, irreverent, important, I realise how brave they are and how much braver I can be in my own work.
A number of the essays are based in and around cities. Which essays could you recommend for say, a very un-multi-cultural Cornwall (where I grew up)?
Varaidzo's essay, in particular, about growing up in a small town and being mixed race, discovering who she is and what she identifies with, is particularly brilliant because it manages to take small particular and significant remembrances and use them to speak about outsider-ness and displacement, with such grace and humility. I think Kieran Yates' piece about going back to the Punjab as a Londoner and trying to navigate the many codes and voices she lives with is particularly important too. And then there's Coco Khan's Flags, which is all about fetishisation and sex and being a woman of colour. It's empowering and funny and filled with such pain. But Himesh Patel's memoir, about growing up in rural Cambridgeshire as the only Asian in the village is a warm and delicate everyday story of acceptance and love.
You do a lot of work with young people in Bristol, and I understand there are plans to do a schools tour with The Good Immigrant. Is education important to the issues in the book?
The tour, I think, is pretty much about representation and role models. I look at the example of Ghostbusters and how a lot of men, 18-40, completely over-catered for in the media, felt shitty towards female Ghostbusters, and in particular, a black female Ghostbuster, chasing her offline in the most despicable way, and I think it's because they can't empathise when they are not the subject of the story. So the tour is, in one respect, to showcase a bunch of role models of colour who aren't sidekicks or bit parts in stories, who take centre stage. But also, to those brown and black kids all looking for representation, we can be that representation. And with the work I do at Rife magazine, time and again, when we do work to build up young people's confidence to tell their stories in their own voices, we hear gratitude that someone is finally listening to them. And that makes me sad, that, as a society, we're still determined to speak for and act on behalf of those who we need to hand this world over to in one piece quite soon.
If you could offer one bit of advice to a young PoC creative who is finding it hard to start, and to manage the 'constant anxiety' you mention in your intro, what would it be?
Be bold. Be brave. Be persistent. Don't ever apologise or justify your space. There is no one story. There is your story. And mine. And if I tell you mine, I want to hear yours.


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Politics are an integral part of the Unification Church's concerns and activities, although the church itself largely remains aloof from politics. The degree of involvement of the movement, as well as some of its specific stances, have also been part of the reason for the movement's controversial status over the years. The belief in the establishment of a literal Kingdom of God on earth and church founder Sun Myung Moon's teaching that religion alone is not enough to bring this about provides a motivation for political involvement.[1]
In the 1940s Moon cooperated with Communist Party members in the Korean independence movement against Imperial Japan. However after the Korean War (1950–1953) he became an outspoken anti-communist.[2]
In 1964 Moon founded the Korean Culture and Freedom Foundation, a public diplomacy agency which promoted the interests of South Korea and sponsored Radio Free Asia. Former U.S. Presidents Harry S. Truman, Dwight D. Eisenhower, and Richard Nixon were honorary presidents or directors at various times.[3]
In 1972 Moon predicted the decline of communism, based on the teachings of the Divine Principle: "After 7,000 biblical years — 6,000 years of restoration history plus the millennium, the time of completion — communism will fall in its 70th year. Here is the meaning of the year 1978. Communism, begun in 1917, could maintain itself approximately 60 years and reach its peak. So 1978 is the border line and afterward communism will decline; in the 70th year it will be altogether ruined. This is true. Therefore, now is the time for people who are studying communism to abandon it."[4]
In 1974, Moon asked church members in the [5]
In 1976 church president Neil Albert Salonen met with Senator Bob Dole to defend the Unification Church against charges made by its critics, including parents of some members.[6]
In 1976 Moon established News World Communications, an international news media conglomerate which publishes The Washington Times newspaper in Washington D.C. and newspapers in South Korea, Japan, and South America partly in order to promote political conservatism. According to the Washington Post: "...the Times was established by Moon to combat communism and be a conservative alternative to what he perceived as the liberal bias of The Washington Post."[7] Bo Hi Pak, called Moon's "right-hand man", was the founding president and the founding chairman of the board.[8] Moon asked Richard L. Rubenstein, a controversial rabbi and college professor who had written on the Holocaust, to join its board of directors.[9] The Washington Times has often been noted for its generally pro-Israel editorial policies.[10] In 2002, during the 20th anniversary party for the Times, Moon said, "The Washington Times will become the instrument in spreading the truth about God to the world."[11]
In 1977 the public diplomacy campaign for the Republic of Korea.[12] The committee also investigated possible KCIA influence on the Unification Church's campaign in support of Nixon.[13]
In 1980 church members founded New York City.[14] In the 1980s it was active in 21 countries. In the United States it sponsored educational conferences for evangelical and fundamentalist Christian leaders [15] as well as seminars and conferences for Senate staffers, Hispanic Americans and conservative activists.[16] In 1986 it produced the anti-Communist documentary film Nicaragua Was Our Home.[17]
In 1980 church members in
Thomas Ward: "With the Cold War's conclusion, a rush began amongst scholars, analysts, and pundits to identify the key personalities and factors that contributed to the Soviet Empire's collapse. Competing theories abounded, with key roles being assigned to Ronald Reagan, John Paul II, Mikhail Gorbachev, Norman Podhoretz, Alexander Solzhenitzyn and Sidney Hook, as well as to freedom fighters, refuseniks and populist movements such as Solidarity. In their interpretation of various events, some scholars opted to depersonalize the process, crediting the fall of the Soviet Union to phenomena such as evolving patterns of economic development and the information revolution. Among the contributions to the postmortem literature is Richard Gid Powers' Not Without Honor (1995), which professed to be "The History of American Anticommunism." Powers' 554-page opus of names and organizations omits all of the American entities associated with Reverend Moon, and denies them any role in rolling back communism in the 1970s and 80s. In the 672 pages of On the Brink: The Dramatic Behind the Scenes Saga of the Reagan Era and the Men and Women who Won the Cold War (1996), Jay Winik records a brief mention of one Moon-related organization, The Washington Times, but only in noting its early reporting on the unfolding story of Iran Contra. Accounts by Brian Crozier, Adam Ulam, Bob Woodward, and Jack Matlock, US Ambassador to the Soviet Union under President Reagan, also make no mention of Moon's efforts. Intentionally or not, Reverend Moon has been expunged from the record in spite of the adverse, critical coverage his activities received in the mainstream and alternative media when anticommunism was viewed with disdain."[49]
Richard Rubenstein: "I especially appreciated Rev. Moon's commitment to the fight against Communism. From his own first-hand, personal experience and out of his religious convictions, he understood how tragic a political and social blight that movement had been. I had been in East and West Berlin the week the Berlin Wall was erected in August 1961 and had visited communist Poland in 1965. Unfortunately, many of my liberal academic colleagues did not understand the full nature of the threat as did Rev. Moon. I was impressed with the sophistication of Rev. Moon's anti-communism. He understood communism's evil, but he also stood ready to meet with communist leaders such as Mikhail Gorbachev and Kim Il Sung in the hope of changing or moderating their views."[48]
Robert Parry: "Over the past quarter century, South Korean theocrat Sun Myung Moon has been one of the Bush family's major benefactors – both politically and financially."[47]
Michelle Goldberg: "Like most Americans, Wineburg had been unaware of the power Moon holds in our nation's politics. The reverend, who once served eleven months in prison for income tax fraud, is best known for marrying thousands of strangers in mass weddings. Those events earned him a public reputation as a spectacle-mad eccentric, but that obscures his role as a significant D.C. power broker. In fact, Moon is an important patron of the Republican party and of the conservative movement."[46]
In 2012, December 19, the candidate Park Geun-hye, with the support of the Unification Church, became the first female President of South Korea.[45]
Moon was a member of the Honorary Committee of the Unification Ministry of the Republic of Korea.[41] The church member Jae-jung Lee had been once a unification minister of the Republic of Korea.[42] Another, Ek Nath Dhakal, is a member of the Nepalese Constituent Assembly,[43] and a first Minister for Co-operatives and Poverty Alleviation Ministry of the Government of Nepal.[44]
In 2003, Korean Unification Church members started a political party in South Korea. It was named "The Party for God, Peace, Unification, and Home." In an inauguration declaration, the new party said it would focus on preparing for the reunification of the South and North Korea by educating the public about God and peace. A church official said that similar political parties would be started in Japan and the United States.[40]
In 2000 Moon founded the World Association of Non-Governmental Organizations (WANGO), which describes itself as "a global organization whose mission is to serve its member organizations, strengthen and encourage the non-governmental sector as a whole, increase public understanding of the non-governmental community, and provide the mechanism and support needed for NGOs to connect, partner, and multiply their contributions to solve humanity's basic problems." However it has been criticized for promoting conservatism in contrast to some of the ideals of the United Nations.[37][38][39]
In 1995, the former U.S. President Barbara Bush, spoke at a Unification Church event in the sold-out 50,000-seat Tokyo Dome. Tickets ranged from $80 to $120.[34] "If as president I could have done one thing to have helped the country more," Mr. Bush told the gathering, "it would have been to do a better job in finding a way, either through speaking out or through raising a moral standard, to strengthen the American family."[35] Hak Ja Han, the main speaker, credited her husband with bringing about Communism's fall and declared that he must save America from "the destruction of the family and moral decay."[36]
In 1994 the New York Times, in a review of a PBS Frontline documentary on the Unification Church, said that, "outside investigators and onetime insiders … give a picture of a theocratic powerhouse that is pouring foreign fortunes into conservative causes in the United States."[32] In 1998 the Egyptian newspaper Al-Ahram criticized Moon's "ultra-right leanings" and suggested a personal relationship with conservative Israeli prime minister Benjamin Netanyahu.[33]
In April 1990, Moon visited the Soviet Union and met with President Mikhail Gorbachev. Moon expressed support for the political and economic transformations under way in the Soviet Union. At the same time the Unification Church was expanding into formerly communist nations.[29] In 1991, he met with Kim Il Sung, the North Korean President, to discuss ways to achieve peace on the Korean peninsula, as well as on international relations, tourism, etc.[30] In 1994, Moon was officially invited to the funeral of Kim Il Sung, in spite of the absence of diplomatic relations between North Korea and South Korea.[31]
In August 1985, seven years before the Nicaragua Was Our Home about the Miskito Indians of Nicaragua and their persecution at the hands of the Nicaraguan government. It was filmed and produced by church member Lee Shapiro, who later died while filming with anti-Soviet forces during the Soviet war in Afghanistan.[25][26][27][28]
In 1983 some American church members joined a public protest against the Soviet Union over its shooting down of Korean Airlines Flight 007.[21] In 1984 the church founded the Washington Institute for Values in Public Policy, a Washington D.C. think tank that underwrites conservative-oriented research and seminars at Stanford University, the University of Chicago, and other institutions.[22] In the same year, church member Dan Fefferman founded the International Coalition for Religious Freedom in Virginia, which is active in protesting what it considers to be threats to religious freedom by governmental agencies.[23]
Marxism, Anarchism, Vladimir Lenin, WebCite, Socialism
World War II, Russia, Russian Soviet Federative Socialist Republic, Russian language, Byelorussian Soviet Socialist Republic
North Korea, God, Christianity, United Nations, South Korea
Estonia, Lithuania, Republics of the Soviet Union, Dissolution of the Soviet Union, Soviet Union
Afghanistan, Nicaragua, Politics of Nicaragua, Singing Revolution, Soviet Union
Unification Church, Washington, D.C., South Korea, Maryland, Virginia
North Korea, Unification Church, South Korea, World War II, God
Virginia, Alabama, Peace Cup, Unification Church, Richard Nixon
Unification Church, Politics, Non-fiction, Robert Boettcher, International Standard Book Number
Lee Shapiro, Unification Church, Peace Cup, Seongnam FC, Unification Church and North Korea

subset: commoncrawl


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The Amiga was a line of personal computers produced by Commodore International, introduced in 1985 and discontinued in 1996. Its competitors were the Atari ST and Apple Inc.'s Macintosh and Apple IIGS.
Initially, the Amiga was created by computer chip designer Jay Miner and Hi-Toro (later named Amiga Corporation). Commodore purchased Amiga Corporation in 1984 and released the first Amiga computer, the Amiga 1000, a year later.


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University of Central Florida
Counselor Education, Ph.D.
Rollins College
Clinical Mental Health Counseling, M.A.
Certificate in Marriage and Family Therapy
National-Louis University
Secondary Education, M.A.T.
Endorsement: English
Endorsement: Middle School
Bradley University
Philosophy, M.A.
Bloom, Z. D., McNeil, V., Flasch, P., & Sanders, F. (2018) A comparison of empathy and sympathy between counselors-in-training and their non-counseling academic peers. The Professional Counselor. 8(4), 341-354. doi:10.15241/zdb.8.4.341
Ali, S. & Bloom, Z. D. (2018). Creative approaches to address online dating in counseling. Journal of Creativity in Mental Health. doi:10.1080/15401383.2018.1535922
Bloom, Z. D., & Lambie, G. W. (Accepted, 11-17-17). The adolescent measure of empathy and sympathy in a sample of emerging adults. Measurement and Evaluation in Counseling and Development.
Bloom, Z. D., & Dillman Taylor, D. (Accepted 10-16-17). The Online Dating Intensity Scale: Exploratory factor analysis in a sample of emerging adults. Measurement and Evaluation in Counseling and Development.
Ali, S., Lambie, G. W., & Bloom, Z. D. (2017). An exploratory factor analysis of the Sexual Orientation Counselor Competency Scale: Examining the variable of experience. The Professional Counselor. 7(3) 208-222. doi: 10.15241/sa.7.3.223
Bloom, Z. D., Gutierrez, D., & Lambie, G. W. (2017). An analysis of the factor structure and validity of the Attitudes Toward Erotica Questionnaire with a sample of counseling professionals. Measurement and Evaluation in Counseling and Development. 50(1-2), 35-47. doi: 10.1080/07481756.2017.1321922
Bloom, Z. D., Gutierrez, D., Lambie, G. W., & Ali, S. (2016). Counselors' comfort with sexuality, attitudes towards pornography, and propensity to assess for issues related to client pornography use. Journal of Mental Health Counseling. 38(4), 327-345. doi: 10.17744/mehc.38.4.04
DeLorenzi, L., Daire, A., & Bloom, Z. D. (2016). Predicting treatment attrition for child sexual abuse victims: The role of child trauma and co-occurring caregiver intimate partner violence. Counseling Outcome Research & Evaluation. 7(1), 40-52.
Bloom, Z. D., Gutierrez, D., & Lambie, G. W. (2015). Sexual Opinion Survey: An exploratory factor analysis. American Journal of Sexuality Education, 10(3), 242-260.
Bloom, Z. D., & Dillman Taylor, D. (2015). New problems in today's technological era: An Adlerian case example. Journal of Individual Psychology, 71(2), 163-173.
Bloom, Z. D., & Hagedorn, W. B. (2015) Male adolescents and contemporary pornography: Implications for marriage and family counselors. The Family Journal: Counseling and Therapy for Couples and Families, 23(1), 126-144.
Homrich, A. M., DeLorenzi, L. D., Bloom, Z. D., & Godbee, B. (2014). Making the case for standards of conduct in clinical training. Counselor Education and Supervision, 53(2), 126-144.
Ali, S., & Bloom, Z. D. (2017, October). Inside and out of the classroom: Methods to enhance emotional intelligence in counselor education. Association for Counselor Education and Supervision Conference, Philadelphia, PA.
Homrich, A., DeLorenzi, L., Thanasiu, P. L., & Bloom, Z. D. (2017, March). Does your CE program have standards for professional dispositions and conduct? American Counseling Association Conference, San Francisco, CA.
Bloom, Z. D. (2017, March). Attitudes toward pornography and sexuality, and working with clients. American Counseling Association Conference, San Francisco, CA.
Ali, S., Acquaye, H., & Bloom, Z. D. (2015, October). Cultural relativism & counseling: A place within pedagogy and practice. Association for Counselor Education and Supervision Conference, Philadelphia, PA.
Bloom, Z. D. (2015, October). Contemporary pornography and adolescent relationships. Association for Counselor Education and Supervision Conference, Philadelphia, PA.
Bloom, Z. D., Gutierrez, D., & Lambie, G. W. (2015, October). Psychometric properties of the Attitudes Towards Erotica Questionnaire and the Sexual Opinion Survey with a sample of counseling professionals. Association for Counselor Education and Supervision Conference, Philadelphia, PA.
Yost, J., Bloom, Z. D., & Flasch, P. (2015, March). Understanding interpersonal neurobiology and its implications for client-counselor relationships. American Counseling Association Conference, Orlando, FL.
Flasch, P., Robinson, S., Robinson, E. H., Lambie, G., Holladay, K., & Bloom, Z. D. (2014, May). Creating caring communities: Implications of altruistic caring on counselors and communities. British Association for Counseling and Psychotherapy Conference, London, England.
Green, J. H., Graham, Jr., J. M., Bloom, Z. D., Zeligman, M. R., & Hundley, G. (2014, March). Hearing the voices of practitioners: A focus group and interviews conducted with counselors working with those with DID. American Counseling Association Conference, Honolulu, HI.
Hundley, G., Bloom, Z. D., & Arth, M. (2014, February). Termination of the group experience through the use of a structured creative model. Association for Specialists in Group Work Conference, Orlando, FL.
Homrich, A. M., Perun, M., Ackerman, J. & Bloom, Z. D. (2013, March). Strengthening the gatekeeping process: Proposed standards for professional and personal conduct for counseling students. American Counseling Association Conference, Cincinnati, OH.
Sanabria, S., & Bloom, Z. D. (2013, March). Promoting advocacy in training programs by integrating social justice counseling in pre-practicum experience. American Counseling Association Conference, Cincinnati, OH.
Northeastern Illinois University
5500 North St. Louis Avenue
Chicago, IL 60625
United States
Monday: 3-6 p.m.
Tuesday: 3-6 p.m.
Wednesday: 3-6 p.m.
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深圳市翠园中学Cuiyuan B15
深圳市翠园中学Cuiyuan B15
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In addition to 深圳市翠园中学Cuiyuan, 15 other teams from 11 different countries played in Boys 15. They were divided into 4 different groups, whereof 深圳市翠园中学Cuiyuan could be found in Group 1 together with FC Gifu , Russia and FC Deren .
深圳市翠园中学Cuiyuan continued to Playoff A after reaching 1:st place in Group 1. In the playoff they made it to 1/4 Final, but lost it against Bath&Wiltshire with 0-1. In the Final, 乌鲁木齐117中学Urumqi No.117 won over Bunyodkor and became the winner of Playoff A in Boys 15.
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Winterwarm Heating Solutions
Industrieweg 8
P.O. Box 36
NL-7100 AA Winterswijk
E: firstname.lastname@example.com
comm. reg. 59198516
Soon it is time again: the largest exhibition in Europe in the field of Heating, Climate control, Energy and Bathrooms will take place from the 11th untill the 16th of March in Frankfurt. Attention: this year the opening days are from Monday to Friday (instead of Tuesday through Saturday,)
Also the exhibtion is restructured because of the new hall 12. All large central heating manufacturers who where previously in Hall 8 have moved to the new Hall 12. Therefore, the hall from Winterwarm with the air heating manufacturers, ventilation companies, air handling companies etc. are moving to Hall 8. We have reserved an attractive place in the middle of this big hall: standno. 8 E078.
We love to welcome you at our stand to discuss the latest novelties from Winterwarm and the developments in the market. The European Climate agreement affects greatly the Dutch heating market at this moment as in in other coutries discussions about this topic are quite different. The Dutch want to reduce gas consumption as to the contrary in other European countries they switch to gas. Although fossile, it is still less polluting than black or brown coal which is still used a lot in other countries. Also countries like Germany and France would like to close their nuclear power facilities. At short term natural gas would then be one of the few alternatives.
Very interesting discussions which Winterwarm follows closely in order to determine which kind of new appliances we have to engineer for the future.
At this moment the Winterwarm HR-serie, our condensing unit air air, is still the most efficient heating solution for industrial areas at an attractive cost price. These HR heaters are already compliant with the severe ErP regulations which come into effect in 2021. Also these heaters will be provided with a new developed control print which allows the heater to operate even more efficient and which extends the control posisbilities of the heater (a.o. wireless connectivity).
Stop by our stand 8E078 when you visit the ISH. If it is not for a cup of coffee than for our locally brewed beer called Wentersch.


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I have two female rescue dogs, one 10 years old, the other is 5 years old. The 10 year old developed colitis and had to be treated and put on a special diet - Trupanion has covered most of the costs of what would be an expensive treatment plan.
irritable bowel/colitis
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Over $1000
Mixed Breed
Age of Pet
Over 8 years


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Be a part of a unique online community that connects post production professionals and film academics worldwide.
You'll have access to personalize your news feed, access to Live Post Talks and much more. Contribute to the community by posting interesting post production content.
June 8, 2011, 10:12 am
If people want to understand what motion picture making is really about then they have to understand editing. So directing with an editor's eye is taking the perception of directing knowing exactly how you are going to edit and we will discuss the tricks of the trade, what makes a good edit, what makes a good direction, what makes a good performance - there are all little things we do in the editing room so that's it in a nutshell.
June 22, 2014, 9:58 pm
June 15, 2014, 11:56 am
"If you find the right balance between the material and what you want to say, you'll get there in the end."Btw, here's Sloane Klevin talking about Taxi to the Dark Side
June 15, 2014, 4:44 am
June 15, 2014, 4:43 am
June 15, 2014, 4:43 am
Name bins as you think, organise as idiosyncratic as you are.
June 14, 2014, 4:34 am
Once again I quote some intriguing views by Bela Tarr, interviewed in 2004 by Phil Ballard for Kinoeye:Pieter Bruegel the Elder - The Dutch ProverbsCould you talk a little about the reason behind your very long takes?Bela Tarr: What can I tell you about this generally? The people of this generation know information-cut, information-cut, information-cut. They can follow the logic of it, the logic of the story, but they don't follow the logic of life. Because I see the story as only just a di...
June 9, 2014, 4:18 am
Two inspiring and different approaches from two striking filmmakers — Guillermo Arriaga [screenwriter] and Bela Tarr [director].Virginia Aguirre E., from Autonomous University of Mexico State interviewed Guillermo Arriaga for La Colmena magazine in 2005.—¿El artista debe tener un compromiso ético o moral, Guillermo? —No. Básicamente tiene que haber un compromiso con contar la historia.[...]—Yo procuro no dar mensajes de ningún tipo. Yo procuro escribir una historia. Si las hist...
June 5, 2014, 4:32 am
Tras graduarse en la Yough High School en 1979, Douglas Crise trabajó cortando carne en Shop ´n Save en Mt. Pleasant, trabajando mucho en la sombra. Decidó que no quería que esa fuese su carrera (especialmente después de que le cortaran el trabajo de completa a media jornada) y se metió en la University of Pittsburgh.Empezó en Greensburg, se trasladó al campus principal para hacer sus estudios de cine e hizo muchas clases en Pittsburgh Filmmakers. ¨La única clase que no hice fue la...
June 4, 2014, 2:13 pm
1) "Multiple clips and sequences can be sent to Adobe Media Encoder at once"so you should be able to take your media in the project panel and run it thru AME to create low res proxies in one go. at least according to this: http://blogs.adobe.com/premierepro/2013/09/adobe-premiere-pro-cc-october-20...2) Premiere's native re-link has gotten better..be sure to look over the docs here: http://tv.adobe.com/watch/learn-premiere-pro-cc/using-link-media-to-quickly...PC Workflow:Relink tool:http...
June 3, 2014, 4:54 am
Gordon sits down with documentary editor and producer Kathryn Robson to discuss storytelling and her work on the hit Netflix ...
Gordon sits down to talk to Emmy Nominated editors Kate Sanford & Tim Streeto to discuss their work on the Marvelous Mrs. ...
Gordon sits down with Wade Barnett(Supervising Sound Editor) and David Barbee (Sound Designer) to discuss their work on Amazo ...
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Dick Kelsey started as an entrepreneur at eight years old. A South Jersey boy at birth, a Beaver Lake, Arkansas property owner and rental manager now, with terms in the Kansas House of Representatives and as a Senator in between. Dick is one super inspirational guy—plus he's got a great sense of humor.
You get a feel for Dick's outlook when you hear him say, "I'm now in what many would call the sunset years, but I call them the sunrise years. Because today is the best day of my life, and it's going to be. I look forward and not back."
He grew up in a very poor family, Dick's father died when he was four, and he was the youngest of eight children. But instead of allowing that life-altering tragedy to stunt his growth, he used it as a catalyst to drive him toward his purpose.
No one ever told Dick he was poor. In fact, family members motivated him beyond his circumstances with this encouragement, "If you want something, you just have to work for it."
So at eight years old, he began collecting old newspapers and pop bottles, took them to the recycling place, and got money for what he turned in. He also made his own snow cone wagon. Paying forty or fifty cents for a big block, he shaved the ice and added flavoring, then hawked the sweet treats around his small community. Pretty innovative thinking for a little guy.
At eight, nine, and ten years old, Dick was bringing in extremely good money for his age. He could buy essentials and splurges for himself that kids whose parents had money provided for them. His hard work was definitely paying off . . . but he also attributes his early and life-long success to a spiritual secret.
When he was young, he believed he was supposed to go into full-time ministry. But he had a gift at growing money, often making more in a summer than many made in a whole year. He's sold Fuller Brushes, funnel cakes, pictures, Bibles, and even bought school desks at auctions, painted and fixed them up, and resold them for a healthy profit.
Dick has never drawn unemployment, because he always looked for opportunities to earn his way through life. And Dick adds that there's another perk to his philosophy and work ethics. "You never get fired when you create your own jobs."
No job was too big or too small for Dick to do. He never felt above or below an honest day's wage, no matter what kind of work was required to receive the pay. "If you see a need, fill it," he encourages.
Filling Needs:
- What do you hear people, or yourself, complaining about? Is there something you can do to help solve the problem?
- Don't assume you need to focus on complicated issues. What are the simplest fixes that could provide the most powerful impacts?
- How could you add joy or betterment to someone else's life?
Don't let an "I can't" mentality stop you from tending your dreams.
This episode's Dream Tending Tips:
- Expose yourself to as many motivational messages as you can get access to.
- Exercise faith before you can see results.
- Take your belief and put action behind it. Ask the "who, what, where, when, and how" questions to help you succeed faster and at a greater capacity.
- If we let negativity control us, we won't amount to much, nor will our dreams. Resolve not to allow negativity to control you—it may gain a foothold temporarily (it's part of the human condition), but it doesn't mean you have to wallow in it.
- Follow the Matthew 6:33 success formula. If you put God first, He will open up opportunities and bless you, sometimes in shocking ways.
- Don't pursue your dreams purely from self-focus. Approach your dreams from an others-based motive. Give even when you don't feel like you have it to give, and it will return to you. Sacrificial giving triggers blessings. Learn to work without thought of return, and you will get a one thousand-fold return.
- Take risks and be willing to lose a little along the way to great gains.
- Share your rewards. Like Sam Walton of Walmart, J.B. Hunt of J.B. Hunt Trucking, and Don Tyson of Tyson Foods, who were great friends, start a culture of giving back to your community.
- Seek wise advice—and heed it.
- Ask yourself often, "What's the best case scenario and the worst case scenario?" Consider what success and failure might look like, and ask yourself if you can afford the risk—or afford not to take it.
- Be willing to suffer and/or go through trials, because some of your best growth comes from those seasons. Our suffering can be the source of our greatest purpose.
- If you get depressed, find someone else to bless!
- Grab the Tending Your Dreams' free giveaways and discounts from every episode. Go to tendyourdreams.com/freebie4 for your gift, just for tuning in. This month's product discount is 20% off on all autographed books. Enter the coupon code TYD20 to snatch your deal.
Find information for Dick Kelsey and his current entrepreneurial endeavors at kelseysbeaverlakehomes.com, and discover additional dream tending tips at tendyourdreams.com.


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Publication Date
[Excerpt] Established in 1935 by two engineers, Radiometer invented the world's first blood gas analyser in 1954 in connection with the struggle against the childhood polio epidemic. This invention resulted in the development of a company that produces medico-technical products and services for hospitals.
The company's headquarters are in Denmark, where the largest group of employees (948) work. Worldwide, Radiometer has a total of 2,300 employees and subsidiary companies in 23 countries.
Suggested Citation
Høyrup, S. & Møller, K. (2013). Work organisation and innovation - Case study: Radiometer, Denmark. Dublin: European Foundation for the Improvement of Living and Working Conditions.


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What is a constructive trust?
A constructive trust is an equitable remedy that may be granted to address a breach of, or to give effect to, an equitable doctrine or right. The order gives rise to an interest in existing in specie property or other rights. It is an invasive order that has the effect of transferring the beneficial ownership of property from the defendant to the plaintiff. Constructive trusts regularly arise in the context of real property.
In Muschinski v Dodds [1985] HCA 78; (1985) 160 CLR 583; 62 ALR 429; Deane J said at [6]:
Viewed in its modern context, the constructive trust can properly be described as a remedial institution which equity imposes regardless of actual or presumed agreement or intention (and subsequently protects) to preclude the retention or assertion of beneficial ownership of property to the extent that such retention or assertion would be contrary to equitable principle.
When will a Constructive Trust be imposed?
A constructive trust will be imposed when the legal title owner's insistence that he/she is the sole owner is unconscionable: Baumgartner v Baumgartner (1987) 164 CLR 317.
A constructive trust may be imposed by operation of the law and in spite of the intention of the parties, to place property on trust for the party suffering the breach of an equitable obligation. It is not necessary for the resulting beneficiary to own or have intended to do any act in relation to the subject property. The Court will typically order a constructive trust where it forms the view that equity would consider it unconscionable for the party holding the property in question to deny the interest claimed by another (Stepherson Nominees Pty Ltd v Official Receiver (1987) 16 FCR 536 at 552, per Gummow J). Typically, a fiduciary who profits from their position by making an improper gain, such as entering into some engagement in circumstances of conflicting interests and thereby derives a benefit, may be held to be constructive trustee of the improper gain or benefit (Hurd v Zomojo [2012] FCA 1458; (2012) 299 ALR 621). Unlike compensatory remedies, the constructive trust relates to specific property, and the successful plaintiff is not left to compete with other creditors to enforce its judgment.
The imposition of a constructive trust is discretionary. Generally, the court will consider whether the circumstances warrant the imposition of a constructive trust. Before a constructive trust is imposed, the Court should decide whether, having regard to the issues in the litigation, there is an appropriate equitable remedy which falls short of the imposition of a trust: Giumelli v Giumelli [1999] HCA 10; (1999) 196 CLR 101 at [113]. In Bathurst City Council v PWC Properties Pty Limited [1998] HCA 59; (1998) 195 CLR 566 at [585] the High Court said that:
... An equitable remedy which falls short of the imposition of a trust may assist in avoiding a result whereby the plaintiff gains a beneficial proprietary interest which gives an unfair priority over other equally deserving creditors of the defendant."
There are several distinct types of situations in which the imposition of a constructive trust typically arise. They include:
- Breach of a fiduciary duty
- Unconscionable transactions
- Domestic relationships
- Third parties (Barnes v Addy)
- Mutual Wills.
In Breen v Williams (1996) 186 CLR 71, Dawson and Toohey JJ said at 92:
There is no precise or comprehensive definition of the circumstances in which a person is constituted a fiduciary in his or her relations with another.
There are presumed fiduciary relationships although it is important to remember that these categories are not closed and so, the Court may find a fiduciary duty in any relationship where there is evidence of trust and confidence being placed in one party by another. The established categories of fiduciary relationships include:
- Trustee—Beneficiary
- Agent—Principal
- Solicitor—Client
- Employee—Employer
- Directors—Company
- Partner—Partner
- Accountant—Client
In Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41, 96-7; 55 ALR 417, 454, Mason J said:
The accepted fiduciary relationships are sometimes referred to as relationships of trust and confidence or confidential relations. The critical feature of these relationships is that the fiduciary undertakes or agrees to act for or on behalf of or in the interests of another person in the exercise of a power of discretion which will affect the interest of that other person in a legal or practical sense.
In circumstances where a fiduciary profits by improper use of his or her position or through conflict of interest, a constructive trust is one of the remedies available: Boardman v Phipps [1967] 2 AC 46.
In Chan v Zacharia [1984] HCA 36; (1984) 154 CLR 178, Dr. Chan renewed a lease for himself and to the exclusion of his partner after the partnership was dissolved prior to it being fully wound up. Deane J said at [29]:
…there is an irrebuttable presumption that any right in respect of a new lease of [the property] were obtained by Dr Chan by use of his position as a trustee of the previous tenancy but there is a rebuttable presumption of the fact that any such rights were obtained by use of his position as a partner in the dissolved partnership whose assets were under receivership and in the course of realisation.
In Chan (at CLR 198–9), Deane J said that the rule which requires a fiduciary to account embodied two themes, namely:
The first is that which appropriates for the benefit of the person to whom the fiduciary duty is owed any benefit or gain obtained or received by the fiduciary in circumstances where there existed a conflict of personal interest and fiduciary duty or a significant possibility of such conflict: the objective is to preclude the fiduciary from being swayed by considerations of personal interest. The second is that which requires the fiduciary to account for any benefit or gain obtained or received by reason of or by use of his fiduciary position or of opportunity or knowledge resulting from it: the objective is to preclude the fiduciary from actually misusing his position for his personal advantage … [T]he two themes, while overlapping, are distinct. Neither theme fully comprehends the other and a formulation of the principle by reference to one only of them will be incomplete. Stated comprehensively in terms of the liability to account, the principle of equity is that a person who is under a fiduciary obligation must account to the person to whom the obligation is owed for any benefit or gain (i) which has been obtained or received in circumstances where a conflict or significant possibility of conflict existed between his fiduciary duty and his personal interest in the pursuit or possible receipt of such a benefit or gain or (ii) which was obtained or received by use or by reason of his fiduciary position or of opportunity or knowledge resulting from it. Any such benefit or gain is held by the fiduciary as constructive trustee …
The fiduciary cannot escape these rules except with the fully informed consent of the person to whom the duty is owed. In Regal (Hastings) Ltd v Gulliver [1967] AC 134, Viscount Sankey said at 137:
The general rule of equity is that no one who has duties of a fiduciary nature to perform is allowed to enter into engagements in which he has or can have a personal interest conflicting with the interests of those whom he is bound to protect. If he holds any property so acquired as trustee, he is bound to account for it to his cestui que trust.
In Regal (Hastings) Ltd v Gulliver [1967] AC 134, the directors of Regal Hastings decided to form a subsidiary intending that Regal Hastings hold all shares in the subsidiary and that the subsidiary acquire a lease of two theatres in a neighbouring town. The directors subscribed personally £3,000 in shares of subsidiary to raise the necessary paid up capital of the subsidiary £5,000. The directors made a profit from the shares issued to them personally. Regal Hastings was taken over and the new controllers of Regal Hastings argued that the old directors had breached their fiduciary obligations by acquiring shares personally. The House of Lords held unanimously that irrespective of whether or not Regal Hastings could have purchased the shares, the directors were liable to Regal Hastings for the profit they made. The old directors acquired shares in the subsidiary only by reason of their capacity as directors of Regal Hastings, and therefore the fact that they were acting bona fide and in the interest of the company did not detract from their breach of fiduciary duty. The shares were held on constructive trust for Regal Hastings. Lord Macmillan said at 153:
The sole ground on which it was sought to render [the directors] accountable was that, being directors of the plaintiff company and therefore in a fiduciary relation to it, they entered in a course of their management into a transaction which they utilised the position and knowledge possessed by them in virtue of their office as directors, and that the transaction resulted in a profit for themselves. The point was not whether the directors had a duty to acquire the shares in question for the company and failed in that duty. They had no such duty. We must take it that they entered into the transaction lawfully, in good faith and indeed avowedly in the interests of the company. However, that does not absolve them for accountability for any profit which they made, if it was by reason and in virtue of their fiduciary office as directors that they entered into the transaction.
In the context of fiduciary breach, "accountable" may mean simply that the court takes an account and makes a monetary (compensatory) order. However, where the property acquired by the breaching fiduciary is ascertainable, the circumstances may justify the imposition of a constructive trust over the property.
In Blomley v Ryan [1956] HCA 81; (1956) 99 CLR 362, the plaintiff, Blomley sought specific performance of a contract of sale made by Ryan, a 78 year old farmer, the subject of which was his grazing property, for ₤25 000. The defendant alleged that, at the time of the signing, he was 'an old man, lacking in education, suffering from the effects of intoxication, mentally and physically weak, without proper advice, unable to protect himself and on unequal terms with the plaintiff'. The issue, held by the Court was whether the defendant was suffering from a special disability such as to allow equity to intervene in the unconscionable advantage taken of his condition by the plaintiff. The Court held that the transaction was thoroughly unconscionable, one which no court of equity could allow to be enforced at law. Fullagar J said at 405:
One other general observation may be made before proceeding to the facts of the present case. The circumstances adversely affecting a party, which may induce a court of equity either to refuse its aid or to set a transaction aside, are of great variety and can hardly be satisfactorily classified. Among them are poverty or need of any kind, sickness, age, sex, infirmity of body or mind, drunkenness, illiteracy or lack of education, lack of assistance or explanation where assistance or explanation is necessary. The common characteristic seems to be that they have the effect of placing one party at a serious disadvantage vis-a-vis the other.
The test of unconscionable conduct was further explained in the case of Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447. The High Court set out two circumstances in which conduct will be held to be unconscionable. The first is when 'unconscientious advantage is taken of an innocent party whose will is overborne so that it is not independent and voluntary'. The second is when 'advantage is taken of an innocent party who, though not deprived of an independent and voluntary will, is unable to make a worthwhile judgment as to what is in his best interest'.
In Amadio, Mr and Mrs Amadio signed a guarantee and mortgage to guarantee the debts of their son's company. They were Italian immigrants, had little command of the English language and minimal formal education and business experience. Their son, Vincenzo, lived an expensive lifestyle, but was in significant debt. He had told his parents that the guarantee was for a period of 6 months and for $50,000. This was not the case.
A representative of the bank visited the home of the Amadios to sign the mortgage documents. The Amadios did not read the documents and the bank's representative failed to provide an explanation to Mr and Mrs Amadio about the documents that they were signing and the subsequent risks involved. The representative did however point out that the guarantee was not limited to six months, upon hearing the incorrect representation made by the Amadios son. In the days following the guarantee and mortgage being signed, Vincenzo's overdraft increased from $189,000 to more than $270,000. Vincenzo's company continued to suffer financial losses and subsequently went into liquidation. The bank then demanded that the Amadios make pay the debt under their guarantee to pay the debts. The Amadios were unable to meet the obligations of the guarantee and a notice was given that the power of sale under the mortgage would be exercised.
The majority of the High Court of Australia held that the Amadios had suffered a special disadvantage, and so found that the conduct of the bank was unconscionable. Mason J observed that unconscionable conduct refers to a situation in which a party makes unconscientious use of his superior position or bargaining power to the detriment of a party who suffers from some special disability or is placed in some special situation of disadvantage.
The Court took into consideration the special disadvantage suffered by the Amadio's as a result of their minimal ability to speak English, lack of formal education and business experience, and old age. This special disadvantage, in conjunction with the failure of the bank to disclose the facts necessary for the Amadios to make their own informed judgment about the transaction, was held to amount to unconscionable conduct. Ultimately, the Court held that the Amadios would not have signed the documents had they been aware of the effect of the terms they were agreeing to.
When considering an allegation of unconscionable conduct, the Court will focus on the bargaining power of the parties, in particular that of the stronger party, and their conduct. The onus of proof will be upon the stronger party to show that the transaction was fair, just and reasonable. If the stronger party is unable to prove that the transaction was fair, just and reasonable, their conduct may be held to have been unconscionable and the transaction set aside. If legal title to property has passed to the defendant pursuant to that transaction, the Court will usually hold that the defendant holds it on constructive trust for the plaintiff.
THIRD PARTIES (The rule in Barnes v Addy)
A third party who receives property knowing that the property was acquired in breach of a fiduciary duty or trust or has dishonestly participated in fraudulent design that involves a breach of trust or fiduciary duty, will be liable to account for that property. The remedy is often in the form of a constructive trust.
In Barnes v Addy (1874) 30 LT 4; 144 ER 643, Henry Barnes appointed William Crush, John Lugar and John Addy to be testators and executors of his will. Some of Henry Barnes's money was to be invested and some used as an annuity for his widow and children. The sole remaining trustee, John Addy, appointed another trustee, against the advice of his solicitor. The Court of Chancery held that the solicitor was not liable for loss because no funds passed their hands and there was no fraudulent action by the solicitors.
In Barnes v Addy, Lord Selborne LC referred to two limbs upon which third parties to a trust become constructive trustees. The first limb is 'knowing receipt'. This occurs where the third party received property from a fiduciary knowing that it was acquired in breach of duty of the fiduciary. The second limb is 'knowing assistance'. This occurs when the third party knowingly assists a fiduciary to breach their duty.
What is knowledge?
Both limbs in Barnes v Addy require the third party to have knowledge. In Baden Delvaux v Societe General pour Favouriser le Development du Commerce et de l'Industrie en France SA [1992] 4 All ER 161, Gibson J (at 235) identified five categories of knowledge on the part of the third party that are relevant to the decision to impose a constructive trust. These were:
- Actual knowledge;
- Wilfully shutting one's eyes to the obvious, sometimes called Nelsonian knowledge. In Nelson v Larholt [1947] 2 All ER 751, a bookmaker was accepting cheques from a punter who was also an executor of an estate. The cheques used by the punter to pay his debts were printed with the name of the estate (using estate to pay his debts). The bookmaker was liable as constructive trustee for the estate because of what a reasonable person would know from the facts. The bookmaker should have known the cheques were not the punters personal cheques. This is behaviour which amounts to wilfully shutting one's eyes;
- Wilfully and recklessly failing to make the inquiries that an honest and reasonable person would make;
- Having knowledge of circumstances which would indicate the facts to an honest and reasonable person;
- Having knowledge of circumstances which would cause an honest and reasonable person to make inquiries.
Despite articulation of these five categories of knowledge, in Farah Constructions v Say-Dee Pty Limited [2007] HCA 22; (2007) 230 CLR 89; the High Court referred to Consul Development Pty Limited v DPC Estates Pty Limited (1975) 132 CLR 373, and held that only the first four categories of knowledge were sufficient for accessorial liability. The further category in Baden (facts which would put an honest and reasonable person on enquiry) should not be taken to be sufficient knowledge in Australia.
Knowing Receipt
Under the first limb in Barnes v Addy, there must be knowledge that the property was acquired in breach of trust or a fiduciary duty. The plaintiff/beneficiary must prove that:
- The third party received trust property or that subject to a fiduciary duty;
- The third party knew (using one of the first four categories from Baden) that it was trust property in breach of trust or fiduciary duty;
- The third party knew of the circumstances which made the transfer of the trust property in breach of trust or fiduciary duty.
The Bell Group (In liq) v Westpac Banking Corporation (No 9) (2008) WASC 239 concerned the Bell Group of companies, owned by Allan Bond. The Bell Group was going into liquidation and the directors made an arrangement with Westpac Bank about the structure of loans owed by the group to the bank. The reorganisation of loans was unfavourable to the companies. The Bank knew that no director of the companies would have agreed to the restructure if they had been acting in the interests of shareholders. The directors of the Bell Group had a fiduciary duty to the company and shareholders in attempting the restructure and accepting the loans for the company. The liquidators alleged that the directors were in breach of that fiduciary duty by undertaking the restructure. The liquidators brought a claim against the bank based on the rule in Barnes v Addy. The Court held that Westpac was liable under the knowing receipt limb because it had required a restructuring of the loans to the company on much harsher terms than the previous security arrangements. Westpac knew that the directors would be in breach of their fiduciary duty by agreeing to grant the securities, but called in the securities when the company went into liquidation.
Knowing Assistance
The elements that must be satisfied in order to establish liability under the second limb of Barnes v Addy are:
- There must be a fiduciary or a trustee;
- Who develops a fraudulent or dishonest plan or scheme which will result in a breach of duty;
- The scheme must be developed with the assistance of a third party;
- Who must know that they are assisting a fiduciary to breach their duty.
The two leading Australian cases on knowing assistance are Consul Development Pty Ltd v DPC Estates Pty Ltd (1975) 132 CLR 373 and Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89.
In Consul Developments Pty Ltd a solicitor (Walton) controlled a number of companies engaged in the purchase, development and sale of land, including the company DPC. Grey was the manager of these companies and was precluded by his service agreement from dealing in real estate on his own account. Grey's duties included finding suitable properties for purchase by the companies. Walton employed Clewes in his legal practice as a clerk. Clewes ran a family company (Consul) which was also engaged in property development. Grey and Clewes entered into an arrangement that Consul should purchase properties that Grey found and that Grey and Consul should share the profits on sale. Grey had told Clewes that DPC was not interested in the projects for lack of finance. The plaintiff argued that the properties purchased by Consul were held on constructive trust for the plaintiff (DPC) and that there was constructive notice sufficient to attract the liability of a third party (Consul) on a Barnes v Addy basis.
The High Court found Grey liable by virtue of his breach of fiduciary duty, but held that Consul was not liable as a third party. In order to attract liability for knowing receipt, the High Court held, the third party must have knowledge corresponding to the first three Baden categories, while for knowing assistance, any of the first four categories would be sufficient.
In Farah Constructions, Farah Constructions was controlled by Farah "George" Elias (a real estate developer) and Say-Dee was controlled by a businesswomen Sadie Elias (no relation to Mr Elias) and Dalida Dagher. The two companies entered into a joint venture in 1998 to buy and redevelop No 11 Deane Street, Burwood. Say-Dee contributed $225,000, plus stamp duty, while the rest of the $630,000 price was borrowed. The four run-down units at No 11 Deane Street were refurbished and rented out, prior to a planned demolition. Farah submitted a development application (DA) to Burwood Council for a combined commercial-residential project. The Council rejected it as it was too big for an 11-metre-wide site with no room for parking.
In those circumstances, the development would require amalgamation with adjacent blocks to be feasible. Mr Elias, his wife Margaret, and teenage daughters Sarah and Jade each bought one of the four units at No 15 Deane Street and one of the four at No 20 George Street (which backed on to No 15). Mr Elias' company Lesmint bought No 13 Deane Street. Mr Elias gave evidence that he had invited Ms Dagher and Ms Elias to join in the purchases of Nos 13 and 15 but they declined for financial reasons. He offered to buy Say-Dee's interest in No 11. Say-Dee declined and relations deteriorated. Problems spiralled, with the project having stalled, rents not meeting mortgage repayments, all three principals in financial difficulty. Ms Elias was diagnosed with cancer. In March 2003, Farah filed a summons against Say-Dee seeking an order that a trustee be appointed over No 11 and that it be sold. Say-Dee filed a cross-claim that the Elias's, Farah and Lesmint held their interests in Nos 13 and 15 on constructive trust for the partnership between Say-Dee and Farah.
At first instance, Palmer J gave judgment for the Farah group, made orders for the sale of No 11, and dismissed the cross-claim. He accepted the evidence of Mr Elias that he had invited Ms Dagher and Ms Elias to join in the purchase of Nos 13 and 15. The Court of Appeal overturned Palmer J's finding about Mr Elias's invitation to Ms Dagher and Ms Elias. It also found that Farah's fiduciary duties to Say-Dee were wider than Palmer J had considered them to be and that Farah breached those duties by failing to tell Say-Dee about the opportunity. The Court of Appeal also held that the Council regarded the acquisition of Nos 13 and 15 and their amalgamation with No 11 as essential if No 11 were to be redeveloped to its full potential. The Court of Appeal declared that Mrs Elias and her daughters held their units in Nos 13 and 15 on constructive trust in favour of the Farah-Say-Dee partnership, and appointed receivers to obtain development consent and sell all their blocks together.
Farah appealed to the High Court which unanimously allowed the appeal and restored Palmer J's orders. It accepted that Say-Dee was aware the Council had rejected the DA and that the problem might be overcome by developing No 11 with adjoining land, and that Mr Elias had invited Ms Dagher and Ms Elias to participate in acquiring Nos 13 and 15 but they had declined. Farah had a fiduciary duty to tell Say-Dee information about the Council's view and the opportunities to buy Nos 13 and 15. Farah fulfilled its obligation of disclosure about the Council's attitude and the Say-Dee principals had enough business experience to give informed consent to Mr Elias pursuing the purchase of Nos 13 and 15, which it did. Say-Dee's unwillingness to participate in a larger development was not a barrier to Farah proceeding on its own behalf. The Court rejected the grounds on which Mrs Elias and her daughters could have been made constructive trustees on behalf of Say-Dee and held that they were not liable to Say-Dee in any way.
Generally, where accessorial liability is established, the Court is concerned give a remedy that is adequate. Issues of increase in value of property and insolvency abound. Regularly, a constructive trust is the minimum equity to give the plaintiff adequate redress for the breach.
Resulting trusts distinguished
With a presumed resulting trust, equity seeks to give effect to the presumption that the parties intended the legal interest in the property to reflect their payments or contributions to that property. The idea that beneficial ownership is prima facie commensurate with legal title may be displaced by a presumption or finding that it was the grantor's intention that the beneficial interest should be different to a legal interest.
So, if the purchase money is provided by two or more persons jointly and the property is put into the name of one only, any absence of a relationship giving rise to a presumption of advancement, there is presumed to be a resulting trust in favour of the other contributors: Calverley v Green (1984) 155 CLR 242. What must be established is an intention, at the time the property is acquired, on the part of the purchasers to create a trust (or to not hold the property beneficially).
Generally, a property will be held on trust where one party to the relationship has made financial or non-financial contributions to the property owned by the other party to the relationship. This is best described as an express or resulting trust. In Allen v Snyder [1977] 2 NSWLR 685, the New South Wales Court of Appeal held that a resulting trust was not established by the fact of a contribution to the acquisition or improvement of property by one partner to a de facto relationship, unless there was evidence of a subjective intention common to both parties that the contribution would give rise to a beneficial interest in the property. The three elements needed to prove common intention are:
- There must be a domestic relationship. A domestic relationship is one where there is a sharing of living arrangements and the sharing of domestic duties: Hohol v Hohol [1981] VicRp 24; [1981] VR 221; [1980] FLC 90-824; (1980) 6 Fam LR 49.
- There must be a common intention. This requires both parties to have a common intention that the disputed property would have a beneficial interest to both parties.
- The detriment caused to the plaintiff is a real detriment.
The reason that constructive trusts have a role to play in domestic relationships is that it is often not the case that the parties had a common intention that the equitable title reflect the contributions.
Absence of intention – constructive trusts
Pursuant to the Property (Relationships) Act 1984 (NSW), equity will decide the settlement of property when a relationship breaks down, including same sex and de facto couples. The result is that the discussion of relationship constructive trust cases is largely historical, but there have been applications of this line of authority in other contexts: Carson v Wood (1994) 34 NSWLR 9.
In Muschinski v Dodds [1986] 160 CLR 583 the partner who had contributed more to the purchase price had previously shown a clear intention to give the defendant a half interest in the property, so a resulting trust was not available. According to Deane J (Mason J concurring) the constructive trust arose where the substratum of a joint relationship or endeavour is removed without attributable blame. That reasoning was later endorsed in Baumgartner.
Mrs Muschinski paid the whole of the purchase price of a property which was registered in the name of her and her then partner Mr. Dodds, as tenants in common in equal shares. The parties agreed that Dodds would renovate a cottage on the land and pay for a pre-fabricated house to be erected on the land. They separated before the cottage was renovated or the pre-fabricated house was acquired.
The parties agreed that Mrs Muschinski had contributed $25,259.45 to the purchase and improvement of the property and Mr. Dodds had contributed $2,549.77 towards improvements. At trial, Mrs Muschinski argued that her conferral of any legal or beneficial interest on Dodds was conditional upon his assuming financial responsibility for, and constructing, a dwelling on the land, which he had not done. Waddell J dismissed her claim, holding that it had not been her intention to subject Mr Dodds' interest to any condition, that the presumption of a resulting trust had been rebutted and that Mr Dodds had obtained a beneficial one half interest in the property. The Court of Appeal dismissed her appeal and she appealed to the High Court.
The High Court held that the presumption of a resulting trust arising out of Muschinski having paid the whole of the purchase price was rebutted due to their intention to further improve the property at Dodds expense. It was held that the parties held their respective legal interests as tenants in common upon trust, after payment of any joint debts incurred in the improvement of the property, to repay their respective contributions and the balance to both in equal shares. Mrs Muschinski was accordingly entitled to recover from Dodds one half of the purchase price paid by her. Gibbs CJ held that the parties were jointly and severally liable to pay the purchase price, and Mrs Muschinski having paid the whole of it was entitled to contribution for one half from Mr Dodds. Mason and Deane JJ held that it was unconscionable after the failure of their joint venture for Mr. Dodds to assert his legal entitlement without recognising Mrs Muschinski's payment.
In Baumgartner v Baumgartner [1987] HCA 59; (1987) 164 CLR 137, a couple had lived in a de facto relationship for a number of years. Initially they had lived in a unit owned by the man. They later sold the unit and used the proceeds of sale to purchase a house. The balance of the purchase price was supplied by a building society and, because the building society would not lend to de facto couples, title to the property was placed in the man's name. When the relationship broke down, the woman claimed that the man held the property on constructive trust for her.
In Baumgartner, the de facto couple pooled their income to meet household expenses and make mortgage repayments. The man, in whose name the title was registered, asserted full beneficial ownership. Mason CJ, Wilson and Deane JJ held that the general equitable principle which restores a party's contributions which he or she made to a joint endeavour which fails arises if uneven contributions have been made where it was not intended that the other party should enjoy the windfall. The issue in such cases is whether the claimant would have intended the defendant to enjoy the contributions she had made had they contemplated the relationship would end as it did.
The High Court held that the appellant husband contributed 55 per cent of the common pool of their earnings whilst the respondent wife contributed 45 per cent. At first instance, the Court found that there was no evidence of a common intention, but this was overturned by the High Court. [I don't think so] The High Court found that because the parties' had pooled their funds to pay their living expenses, was sufficient evidence of a common intention to share the tasks of providing for themselves and their child. Thus, the interest of the parties in the property was to be held by the man in the proportion in which the contributions had been made, less the initial contribution of the proceeds from the sale of the unit by the man. It was agreed that the circumstances of the case gave rise to a constructive trust. [wrong]
Mutual wills are wills formed by two people who agree by contract that each person will not alter their will without the consent of the other, even after the death of the first person. Courts will give effect to such agreements by imposing a constructive trust.
Such a situation may arise where, for example, a husband promises that if he survives his wife then he will leave his estate to a designated third party. The wife in response to this promise then promises to make a will leaving her estate to her husband and vice versa. If the husband survives the wife and takes her estate but the changes in his will favour other beneficiaries, then equity will compel these beneficiaries to hold their gift on a constructive trust for those designated to benefit under the mutual will agreement. The equity arises as a result of the husband allowing his wife to die with the belief the agreement will be fulfilled.
Mutual Wills are commonly used in second marriage circumstances: Birmingham v Renfrew (1937) 57 CLR 666. There must be clear and satisfactory evidence of the agreement to create a mutual will: Walters v Olins [2009] Ch 212 at [36].
In Birmingham, the plaintiffs, who were the respondents on appeal, were relatives of the late Grace Alexandra Russell, whose husband was Joseph Garrett Russell. The defendants, the appellants, are relatives or friends of the husband. The executor of the husband's will is also a defendant. The plaintiffs claimed specific performance and other remedies in relation to an agreement which they allege was made between the husband and the wife.
The wife came into a very substantial amount of property under the will of an uncle. The husband had no property. The learned trial judge (Gavan Duffy J) found that an agreement was made between the husband and the wife that after giving certain legacies, she would leave the residue to her husband, he in turn promising that he would leave his property to those relatives and that he would not alter the will so leaving it. Wills in the agreed terms were made and the wife died. The husband subsequently made a different will under which the appellants took substantial benefit and under which the wife's relatives respectively took a much smaller interest than under the will made pursuant to the agreement. His last will was made in breach of the agreement but it was nevertheless effective as a will.
On appeal to the High Court, Dixon J said:
It has long been established that a contract between persons to make corresponding wills gives rise to equitable obligations when one acts on the faith of such an agreement and dies leaving his will unrevoked so that the other takes property under its dispositions. It operates to impose upon the survivor an obligation regarded as specifically enforceable. It is true that he cannot be compelled to make and leave unrevoked a testamentary document and if he dies leaving a last will containing provisions inconsistent with his agreement it is nevertheless valid as a testamentary act. But the doctrines of equity attach the obligation to the property. The effect is, I think, that the survivor becomes a constructive trustee and the terms of the trust are those of the will which he undertook would be his last will.
The mutual will agreement need not be constituted in a formal written document. It may arise from discussions between family members: Albrow v Cunningham [2000] NSWSC 103. However, those who undertake to establish such an agreement assume a heavy burden of proof: Birmingham v Renfrew (1937) 57 CLR 666 per Latham CJ at 674.
Tracing is a process by which a claimant who has been deprived of property (the original property) seeks to assert legal or equitable title to other property (the target property) because the target property has, in some way, been acquired from exploitation of original property. The process involves establishing an unbroken chain of transfer and transformation from the original property to the target property. If this process is successful, the claimant can claim property rights in the target property and enlist an appropriate remedy to recover it.[1]
In Foskett v McKeown [2001] 1 AC 102 at 128; [2000] UKHL 29; [2000] 3 All ER 97, Lord Millet said:
Tracing is thus neither a claim nor a remedy. It is merely the process by which a claimant demonstrates what has happened to his property, identifies its proceeds and the persons who have handled or received them, and justifies his claim that the proceeds can properly be regarded as representing his property. Tracing is also distinct from claiming. It identifies the traceable proceeds of the claimant's property. It enables the claimant to substitute the traceable proceeds for the original asset as the subject matter of his claim. But it does not affect or establish his claim.
In Re Sutherland French Caledonia Travel Service Pty Ltd (In liq) [2003] NSWSC 1008; (2003) 59 NSWLR 361, Campbell J said at [62]:
Tracing is the means by which the court identifies what property of the trust the trustee still retains, for the purpose of the court crafting orders which aim to make the trustee perform his obligation.
His Honour went on to say at [153]:
To be able to trace through a mixed bank account, it is necessary for a beneficiary to be able to say that he has an equitable right of property in some asset which the trustee holds.
A person entirely innocent of a fraud who comes to know that he or she has received and still retains the proceeds of, or taken advantage of, a fraud to which he or she was not party, cannot knowingly seek to retain those proceeds or that advantage, without, in effect, becoming a party to that fraud and liable accordingly: Black v S Freedman & Company, per Griffith CJ (at 109) and later approved in Heperu Pty Ltd and Others v Belle [2009] NSWCA 252; (2009) 76 NSWLR 230 at [92].
Tracing deals with three problems:
- Exchange substitutes: Where the defendant converts the plaintiffs value into another form
- Mixing: Where the defendant intermingles the plaintiff's money with other funds; and
- Accrual in value: Where the defendant applies the plaintiff's property in such a way as to increase its value.
Tracing is not useful when the property has been dissipated by the person involved in the breach. For instance, if the defendant loses trust property at the races, tracing will not be available since the tracing chain was broken by the property's dissipation. In such a case, personal liability would still attach to the defendant and remedies such as equitable compensation will be available.
Equitable interests in property that are protected by a constructive trust may compete with other interests in the same property. Priorities refer to the principles that apply to the resolution of disputes between parties who have competing interests in property. In resolving any priority dispute, it is imperative that one identifies:
- The nature of the competing proprietary interests (whether it is legal or equitable)
- The point of time at which the interests were acquired/created.
Priority is, of course, given to the legal interest which was created first. Where there is a competition between equitable claims/interest, it must be determined which of them is the "better equity". Where the equities are otherwise equal, priority in time of creation is considered to give the better equity: see Latec Investments v Hotel Terrigal Pty Ltd (in liq) (1956) 113 CLR 265, applied by Mason and Deane JJ in Heid v Reliance Finance Corp Pty Ltd (1983) 154 CLR 326.
In assessing where the "better equity" resides, a Court must have reference to:
- The nature and condition of the respective equitable interest;
- The circumstances and manner of acquisition of these interests; and
- The whole conduct of the parties.
Postponing Conduct
Priority may be given to a later interest if the holder of the earlier interest has:
- Given to a third party the indicia of absolute ownership;
- Failed to register or otherwise protect their own interest; and
- Placed the new title holder in a position to register transfer of title, thus enabling them to hold out to the whole world that he hold the title free of any other interest.
Therefore, the holder of any subsequently created interest, such as a mortgage or charge, will have priority over the first (unprotected) interest. At a practical level, the fact that the imposition of a constructive trust may adversely affect another person's interest will be a significant factor in the discretion to make, or modify, the order. A constructive trust will be treated as coming into existence at the time of the conduct which gives rise to the trust (Parsons v McBain [2001] FCA 376; (2001) 109 FCR 120; Re Sharpe; Ex parte Trustee of the Bankrupt's Property v Sharpe [1980] 1 WLR 219 per Browne-Williamson J at [225]; Giumelli v Giumelli [1999] HCA 10; (1999) 196 CLR 101 per Gleeson CJ, McHugh, Gummow and Callinan JJ at [122]). While the Court can treat the trust as arising at the date of publication of the reasons for judgment (as Deane J proposed in Muschinski v Dodds at 623), that may result in another party prevailing over plaintiff in a priorities dispute.
In Parsons v McBain (2001) 109 FCR 120, the Full Court of the Federal Court held that the considerations in favour of a constructive trust may be displaced by factors which cause the equitable interest to be postponed to later equitable interests. In those circumstances, the imposition of a remedial constructive trust may not be the appropriate remedy.
An equitable charge or lien may be an appropriate remedy rather than the proprietary interest that ordinarily goes with a constructive trust. This is particularly the case where the imposition of a trust may give the claimant a beneficial proprietary interest resulting in an unfair priority over other equally deserving creditors: Bathurst City Council v PWC Properties Pty Limited (1998) 195 CLR 566 at 585.
Those cases serve as a reminder that the discretionary equitable remedy of constructive trust will be moulded to fit the circumstances and to effect the minimum interference with the rights of the defendant and third parties.


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Being Responsive and Obedient to Your Conscience – Geoff Thomas
If Christians are to grow in grace, we must be sure to keep close tabs on our conscience. We must learn to make our conscience take precedent over our emotions when they are unstable and are going against what God would have us to do. We also need to be sure that our conscience is careful when it comes to small things and that we don't lose the battle in small areas of our lives. How are things with your conscience?
Mp3: https://illbehonest.com/being-responsive-and-obedient-to-your-conscience
Full Sermon: https://youtu.be/ACodO0YzWEg


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Ex-Guantanamo detainees thank Ghana for taking them in
ACCRA, Ghana (AP) — Two former Guantanamo prisoners thanked Ghana for allowing them to settle in the country following their release, as the president of the West African nation sought to quell fears that the men posed any danger.
The two Yemenis, Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby, were held at the U.S. base in Guantanamo Bay, Cuba, as enemy combatants, accused of training with al-Qaida and fighting with the Taliban. They had been cleared for release in 2009, but the U.S. won't send Guantanamo prisoners to Yemen because of instability there and officials had to find another country to accept them.
Ghana's president, John Mahama, on Tuesday urged residents to not be fearful nearly a week after the government announced it would allow the two Guantanamo Bay detainees to resettle in Ghana.
Mahama said that the country took in the detainees after a direct request by the U.S. government, with whom he said Ghana has been partners in every sphere. He said "no monetary consideration was made to us" to accept them.
Mahama reassured the public saying "I will not take any decision that will jeopardize the safety of the nation."
Al-Dhuby and Bin Atef, who are in their 30s, are the first Guantanamo prisoners resettled in sub-Sahara Africa, and among the first wave of 17 expected to be released this month.
Bin Atef told Ghana Broadcasting Corp. radio they are grateful to the people of Ghana for accepting them.
"We have been wrongly arrested for 14 years without any charge against us and we have suffered," he said on an interview that aired Tuesday. "We are not looking for revenge because we are not bitter. We only want to live in Ghana because we couldn't go back to our country because of the current conflict situation."
The foreign ministry said they would be able to leave after two years. Bin Atef said "We look forward to go back to our country."
On Monday, the Ghana Catholic Bishops Conference, the Christian Council of Ghana and the Ghana Pentecostal and Charismatic Council all asked the government to reconsider the decision in separate statements that questioned the security risks.
President Barack Obama's administration seeks to whittle down the population of low-level prisoners as part of a broader effort, opposed by many in Congress, to close the detention center and move remaining detainees to the U.S.
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Big Enough For Any Task, Small Enough For Comfortable Carry, The A300 Is A Folding Knife That Offers A Perfect Blend Of Art And Utility. Each Blade Is Crafted From Cpm 20-Cv Stainless Steel Honed To A Razor Edge. The Frame Is Hand-Finished Aircraft Grade
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Course Descriptions
Listing of all academic courses offered at California Institute of Integral Studies.
School of Professional Psychology and Health IHL 6772 3.00
This multidisciplinary course is a comprehensive exploration of aging and health, integrating a broad range of topics relating to personal, interpersonal, shared, and global aspects of aging. This course examines biological theories of aging, demographic trends, and a variety of gerontological issues, including cognitive health and decline, functional performance and physical fitness, geriatric pharmacotherapy, pathology, nutritional metabolism, geriatric case management, and the continuum of care, including end-of-life care, caregiving, and death and dying.


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Phenotypic and Molecular Identification of Bacteria Involved in Decubitus Ulcers
AbstractBackground: Bacterial secondary infection of pressure ulcers (bedsores), so called as decubitus ulcers, leads to ulcer development and it interferes with the healing process. Thus, such infections can be lethal due to the sepsis if no constructive medicinal measures regarded. Drug resistance of bacteria in pressure ulcers leads to healing inhibition. Molecular identification of bacteria involved in such infections seem necessary as culture and phenotypic approaches may result in misidentification. . The purpose of this study was to isolate and identify aerobic bacteria detected in bedsores in three Hospitals: Rasool-e-Akram, Imam Hossein and Tajrish Shohada Hospitals, Tehran, Iran.Methods: To this end, decubitus ulcer samples of 49 patients were obtained using sterile swabs. After direct microscopic examination, the swabs were used to streak BHI agar plates supplemented with %5 defibrinated sheep blood for enrichment of probable aerobic cultures. Bacterial isolates diagnosed by biochemical tests. Antibiotic susceptibility of the isolates determined based on CLSI guideline. For molecular identification, PCR amplification of the 16S rRNA gene performed using Eubacterial universal primers. Then, the PCR products were sequenced and the nucleotide sequences of the PCR products were analyzed by BLASTN similarity search program available at NCBI. Results: Among the isolates, Pseudomonas aeruginosa (36%) had the highest frequency, followed by Staphylococcus aureus (32%) and Escherichia coli (30%). The frequencies of Klebsiella pneumonia and Proteus spp. were 10% and 8%, respectively. Most of the isolated bacteria showed a widespread antibiotic resistance. Molecular identification of the bacterial isolates resulted in 6 isolates of Escherichia coli, two isolates of each of Proteus mirabilis and Shigella spp., 4 isolates of Enterobacter cloacae, and 1 isolate of each of Cronobacter sakazakii and Morganella morganii.Conclusion: Results showed that Pseudomonas aeruginosa and Staphylococcus aureus as the most frequent bacterial species detected in pressure ulcers; however, bacterial prevalence may be different in different hospital wards.
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Rahimi F, Bouzari M, Katouli M. Prophage and antibiotic resistance profiles of methicillin-resistant Staphylococcus aureus strains in Iran. Arch Virol 2012; 157(9): 1807-11.
Saba F, Papizadeh M, Khansha J, et al. A rapid and reproducible genomic DNA extraction protocol for sequence-based identification of archaea, bacteria, cyanobacteria, diatoms, fungi, and green algae. J Med bacteriol 2017; 5(3-4): 22–8.
Papizadeh M, Roayaei Ardakani M, Motamedi H (2017) Growth-phase dependent biodesulfurization of dibenzothiophene by Enterobacter sp. strain NISOC-03. Pollution 3(1):101–111.
Woo P, Lau S, Teng J, et al. Then and now: use of 16S rDNA gene sequencing for bacterial identification and discovery of novel bacteria in clinical microbiology laboratories. Clin Microbiol Infect 2008; 14(10): 908-34.
Fazli M, Bjarnsholt T, Kirketerp-Møller K, et al. Nonrandom distribution of Pseudomonas aeruginosa and Staphylococcus aureus in chronic wounds. J Clin Microbiol 2009; 47(12): 4084-9.
Jones SG, Edwards R, Thomas DW. Inflammation and wound healing: the role of bacteria in the immuno-regulation of wound healing. Int J Low Extrem Wounds 2004; 3(4): 201-8.
Robson MC. Wound infection: a failure of wound healing caused by an imbalance of bacteria. Surg Clin North Am 1997; 77(3): 637-50.
AhmadiNejad M, Rafiei H. Pressure ulcer incidence in intensive care unit patients in Bahonar Hospital, Kerman. J Iran Soc Anaesthesiol Intensive Care. 2011; 57: 10-6.
Cho I, Noh M. Braden scale: evaluation of clinical usefulness in an intensive care unit. J Adv Nurs 2010; 66(2): 293-302.
Shahin ES, Dassen T, Halfens RJ. Pressure ulcer prevention in intensive care patients: guidelines and practice. J Eval Clin Pract 2009; 15(2): 370-4.
Hossain S, Khundkar S. Bacteriological status of pressure sore-A study of 50 cases. Bangladesh Journal of Plastic Surgery 2013; 3(1): 19-23.
Keller PB, Wille J, van Ramshorst B, et al. Pressure ulcers in intensive care patients: a review of risks and prevention. Intensive Care Med 2002; 28(10): 1379-88.
Medicare Cf, Services M. Proposed changes to the hospital inpatient prospective payment systems and fiscal year 2009. 2008.
O'Meara S, Al-Kurdi D, Ologun Y, et al. Antibiotics and antiseptics for venous leg ulcers. Cochrane Database Syst Rev 2013; 12.
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Kirketerp-Møller K, Jensen PØ, Fazli M, et al. Distribution, organization, and ecology of bacteria in chronic wounds. J Clin Microbiol 2008; 46(8): 2717-22.
Rhoads DD, Cox SB, Rees EJ, et al. Clinical identification of bacteria in human chronic wound infections: culturing vs. 16S ribosomal DNA sequencing. BMC Infect Dis 2012;12(1):1
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Alarm went off at 5:30 PM yesterday. Even though it was TURNED OFF...And no way to get it to switch off. So while it keeps time all right, the alarm thing is a deal breaker!
So unless I pull it apart again and tinker with it to permanently disable the alarm, it's definitely another piece of history with The Big Clam that will just be thrown aside like a piece of flotsam.
Is it worth the time to do so? *grins*