text: Q: Unsubscribe from Sails models when client logs out I'm making use of Sails' resourceful pubsub to subscribe to models and handle auto-emitted changes with sails.io.  What is the best way, on either client or server, to remove a particular client's subscriptions if they log out?


Wadada Leo Smith may never achieve household-name status, but he's currently enjoying a pretty sweet moment. Last year, the septuagenarian trumpeter-composer issued Ten Freedom Summers—a 4.5-hour suite inspired by the heroes of the Civil Rights movement—which garnered critical raves and recently landed on the list of Pulitzer finalists. Those who'd been following Smith's work knew Ten Freedom Summers wasn't an isolated peak; it capped a feverishly productive period, which found him excelling in settings ranging from the funky electroacoustic mini orchestra Organic (heard on 2011's Heart's Reflections) to intimate duos with master percussionists such as Jack DeJohnette and Louis Moholo-Moholo (featured on 2009's America and 2012's Ancestors, respectively).
The focus this week, though, is on the big kahuna: Ten Freedom Summers, performed over three consecutive nights. The work alternates—and sometimes combines—the bold yet sensitive avant-jazz interplay of Smith's Golden Quartet with lush, transporting chamber-music episodes, performed at Roulette by the Pacifica Coral Reef Ensemble. Unlike We Insist!: Max Roach's Freedom Now Suite and other Civil Rights–themed jazz classics, Ten Freedom Summers takes a wordless approach, evoking figures such as Emmett Till—Smith grew up in segregated Mississippi, near where the boy was murdered—Rosa Parks and Medgar Evers, rather than explicitly telling their stories. For this New York premiere, multimedia artist Jesse Gilbert adds video, augmenting an already immersive experience. At the center of it all is the leader's inimitable brass tone, alternately piercing and prayerful, animating history through sound.


A post just up on the MSN Search's WebLog shares some insights about and future plans for MSN Virtual Earth as it completes its first week. You'll read about future international coverage, newer imagery (where was the Apple HQ) and how people love the scratchpad feature. Also worthy of your attention is the new ViaVirtualEarth site that features info for MSN Virtual Earth developers as well as gallery of applications that use MSN VE services including the NASA Space Shuttle Current Location tool. For more on MSN Virtual Earth, here's a link to the SearchDay review.


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Home Health news Paw-some! Owning a dog may cut risk of children getting eczema, study suggests
Paw-some! Owning a dog may cut risk of children getting eczema, study suggests
by Martyn Jones 1st January 2023
written by Martyn Jones 1st January 2023 0 comment
US researchers tracked eczema rates in 789 children whose parents had a dog
Being exposed to a dog has a 'significant protective effect' against eczema
They said dogs' diverse bacteria could help children's immune development
By Joe Davies Health Reporter For Mailonline
Published: 10:57 GMT, 1 January 2023 | Updated: 10:57 GMT, 1 January 2023
Owning a dog might help your future children — by slashing their risk of eczema, research suggests.
US experts tracked eczema rates in almost 800 children under the age of two and looked at whether their parents kept a dog indoors during pregnancy or in the first year they were born.
Being exposed to a dog appeared to have a 'significant protective effect' against developing eczema in children, they claimed.
Researchers from Henry Ford Health in Detroit, Michigan, found being exposed to a dog in early childhood has a 'significant protective effect' against developing eczema in under-twos
WHAT IS ECZEMA?
Eczema is an inflammatory condition of the skin that leads to redness, blistering, oozing, scaling and thickening.
It usually appears in the first few months of life and affects around 10 per cent of babies.
Eczema's cause is not fully understood but it is thought to be brought on by the skin's barrier to the outside world not working properly, which allows irritants and allergy-inducing substances to enter.
It may be genetic due to the condition often running in families.
As well as their skin being affected, sufferers may experience insomnia and irritability.
Many factors can make eczema worse. These may include:
Heat, dust, soap and detergents
Being unwell, such as having a cold
There is no cure for eczema, however, 70 per cent of childhood sufferers no longer have the condition in their teens.
Patients should avoid known triggers for flare ups and use emollients.
Source: British Skin Foundation
The team from Henry Ford Health in Detroit, Michigan, said dogs' diverse bacteria could help children's immune development, staving off the condition.
Eczema, which affects up to one in five children and one in 10 adults, is an inflammatory condition that causes the skin to become itchy, dry and cracked.
Experts do not know its exact cause is but believe it may be genetic and brought on by the skin barrier not working properly, allowing allergens to enter.
Exposure to bacteria in the first months after being born can help a child develop a healthy immune system, potentially reducing inflammatory conditions like eczema, researchers said.
Research has shown certain bacteria that can exacerbate eczema later in life can actually prevent the condition occurring if a child is exposed to it earlier.
There is no cure but symptoms can disappear as children age. Doctors recommend using moisturisers for dry skin and can prescribe topical corticosteroids to reduce swelling and itching during flare-ups.
Previous studies have shown growing up with a dog can also help protect children from developing asthma, another inflammatory condition that is more common in those with eczema.
The latest research, published in the Journal of Allergy and Clinical Immunology, recruited pregnant women who were due between September 2003 and December 2007.
Doctors checked their children for eczema when they were aged two and 10 years old to asses their history of the condition over time.
They were split into four groups: those who never had it, had it at age two but were resolved by 10, had it persistently across both ages, and developed it by age 10.
Mothers were interviewed before giving birth and at the end of the study to determine if their children were exposed to dogs while in the womb and in their first year.
Just over a quarter (26 per cent) of pregnant women kept a dog indoors. Rates of eczema were 22 per cent at age two and 21 per cent at age 10.
Results showed children whose mothers had a dog around while they were pregnant and in their first first year had a significantly lower risk of developing the condition by the age of two.
But the effect was not seen at age 10 or for those with persistent eczema.
Dr Amy Eapen, an allergy expert who led the study, said the results suggest the first year of life is 'potentially the critical window' to preventing eczema.
Writing in the journal, the researchers said: 'Our data suggest that prenatal and early-life dog exposure has a significant protective effect on eczema development at or before age two years.
'Because keeping pets influences infant gut microbial composition, the lower rate of eczema in dog-exposed children may be linked to altered early-life immune development triggered by microbial exposures.
'Clinically, our findings suggest that prenatal dog exposure could protect against early eczema.'
They admitted they could not prove being exposed to a dog was behind the lower rates because the study was purely observational.
Parents with allergic diseases may avoid avoid having pets, biasing the results.
Researchers were also unable to detangle whether having a dog during pregnancy or during the child's first year was important because most couples kept their dogs after their baby was born.
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Open Thread: New Year's Resolutions…for Others
Grammy-winning singer Anita Pointer dies aged 74

redpajama_set_name: RedPajamaCommonCrawl


Equation and calculator to determine the mean heat transfer coefficient for simultaneously developing velocity and temperature fields in a circular smooth tube.
If (Re Pr / L / D)(1/3) ( v/ vw ) 0.14 >= 2.0 ; flow is developing.
Incropera, De Witt., Fundamentals of Heat and Mass Transfer , 3rd ed., John Wiley & Sons, eq.8.57, 8.63a & 8.63b, 1990.
Rohsenow, W. R., J. P. Hartnett and Y. I. Cho, Handbook of Heat Transfer , 3rd ed., McGraw Hill, 1998, p. 5.29.


text:
Bishop Vincent Ri Pyung-ho, S.T.D., D.D.
Views 22013 Votes 0 2009.08.27 10:45:50
http://english.cbck.or.kr/1567
Vincent Ri, S.T.D., D.D., Emeritus Bishop of Jeonju
Name: Vincent RI Pyung-ho
Status: Emeritus Bishop of Jeonju
Date of birth: March 10, 1941
Place of birth: Wanju, Jeonbuk
Address: 78-3, Namsong-dong, Wansan-gu, Jeonju-si, Jeonbuk, 560-110
Educational Course
1958 - 1961 Studied at Songsin High School in Seoul (Minor Seminary)
1961 - 1969 Studied at Catholic University in Seoul (Major Seminary)
1970 - 1972 Studied Rural Sociology at Graduate School of Chonbuk National University
1976 - 1982 Studied Sacred Theology at the Catholic University of Paris, France and Held a Licentiate and a Doctorate
Dec. 15, 1969 Ordained to the Priesthood
Dec. 1969 - Apr. 1971 Parochial Vicar of Jungang-dong Parish of Jeonju
Apr. 1971 - Jan. 1975 Pastor of Jeong-eup Parish of the Jeonju
Jan. 1975 - Jun. 1976 Taught at Daegeon Major Seminary in Gwangju (now Gwangju Catholic University)
Oct. 1977 - Nov. 1982 Pastor of the Korean residents in Paris, France
Jan. 1983 - 1990 Taught at Gwangju Catholic University (Major Seminary)
Feb. 20, 1990 Elected as Bishop of Jeonju
Apr. 3, 1990 Consecrated as Bishop, Took possession of the See of Jeonju
Oct. 1990 - Oct. 1996 President of the Biblical Committee of the Catholic Bishops' Conference of Korea
Oct. 1990 - Oct. 2005 Member of the Episcopal Commission for Doctrine of the CBCK
Oct. 18, 1996 - Oct. 2005 President of the Committee for Liturgy of the CBCK
Oct. 2002 - Oct.13,2009 Member of the Episcopal Special Commission to Promote Beatification and Canonization
2003 - Oct. 2006 Member of the Office of Clergy of the FABC
Oct.13,2005 - Oct.16, 2008 President of the Committee for the Pastoral Care of Migrants and Itinerants of the CBCK
Oct.13,2005 - Oct.13, 2010 President of the Committee for the Pastoral Care of Koreans Living Abroad of the CBCK
Mar. 10, 2010 - Mar. 14, 2017 President of the Committee for Evangelization of the CBCK
Mar. 10, 2010 - Mar. 14, 2017 Member of the Episcopal Commission for Mission &pastoral Care of the CBCK
Mar. 14, 2017 Resigned as the Bishop of Jeonju
http://english.cbck.or.kr/1567/983/trackback
52 Bishop Paul CHOI Deok-ki, S.T.D., D.D 22194
51 Bishop John CHANG Yik, D.D 23961
50 Bishop Alexander Sye, D.D. 22211
49 Archbishop Andreas CHOI Chang-mou, S.T.D., D.D. 22240
48 Bishop Jacobus Kim Ji-Seok, D.D. 22255
47 Bishop Ignatius pak, Ph.D., D.D. 22290
» Bishop Vincent Ri Pyung-ho, S.T.D., D.D. 22013
45 Bishop Augustine Cheong, D.D. 22005
44 Bishop Peter KANG U-il, D.D. 31725
43 Bishop Paul Kim Ok-kyun, D.D. 29539
42 Bishop Paul Kim Tchang-ryeol, D.D. 22220
41 Bishop Michael Pak Jeong-il, D.D. 22283
40 Bishop Joseph Kyeong Kap-ryong, D.D. 22109
39 Bishop Angelo Kim, S.T.D., D.D. 22275
38 Bishop Augustine Kim, D.D. 22040


text:
Policy metadata
Policy Title:
Forming a University-Related Subsidiary or Affiliate or Acquiring a Controlling Interest in a Separate Entity
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Date of Full Review:
Date Last Updated:
Cornell University will form a university-related subsidiary or affiliate, or acquire a controlling interest in a separate entity, only if there is compelling legal and/or business justification.
Note: On occasion, the Office of University Investments or the Office of Trusts, Estates, and Gift Planning may acquire controlling interests through the investment of endowment assets or the acceptance of gifts. Such decisions are subject to the oversight of the Investment Committee of the Board of Trustees and University Policy 3.1, Accepting University Gifts, respectively, and are not governed by this policy. The risks associated with acquiring a controlling interest will be taken into account in making these acquisition decisions.
Your local college or unit administrative office.
View Policy:
University Policy 4.11, Forming a University-Related Subsidiary or Affiliate or Acquiring a Controlling Interest in a Separate Entity
10/9/2018: Fully reviewed and revised to broaden the policy to include the acquisition of a majority or controlling interest in a separate entity.
Responsible Executive:
Vice President and General Counsel
Responsible Offices:
General Counsel, Executive Vice President and Chief Financial Officer


text:
Erasmus Law Review, Issue 3 2014
The Role of Private International Law in Corporate Social Responsibility
Geert Van Calster Ph.D.
Environmental protection and human rights are core elements of the so-called 'corporate social responsibility' (CSR) agenda. The European Commission has previously defined corporate social responsibility (CSR) as 'a concept whereby companies integrate social and environmental concerns in their business operations and in their interaction with their stakeholders on a voluntary basis'.1xCOM(2001) 366. It has in the meantime changed this to 'the responsibility of enterprises for their impacts on society'2xCOM(2011) 681. in order to realign the EU approach to CSR, with international developments, in particular the Ruggie report.3xGuiding Principles on Business and Human Rights: Implementing the United Nations 'Protect, Respect and Remedy' Framework, 2011, available via <www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf> (last visited 28 March 2014).
The law is one instrument which can be employed to further the CSR agenda and the implementation of its priorities. The United Nations has perhaps somewhat optimistically referred to the extraterritorial application of national law as a key element in operationalising human rights, labour rights and environmental protection. This proposition suggests 'developed' countries with strong regulatory law (environment, human rights, labour, even tax) ought to design their laws and their courts' application of same in a manner which catches corporate behaviour outside their territory. In this way, as long as there is some, even strenuous, link to the developed state in question (through corporate headquarters, shareholder structure, board meetings, marketing of goods and services into those countries, etc.), the laws of that state would be used as a jack for regulatory performance abroad. The United States has been keen in recent years to pursue this route for a select number of statutes, particularly in the area of corruption and export controls. In the EU, the debate has more generically focused on how conflict of laws could be employed to increase application of EU law to companies abroad.
These developments join an older cousin in the use of highly regulated countries (and their courts) in attempting to up the regulatory stakes in the developing (or less regulatory caring) world: US case law on the Alien Torts Statute is often cited as the textbook example of employing national and international law, applied by national courts, to further the international community. This case law, however, was reversed by the same circuit which launched its application and was subsequently drastically curtailed by the US Supreme Court.
This contribution firstly reviews developments in the EU and in the United States on the topic under consideration. I am of course keenly aware of the core differences between both approaches. The eye-catching developments in the United States concern the application of public rather than private international law. It is however the commonality of object (the regulatory jack identified above) of both developments I am interested in, rather than the distinction in mode of delivery (public cq private international law).
I will conclude with reference to some related themes, in particular on the piercing of the corporate veil.
This paper is not meant to be exhaustive but rather explorative.
1 The United States: Litigation Based on the Alien Tort Statute
1.1 ATS Discovered by the CSR Community
The Alien Tort Statute, a product of the United States' first congress, creates a domestic forum for violations of international law. It is a litigation based on the ATS which forms the centrepiece as to how the law in the United States might further the international CSR agenda.
It is noteworthy that over and above the ATS controversy which we review below, more classic problems involving in particular recognition and enforcement have an impact on the CSR debate, too. There is no better illustration than what is informally known as Ecuador v. Chevron,4xFor the most recent state of affairs, see my blog at <http://gavclaw.com/>. which goes back to Chevron's acquisition of Texaco and the pollution caused by Texaco operations in the area affected, in the 1980s and 1990s. The case throws light on the difficulties which arise in enforcing a judgment of a third country in a jurisdiction such as the United States. Chevron essentially argued that rule of law principles have been violated in the Ecuadorian rulings on the liability, consequently barring enforcement in the United States. (It is interesting to note in this respect that rule of law considerations, in particular rights of the defence, are one of the very few grounds which may lead an EU court to reject enforcement of a judgment of another EU court, under the Brussels I Regulation.5xRegulation 44/2001, OJ [2001] L12/1. The hesitation by US courts to enforce the Ecuadorian judgments therefore to not ring entirely alien to EU ears.)
Turning to the subject of the current heading, the relevant text of the ATS reads: 'The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States'.6xAlien Tort Statute, 28 U.S.C. §1350 (2000). Though there has been some debate over the original intention of Congress in creating the statute, the accepted use of ATS litigation, in its broadest terms, has become one in which aliens may bring suit against other foreign nationals or American citizens for breach of commonly accepted international norms. The statute remained unused in the courts for roughly 200 years after its creation until Filartiga v. Pena-Irala (1980).7xFilartiga v. Pena-Irala, 630 F.2d 876, 878 (2d Cir. 1980). The US Second Circuit Court of Appeals, the court that serves Connecticut, New York and Vermont, upheld the claims of the defendants, Paraguayan nationals, that the rights of their family member, as defined by international law, were violated when another Paraguayan tortured and killed him. Following the success of the trial, ATS litigation has had an increased presence in US courts, though the vast majority of claims do not find the success that Filartiga did. The original trial also set a precedent for the use of ATS in cases regarding human rights. A few notable cases have arisen in the last few decades and have helped to further define the goal of ATS litigation, though not to an extent that has made the statute any less controversial.
The ATS case most commonly cited in scholarly attempts to define the statute and its acceptable uses is Sosa v. Alvarez-Machain (2004).8xSosa v. Alvarez-Machain, 124 S. Ct. 2739, 2769 (2004). In Sosa, a Mexican national claimed violation of his right to be free from arbitrary detention when he was abducted and detained overnight by other Mexican nationals. Though the court determined that one night of detention followed by being turned over to lawful authorities and a prompt arraignment was not a major violation of international norms, the results of the case significantly narrowed the scope of jurisdiction in ATS cases. The court held that in order to qualify for ATS, a plaintiff must provide significant evidence for the violation of well-defined and universally accepted norms of common international law. The Sosa court made clear the argument that the statute was not intended to be read broadly, and as such, future courts should be conservative in terms of recognising new violations of international law. The Court writes, 'The judicial power should be exercised on the understanding that the door is still ajar subject to vigilant doorkeeping, and thus open to a narrow class of international norms today'.9xSeeSosa. ,10xD.D. Caron and R.M. Buxbaum, 'The Alien Tort Statute: An Overview of Current Issues', 28 Berkeley Journal of International Law 2, at 514 (2010).
Post Sosa, plaintiffs are burdened with the task of not only proving that a defendant has violated international law but that the international law in question is amply defined as well as a universally accepted and documented international norm. In the original text of the 1789 statute, there were three requirements: the plaintiff had to be an alien, allege a tort, and offer evidence towards the defendant's guilt in violation of 'the law of nations'. The specific 'law of nations' was not further defined in the original text of the document but with the 200-year gap in cases using ATS, the language did not become controversial until recent years. After, Sosa plaintiffs have to provide evidence for a law's validity by 'consulting the works of jurists, writing professedly on public law; or by the general usage and practice of nations; or by judicial decisions recognizing and enforcing that law'.11xS.M. Morris, 'The Intersection of Equal and Environmental Protection: A New Direction for Environmental Alien Tort Claims after Sarei and Sosa', 41 Columbia Human Rights Law Review, at 281 (2010). The plaintiff also had to demonstrate a level of consensus among nations as well as international treaties and statutes to demonstrate the validity of an international norm; however, the Sosa decision drastically narrowed the scope of documents that may be used to claim common international law.12xIbid., at 283. For 200 years, the Alien Tort Statute was an ill-defined unused piece of legislation. Until recently more commonly used, each case brought before US courts employing ATS litigation further restricted the acceptable use of the statute.
1.2 Corporate Liability under ATS and the Setback under Kiobel
Whether corporations may be held liable for violations of international human rights law has long been a topic of debate in the legal community. At the Nuremberg trials, various German industrialists were convicted of war crimes including the use of slave labour.13xD. Cassel, 'Corporate Aiding and Abetting of Human Rights Violations: Confusion in the Courts', 6 Northwestern Journal of International Human Rights 2, at 306 (2008). However, while the Nuremberg Courts were allowed to find organisations guilty of war crimes, they could do so only through the trial of an individual. Essentially, a corporation could be found criminal but could not be tried separately, only through an individual who facilitated the corporation's criminal enterprises.14xIbid., at 315.
The Nuremberg trials are relevant to American ATS litigation in that their precedents are often consulted by judges in ATS cases. Notably, in Kiobel v. Royal Dutch Petroleum15xKiobel v. Royal Dutch Petroleum Co., 621 F. 3d 111 (2d Cir. Sept. 17, 2010). (2010), the second circuit's verdict relied heavily on precedents set by international tribunals, including the Nuremberg trials, in relation to corporate liability for violation of international law.16xJ.R. Crook, 'Contemporary Practices of the United States Relating to International Law: International Human Rights: Second Circuit Panel Finds Alien Tort Statute Does Not Apply to Corporations', 105 American Journal of International Law (2011), at 139.
In recent years, the debate has become more focused to the question of corporate culpability for violations of human rights rather than simply corporate liability. Plaintiffs often find corporations a desirable opponent as they do not have sovereign immunity, and if the trial is successful, corporations' resources can more readily be used to compensate plaintiffs.
Kiobel found that due to what it perceived as a lack of precedent in international law, corporations cannot be held liable for violations of customary international law in US courts under ATS litigation.17xCrook, above n. 16, at 139. However, this decision only added to a growing list of corporate ATS cases with incongruent results. In Doe I v. Unocal Corporation (2002),18xDoe I v. Unocal Corp., 395 F.3d 932 (9th Cir. 2002), rehearing en banc granted, 395 F.3d 978 (9th Cir. 2003), and vacated and appeal dismissed following settlement, 403 F. 3d 708 (9th Cir. 2005). the Ninth Circuit Court unanimously decided that corporations can be sued for aiding and abetting foreign human rights violators. Similarly in Khulamani v. Barclay National Bank Limited (2007),19xKhulumani v. Barclay Nat'l Bank Ltd., 504 F.3d 254 (2d Cir. 2007). the court agreed that corporations can be held liable for aiding and abetting in violations of international law.20xCassel, above n. 13, at 319.
This lack of congruency among ATS cases involving corporations was largely due to the fact that most of the cases are presented before the circuit courts rather than the Supreme Court.
1.3 The 'Touch and Concern' Test of the USSC in Kiobel
The USSC's eventual finding in Kiobel21xUSSC No. 10–1491 decided 17 April 2013. was eagerly awaited. The central question in the Court's finding on Kiobel turned out to be as follows: whether and under what circumstances US courts may recognise a cause of action under the Alien Torts Statute, for violations of the law of nations, occurring within the territory of a sovereign other than the United States. In focusing on this question (and replying in the negative), the SC did not entertain the question which actually led to certiorari, namely, whether the law of nations recognises corporate liability.
Certiorari at the Supreme Court was keenly awaited by the CSR community, for, as noted, ATS litigation by default had become the flag bearer for pursuing alleged violations of international law (whether in human rights or environment) by multinational corporations.
Before Kiobel, extraterritorial application of US law had been under consideration in Morrison v. National Australia Bank,22xNo. 10–1491 decided 24 June 2010. in the area of securities. In Kiobel, the SC relies on its extensive review of extraterritoriality in Morrison. It did so even if in Morrison (and other cases before it), the question of extraterritoriality was one of merits (also known as 'jurisdiction to prescribe'): that is, whether an Act of Congress regulating conduct applies abroad. By contrast, in Kiobel, the question concerns jurisdiction pur sang (also known as jurisdiction to adjudicate). For the SC, this did not dent precedent value of Morrison: 'we think the principles underlying the canon of interpretation similarly constrain courts considering causes of action that may be brought under the ATS'. In Morrison, the SC held that when a statute gives no clear indication of an extraterritorial application, it has none. In Kiobel, the Court did not find convincing argument in either text, history or purpose of the ATS, which could rebut the presumption against extraterritoriality. The closest such rebuttal arguably lay in the historic (and more current) examples of employing ATS against piracy: as the SC notes,
piracy normally occurs on the high seas, beyond the territorial jurisdiction of the United States or any other country, [however] applying U.S. law to pirates does not typically impose the sovereign will of the United States onto conduct occurring within the territorial jurisdiction of another sovereign, and therefore carries less direct foreign policy consequences.
The latter of course is where the core of the argument lies and where public and private international law principles of comity come into play: the degree to which, in upholding jurisdiction, the courts in ordinary might be obstructing US foreign policy. This, in my view, is particularly interesting when one considers the communis utilitatis roots of modern conflict of laws. The conviction in Dutch conflict of laws in the seventeenth century (later exported via Scotland to the United States) that foreign laws needed to be applied if and when they so wanted, on the basis of reciprocity, and in line with communis utilitatis has now been turned on its head: comity is now being used as a presumption against such application of foreign laws or, here, public international law.
The SC concludes as follows:
On these facts, all the relevant conduct took place outside the United States. And even where the claims touch and concern the territory of the United States, they must do so with sufficient force to displace the presumption against extraterritorial application. See Morrison, 561 U.S. ___ (slip op. at 17–24). Corporations are often present in many countries, and it would reach too far to say that mere corporate presence suffices. If Congress were to determine otherwise, a statute more specific than the ATS would be required.
The Court therefore answers Kiobel-type cases (a foreign plaintiff suing a foreign defendant for acts or omissions occurring wholly outside of the United States that allegedly violate the law of nations); however, it did leave open many questions which fall outside the factual Kiobel box.
Does the reference to 'claim' and 'territory' of the United States refer to the tortious action (thus requiring that to take place in the United States), or would a US defendant suffice (in all likelihood: no)? What 'link' would be enough for the action to take place in the United States, in particular lack of corporate oversight over foreign subsidiaries?
1.4 Post- Kiobel Case Law
Further distinguishing of the USSC test in Kiobel was /is required and indeed very soon ended up at the SC again: the US Supreme Court on 14 January 2014 rejected US jurisdiction in Daimler v. Bauman.23xUSSC No. 11–965. Chief Justice Roberts' and concurring opinions in Kiobel as noted above leave room for further distinguishing. Daimler does less so. The Court in the end did not focus too much on the issue of agency and attributability of a subsidiary's actions to the mother company. (Daimler is a German corporation that was sued in California by Argentinian plaintiffs for human rights violations in Argentina. The Californian link was a subsidiary which distributes cars there but which is not incorporated there: its corporate home is Delaware.) Per International Shoe24xInternational Shoe v. State of Washington – 326 U.S. 310 (1945). , general jurisdiction other than in the state of incorporation applies only (in the case of foreign companies) when a foreign company's 'continuous corporate operations within a state [are] so substantial and of such a nature as to justify suit against it on causes of action arising from dealings entirely distinct from those activities'.
Daimler therefore establishes firmly that if you want to sue a company on the basis of its having its 'home' in the forum, then that home better be exactly that. Not, as here, merely a condo in the United States when its true home lies in Germany.
Interestingly (writing for the majority) Judge Ginsburg (p.23) noted the difference between the Court of Appeal's approach and the EU approach when it comes to overall personal jurisdiction over corporations (she referred to the recast Brussels I Regulation, 1215/2012, which is yet to apply but which in substance on this issue does not differ from the previous version). However, in reality, there is quite a different direction (compared to Daimler) which the EU takes vis-à-vis foreign corporations, in the particular context of B2B consumer contracts as well as employment contracts (an entirely different subject matter, I appreciate).
Finally, in the 'Apartheid litigation' [ Lungisile Ntsebeza et al v . Ford General motors and IBM], the Southern District of New York picked up the issue where SCOTUS had left it: can corporations be held liable under the Alien Tort Statute ('ATS') for violations of 'the law of nations'? Scheindlin USDJ held on 17 April 2014.25xSee <http://opiniojuris.org/wp-content/uploads/17-Apr-SDNY-Opinion.pdf> (last visited 26 June 2014). She firstly held that it is federal common law that ought to decide whether this is so – not international law itself (ATS being a federal US statute). Next, she argued that the fact in particular (withheld by Jacobs J in Kiobel) that few corporations were ever held to account in a court of law for violations of public international law was not instrumental in finding against such liability.
Counsel were instructed to brief on the 'touch and concern' test put forward by the Supreme Court in Kiobel, with the warning that they had to show in particular that the companies concerned acted 'not only with the knowledge but with the purpose to aid and abet the South African regime's tortious conduct as alleged in these complaints'. The case was eventually dismissed at the end of August 2014, with the decision that the high bar set by the USCC in Kiobel was not met in current case. The alleged violation of international law was inflicted by the South African subsidiaries of the US defendant corporations, over whom defendants may have exercised control however control alone, it transpires, is not enough to create sufficient link with the US to meet the Kiobel test. Applicants had previously already argued that critical policy level decisions were made in the US, and that the provision of expertise, management, technology and equipment essential to the alleged abuses came from the US. This has now, so it would seem, been further backed up by detailed facts however even these facts did not graduate so to speak the US companies' involvement from management and effective control to 'aiding and abetting' as Scheindlin USDJ had instructed counsel to show.
1.5 Summary on the United States
In summary, with Kiobel and Daimler, it is clear that the scope for ATS litigation has been severely diminished. Counsel in Apartheid failed to convince the judge that the touch and concern test was met. (It remains to be seen whether the issue of corporate culpability will reach the USSC, too.)
Attention may now be reignited in what has been brewing in the EU for some time: using national courts to apply national law for conduct abroad – in other words, classic private international law /conflict of laws coming to the limelight once again.
2 The European Union
In European Private International Law, as with the ATS, the two main concerns that arise when addressing matters of corporate violation of rights are whether or not EU Member State courts have jurisdiction, and if so, what laws, national or international, apply.26xAugenstein, n 557 above, 16. See also V. Van Den Eeckhout, 'Promoting Human Rights within the Union: The Role of European Private International Law', 105 European Law Journal 127 (2008). In the succinct review below, the analysis will be guided by the application of the 'Brussels I' Regulation,27xNote 5 above. also known as the Judgments Regulation, the EEX Regulation or even the JR. It is the main piece of European harmonisation, in the area of jurisdiction, for 'civil and commercial' matters, i.e. the mainstream of corporate and individual litigation.
2.1 Jurisdiction
2.1.1 General Jurisdictional Rule: Article 2 of the Jurisdiction Regulation
Following the Brussels I Regulation, it is enough for a court in an EU Member State to establish jurisdiction, if the defendant is domiciled in an EU Member State. For corporations, this place is their corporate or registered seat. Consequently, truly multinational corporations may in theory at least be quite easily pursued in the courts of an EU Member State, even for actions committed outside of the EU: the principal jurisdictional ground of the defendant's domicile, included in Article 2 of the Jurisdiction Regulation, operates independently of the activities to which the action relates.
A good example of the ease in bringing a case against European holding companies, in the EU, is Milieudefensie et al v. Shell.28xEnglish version of that judgment may be obtained from me by simple e-mail request. See for analysis also L. Enneking, 'The Future of Foreign Direct Liability? Exploring the International Relevance of the Dutch Shell Nigeria Case', Utrecht Law Review, at 44-54 (2014) ; and C. Van der Heijden, 'De Shell Nigeria Zaak: de eerste Nederlandse foreign direct liability zaak voor de civiele rechter', TVR 3, at 71-85 (2013). Shell's top holding was hauled before a Dutch court by a Dutch environmental NGO (Milieudefensie), seeking (with a number of Nigerian farmers) to have the mother holding being held liable for environmental pollution caused in Nigeria.
The media were somewhat wrong-footed in reporting on the issue. Establishing jurisdiction in an EU court vis-à-vis a company with seat in the EU is not exactly string theory. It is a simple application of the Brussels I Regulation. The European Court of Justice ('ECJ') has gone as far as to bar national courts from even pondering rejection of such jurisdiction. In Case C-281/02 Owusu, the ECJ rejected forum non conveniens considerations in a case where the only link to the EU was the incidental domicile of one of many defendants in the EU. (The case concerned an action in tort. Defendants were largely Jamaica based. Facts had taken place in Jamaica. Under European harmonisation of applicable law, this law was undoubtedly Jamaican law. The eventual judgment would have to be recognised and enforced in Jamaica. Under English conflict of laws, an English court would have undoubtedly relinquished jurisdiction in favour of Jamaica.)
What is interesting is the fact that Milieudefensie and the individual applicants are also pursuing the Nigerian daughter company in the Netherlands. In an interim ruling going back to 2009,29xBK8616, Rechtbank 's-Gravenhage, HA ZA 330891 09-579, Vereniging Milieudefensie et al v. Royal Dutch Shell plc and Shell Petroleum Development Company of Nigeria Ltd. the court held that the case against the Nigerian daughter could prima facie at least be joined with the case against the mother holding. (The judgment on the merits, which I refer to in more detail below, confirmed this interim finding.)
Pursuing a holding company with domicile in the EU, therefore, is easy from the jurisdiction point of view. However, subjecting that company to EU law (or the national implementation thereof) is more challenging with respect to applicable law (see below). Staying with the jurisdictional level, being able to sue the mother company does not give one an easy day in court vis-à-vis any daughter companies. Corporate reality dictates that even though the firms concerned may operate under one global brand, in practice they are organised in separate corporate entities. As a result, one will find that International Business Inc. is actually made up of most probably as many separate corporate entities as the countries in which it operates. This reality of singular corporate domicile for each daughter company rules out jurisdiction under the Brussels I Regulation vis-à-vis those daughters with corporate seat outside of the EU.
For those companies lacking domicile in the EU, national conflicts law (in EU conflicts jargon called 'residual jurisdiction') takes over. Some EU Member States more readily accept jurisdiction against non-EU-domiciled companies than others. Some, for instance (notably France), are fairly flexible, allowing plaintiffs with the nationality of the forum to bring cases to be brought against anyone incorporated or domiciled anywhere. Others operate some form of a forum necessitatis rule, allowing anyone with a minimum contact with the jurisdiction to sue in exceptional circumstances, typically in some fashion linked to the rule of law.
2.1.2 Special Jurisdictional Rule: Article 5(5) Jurisdiction Regulation – Operations Arising Out of a Branch
In the case of corporations, Article 5(5) of the Brussels I Regulation extends to branches of international companies by virtue of Article 2(5)'s special jurisdictional rule:
A person domiciled in a Member State may, in another Member State, be sued: (…)
5. as regards a dispute arising out of the operations of a branch, agency or other establishment, in the courts for the place in which the branch, agency or other establishment is situated; (…)
The use of the words 'arising out of' however indicates the limited potential for this rule in the case of international litigation in a CSR context.
This concept of operations (…) also comprises (…) actions concerning non-contractual obligations arising from the activities in which the branch, agency or other establishment within the above defined meaning, has engaged at the place in which it is established on behalf of the parent body.30xCase 33/78, Somafer [1979] ECR 2183, para. 13.
It can hardly be said that the non-contractual obligations of International Business Ruritania Ltd can automatically be allocated to International Business [EU Member State]. They do not 'arise out of' the operation of the EU Member State. Moreover, Article 5(5) requires International Business Ruritania Ltd to be domiciled in another EU Member State: it concerns only defendants already domiciled in a Member State (Article 5), that is, companies or firms having their seat in one Member State and having a branch, agency or other establishment in another Member State. Companies or firms which have their seat outside the Union but have a branch in a Member State are covered instead by Article 4 of the Jurisdiction Regulation. (This defers to national or residual) (see above) rules of jurisdiction in the case of non-EU-based defendants.)
2.1.3 Special Jurisdictional Rule: Article 5(3) Jurisdiction Regulation – Tort
The special jurisdictional rule for tort may seem appealing at first sight. Per Bier,31xCase 21/76, Mines de Potasse d'Alsace [1976] ECR 1735. the ECJ held that Article 5(3) allows litigation in both the locidelicti commissi (the place where the harmful event leading to, or potentially leading to, the harm occurred) and the locus damni: the place where the damage occurred. In cases where the plaintiff is able to show that International Business with registered seat in an EU Member State is behind the actions which led to the tort, this grants a jurisdictional trigger. However, as already noted, this is not in itself a big help for pursuing EU-based multinational corporations. They can already be pursued on the basis of Article 2. The bigger issue, as dealt with below, is how one can pursue that EU mother company on the basis of EU law.
2.1.4 Special Jurisdictional Rule: Article 5(4) Jurisdiction Regulation
Courts which have jurisdiction in a criminal procedure also have jurisdiction for the civil leg of the prosecution.
2.1.5 Review of the Jurisdiction Regulation: The 'International Dimension' of the Regulation
The review of the Brussels I Regulation proposed both an assets-based jurisdictional rule and a forum necessitatis option, which would have had an impact on the issue discussed here. However, neither of these proposals were withheld in the eventual Brussels I-bis Regulation.32xRegulation 1215/2012. See G. Van Calster, 'Le nouveau EEX est arrivée', Rechtskundig Weekblad, ter perse (2014).
2.2 Applicable Law
Establishing jurisdiction leaves open the question of what law to apply to the facts at issue – as also illustrated by the challenges hitting the application of the ATS. The EU does not operate an ATS-like system, which employs international law to advance the case of plaintiffs seeking 'justice' in environmental or human rights cases. The CSR-proactive route which must be followed in the EU is one of Gleichlauf between having a court in the EU hear the case and having that court apply the human rights/environmental law of that same forum.33xGiven the high degree of harmonisation of environmental law, as well as (to a slightly lesser degree) of occupational health and safety laws, and of course the impact of the European Convention on Human Rights as well as the EU's Charter of Fundamental Rights, the relevant laws of EU Member State do display a certain amount of harmony.
The most likely route to pursue a corporation in a court in the EU is via an action in tort. This generally entails the application of the lex loci damni: that is, the core rule of the EU's 'Rome II' Regulation.34xRegulation 864/2007 on the law applicable to non-contractual obligations, OJ [2007] L199/40. See detailed analysis in G. Van Calster, EU Private International Law (Oxford, Hart, 2013) (2nd edn forthcoming January 2015). Applicable law is the law of the place where the damage first occurred, not where the action leading to that damage occurred or where subsequent indirect damage is felt. Given that plaintiffs generally do not pursue the case with a view to having the law of a non-EU Member State apply (they aim to have EU law being applicable), this general rule of the Rome II Regulation in all likelihood is not the goal of the plaintiffs concerned.
Might any of the exceptions in the Rome II Regulation apply?
If both parties are habitually resident in the same country when the damage occurs, the law of that country applies (Article 4(2) Rome II). This may be relevant in exceptional cases; however, the more standard CSR scenario is for victims resident in the locus damni, outside of the EU, to sue in the EU. Even if the victims of the tort subsequently move to the same EU Member State as the state of incorporation of defendant, this would not assist: Article 4(2) looks at the time of occurrence of the damage.
Article 4(3) more generally includes an escape clause: when it is clear from the circumstances of the case that it is manifestly more closely connected with a country other than the one indicated by 4(1) or 4 (2), the law of that country shall apply instead. 'The' tort has to have that manifestly closer relationship: in particular in the CSR context, this is problematic given the occurrence of the damage abroad.
Finally, Article 7 Rome II contains a special rule for environmental damage:
Environmental damage
The law applicable to a non-contractual obligation arising out of environmental damage or damage sustained by persons or property as a result of such damage shall be the law determined pursuant to Article 4(1), unless the person seeking compensation for damage chooses to base his or her claim on the law of the country in which the event giving rise to the damage occurred.
This article ties in with one of the options for establishing jurisdiction for an EU court, as highlighted above. One would have to convince a court in an EU Member State that either direct instructions or negligent lack of oversight by International Business [EU Member State] led to the damage at issue and hence constitutes 'the event giving rise to the damage'. This is not an easy burden of proof (and one reminiscent of the US judge's instruction to counsel in Apartheid35xNote 25 above and accompanying body text.).
Finally, I would argue that the additional rule on 'rules of safety and conduct' of Article 17 arguably have less of a calling for environmental litigation than may be prima facie assumed.36xContra: V. Van Den Eeckhout, 'Corporate Human Rights Violations and Private International Law', Contemporary Readings in Law and Social Justice 2 (2012).
In summary, therefore, while it is relatively straightforward in the case of acts committed abroad, to sue a corporation in the EU, in the case of that corporation having a corporate bridgehead in the EU, applicable law almost certainly will not be European law.37xSimilarly, see C. Van Dam, 'Tort Law and Human Rights: Brothers in Arms. On the Role of Tort Law in the Area of Business and Human Rights', 221 Journal of European Tort Law, at 231-32 (2011). There does not, at this moment, seem much of a constituency in EU institutions to have this changed.
In the aforementioned case of Shell, the Court at The Hague held on 30 January 2013 not on the Basis of the Rome II Regulation, but rather on the basis of Dutch conflicts law, for Rome II did not apply ratione tempore. Therefore, it did not entertain any of the options outlined above in that Regulation which may have led to Dutch law: the events which gave rise to the damage occurred before the entry into force of that Regulation.
Generally, the judgment is quite comforting for Shell (and other holding companies in similar situations). It stuck to its decision to join the cases, hence allowing Shell Nigeria to be pursued in the Dutch courts, together with the holding company (against which as noted jurisdiction was easily established under the Brussels I Regulation). The court applied lex loci damni. (If I am not mistaken, prior to Rome II, the Netherlands applied a more or less complex conflicts rule, not necessarily leading to lex loci damni, neither to lex loci delicti commissi, which was the rule in most EU Member States prior to the entry into force of the Rome II Regulation.)
Nigerian law applied and any route to apply Dutch law was rejected. Incompatibility with Dutch ordre public, for instance, was not withheld. Nigerian law running along common law lines, the court ran through negligence in tort, applied to environmental cases, leading among others to the inevitable English case of Rylands v. Fletcher. The court found that the damage occurred because of sabotage, which under Nigerian law in principle exonerated Shell Nigeria. Only for two specific instances of damage was liability withheld, for Shell Nigeria had failed to take basic precautions. The conditions of the Court of Appeal in Chandler v. Cape38x[2012] EWCA Civ 525. to establish liability for the holding company were not found to be met in the case at issue. The court did not establish a specific duty of care under Nigerian law (with the loop to the English common law) for Royal Dutch Shell (RDS), the mother company. A general CSR commitment was not found not to alter that.
3 Piercing of the Corporate Veil and Compliance Strategies
As the Shell case shows, some form of piercing of the corporate veil is generally required to lead to successful pursuit of international holding companies on the basis of activities of their subsidiaries carried out in less CSR active jurisdictions. Even in the EU, there is no general EU rule on the piercing of the corporate veil. Neither company law nor tort law is sufficiently (or in the case of tort law even embryonically) harmonised to be able to speak of much EU influence here.
3.1 Inspiration from Competition Law?
In EU competition law, the principle is more or less established and may, one suspects, inspire in other areas, too. In ENI,39xCase T-39/07, not yet published in ECR. for instance, the ECJ confirmed the strong presumption of attribution in the case of shareholder control.
It is established case law under EU competition law that the conduct of a subsidiary may be imputed, for the purposes of the application of Article 101 TFEU (the core article disciplining cartel behaviour), to the parent company particularly where, although having separate legal personality, that subsidiary does not autonomously determine its conduct on the market but mostly applies the instructions given to it by the parent company. The ECJ (and national courts taking its lead) will have regard in particular to the economic, organisational and legal links which unite those two legal entities. In such a situation, since the parent company and its subsidiary form part of a single economic unit and thus form a single undertaking for the purpose of Article 101 TFEU, the Court of Justice has repeatedly held that the Commission may address a decision imposing fines to the parent company without being required to establish its individual involvement in the infringement.
In the particular case in which a parent company holds all or almost all of the capital in a subsidiary which has committed an infringement of the EU competition rules, there is a rebuttable presumption that that parent company exercises an actual decisive influence over its subsidiary. In such a situation, it is sufficient for the Commission to prove that all or almost all of the capital in the subsidiary is held by the parent company in order to take the view that that presumption is fulfilled.
In addition, in the specific case where a holding company holds 100% of the capital of an interposed company which, in turn, holds the entire capital of a subsidiary of its group which has committed an infringement of EU competition law, there is also a rebuttable presumption that that holding company exercises a decisive influence over the conduct of the interposed company and also indirectly, via that company, over the conduct of that subsidiary.
In ENI, for the entire duration of the infringement in question, Eni held, directly or indirectly, at least 99.97% of the capital in the companies which were directly active within its group in the sectors in which there had been a violation of competition law. The ECJ held that in particular the absence of management overlap between Eni and the daughter companies was not enough to rebut the presumption of the companies being a single economic unit.
3.2 Outside of Competition Law
In competition law, therefore, the corporate veil may be quite easily pierced in a holding context, at the very least for transfer of fines. This is undoubtedly not the approach which many Member States take outside of the competition law area. The waters on the piercing of the corporate veil other than in the area of competition law remain quite deep. This has an impact on the conflicts area, in particular in the application of the Rome II Regulation (as noted, the core rule for conflict of laws in torts) and the debate on corporate social responsibility. This point was also made by, e.g. the UK Supreme Court on 12 June 2013 in Petrodel v. Prest40x[2013] UKSC 34. (a matrimonial assets case which was decided on the basis of trust), where Lord Neuberger stated obiter 'if piercing the corporate veil has any role to play, it is in connection with evasion'. Lord Sumption's take was
there is a limited principle of English law which applies when a person is under an existing legal obligation…which he deliberately evades or whose enforcement he deliberately frustrates by interposing a company under his control. The court may then pierce the corporate veil for the purpose, and only for the purpose, of depriving the company or its controller of the advantage that they would otherwise have obtained by the company's separate legal personality.
He added
The principle is properly described as a limited one, because in almost every case where the test is satisfied, the facts will in practice disclose a legal relationship between the company and its controller which will make it unnecessary to pierce the corporate veil.
Lord Clarke, agreeing with Lord Mance and others, stated 'the situations in which piercing the corporate veil may be available as a fall-back are likely to be very rare'.
Piercing issues were also sub judice in VTB41x2013] UKSC 5. – without much holding on the merits. VTB's case was that it was induced in London to enter into a Facility Agreement, and an accompanying interest rate swap agreement, by misrepresentations made by one of the defendants, for which it claims the other respondents are jointly and severally liable. Parties are of suitably diverse domicile (appellant incorporated in England however controlled by a state-owned bank in Moscow; defendants two British Virgin Island-based companies owned and controlled by a Moscow-based Russian businessman). Defendants not being EU-based, the Brussels-I Regulation did not not apply.
The issues involved were essentially:
Lord Neuberger made the point that settling the presence (or not) of jurisdiction is an early procedural incident in a trial and ought not to lead to protracted legal argument, costs and time, lest the discussions centre around whether the potential other jurisdiction can guarantee a fair trial or not. In contrast with other recent high-profile cases before the UK courts, the alternative, Russian forum, would by common agreement have also offered a fair trial. Lord Neuberger also emphasises, with reference to Lord Bingham in Lubbe v. Cape, that in forum non conveniens considerations, appeal judges should defer in principle to the trial judge and that this should be no different in proceedings concerning service out of jurisdiction. The majority therefore opted to defer to Arnold J (at the High Court) and the Court of Appeal in their finding of jurisdiction, in the absence of any error which ought to have made the former change their conclusion.
Applicable law for tortious misrepresentation. This the law of the jurisdiction in which they are ultimately received and relied upon (the forum connogati if you like). In the case at issue, this was held to be England.
Applicable law for piercing the corporate veil. The Court emphasises the foundation of individual personality of a company established in Salomon and A Salomon and Co Ltd (1897). The presumption must be against piercing. The Supreme Court did not however set out a definitive test for it was not necessary for its resolving of the case, neither did it decide what law should apply to the issue. In theory, Lord Neuberger suggested
the proper law governing the piercing of the corporate veil (may be) the lex incorporationis, the lex fori, or some other law (for example, the lex contractus, where the issue concerns who is considered to be party to a contract entered into by the company in question).
However, common ground among parties in the case thus far had been to apply English law, and the issue of choice of law for piercing the corporate veil was not further reviewed.
That would seem to be the general line held by case law across the EU: if the relevance for deciding applicable law to the piercing issue is at all identified, parties and courts generally happily continue with the application of lex causae42xSee also S. Demeyere, 'Liability of a Mother Company within the EU for a Foreign Subsidiary – Study under French, Belgian and English Law', forthcoming. rather than conducting the analysis using traditional conflict of laws methodology.
It may be the cynic's view that in the absence of internationally followed principles, in particular on piercing the corporate veil, companies will continue to organise their corporate structure with a view to forum and applicable law shopping. However, paraphrasing Judge Jacobs in Kiobel, immoral behaviour is few companies' business plan. This does not mean that one need not address the current uncertainty with respect to the possibility to pursue business in EU or other courts on the basis of arguably stricter tort, health and safety, environmental, etc. laws in those states. For if nothing else, the current disparate approach does not exactly assist in creating the level playing field necessary for international business integration.
1 COM(2001) 366.
3 Guiding Principles on Business and Human Rights: Implementing the United Nations 'Protect, Respect and Remedy' Framework, 2011, available via <www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf> (last visited 28 March 2014).
4 For the most recent state of affairs, see my blog at <http://gavclaw.com/>.
5 Regulation 44/2001, OJ [2001] L12/1.
6 Alien Tort Statute, 28 U.S.C. §1350 (2000).
7 Filartiga v. Pena-Irala, 630 F.2d 876, 878 (2d Cir. 1980).
8 Sosa v. Alvarez-Machain, 124 S. Ct. 2739, 2769 (2004).
9 SeeSosa.
10 D.D. Caron and R.M. Buxbaum, 'The Alien Tort Statute: An Overview of Current Issues', 28 Berkeley Journal of International Law 2, at 514 (2010).
11 S.M. Morris, 'The Intersection of Equal and Environmental Protection: A New Direction for Environmental Alien Tort Claims after Sarei and Sosa', 41 Columbia Human Rights Law Review, at 281 (2010).
13 D. Cassel, 'Corporate Aiding and Abetting of Human Rights Violations: Confusion in the Courts', 6 Northwestern Journal of International Human Rights 2, at 306 (2008).
15 Kiobel v. Royal Dutch Petroleum Co., 621 F. 3d 111 (2d Cir. Sept. 17, 2010).
16 J.R. Crook, 'Contemporary Practices of the United States Relating to International Law: International Human Rights: Second Circuit Panel Finds Alien Tort Statute Does Not Apply to Corporations', 105 American Journal of International Law (2011), at 139.
17 Crook, above n. 16, at 139.
18 Doe I v. Unocal Corp., 395 F.3d 932 (9th Cir. 2002), rehearing en banc granted, 395 F.3d 978 (9th Cir. 2003), and vacated and appeal dismissed following settlement, 403 F. 3d 708 (9th Cir. 2005).
19 Khulumani v. Barclay Nat'l Bank Ltd., 504 F.3d 254 (2d Cir. 2007).
20 Cassel, above n. 13, at 319.
21 USSC No. 10–1491 decided 17 April 2013.
22 No. 10–1491 decided 24 June 2010.
23 USSC No. 11–965.
24 International Shoe v. State of Washington – 326 U.S. 310 (1945).
25 See <http://opiniojuris.org/wp-content/uploads/17-Apr-SDNY-Opinion.pdf> (last visited 26 June 2014).
26 Augenstein, n 557 above, 16. See also V. Van Den Eeckhout, 'Promoting Human Rights within the Union: The Role of European Private International Law', 105 European Law Journal 127 (2008).
27 Note 5 above.
28 English version of that judgment may be obtained from me by simple e-mail request. See for analysis also L. Enneking, 'The Future of Foreign Direct Liability? Exploring the International Relevance of the Dutch Shell Nigeria Case', Utrecht Law Review, at 44-54 (2014) ; and C. Van der Heijden, 'De Shell Nigeria Zaak: de eerste Nederlandse foreign direct liability zaak voor de civiele rechter', TVR 3, at 71-85 (2013).
29 BK8616, Rechtbank 's-Gravenhage, HA ZA 330891 09-579, Vereniging Milieudefensie et al v. Royal Dutch Shell plc and Shell Petroleum Development Company of Nigeria Ltd.
30 Case 33/78, Somafer [1979] ECR 2183, para. 13.
31 Case 21/76, Mines de Potasse d'Alsace [1976] ECR 1735.
32 Regulation 1215/2012. See G. Van Calster, 'Le nouveau EEX est arrivée', Rechtskundig Weekblad, ter perse (2014).
33 Given the high degree of harmonisation of environmental law, as well as (to a slightly lesser degree) of occupational health and safety laws, and of course the impact of the European Convention on Human Rights as well as the EU's Charter of Fundamental Rights, the relevant laws of EU Member State do display a certain amount of harmony.
34 Regulation 864/2007 on the law applicable to non-contractual obligations, OJ [2007] L199/40. See detailed analysis in G. Van Calster, EU Private International Law (Oxford, Hart, 2013) (2nd edn forthcoming January 2015).
35 Note 25 above and accompanying body text.
36 Contra: V. Van Den Eeckhout, 'Corporate Human Rights Violations and Private International Law', Contemporary Readings in Law and Social Justice 2 (2012).
37 Similarly, see C. Van Dam, 'Tort Law and Human Rights: Brothers in Arms. On the Role of Tort Law in the Area of Business and Human Rights', 221 Journal of European Tort Law, at 231-32 (2011).
39 Case T-39/07, not yet published in ECR.
40 [2013] UKSC 34.
41 2013] UKSC 5.
42 See also S. Demeyere, 'Liability of a Mother Company within the EU for a Foreign Subsidiary – Study under French, Belgian and English Law', forthcoming.


text:
David Füleki (* 1985) ist ein deutscher Comiczeichner, Illustrator und Sachbuchautor.

Biografie

Füleki absolvierte den Bachelor- und den Masterstudiengang Medienkommunikation an der TU Chemnitz. Nach dem Studium, teilweise schon währenddessen, begann er als Comiczeichner und freier Illustrator zu arbeiten. Mit Roy Seyfert gründete er 2008 den Verlag Delfinium Prints, für den er unter anderem als Zeichner und Redakteur tätig ist. 2005 gewann er den Comic-Wettbewerb des Banzai-Magazins  und 2008 das Comic-Duell des Magazins Comicgate beim Comic-Salon Erlangen. Zudem erhielt er unter anderem Auszeichnungen beim ICOM Independent Comic Preis und ist Gewinner des Sondermann 2011, den er für seine Reihe Entoman erhielt, sowie des PENG!-Preises für seine Serie 78 Tage auf der Straße des Hasses. 2016 wurde er erstmals fü den Max-und-Moritz-Preis, die wichtigste Auszeichnung für Comics im deutschsprachigen Raum, nominiert. Der Tagesspiegel nennt ihn in diesem Zusammenhang "einen der besten und produktivsten deutschen Comicautoren seiner Generation" und ergänzt in Bezug auf sein nominiertes Werk 78 Tage auf der Straße des Hasses: "Füleki […] beherrscht sein Handwerk als Zeichner wie als Erzähler. Unter der Oberfläche des 'sinnlosesten Gemetzels der Welt' (Verlagswerbung) erweist er sich als selbstironischer Meister der Metaebenen und offenbart in fast jeder Szene ein tiefes Verständnis von den Möglichkeiten der Kunstform Comic".

Er veröffentlichte unter anderem für die Verlage Carlsen Comics, Tokyopop, Altraverse, S. Fischer Verlag, Zwerchfell, GRIN, New Ground Publishing, Delfinium Prints und die Manga-Anthologie Shounen Go! Go!. Die politisch orientierte Comic-Reihe seitwärts erscheint seit 2011 in der SPD-Parteizeitschrift Vorwärts. Seit 2012 arbeitet er an dem wöchentlichen Zeitungscomic Der Schlaufuchs, welcher in der Fuldaer Zeitung erscheint und sich primär an ein jüngeres Publikaum richtet. Ebenfalls seit 2012 ist er als Letterer in das Projekt Notfunny involviert, der englischsprachigen Version von Joscha Sauers Nichtlustig.

Seit 2020 ist er als Illustrator für den YouTuber GermanLetsPlay tätig. 2021 begleitete er als Illustrator den Social-Media-Auftritt der Deutschen Fußballolympiamannschaft bei den Olympischen Sommerspielen in Tokio. Zur  Bekanntgabe des Kaders veröffentlichte der Deutsche Fußball-Bund (DFB) einen Animations-Kurzfilm im Stile früherer Fußball-Anime, den Füleki zeichnerisch umsetzte und der von Trickfilmkünstler Sascha Küpper final animiert wurde. 2022 trat er als Vertreter deutschsprachiger Mangaka in der MDR-Dokumentation Popcult Japan auf, für die er ebenfalls Artwork, Plakat und Titelanimation produzierte.

Werke (Auswahl)

Comics
 Vereinigung der Superkrieger introducing Toh-Fu (2001, in Banzai! #4)
 Apokalypse am Wochenende (2002, in Manga Talente 2002)
 Like a Hero (2003, in Manga Talente 2003)
 Die Gabe (2005, in Banzai! #50)
 Die höchst fragwürdige Resozialisierung des Wilbert Plumduff oder Die Rückkehr der Robo-Affen (2006, in Manga Fieber #2, Tokyopop)
 tuchfühlung-Comic (erscheint seit 2007 in unregelmäßigen Abständen in dem Campus-Magazin tuchfühlung, bisher 23 Ausgaben)
 78 Tage auf der Straße des Hasses (seit 2008, Delfinium Prints und Tokyopop, 20 Hefte, 2 Sonderhefte, 3 Taschenbücher, 1 Doodle-Buch)
 Monsterjagd (2008, in Comicgate-Magazin #3; 2011, in Fool on the Hill #14, Skript: Andreas Völlinger)
 Itsy Bitsy Spider (2008, in Unheimlich Manhwa #1, Skript: Andreas Völlinger)
 The Big L (2008, in Shounen Go! Go! #2; 2009, Delfinium Prints, Skript: Andreas Völlinger)
 Suburbia Highschool (seit 2008, Delfinium Prints, 3 Bände)
 Super Epic Brawl Omega (seit 2009, 6 Ausgaben, in Shounen Go! Go! sowie bei Delfinium Prints)
 Struwwelpeter: Die Rückkehr (2009, Tokyopop)
 Entoman - powered by Comicstars (2010, monatlich erscheinender, mittlerweile eingestellter Webcomic)
 Tristesse, Beton und Menschlichkeit (2010, in JAZAM! #5; in Fool on the Hill #13; bei Delfinium Prints)
 Blutrotkäppchen (2010, Delfinium Prints)
 Jingle Bells (2010, in Weihnachtshorrorcomix, undergroundcomiX.de, 3-seitige Kurzgeschichte, Text: Markus Lehmann)
 Unsichtbare Monster (2010, in Baito Oh! #2; überarbeitete Version in Comix 03/2012, 8-seitige Kurzgeschichte, Skript: Andreas Völlinger)
 Im Namen der Forschung (2011, in Manga-Mixx #8, Animexx)
 Erstes Date (2011, in Großstadtaugen, Droemer Knaur)
 seitwärts (erscheint seit 2011 monatlich in der SPD-Parteizeitschrift Vorwärts, bisher 28 Ausgaben)
 G. Jäger des Gräfenberg-Vermächtnisses (2011, in Comicgate-Magazin #6)
 Friendly Neighborhood Rickshaw Boy und Friendly Neighborhood Taxi Family (2011, in JAZAM! #6)
 Manga-Madness: Blutrotkäppchen (2012, Tokyopop)
 Manga-Madness: Serial Sausage Slaughter (2012, Tokyopop)
 Der alte zynische Bastard und das feine Leben (2012, in JAZAM! Der Sinn des Lebens)
 Heilandstaufe (2012, in JAZAM! #7)
 Kesse Disco-Schlampen und die Schneckokalypse (2012, im Manga-Mixx #9 bei Animexx)
 Cartoons in Sammelband Schluss mit Lustig! (2012, edition Sächsische Zeitung)
 Der Schlaufuchs (erscheint seit 2012 wöchentlich in der Fuldaer Zeitung, seit 2014 auch im Magazin Comix, Co-Autor: Andreas Völlinger)
 Gastcomics in Sarah Burrinis Das Leben ist kein Ponyhof 2 (2013, Zwerchfell Verlag)
 Beppo Biber: Wie entstehen Wolken? (2013, in JAZAM! #8)
 Die Letzte ihrer Art (2013, in Perry – unser Mann im All #141 und Comix 09/2013, 12-seitige Kurzgeschichte, Skript: Andreas Völlinger, Farben: Martin Geier)
 Fickschnittchen Schneewittchen (2012, Delfinium Prints; 2014, in Hentai-Mixx #2 bei Animexx)
 Quadrillion Raging Fists Apollo. Final Chapter: The Fall (2014, in JAZAM! #9)
 Shounen Phalanx. Der Tagungsband des ersten Shounen Manga Workshops (2014, Delfinium Prints)
 Auris (2014, in Perry – Erlangen Ashcan-Special #2, Alligator Farm, Skript: Andreas Völlinger)
 Infamous Justice Force Strikers (seit 2014, Delfinium Prints; seit 2017 auch im Magazin Comix)
 Zombie Movie (2014, in Dead Ends, Zwerchfell Verlag, Skript: Michel Decomain)
 Der Schlaufuchs. Das Comicbuch (2014, Parzeller, in Kooperation mit Andreas Völlinger und Susan Burdack)
 Das X markiert den Schatz (oder: Entoman vs. Niereninsuffizienz) (2015, in JAZAM! #10)
 Ahornella die Fischdamenfrau (2015, in Krakel Komik. Meerjungfrauen, Nymphen, Nixon)
 Mutters gelber Schirm (2015, Delfinium Prints)
 Entoman: Amikoverse Heroes (seit 2015, Delfinium Prints; bisher zwei Teile erschienen)
 Allani Persephone (2015, Delfinium Prints)
 Biorogie. Das Nudel Hugi lebt! (2016, in Krakel Komik. Bio)
 Nobo mit der Spitzhacke gegen Rokatrix (2016, in JAZAM! #11)
 Random Quest for 27 magische Wunschdrachen-Artefakte (2016 in Manga-Mixx 10)
 Another Christmas Carol (2016, Delfinium Prints)
 Saga of Eternity Crystals. Legend of Spielstand 2 (2017, in JAZAM! #12)
 Entoman vs. Work-Life-Balance (2017, in Krakel Komik. Mach's dir selbst!)
 Demon Mind Game (2017–2021, Tokyopop, 3 Bände)
 Entoman. Süßes oder Saures, Miau! (2017, Delfinium Prints)
 Definition von Albtraum (2018, in JAZAM! Schreckgeschichten)
 Encyclopaedia Daemonica (2019, Begleitbuch zur Reihe Demon Mind Game)
 Die Wunder des Krakel (2019, in Krakel Komik. Das 5. Buch Krakel)
 Das Martyrium des Krakel (2019, in Krakel Komik. Das 5. Buch Krakel)
 JAZAM! The Best (and Worst) of David Füleki (2019, Kurzgeschichtensammlung)
 Heroes of Rivalry (2021, Webcomic für BMW Esports, Storyboard-Artist, Zeichner: Acky Bright)
 GermanLetsPlay: Im Wirbel der Welten (2021, Community Editions, Zeichner und Co-Autor, Autoren: Haiko Hörnig, GermanLetsPlay, Dario Haramustek)
 GermanLetsPlay: 2022: Durchgewirbelt (2021, Community Editions)
 Völlig meschugge?! (2022, Carlsen Verlag, Vorlagenzeichner für Manga-Sequenzen, finale Umsetzung durch Melanie Garanin)
 Rise of the Reborn (2022, YUNA, Zeichner, Texte von Amir Yarahi alias Kurono und Aljoscha Jelinek)

Bilderbücher
 Struwwelpeter: Das große Buch der Störenfriede (2009, Tokyopop)
 Familiensache (2010, Delfinium Prints in Kooperation mit IKOS)
 Supermops und der rätselhafte Roboheld (Illustrationen, 2020, Südpol, Skript: Nicolas Gorny)
 Leos wilde Abenteuer – Mond-Fieber (Illustrationen, 2020, Südpol, Skript: Andreas Völlinger)
 Supermops und die erstaunliche Eiszeit (Illustrationen, 2021, Südpol, Skript: Nicolas Gorny)
 Detektivbüro Grusel & Co. - Achtung! Weltraum-Glibber (Illustrationen, 2021, Südpol, Skript: Nicolas Gorny)
 Detektivbüro Grusel & Co. - Vorsicht! Geister-Kleister (Illustrationen, 2022, Südpol, Skript: Nicolas Gorny)

Lernhefte
 Zeitungstreff Kindergarten (Gestaltung, 3. Bände, seit 2014/15, Parzeller)
 Sicher durch den Straßenverkehr mit Leon und dem Schlaufuchs (Inhalt und Gestaltung, 2016, Parzeller in Kooperation mit Polizeipräsidium Osthessen)
 Zwergenmusik. Begleitheft zur Musikalischen Früherziehung. (Gestaltung, 4 Bände, seit 2015, Parzeller in Kooperation mit Musikschule Ebert)

Fachliteratur
 Geschmacklose Hülle - Kritischer Kern: Eine Analyse des derben Zeichentricks für Erwachsene am Beispiel von Drawn Together (2008, GRIN Verlag)
 Im Zocken vereint: Über die Entstehung der neuen Gemeinschaft der Computerspieler  (2008, GRIN Verlag)
 Die Fandom/Fanservice-Synergie (in Tagungsband PRspektive Online - Public Relations im Netz, 2011, Universitätsverlag Chemnitz)
 World of Warcraft: Mein Online-Ich und ich. Wissenschaftliche Betrachtungen zum erfolgreichsten Online-Rollenspiel der Welt (2013, ScienceFactory)
  32000 Jahre Comic: Ein historischer Abriss (2013, in Streifband 22)

Doodle-Bücher
 Das subversive Weitermalbuch, das schlimm ist (2015, Delfinium Prints)
 Lausbuben Doodle (2016, Delfinium Prints)
 Random Doodle (2016, Delfinium Prints; in Kooperation mit Zeichnern der Comic Solidarity)
 Monster Doodle (2016, Delfinium Prints; in Kooperation mit Zeichnern der Comic Solidarity)

Magazine
Regelmäßige illustrative Arbeiten.

 tuchfühlung (Studentenmagazin der TU Chemnitz seit 2007, Comics und verschiedene Illustrationen, seit 2007)
 move36 (Verlag Parzeller, verschiedene Illustrationen, seit 2012)
 Schlaufuchs Magazin (Verlag Parzeller, 2013 bis 2019)
 COMIX (JNK Media, seit 2012 mit verschiedenen Kurzgeschichten und den Serien der Schlaufuchs und Infamous Justice Force Strikers vertreten)

Preise, Auszeichnungen (Auswahl)
 3. Platz Manga-Talente 2003 (für Like a Hero)
 1. Platz Banzai!-Doujinshi-Wettbewerb 2005 (für Die Gabe)
 1. Platz Comic-Duell 2008
 ICOM Independent Comic Preis 2009 (Kategorie: Sonderpreis der Jury für Comicgate Magazin #3, Comic-Beitrag: Monsterjagd)
 ICOM Independent Comic Preis 2011 (Kategorie: Sonderpreis der Jury für JAZAM! #5, Comic-Beitrag: Tristesse, Beton und Menschlichkeit)
 1. Platz Jugendzeiten-Wettbewerb von ToonsUp (für Was ich mal werden will)
 1. Platz Manga-Wettbewerb der Internationalen Funkausstellung Berlin 2011
 1. Platz August 2011-Wettbewerb von MyComics (für Was ich mal werden will)
 Sondermann 2011 (Kategorie: Web-Sondermann, für Entoman)
 1. Platz 12-Stunden-Comic-Wettbewerb von MyComics 2012 (für Struwwelpeter und Paulinchen stranden in Japan)
 ICOM Independent Comic Preis 2012 (Kategorie: Herausragendes Artwork)
 PENG!-Preis 2015 (Kategorie: Manga aus Deutschland, für 78 Tage auf der Straße des Hasses)
 1. Platz 12-Stunden-Comic-Wettbewerb von MyComics 2015 (für Mutters gelber Schirm)
 Qualitätssiegel für Kinder- und Jugendzeitschriften der Stiftung Lesen für Schlaufuchs Magazin
 ICOM Independent Comic Preis 2018 (Kategorie: Bester Independent Comic für JAZAM Vol. 12: Spiel, Comic-Beitrag: Saga of Eternity Crystals. Legend of Spielstand 2)
 German Influencer Award 2020: Rising Star (Kategorie: Art)
 Leipziger Lesekompass für Detektivbüro Grusel & Co – Achtung! Weltraum-Glibber (zusammen mit Autor Nicolas Gorny)

Weblinks

 Manga-Madness. David Fülekis Website mit Comic-Archiv.
 Interview für myComics 5/2012
 Die offizielle Homepage von Delfinium Prints

Einzelnachweise

Comic-Zeichner (Deutschland)
Comic-Szenarist
Deutscher
Geboren 1985
Mann
Absolvent der Technischen Universität Chemnitz

redpajama_set_name: RedPajamaWikipedia


Whoops. Ceduna running the vc035b schedule until ~05:38UT. Onsource on the vc035a source and recording to vc035a directory as of ~05:46UT. Observing stopped at ~05:54 to change to v252a schedule.
This fringe check data is saved to XRAID SWIN V005 A1-7.


Original Article: "Veteran chef Cory Morris takes the reins at Nacional 27"
Nacional 27 (325 W. Huron St.), which celebrated its 20th anniversary last year, begins its next 20 years with a new chef.
Nacional 27 is pan-Latino restaurant — the name refers to the 27 Spanish-speaking countries on whose cuisines the menu is based — and Morris seems like an ideal fit. At Boleo, Morris focused on Peruvian street food; prior to that, he worked with Cuban flavors at Ronero, Argentine-style beef at the late Rural Society, and tapas and paella at Mercat a la Planxa.
The current menu represents Morris' first major changes. New dishes include a ropa vieja empanada ("I took the olives out of the traditional ropa vieja menu and made an olive chimichurri sauce instead"), Peruvian chicken with aji amarillo and arroz con pollo ("I use the same nice Spanish rice I'd use for paella").
The dining room has undergone a recent remodeling, creating new booths, curtains and carpeting, along with new lighting, artwork and a replaced dance floor (which gets a lot of use on weekends).


text:
5th Grader Starts Operation Shoebox for Victims of the 2017 California Fires
By Mia Johansson
On his 11th birthday, my cousin Aiden Bunas, a fifth grader from Redding, California, opted out of a big party. Instead, he chose to sit at his family's kitchen table and prepare around two hundred donated shoeboxes for his idea, "Operation Shoebox." Each of these boxes will go to victims of the 2017 fires.
Some of the boxes will go to boys; some are planned for girls; and, some boxes will go to families with pets. All the boxes were planned, packed and taken to Hidden Valley Elementary School's donation center with love and care. When asked if he missed having a big party, Aiden shrugged and said, "This was more important."
They arrive under a sky filled with smoke.
On October 20th, Aiden and his parents, Craig Bunas and Naomi Yamamoto, packed their mountain of boxes in a rented trailer. The three arrived at Hidden Valley Elementary School's donation center. Grateful recipients met them and shared their own stories. Over 200 of the students of this one elementary school lost homes to the fire.
Aiden in red, center, Naomi Yamamoto (Mom) fourth from right, Craig Bunas (Dad) kneeling center
News of Aiden's "Operation Shoebox" was featured on a local San Francisco TV channel later that evening. Both Aiden and his mom were interviewed. Ms. Yamamoto smiled and said, "You know as parents, we want our children to have empathy and think outside themselves. When he showed that initiative, I was very inspired."
After "Operation Shoebox" left the center, it stopped at a Rest-and-Recovery-Base for Firefighters. Aiden distributed another 25 boxes, this time filled with goodies specific for the folks fighting the raging storm.
Thanking Aiden, firefighters took time to explain how progress is made in such a disaster. They referred to a "worldwide" support system. Battling this Northern California Fire, professionals from as far away as Australia had arrived to combat the flames. All the men and women were exhausted, but not too tired to say how grateful they were for volunteers who, in spite of losing their pets, homes, cars...everything...came out to help others.
As Aiden returned to Redding, he said, "I just felt bad for all the people that lost their homes in the fire. I wanted to help them."
If you are able to donate to help victims of the 2017 California North Bay fires, please donate through the Redwood Credit Union's Community Fund where 100% of the donations go straight to helping those whose lives have been irrevocably changed by the fires. The more we can raise, the faster the people in our community can rebuild their lives.
Read my story: http://www.theteenmagazine.com/devastating-california-fires-burn-through-north-bay-counties-how-you-can-help.
Mia Johansson
Mia Johansson created The Teen Magazine when she was 17 years old and is now the developer and administrator behind The Teen Magazine. She enjoys spending her time coding, surfing, writing, and hanging out with friends. Mia is now a sophomore at Harvard and is interning at Facebook this summer.
Website: https://www.theteenmagazine.com
More by Mia Johansson
Devastating California Fires Burn Through North Bay Counties & How You Can Help
The Perfect Boho Look for Coachella
Winter Outfits For School To Copy
Five 5 Minute Celebrity Hairstyles You Have to Try This Summer
The 10 Best Ways To Style Flannel Shirts


text:
Gremlin is the son of Gargoyle, who gave him superhuman intelligence. He designed armor and weapons used by the Soviet Super-Troopers, in his huge secret Soviet base underground in the Arctic.
Kirov Petrovna infiltrated the Gamma Base where General Ross had finally captured the Hulk. Under orders, Devastator attacked the base and the Hulk escaped. When the two fought, Devastator's gauntlets were destroyed and ended up backfiring, killing him.
Tony Stark was the arrogant son of wealthy, weapon manufacturer Howard Stark. Tony cared only about himself, but he would have a change of heart after he was kidnapped by terrorists and gravely injured. Pressured to create a weapon of mass destruction, Stark instead created a suit of armor powerful enough for him to escape. Tony uses his vast resources and intellect to make the world a better place as the invincible Iron Man. Stark's super hero identity led him to become a founding member of the Avengers.
Silver sentry from the golden galaxy, Rom has come to Earth to destroy the forces of the Dire Wraiths.
Three characters have assumed the mantle and armor of Starshine, all have been Spaceknights, allies and at least one a love interest to their fellow Spaceknight Rom, in his fight against the Dire Wraiths, alien shape-shifters who evolved off of Skrulls.
Thunderbolt Ross
Thaddeus "Thunderbolt" Ross is former U.S. military general. He is father of Bruce Banner's love Betty Ross and was archenemy of the Incredible Hulk. Ross made a deal with villains to be transformed into a Hulk himself. As the ruthless and cunning Red Hulk, he attempted to destroy his nemesis and take control of the country before seeking redemption as an Avenger. After leaving the team,he formed his own group of Thunderbolts with other Anti-Heroes. He was recently depowered by Doctor Green.
Kirkov Petrova
Captain Peter Kirkman Gregori Larionov
The Incredible Hulk #186 - The Day of the Devastator!
Blast Power
Energy Absorption
Top Rated Lists for Devastator
50 items Cold Warriors: A List of Characters who hail from Russia
41 items Russian Characters
100 items Around the World
rum1929 171
Ogrebear 43
PsychoPanda 20
bigtalk 14
OKHelp


Why do we need freedom? Is freedom necessary in our life? Why some people desperately wanting a freedom? Is it possible that freedom is a good choice? Are those freedom what you've think could help you? Freedom to, what?
Well, everybody wants a freedom. Freedom make us happy. Freedom is a chance to know our selves more.But sometimes, freedom leads us to the wrong way. By the way, freedom can wait for how many years, but it is not easy to get what you think because you have many circumstances that comes to your life. Freedom is always there for us when it is the right time for us to be free.
Freedom can wait. As long as you are kid, you only must focus your studies well in order to help you to get a better grades. Focus until you finished in your 4 year degree course you wanted to.
Freedom to choose. If we already finish our studies, you may free to choose where you want to go and get a job as long as related to your course. In that way, maybe you can free to buy all what you want like you've never bought it before. And also, you can help your family to sustain their needs and shelter. HELP YOUR FAMILY as long as you are breathing. In short, it is your time to took care of them.
Freedom BE LIKE!. This is the time that you think that you can build your own house for your new family and your children. Now,this is the time that you decide it for your self. Decide for your future.
TAKE NOTE: The child who loves freedom is the first victim of it.


text:
package org.firstinspires.ftc.team7316.modes;

import org.firstinspires.ftc.team7316.util.Loopable;
import org.firstinspires.ftc.team7316.util.Scheduler;

/**
 * Used for those autonomodes that have a single command (basically a lot of files)
 * It takes in a command in the constructor.
 */
public abstract class CommandAuto extends BaseOpMode {

    protected abstract Loopable getTask();

    @Override
    public void init() {
        super.init();
        Scheduler.instance.addTask(getTask());
    }

    @Override
    public void onInit() { // Make the classes more compact

    }

    @Override
    public void onLoop() {

    }

}

redpajama_set_name: RedPajamaGithub


text:
Anderson, Christenson get own clothing lines with APS
Photo courtesy of the FIVB
Two former All-Americans and current members of the U.S. Men's National Team now have their own clothing line.
Opposite Matt Anderson and setter Micah Christenson boh have partnered with Athlete Performance Solutions for exclusive clothing lines that have products available for fans to purchase online.
The Matt Anderson line has a "MA" white and blue logo. The logo is featured on shirts,polos,hoodies, jackets, hats and backpacks that are a part of this line.
The Micah Christenson clothing line features a "M11C" logo — Christenon's jersey number is 11 with the United States. Similar to Anderson, this clothing line features the logo on shirts, polos, oodies, jackets, hats and backpacks.
Both Anderson and Christenson are slated to return to the U.S> starting lineup for the 2021 Olympics after helping lead the country to a bronze medal at the 2016 games.
Anderson was a two-time All-American during his three-year college career at Penn State. The 2008 Co-National Player of the Year also opted to forego his senior season and start his professional career following the Nittany Lions winning the 2008 NCAA championship.
Christenson was a First-Team All-Decade selection and a three-time All-American with USC from 2012-15. While in college, Christeson had already become the starting setter for the United States and guided the team to the 2014 FIVB World Championship gold medal.
Both Anderson and Christenson are the first U.S. players to have their own clothing lines with Athlete Performance Solutions.
Athlete Performance Solutions, a sponsor of Off the Block, is a footwear licensee of Nike and develops performance shoes and athletics apparel for multiple sports, including volleyball.
Previous PostPrevious College men's volleyball match results from Saturday
Next PostNext Match rundown: 2021 college men's volleyball day-by-day schedule


ALS or MND affects over 400,000 people worldwide.
In 2016 there is still no known cause, and there is no cure ... yet.
This website is dedicated to supporting CALS (carers of a person with ALS or MND) as they love the person they care for.


DVA – aka the husband-and-wife duo Bára and Honza Kratochvíls – are one of the hottest Czech music exports around. Captivating audiences with their idiosyncratic audio world, they weave a magical sound which they've dubbed "folklore of nonexistent nations" and "pop from nonexistent radios". Their sonic accompaniment to the video game Botanicula has been awarded the prestigious Independent Games Award in San Francisco. En route – and on the road driving from Frisco through Arizona to Texas – back to the Czech Republic, they popped by Austin to play the sprawling music showcase SXSW.
Bára: There are three ways bands get to the festival. They either have to cover their own expenses and in addition 'pay to play'. Then there are bands who went through some sort of programming selection and don't have to pay to be able to play there – only the expenses – which was our case. The last group is invited by the festival. We were supposed to attend the awards ceremony in San Francisco so we thought we might as well play 2,500 miles away on the same continent, no?
1. You're an American and live in the States, or you are European and are good with contacts and lucky enough to invite some music industry people before they put you in their spam folders.
2. You hire a PR agency who invites these people and hopes that they will like the gig and write about it.
3. A PR agency won't get involved but instead, the cultural institute of the country of your origin will. For instance, after our gig an Austrian band played. Everything was sorted out for them by somebody from the Austrian cultural institute who also paid for their flights, as well as the flights for the label and manager. Most of the European countries had a promotion stand there. A Czech band could get a Danish bandmember, for instance, and try to promote themselves through Denmark.
4. If you are going there without making use of any of the above, it's probably best to consider it a sort of a holiday. We were lucky that we primarily flew to San Francisco and SXSW was more or less a bonus.
We stayed with some hippies on the outskirts of Austin who made perfect margaritas. We arrived in the evening. In the morning, somebody from a Texas radio station took us to the registration spot and interviewed us in the car. After having spent several hours in the registration process, we checked out and met Longital (a Slovak band) by chance. This was great, since they had already been at SXSW before and explained everything to us. Hideout, the venue, was a nice place, a former theatre perhaps. We realized they didn't have some of the things we had asked for but we could luckily borrow these from other bands.
Bára: A local project played before us. He had about eight people in the audience – three of whom played with their iPhones throughout the gig. After witnessing this, we thought it was pointless, that we'd have nobody at our concert. Our worries didn't materialize and we had quite a lot of people at the gig who stayed until the end. Usually people go in and out of shows there. On big festivals one experience is overshadowed by the next one each hour. It's like the Internet. In a way SXSW reminded us of Facebook, MySpace, Twitter all in one place.
SXSW is a valuable experience for every band. To get out of the familiarity of the clubs where the audience adores you is the only way to find out whether its allure only works in a safe environment. I'm looking forward to the time when bands from planet Earth will play at the Spacevision on Mars and witness what the aliens find rad and drab.
Honza: We experienced a road movie surrounded by amazing nature, slept in a motel straight out of a Coen Brothers film by the Mexican border, learnt to make margaritas, and won an award. America is a big country that doesn't really need Europe. Still, all the musicians told us how great it is for them to play in Europe, as the entire infrastructure at clubs and festivals is much better here. So actually it's okay to be European.


Genome guru who is helping perceive how genomes help connect the dots of building blocks of life itself. Interplay of four alphabets ATCG.
Only 10 years ago we started used Google maps for traffic congestion. Can we do the same for health care? Predictive genomics do for you.
Genes are basic functional units of life. In the book of life, we got 23 pairs of chapters that correspond to chromosomes. Paragraphs are like little genes put together. Sentences are genes. Each gene has start and finish.
Letters in the genome got A, C, T and G. This is an opportunity to able to look at our own instruction manual. Understanding and decoding our genome is very good exhilarating.
Global diversity in genome is what makes how we react to a drug or a desease.
We might have differences in our snips. Sometimes these snips make no diffeence at all. There are few observable snips that can distinguish one from another. You can reconstruct an entire face from DNA. Snips not only result in observable things but also play in how we react to a drug.
25% of the medicines in USA are personalized where they mentio about the genomes that those medicines would work better on.
Are we giving genetics respected attention?
80% of our deaths are from life style diseases and hence are preventable. Can we predict such deaths and prevent them? What genomics do here?
First thing that came is Janam Patri. We started to call it genome patri. Consumers think it is very complicated process. All you need is a little swab. Once you have it, brush your teeth with it and ship it back to us. We extract the DNA from it. We pick the part of genomes of interest. It gives interesting things about you.
Are you likely to be an alcoholic? Or coffee or memory. We can also tell whether certain drugs can work for you or not. It also talks about risk of particular kind of desease. We give you relative risk compared to other Indians.
We will have a generic counselor to work with you to correlate your life style with the report. It lets you find what are the things to prevent, what are the things you should do to delay the desease.
Some use cases to share.
High risk for asthma. On counseling, she told the same about her mother's condition with asthma. She thought she wouldn't have it.
We did a subset of genome patri. We started her to get attracted. Then we did the rest. Then we found she was already at breath cancer onset.
If you have the propensity of this, we can predict.
Most of the deseases are preventable. We give credit to Angelina Jolie. She started this awareness.
See Gattaca movie. Are we at where the trailer said a single drop of blood or saliva can tell who you are and whom you marry. This movie imagined 30 years ago.
Can predictive Genomics reduce India's Healthcare burden by 60%? I think so. It has come from 200 millions to Rs.10000 rupees now. It is getting there.


text:
Parents >
Home School Liaison
Book-lists
Leaving Cert Established
Leaving Cert Applied
School Partnerships >
Business in the Community
Bank of Ireland Schools Programme
UCD Future You Programme
Junior Achievement Programme
Girls in STEM Project
Cu Chulainn Heart
Math Sparks
Extra Curricular >
School Exchange Programme
ST TIERNAN'S COMMUNITY SCHOOL
"A School For The Community"
St Tiernan's Community School, Parkvale, Balally, Dublin, D16 KW26, Ireland.
Email School Secretary
For over 40 years, St Tiernan's Community School has been providing high quality education to young people from the Balally, Dundrum and Sandyford area. Our broad curriculum caters for the needs of each individual student. We offer all Junior and Senior Cycle Programmes in a non-denominational setting. We strive to ensure students engage in programmes where they reach their full potential.
In addition to providing second level education to students, St Tiernan's offers a wide range of courses to the community through our Adult Education Department.
Though much has changed since its establishment, the essential character and spirit of St Tiernan's Community School remains as strong as ever.
St Tiernan's is an extraordinary school – rich in tradition, yet firmly focused on the future. Our staff are dedicated professionals, deeply committed to bringing out the best in each and every student.
With the belief that teaching and learning should be both challenging and enjoyable for students of all abilities, we provide a stimulating educational experience, encouraging deep thinking, and supporting our students in becoming confident, resilient and highly motivated learners.
Not only do our students develop interests and talents through our extensive range of extra-curricular activities, but they forge lasting friendships, and learn the importance of community.
Underpinning all we do is a focus on student wellbeing. Our school's pastoral care system ensures all our students develop a sense of belonging, and feel supported and valued throughout their time here.
Our students, staff and parents all work together, developing a mindful, caring and compassionate school community, in which respect, warmth and lasting friendships are the norm.
By becoming a student at St Tiernan's, a balance of academics with extracurricular activities, along with a positive, friendly atmosphere await you.
Most of all, we promise you a warm welcome!
Principal: Mr Kevin Martin


text:
Q: c# htmlagilitypack get table values I have a webpage that needs to parsed ad values to be stored in sqlserver db. I have tried to use HTMLagility pack.
HtmlDocument hdoc = new HtmlDocument();
hdoc.LoadHtml(HTML);
var cols = hdoc.DocumentNode.SelectNodes("//table[@id='results']//tr//th//td");
for (int i = 0; i < cols.Count; i = i + 2)
{
            DataRow dr = dt.NewRow();
            string name = cols[i].InnerText.Trim();
}

This is how my html looks

            ID

            Entity Name /

            Type

            Registered

            Effective Date

            Status /

            Status Date

            123456

                NAME1 COMPANY

            55 - TRadeUnion Company

            01/12/1912

            Exists Now

            12/14/1943

            A23456

                TESTA, INC.

            09 - Domestic Corporation

            04/29/1926

            Dissolved Company

            06/16/1998

I need to insert entityID,name, hyperlink, type description,registeredeffectivedate,status description,status date. Right now they all print in one single line and I do know how to parse it. Please help.
Thanks
MR

A: The TD's are not nested under TH's.
Try this: SelectNodes("//table[@id='results']/tr/td");

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