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1988 Black Sea bumping incident
The Black Sea bumping incident of 12 February 1988 occurred when American cruiser USS Yorktown tried to exercise the right of innocent passage through Soviet territorial waters in the Black Sea during the Cold War. The cruiser was bumped by the Soviet frigate Bezzavetny with the intention of pushing Yorktown into international waters. This incident also involved the destroyer USS Caron, sailing in company with USS Yorktown and claiming the right of innocent passage, which was intentionally shouldered by a Soviet Mirka-class frigate SKR-6. Yorktown reported minor damage to its hull, with no holing or risk of flooding.[1] Caron was not damaged.[1]
At the time, the Soviet Union recognized the right of innocent passage for warships in its territorial waters solely in designated sea lanes.[2] The United States believed that there was no legal basis for a coastal nation to limit warship transits to sea lanes only.[3] Subsequently, the U.S. Department of State found that the Russian-language text of the United Nations Convention on the Law of the Sea, Article 22, paragraph 1 allowed the coastal state to regulate the right of innocent passage whenever necessary, while the English-language text did not.[1] Following the incident, the Soviet Union expressed a commitment to resolve the issue of innocent passage in Soviet territorial waters.[1]
Soviet frigate Bezzavetny (right) bumping USS Yorktown
Soviet frigate SKR-6 bumping USS Caron
In 1979, the United States launched an informal program to promote the "rights and freedoms of navigation and overflight guaranteed to all nations under international law."[1] The US government said that it initiated the program because some countries were beginning to assert jurisdictional boundaries beyond traditional claims.[1] The United States wished to stop this and, it said, diplomatic protests had seemed to be ineffective.[1] A new customary international law could emerge if nations avoided operating their ships and aircraft in the disputed areas, and the US saw this as undesirable.[1]
In the 1980s, US warships were passing through the straits from the Mediterranean into the Black Sea two or three times a year to "show the flag" and to claim the right of innocent passage in the coastal states.[1] Aside from the right of free passage, US naval activity in the Black Sea served the purpose of upholding US rights under the 1936 Montreux Convention Regarding the Regime of the Straits. According to a US government official, "the Dardanelles and the Bosporus form an international waterway" under that convention and "if you don't periodically reaffirm your rights you find that they're hard to revive."[1]
Meanwhile, "The Rules of Navigation and Sojourn of Foreign Warships in the Territorial Waters and Internal Waters and Ports of the USSR," enacted by the Soviet Council of Ministers in 1983, acknowledged the right of innocent passage of foreign warships only in restricted areas of the Soviet territorial waters in the Baltic, Sea of Okhotsk and the Sea of Japan;[1] no sea lanes for innocent passage in the Black Sea were designated.[1] The Soviet vessels and aircraft were routinely dispatched to observe US warships there.[1] In the 1980s, the Soviet Union viewed the US presence in the Black Sea as an attempt to undermine improving Soviet–American relations.[1]
After the 1986 incident in the Black Sea, also involving USS Yorktown and USS Caron, a meeting of the Soviet Defence Council was held later in the same year.[4] At the meeting, the Commander-in-Chief of the Soviet Navy Vladimir Chernavin offered to Mikhail Gorbachev, Defense Minister Sergey Sokolov, Foreign Minister Eduard Shevardnadze, and other senior officials that intruding foreign warships could be driven from Soviet waters by several means including bumping.[4]
On 12 February 1988, the Ticonderoga-class cruiser USS Yorktown, and the Spruance-class destroyer USS Caron, conducted an innocent passage exercise in the Black Sea. Caron passed 7.5 mi (12.1 km) off the Soviet shore, and Yorktown drew to 10.3 mi (16.6 km) offshore. The commander of the Black Sea Fleet Mikhail Khronopulo received an order from Chernavin to curb the passage of US warships.[4] Initially the destroyer Krasnyy Kavkaz was tasked with confronting them, but she experienced technical problems so Bezzavetnyy, a Krivak-class frigate, was dispatched instead.[5] However, according to Bezzavetny's commander, Captain Vladimir Bogdashin, his ship had two cruise missiles instead of four, was half the size of Yorktown, and was only a third its size by displacement.[5] The Soviet frigate SKR-6, commanded by Captain Anatoliy Petrov, was approximately one quarter the size of USS Caron.[5]
First, Caron was approached by the frigate SKR-6, and three minutes later, Yorktown was approached by the frigate Bezzavetnyy,[1] while Tupolev Tu-16 bombers monitored the vessels' movements.[6] As the US warships clipped a corner of the Soviet territorial waters, they were bumped. At 10:02 a.m, local time, 44°15.2′N 33°35.4′E / 44.2533°N 33.5900°E, 10.5 nautical miles (19.4 km; 12.1 mi) from the coast, SKR-6 bumped the port side aft of Caron at frame about 60 feet (18 m) from the bow.[1] Caron received superficial scraping of paint, with no personnel injuries.[1] Bezzavetnyy, having bumped Yorktown, was ordered to move away and not to contact her again.[5]
Both US warships stayed on even course after the incident. Caron left Soviet territorial waters at 11:50 a.m. local time without further incident.[1]
Both US warships reported the incident to the commander in chief of United States naval forces in Europe. Caron reported that, at 13:20 local time, it was informed on channel 16 VHF by Bezzavetnyy: "Soviet ships have orders to prevent violation of territorial waters, extreme measure is to strike your ship with one of ours."[1] The reply of Caron was "I am engaged in innocent passage consistent with international law."[1] Yorktown, in its report stated that on 9:56, local time, it was contacted by Bezzavetnyy via channel 16 and told to leave Soviet territorial waters or "our ship is going to strike on yours."[1] Then, according to the report, Bezzavetnyy came alongside port side of Yorktown at 10:03 and bumped it by turning into the ship.[1]
The starboard anchor of Bezzavetnyy was torn away.[1] Two Harpoon missile canisters on Yorktown sustained damage when Bezzavetnyy's bullnose passed down port quarter. Bezzavetnyy then cleared to port and took station 300 yd (270 m) off the port beam of Yorktown.[1] Bezzavetnyy required a minor repair.[5]
The Soviet Ministry of Defense issued a statement blaming the U.S. warships for ignoring the "warning signals of Soviet border guard ships" and for "dangerously maneuvering in Soviet waters".[3] The incident also drew a diplomatic protest from the U.S. government.[7]
These incidents were covered in the annual review of compliance with the US/Soviet Agreement On the Prevention of Incidents On and Over the High Seas signed on 25 May 1972.
^ a b c d e f g h i j k l m n o p q r s t u v w x William J. Aceves. "Diplomacy at Sea: U.S. Freedom of Navigation Operations in the Black Sea". International Law Studies. 68.
^ Kraska & Pedrozo 2013, pp. 255–256
^ a b Kraska & Pedrozo 2013, p. 256
^ a b c Сергей Птичкин (10 April 2014). Атака "Беззаветного". Rossiyskaya Gazeta (in Russian). Archived from the original on 8 September 2014. Retrieved 8 September 2014.
^ a b c d e Алексей Овчинников (16 February 2012). Империя наносит последний удар. Komsomolskaya Pravda (in Russian). Archived from the original on 7 September 2014. Retrieved 7 September 2014.
^ Mark Thompson (13 February 1988). "Soviet, U.S. Ships Bump In Black Sea". Philadelphia Media Network. Archived from the original on 7 September 2014. Retrieved 6 September 2014.
^ Kraska & Pedrozo 2013, p. 257
Kraska, James; Pedrozo, Raul (2013). International Maritime Security Law. Martinus Nijhoff Publishers. ISBN 9004233571.
1976 Argentine coup d'état
The 1976 Argentine coup d'état was a right-wing coup that overthrew Isabel Perón as President of Argentina on 24 March 1976. A military junta was installed to replace her; this was headed by Lieutenant General Jorge Rafael Videla, Admiral Emilio Eduardo Massera and Brigadier-General Orlando Ramón Agosti. The political process initiated on 24 March 1976, took the official name of "National Reorganization Process", and the junta, although not with its original members, remained in power until the return to the democratic process on December 10, 1983.
The coup d'état had been planned since October 1975, and the United States Department of State learned of the preparations two months before its execution. The American secretary of state Henry Kissinger would meet several times with Argentinian military leaders after the coup, urging them to destroy their opponents quickly before outcry over human rights abuses grew in the United States.
ASEAN Declaration
The ASEAN Declaration or Bangkok Declaration is the founding document of Association of Southeast Asian Nations (ASEAN). It was signed in Bangkok on 8 August 1967 by the five ASEAN founding members, Indonesia, Malaysia, Philippines, Singapore, and Thailand as a display of solidarity against communist expansion in Vietnam and communist insurgency within their own borders. It states the basic principles of ASEAN: co-operation, amity, and non-interference. The date is now celebrated as ASEAN Day.
Anti anti-communism
The phrase anti anti-communism has been noted by Clifford Geertz, an American anthropologist at the Institute for Advanced Study as a term applied, in "the cold war days" by "those who … regarded the [Red] Menace as the primary fact of contemporary political life" to "[t]hose of us who strenuously opposed [that] obsession, as we saw it … with the insinuation – wildly incorrect in the vast majority of cases – that, by the law of the double negative, we had some secret affection for the Soviet Union."Stated more simply by Kristen R. Ghodsee and Scott Sehon: "In 1984, the anthropologist Clifford Geertz wrote that you could be 'anti anti-communism' without being in favour of communism."Jonathan Chait, in a critique of Stephen F. Cohen used a fully hyphenated form of the term, calling Cohen: "… an old-school leftist who has carried on the mental habits of decades of anti-anti-communism seamlessly into a new career of anti-anti-Putinism."
An arms race occurs when two or more nations participate in interactive or competitive increases in "persons under arms" as well as "war material". Simply defined as a competition between two or more states to have superior armed forces; a competition concerning production of weapons, the growth of a military, and the aim of superior military technology.
The term is also used to describe any long-term escalating competitive situation where each competitor focuses on out-doing the others.
An evolutionary arms race is a system where two populations are evolving in order to continuously one-up members of the other population. This concept is related to the Red Queen's Hypothesis, where two organisms co-evolve to overcome each other but each fails to progress relative to the other interactant.
In technology, there are close analogues to the arms races between parasites and hosts, such as the arms race between computer virus writers and antivirus software writers, or spammers against Internet service providers and E-mail software writers.
More generically, the term is used to describe any competition where there is no absolute goal, only the relative goal of staying ahead of the other competitors in rank or knowledge. An arms race may also imply futility as the competitors spend a great deal of time and money, yet end up in the same situation as if they had never started the arms race.
Asian Relations Conference
The Asian Relations Conference took place in New Delhi in March-April 1947. It was hosted by Prime Minister Jawaharlal Nehru, who then headed a provisional government that was preparing for India's Independence, which came on 15 August 1947. The Asian Relations Conference brought together many leaders of the independence movements in Asia, and represented a first attempt to assert Asian unity. The objectives of the conference were "to bring together the leading men and women of Asia on a common platform to study the problems of common concern to the people of the continent, to focus attention on social, economic and cultural problems of the different countries of Asia, and to foster mutual contact and understanding."
In his writings and speeches, Nehru had laid great emphasis on the manner in which post-colonial India would rebuild its Asia connections. At this conference Nehru declared: "... Asia is again finding herself ... one of the notable consequences of the European domination of Asia has been the isolation of the countries of Asia from one another. ... Today this isolation is breaking down because of many reasons, political and otherwise ... This Conference is significant as an expression of that deeper urge of the mind and spirit of Asia which has persisted ... In this Conference and in this work there are no leaders and no followers. All countries of Asia have to meet together in a common task ..."
Die Wende
Die Wende (German pronunciation: [diː ˈvɛndə], "The Turn" or "The Turnaround") is a German term that has come to signify the complete process of change from the rule of the Socialist Unity Party of Germany and a centrally planned economy to the revival of parliamentary democracy and a market economy in the German Democratic Republic (also known as East Germany or the GDR) around 1989 and 1990. It encompasses several processes and events which later have become synonymous with the overall process. These processes and events are:
the Peaceful Revolution during the presidency of Soviet leader Mikhail Gorbachev, a time of massive protest and demonstrations (Montagsdemonstrationen – "Monday demonstrations" and Alexanderplatz demonstration) against the political system of the GDR and for civil and human rights in late 1989.
the fall of the Berlin Wall on 9 November 1989 following a press conference held by the Politbüro during which Günter Schabowski announced the introduction of unconditional travelling permissions, which was very unusual after four decades of severe travelling restrictions and intended to tone down the protesters but instead because of Schabowski's unclear and ambiguous wording led to an onrush of people willing to leave the country and the accidental opening of the border checkpoints at the same night.
the transition to democracy in East Germany following the Peaceful Revolution, leading to the only truly democratic elections to the Volkskammer of the GDR on 18 March 1990.
the process of German reunification leading to the Einigungsvertrag (Treaty of Unification) on 31 August 1990, the Treaty on the Final Settlement with Respect to Germany on 12 September 1990 and finally the joining of the five re-established East German Länder to the Federal Republic of Germany.In hindsight, the German word Wende (meaning "The Turn") then took on a new meaning; the phrase seit der Wende, literally "since the change", means "since reunification" or "since the Wall fell". This period is marked by West German aid to East Germany, a total reaching an estimated $775 billion over 10 years. To some extent, Germany is still in the midst of the Nachwendezeit (post-Wende period): differences between East and West still exist, and a process of "inner reunification" is not yet finished.
This fundamental change has marked the reunification of Germany. The term was first used publicly in East Germany on 18 October 1989 in a speech by interim GDR leader Egon Krenz (the term having been used on the cover of influential West German news magazine Der Spiegel two days previously). Whilst it initially referred to the end of the old East German government, die Wende has become synonymous with the fall of the Wall and of East Germany, and indeed of the entire Iron Curtain and Eastern Bloc state socialism.
Exercise Verity
Exercise Verity was the only major training exercise of the Western Union (WU). Undertaken in July 1949, it involved 60 warships from the British, French, Belgian and Dutch navies. A contemporary newsreel described this exercise as involving "the greatest assembly of warships since the Battle of Jutland."
Frozen conflict
In international relations, a frozen conflict is a situation in which active armed conflict has been brought to an end, but no peace treaty or other political framework resolves the conflict to the satisfaction of the combatants. Therefore, legally the conflict can start again at any moment, creating an environment of insecurity and instability.
The term has been commonly used for post-Soviet conflicts, but it has also often been applied to other perennial territorial disputes. The de facto situation that emerges may match the de jure position asserted by one party to the conflict; for example, Russia claims and effectively controls Crimea following the 2014 Crimean crisis despite Ukraine's continuing claim to the region. Alternatively, the de facto situation may not match either side's official claim. The division of Korea is an example of the latter situation: both the Republic of Korea and the Democratic People's Republic of Korea officially assert claims to the entire peninsula; however, there exists a well-defined border between the two countries' areas of control.
Frozen conflicts sometimes result in partially recognized states. For example, the Republic of South Ossetia, a product of the frozen Georgian–Ossetian conflict, is recognized by eight other states, including five UN members; the other three of these entities are partially recognized states themselves.
In the Russian language the word Glasnost (; Russian: гла́сность, IPA: [ˈɡɫasnəsʲtʲ] (listen)) has several general and specific meanings. It has been used in Russian to mean "openness and transparency" since at least the end of the eighteenth century.In the Russian Empire of the late-19th century, the term was particularly associated with reforms of the judicial system, ensuring that the press and the public could attend court hearings and that the sentence was read out in public. In the mid-1980s, it was popularised by Mikhail Gorbachev as a political slogan for increased government transparency in the Soviet Union.
Guerrilla war in the Baltic states
The Guerrilla war in the Baltic states or the Forest Brothers resistance movement was the armed struggle against Soviet rule that spanned from 1940 to the mid-1950s. After the occupation of the Baltic territories by the Soviets in 1944, an insurgency started. According to some estimates, 10,000 partisans in Estonia, 10,000 partisans in Latvia and 30,000 partisans in Lithuania and many more supporters were involved. This war continued as an organised struggle until 1956 when the superiority of the Soviet military caused the native population to adopt other forms of resistance. While estimates related to the extent of partisan movement vary, but there seems to be a consensus among researchers that by international standards, the Baltic guerrilla movements were extensive. Proportionally, the partisan movement in the post-war Baltic states was of a similar size as the Viet Cong movement in South Vietnam.
Hoxhaism
Hoxhaism is a variant of anti-revisionist Marxism–Leninism that developed in the late 1970s due to a split in the Maoist movement, appearing after the ideological dispute between the Communist Party of China and the Party of Labour of Albania in 1978. The ideology is named after Enver Hoxha, a notable Albanian communist leader.
Innocent passage
Innocent passage is a concept in the law of the sea that allows for a vessel to pass through the territorial waters of another state, subject to certain restrictions. The United Nations Convention on the Law of the Sea Article 19 defines innocent passage as:
1.	Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State. Such passage shall take place in conformity with this Convention and with other rules of international law.
2.	Passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in any of the following activities:
(a)	any threat or use of force against the sovereignty, territorial integrity or political independence of the coastal State, or in any other manner in violation of the principles of international law embodied in the Charter of the United Nations;
(b)	any exercise or practice with weapons of any kind;
(c)	any act aimed at collecting information to the prejudice of the defence or security of the coastal State;
(d)	any act of propaganda aimed at affecting the defence or security of the coastal State;
(e)	the launching, landing or taking on board of any aircraft;
(f)	the launching, landing or taking on board of any military device;
(g)	the loading or unloading of any commodity, currency or person contrary to the customs, fiscal, immigration or sanitary laws and regulations of the coastal State;
(h)	any act of wilful and serious pollution contrary to this Convention;
(i)	any fishing activities;
(j)	the carrying out of research or survey activities;
(k)	any act aimed at interfering with any systems of communication or any other facilities or installations of the coastal State;
(l)	any other activity not having a direct bearing on passage.
Innocent passage concedes the coastal country's territorial sea claim, unlike freedom of navigation, which directly contests it.The law was codified in 1958 and affirmed in 1982.
Jamaican political conflict
The Jamaican political conflict is a long standing feud between right-wing and left-wing elements in the country, often exploding into violence. The Jamaican Labor Party and the People's National Party have fought for control of the island for years and the rivalry has encouraged urban warfare in Kingston. Each side believes the other to be controlled by foreign elements, the JLP is said to be backed by the American Central Intelligence Agency and the PNP is said to been backed by the Soviet Union and Fidel Castro.
Johnson Doctrine
The Johnson Doctrine, enunciated by U.S. President Lyndon B. Johnson after the United States' intervention in the Dominican Republic in 1965, declared that domestic revolution in the Western Hemisphere would no longer be a local matter when "the object is the establishment of a Communist dictatorship". It is an extension of the Eisenhower and Kennedy Doctrines.
Le Cercle is a foreign policy think-tank specialising in international security. Set up after World War II, the group has members from twenty-five countries and meets at least bi-annually, in Washington, D.C., United States.
NDF Rebellion
The NDF Rebellion was an uprising in the Yemen Arab Republic by the National Democratic Front, under Yahya Shami, between 1978 and 1982.
Titoism
Titoism is described as the post-World War II policies and practices associated with Josip Broz Tito during the Cold War, characterized by an opposition to the Soviet Union.It usually represents Tito's Yugoslav doctrine in Cold War international politics. It emerged with the Yugoslav Partisans' liberation of Yugoslavia independently of, or without much help from, the Red Army, resulting in Yugoslavia being the only Eastern European country to remain "socialist, but independent" after World War II as well as resisting Soviet Union pressure to become a member of the Warsaw Pact.
Today, Titoism is also used to refer to Yugo-nostalgia, a longing for reestablishment or revival of Yugoslavism or Yugoslavia by the citizens of Yugoslavia's successor states.
Ulbricht Doctrine
The Ulbricht Doctrine, named after East German leader Walter Ulbricht, was the assertion that normal diplomatic relations between East Germany and West Germany could occur only if both states fully recognised each other's sovereignty. That contrasted with the Hallstein Doctrine, a West German policy which insisted that West Germany was the only legitimate German state.
East Germany gained acceptance of its view from fellow Communist states, such as Czechoslovakia, Poland, Hungary, and Bulgaria, which all agreed not to normalise relations with West Germany until it recognised East German sovereignty.
West Germany eventually abandoned its Hallstein Doctrine, instead adopting the policies of Ostpolitik. In December 1972, a Basic Treaty between East and West Germany was signed that reaffirmed two German states as separate entities. The treaty also allowed the exchange of diplomatic missions and the entry of both German states to the United Nations as full members.
Western Bloc
The Western Bloc during the Cold War refers to capitalist countries under the hegemony of the United States and NATO against the Soviet Union and the Warsaw Pact. The latter were referred to as the Eastern Bloc. The governments and press of the Western Bloc were more inclined to refer to themselves as the "Free World" or the "Western world", whereas the Eastern Bloc was often called the "Communist world or Second world".
ANZUS
Non-Aligned Movement
Warsaw Pact
Cold War II
Morgenthau Plan
Hukbalahap Rebellion
Jamaican conflict
Dekemvriana
Percentages agreement
Forest Brothers
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Division of Korea
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Communist insurgency in Bangladesh
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Spanish transition
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Oromo conflict
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Sino-Albanian split
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Operation Condor
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Grand Mosque seizure
Saur Revolution
Sino-Vietnamese War
New Jewel Movement
1979 Herat uprising
Seven Days to the River Rhine
Struggle against political abuse of psychiatry in the Soviet Union
Soviet–Afghan War
1980 and 1984 Summer Olympics boycotts
Peruvian conflict
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Casamance conflict
Ugandan Bush War
Lord's Resistance Army insurgency
1982 Ethiopian–Somali Border War
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United States invasion of Grenada
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Iran–Iraq War
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1986 Black Sea incident
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Toyota War
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8888 Uprising
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Dissolution of the Soviet Union
Frozen conflicts
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North Borneo dispute
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List of Eastern Bloc agents in the United States
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Russian espionage in the United States
American espionage in the Soviet Union and Russian Federation
Russia–NATO relations
Brinkmanship
CIA and the Cultural Cold War
List of conflicts
Shipwrecks and maritime incidents in 1988
16 Feb: Sol Phryne
19 Apr: Sahand
26 Apr: Reijin
14 May: Seawise Giant
20 May: Korean Star
4 Jul: Singa Sea
6 Jul: Piper Alpha
23 Jul: USS Jonas Ingram
24 Jul: USS Rankin
29 Jul: USNS Aeolus
6 Aug: Manihari Ghat ferry disaster
24 Aug: USS Vermilion
26 Aug: BAP Pacocha
8 Oct: HMAS Buccaneer
21 Oct: MV Jupiter
24 Oct: Doña Marilyn
November (unknown date): ARA Piedrabuena
Unknown date: USCGC Unimak
12 Feb: Bezzavetny, USS Caron, USS Yorktown
31 Mar: Haven
14 Apr: USS Samuel B. Roberts
24 Apr: USS Bonefish
29 Apr: USS Sam Houston
11 Jul: City of Poros
23 Jul: JDS Nadashio
22 Sep: Ocean Odyssey
Unknown date: NOAAS Miller Freeman


text:
Apple Adds Second-Gen Apple TV to Vintage and Obsolete Products
by Usman Qureshi – Thu, March 2, 2017
Apple has added the second-generation Apple TV to its list of "vintage" and "obsolete" products, making the product ineligible for repairs, AppleInsider is reporting. An Apple support document reveals that the only places where service and parts may still be available are in Turkey and California, where only the "vintage" label is in effect. In the rest of the world, the set-top has been declared "obsolete".
Vintage products are defined by Apple as those products that have not been manufactured for more than 5 and less than 7 years ago. Whereas obsolete products are those that were discontinued more than 7 years ago. For instance, Monster-branded Beats products are considered obsolete regardless of when they were purchased.
Apple is expected to add 4K video support and a faster processor to its fifth generation Apple TV, with a possible release later this year.
Koodo Promo: $49/6GB, $56/8GB Plans for BYOD Customers in Quebec
Thu, March 2, 2017
Rogers EPP Promo: Save $300 Off Infinite Unlimited Data Plans, $68/20GB Available
'Battery Share' for iOS Notifies You When a Friend's iPhone is About to Die
Wed, May 4, 2016

redpajama_set_name: RedPajamaCommonCrawl


text:
HomeTeamTWITTER
The Floor Is The Basement
Jonah Colina
The FC failed to win at home again last night in it's ninth attempt. I smirked and screamed as Brek Shea pushed a late game winner over a flailing Vermeer. Shrinking into my seat at the front of section 219, I contemplated if this was the true breaking point for the fans. This would imply we aren't already broken of course. What is truly upsetting is I was happier to lose 1-0 than to endure another meaningless, goalless draw. A draw would force us to endure Jaap Stam's pained excuses about how close it was to three points.
The truth is we have been 'one play away' for many of these games. One moment that could have made the difference between a possible third wooden spoon, and scraping the edge of playoff position. The fact that 'one play' never happens is the point. While in MLS, we've consistently been the team without the indefinable 'winning edge' every other squad can at least sometimnes muster. I'm well past blaming individual players; although they earn my scorn during the games themselves. The FC is close enough with this roster, warts and all, that the lack of killer instinct has to be placed on the manager. Viewing things from far outside like we do, it doesn't seem as though Jaap has 'lost' the locker room yet, but he's lost everything else.
Fans are demanding more action from supporters to show our anger and frustration, when reality says the season is baked in the cake. Gerard is gone, Jaap feels like a lame duck, and the city waits once again for the hope of 'next season'. Progress has been made, but it feels like your illiterate friend getting into better shape. He can help you move your couch, but he still can't read. Less blowouts is nice, but points per game increasing only .1 is shameful.
Next week the team faces the only club lower in the table than Cincinnati; Toronto FC. In any just world, a loss at home would mean the end of Jaap Stam's time here. I wouldn't count on it. We are stuck with this exhausting existence for the rest of this season. If you're like me, hopefully it's a blip on a lifelong commitment. There's comfort in knowing I will always be there for them, and sadness for the same reason. I made a blood pact when things were peaking, and I'm prepared to die a thousand deaths as things crumble in perpetuity. All the while I'll be wearing the same stupid 'wow Brek Shea just scored in the 90th minute' grin.
©2021 by The Post.


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Fort Aguada Upper Fortifications
January 12, 2019	Zest 11 Views
Sanjeev V Sardesai
Fort Aguada – Upper Fortifications, is about 3-4 kilometres from the Sinquerim T-intersection. It is topped at the South end with an aesthetic lighthouse.
The old Aguada Light House is one of the oldest in India; however its exact date of construction is not known. P P Shirodkar, in his book 'Fortresses & Forts of Goa', says, in all probability, 'it must have been constructed during the building of the fort itself'.
But this light house must have been made operational later, as we find that initially, the huge metal bell from the bell tower of St Augustine's Convent, Old Goa (now in total ruins), was shifted to this fort, to toll the hours of the day to passing ships. Possibly it was also used to sound an alarm of approaching enemy vessels or in case any ship came too close to the rocky shores, around this land.
When the lighthouse became functional, this bell was shifted to the Church of the Immaculate Conception, Panaji. Incidentally, it is the second heaviest bell in Goa, after the "Golden Bell' at the Se Cathedral, Old Goa.
The lighthouse initially operated on oil provided by the municipalities in Bardez, on revenue, collected through farming. It emitted light every seven minutes. In 1841, the then Portuguese Viceroy D Lopes de Lima replaced the oil light with a lantern which emitted static light for about 15 minutes. In 1864, this lighthouse got a mechanised system, which emitted light every 30 seconds.
Today, visitors cannot visit this lighthouse, but it's still maintained by the ASI, for its historic value. Visitors can however visit (for a fee) the new lighthouse constructed in 1976 with modern technology, just outside the Fort Aguada precinct, facing the Arabian Sea.
When you approach the fort, we face a deep trench, surrounding the fort on three sides, known as the moat. These moats were built to stop the direct attack by enemies on the fort, giving time for those inside to protect it.
In many places, similar moats were dug and filled with water, sometimes having crocodiles to deter the enemy. However, Fort Aguada has a deep dry moat. The digging of this moat had served two purposes.
In Goa, we use quarried laterite stone for house constructions. The creating of this moat provided ample laterite stones to raise the height of the fort's curtain wall, which provided better protection. The depth of this moat also provided ample security. It was this combination of a deep moat and high walls that prevented Chattrapati Shivaji from conquering this fort, in 1667, even after laying siege to it for over a month. It is said that when he attacked Bardez, the Bardez people took shelter inside the fort.
Please take all precautions as you walk along the outer parapet of the moat. A misstep … and a fall could lead to serious injury. To enter the fort, we have to approach a masonry footbridge, which looks like a later addition. In all possibility, this fort had a collapsible bridge, which could be retracted, to make this fort impregnable. However, this cannot be laid down as a hard fact.
The fort's main entrance is hidden behind a very thick wall, having a broad rampart over it. This prevented the enemy from breaking the main door, using canon fire. The narrow foyer at the entry also prevented the enemy, from using massed force, and allowing the defending soldiers to shoot from the ramparts.
Combinations of steep stairs ahead leads you to the upper rampart, while an ascending ramp to your right, leads you to the vast, open, inner space. The view from the ramparts, over the entry gate, offers you the entire Goan landscape of Panaji, Sinquerim and the Raj Bhavan – Goa, Dona Paula, besides the Arabian Sea and mouth of River Mandovi.
We can see the Captain's house and possibly the ammunition store, immediately to the left, when you enter the fort; this area is not accessible to visitors.
The corners of the fort have ramps, to roll up and mount the canons on the bastions. On some of the ramparts, we see ruins of residential quarters, possibly of the soldiers and officers.
In the central part, we can see a huge water tank or a cistern. This cistern, holding 2.37 million cubic gallons of fresh rain water gave the identity to this fort. 'Agua' in Portuguese means 'water'. This harvested rain water was used by all the ships that left for Portugal from Goa. It is said that this water remained fresh and potable, during the entire journey (27-29 days) and was used by the passengers and crew.
There was gossip, that this cistern had many fresh water springs which catered to the water being filled here. However, a visit to this underground tank, with permission from the ASI, made it clear, that there wasn't a single water spring and the entire water collected was from annual rainfall.
This collected water was let down to the lower fort, through a masonry built channel seen towards the SE end of this cistern, which allowed the water to systematically run downhill and get collected in a font, near a fresh water spring. The lower spring still exists. This water was then packed into special casks and transported to the ships, through canoes.
Apart from attacks by Chattrapati Shivaji and his son Sambhaji, Fort Aguada has also seen a huge fleet of 121 ships of Mughal emperor Aurangzeb, which anchored itself off Aguada to assist Prince Shah Alam, who had captured Bicholim (Dicholi).
It will take around two hours to see the entire fort and its precincts. Visitors to the upper Aguada Fort are advised to wear a hat or carry an umbrella as it gets very hot inside. Also visitors are advised to carry potable drinking water.
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types of swine identification
Feral swine (Sus scrofa) are a combination of Eurasian wild boar and escaped or neglected domestic swine.Common names for this species include feral hog or pig, Eurasian or Russian wild boar, razorback, and piney woods rooter. The American Yorkshire pig is said to have been developed in the county of York, England. 3. This invasive species can reach 3 feet in height and 5 feet in length. Feral swine are muscular and strong, and can run up to 30 miles per hour. Pigs are stout-bodied, short-legged, omnivorous mammals, with thick skin usually sparsely coated with short bristles. Designing a production system that will complement your resources and lifestyle is the most important component to … Introduced to the United States in 1539, they are now present in … No single blueprint exists for these systems. There are variations in systems, but all of them identify a pig by litter number and indi-vidual pig number. Pigs are extremely interesting animals. Like deer and domestic pigs, feral swine have cloven hooves. They are found throughout Central and South America and in the southwestern area of North America.They usually measure between 90 and 130 cm (2 ft 11 in and 4 ft 3 in) in length, and a full-grown adult usually weighs about 20 to 40 kg (44 to 88 lb). These species are often consumed incidentally as wild pigs forage, however there is evidence of wild pigs will actively seek out reptiles and amphibians to consume. Males (boars) are larger than females (sows). Identification Methods Ear Notching (Figure 1) Ear notching is widely used in the swine industry as a system of animal identification. In Britain the term pig refers to all domestic swine, while in the United States it refers to younger swine not yet ready for market and weighing usually less than 82 kg (180 pounds), others being called hogs. The Juliani pig or painted miniature pig can trace its ancestry back to England. Pig, wild or domestic swine, a mammal of the Suidae family. It is native to Angeln, Germany. Swine influenza is an infection caused by any one of several types of swine influenza viruses. They're able to solve challenging problems, they love to play, they display a wide range of emotions, and they have unique individual personalities. The Angeln Saddleback was recognized as a new pig breed in 1937. As of 2009, the known SIV strains include influenza C and the subtypes of influenza A known as H1N1, H1N2, H2N1, H3N1, H3N2, and H2N3. There are discrepancies as to the true origin of the Juliani pig, but nonetheless they do make a great pet pig. A peccary (also javelina or skunk pig) is a medium-sized pig-like hoofed mammal of the family Tayassuidae (New World pigs). Adult feral swine weigh between 75 and 250 pounds on average, but some can get twice as large. This mini pig is the result of a selective breeding program to produce an extremely smart, docile, and loving pet pig. From The ALBC "Ginger red coats make the pigs adaptable to a variety of climates and protect them from sunburn. The Tamworth is a natural rooter, just look at that snout, it was made for the job. Swine influenza virus (SIV) or swine-origin influenza virus (S-OIV) is any strain of the influenza family of viruses that is endemic in pigs. The Tamworth is gaining in popularity wordwide as more farmers are looking for pigs that do well out of doors in pasture raised operations. Three types of swine production enterprises are farrow- to-finish, farrow-to-feeder, and feeder-to-finish. In a food habit study conducted 2010, one wild pig had 49 eastern spadefoot toads ( Scaphiopus holbrookii) in its stomach. The Angeln Saddleback pig sometimes goes by the name Angler Sattelschwein. The Angeln Saddleback Pigs. It is one of the rarest types of domestic pig breeds.
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Opening statements begin in trial for Norfolk Police Officer charged with voluntary manslaughter
By: Gabriella DeLuca
Posted at 1:49 PM, Sep 27, 2016
NORFOLK, Va. - On day two of Michael Edington's trial, the court heard opening statements from the Commonwealth's Attorney and defense attorney.
Officer Edington is charged with Voluntary Manslaughter after shooting David Latham on June 6, 2014. At the beginning of court Monday, Edington entered a plea of not guilty to the charge against him. He also opted for a jury trial. By Monday evening, the final jury was selected.
The Commonwealth's Attorney told the jury he wants them to focus on what David Latham was doing when he was killed.
Prosecutors say he was standing with a knife in his hand, but did not approach police.
The defense says the scene inside the house was "terrifying," and Edington felt threatened.
The defense attorneys also say Edington saw Latham move slightly while holding the knife, prompting him to begin firing.
However, the Commonwealth's Attorney says Edington was not justified in killing Latham.
Around the time of Latham's death, prosecutors say Edington wasn't emotionally stable enough to be at work.
A week prior, his friend and co-worker Officer Brian Jones was killed on the job.
The Commonwealth said many officers reported seeing Edington hysterically crying over Officer Jones' death. One officer suggested Edington needed counseling, but he continued to work.
The night Edington responded to David's home, the Commonwealth's Attorney said Edington yelled, "I'm sick of this" when the call came in.
Latham's family called 911 after he began chasing them around their house with a knife. They say he suffered from mental illnesses.
When Edington got there, he told Latham to drop the knife, but the defense says Latham refused and made threats. The defense said Latham slightly moved while holding the 12-inch knife.
Seconds later, Edington fired six shots, killing Latham.
The trial is expected to last through next week.
Click here for full coverage on the story and trial


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Merrickville-Wolford
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NG Times
As COVID-19 cases continue to rise at an alarming rate throughout the province, the Ontario government, in consultation with the Chief Medical Officer of Health and other health experts, is extending certain measures to keep students, education staff, and residents of Ontario safe. This includes extending in-person learning until January 25, 2021 for elementary school students in the 27 Southern Ontario public health unit regions. These time-limited measures are being taken to help ensure that all Ontarians stay at home as much as possible to minimize transmission of the virus and prevent hospitals from becoming overwhelmed.
Targeted testing done among students and staff in December 2020 confirmed that schools are not a significant source of transmission. However, with students having been at home for several weeks and with reports of concerning behaviour over the holidays, the positivity rate among school-aged children has increased sharply. Most troubling, the positivity rate for kids aged 12-13 years old increased from 5.44% in late November, early December to nearly 20% in early January.
Returning students to school now, with community transmission and positivity rates so high, risks losing the hard-fought progress made in keeping schools and students safe. The Ministry of Education will continue to act on the best advice of medical and health experts to ensure that students in Ontario are able to return to school safely.
The government's comprehensive plan of more than $1.3 billion to protect students and promote safe learning environments will continue to be in place to support students and staff. The plan includes investments in personal protective equipment, improved ventilation, money to support the hiring of additional staff, and the introduction of asymptomatic testing to screen against COVID-19.
"I have and remain firmly committed to getting students back into class as soon as possible – there is nothing more important. However, the best medical and scientific experts have been clear: while schools have been safe places for kids, the sharp rise in community transmission puts that progress and Ontario families at risk," said Stephen Lecce, Minister of Education. "During this time, students will remain engaged in live teacher-led online learning with access to enhanced mental health and technology supports."
In the weeks since Ontario was moved into a Provincewide Shutdown, trends in key public health indicators have continued to worsen in both Northern and Southern Ontario, including concerning trends in health system capacity, most notably in hospitals. The impacts of these time-limited measures throughout the province will be evaluated after 14 days to determine if it is safe to lift any restrictions or if they need to be extended.
"In the last two weeks, we have seen concerning trends at home and abroad, as well as increased community transmission during the holidays, indicating that it is not yet the time to begin easing public health and workplace safety measures," said Christine Elliott, Deputy Premier and Minister of Health. "While extending the shutdown in Northern Ontario is not the news many wanted to hear, we must work together to stop the spread of COVID-19, protect hospital capacity, and save lives."
The Chief Medical Officer of Health will continue to consult with experts, review data, and provide advice to government on the appropriate and effective measures that are needed to protect the health of Ontarians. This will include an assessment of how and when it is safe to exit the Provincewide Shutdown and move public health unit regions back into the COVID-19 Response Framework: Keeping Ontario Safe and Open, including how a revised approach for the safe reopening of retail may be operationalized.
"As the COVID-19 pandemic continues, it is crucial that all Ontarians continue to follow all public health and workplace safety measures," said Dr. David Williams, Chief Medical Officer of Health. "To help stop the spread of COVID-19 and safeguard health system capacity, Ontarians are strongly urged to stay at home, limit trips outside of their households for essential reasons only and must not gather with individuals outside of the people they live with."
To support families during this extended school closure, child care centres, and home-based child care services will remain open. Ontario is also expanding eligibility for the Ministry of Education's targeted emergency child care program for a broader number of frontline health and safety workers.
In order to continue to support remote learning, the ministry has recommended that a portion of the second half of federal funding, an additional $80 million investment, will be provided for additional technological devices, such as laptops and tablets, to support school boards in procuring about 160,000 additional devices province-wide.
For those requiring additional support during this challenging period, Ontario is providing an additional $10 million in support of student mental health, including funding for Kids Help Phone to support children and youth across the province. School Mental Health Ontario will be providing mental health resources and strategies to support students during this period.
Financial support is available for families during this temporary remote learning period through the Support for Learners program. Starting on January 11, 2021, an expanded Support for Learners program is providing $200 for each child/youth up to grade 12 and $250 for each child/youth up to age 21 with special needs. Applications will be open until February 8, 2021.
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Profiles in Insurgency: The Irish Republican Army
by Justin King • January 29, 2015
Introductory note: This article is part of a series profiling different "insurgent" or "terrorist" groups. Care was taken to avoid including any inflammatory language about any organization profiled in the series or the organization's opposition. No article in the series should be construed as either supporting or condemning a particular organization. After all, one man's terrorist is another man's freedom fighter.
The Irish Republican Army (IRA)
Strength: Roughly 1,000 with tens of thousands of sympathizers worldwide.
Structure: Cellular under the command of a council.
Financing: Self-financed through bank robberies and kidnappings. Money donated to Irish organizations in the United States is sometimes funneled to the IRA for arms purchases.
Goals: In the long term, the IRA seeks to establish a united country encompassing all of the island of Ireland. The short term goal of the organization is usually summed up as "Brits out."
Major Historical Highlights:
The modern IRA sprang from the events surrounding the Easter Rising in 1916, when Irish men and women marched into the streets in open defiance of the Crown's forces in Ireland. The forces of the United Kingdom quickly put down the rebellion, but the brief open conflict steeled the resolve of nationalists in the country who began a guerrilla war that included bombings, assassinations, and as Michael Collins described it, "general mayhem."
By 1921, the guerrilla war succeeded in bringing the British government to the negotiating table, and most of Ireland became the Irish Free State. The treaty granting partial independence was contentious among IRA veterans and a civil war erupted causing the first of many splits in the IRA. The pro-treaty forces eventually won, but the victory left six counties in Northern Ireland still under the control of the United Kingdom.
While there were minor elements of insurrection over the next forty years, the IRA became a household term again in 1969 when a riot broke out during a parade. The riot was known as the "Battle of the Bogside," and the riot firmly entrenched the conflict along religious and ethnic lines, with Protestant British Loyalists on one side and Irish Catholic Republicans on the other. These religious and ethnic lines still closely determine an Irish national allegiance to one side or the other. That same year, a major split occurred in the organization and it split into the Irish Republican Army and the Provisional Irish Republican Army (PIRA), better known as the "Provos." The PIRA became the dominant Republican insurgent group in Ireland for the next few decades.
The violence that occurred, primarily targeting loyalists and British military, over the next two years led to the British government instituting an internment policy. During the years of internment, more than 2,000 people were held without trial. In retrospect, the policy is likely to have fueled the growth of the Republican groups. In 1972, a public relations nightmare occurred for British forces, when British Paratroopers opened fire on a civil rights march in Derry and killed 13 civilians. The incident is known as "Bloody Sunday."
The deaths that occurred on Bloody Sunday increased the brutality of the Republican forces. In July of 1972, the IRA detonated more than two dozen bombs in one night, killing 9 and injuring 130. The bombings are known collectively as "Bloody Friday." The war raged on for another three years before secret negotiations created a truce and internment ended. Though, IRA members were still held liable for the actions they committed during the war.
In March of 1976, the British government removed the "special category" status from IRA prisoners. This status in essence treated them like Prisoners of War rather than common criminals. Protests and hunger strikes began. The "Blanket Protest" took place in Maze prison and IRA soldiers refused to wear the prison uniforms of ordinary criminals, instead wrapping themselves in blankets. This was followed two years later by the "Dirty Protest." During the Dirty Protest, IRA prisoners refused to wear normal prison uniforms and smeared feces on the walls of the prisons.
In 1979, the IRA took the fight directly to the Royal Family. The organization assassinated the Queen's uncle, Lord Mountbatten, by blowing up his boat.
The hunger strikes began in 1980, and the most notable participant was Bobby Sands. Even though Sands was confined in a prison cell and literally starving himself to death, he was elected to Parliament. Sands died on May 5th, and 100,000 people attended his funeral. He was followed by nine more IRA members who starved themselves to death trying to obtain "special category" status.
In the late 1980s the IRA began receiving weapons from several state-sponsors of terrorism, most notably Libya. Libya provided the IRA with surface-to-air missiles to engage British helicopters. The British Special Air Service killed three unarmed IRA members in Gibraltar in 1988, and a British Loyalist opened fire on the funeral service, killing three more. During the funeral procession of Kevin Brady, one of those gunned down at the funeral, two British soldiers drove into the parade. The soldiers are dragged from the vehicle, beaten, and shot by the IRA. The incident was broadcast around the world.
In 1993, the IRA detonates a one ton bomb in London, in an attempt to take the fight the British home soil. Damages exceeded $1 billion US. The rest of the 1990s passed with sporadic violence. In 1998, the "Good Friday Agreement" was passed which was a compromise brokered by politicians associated with the various Republican and Loyalist factions. It was rejected by many of the combatants.
In 1998, the Omagh bombing killed 29 people and wounded 200. The blast was linked to a faction of the IRA that did not agree with the terms of the Good Friday Agreement. It should be noted that subsequent investigations revealed those responsible for the bombing repeatedly attempted to get the police to evacuate the area prior to the explosion. The warnings were ignored.
The war has been relatively quiet for the last decade, with many attributing the lull in violence to the IRA's decision to avoid conflict during the US-led "War on Terror." With the wars winding down, IRA activity has seen a major upswing over the last two years, and continued sectarian violence is likely to lead to a full reemergence of the IRA.
Image reportedly uploaded to Facebook by the CIRA.
This article was originally published by The Anti-Media
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PA Attorney Discipline & Legal Ethics.
Developments in discipline and ethics in Pennsylvania and the nation. Because it's not always black and white.
Pa. Supreme Court Gets Serious About Attorney Work Product Privilege
In email, privilege, work-product July 18, 2019
Ellen C. Brotman
At least once or twice a day, after I press the "send" button, I get a panicky feeling that I've made a mistake and there is no going back. Did I send to the right people? Did I attach the right document? Or even worse—did I waive an important privilege? BouSamra v. Excela Health, —A3d No. 5 WAP 2018 (Pa., June 18, 2019), a recent opinion from the Pennsylvania Supreme Court, may hold the answer to this last question.
The case began when Dr. George BouSamra, a cardiologist, filed suit against his former employer Excela for defamation and interference with prospective and actual contractual relations. Excela owned the hospital where BouSamra worked. When Excela performed a peer-review study of BouSamra's practice they found that over 100 patients had possibly received medically unnecessary procedures. In response to these findings, Excela hired both outside counsel and a public relations firm to help manage the potential negative publicity. During the course of the representation, Excela's outside counsel emailed legal advice to Excela's general counsel. Excela's general counsel then forwarded that email to the public relations firm and other employees at Excela. A few days after the email was sent, Excela held a press conference and disclosed the results of the peer review studies. Litigation followed and the email from outside counsel to in-house counsel to the public relations consultant was sought by BouSamra. Excela claimed that the email was protected by the attorney work-product doctrine and the attorney client privilege.
The lower courts held that the email was discoverable, reasoning that its disclosure to a third party waived attorney-client privilege, because that third party was not an agent of the lawyer assisting in the provision of legal advice. On the work-product issue, the Pennsylvania Superior Court relied on the fact that the email was in the client's possession and not in the attorney's file and therefore was a document that belonged to the client and not to either in-house or outside counsel.
The Supreme Court granted allocatur to consider two issues:
Did the Superior Court commit an error of law when holding that a client waives the work-product protection of its counsel's pre-litigation email by forwarding the email to its public relations consultant?
Did the Superior Court commit an error of law when holding that, to qualify as a privileged person within the attorney-client privilege, a third party must provide legal advice and have the lawyer or client control its work?
The court recognized that this was a case of first-impression as it had not yet "articulated the proper analysis for waiver of the attorney work product doctrine in Pennsylvania." Reasoning that the contours of the waiver of a rule must align with the purposes of a rule, the court began its analysis with the text of the rule itself; Pennsylvania rule of Civil Procedure 4003.3, protects against "disclosure of the mental impressions of a party's attorney or his or her conclusions, opinions, memoranda, notes or summaries, legal research or legal theories. With respect to the representative of a party other than the party's attorney, discovery shall not include disclosure of his mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics." The court also cited to the explanatory comment which states: "the essential purpose of the rule is to keep the files of counsel free from examination by the opponent … ."
The court then held that the purpose of the work product doctrine is to protect the mental impressions and processes of an attorney acting on behalf of a client, regardless of whether the work product was prepared in anticipation of litigation. This is, as the court recognized, both a new interpretation and a significant departure from the federal rule. To justify its interpretation, the court noted, that Rule 4003.3 uses the phrase "even though prepared in anticipation of litigation or trial" as a term of inclusion, not exclusion. In contrast, Federal Rule 26(b)(3)(A) explicitly states "a party may not discover documents and tangible things that are prepared in anticipation of litigation."The court also found that both the text of the rule and cases interpreting it make clear that the doctrine is not founded on a need to protect a confidential relationship, and that cases that require the maintenance of confidentiality as a condition to application of the work product doctrine are improperly conflating the attorney-client privilege with the work-product doctrine.
Considering this analysis, the court, closely following the language of Restatement 3d of the Law Governing Lawyers, Section 91(4) (2000), held that "as the purpose of the doctrine must drive the waiver analysis, we hold that the work product doctrine is waived when the work product is shared with an adversary or disclosed in a manner which significantly increases the likelihood that an adversary or anticipated adversary will obtain it. This waiver rule comports with the prevailing view in state and federal courts across the country, and the rule's fact-intensive structure requires evaluation on a case-by-case basis."
The court had examined the email at issue in camera and determined that it was attorney work-product. The next question was whether the protection of Rule 4003.3 had been waived. On this point, the court remanded with instructions to determine whether sending attorney work product to a public relations consultant "significantly increased the likelihood that an adversary or potential adversary would obtain it." As the court noted, the measure of this likelihood depends, at least partially, on whether, under all the existing circumstances, the disclosing party had a reasonable belief that the recipient could keep a secret!
Both Justice Christine Donohue and Justice David Wecht joined in the majority opinion but also wrote concurring opinions on the work-product doctrine. Donohue, in an opinion joined by Justices Debra Todd and Kevin Dougherty, disagreed with the position that an analysis of the scope of the doctrine was a prerequisite to determining the scope of the waiver and termed that portion of the opinion dicta. Donohue also objected to the expansion of the doctrine to cover materials not prepared in anticipation of litigation. However, Donohue agreed with the test set forth by the court for determining whether waiver occurred but opined that the manner of disclosure and the precautions taken to protect the information should be a "focus" of the determination. Wecht also wrote a concurring opinion in which he warned the lower courts not to adopt a "less forgiving analysis" that would approach "the strict rule applicable to waiver of attorney-client privilege …" Wecht feared that such an approach would chill the sharing of work-product that is often necessary in the practice of law.
On the issue of attorney-client privilege, all three opinions agreed that the disclosure of in-house counsel's email to a public relations firm waived the privilege. While recognizing that authority exists for extending the privilege to certain agents of the attorney, the court found that the consultant was not an agent of either in-house counsel or outside counsel. The court distinguished United States v. Kovel, 296 F.2d 918 (2d Cir.) which held that an accountant hired by a defense lawyer to assist with the interpretation of tax principles was within the attorney-client privilege. In Kovel, the U.S. Court of Appeals for the Second Circuit found that this assistance was necessary to the provision of legal advice to the client and was therefore covered by the privilege. Because the transmission of the email to the consultant here was not necessary to obtaining legal advice from either in-house or outside counsel, the consultant did not fall within the agency relationship approved by Kovel and similar cases. See, e.g., United States v. Alvarez, 519 F.2d 1036, 1046 (3d Cir. 1975) ("We see no distinction between the need of defense counsel for expert assistance in accounting matters and the same need in matters of psychiatry. The effective assistance of counsel with respect to the preparation of an insanity defense demands recognition that a defendant be as free to communicate with a psychiatric expert as with the attorney he is assisting.").
The court did not hold that a public relations consultant could never be an agent of the attorneys who would fall within the attorney-client privilege, but it did state that "such situations must remain narrowly tailored, as evidentiary privileges remain highly disfavored in Pennsylvania." Compare In re Grand Jury Subpoenas Dated March 24, 2003, 265 F. Supp 2d. 321, 323 -24 (S.D.N.Y. 2003) (lawyers who hired a public relations firm to assist them in generating favorable publicity during a high-profile grand jury investigation in order to lessen pressure on the prosecutors to secure an indictment did not waive privilege.).
Another question left open by the court was whether transmission of the email to an internal Excela employee in the public relations department could also waive the privilege. On this point, the court, said: "In any event, evaluating this argument is a fact-intensive exercise because a court would be required to determine whether each individual included on the email was a director, officer or other employee permitted to act on the corporation's behalf." See Yocabet v. UPMC Presbyterian, 119 A.3d 1012, 1028 (Pa. Sup. Ct. 2015) ("A corporation is a creature of legal fiction, which can act or 'speak' only through its officers, directors or other agents. Where a representative for a corporation acts within the scope of his employment or agency, the representative and the corporation are one and the same entity, and the acts performed are binding on the corporate principal."). This open question provides a warning to in-house counsel to be thoughtful when sharing attorney-client communications with employees.
While the court in BouSamra left open certain questions, it answered others clearly: In Pennsylvania the attorney work-product doctrine broadly protects an attorney's files, mental impressions and strategies, whether prepared in anticipation of litigation or not. Disclosure of attorney work-product must be done in a manner that clearly seeks to protect its confidentiality. Also, attorneys consulting with experts and consultants should make sure the engagement is between the attorney and the consultant and understand that only those disclosures necessary to the provision of legal advice are sure of protection.
And, of course, always—think twice before hitting the send button!
Ellen C. Brotman, of BrotmanLaw in Philadelphia, represents individuals before licensing boards, providing effective, caring and efficient assistance. She has served as an assistant federal defender in Philadelphia and practiced in small, medium and large firms with a focus on criminal defense, appellate advocacy, professional responsibility and ethics.
Reprinted with permission from the July 17, 2019 issue of The Legal Intelligencer. © 2019 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.
You can also find this article, as published, here.
With over 25+ years experience, Ellen C. Brotman began her career as a law clerk in the United States District Court, Southern District of New York. She has served as an Assistant Federal Defender in Philadelphia, PA and practiced in small, medium and large firms with a focus on criminal defense, appellate advocacy, professional responsibility and ethics. She has defended a wide variety of high-profile criminal cases, including political and public corruption, securities fraud, tax fraud, money laundering, currency structuring and other white-collar crimes involving complex trial, sentencing and appellate issues. Ms. Brotman also has extensive experience representing lawyers before the Disciplinary Board of Pennsylvania. She has been recognized as a Best Lawyer and SuperLawyer since 2007 in the area of criminal defense and has served on the boards of the National Association of Criminal Defense Lawyers and the Pennsylvania Association of Criminal Defense Lawyers. She is the founder and owner of BrotmanLaw, Philadelphia, PA.
Process, Procedure and Prosecutorial Misconduct in Stacy Parks Miller Case
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Ellen C. Brotman began her career as a law clerk in the United States District Court, Southern District of New York. She has served as an Assistant Federal Defender in Philadelphia, PA and practiced in small, medium and large firms with a focus on criminal defense, appellate advocacy, professional responsibility and ethics. She has defended a wide variety of high-profile criminal cases, including political and public corruption, securities fraud, tax fraud, money laundering, currency structuring and other white-collar crimes involving complex trial, sentencing and appellate issues. Ms. Brotman also has extensive experience representing lawyers before the Disciplinary Board of Pennsylvania. She is the founder and owner of BrotmanLaw, Philadelphia, PA.
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Iowa DNR director to step down next week
The director of Iowa's Department of Natural Resources is stepping down next week.Chuck Gipp announced his retirement Thursday in a news release. He submitted a resignation letter dated April 2 to Iowa Gov. Kim Reynolds. His retirement begins Tuesday.Gipp has been director for six years. He previously served nine terms in the Iowa House, including as majority leader.He says in the letter that running the DNR was "the crowning achievement" of his public service career.Gipp says he plans to spend more time with his family in Decorah. Deputy Director Bruce Trautman will take over as acting director.The DNR oversees environmental regulation, state parks and natural resource stewardship programs in Iowa. Some DNR programs have seen significant cuts, and a proposed budget backed by Republicans would spend less on the agency next year than when Gipp became director six years ago.(Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)
DES MOINES, Iowa (AP) —
The director of Iowa's Department of Natural Resources is stepping down next week.
Chuck Gipp announced his retirement Thursday in a news release. He submitted a resignation letter dated April 2 to Iowa Gov. Kim Reynolds. His retirement begins Tuesday.
Gipp has been director for six years. He previously served nine terms in the Iowa House, including as majority leader.
He says in the letter that running the DNR was "the crowning achievement" of his public service career.
Gipp says he plans to spend more time with his family in Decorah. Deputy Director Bruce Trautman will take over as acting director.
The DNR oversees environmental regulation, state parks and natural resource stewardship programs in Iowa. Some DNR programs have seen significant cuts, and a proposed budget backed by Republicans would spend less on the agency next year than when Gipp became director six years ago.


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Three Labour peers quit over party's 'institutional anti-Semitism'
Lord Darzi, Lord Triesman and Lord Turnberg have resigned the Labour whip
Harry Yorke, Political Correspondent
Harry Yorke
Labour's racism row escalated on Tuesday evening as three prominent peers resigned the whip over its handling of anti-Semitism, with at least one other indicating they could follow in the coming days.
Lord Triesman, Labour's former general secretary, has accused Jeremy Corbyn of presiding over a party that is no longer a "safe environment" for Jewish people and "very plainly institutionally anti-Semitic".
He was joined by former health minister Lord Darzi and Lord Turnberg, the former president of the Royal College of Physicians, who warned that anti-Jewish hatred now "permeates the Party machine".
A party official said they knew of one other peer who had been expected to quit, admitting that...


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Search results for: 'The Philosophy of Objectivism Peikoff'
Objectivism Non-Fiction (6)
Search results for 'The Philosophy of Objectivism Peikoff'
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An Introduction to Objectivism
Based on Mr. Branden's "The Moral Revolution in Atlas Shrugged" in Who is Ayn Rand? this lecture discusses the essentials of the ethical and pol... Learn More
The Basic Principles of Objectivism
History: Prepared by Nathaniel Branden in the late fifties and with the endorsement of Ayn Rand, these lectures were developed and devoted to a presentation of Ayn Rand's philosophy, including aspects that had not yet been covered in her written works. Additionally, Mr. Branden's... Learn More


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Stefflon Don is on the periphery of global greatness. The charismatic, multilingual, multitalented rapper, singer and songwriter is 2017's most electric and eclectic emerging act. Steff's admirable achievements over the past 24 months – but particularly the last 12 – simply don't happen to your average artist. From Jools Holland to the BBC Sound Poll, Steff's powerful presence commands attention both on record and in real life. With a string of prominent collaborations behind her, this fascinating 25-year-old female is a force to be reckoned with.
Speaking English, Dutch and splattering her speech with her parent's Jamaican patois, Steff has the effortless ability to inhabit many worlds, offering a genuine, authentic global perspective through her music. Whether rap, grime, pop, bashment or bubbling, Steff sounds utterly at home. It's perhaps why such an impressive array of artists from Charli XCX to Lil Yachty and Wretch 32 have wanted to work with the 25-year-old. And these aren't relationships forged through management and social media, but genuine friendships formed over the last few years. Put simply, real recognize real.
"That's the most important thing to me, it's why I called my first mixtape Real Ting. There's so much fake out there, but I have to be real and my music has to be true to me. I only make music that I love with people that I respect and who respect me. I can only make music that I believe in."
Since first making a mark in 2015 with her cover of the Section Boyz street smash Lock Arff, Steff has clocked up over 50m+ YouTube views and harnessed an ever-growing and highly engaged Snapchat community. As well as social media fans such as Drake and DJ Khaled, Steff has worked with British Afrobeat stars Abra Cadabra and Kojo Funds, south London rap titans Krept & Konan and Giggs, US R&B superstar Jerimih, and esoteric Atlanta rapper Lil Yachty. Earlier this year Steff was chosen to support Migos, Popcaan and Pusha T on their London dates and stormed her own sets at Wireless and the Great Escape. Whether singing or rapping, she can smooth out the toughest of hip-hop and bashment and rough up the shiniest of pop, whether the left field gloss of Charli XCX's After The Afterparty featuring Raye, or Jax Jones' calypso-flavored new smash, Instruction, co-starring American sweetheart Demi Lovato.
Following her hugely successful mixtape, Real Ting, which was released earlier this year, Steff is currently readying a brand new single. Hurtin' Me, produced by Rhymez (Wiley, Lil Yachty, Sean Paul), features Moroccan-American hip-hop superstar French Montana. A ridiculously insistent Soca-soaked track, Hurtin' Me is sure to join Steff's outrageously rowdy 16 Shots as a 2017 Carnival classic. The steel-pan, lovestruck single places Steff effortlessly but confidently on the global platform she already inherently inhabits.
One of seven siblings born in Birmingham to Jamaican parents, Steff's family moved to Holland when she was five-years-old, where was raised in Rotterdam and enjoyed a particularly uninhibited childhood surrounded by Europeans, Turkish and Caribbean people. "I got my first piercing when I was 13 and my first tattoo at 14," she remembers with a grin. "I don't smoke, but weed was legal, there was very little violence. It was very different to England; Rotterdam was a very open and safe society. I think all of this moving around meant I got a different perspective on life. It gave me a wider outlook, the chance to experience other people's cultures. It's helped me to see the bigger picture and through my music, I want to speak to all these cultures that I've met throughout life. I know there's a bigger world outside of London, outside of England."
She had her first studio session at the age of nine and spent her teen years singing and rapping with her brothers and sisters. Steff didn't return to the UK until she was 14 where she crash-landed at St Thomas More comprehensive in Hackney, North London. "I didn't want to be there, it was so horrible. The kids were all coming up to me; looking at me like I was some kind of alien cos I had a weird accent. And I didn't dress as cool as the other kids either, so I didn't really have friends. I was swag-less," she says with a huge laugh. "It took time but I figured it out and eventually settled in."
After finishing school, Steff eschewed any form of a regular 9-5 (apart from a stint decorating cakes) in favour of being a full-time musician. Steff lives, eats and breathes studio. "I get depressed when I'm not there," she insists. "I've tried other creative outlets, but I am music. I can't do anything else. I don't know, or want to be good at anything other than this." A low-key feminist, Steff is often surrounded by female friends and family onstage. This isn't something cynical; like the music she makes, it's just a part of who Steff is. "I didn't think about it until people kept pointing it out," she insists. "It's just normal for me to want to inspire other women. I want all females to excel and succeed."
Steff first made an impression in 2015 with her powerful, patois-inflected version of Wretch 32's Six Words and her take on the Section Boy's street smash Lock Arff. She quickly found herself fielding requests from the UK's elite; Lethal B (Wobble remix) to Sneakbo (Work remix) and Angel (Hop On), and, coming full circle, was one of the few features on Wretch's recent Top 5 album, Growing Over Life. She also appeared in Gigg's Lock Doh video and joined Krept & Konan on Jerimih's single, London.
The industry took note of her growing YouTube views and exponentially rising fanbase; in 2016, Steff signed a publishing deal with Sony, and in 2017, she signed her own label – V-IV – to Universal. Spotting a star-in-waiting, Steff was soon offered a deal by Coach K, the man behind US label Quality Control; Steff's labelmates include Migos and Lil Yachty.
This rapidly rising superstar has lofty ambitions, but never at the expense of selling out her sound, her style or her soul. She has always been sure of herself, clear about exactly what she does – and doesn't – want to do. For Steff, authenticity is everything.
"I feel like I hear people say this all the time, but I actually want to bring something different. But I want to do that on my terms. Of course I want number ones, Grammys, BRITs, all of that, but none of that would mean anything if I didn't make the music I loved and that was real to me. That's the most important thing; to be the realest artist, making the realest music."
As Steff herself says on 16 Shots, 'What I'mma do, they ain't prepared for.' When it comes to Stefflon Don, prepare to be unprepared.
Stefflon Don SECURE
Stefflon Don Pretty Girl (feat. Tiggs Da Author)
Stefflon Don Senseless
Stefflon Don Hurtin' Me – The Remix (feat. Popcaan, Sean Paul, and Sizzla)
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