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Joint Procedure Committee
April 27-28, 2006
Indigent Counsel Rule Changes 2
Rule 6, N.D.R.Civ.P., Time; Rule 45, N.D.R.Crim.P., Computing and Extending Time 6
Rule 3.2, N.D.R.Ct., Motions 7
Rule 8.4, N.D.R.Ct., Summons in Action for Divorce or Separation 9
Rule 10.2, N.D.R.Ct., Small Claims Court 10
Rule 4, N.D.R.Civ.P., Persons Subject to Jurisdiction -- Process -- Service 11
Rule 38, N.D.R.Civ.P., Jury Trial of Right 14
Rule 45, N.D.R.Civ.P., Subpoena 14
Indigent Counsel Rule Changes 15
Rule 3.2, N.D.R.Ct., Motions 17
Rule 704, N.D.R.Ev., Opinion on Ultimate Issue 19
Rule 6.12, N.D.R.Ct., Safe Courtroom Firearms Handling 20
Rule 52, N.D. Sup. Ct. Admin. R., Interactive Television 22
The meeting was called to order at 1:00 p.m., on April 27, 2006, by the Chair, Justice Dale Sandstrom.
Justice Dale V. Sandstrom, Chair
Honorable Donovan Foughty
Honorable M. Richard Geiger
Honorable Gail Hagerty
Honorable Debbie Kleven
Honorable David W. Nelson
Honorable Allan L. Schmalenberger
Honorable Thomas J. Schneider
Honorable Mikal Simonson
Honorable Michael G. Sturdevant
Mr. John C. Kapsner
Ms. Jeanne L. McLean
Mr. Ronald H. McLean
Ms. Sherry Mills Moore
Mr. Steven W. Plambeck
Honorable Georgia Dawson
Mr. Daniel S. Kuntz
Mr. Galen J. Mack
Mr. Bruce D. Quick
Ms. Cathy Howe Schmitz
Mike Hagburg
The Chair discussed the schedule for the meeting and reviewed the schedule for future meetings.
The Chair informed the Committee that the Supreme Court had adopted term limits for members of all committees. Staff explained how the term limits would affect current members of the Committee.
On another topic, a member observed that the experimental distribution of meeting material by e-mail been beset by technical problems.
Judge Kleven MOVED to approve the minutes. Judge Hagerty seconded. Motion CARRIED unanimously.
Staff reviewed the changes the Committee approved for N.D.R.Crim.P. 44 at the January 2006 meeting. Staff explained that several other criminal rules referenced appointment of counsel for indigents and that elimination of these references would be consistent with the changes the Committee had recommended for N.D.R.Crim.P. 44.
A member indicated that N.D.C.C. § 12.1-04.1-02 gave courts responsibility to approve expenditures for mental health examinations in criminal cases. The member said the courts would still have an obligation to consider such applications for assistance even if the portion of the rule referring to ex parte applications for assistance was deleted.
The member said that the cost of such examinations apparently falls on the counties. The member learned about the statute because a defendant had gone to the Commission on Legal Counsel for Indigents and had a mental examination request turned down. The defendant then made an application for assistance to the court.
The Committee reviewed N.D.C.C. § 12.1-04.1-02. A member said that if the ex parte assistance provision was removed from the rule, the rule could be in conflict with the statute. The Committee discussed possible amendments to the ex parte assistance provision to incorporate requests under the statute.
A member asked if the financing source for mental examinations was specified in the statute. A member responded that the statute said only that such examinations would be paid with public funds. A member commented that the mental health statutes indicated that mental health funding in general was a county responsibility. A member responded that the statute in question was a criminal statute, not a mental health statute.
A member commented that the general idea behind establishing the Commission was to put all decisions on defense services and expenditures in the hands of the Commission. The member said that N.D.C.C. § 12.1-04.1-02 put the court in the position of determining what someone could do for their defense.
A member said the statute seemed to be an anomaly that needed to be corrected during the next legislative session. A member indicated that the Committee could point out the oversight and propose legislative action on the statute. A member said that, for now, some action needed to be taken on the rule to address the statute.
The Chair suggested that staff draft an amendment to the rule to address the statute and to work on preparing a letter regarding repeal of the statute to the legislative council.
The Committee discussed proposed changes to N.D.R.Crim.P. 5. Ms. Moore MOVED to approve the proposed changes. Judge Sturdevant seconded. The motion CARRIED unanimously.
The Committee discussed proposed changes to N.D.R.Crim.P. 11. Judge Schneider MOVED to approve the proposed changes. Judge Kleven seconded. The motion CARRIED
The Committee discussed proposed changes to N.D.R.Crim.P. 17. Staff explained that a subdivision of the rule allowing applications for subpoena assistance seemed to require discussion now that the Commission on Legal Counsel for Indigents was responsible for the defense of indigents. Judge Simonson MOVED to approve the proposed changes. Judge Schneider seconded.
A member commented that, if the court provided subpoena assistance to defendants who do not qualify for court appointed counsel, this assistance would have to be paid for out of the court budget. The member said that if the court system has determined that a person does not qualify as an indigent, still allowing them to apply for subpoena assistance would be a waste of time.
A member commented that a recent Supreme Court decision said that persons who are not indigent may still qualify to have a transcript provided. The member said allowing persons subpoena assistance was analogous to allowing transcript assistance. A member said that indigent persons sometimes do not qualify to have an attorney provided because someone else is paying their legal fees. The member said allowing subpoena assistance to such persons might be appropriate.
A member asked whether the provision would apply to subpoenas for documents. The member said that in cases involving medical issues, obtaining medical records under subpoena from health facilities can be costly.
A member said that, even though the federal courts have had public defenders for some time, they have not changed their rule allowing subpoena assistance.
A member asked how often the provision was used. The member said that even pro se defendants rarely approached the issue.
A member said the current language of the rule was preferable to the proposed amendment. A member responded that the problem with the existing rule was in situations where the Commission declines to give a defendant subpoena assistancethe defendant can then go to the court and apply for assistance. This places the court in a position where it would have to second guess a Commission decision. The member said the court should not get involved in deciding what services indigent defendants should be given.
A member said for cost savings, the state will sometimes waive jail. In such a case, the defendant would not qualify for counsel even if the defendant is indigent. The member
said that the proposed amendment to the current language would prevent such a defendant from being able to apply for subpoena assistance.
Judge Hagerty MOVED to delete subdivision (b) on subpoena assistance. Judge Simonson seconded.
A member asked, if the provision was deleted, how this would affect defendants in cases where the state waives jail. A member responded that the defendant would have to work it out with the Commission because the only funds available for subpoena assistance would be with the Commission. A member commented that, if a defendant has no right to an attorney when the state waives jail, there may be no right to have other expenses paid in that situation.
A member asked whether the statute establishing the Commission required the Commission to cover expenses of pro se indigent defendants. Staff reported that N.D.C.C. § 54-61-01 said that "[t]he Commission shall provide indigent defense services for those individuals determined by the court to be eligible for and in need of those services."
A member said that practice on appointing attorneys when the state waives jail varies by county. A member said that in municipal court or smaller counties, jail is often waived for the sake of saving money.
The motion to delete subdivision (b) CARRIED 11-2.
Without objection, the Committee decided to retain the (b) lettering and indicating in the text that the subdivision was deleted.
Judge Hagerty MOVED to amend the explanatory note to reflect the deletion of the subdivision (b) text. Judge Simonson seconded. The motion CARRIED unanimously.
The motion to approve the amendments to Rule 17 CARRIED unanimously.
The Committee discussed proposed changes to N.D.R.Crim.P. 17.1. Judge Sturdevant MOVED to approve the proposed changes. Judge Schmalenberger seconded. The motion CARRIED unanimously.
Judge Geiger MOVED that the package of indigent defense related rule amendments be sent immediately to the Supreme Court upon the Committee's completion of work on the amendments. Ms. McLean seconded. The motion CARRIED unanimously.
RULE 6, N.D.R.Civ.P. - TIME; RULE 45, N.D.R.Crim.P., COMPUTING AND EXTENDING TIME (PAGES 51-78 OF THE AGENDA MATERIAL)
Staff explained that Committee member Dan Kuntz had recommended that the Committee take another look at the changes it approved for N.D.R.Civ.P. 6 and N.D.R.Crim.P. 45 at the January 2006 meeting.
The Committee reviewed the language it had approved, the language of the federal amendments, and the federal "first draft" language regarding how the extra three days after mailing a document are counted.
Judge Hagerty MOVED to amend the Rule 6 and Rule 45 proposals to incorporate the
federal "first draft" language: "three days are added
to after
the prescribed period would
otherwise expire under subdivision (a)." Ms. Moore seconded.
A member said that using different language than the federal rule might be confusing. The member wondered which language would be more liberal: using "to" as in the current rule or using "after" as in the federal rule. A member responded that the result should be the same regardless of which word was used, but that use of "after" and the additional federal "first draft" language is clearer.
A member said that, under a strict interpretation, the use of "to" would lead to more restrictive counting if adding the extra days "to" a period makes the period longer than 10 dayswith a period longer than 10 days, holidays and weekends must be counted. A member said that using "after" is preferable because it is clear that holidays and weekends be excluded from the count.
A member asked whether rule language requiring a motion and request for hearing to be filed at least 18 days before the hearing date would need to be changed. Staff said that the minutes of the Committee's previous meetings suggested that the 18 day period was calculated by excluding holidays and weekends from the count, which would be consistent with the amendment the Committee was considering.
The motion CARRIED unanimously.
The Committee discussed what policy should guide the spelling out of numbers in rule text.
Judge Hagerty MOVED to adopt a policy that numbers from one to ten be spelled out and numerals be used for numbers greater than ten. Judge Simonson seconded. The motion
CARRIED unanimously.
RULE 3.2, N.D.R.Ct. - MOTIONS (PAGES 79-102 OF THE AGENDA MATERIAL)
Staff reviewed the action the Committee had taken on N.D.R.Ct. 3.2 at the January 2006 meeting. Staff explained that the Committee had decided to defer consideration of proposed amendments to the rule regarding hearings and affidavits. Staff also informed the Committee that some additional amendments to the rule had been proposed in the interim since the January 2006 meeting.
Judge Sturdevant MOVED to approve the proposed changes to Rule 3.2. Judge Kleven seconded.
Staff explained that form and style changes had been proposed for subdivision (a). The Committee expressed no objections to this proposed change.
Staff explained that a revised subdivision (b), focusing on hearings, was proposed for the rule.
A member said that proposed language suggested that attorneys could set a telephone or electronic hearing with getting prior permission from the court for using electronic means. The member said that attorneys should be required to get permission for telephonic or electronic hearings.
Judge Hagerty MOVED to add the language "If permitted by the court" prior to the proposed language allowing electronic hearings. Judge Kleven seconded. The motion CARRIED unanimously.
Staff explained that language had been proposed for subdivision (b) to restrict courts from issuing standing orders requiring hearings on certain types of motions. Staff explained that the change was in response to a standing order issued by the East Central Judicial District.
The Chair discussed the status of the standing order and asked whether the East Central Judicial District had taken any steps to promulgate the standing order as a local rule in compliance with the Rule on Local Court Rules. No member indicated any knowledge of an ongoing effort to promulgate the standing order as a local rule.
Judge Hagerty MOVED to delete a paragraph from the explanatory note: "The language of subdivision (a) does not prevent a court from adopting a local rule requiring that
every motion be noticed for oral argument, if due allowance is made for a telephonic hearing." Ms. Moore seconded.
A member said the Committee should not encourage adoption of local rules inconsistent with statewide court rules. The member also said that courts should not have to make "due allowance" for hearings by electronic means. A member commented that it would be inconsistent to retain the paragraph if the rule is changed to require review of party submissions before the court can require oral argument.
The motion CARRIED 11-4.
Staff explained that proposed paragraph (b)(2) contained language proposed by Williston attorney Valeska Hermanson that would require affiants to be available for cross-examination at evidentiary hearings in domestic relations cases.
A member said that it was not a good idea to put a provision into Rule 3.2 that related only to one type of case. The member said the provision might be worthwhile but that it belonged somewhere else, perhaps as a free-standing rule.
A member said that a requirement for parties to produce affiants at evidentiary hearings was impractical. The member said that a party may be able to obtain an affidavit from a witness, but may not have the ability to control the witness or produce the witness for a hearing. The member said that if a person wants to challenge an affidavit, that person can subpoena the witness or take a deposition.
A member replied that the time lines on domestic matters are generally so tight that the burden for producing a witness for cross examination should be on the party who relies on the witness. A member commented that this provision would likely apply to modification hearings and time lines would not be a problem.
A member said that the proposal arose out of situations where lawyers were being assailed with affidavits in non-divorce matters, such as custody cases involving out-of-wedlock children. The member said that the lawyers in low-budget custody cases do not have the resources or time to do subpoenas and depositions in order to cross-examine witnesses. The member said if the proposal was adopted, people would be more selective in providing affidavits.
A member commented that parties were already required to produce affiants for cross-examination in interim order proceedings and that the proposal would extend this required to related domestic matters. The member said the proposal should be shifted to a different
part of the rules or incorporated into N.D.R.Ct. 8.2.
A member said that making special rules for domestic relations cases was bad policy. The member said that the affidavit requirement had been included in Rule 8.2 because there is no time in an interim order proceeding to depose or subpoena affiants.
A member said that in some cases there can be 50 affidavits submitted on an issue, but most are of such limited importance that it would be a waste to bring in the affiant to stand outside the courtroom. The member agreed that on other occasions, it is very important that the affiant be made available for cross-examination.
Mr. Plambeck MOVED to delete the proposed language on making affiants available for hearings. Judge Simonson seconded. The motion CARRIED 12-2.
Without objection, the subdivision was renumbered to reflect the deletion of the proposed paragraph.
Staff explained that a change had been proposed to add language making it clear that Rule 3.2 applies to formal proceedings under the Uniform Probate Code. Staff explained that the proposed language had been added to subdivision (f).
The motion to approve the proposed changes to Rule 3.2 CARRIED unanimously.
Staff was instructed to insert the rejected language regarding production of affiants for cross examination in a separate draft rule for consideration by the Committee during the April 28 portion of the meeting.
A member suggested that the language limiting the affiant production requirement to domestic relations cases be removed from the proposed separate draft. A member asked whether there were other types of cases in which evidentiary hearings were held on affidavits. A member responded that it could happen when a temporary restraining order is requested.
RULE 8.4, N.D.R.Ct. - SUMMONS IN ACTION FOR DIVORCE OR SEPARATION (PAGES 103-107 OF THE AGENDA MATERIAL)
Staff explained that the Committee had decided at the January 2006 meeting to defer action on amendments proposed by attorney Valeska Hermanson, pending comment from the bar. Staff reported that only one comment had been received and that it supported the proposed amendments.
Judge Nelson MOVED to approve the proposed amendment. Judge Kleven seconded.
A member said that the proposed amendment seems acceptable.
Ms. Moore MOVED that the term "a party" be substituted for "either spouse" on line 29 and that the term "party" be substituted for "spouse" on line 30. Ms. McLean seconded. The motion CARRIED unanimously.
Mr. Kapsner MOVED to move the phrase "except for temporary periods" to the beginning of the sentences at lines 17 and 27. Ms. Moore seconded. The motion CARRIED unanimously.
A member asked whether the phrase "temporary periods" was so amorphous that it caused problems between parties. A member responded that a Supreme Court case had dealt with the topic and that there was little confusion about the interpretation of the phrase.
A member asked whether "spouse" should be changed to "party" throughout the rule. A member responded that the first part of the rule, where the term "spouse" was used, applied only to cases involving married parties.
The motion to approve the amendments to Rule 8.4 CARRIED unanimously.
RULE 10.2, N.D.R.Ct. - SMALL CLAIMS COURT (PAGES 108-127 OF THE AGENDA MATERIAL)
Staff explained that the Supreme Court had put the Committee's N.D.R.Ct. 10.2 proposal out for comment. Staff reported that the Court had decided to refer the proposal back to the Committee to give the Committee the opportunity to review the comments and to report back to the Court.
Ms. Moore MOVED that the proposed amendments be approved. Judge Hagerty seconded.
A member asked whether the proposed amendments left any openings for collection bureaus to act as agents in small claims court. A member responded that removal of language allowing authorized agents to appear in small claims court seemed to preclude appearance of collection bureaus acting as agents. A member observed that statute also prohibited assignees from appearing in small claims court.
The motion to approve the amendments to Rule 10.2 CARRIED 12-2.
RULE 4, N.D.R.Civ.P. - PERSONS SUBJECT TO JURISDICTION -- PROCESS -- SERVICE (PAGES 128-148 OF THE AGENDA MATERIAL)
Staff explained the proposed amendments to N.D.R.Civ.P. 4.
Mr. Kapsner MOVED that the proposed amendments be approved. Judge Foughty seconded.
The Committee first discussed a proposed amendment that would require the complaint to be served with the summons under most circumstances. A member said that it rarely happens that a party serves a summons without a complaint. A member said it usually happens when a plaintiff is trying to gain an advantage on a defendant. A member said one legitimate rationale for serving a summons without a complaint is to preserve a lawsuit when the statute of limitations is about to run.
The Committee moved on to a discussion of proposed amendments related to filing the complaint.
A member said the proposal to require that service of a demand to file a complaint be made under N.D.R.Civ.P. 5 when the plaintiff is represented seemed appropriate. The member said making personal service on an attorney under N.D.R.Civ.P. 4 is cumbersome and unnecessary.
A member said that the provision allowing defendants to demand that plaintiffs file a complaint or face dismissal seemed a draconian measure. The member said it was preferable, if a defendant wanted a complaint filed, for the defendant to file the complaint and to recover the filing fee from the plaintiff as an element of defendant's costs.
A member said that the remedy was appropriate because if a plaintiff is unwilling to take steps to file the complaint, the case should be dismissed. A member responded that on the rare occasions when a plaintiff fails to respond to a demand to file a complaint, it is because the demand somehow gets overlooked.
A member said the provision is useful because sometimes sending out a demand to file a complaint will prompt the plaintiff to reconsider the matter and drop the case entirely. The member said the proposed change to make one defendant's demand to file effective for all defendants is a useful addition.
Mr. Kapsner MOVED to change the proposed language "made on behalf of" to "effective for." Ms. Moore seconded. The motion CARRIED unanimously.
A member said that an exception could be inserted into the provision to grant relief in cases where the statute of limitations has run. The member said making a party re-serve the summons and complaint is an appropriate remedy for failure to respond to a demand to file a complaint. The member said it was not appropriate for a party's action to be extinguished by the statute of limitations for failure to file.
A member said that explicit allowance should be made in the rule for excusable neglect. A member said a district court had found excusable neglect in a case where a demand to file was made and the complaint was then accidentally filed in the wrong district.
A member said adding exceptions to the provision would make it useless. A member responded that no reasonable party would rely on an exception in order to avoid filing a complaint in response to a demand. The member said an excusable neglect exception would only be used in rare cases in which there was actual excusable neglect.
A member said that under the current provision, service of a demand to file a complaint gets the other party's attention. The member said adding exceptions would water down the provision. A member responded that service under N.D.R.Civ.P. 4 should then be retained because such service gets more attention than service under N.D.R.Civ.P. 5.
Mr. McLean MOVED to delete the language beginning with the words "In cases" on line 64 and continuing through the end of line 68. Ms. Moore seconded.
A member said deletion of the language was appropriate because the remedy of dismissal was draconian and allowing the defendant to file to complaint as allowed by the rule was an appropriate remedy.
A member observed that the proposed amendment would remove any effective sanction for a plaintiff refusing to file a complaint in response to a demand for filing. A member said there would be no reason for a plaintiff ever to file a complaint if the plaintiff could rely on the defendant to file it and pay the filing fee.
A member suggested the provision be amended simply by changing the term "void" to "voidable" instead of deleting all the sanction language. Without objection, the proposed amendment was changed.
A member said this change would place a burden on the judge to make a judgment. A member asked what criteria a judge would use to make the determination of whether service should be voided in a given case. A member said that excusable neglect would be an appropriate standard to guide the court. A member suggested that, if excusable neglect
was the standard, this should be specified in the rule.
Without objection, the motion was changed to retain the word "void" on line 67 and to add the words "unless the court finds excusable neglect" after the word "void."
A member said that allowing an excusable neglect escape valve would diminish the impact of a demand to file a complaint. The member said that any neglect in responding to a demand to file a complaint should not be excusable, considering the amount of time given to file. The member said the draconian nature of the rule made it effective.
The motion CARRIED 10-5.
A member indicated that some attorneys do not understand that a complaint is not filed until it is received and processed by the clerk. The member suggested that the rule be amended so that the complaint would be considered filed when mailed in response to a demand to file.
Mr. Plambeck MOVED to add language at the end of line 68: "The complaint is considered filed when mailed."
A member said there is a difference between service and filing and that the proposed amendment confuses these two actions. The member said that when a judge orders something filed at a given time on a given day, that means that the item needs to be in the clerk's office by that time, not in the mail, so that the judge can act on it.
A member said that the excusable neglect exception would allow the court to account for any delay in delivery that occurs after a timely mailing.
A member said that having civil actions commence upon filing of the complaint would eliminate the need for any additional amendments to the rule.
The motion was DEFEATED.
Judge Simonson MOVED to add language at the end of line 310 of the explanatory note "The amendment provides an exception for excusable neglect." Judge Hagerty seconded. The motion CARRIED.
The main motion to approve the amendments to Rule 4 CARRIED 12-2.
The Chair observed that the issue of whether civil actions should be commenced by
the filing of the complaint had arisen during the Committee's discussion of Rule 4. The Chair indicated that if electronic filing becomes more prevalent at the district court level, it may no longer be practical to retain the current commencement by service rule. The Committee indicated that staff should be instructed to prepare materials on amending the civil rules to switch to a system of commencement by filing.
RULE 38, N.D.R.Civ.P. - JURY TRIAL OF RIGHT (PAGES 149-167 OF THE AGENDA MATERIAL)
Staff explained the proposed amendment to the explanatory note of N.D.R.Civ.P. 38.
Judge Geiger MOVED to approve the proposed amendment. Judge Foughty seconded.
A member said that the problem with the probate statute on jury trials is that it went backward. The member said that the jury demand deadline is based on the hearing date, but that the party who sets the hearing may not have any idea that another party is planning to demand a jury trial. The member said having a backward deadline is an inefficient way of dealing with jury trial demands.
The main motion to approve the amendment to Rule 38 CARRIED unanimously.
RULE 45, N.D.R.Civ.P. - SUBPOENA (PAGES 168-178 OF THE AGENDA MATERIAL)
Staff explained the proposed amendments to N.D.R.Civ.P. 45.
Judge Sturdevant MOVED to approve the proposed amendments. Judge Schneider seconded.
A member suggested that the Committee delay further discussion of the rule until the April 28 session so that the member who proposed the change could take part in the discussion.
The meeting recessed at approximately 4:00 p.m., on April 27, 2006.
April 28, 2006 - Friday
The meeting was called to order at approximately 9:00 a.m., by Justice Dale Sandstrom, Chair.
RULE 45, N.D.R.Civ.P. - SUBPOENA (PAGES 168-178 OF THE AGENDA MATERIAL)
The Committee resumed its discussion of N.D.R.Civ.P. 45, which it had begun during the April 27 session.
A member said that the rule's current requirement for parties to serve a notice of production in addition to a deposition notice when commanding a person to testify at a deposition is unnecessary and makes no sense. The member observed that the requirement is not part of the Minnesota rule or the federal rule. The member suggested the requirement is a trap for the unwary.
A member said that the subpoena itself should be sufficient when a party seeks the production of documents and things, regardless of whether the party also notices a deposition. The member suggested that the requirement to serve a notice production be eliminated.
A member said that a deposition notice or notice of production is served on the other parties so they know what is happening. The member said that the subpoena is served on the person ordered to provide testimony or other evidence. The member said the reason for the notice requirement was to prevent subpoenas from being sent out by one party without notice to the other parties.
Ms. Moore MOVED to add language to the explanatory note: "Subdivision (b) was amended, effective_______________, to eliminate the requirement for parties to serve a separate notice of request for production when commanding a person to attend a deposition to give testimony and produce documents or things." Judge Kleven seconded. The motion CARRIED unanimously.
The main motion to approve the proposed amendments to Rule 45 CARRIED unanimously.
Following up on the previous day's discussion, the Committee addressed proposed new language for N.D.R.Crim.P. 44.
Judge Schmalenberger MOVED to replace the language of subdivision (b) with the following language: "(b) Ex Parte Application for Mental Health Services. An indigent defendant may apply ex parte for financial assistance to obtain the services of a mental health
professional. Upon request by the defendant, the application and the proceedings on the application must be ex parte and in camera, but any order authorizing expenditures must be made part of the public record" with language also added to the explanatory note detailing the change. Mr. Kapsner seconded.
A member asked who was responsible for paying for mental health services if financial assistance for services is authorized by the court. A member said that the state court administrator had indicated that the county was responsible. A member questioned why the county would be financially responsible for any services provided during a criminal case, except for transportation of the defendant from jail to court.
A member said that judges are required to cite the authorizing statute anytime they place a financial obligation on any governmental entity. A member said it did not necessarily matter who was required to pay here because, regardless of who pays, N.D.C.C. § 12.1-04.1-02 places an obligation on the court to make a decision on whether a defendant should get financial assistance for mental health services. A member said that the language of the rule would not need to indicate who was required to pay; the statute required court action, and the rule echoes this requirement.
A member said that N.D.C.C. § 12.1-04.1-02 required the court to take action on the question of providing mental health services only in cases where lack of criminal responsibility might be an issue at trial. The member said that, in such cases, the Commission on Legal Counsel for Indigents should be responsible for paying for the mental health services because these services are related to defending the client. A member said the county is responsible for the cost of mental health services in commitment cases, not in criminal cases.
A member said that use of the term "mental health services" in the proposed rule text was too broad and would cause defendants to come to the court seeking mental health treatment. The member said N.D.C.C. § 12.1-04.1-02 seemed only to authorize competency evaluations. A member said that the statute used the term "mental health services" but only in the context of addressing criminal responsibility. The member said expenses related to such mental health services would be expenses that are part of a defense to a criminal charge.
A member said that the use of the term "public funds" in N.D.C.C. § 12.1-04.1-02 would not support taxing a county for defense-related expenditures for mental health services. The member asked whether there had ever been a line item in a budget relating to this statute. The member suggested that any budget line item for defense-related mental health expenditures should be in the budget of the Commission on Legal Counsel for Indigents. A member observed that the heading of N.D.C.C. § 12.1-04.1-02 referred to
"state-funded mental health services."
A member said that someone should contact the Commission on Legal Counsel for indigents to alert them to the possible need to set aside money to fund mental health services under N.D.C.C. § 12.1-04.1-02. A member commented that the courts in the past had access to funds to pay for unforseen defense service needs. The member said all these funds would have been transferred to the Commission when it assumed responsibility for indigent defense.
Without objection, the pending motion was amended to add the following language to the beginning of the first sentence of the proposal: "In a case where lack of criminal responsibility is an issue," and to add a new second sentence to the proposal: "Upon a showing of a likely need for examination on the question of lack of criminal responsibility or lack of requisite state of mind as a result of the defendant's mental condition, the court shall authorize reasonable expenditures from public funds for the defendant's retention of the services of one or more mental health professionals." Without objection, an amendment to the explanatory note to reflect these changes to the proposal was also made part of the motion.
The motion to add language to Rule 44, as amended, CARRIED, unanimously.
RULE 3.2, N.D.R.Ct. - MOTIONS (PAGES 79-102 OF THE AGENDA MATERIAL)
Following up on the previous day's discussion, the Committee addressed whether language that had been proposed but rejected for inclusion in N.D.R.Ct. 3.2 should be made part of a new rule.
The text of the proposed new rule, with a rule number to be determined, was as follows: "When an evidentiary hearing is held on a motion, evidence presented by affidavit may not be considered unless, at the time of the evidentiary hearing, the party offering the affidavit makes the affiant available for cross-examination."
Judge Nelson MOVED for approval of the proposed new rule. Judge Sturdevant seconded.
A member said that the rule should apply only to domestic relations matters and be made part of section eight of the Rules of Court. The member said that the rule would most frequently be applied in domestic relations matters and that applying it in other areas might create negative consequences.
A member admitted that there might be unintended consequences if the rule was
applied to all types of cases. The member said, however, that this fact alone did not mean that the proposal was not worthwhile. The member said it would be a good idea to research how the proposal might impact areas of practice other than domestic relations.
A member said that hearings on temporary restraining orders and preliminary injunctions traditionally have been held on affidavits only. The member said live testimony in these matters is permitted only in the discretion of the trial judge. The member said the proposal was contrary to this longstanding practice. The member said the proposal could lead to the unwarranted exclusion of evidence if a party, lacking control of an affiant, was unable to produce the affiant for a hearing.
A member said affidavits are used routinely to provide basic foundational information for other evidence such as documents. The member said requiring foundation affiants to be present to testify would defeat the purpose of this practice. The member said the proposal goes too far and that requiring cross-examination of an affiant in a given case is something that should be left to the discretion of the trial judge.
A member said "evidentiary hearing" was not a clear term. The member said that hearings on motions can evolve into evidentiary hearings when testimony is introduced. A member noted that affidavits were customarily used to support summary judgment motions. The member said that if the proposal was adopted, it would be legitimate to respond to such a motion by calling an evidentiary hearing to cross-examine the affiants.
A member pointed out that N.D.R.Civ.P. 43(e) already allows a court to hear a matter on affidavits and to require additional testimony or depositions if necessary. The member said that adoption of the proposal would not provide any advantages over what Rule 43 already allows. The member said that if the court wants parties to make affiants available for cross-examination, Rule 43 permits the court to do this.
A member said that the proposal makes sense in the domestic relations context since making affiants available for cross-examination is already required in interim order proceedings. The member said that it would not be useful in other civil proceedings.
A member asked when the rule would be used in domestic relations proceedings since the requirement to produce affiants already existed in the interim order context. A member said that it would be useful in post trial modification proceedings. A member responded that having an affiant production requirement is essential in interim order proceedings because of the tight time deadlines. The member said these deadlines did not exist post judgment and that there is time to do depositions and subpoena witnesses in these proceedings.
A member said that the rationale behind the proposal is to put the cost burden of bringing in the affiants on the party who relies on the affidavit rather than on the party who is challenging the affidavit. A member said that the problem with giving judge's discretion to require affiants to appear for cross-examination is that a judge's personal decisions on this issue can take on the character of a "local rule," with some judges requiring production and others not. The member said it would be better to have a written rule on production of affiants.
A member said that a party cannot generally subpoena a person in another state to testify in North Dakota. The member said that when the affiant is in another state, the best a North Dakota party can expect is permission to depose the affiant in the other state.
A member said that N.D.R.Civ.P. 43(e) gives discretion to the court to set whatever conditions are appropriate in a given case, including the discretion to order the party that wants to rely on a deposition to produce the witness to testify.
Mr. McLean MOVED to add language to the proposed rule limiting application of the rule to domestic relations cases. Judge Simonson seconded.
A member commented that in child custody cases there are bench trials with live witnesses and no affidavits. The member said these trials may take several days. The member said the judgment arrived at through the trial can then be challenged years later by a motion to change custody supported by affidavits. The member said this is not appropriate and that a trial should be held on a motion to change custody. The member said the judge should be able to see all the witnesses.
A member said that N.D.R.Civ.P. 43(e) gives the court the discretion to hold a bench trial with live testimony in a change of custody case.
The motion to amend was DEFEATED 7-8.
The main motion to approve the new rule was DEFEATED unanimously.
RULE 704, N.D.R.Ev. - OPINION ON ULTIMATE ISSUE (PAGES 179-195 OF THE AGENDA MATERIAL)
Staff explained that attorney Thomas Dickson had proposed an amendment to N.D.R.Ev. 704 that would make the rule consistent with Fed.R.Ev. 704.
Ms. Moore MOVED for approval of the proposal. Mr. McLean seconded.
A member said that, under the present rule, a judge has the authority to limit the testimony of an expert witness regarding the ultimate issue of whether the defendant had the mental state to commit the crime charged. The member said that a party can ask for limits to be placed on such testimony under the present rule.
A member said that the Committee was correct to reject the proposed language when it addressed the amendment to the federal rule in 1986.
A member said the proposal was a good idea. A member said that, in a criminal case, an expert should not be allowed to testify on the ultimate issue of mental state. The member said that the fact that the court can limit such testimony based on other rules does not guarantee that a judge will actually limit such testimony. The member said that having a specific standard in the rule is appropriate.
A member said that the amendment was necessary on the federal level to conform with the federal insanity defense. The member said that the state insanity defense was not necessarily parallel to the federal defense. The member said that opinions on the ultimate issue of mental state can be excluded under N.D.R.Ev. 702.
A member said that there was a jury instruction that advised an expert's opinion could be disregarded.
A member said that the use of the term "inference" in the proposed language could allow a court to completely exclude an expert's testimony on mental state. A member agreed that if the proposal was approved it would create significant line-drawing problems for the court becausealmost anything an expert said about mental state could be objectionable. The member said that use of a jury instruction is the best way to address expert testimony.
The motion to approve the new language was DEFEATED 2-13.
RULE 6.12, N.D.R.Ct. - SAFE COURTROOM FIREARMS HANDLING (PAGES 196-203 OF THE AGENDA MATERIAL)
Staff explained that Judge Steven McCullough had proposed a new court rule on safe firearms handling.
Judge Kleven MOVED for approval of the new rule. Judge Geiger seconded.
A member said that it should be the duty of the sheriff or whoever is providing security to the courtroom to make the rules about firearms handling. The member said it
might be helpful if there were some guidelines to assist the security staff, but that these guidelines should come from someone with a security background. The member said the proposal should be evaluated by security personnel before the Committee makes any decision on adopting it.
A member agreed that the sheriff should be responsible for security. The member said, however, that having the sheriff be responsible for security will not prevent firearms mishaps like discovering the murder weapon is still loaded during the middle of a murder trial. The member said a rule like the one proposed would be helpful to security staff because it would give them a procedure to follow.
A member said that the rule would be useful because in some courthouses, there are no law enforcement personnel present at trial.
A member said that the rule might complicate some cases because there are times when the jury may have to be shown how a firearm works or how it is loaded. The rule's absolute bar on a firearm and ammunition ever being together would prevent such demonstrations, which are sometimes necessary. A member said there should be an exception in the rule allowing the court to allow demonstrations.
Mr. Plambeck MOVED to add a new subdivision to the rule as follows: "In the discretion of the trial judge, and subject to appropriate safety measures, the court may permit demonstrations if helpful to the jury in resolving a factual issue." Ms. Moore seconded.
Judge Nelson MOVED to amend the motion language to read: "In the discretion of the trial judge, and subject to appropriate safety measures, the court may permit a variation of this rule." Mr. McLean seconded. The motion CARRIED unanimously.
A member commented that the rule would be better suited to be included among the administrative rules rather than in the rules of court. A member agreed and commented that the rule was amazingly detailed and seemed to be an attempt to legislate common sense.
Without objection, the language of the proposed amendment to the motion was changed to "In the discretion of the trial judge, and subject to appropriate safety measures, the court may permit a departure from this rule."
The motion to add the proposed language to the rule CARRIED unanimously.
Mr. Plambeck MOVED to add language to the explanatory note as follows: "Under subdivision (j) the court may allow a demonstration that may be helpful to the jury in
resolving a factual issue." Mr. McLean seconded. The motion CARRIED unanimously.
A member said the rule should be sent out for comment from administrative and security personnel before the Committee approves it. A member said that if the Committee approves the rule as an administrative rule, it could be sent to administrative committees for comment.
Mr. Kapsner MOVED to categorize the rule as an administrative rule and to send it out for comment to the court security consultant, all county sheriff's departments, and the attorney general, for comment. Judge Simonson seconded.
The question was divided. The motion to make the proposal an administrative rule CARRIED unanimously. The motion to postpone action on the rule until comments are received CARRIED unanimously.
For future discussion after comments are received, a member suggested that language be added to paragraph (a)(2) allowing police officers and court bailiffs to carry firearms in the courtroom only when on duty or acting in an official capacity.
A member said that subdivision (g) should include a prohibition on firearms being pointed at attorneys or parties.
RULE 52, N.D. Sup. Ct. Admin. R. - INTERACTIVE TELEVISION (PAGES 204-229 OF THE AGENDA MATERIAL)
Staff explained that N.D. Sup. Ct. Admin. R. 52 was being presented for review and discussion in light of recent public comments and court decisions.
A member suggested that the rule be left as it is. The member said the rule allows a defense attorney to be a location separate from the defendant if the court decides this is appropriate. The member says this usually happens when the defendant is incarcerated at a remote location and is facing pending charges that need to be taken care of. The member said that in such cases, the defendant may not want to be transported and may instead simply want to dispose of the pending charges. The member said the rule accounts for such cases.
A member said in some cases, incarcerated defendants are eager to plead guilty from remote locations because this allows them to begin serving concurrent sentences immediately rather than waiting for an opportunity to return to the sentencing court. The member said the existing rule is a good compromise and that a rule containing an absolute requirement that the defense attorney be present with the defendant would defeat the purpose of allowing
remote hearings.
A member said given the fact the lawyers have departed from most rural areas, a rule like the existing rule is necessary so that lawyers who will defend accused persons can be found. A member said that even in fairly large towns like Dickinson, adequate numbers of attorneys willing to do criminal defense work may not be present.
A member said the Committee should be concerned by the result of Van Patten v. Deppisch, 434 F.3d 1038 (7th Cir. 2006). The member suggested the location involved in the case, a northern county in Wisconsin, was similar to some rural areas in North Dakota. The Van Patten court decided it was improper to allow the defense attorney to appear at a guilty plea proceeding by telephone, separate from the defendant.
A member said that if a defendant could waive the right to counsel, there was no reason why a defendant could not waive the right to have the attorney present in the same place. A member said it was not clear in Van Patten whether the defendant had waived presence of counsel. A member pointed out that Rule 52 requires a clear waiver when the defendant's attorney was in a different location during a guilty plea proceeding.
A member said there were many good arguments for doing plea proceedings by interactive television but that the Van Patten case made a strong statement when the defendant's attorney is not present with the defendant during a plea proceeding, this was ineffective assistance of counsel.
A member said the main defect in Van Patten seemed to be that no one specifically asked the defendant whether proceeding without the defense attorney present was acceptable. A member said the apparent inability of the defendant to communicate privately with the defense attorney was also a major factor. The member said that it is necessary to have a system that allows private communication between the defendant and the defense attorney when hearings are held using interactive television.
A member said that, as a practical matter, guilty plea hearings are conducted remotely only when the defendant is already in prison and pleading to a sentence that will run concurrently. In such cases, the court gives the defense attorney as much time as needed to consult privately with the defendant over the remote network as necessary.
A member said standards for remote mental health hearings under the rule were more problematic than those in criminal proceedings. The member said it was troublesome that mental health patients generally have to appear alone in a room at the state hospital while their attorneys are hundreds of miles away in the courtroom.
A member said that for the rule to be truly effective, the judge would need to be given the capability to cut everyone off the system except for the attorney and client whenever confidential communication is necessary. The member said this should be the point where the system should be brought to. A member said currently this is considered to be adequate confidential communication when there is a phone and fax machine available in another room. The member said for confidential communication to be effective it must be instant.
The Committee's consensus was that the rule should be left as is for the time being.
The Chair asked the Committee whether it had any suggestions for work staff should accomplish prior to the next meeting.
A member said that there should be a rule provision restricting jurors from having cell phones during their term of service. A member pointed out that N.D.R.Ct. 10.1(d) deals with cell phones. The Chair assigned staff to research this issue of extending the rule to jurors.
The meeting adjourned at approximately 11:00 a.m. on April 28, 2006.
Michael J. Hagburg


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Linked by Thom Holwerda on Tue 30th Oct 2012 18:10 UTC
Steve Ballmer has just announced that in the first three days of being on sale, more than 4 million people have bought the Windows 8 upgrade. This doesn't count OEM installations or Microsoft's own Surface - just individual upgrades. Definitely a promising start for Windows 8, but then, these are most likely enthusiasts (I'm one of those four million), so we still don't know a whole lot. I'm patiently waiting for the response from regular consumers.

subset: commoncrawl


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January 13, 2010 at 11:30am to February 17, 2010 at 1pm – Essex County, NJ The original Mommy-and-Me offering a different activity each week, in a different venue each week and includes lunch. THe classes provide a social, educational and healthy balance for BOTH moms and b… Organized by Bradi Nathan | Type: mommy, and, me
January 21, 2010 at 9am to March 18, 2010 at 10am – Powerflow Kids Yoga Studio Powerflow Kids Yoga Studio is adding new classes to the winter line up! Mom & Baby Yoga and Mom & Tot Yoga! These classes are a great way for you to spend some time with your little one while… Organized by Pamela Nixon, Powerflow Kids Yoga | Type: yoga, for, mom, &, child
© 2018 Created by MyWorkButterfly. Powered by


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|2012-02-10, 02:19
|Link #1201
Osana-Najimi Shipper
Join Date: Dec 2005
Location: Mt. Ordeals
"I'm simply saying what your hoping for isn't very likely (and if you look at it logically it really isn't)."
...when you're unwilling to defend your own points when viewed under logical scrutiny, then I don't have a problem.
|2012-02-10, 02:25
|Link #1202
Secret Society BLANKET
Graphic Designer
Join Date: Oct 2006
Location: 3 times the passion of normal flamenco
|2012-02-10, 05:05
|Link #1203
Crazy Devout Fanboy
Join Date: Dec 2005
Location: 1st Ra Cailum-class battleship Ra Cailum, port-side officer's bunks
You yourself didn't know, or at least have forgotten, about Sara Werec/Cruz (Soukou no Strain) and Aoba Tsuzaki (Jinki/Jinki: Extend), just to name two off the top of my head, further proving my point that a lot of female mecha leads fall into obscurity.
Upon a quick lookup of those names I didn't recognize, none of them were terribly popular/famous as a mecha show (none on the level of shows like Gundam or Macross, or even Aquarion with their male leads), and Rinne no Lagrange is an undetermined factor. (being a currently airing series) Haruka Amami's Idolmaster:Xenoglossia isn't even really a mecha title; its popularity comes from the video games (which aren't mecha), and it was only turned into a mecha title for the anime.
It's just a sad fact that the general opinion of mecha is that it's a man's game, which is why we'll never see a female lead for a Gundam series and why female pilots almost always take second fiddle to any male pilots in the big mecha titles. On top of that, a good number of Gundam series seem to almost mock females as pilots. (Shrike Team from V Gundam, anybody?) I'd love to see this change, but that won't be anytime soon.
Don't get me wrong, as I said just above I'd love to see females getting spotlight in mecha shows. But if you disagree with the above, then try opening a topic in the Gundam subforum here to talk about how Sunrise should try using a female as a lead character/pilot and/or on females getting bigger roles as pilots (or the forum of any serious mecha anime); I've done that before and pretty much everybody had this opinion.
Last edited by Shinji103; 2012-02-10 at 05:17.
|2012-02-10, 05:27
|Link #1205
Crazy Devout Fanboy
Join Date: Dec 2005
Location: 1st Ra Cailum-class battleship Ra Cailum, port-side officer's bunks
|2012-02-10, 05:29
|Link #1206
Secret Society BLANKET
Graphic Designer
Join Date: Oct 2006
Location: 3 times the passion of normal flamenco
|2012-02-10, 05:34
|Link #1208
Crazy Devout Fanboy
Join Date: Dec 2005
Location: 1st Ra Cailum-class battleship Ra Cailum, port-side officer's bunks
On a side note, I'm a little surprised Aquarion doesn't have its own subforum.....
|2012-02-10, 05:40
|Link #1209
Senior Member
Join Date: Aug 2010
And here's another problem you have never considered, the problem called "love". See, on the screen there is actually nothing more irritant than love. He loves her, she loves him, and you, the spectator, become the third wheel. That's why in a good anime the main characters fall in love only at the end of the series, they finally kiss and all is done. It cuts the boring part. Otherwise you risk having two characters whose only trait becomes the fact they have a fiance. It happened even to Simon and Nia, for example. And then Simon became human battery while Nia was away. That should tell you something.
|2012-02-10, 06:15
|Link #1210
Crazy Devout Fanboy
Join Date: Dec 2005
Location: 1st Ra Cailum-class battleship Ra Cailum, port-side officer's bunks
Considering you're the one who said "The fact is that men are stronger than women," and I'm saying females should get as much spotlight as males, you seem to be getting things flipped backwards....
Getting knocked back to a supporting role when you used to be a pilot is still getting shafted.
And Jung didn't get her mech crippled early in the final fight and get turned into a mere spectator in the final battle.
|2012-02-10, 07:01
|Link #1211
#1 Ranka Fan!!
Join Date: Feb 2011
Location: USA
Age: 27
Spoiler for I say, it's still quite pointless:
Back on actual topic ,
the next episode will hopefully show me more of Zessica's personal side. I've seen her pilot, I've seen her be kinda bitchy, I've also seen her sexy, but now I want to see her deeper side, the person whom she really is. So hopefully that will come the next episode.
|2012-02-10, 07:34
|Link #1212
Join Date: Jan 2011
Location: I'm Dancing & Yelling GANBATTE KAGURA! YOU GO GET YOUR WOMAN BACK!!!!! SHIPPING THEM HARD
LoP is riding on the ship with LoweGear & bakAnki let's hope Andy is able to fill the hole of bliss with himself. Wait till I get the good stuff...you're going to love it
Hey can someone give me that Oreimo image--the one that's become a meem...I want to get a AndyxMix parody of it. Can I have it please? (I don't have time to search. I was at this all night)
Spoiler for Response to Vena, Casshern, Zaresh, and Love Me Kags:
I'm guessing that's obvious right?
So anyway I gotta tell you what part I loved...
This was so cute<33 it made me chuckle because I really liked Apollo
-and Kagura is the same as he is. He's shocked and generally confused. It's so cute
Call it shipper delusions or whatever you want, but since we're also discussing the OS, I decided to just post my fave Apollo Silvia moments and I remembered a particular scene..a few of them actually. The parallels are the things that convince me Amata IS NOT Apollon's reincarnation. Also I realized that Mikono is more like Silvia than she appears to be. Silvia had more confidence because she could protect herself and she was an element. Mikono is the person she'd be if she didn't have that. Also I find Mikono's insecurities a lot like the ones Sirius had--as well as Celiane and Silvia
I will save that for another discussion...
I truly believe that the only way Amata's love for Mikono will come to fruition is if he's part of Kagura. If he's not--bites for him but he can always have Zessica (that way, everybody's happy or at least I will be)
Apollionus and Apollo are based on Prometheus and Apollo-
Apollo was born in a lake --
In the OS Baron gives Apollo his name after he was swimming in a frozen lake (I'm still trying to figure out how that's even possible)
Seriously can EVOL be anymore obvious? How could you not see it? (That's sun on a lake behind Kagura)
Again I have to go back to this moment again..
It's exactly like this one--even down to the way Kagura reaches for Mikono in his ship. As soon as I saw it, this moment flashed in my mind
How many times do they have to put emphasis on "Your scent" ?
Beginning of Evol and Kagura constantly commenting on the "scent of his woman"
The OS
"You're scent is nostalgic. I will never forget your scent...I know your STINKING SMELL"
He's also Mikono's Wolf just like Apollo was Silvia's Wolf
How come Amata is none of these things? He has more in common with Silvia and Sirus. I really don't think this is just shipper delusions. If anything these are the reasons I am shipping Kagura and Mikono because they are my beloved pairing from SNA the OS...
Yeah he as wings, to that I say
I know I know.....when I fan girl...I fan girl
Last edited by Lord of Pandemonium; 2012-02-10 at 07:55. Reason: edited wolf pics
|2012-02-10, 07:43
|Link #1213
Join Date: Jan 2011
Location: I'm Dancing & Yelling GANBATTE KAGURA! YOU GO GET YOUR WOMAN BACK!!!!! SHIPPING THEM HARD
Okay I gotta go now but before I go let me leave Kagura and Mikono lovers with a gift (If some nice KaguraXMikono Lover or you just don't care about ships but make graphics would be willing to make me a signature--Please contact me. I want a signature of these two)
Spoiler for IMAGE RENDER DUMP! Mostly Kagura but there is some Mikono too:
|2012-02-10, 08:16
|Link #1214
Awe of She
Join Date: Dec 2005
Location: Orlando
I see the series 'Esemble Darkhorse' has taken everyone for ride...
And I know some perverted soul is going to twist what I just said but I'll leave it be...
Not really rooting for anyone at this point, especially since I haven't watched any of the previous series that tie into this, but I do like Andy the best. If only they'd show more of him and Mix interacting, that would be great.
And I'll move out the way once more so the Ship-to-Ship combat can commence. *bows*
|2012-02-10, 08:57
|Link #1216
Senior Member
Join Date: Dec 2004
Also, not commenting on the whole speculation and shipping thing, just some food for thought: we've seen Amata instinctively know what to do in Aquarion, we've seen him use the legendary (Fudou's words, not mine) Mugen Punch, we've seen Aquarion peeping creepily at shota!Amata (pretty sure that was supposed to be a symbolic representation of something) and the last of what we've seen of his memories was Aquarion taking Alisia (his mother? sister? childhood idol? she's much older than him that's for sure) away from him. I think we can safely say that he's connected to Aquarion on a very deep level which most likely has some relevance as far as reincarnation shenanigans are concerned.
Another interesting person is Alisia, with her connections to Silvia (name, hairdo, played her in the movie) and her obvious importance to the plot. And she's also connected to Amata.
|2012-02-10, 09:20
|Link #1217
We're Back
Join Date: Nov 2006
Location: Discord
Age: 30
For some reason, these two make me laugh
|2012-02-10, 09:29
|Link #1219
We're Back
Join Date: Nov 2006
Location: Discord
Age: 30
Maybe they'll all be one big happy family
|2012-02-10, 09:33
|Link #1220
Not an expert on things
Join Date: Jun 2007
I consider hero as a character archetype, something else entirely, but that's just me.
|comedy, science fiction
|Thread Tools


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As we observe the MLK Holiday today, I'm finishing up both a move and loose ends left over from the start of and changes in the General Assembly. As such, I'm reposting a column from last year. While much of the tone and spirit of our country has drastically changed over the past 12 months, I hope it will also serve as a reminder that our country has worked through tough situations throughout our history, and a spirit of optimism and finding ways to seek common ground have usually been keys to our successes.
A few of the regular readers caught the fact that I attended the opening game of Ole Miss instead of my Georgia Bulldogs at the beginning of this college football season. I got a few online comments, as well as a few concerned emails. After all, with Georgia projected to have its best season in 29 years, wasn't I in the wrong place? I only responded to the questions that it was a family thing, and that I would explain later.
With a few of the discussions we've had here over the past couple of days, coupled with today's observance of MLK day, and tomorrow's historic inauguration, I'm guessing now is as good as a time as any to tell the rest of the story.
Riley was one of my father's closest friends. In the late 1960's, he had been sent to serve the country Methodist church that my family had attended for a few generations in mid-west Georgia. A seminary student at Emory, Riley had been sent to check our church out, and guest-speak at a Sunday service. Having met him only a couple of days earlier, but realizing he was someone special, my father took the opportunity to introduce him to the congregation as "Our new preacher." They were both young men with very young children, and both showed evidence of loving southern fried food a bit too much. They had much in common, and remained friends for the rest of their lives.
Riley returned to his native Mississippi after he graduated seminary, but our families remained close. He became "Uncle Riley" to me and my siblings, and his children are my "cousins". When my father passed away, Riley dropped what he was doing to be back here for our family, and conducted my father's funeral service. And afterwards, his similarities to my own father still strong, I grew closer to him as one of the pieces of my father that I had left.
A couple of years ago, Riley hosted me at his tailgate in "the Grove" before UGA played his Rebels. He loved Ole Miss almost as much as he loved the Methodist Church, and he loved the Methodists a lot. It was interesting to see Riley so happy and so at home in a school that still reveled in Ole Reb. After all, Riley was an active member of the Southern Christian Leadership Conference when he was our minister.
When I asked him about that, he told me that a lot of things have changed over time, both with respect to the University, and in a bigger sense, in the South. There was not a Rebel flag to be found in the stadium. He told me that the politically correct community had failed miserably in trying to get it removed. Then with a bit of a chuckle, he said "but Tubberville only had to mention that it was hurting recruiting one time and they were all gone." I still love the simple pragmatism in that statement. People who were willing to fight for a symbol for whatever their personal reason were able to collectively let it go for one bigger collective reason: the desire to win.
It was not as easy to have a chuckle about making progress in race relations when Riley served our church. He told me that very few of the Church members knew he was involved with the SCLC. After all, they were considered a subversive group, and in most circles, "un-American". I never specifically asked how long it took him before he told my father about it, and I would be willing to guess that my dad wasn't initially approving. Dad was, after all, a product of his environment at the time. I do know, however, he was also helped into this new era, now two generations old, by Riley and others like him. Both of my parents ensured that they raised children who were not racists. Most others in our area did the same. Atlanta earned it's moniker of "The City Too Busy To Hate". After all, as a small city on the move, it wanted to win.
Riley was working at the SCLC's offices in Atlanta the night Dr. King was assassinated. His recollection of Atlanta was an unbelievably uneasy calm. He spent most of the evening driving dignitaries and SCLC operatives from the airport to homes whose owners had volunteered to house guests during the days leading up to the funeral. He recalls being told that he couldn't go near the West End or Atlanta University, because there was rioting and that "white people weren't safe over there". Except that Riley had already made several trips to that area, and would continue to make more, with no troubles.
His last trip of that evening was to take one of their field workers from another city, an African-American gentleman, to one of the larger houses in Druid Hills. He was a young minister in a old VW Beetle delivering and equally young and equally poor black man to one of the nicest homes in Atlanta. And with tears in his own eyes, he recounted how the owner of the home opened his front door, grabbed his guests in a huge bear hug, and said, "welcome to my house" as they all cried over the death of Dr. King.
And now, 40 years later, there is solid evidence of change. My father was at UGA when Charlayne Hunter-Galt and Hamilton Holmes integrated the school. When I attended UGA, Hamilton Holmes Jr. was my Resident Assistant, and I served on the Georgia Recruitment Team with Hamilton Holmes Sr. And the current President of the SCLC will be participating at the inauguration tomorrow of our country's first African American President.
Riley didn't quite make it to see this accomplishment. He succumbed to kidney disease last spring. My trip to Ole Miss was in his honor, as well as to be with his son as our families continue their friendship through the next generations. I honestly don't know if Riley would have voted for President-elect Obama. He was one of the few people who I didn't waste conversation with talk of current politics. I am confident, however, that he would be quite proud that our country has reached a point in history where this is possible. I am equally confident that he would tell all of us that we still have a lot of work to do. Hopefully, as a country, we still want to win.


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Continuing on from last week's blog , Rizza and her family are back with their nano in Vegas!
Here's a roundup of the highlights of our trip: THE TOP 5 FREE FAMILY THINGS TO DO AT THE LAS VEGAS STRIP which Hubby, Camillia and I enjoyed with the nano .
1. Marvel at the moves of the Dancing Fountains of Bellagio at Bellagio Hotel
A refreshing show of dancing water fountains to the sounds of opera, classical and Broadway tunes. Cami was lifting her hands in the air as if conducting the music and making the waters soar high up in the air, then rush back down in a synchronized splash.
2. GET UP CLOSE TO FLAMINGOS at the Wildlife Habitat at Flamingo Las Vegas Hotel and Casino
Stroll a serene garden courtyard, a paradise to wildlife habitat of pink flamingos, pelicans, swans, ducks, more exotic birds, koi fish, and "tur-turs" (turtles!). Hearing Cami say "Ming-Goooo!" for the first time was just as amusing as seeing the flamingos stand on one leg!
TIP: Watch out for two live feedings daily, one early morning at 8:30 am and one in the afternoon at 2 pm!
3. SPLENDOUR IN BREATHTAKING FLORAL EXHIBITS at the Conservatory and Botanical Gardens of Bellagio Hotel
Take a relaxing, leisurely stroll along theatrically arranged gazebos, bridges and ponds and be amazed with arrays of colourful flowers, plants and trees all around you. We were certainly awe-inspired to magnificent floral displays and creations (which actually changes every season and holidays!).
TIP: Enjoy the spectacular floral sights with sounds of live musical performances from 5 pm to 6 pm daily in the South Garden!
4. WATCH A COOL YET HOT VOLCANIC ERUPTION at The Mirage
At first captured by serene waterfalls, be suddenly thrilled as the volcano ignites fire and spits out massive fireballs, as your heart thumps to the tribal musical masterpiece of beating drums, actual volcanic erupting sounds and smoke effects. Cami was brave enough to withstand the rumbles, feel the heat of the flames and witness the toasty, erupting Volcano.
TIP: If the heat of the flames and sound of the pulsating soundtrack might scare your little one, watch the volcano from across the street. You'll feel less heat, hear less thumping sounds, and ever get a BETTER panoramic view of the action!
5. BE ENTERTAINED WITH WORLD CLASS CIRCUS ACTS at the Center Stage of the Carnival Midway of Circus Circus
Daring acrobatics, high-flying trapeze acts, juggling wizards, high speed skaters, slack wire sensations, freestyle bike champions - you'll never know what brilliantly entertaining circus act you might catch. Cami was particularly dazzled over the aerial artistry acts and was inspired to showcase an act herself.
TIP: While you wait between circus acts, although not free, try your luck to win prizes! The prizes range from oversized stuffed animals and gigantic basketballs to Razor scooters, from a selection of family-friendly games in the carnival atmosphere of the Reno Midway of Fun. Acts start at 11 am, then every 30-50 minutes (depending on the act), through midnight.
Of course, the super highlight of our trip would have to be the VEGAS wedding!
Congrats to the newlyweds!
The Vegas wedding was AMAZING! Here's HOW TO ENJOY A WEDDING THE NANO WAY.
If you wish to see more of the nano in action click here
Written by: Rizza Huetter


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Rule #1 - Be Patient - Rule #2 - Don't ask when, if you don't contribute - Rule #3 - You have coding skills - LinuxMCE's small brother is available: http://www.agocontrol.com
UseEvents = True
I'm not sure if Xine_Player is supposed to exit after each movie and isn't, or of there is some other issue but the problem is definitely with Xine_Player. I'm not really sure where to go from here. Xine_Player is a binary not a wrapper script so it's not something I can look into, and I'm not sure if the intended use is to exit after each movie or stay running. I'm also beginning to wonder if it's related to how I/we exit movies and go back to the main menu.
valgrind? -Thom


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Okay, I'm back, and I've calmed down. Well, I've mostly calmed down. It's hard to be suave enough not to squeal when sharing such news as this. Taylor Lautner is totally single again. I know! Let's all take a quick break for cheering, possibly while running around our homes. Back? Good.
I'm not saying that we should be happy to see Taytay suffering any major heartache. If he'd been photographed weeping on the street in light of his breakup with his Tracers co-star Marie Avgeropoulos, that would be a different story. A story that involved much smack-talk. But from the sounds of it, Taylor is doing just fine, both romantically and professionally.
More from The Stir: 12 Insanely Hot Taylor Lautner Photos
His love life has been the subject of massive amounts of speculation -- some might even say scads of speculation. Like me, for example. While he and Marie were often photographed together looking adorable-and-puke-inducing this summer, that hasn't been the case in later days. We don't know what caused the split, but we do finally know it's official. How? Because Taylor confirmed it. When asked recently who he was dating, Taylor had this to share:
[N]obody seriously at the moment. I'm trying to focus on the work right now. I'm sure the tabloids have me with a few different people.
Look at him acting all too cool to care! I kind of love it. It's no wonder his love life isn't a priority right now -- the dude is all over the place building his career. I, for one, am maybe far too excited about his upcoming role in the remake of Boogie Nights. I have to be excited about it. If I weren't, I'd have to become very, very sad that we are remaking movies that were released in 1997. Off to look at more pictures of Taylor's very single abs to console me!
Do you think Taylor's really single, or just trying to maintain some privacy?
Image via Instagram


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March 21, 2012
By -, -
KANSAS CITY, Mo. – JB Eksteen of Lee (Tenn.) has been named the first NAIA National Men's Golfer of the Week for the 2012 spring season, the national office announced Wednesday. Eksteen was selected based on his performances from March 12 – 18 and was chosen out of a pool of conference/independent/unaffiliated group golfer of the week selections.
Eksteen dominated a field of 85 golfers at the Lee Spring Invitational held March 12 – 13 in Cleveland, Tenn. The junior native of Paarl, South Africa, carded a 67-67–134 at the two day event, earning him medalist honors for the then fifth-ranked Flames. Eksteen's 10-under-par placed him nine strokes in front of the second-place finisher and helped Lee to a second-place (306-287–593) team finish behind Tennessee Wesleyan.
The next Men's Golfer of the Week will be announced on March 28.
Nominees: Jack Hiscock, Bethany (Kan.); Mark Phillips, South Carolina Beaufort; Fredrik Lindblom, Cumberlands (Ky.); Tyler Thurston, College of Idaho; Logan Herbst, Oklahoma Christian; Johan Andersson, Southern Nazarene (Okla.); Daniel Bova, Warner (Fla.); Dustin Thomas, Cumberland (Tenn.); Michael Alread, Tennessee Wesleyan; Mark Beneke, Indiana Tech; Brett Barry, Union (Tenn.); Chris Dudley, Corban (Ore.); Michael Palmer, Oklahoma City; Mitch Card, Simpson (Calif.).
2012 Composite Award Winners
Week 1: JB Eksteen, Lee (Tenn.)


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Finally, Action at the Ambassador?
The Ambassador Hotel site hasn't changed much in several months (it still looks the same as above, which was shot back in April).
But it looks like there's finally some activity on the site for the first time in several months.
Reader James writes in:
I've really enjoyed your Ambassador Hotel blog. I live about 10 feet from the hotel property, so I've been very interested in what's happening there, and your site has been a source of much useful info.
Thought you might be interested to know: after a couple months of silence, the bulldozers have been back to work there for the past three days (they showed up on Saturday morning, and continued on Monday and Tuesday). They're not doing anything to the building itself (what's left of it), but they're hard at work digging up portions of the property behind the building.
Does this renewed activity signal anything important? (for example, are they gearing up to start working on the school?) Useful intel has been hard to find.
Meanwhile, I just discovered that the fine folks at TheAmbassadorHotel.com have posted Diane Keaton's speech from the Ambassador Wake online at You Tube -- check it out here.


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Petition of Railroad Workers of Hungarian Origin, Draft Reply, Legal Arguments
After World War I, the states of central and southeastern Europe were compelled by the victorious Allied and Associated Powers to sign agreements guaranteeing religious, social, and political equality to their minority populations. The states covered were Austria, Bulgaria, Czechoslovakia, Greece, Hungary, Poland, Romania, and Yugoslavia. Groups or individuals who believed they had been discriminated against for ethnic or linguistic reasons could petition the League of Nations for redress by the Council. The Minority Section within the League Secretariat was responsible for screening incoming petitions, requesting responses from the accused states, and forwarding cases to an ad hoc Committee of Three, which was asked to determine whether involvement by the Council was warranted. Between 1920 and 1939, some 883 petitions were submitted to the Minority Section. However, only 16 of the 395 petitions deemed "receivable" ever reached the attention of the Council, and of these 16, the Council very reluctantly condemned the accused state of improper treatment in only four cases. In 1932, a group of 18 railroad workers of Hungarian origin submitted a petition alleging discrimination by the government of Czechoslovakia. The workers, all formerly employed by the railroads of Austria-Hungary, claimed that they had been discharged from their jobs and denied pensions on the grounds of their nationality. Shown here is the reply to the petition by the Committee of Three, composed of representatives from Guatemala, Norway, and Spain. The committee concluded that the men had not been discriminated against, but it nonetheless suggested that the government of Czechoslovakia consider whether a way could be found for the men to receive pensions for their pre-1918 employment. The response was in many ways typical of the approach taken by the Minority Section, which was to avoid condemning states outright for discrimination while seeking to defuse problems through informal solutions. The document is held in the archives of the League, which were transferred to the United Nations in 1946 and are housed at the UN office in Geneva. The archives were inscribed on the UNESCO Memory of the World register in 2010.
Subject Date
Publication Information
Additional Subjects
Type of Item
Physical Description
2 typed pages
IIIF Manifest Help
Last updated: November 14, 2017


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Song and Word workshops will return in 2009. Feel free to browse through the
2007 schedule to see the type of workshops we put together
and the high quality of our workshop leaders.
"Every once in awhile you just need to get away to a place where you can focus on your passion. The environment you two have created allows us to be comfortable and open with our music. Plus the landscape and harbor seals doesn't hurt either. Thanks for opening your home and hearts to us."
-- Angie, Portland, Ore.
Songandword's 2007 season includes Grammy-nominated and
chart-topping songwriters and successful authors
Grammy-nominated songwriter Kye Fleming, "A Song Journey Workshop," May 4-6; more than 45 songwriting awards, including Billboard Song of the Year (twice), BMI Pop Songwriter of the Year (twice) and BMI Country Songwriter of the Year (three times); and as music publisher, the 2002 ASCAP Song of the Year.
Grammy-nominated songwriter Steve Seskin, "Capture the Magic: Write Memorable, Meaningful, Moving Songs," Sept. 14-16; written seven #1 songs, including Grammy-nominated Grown Men Don't Cry (Tim McGraw) and Don't Laugh at Me, NSAI Song of the Year and Music Row Magazine Song of the Year. His other chart-toppers are No Doubt About It, For a Change, No Man's Land, If You've Got Love, Daddy's Money.
Singer/songwriter Cosy Sheridan, "Songwriting: Heart, Head, and Voice," May 18-20; award-winning songwriter has performed from Carnegie Hall to The Dr. Demento Show; released several CDs and written a one-woman show; taught at songwriting camps all over the country, including the California Coast Music Camp.
Songwriting and music-business consultant John Braheny and creativity consultant JoAnn Braheny; "Songcraft, Creativity and Marketing," tentatively June (email us at email@example.com if interested). One of the most respected names in the music industry, John wrote the songwriters' bible, The Craft and Business of Songwriting, now in its third edition.
Travel writer Myrna Oakley, "Travel Writing for Fun and Profit," Sept. 7-9, author of Washington Off the Beaten Path, Oregon Off the Beaten Path, Recommended Bed and Breakfasts: Pacific Northwest, and Public and Private Gardens of the Northwest; teaches writing courses at colleges and writers conferences.
Award-winning publicist Alice B. Acheson, "Writing a Book? Now What?, June 15-17; 35-year publishing experience; six years as editor for a major New York City publisher and publicity director at two other publishing houses (handled several New York Times bestsellers); now an independent marketing and publishing consultant.
Songwriter Sue Ennis, "Songwriting Construction Zone: Tips & Tools for Your Songwriting Toolbox," July 27-29; co-written more than 50 songs for Heart (Dog and Butterfly, Straight On, Even It Up); songs for film and commercials; board member, Seattle chapter, National Association of Recording Arts and Sciences.
The workshop fee includes instruction, consultation, home-cooked meals, bunk-bed accommodations, hot tub and wildlife. Fees vary. Please see individual workshop descriptions for information. Two-day personal retreats are available as extensions of the workshops for an additional fee and are limited to two participants. We can also arrange a retreat for your songwriters or writers group, or your own personal retreat.
"This weekend's writer's workshop was everything I had hoped it would be, and more. Thank you for providing an opportunity to form a 'sacred circle' of talented women to inspire and utilize the time to co-create together. Your beautiful home was an inspiration to me and elements of the retreat experience are reflected in my first children's book concept – from the setting and the warm feelings between members – to the symbol of the quilt hanging on your wall. I will cherish this memory throughout my life as the beginning of a journey of creativity into a new art form." -- Allison, Bainbridge Island, Wash.
"Much credit to Maggie and Sharon for creating a perfect vibe for creativity and ideas to blossom … what you have there is incredible. I will never forget my weekend with you." -- Carla, Seattle
"We came not knowing what to expect and you've put us utterly at ease and given us permission to soar!"
-- Katherine Bond, Duvall, Wash.
Note: Our current accommodations
limit the workshops and retreats to women.
You Know You're In Washington When …
With Whom Will You Spend the Rest of Your Life?
A book and CD by Maggie Savage and Sharon Wootton
P.O. Box 860
Shaw Island WA 98286


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Communications at JMU
Our communications programs touch nearly every corner of this broad, fast-paced academic arena.
We present our curriculum with a firm grasp of what goes on in the real world because we understand something with great clarity - knowledge and skills are so much more valuable to our students when they can be applied again and again. That's part of the reason our graduates consistently find themselves so employable.
We have a wealth of student organizations and award-winning student publications, such as our often-heralded twice-weekly newspaper The Breeze.
From print journalism and corporate communication to computer software and digital video, we have something that is sure to pique your interest.


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Must-See Outdoor Art
From city plazas to pastoral art parks, a survey of alfresco exhibitions and installations you don't want to miss this summerPosted December 31, 2011
Intersection of State and Adam streets, Chicago
Perhaps redeeming itself for the Marilyn debacle (i.e., the much-maligned and recently dismantled 26-foot-tall sculpture of the buxom blond actress by J. Seward Johnson that had been prominently perched on Michigan Avenue), Chicago's latest foray into public art takes a decidedly different approach. Stockholder, known for using vibrant color in her work, has temporarily added bright swaths of red, green, and blue to the streets, sidewalks, and buildings clustered at a busy city intersection. The eye-catching transformation completely reshapes Chicagoans' experience of the everyday space, creating an effect, as Stockholder has described it, that's akin to "walking through an animated film." On view through September; chicagoloopalliance.com
Karlsaue Park in Kassel, Germany
Every five years, the art extravaganza known as Documenta takes over the otherwise unremarkable industrial city of Kassel. Since the 13th edition of the exhibition opened in early June, the international art set has been flocking there to check out the must-see, largely site-specific offerings. One of the most talked about works is Chinese artist Song Dong's Doing Nothing Garden, in the city's elegant Karlsaue Park. It's a 23-foot-high mini mountain range of garbage and rubble, topped with sod and dotted with neon Chinese characters that spell out "Doing" and "Nothing." Like many of the artist's works, the piece deals with consumption and waste, a monument to the folly of failing to deal with underlying ecological issues. On view through September 16; d13.documenta.de
MoMA PS1, Long Island City, New York
For the past 13 years, the Museum of Modern Art's youthful outer-borough sibling, PS1, has been commissioning architects (usually up-and-comers) to design a structure in its walled-in front court to enliven the space and serve as a centerpiece for the Summer Warm-Up concerts and performances held there each Saturday. The honor this year went to Matthias Hollwich and Marc Kushner, the duo behind the New York firm HWKN, who conceived a giant spiky blue mass they named Wendy. Encapsulated in a matrixlike metal cage—like an otherworldly sea urchin in a lobster trap—the structure is made from a titanium-treated nylon fabric that neutralizes nearby pollutants, effectively cleaning the surrounding air. And the spikes themselves are activated, emitting music and a light mist, for revelers looking to cool off. On view through September 8; momaps1.org
Château de Versailles, France
The Paris-born, Lisbon-based sculptor Vasconcelos follows in the footsteps of Jeff Koons, Takashi Murakami, and Xavier Veilhan—previous artists who were invited to install their work inside the iconic Château de Versailles. Vasconcelos has placed her ornate, often crocheted sculptures throughout the resplendent buildings. But it's in the gardens where her work takes on a truly monumental scale. One of the outdoor pieces, Blue Champagne, comprises two 30-foot-tall candlestick-like structures (one seen here) studded with thousands of LED-lit Champagne bottles and installed in shallow pools near the palace's terrace. It's a display of bubbly extravagance that seems to conjure the spirit of Versailles's most famous resident, Marie Antoinette. On view through September 30; vasconcelos-versailles.com
Bemis Center for Contemporary Arts, Omaha, Nebraska
Few natural phenomena inspire the kind of joy and wonder prompted by the fleeting beauty of rainbows. Surely you saw the weepy, stoner-transcendental "double rainbow" video that became a YouTube sensation. Well, this summer artist Michael Jones McKean is hoping to produce a similar effect with his piece at the Bemis Center, which uses captured rainwater to produce a rainbow that arcs directly over the museum for 20 minutes, twice a day (specific times are posted on the museum's website). The rainwater is pumped to nozzles affixed to the roof. At showtime, certain nozzles activate, producing a wall of water from which the rainbow emerges—each one a unique creation with variations based on the time of day and the position of the sun. On view through September 15; therainbow.org
The Los Angeles County Museum of Art
Few works of art capture the public's attention en route to their installation, but a 340-ton granite boulder that Land Art pioneer Michael Heizer handpicked for an outdoor commission at LACMA made major waves earlier this year when it was being transported to the museum from a quarry in Riverside County. The 105-mile journey took 11 days, as the stone traveled exclusively at night, at speeds of just a few miles per hour, along a special route of side streets and bridges sturdy enough to support its weight. Heizer—whose most famous work, City, is a collection of massive concrete and earthen structures on a vast site in the Nevada desert—suspended the giant boulder over a 456-foot-long concrete trough on LACMA's Resnick North Lawn so that visitors can walk beside and beneath it. On view indefinitely; lacma.org
Iris and B. Gerald Cantor Roof Garden at the Metropolitan Museum of Art, New York
Argentine artist Saraceno snagged this summer's coveted commission on the Met's roof garden, where expectations were raised following 2010's hugely popular Big Bambú installation by Doug and Mike Starn. Combining ideas about visionary architecture and an interest in naturally occurring patterns, Saraceno created a navigable structure of interconnected, molecule-like multisided forms. The artist (who has a concurrent show at Manhattan's Tanya Bonakdar Gallery, through July 27) fabricated the piece with a metal framework and mirrored and transparent surfaces that enhance the irresistible fun-house aspect by reflecting and distorting views of the surrounding trees, buildings, and sky. On view through November 4; metmuseum.org
Birkenhead waterfront, Merseyside, U.K.
One of several public artworks commissioned on the occasion of the London 2012 Olympics, Anthony McCall's ambitious alchemical installation has been in the planning stages since 2009. After several setbacks, it recently got the official go-ahead from the local city council in Birkenhead, which is directly across the Mersey River from Liverpool. It's the largest-ever piece by the artist, whose work typically involves projecting light—often in shaped beams—through air particles to create the illusion of volume and form. (Some of his signature pieces are included in a stunning solo exhibition at Berlin's Hamburger Bahnhof this summer.) For Column, McCall will project a skinny beam of warm air upward through the seaside mist, creating a cyclonic waterspout as it extends high into the sky. As seen in the artist's rendering here, the column—which will be visible throughout the region—will twist and sway with the breezes. On view late August through next summer; artscouncil.org.uk
The Civic Center Plaza, near the San Francisco Asian Art Museum
Choi Jeong Hwa's Breathing Flower is on view in conjunction with "Phantoms of Asia: Contemporary Awakens the Past," a group exhibition at the Asian Art Museum that examines ways in which contemporary Asian artists are using traditional themes and iconography. The Korean sculptor's kinetic sculpture riffs on the lotus blossom, a common motif in Buddhist art. With its inflated and motorized petals, the 24-foot-tall piece has an anthropomorphic feel to it, gently inhaling and exhaling as if equipped with giant lungs. On view through September 2; asianart.org
Doris C. Freedman Plaza (60th Street and Fifth Avenue), New York
The Italian-born, Anchorage-based Pivi often toys with absurdity, upending viewers expectations by placing familiar objects in unnatural settings. How I Roll, a piece commissioned by the Public Art Fund, consists of a six-seat Piper Seneca held aloft by metal supports attached to the ends of its wings. A motor rotates the plane slowly throughout the day, nose first, making steady balletic flips, like a toy. Installed on a bustling corner of Central Park, the playful piece, with its tongue-in-cheek title, will no doubt delight passersby, and perhaps even inspire them to expand their notions of what constitutes art. On view through August 26; publicartfund.org
The Philadelphia Museum of Art
LeWitt's Lines in Four Directions is a long-term installation at the PMA that takes the artist's conceptual abstractions beyond the gallery walls and presents his work in a whole new medium. Created with more than 7,000 flowers and plants, the piece consists of four contiguous plots, each with a distinct pattern, on the long plaza in front of the museum's columned western faìade. The late artist stipulated the basic arrangements of red, yellow, blue, and white flowers, which will take on an entirely different look in fall and winter. On view through summer 2014; philamuseum.org
Jupiter Artland, Edinburgh, Scotland
One of several new commissions at the bucolic Edinburgh sculpture park, Gallaccio's Light Shines Out of Me is a dazzling otherworldly crater lined with amethyst crystals and volcanic glass. The Scottish artist often incorporates elements of nature into her sculptures and installations, and this piece—a kind of imaginary excavation—alludes to the rich and unexpected wonders that lie beneath the earth's surface. On view indefinitely. jupiterartland.org
Storm King Art Center, Mountainville, New York
Located about 60 miles north of Manhattan, Storm King, the 500-acre Hudson Valley sculpture park, has long been a favorite destination of art-savvy day-tripping New Yorkers. Works from the permanent collection are always on view (April through November), but this summer's temporary exhibition, "Light and Landscape," is particularly compelling. It features artists who use natural light as a key component in their work, including William Lamson, whose Last Light is submerged just below the surface of the center's south pond. Composed of a long reflective foil strip, the work is angled specifically to catch the glow of the setting sun, giving form and color to the sun's last rays and—at least metaphorically—allowing them to live on through the darkness. On view through November 11; stormking.org


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Court Says You Can't Innovate If It Would Negatively Impact NBC's Business Model
from the of-course-not dept
The district court was not impressed, and basically said that ivi was trying to do an impressive tapdance -- defining itself as a cable provider to be able to use Section 111, but then claiming it was not a cable provider under the Communications Act. On appeal, ivi has lost again (pdf and embedded below), as the appeals court went a simpler route, and pointed out that reading the legislative history of Section 111 makes it clear that it was not intended to be used by services over the internet.
While I had bounced around on this earlier, I actually think that the court is probably right here, in terms of what Congress' intent was.
There still are some troubling parts to the ruling, mainly concerning purely faith-based claims by Judge Denny Chin that a service like ivi creates irreparable harm to the TV networks. Chin specifically claims that if ivi streams the videos online it hurts the networks:
First, ivi's live retransmissions of plaintiffs' copyrighted programming over the Internet would substantially diminish the value of the programming.I don't see how that's true at all -- and it's certainly not obviously true. In fact, it could increase the value of the programming by making it easier and more convenient for more people to watch. Judge Chin tries to back up this statement by arguing that because the TV guys often sell ads targeted at specific segments and times, this could mess with that:
Plaintiffs broadcast their copyrighted programming to various communities at different scheduled times, for example, based on time zone or local network provider. For this reason, negotiated Internet retransmissions -- for example, on Hulu.com -- typically delay Internet broadcasts as not to disrupt plaintiffs' broadcast distribution models, reduce the live broadcast audience, or divert the live broadcast audience to the Internet.But... that makes no sense. If that's true, then one could just as easily make the same argument about VCRs or DVRs. Yes, they disrupt the "traditional" way that a certain industry's business model works, but that doesn't necessarily mean that it's automatically diminishing the value of the original. After all, the TV guys made the same arguments about both VCRs and DVRs and now most of them admit that the DVR has actually helped their business by increasing the value of shows by making them more easily watchable by people. There's no reason to think the same thing wouldn't be true here.
If ivi were allowed to continue retransmitting plaintiffs' programming live, nationally (and arguably, internationally), over the Internet, and without plaintiffs' consent, ivi could make plaintiffs' programming available earlier in certain time zones than scheduled by the programs' copyright holders or paying retransmission rights holders. ivi's retransmissions of plaintiffs' copyrighted programming without their consent thus would devalue the programming by reducing its "live" value and undermining existing and prospective retransmission fees, negotiations, and agreements. ivi's retransmissions would dilute plaintiffs' programming and their control over their product.
In the end, as we argued from the beginning, the situation with ivi and Aereo (and Zediva and others) is silly. They're all looking for loopholes in the law to do what should clearly be allowed anyway. But because of the ridiculously expansive nature of copyright law, which is allowing legacy players to kill off new technologies, such things aren't allowed. And we end up with results like this, where an interesting concept (even if it tried to jump through crazy legal hoops) is flat out declared to break the law and shut down. Innovation be damned. NBC has to sell you more diapers via the commercials it's always sold in prime time. And you're not allowed to mess with that.