text:
Bike Reports
MotorcycleDaily.com – Motorcycle News, Editorials, Product Reviews and Bike Reviews
Motorcycle News, Editorials, Product Reviews and Bike Reviews
MD Staff
Lorenzo Takes First Place in French Friday Free Practice Sessions
Movistar Yamaha MotoGP's Jorge Lorenzo positioned himself as a key protagonist for the French Grand Prix as he rode his YZR-M1 to first place today in the combined free practice session times. Teammate Rossi worked hard to find the right setting to suit the technical French track and ended the day in tenth place.
Movistar Yamaha MotoGP's Jorge Lorenzo was quick to display his consistent pace today as he prepared for Sunday's Monster Energy Grand Prix de France. The just turned 29-year-old dominated the second free practice session and was the only rider to dip under the 1'33s mark.
Valentino Rossi also put in a solid effort, but struggled to find a good stability. He was able to better his time throughout the day to take tenth position in the combined timings.
Lorenzo was looking strong in the morning and gradually improved his lap times in the cooler first 45-minutes free practice session. As he focused on finding a set-up to suit Le Mans circuit's stop-and-go nature he clocked a best time of 1'34.086s for second place, just 0.044s from the first.
The Spaniard continued to shave off time of his provisional best lap in the afternoon. Having found a good basis for his YZR-M1 in the morning, it only took a couple of minutes for him to take over at the top the timesheets with a hot lap of 1'33.572s lap. Though already in the lead, he had one more trick up his sleeve. With the expectation that tomorrow's conditions might not be as good as today's, he gave a final push in the final minutes of the session to be assured of a spot in Q2 and set a brilliant 1'32.830s lap for first place, with a 0.339s lead over his closest rival.
Teammate Rossi also was eager to start work at the beginning of the morning practice in France. He topped the provisional standing just a few minutes into the FP1 session, but was later held back due to stability issues on his bike. He went on to look for a good tyre and settings combination and booked progress throughout the session to finish in fifth place with a 1'34.452s lap, 0.410s from the front.
He continued to focus on improving the balance of his bike in the afternoon and was able to better his pace. Having found his rhythm at the end of the session, he was riding laps under the 1'34-mark with a best lap of 1'33.974s but was unable to climb up in the ranking order and wrapped up the day in tenth place, 1.144s behind his teammate.
Massimo Meregalli – Movistar Yamaha MotoGP Team Director
"Jorge had a strong start to the weekend and so far he is on schedule with the progress that he made in FP1 and FP2. He has been fast and consistent since the first session and was in a class on his own in FP2. Vale suffered from a lack of stability on his bike since the beginning of the morning session and whilst trying to solve it unfortunately it compromised a few other areas and the bike became heavier to ride, making him more uncomfortable. Both riders were able to compare different tyre choices, but it's too early to judge. Tonight we will certainly work on some solutions that we will test in FP3 tomorrow to further improve the set-up of the bikes."
1st / 1'32.830 / 39 laps
"I am very satisfied because from the beginning we started with a good setting and I was relatively fast, quite comfortably. In the afternoon we improved the bike a little bit and we went even faster with quite a big difference, a couple of tenths, to the rider in second place. It wasn't just one lap, we also had a good pace so it was a very good start to the weekend. Let's see if tomorrow we can increase the pace a little bit more and prepare for the race to our best capabilities."
10th / 1'33.974 / 41 laps
"We tried a lot of different things for the setting because this morning I wasn't fast enough, but unfortunately in the afternoon the situation was worse and we didn't find the right way. In fact, in the morning I was also quite slow and for this reason I didn't try the third tyre from Michelin, because we didn't have time. I will try it tomorrow morning."
Fantastic 4th for Espargaro on day one at Tech3 home Grand Prix
The Monster Yamaha Tech3 team rider Pol Espagaro began his round 5 campaign with instant speed at the stop and go Bugatti Circuit as he looks to impress in Sunday's race in front of the French MotoGP fans. The young Spaniard rocketed into action as he commenced in setting up his Yamaha YZR-M1 for the 28 lap sprint and positively closed FP1 in 7th. The 25-year-old continued his progress in the afternoon and eventually posted a best time that saw him finish only two tenths back from second and as the top independent team rider.
On the other side of the pit box, Bradley Smith got straight into gear as he started his in-depth setup work on the Yamaha YZR-M1 in preparation for Sunday. The British rider began the day by making the initial adjustments to the base setting whilst also sampling the new Michelin tyres and he finally ended the session in 11th. In the next practice, he carried on where he left off and pushed non-stop before completing 23 laps, more than any other MotoGP rider, and with a time that was half a second back from 8th.
4th / 1'33.406 / 42 laps
"The opening day went very well and just like in Jerez, we kept improving. In Spain we made some steps forward and then during the test we managed to comfortably ride a competitive pace, however, today we managed to progress even more. Of course, it's just the first day but for sure it has been a better start in comparison to other Grand Prix's. We improved the rear grip level and now I have the chance to ride the bike in the way that I want to. Furthermore, I'm even more pleased because the team is working very well and every time I stop in the garage and we make some modifications, I can actually feel them, which wasn't always the case last season and this is much more important than the actual result today. In addition, I have to say that I'm very happy about the job that Michelin is doing. The tyres might not be ideal in every corner of the track, but they really have made huge leaps forward in the last weeks and we can feel a clear improvement compared to the previous races."
"In all honesty, it was a positive day overall for me even if the result doesn't really show our true potential or reflect what we achieved. I felt that it was more important to do long runs and gain some more experience with our new setting from Jerez. This was in order to try and ensure that I'm comfortable with the bike, my adapted riding style and how we can apply it to this track. The team and I only made some small changes with the M1 to try and gain a direction for tomorrow, however, we know more or less what we need so we didn't try anything too drastic. We wanted to find out what is best for me and we also focused on building a bike so that we can go directly into Q2 tomorrow and have a good starting point for Sunday. We tested both new front and rear Michelin tyres and now we have some useful information about the new rear options. Also, for the first time this year I am comfortable with both compounds of front tyre. Like I said, the end result doesn't really show the positives for today but we'll be able to show our potential tomorrow when it counts."
Team Suzuki Ecstar Kicks Off the Le Mans GP
This Week In Supercross Sam Boyd Stadium, Las Vegas, NV
Motorcycle Daily
©1999-2020 Enhance Partners, LLC
Motorcycle Daily Privacy Policy
Article RSS Feed
Comment RSS Feed
Vinales Victorious after Malaysian Masterclass
Espargaro takes 11th position at Sepang as Binder wins Moto2 again
Podium at Sepang for Andrea Dovizioso, third in the Shell Malaysia Grand Prix. Danilo Petrucci finishes in ninth place and the Ducati Team holds on to first place in the Teams' standings
Monthly Archives Select Month January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 December 2011 November 2011 October 2011 September 2011 August 2011 July 2011 June 2011 May 2011 April 2011 March 2011 February 2011 January 2011 December 2010 November 2010 October 2010 September 2010 August 2010 July 2010 June 2010 May 2010 April 2010 March 2010 February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 May 2009 April 2009 March 2009 February 2009 January 2009 December 2008 November 2008 October 2008 September 2008 August 2008 July 2008 June 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006 July 2006 June 2006 May 2006 April 2006 March 2006 February 2006 January 2006 December 2005 November 2005 October 2005 September 2005 August 2005 July 2005 June 2005 May 2005 April 2005 March 2005 February 2005 January 2005 December 2004 November 2004 October 2004 September 2004 August 2004 July 2004 June 2004 May 2004 April 2004 March 2004 February 2004 January 2004 December 2003 November 2003 October 2003 September 2003 August 2003 July 2003 June 2003 May 2003 April 2003 March 2003 February 2003 January 2003 December 2002 November 2002 October 2002 September 2002 August 2002 July 2002 June 2002 May 2002 April 2002 March 2002 February 2002 January 2002 December 2001 November 2001 October 2001 September 2001 August 2001 July 2001 June 2001 May 2001 April 2001 March 2001 February 2001 January 2001 December 2000 November 2000 October 2000 September 2000 August 2000 July 2000 June 2000 May 2000 April 2000 March 2000 February 2000 January 2000 December 1999 November 1999 October 1999 September 1999 August 1999 July 1999 June 1999


text:
Mon to Fri – 8am to 8pm · 647-496-6228
You are here: Home / Educational / David Alfaro Siqueiros
October 12, 2017 /in Educational /by MuralForm Team
David Siqueiros was born in 1896 in Chihuahua the second born in a family of three children. At a young age, his mother died, and his father sent them to live with their grandparents. His grandfather from that moment on played an enormous role in shaping his growth since he spent his childhood with his grandfather.
In many accounts of his birth and childhood, false dates and speculations have been given even by him, but his story begins in Chihuahua 1896 and proceeds to include moving to his grandparents. David joined a school in 1902 in Guanajuato. During his years in school, he had taken to political ideologies, and the theories put out by the likes of Dr. Atl. He also explained that his first outburst was by his sister who refused to conform to their father's religious rules.
In 1911, Siqueiros while at the Academy of San Carlos took part in a strike that whose aim was to impeach the director because the students did not like the teaching methods that the school was using. The riot paved the way for the establishment of an open air Academy in Santa Anita. David was only fifteen when he took part in the riot.
By 18 years, he had joined the school of fine arts. He and his friends joined Carranza's army and fought the government of Huerta. The end of the revolution in 1914 meant that now the fight against political factions picked up. He traveled while in the army, and he got a better understanding of the Mexican culture.
After Carranza had taken power, Siqueiros took to painting in Mexico for a short time and then moved to Europe in 1919. He got the Cubism influence in Paris, and he found the work of Paul Cezanne a marvel, especially his use of large blocks of intense color. He met Diego Rivera in Paris. They later became part of the big three but not before traveling throughout Italy together and studying the fresco technique.
Artistic and political career
Siqueiros had political interests besides being a famous painter. There were speculations that sometimes his political needs hindered his artistic nature but he believed that his two greatest interests were co-dependent. His time abroad exposed him to Marxism, and it was evident in his manifesto, Vida Americana. In the manifesto, he was trying to grow his unique style that can marry national and universal art.
He made his way back to Mexico in 1922 where he took a job working as a muralist for the government of Alvaro Obregon. When Jose Vasconcelos began hiring artists to help educate the masses and preserve the Mexican culture, Siqueiros was hired and worked alongside Diego and Orozco. In turn, Vasconcelos gave his support to the muralist movement through commissioning murals in prominent buildings.
In as much as thoroughly were approved for famous buildings, they still lacked the public element to them, and this led Siqueiros to be among the founders of the Syndicate of Revolutionary Mexican Painters, Sculptors, and Engravers in 1923. The syndicate dealt with publicizing the art of the artists by starting a newspaper, "El Machete." The newspaper put out a manifesto that Siqueiros had taken part in authoring.
The declaration insisted on the importance of having collective art that can educate the masses and do away with individualistic art. His famous "Burial of a worker" mural did not get to be complete. Students destroyed it because they felt that it was an overly political painting.
The government had made promises that it had not fulfilled and the pressure began to build up as the movement became even more critical of the government through their art. The rift and strains with the government that had been funding murals left the Syndicate in awe of whether to keep publishing their newspaper.
The officials of the union had different opinions which saw to the exit of Diego from the union because Siqueiros was more focused on politics than the artistic value of their work. He was relieved of duty from the department of education in 1925, but he still followed his vision which later got him jailed in 1930.
He took part in political activities even after his release from prison until 1932 when he left for Europe and picked up his artistic career as a muralist. He tried modern painting methods while there and came up with two very famous murals. On these paintings, he worked in a team. The first Mural did not last long after its unveiling. Many speculate that it was because of its general theme while others said that it was because of weather issues that made the painting wash up.
The second mural is considered more radical than the first one, but it got a better reception than the first one. The wall got partial covering in 1934 and thoroughly washed in 1938 however. The mural then underwent restoration eight years later done by the Getty Conservation Institute. The painting became open to the public in 2012, on its 80th birthday. There is a Tropical Interpretive Center that is especially to honor the life of David Siqueiros.
Siqueiros artistic style
He had a much-propelled vision and belief that art should be public for all to see and learn from its messages. His work's main basis was on the revolution; he tried to shed light on human struggles so that the end of capitalist rulers would come. He incorporated the Mexican culture and history into some of his paintings which he mainly used as accessories to his main story.
Though many said that he was more political than artist, his vision was clear to him as he fought to get to show and communicate to the upper and lower class alike. He took part in the first ever Mexican Incidental with Orozco, Diego, and Tamayo in 1950 at the XXV Venice Biennale. He got second place, a prize that recognized the status of Mexican art internationally.
Later life
"The people to the university, the university to the people," is an outdoor mural that Siqueiros painted at the National Autonomous University of Mexico in 1952. He began working on a 4500sqft mural in 1957 that was his biggest painting yet. It was a government commissioned painting for Chapultepec Castle.
He also made a multi-angular mural in Hospital de Raza that used new and modern materials. Siqueiros was not opposed to technology, and he expressed a liking for modernity. His views drew a rift between him and the government which saw to his arrest in 1960 over his public criticism of the president. He was also sued by the Jorge Negrete Theater for breach of contract too in 1958.
His arrest led to protests from artists and painters, he, however, continued painting and his works continued to sell. He was released in 1964 and immediately picked up on his work at the theater where he was on suspension.
He was the youngest of the big three but comfortably expressed his views with no fear. His Marxist influence made his views mainly communist. He participated in many artistic as well as political activities which made him both politician and muralist.
The circumstances and confusion surrounding his birth and upbringing were put to rest when a Mexican art curator came about his birth certificate in 2003. His original name was Alfaro, but he had changed his name to David when his wife called him so. She referred to him as David who was in the painting by Michelangelo.
Tags: cubism, David Siqueiros, mexico
https://muralform.com/wp-content/uploads/2017/10/David-Alfaro-Siqueiros.jpg 350 847 MuralForm Team https://muralform.com/wp-content/uploads/2014/02/muralform-logo-2-300x137.png MuralForm Team2017-10-12 16:02:592017-11-02 18:25:24David Alfaro Siqueiros
Longest Mural in the World Us, Mexico Border
Mexican Muralism
Bonampak - Temple of Murals
Artist Profile: Diego Rivera
The Biggest Mural in Pachuca, Mexico
Mike Meyer, Traditional Sign Painter
Tavar Zawacki
Mimi Choi Optical Illusion with Face Art
Patrick Tresset, Makes Art with Computer Robot Drawings
Bambi, the female Banksy
Mark Wagner Makes Art with Paper Money
Artist Spotlight: FAILE
Brittany Nicole Cox, Resurrecting Ancient Clocks
Artist Group: Pichiavo
Artist Spotlight: Blek le Rat
Fredric Harwin – Ocularist
Artist Spotlight: C215
Vantablack – The Blackest Substance on Earth
Artist Spotlight: Carolina Falkholt
australia (4) banksy (8) blu (2) brazil (4) cubism (2) denmark (2) detroit (3) Diego Rivera (3) ella & pitr (2) fresco (3) Germany (3) ghost signs (3) graffiti (35) hanksy (2) hawaii (2) hong kong (2) israel (2) italy (2) jay shells (2) london (4) los angeles (4) mexico (7) montreal (2) mural (92) mural festival (4) murals (13) new york (7) new york city (6) os gemeos (2) palestine (2) paris (7) photography (2) sales (2) shepard fairey (2) sign (20) signage (8) sign painters (5) stencil art (3) STEPS (2) street art (47) sweden (3) toronto (4) world's tallest mural (2) world cup 2014 (2) zevs (2)
MuralForm
Providing high-quality mural & sign painting services to Toronto and Ontario areas. With a team comprised of talented, experienced artists we tackle projects of all sizes; from huge exterior murals, to intimate interior murals.
Visit our portfolio to see the results we've provided for our previous clients.
707-50 Cornwall St
Toronto, ON M5A 4K5
We travel where you need us.
Our local service area includes: Toronto, Mississauga, Brampton, Vaughan, Richmond Hill, Markham, Pickering, Oakville, Milton, Halton Hills, Ajax, Whitby, Oshawa, Burlington, Hamilton, and more...
© 2018 - MuralForm
Jose Clemente Orozco Federal Arts Project

redpajama_set_name: RedPajamaCommonCrawl


text:
Improving rural health care reduces illegal logging and conserves carbon in a tropical forest
View ORCID ProfileIsabel J. Jones, View ORCID ProfileAndrew J. MacDonald, View ORCID ProfileSkylar R. Hopkins, View ORCID ProfileAndrea J. Lund, Zac Yung-Chun Liu, View ORCID ProfileNurul Ihsan Fawzi, View ORCID ProfileMahardika Putra Purba, View ORCID ProfileKatie Fankhauser, View ORCID ProfileAndrew J. Chamberlin, Monica Nirmala, Arthur G. Blundell, Ashley Emerson, Jonathan Jennings, View ORCID ProfileLynne Gaffikin, Michele Barry, View ORCID ProfileDavid Lopez-Carr, Kinari Webb, View ORCID ProfileGiulio A. De Leo, and View ORCID ProfileSusanne H. Sokolow
PNAS November 10, 2020 117 (45) 28515-28524; first published October 26, 2020; https://doi.org/10.1073/pnas.2009240117
Isabel J. Jones
aHopkins Marine Station, Department of Biology, Stanford University, Pacific Grove, CA 93950;
ORCID record for Isabel J. Jones
For correspondence: isajones@stanford.edu ssokolow@stanford.edu
Andrew J. MacDonald
bDepartment of Biology, Stanford University, Stanford, CA 94305;
cEarth Research Institute, University of California, Santa Barbara, CA 93106;
dBren School of Environmental Science and Management, University of California, Santa Barbara, CA 93106;
ORCID record for Andrew J. MacDonald
Skylar R. Hopkins
eNational Center for Ecological Analysis and Synthesis, Santa Barbara, CA 93101;
fDepartment of Applied Ecology, North Carolina State University, Raleigh, NC 27607;
ORCID record for Skylar R. Hopkins
Andrea J. Lund
gEmmett Interdisciplinary Program in Environment and Resources, Stanford University, Stanford, CA 94305;
ORCID record for Andrea J. Lund
Zac Yung-Chun Liu
Nurul Ihsan Fawzi
hAlam Sehat Lestari, Sukadana, West Kalimantan 78852, Indonesia;
ORCID record for Nurul Ihsan Fawzi
Mahardika Putra Purba
ORCID record for Mahardika Putra Purba
Katie Fankhauser
iOregon Health and Science University, School of Public Health, Portland, OR 97239;
ORCID record for Katie Fankhauser
Andrew J. Chamberlin
ORCID record for Andrew J. Chamberlin
Monica Nirmala
Arthur G. Blundell
jNatural Capital Advisors, New Orleans, LA 70115;
Ashley Emerson
kHealth In Harmony, Portland, OR 97214;
Jonathan Jennings
Lynne Gaffikin
lDepartment of Obstetrics and Gynecology, Stanford University, Stanford, CA 94305;
mCenter for Innovation in Global Health, Stanford University, Stanford, CA 94305;
ORCID record for Lynne Gaffikin
Michele Barry
David Lopez-Carr
nDepartment of Geography, University of California, Santa Barbara, CA 93117;
ORCID record for David Lopez-Carr
Kinari Webb
Giulio A. De Leo
oWoods Institute for the Environment, Stanford University, Stanford, CA 94305;
ORCID record for Giulio A. De Leo
Susanne H. Sokolow
pMarine Science Institute, University of California, Santa Barbara, CA 93106
ORCID record for Susanne H. Sokolow
Edited by Thomas E. Lovejoy, George Mason University, Fairfax, VA, and accepted by Editorial Board Member Carl Folke September 16, 2020 (received for review May 8, 2020)
Here, we show how a conservation–health care exchange in rural Borneo preserved globally important forest carbon and simultaneously improved human health and well-being, in a region of historically intense environmental destruction, widespread poverty, and unmet health needs. To evaluate this long-term conservation and health intervention, we analyzed earth observation data, clinic health records, and socioeconomic surveys to quantify conservation, health, and sustainable development outcomes simultaneously. Results demonstrate an actionable framework for aligning cross-sectoral goals and objectively quantifying intervention outcomes across both conservation and human health targets.
Tropical forest loss currently exceeds forest gain, leading to a net greenhouse gas emission that exacerbates global climate change. This has sparked scientific debate on how to achieve natural climate solutions. Central to this debate is whether sustainably managing forests and protected areas will deliver global climate mitigation benefits, while ensuring local peoples' health and well-being. Here, we evaluate the 10-y impact of a human-centered solution to achieve natural climate mitigation through reductions in illegal logging in rural Borneo: an intervention aimed at expanding health care access and use for communities living near a national park, with clinic discounts offsetting costs historically met through illegal logging. Conservation, education, and alternative livelihood programs were also offered. We hypothesized that this would lead to improved health and well-being, while also alleviating illegal logging activity within the protected forest. We estimated that 27.4 km2 of deforestation was averted in the national park over a decade (∼70% reduction in deforestation compared to a synthetic control, permuted P = 0.038). Concurrently, the intervention provided health care access to more than 28,400 unique patients, with clinic usage and patient visitation frequency highest in communities participating in the intervention. Finally, we observed a dose–response in forest change rate to intervention engagement (person-contacts with intervention activities) across communities bordering the park: The greatest logging reductions were adjacent to the most highly engaged villages. Results suggest that this community-derived solution simultaneously improved health care access for local and indigenous communities and sustainably conserved carbon stocks in a protected tropical forest.
natural climate solutions
↵1To whom correspondence may be addressed. Email: isajones{at}stanford.edu or ssokolow{at}stanford.edu.
Author contributions: I.J.J., A.J.M., S.R.H., A.J.L., Z.Y.-C.L., A.E., J.J., L.G., M.B., D.L.-C., K.W., G.A.D.L., and S.H.S. designed research; M.N., A.G.B., A.E., J.J., L.G., M.B., D.L.-C., K.W., G.A.D.L., and S.H.S. performed conceptual framing of the work; I.J.J., A.J.M., S.R.H., A.J.L., Z.Y.-C.L., N.I.F., M.P.P., K.F., K.W., and S.H.S. performed research; N.I.F., M.P.P., and A.J.C. handled acquisition of data; I.J.J., A.J.M., S.R.H., A.J.L., Z.Y.-C.L., K.F., A.J.C., and S.H.S. analyzed data; and I.J.J. and S.H.S. wrote the paper.
Competing interest statement: N.I.F., M.P.P., M.N., A.G.B., A.E., J.J., and K.W. are currently or recently employed with the nonprofit organization that contributed to intervention design, implementation, and data collection.
This article is a PNAS Direct Submission. T.E.L. is a guest editor invited by the Editorial Board.
This article contains supporting information online at https://www.pnas.org/lookup/suppl/doi:10.1073/pnas.2009240117/-/DCSupplemental.
Data and Code Availability.
Data and code have been deposited in Github (https://github.com/deleo-lab/Papers/tree/main/Jones_etal_PNAS_2020).
You are going to email the following Improving rural health care reduces illegal logging and conserves carbon in a tropical forest
Isabel J. Jones, Andrew J. MacDonald, Skylar R. Hopkins, Andrea J. Lund, Zac Yung-Chun Liu, Nurul Ihsan Fawzi, Mahardika Putra Purba, Katie Fankhauser, Andrew J. Chamberlin, Monica Nirmala, Arthur G. Blundell, Ashley Emerson, Jonathan Jennings, Lynne Gaffikin, Michele Barry, David Lopez-Carr, Kinari Webb, Giulio A. De Leo, Susanne H. Sokolow
Proceedings of the National Academy of Sciences Nov 2020, 117 (45) 28515-28524; DOI: 10.1073/pnas.2009240117


This policy was developed in accordance with the federal law No.1520FZ On personal data dated 27.07.2006 and sets out the rules for usage of personal information by Limited Liability Company UNICUM obtained from persons registered on www.24u.app or in the 24U mobile application.
24U- Limited Liability Company UNICUM, OGRN 1157746221731, TIN 7708250466, 107140, Moscow, Bolshaya Krasnoprudny deadend, 8/12, floor 0, room 2, room 1, office 2, represented by General Director Kolomin Anton Vladimirovich acting on behalf of the Charter.
Contract — any contract and/or agreement concluded with the User, the information on whom is available on the Website or in the Application.
Personal data — any information directly or indirectly referred to the User and/or third parties, the information on whom is provided by the User with the use of the Application, Website and/or authorized e-mail address.
User — any physical or legal person or private entrepreneur using the Website and Application and whom the Contract is concluded with.
Application — a software for computing machines and mobile devices, access to which is provided to the User after the registration on the Website and/or in the software itself.
24U shall collect, receive and use the Personal Data, technical and other information connected with the User and/or third parties using the Application and the Website or the information on which is provided by the User.
Technical information shall not constitute the Personnel Data, however 24U shall use the cookie files, which allow identifying the User. Cookie files are text files available for 24U, for processing of information on User activity including the information on the pages visited by the User and the time of the User's presence on the site. The User may switch off the possibility of using cookie files in the browser settings.
Other information specified by the User in the Application, on the Website and/or provided by 24U with the use of the authorized e-mail address.
The User shall give its consent to 24U for processing of the Personal data including for transfer of such Personal Data to third parties even when such transfer is made to the territory of other countries (transborder transfer).
The User shall agree for receipt of newsletters and advertising materials from 24U or from other persons on behalf of 24U, to the e-mail address and contact phone number specified by the User during registration on the Website or in the App.
Satisfying the requirements of the Russian legislation.
24U shall take all the necessary and sufficient legal, organizational and technical measures to protect the information provided by the Users, from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as other unauthorized actions of third bodies, by restricting the access to such information for other users of the Website, employees and partners of 24U, third parties (with respect to provision 24U with the information required to fulfil obligations to the User as well as the requirements of the Russian legislation) as well as imposing sanctions on such persons for the breach of Privacy with respect to such data.
24U shall take the technical and organizational measures on providing the User with the possibility to obtain access to the information provided by him/her, and edit such information.
24U shall be entitled to provide the information on Users to law enforcement authorities or the governmental agencies within the legal proceeding or within the framework of an investigation based on a court decision, enforceable request or in the collaborative manner as well as in other cases provided for by the Russian legislation.
24U shall be entitled to provide the information on the Users to third parties for the detection and suppression of fraud, elimination of technical faults or safety problems.
Consent to receipt of newsletters and advertising materials may be withdrawn by the User in any time by sending the respective notification to 24U in the same way.


text:
import logging
import mimetypes
import os
import pathlib
from typing import Callable, Iterable, Optional, Tuple

from pip._internal.models.candidate import InstallationCandidate
from pip._internal.models.link import Link
from pip._internal.utils.urls import path_to_url, url_to_path
from pip._internal.vcs import is_url

logger = logging.getLogger(__name__)

FoundCandidates = Iterable[InstallationCandidate]
FoundLinks = Iterable[Link]
CandidatesFromPage = Callable[[Link], Iterable[InstallationCandidate]]
PageValidator = Callable[[Link], bool]

class LinkSource:
    @property
    def link(self) -> Optional[Link]:
        """Returns the underlying link, if there's one."""
        raise NotImplementedError()

    def page_candidates(self) -> FoundCandidates:
        """Candidates found by parsing an archive listing HTML file."""
        raise NotImplementedError()

    def file_links(self) -> FoundLinks:
        """Links found by specifying archives directly."""
        raise NotImplementedError()

def _is_html_file(file_url: str) -> bool:
    return mimetypes.guess_type(file_url, strict=False)[0] == "text/html"

class _FlatDirectorySource(LinkSource):
    """Link source specified by ``--find-links=<path-to-dir>``.

    This looks the content of the directory, and returns:

    * ``page_candidates``: Links listed on each HTML file in the directory.
    * ``file_candidates``: Archives in the directory.
    """

    def __init__(
        self,
        candidates_from_page: CandidatesFromPage,
        path: str,
    ) -> None:
        self._candidates_from_page = candidates_from_page
        self._path = pathlib.Path(os.path.realpath(path))

    @property
    def link(self) -> Optional[Link]:
        return None

    def page_candidates(self) -> FoundCandidates:
        for path in self._path.iterdir():
            url = path_to_url(str(path))
            if not _is_html_file(url):
                continue
            yield from self._candidates_from_page(Link(url))

    def file_links(self) -> FoundLinks:
        for path in self._path.iterdir():
            url = path_to_url(str(path))
            if _is_html_file(url):
                continue
            yield Link(url)

class _LocalFileSource(LinkSource):
    """``--find-links=<path-or-url>`` or ``--[extra-]index-url=<path-or-url>``.

    If a URL is supplied, it must be a ``file:`` URL. If a path is supplied to
    the option, it is converted to a URL first. This returns:

    * ``page_candidates``: Links listed on an HTML file.
    * ``file_candidates``: The non-HTML file.
    """

    def __init__(
        self,
        candidates_from_page: CandidatesFromPage,
        link: Link,
    ) -> None:
        self._candidates_from_page = candidates_from_page
        self._link = link

    @property
    def link(self) -> Optional[Link]:
        return self._link

    def page_candidates(self) -> FoundCandidates:
        if not _is_html_file(self._link.url):
            return
        yield from self._candidates_from_page(self._link)

    def file_links(self) -> FoundLinks:
        if _is_html_file(self._link.url):
            return
        yield self._link

class _RemoteFileSource(LinkSource):
    """``--find-links=<url>`` or ``--[extra-]index-url=<url>``.

    This returns:

    * ``page_candidates``: Links listed on an HTML file.
    * ``file_candidates``: The non-HTML file.
    """

    def __init__(
        self,
        candidates_from_page: CandidatesFromPage,
        page_validator: PageValidator,
        link: Link,
    ) -> None:
        self._candidates_from_page = candidates_from_page
        self._page_validator = page_validator
        self._link = link

    @property
    def link(self) -> Optional[Link]:
        return self._link

    def page_candidates(self) -> FoundCandidates:
        if not self._page_validator(self._link):
            return
        yield from self._candidates_from_page(self._link)

    def file_links(self) -> FoundLinks:
        yield self._link

class _IndexDirectorySource(LinkSource):
    """``--[extra-]index-url=<path-to-directory>``.

    This is treated like a remote URL; ``candidates_from_page`` contains logic
    for this by appending ``index.html`` to the link.
    """

    def __init__(
        self,
        candidates_from_page: CandidatesFromPage,
        link: Link,
    ) -> None:
        self._candidates_from_page = candidates_from_page
        self._link = link

    @property
    def link(self) -> Optional[Link]:
        return self._link

    def page_candidates(self) -> FoundCandidates:
        yield from self._candidates_from_page(self._link)

    def file_links(self) -> FoundLinks:
        return ()

def build_source(
    location: str,
    *,
    candidates_from_page: CandidatesFromPage,
    page_validator: PageValidator,
    expand_dir: bool,
    cache_link_parsing: bool,
) -> Tuple[Optional[str], Optional[LinkSource]]:

    path: Optional[str] = None
    url: Optional[str] = None
    if os.path.exists(location):  # Is a local path.
        url = path_to_url(location)
        path = location
    elif location.startswith("file:"):  # A file: URL.
        url = location
        path = url_to_path(location)
    elif is_url(location):
        url = location

    if url is None:
        msg = (
            "Location '%s' is ignored: "
            "it is either a non-existing path or lacks a specific scheme."
        )
        logger.warning(msg, location)
        return (None, None)

    if path is None:
        source: LinkSource = _RemoteFileSource(
            candidates_from_page=candidates_from_page,
            page_validator=page_validator,
            link=Link(url, cache_link_parsing=cache_link_parsing),
        )
        return (url, source)

    if os.path.isdir(path):
        if expand_dir:
            source = _FlatDirectorySource(
                candidates_from_page=candidates_from_page,
                path=path,
            )
        else:
            source = _IndexDirectorySource(
                candidates_from_page=candidates_from_page,
                link=Link(url, cache_link_parsing=cache_link_parsing),
            )
        return (url, source)
    elif os.path.isfile(path):
        source = _LocalFileSource(
            candidates_from_page=candidates_from_page,
            link=Link(url, cache_link_parsing=cache_link_parsing),
        )
        return (url, source)
    logger.warning(
        "Location '%s' is ignored: it is neither a file nor a directory.",
        location,
    )
    return (url, None)

redpajama_set_name: RedPajamaGithub


text:
Microsoft president receives outstanding cross border leadership award
Brad Smith has been a key leader in the Cascadia Innovation Corridor efforts.
Thursday, August 2, 2018 8:30am
President of Microsoft, Brad Smith, recently received the outstanding cross border leadership award.
"During these trying times in US-Canada relations, Brad has been a shining beacon of inspiration and hope on both sides of the border," Senator Arnie Roblan (OR), PNWER President, said on stage in front of 350 US-Canada legislators and business leaders during the Pacific NorthWest Economic Region's (PNWER) 2018 Annual Summit in Spokane, WA.
Every year, one private sector individual from business or industry is selected to receive PNWER's Alan Bluechel Award. Named after PNWER's founder, the award recognizes exceptional leadership in building cross-border relations and trust.
Smith spoke at the 2017 PNWER Summit about Canadian and United States interests and the Cascadia Innovation Corridor and university partnerships. This award is presented to individuals who go above and beyond their own corporate interests in building relationships across the US-Canada border.
In this past year, Smith was a key leader in the Cascadia Innovation Corridor efforts. He was instrumental in re-establishing the harbor-to-harbour air service between Vancouver's Coal Harbor and Seattle's Lake Union.
Nicknamed the "Nerd Bird," this air service allows people to easily travel between Seattle and Vancouver in about an hour, maximizing their productivity. As President of Microsoft, Smith has partnered with governments and stakeholders to study the potential benefits that high speed rail could bring to the Pacific Northwest. Microsoft leads the way as the only private sector organization to contribute to the High Speed Rail feasibility analysis.
Smith also called to plan for the 100th Anniversary of the Peace Arch in 2021 and his leadership is contributing to the strong ties between the two nations.
The award was accepted by Irene Plenefisch, Director, Government Affairs for Microsoft, at our plenary session on July 24.
AG Ferguson sues Trump administration for giving dangerous people access to 3-D printed firearms
New Hopelink facility to open in Redmond
King County jail's leaky pipes have national implications
Lawsuit filed in King County Superior Court alleges Aquatherm has been selling faulty pipes.
Thieves brandish gun, make off with $100 in Safeway groceries
Suspects drove off in a white Honda CRV.
Eastsiders gather for Lights for Liberty Vigil to protest the inhumane conditions faced by migrants
Redmond was one out of the 46 vigils held across Washington state.
Three candidates aim to fill an open seat on the Lake Washington School Board
Siri Bliesner, John Towers and Susan Wilkins compete for Lake Washington School District Director District 5 position.
Renton man killed in head-on crash along Redmond-Fall City Road
The driver's name has not been released.
PSE's battery storage project could help the clean energy roll-out
The tiny pilot project in Glacier could eventually be expanded.
WA's new voting system concerns county elections officials
VoteWA has run into some problems in recent months as the Aug. 6 primary election draws closer.
Early wake-up call: Twin quakes under Monroe rattle region
Thousands of people felt them. They were magnitude 4.6 and 3.5 and hit minutes apart.
King County Sheriff's Office has been giving ICE unredacted information
Both the office and jail have supplied the Immigration and Customs Enforcement agency.
Meet the candidates for Redmond council Pos. 7
There are four people running for the position.
Redmond investment advisor sentenced to five years for wire fraud, falsifying records
He will also pay back more than $4 million in restitution.
'Feedback loops' of methane, CO2 echo environmental problem beyond Washington
University of Washington among researchers of climate change's effects in global temperatures.


text:
Le XII. Fliegerkorps (12e Corps aérien) a été l'un des principaux Corps de la Luftwaffe allemande durant la Seconde Guerre mondiale.

Création et différentes dénominations

Il est formé le  à Zeist, à partir de la Stab de la I. Jagdkorps.

Commandement

Chef d'état-major

Quartier Général
Le Quartier Général se déplace suivant l'avancement du front.

Rattachement

Unités subordonnées
 1. Jagd-Division
 2. Jagd-Division
 3. Jagd-Division
 4. Jagd-Division
 5. Jagd-Division
 Jagdfliegerführer Süddeutschland
 Flakscheinwerfer-Division 1
 Flakscheinwerfer-Division 2
 Luftnachrichten-Regiment 201
 Luftnachrichten-Regiment 202
 Luftnachrichten-Regiment 203

Références
Notes

Références
  XII. Fliegerkorps @ Lexikon der Wehrmacht
  XII. Fliegerkorps @ La Luftwaffe, 1933-1945
Sources

Luftwaffe

redpajama_set_name: RedPajamaWikipedia


text:
Justia Dockets & Filings Tenth Circuit Oklahoma Northern District Langkamp v. Mayes Emergency Services Trust Authority Filing 31
Langkamp v. Mayes Emergency Services Trust Authority
OPINION AND ORDER by Judge Claire V Eagan ; setting/resetting deadline(s)/hearing(s): ( Miscellaneous Deadline set for 3/10/2017); terminating party Rick Langkamp (an individual) ; granting in part and denying in part 13 Motion to Dismiss; granting 25 Motion to Amend; denying 26 Motion to Stay (Re: 2 Complaint ) (RGG, Chambers)
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA RICK LANGKAMP and DARLA LANGKAMP, Plaintiffs, v. MAYES EMERGENCY SERVICES TRUST AUTHORITY and JOHN DOES 1-15, Board Members and Employees, Agents and Representatives of the Mayes Emergency Services Trust Authority, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 16-CV-0676-CVE-FHM OPINION AND ORDER Now before the Court are defendant Mayes Emergency Services Trust Authority's (MESTA) motion to dismiss (Dkt. # 13), plaintiffs' motion to amend (Dkt. # 25), and plaintiffs' motion to stay (Dkt. # 26). MESTA asks the Court to dismiss plaintiffs' claims, pursuant to Federal Rule of Civil Procedure 12(b), for lack of subject matter jurisdiction and failure to state a claim upon which relief may be granted. Dkt. # 13, at 7. Plaintiffs respond that the Court has subject matter jurisdiction and that the complaint satisfies federal pleading requirements. Dkt. # 18, at 15.1 Plaintiffs ask the Court for leave to amend their complaint to assert a discrimination claim against non-party Mayes County Board of County Commissioners (MCBCC). Dkt. # 25, at 1. Plaintiffs also ask the Court to stay this 1 In response to MESTA's motion to dismiss, plaintiffs' counsel filed two responses (Dkt. ## 18, 19), one for each plaintiff. The two responses are identical. To avoid needlessly repetitious citations, the Court will cite to Dkt. # 18 as the response of both plaintiffs. suit until their proceedings before the Equal Employment Opportunity Commission (EEOC) have concluded. Dkt. # 26, at 1. I. Plaintiffs Rick Langkamp and Darla Langkamp, a married couple, filed this action in the Northern District of Oklahoma against MESTA and John Does 1-15, alleged board members and employees, agents, and representatives of MESTA. Dkt. # 2. MESTA is a public trust, organized under Oklahoma law, that provides ambulance service for Mayes County, Oklahoma. Id. at 1, 3. Ms. Langkamp has worked for MESTA as a secretary since 2005. Id. at 3. From 2003 until June 14, 2016, Mr. Langkamp was the executive director of MESTA. Id. In 2014, Mr. Langkamp sued MESTA and several members of MESTA's board of trustees in the District Court of Mayes County, State of Oklahoma for defamation, false light, intentional infliction of emotional distress, civil conspiracy, and negligence (Langkamp I). Dkt. # 13-1. On February 18, 2016, Mr. Langkamp dismissed with prejudice his claims against MESTA in Langkamp I. Dkt. # 13-3, at 1. On March 8, 2016, MESTA held a public board meeting, during which the board elected Trent Peper as chairman of the board. Dkt. # 2, at 3. Plaintiffs allege that when Mr. Peper was previously chairman he frequently called Ms. Langkamp and other female MESTA employees "demeaning" names such as "sweetie" and "honey." Id. at 3-4. Plaintiffs also assert that Mr. Peper "inappropriately touched Ms. Langkamp's shoulders." Id. at 4. Ms. Langkamp spoke during the public comment portion of the board meeting in which Mr. Peper was elected chairman. Id. Plaintiffs allege that Ms. Langkamp said, "I will not be putting up with that type of pet name calling that went on the last time this person was in this position." Id. Plaintiffs assert that Ms. Langkamp told the 2 board she had previously informed two MESTA attorneys about Mr. Peper's conduct and that nothing had changed. Id. at 4-5. Plaintiffs also assert that Ms. Langkamp concluded her comments by telling everyone at the meeting, "You are my witnesses and I will not be putting up with it again." Id. Plaintiffs allege that after the board meeting, several board members, including Mr. Peper, and MESTA's in-house counsel met in a hallway and had a "very loud conversation" that was overheard by another MESTA employee. Id. at 5. Plaintiffs assert that one of the board members said, "If [Ms. Langkamp] thinks I'm mean now, wait until I get on the other side of the board." Id. On June 14, 2016, MESTA fired Mr. Langkamp. Id. at 7. Plaintiffs allege that as a result of Ms. Langkamp's speech at the board meeting, MESTA retaliated against her by limiting the duties of her position and refusing to provide pay raises as they came due. Id. at 11. Plaintiffs also allege that MESTA retaliated against Mr. Langkamp for "witnessing, investigating, and otherwise participating in Ms. Langkamp's charge of discrimination" by, inter alia, firing Mr. Langkamp. Id. at 6. On June 14, 2016, Mr. Langkamp brought a second suit against MESTA and several board members in the District Court of Mayes County, State of Oklahoma for claims arising out of MESTA's firing of Mr. Langkamp and the events leading up to his dismissal (Langkamp II). Dkt. # 13-4. On July 22, 2016, MESTA filed a motion to dismiss the claims against it for failure to state a claim. Dkt. # 24-1. On August 15, 2016, Mr. Langkamp filed an amended petition, alleging claims against MESTA for violation of Mr. Langkamp's rights under the Oklahoma Constitution, breach of contract, and negligence. Dkt. # 13-5. On August 26, 2016, MESTA renewed its motion to dismiss (Dkt. # 24-3), which the state court granted on October 24, 2016. Dkt. # 13-6. On November 3, 2016, Mr. Langkamp moved for clarification, or alternatively for a new trial or rehearing, 3 regarding the court's order. Dkt. # 18-4. The state court denied Mr. Langkamp's motion on November 22, 2016. Plaintiffs filed suit in this Court on November 7, 2016. Dkt. # 2. Ms. Langkamp alleges free speech retaliation in violation of 42 U.S.C. § 1983, retaliation in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., and common law negligence. Id. at 9-12, 14. Mr. Langkamp alleges retaliation in violation of Title VII. Id. at 12-13. II. In considering a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), a court must determine whether the claimant has stated a claim upon which relief may be granted. A motion to dismiss is properly granted when a complaint provides no "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). A complaint must contain enough "facts to state a claim to relief that is plausible on its face" and the factual allegations "must be enough to raise a right to relief above the speculative level." Id. (citations omitted). "Once a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint." Id. at 562. Although decided within an antitrust context, Twombly "expounded the pleading standard for all civil actions." Ashcroft v. Iqbal, 556 U.S. 662, 683 (2009). For the purpose of making the dismissal determination, a court must accept all the well-pleaded allegations of the complaint as true, even if doubtful in fact, and must construe the allegations in the light most favorable to a claimant. Twombly, 550 U.S. at 555; Alvarado v. KOB-TV, L.L.C., 493 F.3d 1210, 1215 (10th Cir. 2007); Moffett v. Halliburton Energy Servs., Inc., 291 F.3d 1227, 1231 (10th Cir. 2002). However, a court need not accept as true those allegations that are conclusory in nature. Erikson v. Pawnee Cnty. Bd. of Cnty. Comm'rs, 263 F.3d 1151, 1154-55 (10th Cir. 2001). "[C]onclusory allegations without 4 supporting factual averments are insufficient to state a claim upon which relief can be based." Hall v. Bellmon, 935 F.2d 1106, 1109-10 (10th Cir. 1991). Finally, "the 12(b)(6) standard does not require that [p]laintiff establish a prima facie case in her complaint, [but] the elements of each alleged cause of action help to determine whether [p]laintiff has set forth a plausible claim." Khalik v. United Air Lines, 671 F.3d 1188, 1192 (10th Cir. 2012) (citations omitted). The parties ask the Court to take judicial notice of several pleadings filed in Langkamp I and Langkamp II. Dkt. # 13, at 12-13; Dkt. # 18, at 16-17. "[F]acts subject to judicial notice may be considered in a [Rule 12] motion without converting the motion to dismiss into a motion for summary judgment." Tal v. Hogan, 453 F.3d 1244, 1264 n.24 (10th Cir. 2006). A court may take judicial notice of "matters that are verifiable with certainty." St. Louis Baptist Temple, Inc. v. FDIC, 605 F.2d 1169, 1172 (10th Cir. 1979). Such matters include public records. Id.; see also Tal, 453 F.3d at 1264. The state court pleadings offered by each party are a matter of public record, and the court can thus take judicial notice of the pleadings. See St. Louis Baptist Temple, Inc., 605 F.2d at 1172 ("[F]ederal courts, in appropriate circumstances, may take notice of proceedings in other courts, both within and without the federal judicial system, if those proceedings have a direct relation to matters at issue."). Therefore, the Court will take judicial notice of docket numbers 13-1 to 13-9, 18-3 to 18-7, and 24-1 to 24-5, and doing so does not require the Court to convert plaintiff's motion pursuant to Rule 12(d). However, the Court can find no basis for taking judicial notice of a "transcript" of an overheard conversation, emails between plaintiffs' lawyer and defense counsel, or a document given to Ms. Langkamp by MESTA. Thus, the Court refuses to take judicial notice of docket numbers 18-1, 18-2, and 18-8, and will exclude those documents from consideration under Rule 12(d). 5 III. MESTA argues that Ms. Langkamp's retaliation claims under 42 U.S.C. § 1983 and Title VII both fail because Ms. Langkamp has not alleged that she suffered an adverse employment action.2 Dkt. # 13, at 14-22. A plaintiff must establish that she suffered an adverse employment action to sustain either a First Amendment retaliation claim or a Title VII retaliation claim. See Couch v. Bd. of Trs. of Mem's Hosp. of Carbon Cnty., 587 F.3d 1223, 1236 (10th Cir. 2009) (First Amendment); Annett v. Univ. of Kan., 371 F.3d 1233, 1237 (10th Cir. 2004) (Title VII). There has been some confusion in the Tenth Circuit as to what qualifies as an adverse employment action in the context of First Amendment retaliation. See Hook v. Regents of Univ. of Cal., 394 F. App'x 522, 534-35 (10th Cir. 2010).3 In [Couch v. Board of Trustees of Memorial Hospital of Carbon County, 587 F.3d 1223, 1236 (10th Cir. 2009)], [the Tenth Circuit] clarified the parameters of First Amendment retaliation protection, explaining that [it] consider[s] an employment action to be adverse in the First Amendment retaliation setting if it 'would deter a reasonable person from exercising his First Amendment rights.' 587 F.3d at 1238 (quotation, citation, and alteration omitted). This test is identical to the test which is applied in Title VII retaliation claims. See Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006). Hook, 394 F. App'x at 535; see also Gerald v. Locksley, 785 F. Supp. 2d 1074, 1103 & n.3 (D.N.M. 2011) (explaining the adverse employment action standards in the Tenth Circuit). As the Tenth 2 MESTA also argues that plaintiff has failed to state a claim for discrimination under Title VII or restriction of free speech in violation of § 1983. Dkt. # 13, at 14-22. However, plaintiffs assert that Ms. Langkamp's Title VII and § 1983 claims are retaliation claims and that Ms. Langkamp is not alleging a Title VII discrimination or restriction of free speech claim. Dkt. # 18, at 17, 28. Thus, the Court need not address MESTA's arguments on discrimination or restriction of free speech because Ms. Langkamp is asserting no such claims. 3 This and all other unpublished opinions are not precedential, but they may be cited for their persuasive value. See Fed. R. App. 32.1; 10th Cir. R. 32.1. 6 Circuit has held that the standards are the same, the Court will analyze both Ms. Langkamp's § 1983 and Title VII retaliation claims under the same adverse employment action standard. Whether an employment action is adverse should be evaluated on a case-by-case basis. Stover v. Martinez, 382 F.3d 1064, 1071 (10th Cir. 2004). Courts should liberally construe the phrase adverse employment action. Gunnell v. v. Utah Valley State Coll., 152 F.3d 1253, 1264 (10th Cir. 1998); see also Hillig v. Rumsfeld, 381 F.3d 1028, 1033 (10th Cir. 2004). "Such actions are not simply limited to monetary losses in the form of wages or benefits." Stinnett v. Safeway, Inc., 337 F.3d 1213, 1217 (10th Cir. 2003); see also Gunnell, 152 F.3d at 1264 (holding that co-worker hostility or retaliatory harassment could constitute an adverse employment action). However, "'a mere inconvenience or an alteration of job responsibilities' is not an adverse employment action." Hillig, 381 F.3d at 1031 (quoting Berry v. Stevinson Chevrolet, 74 F.3d 980, 986-87 (10th Cir. 1996)). "An adverse employment action constitutes 'a significant change in employment status, such as hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.'" Id. (quoting Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 761 (1998)). Here, Ms. Langkamp asserts in the complaint that she has suffered a "restriction of job duties and refusal to provide raises as they came due." Dkt. # 2, at 11. Construing these allegations in the light most favorable to Ms. Langkamp, they are enough to plausibly set forth that she has suffered an adverse employment action. An adverse employment action may have occurred when an employee "receives less pay, has less responsibility, or is required to utilize a lesser degree of skill" due to retaliatory action. See Stinnett, 337 F.3d at 1217 (quoting Hooks v. Diamond Crystal Specialty Foods, Inc., 997 F.2d 793, 799 (10th Cir. 1993)). Ms. Langkamp alleges that she has 7 suffered pecuniary losses and a reduction of responsibility at the hands of MESTA due to her speech. Thus, Ms. Langkamp has adequately pled an adverse employment action, and MESTA's motion to dismiss should be denied as to Ms. Langkamp's Title VII and First Amendment retaliation claims. IV. MESTA argues that Ms. Langkamp's negligence claim fails to state a claim for negligence under Oklahoma law and is barred by the Oklahoma Governmental Tort Claims Act, Okla. Stat. tit. 51, § 151-172 (OGTCA). Dkt. # 13, at 22. The OGTCA is the exclusive remedy for an injured plaintiff to recover against a governmental entity in tort. Tuffy's Inc. v. City of Okla. City, 212 P.3d 1158, 1163 (Okla. 2009). The OGTCA adopts the doctrine of sovereign immunity and sets out the specific circumstances under which the state waives its immunity and that of its political subdivisions. Okla. Stat. tit. 51, § 152.1; see also Smith v. City of Stillwater, 328 P.3d 1192, 1198 (Okla. 2014). The OGTCA states that the state or a political subdivision shall be liable for loss resulting from its torts or the torts of its employees acting within the scope of their employment in situations where a private person or entity would be liable for money damages under Oklahoma law. Okla. Stat. tit. 51, § 153; see also Anderson v. Eichner, 890 P.2d 1329, 1336 (Okla. 1994). However, the OGTCA sets out a list of specific acts for which sovereign immunity is not waived, including "[p]erformance of or the failure to exercise or perform any act or service which is in the discretion of the state or political subdivision or its employees." Okla. Stat. tit. 51, § 155(5). The Oklahoma Supreme Court has explained that § 155(5) should be narrowly interpreted because "[a]lmost all acts of government employees involve some element of choice and judgment." State ex rel. Okla. Dep't of Pub. Safety v. Gurich, 238 P.3d 1, 3 (Okla. 2010) (quoting Nguyen v. State, 788 P.2d 962, 964 8 (Okla. 1990)). "Therefore, 'the government retains its immunity with respect to formulation of policy, but is subject to liability for routine decisions and daily implementation of the policy or planning level decisions.'" Smith, 328 P.3d at 1198 (quoting Gurich, 238 P.3d at 3). MESTA argues that Ms. Langkamp's negligence claim is barred by the discretionary function exemption of § 155(5). Dkt. # 13, at 23. Ms. Langkamp alleges that MESTA failed to "sufficiently and properly hire, train, supervise, monitor, and retain its employees." Dkt. # 2, at 14. The Oklahoma Supreme Court has not addressed the question of whether a political entity's failure to hire, train, supervise, monitor, and/or retain its employees falls under the § 155(5) discretionary function exception. See Houston v. Indep. Sch. Dist. No. 89 of Okla. Cnty., 949 F. Supp. 2d 1104, 1108 (W.D. Okla. 2013) (finding no controlling decision regarding the applicability of the discretionary function exception to a similar negligence claim). Nonetheless, the clear weight of authority supports finding that hiring, training, supervision, monitoring, and retention are actions that implicate a political entity's policy and planning functions and therefore fall under the discretionary function exemption of § 155(5). See Johnson v. Indep. Sch. Dist. No. 89 of Okla. Cnty., No. CIV-15-680-D, 2016 WL 1270266, at *8 (W.D. Okla. Mar. 31, 2016) (negligent supervision); Burris v. Okla. ex rel. Okla. Dep't of Corrections, No. CIV-13-867-D, 2014 WL 442154, at *9 (W.D. Okla. Feb. 4, 2014) (negligent hiring, training, supervision, and retention); Seals v. Jones, No. 12-DV-569-JED-TLW, 2013 WL 5408004, at *4 (N.D. Okla. Sept. 25, 2013) (negligent hiring and retention); Houston, 949 F. Supp. 2d at 1109 (negligent supervision and retention); Fumi v. Bd. of Conty. Comm'rs of Rogers Cnty., No. 10-CV-769-TCK-PJC, 2011 WL 4608296, at *6 (N.D. Okla. Oct. 3, 2011) (negligent training and supervision); Burns v. Holcombe, No. 09-CV-152-JHP, 2010 WL 2756954, at *15 (E.D. Okla. July 12, 2010) (negligent hiring, 9 training, and supervision); Jackson v. Okla. City Pub. Schs., 333 P.3d 975, 979 (Okla. Civ. App. 2014) (negligent hiring, training, and supervision). Therefore, Ms. Langkamp's claim that MESTA failed to "sufficiently and properly hire, train, supervise, monitor, and retain its employees" is barred by the OGTCA's discretionary function exception. MESTA also argues that Ms. Langkamp fails to assert a claim for negligence because she asserts only mental anguish damages. Dkt. # 13, at 26. Ms. Langkamp asserts that as a result of MESTA's negligence, she "sustained significant personal injuries including fear of the future, emotional distress, and degradation/humiliation." Dkt. # 2, at 14. Under Oklahoma law, negligent infliction of emotional distress is not an independent tort, but a version of the tort of negligence. Kraszewski v. Baptist Med. Ctr. of Okla., Inc., 916 P.2d 241, 243 n.1 (Okla. 1996). Thus, "the traditional elements of duty, breach of duty, causation, and damages apply." Wilson v. Muckala, 303 F.3d 1207, 1213 (10th Cir. 2002) (applying Oklahoma law) (citing Kraszewski, 916 P.2d at 245). Oklahoma courts do not permit recovery for mental pain and anguish unless it is caused by physical suffering or the mental anguish inflicts physical suffering. Ellington v. Coca Cola Bottling Co. of Tulsa, Inc., 717 P.2d 109, 110 (Okla. 1986) ("[T]he plaintiff may recover for mental anguish where it is caused by physical suffering and may also recover for mental anguish which inflicts physical suffering."); see also Wilson, 303 F.3d at 1213 ("In Oklahoma, damages for mental anguish are recoverable only if they are produced by, connected with or the result of physical suffering or injury to the person enduring the mental anguish."); St. Louis S.F. Ry. Co. v. Keifler, 150 P. 1026, 1028 (Okla. 1915) ("[I]t is the law of Oklahoma that no recovery can be had for mental suffering, which is not produced by, connected with, or the result of physical suffering or injury, to the person enduring the mental anguish."). Plaintiff asserts only mental anguish damages with no 10 accompanying physical suffering. Therefore, plaintiff has failed to state a negligence claim under Oklahoma law. V. MESTA argues that Mr. Langkamp's Title VII retaliation claim is barred by the doctrines of res judicata and claim splitting. Dkt. # 13, at 29-36. To determine the preclusive effect of Langkamp I and Langkamp II on this suit, the Court must look to Oklahoma law on res judicata. See Marrese v. Am. Acad. of Orthopaedic Surgeons, 470 U.S. 373, 380 (1985) ("It has long been established that [28 U.S.C.] § 1738 does not allow federal courts to employ their own rules of res judicata in determining the effect of state judgments. Rather, it goes beyond the common law and commands a federal court to accept the rules chosen by the State from which the judgment is taken."); see also Pittsburg Cnty. Rural Water Dist. No. 7 v. City of McAlester, 358 F.3d 694 (10th Cir. 2004) ("We apply Oklahoma state law to determine the preclusive effect, if any, of the Pittsburg County and Oklahoma proceedings on this federal court action.") (citing McFarland v. Childers, 212 F.3d 1178, 1185 (10th Cir. 2000)). Under the doctrine of res judicata, "a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action." Pan. Processes, S.A. v. Cities Serv. Co., 796 P.2d 276, 283 n.27 (Okla. 1990) (emphasis omitted). Thus, for a prior judgment to preclude Mr. Langkamp's claim in this suit, four requirements must be met: (1) the prior judgment was final; (2) the prior judgment was on the merits; (3) the prior action involved the same parties or their privies; and (4) the issues raised in the current action were 11 litigated in the prior action or could have been raised in that action. See Dearing v. State ex rel. Comm'rs of Land Office, 808 P.2d 661, 664-65 (Okla. 1991). Langkamp I has no preclusive effect on this case. In Langkamp I, Mr. Langkamp alleged that certain MESTA board members and Mayes County employees defamed him and were impermissibly seizing control of MESTA operations. Dkt. # 13-1, at 3-5; Dkt. # 13-2, at 3-7. Mr. Langkamp voluntarily dismissed Langkamp I with prejudice on February 18, 2016. Dkt. # 13-3, at 1. Mr. Langkamp's Title VII claim alleges that MESTA retaliated against him for helping Ms. Langkamp in reporting sexual harassment and filing a complaint with the EEOC for discrimination. Dkt. # 2, at 12. Langkamp I and Mr. Langkamp's current Title VII claim are related in that they involve many of the same people and Mr. Langkamp's allegations in both generally arise out of the same hostile situation. However, Langkamp I has nothing to do with Ms. Langkamp, her sexual harassment allegations, retaliation, or Mr. Langkamp's termination from MESTA. Moreover, Mr. Langkamp's retaliation claim could not have been brought in Langkamp I because the factual basis for the claim had not yet occurred. Mr. Langkamp's alleged protected activities and MESTA's alleged retaliation all occurred on or after Ms. Langkamp spoke at the public board meeting on March 8, 2016, weeks after Langkamp I was dismissed. Therefore, the issues in Mr. Langkamp's Title VII claim were not litigated in Langkamp I, nor could they have been raised in that suit. What, if any, preclusive effect Langkamp II has on Mr. Langkamp's current Title VII retaliation claim is a more complicated matter. It is uncontested that Mr. Langkamp and MESTA were parties to Langkamp II, and that the judgment in Langkamp II was final. But Mr. Langkamp argues that Langkamp II was not decided on the merits, that his Title VII claim was not litigated, 12 and that he could not have brought his Title VII claim in Langkamp II because he did not yet have a right to sue letter from the EEOC. Dkt. # 18, at 35-40. Mr. Langkamp's amended petition in Langkamp II asserted claims against MESTA for violating his due process rights under the Oklahoma Constitution by firing him without all board seats filled, breach of contract stemming from MESTA's alleged refusal to fill two vacant board seats, and negligence for "failing to adequately and properly hire, train, supervise, monitor, and retain its employees." Id. at 11-16. Mr. Langkamp also asserted causes of action against individual board members for intentional infliction of emotional distress and civil conspiracy, and asked the court to remove certain members from the board of trustees. Id. at 16-20. In its motion to dismiss the amended petition, MESTA argued that Mr. Langkamp failed to state a claim against it because (1) MESTA's trust indenture allowed it to act with fewer than the full eleven-member board as long as a majority of the board acted; (2) Mr. Langkamp was an at-will employee; (3) Mr. Langkamp's negligence claim was barred by the OGTCA; (4) MESTA does not have the authority under Oklahoma law to remove trustees; (5) the OGTCA barred Mr. Langkamp's claim for punitive damages; and (6) some of Mr. Langkamp's claims were barred by res judicata. Dkt. # 24-3. When the state court dismissed Langkamp II, it stated that it did so after "carefully consider[ing]" MESTA's motion to dismiss. Dkt. # 13-6. Mr. Langkamp moved for clarification (Dkt. # 18-4), but the state court denied his motion, reiterating that it dismissed his case on the basis of MESTA's motion to dismiss. Dkt. # 13-7. "'A judgment on the merits' is one that disposes of 'the real or substantial grounds of action or defense as distinguished from matters of practice, procedure or form.'" Points v. Okla. Pub. Co., 672 P.2d 1146, 1147 n.3 (Okla. 1983) (quoting Flick v. Crouch, 434 P.2d 256, 261 (Okla. 1967)). 13 The state court did not expound upon its reasons for dismissing Langkamp II, but it clearly stated that it was doing so on the basis of MESTA's motion to dismiss. In its motion to dismiss, MESTA's arguments were addressed solely to the substance of Mr. Langkamp's claims. None of MESTA's arguments relied on procedural or technical issues. Thus, the state court's order dismissing Mr. Langkamp's case must have been on the merits. As the Oklahoma Supreme Court has noted, often the most difficult aspect of applying claim preclusion is defining the term "claim." Miller v. Miller, 956 P.2d 887, 987 (Okla. 1998). Under Oklahoma law, what is a claim is determined by the underlying transaction, not the specific theory of liability asserted. See Retherford v. Halliburton Co., 572 P.2d 966, 969 (Okla. 1977) ("[T]his jurisdiction is committed to the wrongful act or transactional definition of 'cause of action.' Thus, no matter now many 'rights' of a potential plaintiff are violated in the course of a single wrong or occurrence, damages flowing therefrom must be sought in one suit or stand barred by the prior adjudication."). Here, both Langkamp II and Mr. Langkamp's Title VII claim arise, at least in part, from the same transaction – his termination from MESTA. In Langkamp II, Mr. Langkamp alleged that MESTA violated his due process rights under the Oklahoma Constitution and breached MESTA's trust indenture when Mr. Langkamp was fired by a board with two vacant seats. In his Title VII claim, Mr. Langkamp alleges that MESTA retaliated against him for assisting his wife in reporting sexual harassment by, inter alia, firing him from his position as executive director of MESTA. Moreover, Mr. Langkamp asserted in his amended petition the following: "[Mr. Langkamp], a witness to Ms. Langkamp's complaints of sexual harassment, commenced his charge of discrimination process with the EEOC on June 2, 2016. [Mr. Langkamp] alleges inter alia that he was retaliated against because he was a witness and participated in . . . reporting the allegations 14 against MESTA." Dkt. # 13-5, at 6. Thus, under Oklahoma's transactional definition of cause of action, Langkamp II bars Mr. Langkamp's Title VII claim unless it could not have been brought in Langkamp II. A claim will not be barred by res judicata if it could not have been brought in the prior adjudication. See Wilson v. Kane, 852 P.2d 717, 723 (Okla. 1993). Mr. Langkamp argues that his retaliation claim could not have been brought in Langkamp II because he did not have a right to sue letter from the EEOC until September 19, 2016. Dkt. # 18, at 38-39. Under Title VII, a plaintiff must obtain a right to sue letter from the EEOC as a prerequisite to suit. 42 U.S.C. § 2000e-5(f)(1); Shikles v. Sprint/United Mgmt. Co., 426 F.3d 1304, 1310 (10th Cir. 2005). Thus, until September 19, 2016, Mr. Langkamp could not bring his Title VII claim in Langkamp II. However, once he received his right to sue letter, Mr. Langkamp could have brought his retaliation claim against MESTA, and at that time Langkamp II was pending before the state court. In fact, on September 19, 2016, the briefing on MESTA's motion to dismiss was not yet complete, and it would be over a month before the court dismissed Mr. Langkamp's case. Mr. Langkamp argues that he attempted to amend his petition in Langkamp II to assert his Title VII claim. Dkt. # 18, at 40-41. But Mr. Langkamp never asked that court for leave to amend his petition to add a Title VII claim. In his response to MESTA's motion to dismiss, Mr. Langkamp asked the court, in the alternative to denying MESTA's motion, to stay the case until he could "cure pleading sufficiency defects." Dkt. # 24-4, at 22. Mr. Langkamp did not assert that he had a claim pending before the EEOC that he wanted to add to his suit when it he got a right to sue letter. Mr. Langkamp asked the Court for the opportunity to amend only to cure deficiencies in his current claims. The first time that Mr. 15 Langkamp informed the state court that he had an additional claim was in his motion for clarification, in which Mr. Langkamp asserted: Almost immediately prior to the entry of the subject order, [Mr. Langkamp] was communicating with MESTA's counsel about filing a second amended petition in order [to] assert claims that had only become actionable. It was these anticipated claims that in part prompted [Mr. Langkamp] as part of his response to [MESTA's motion to dismiss] to ask the Court to grant him the opportunity to amend his pleadings if it thought the dispositive motions had any merit. Dkt. # 18-4, at 5. Mr. Langkamp did not explain to that court that he had a Title VII claim and had only recently received his right to sue letter. The Court finds Mr. Langkamp's argument that he could not have brought his Title VII claim in Langkamp II unconvincing. Mr. Langkamp asserted in his amended petition that he had a claim pending before the EEOC, Dkt. # 13-5, at 6, but he failed to inform the state court that he would be seeking to assert that claim in Langkamp II once he was able. Once he had the right to sue on the Title VII claim, Mr. Langkamp failed to ask the state court for leave to amend his petition to add his Title VII claim, even though over a month passed between receiving the right to sue letter and the court's order granting MESTA's motion to dismiss. Mr. Langkamp waited until after the state court dismissed his case before informing the court he had an additional claim he wished to assert, and even then he only vaguely informed the court that he had "claims that had only become [recently] actionable." Finally, before the state court ruled on his motion for clarification, Mr. Langkamp filed suit in this Court asserting his Title VII claim. Now Mr. Langkamp argues that "[t]he only conceivable explanation" is that the state court decided it lacked subject matter jurisdiction to hear his Title VII claim. Dkt. # 18, at 41. First, the state court certainly had jurisdiction over Mr. Langkamp's Title VII claim. See, e.g., Tafflin v. Levitt, 493 U.S. 455, 458-59 (1990) (discussing state courts' concurrent jurisdiction to decide cases 16 arising under federal law absent an act of Congress granting federal courts exclusive jurisdiction). Second, the state court could not have decided it did not have jurisdiction over Mr. Langkamp's Title VII claim because the state court did not know that Mr. Langkamp had a Title VII claim he wished to assert. Mr. Langkamp mentioned his pending claim before the EEOC in his amended petition, but he never told the court he had a right to sue letter or that he wished to allege a Title VII claim. The state court did not deny Mr. Langkamp's request to amend the petition to add a Title VII claim; the state court never had the opportunity because Mr. Langkamp never made the request. Langkamp II and Mr. Langkamp's Title VII claim arise out of Mr. Langkamp's termination from MESTA, and therefore, under Oklahoma law, Langkamp II bars the Title VII claim unless the second claim could not have been brought in the earlier suit. Mr. Langkamp had ample opportunity to at least attempt to bring his Title VII claim in Langkamp II, but he failed to do so. Thus, Mr. Langkamp's Title VII claim is barred by res judicata. VI. Plaintiffs ask the Court for leave amend the complaint to allow Ms. Langkamp to assert Title VII retaliation and discrimination claims against MCBCC based on similar allegations as those in this suit. Dkt. # 25, at 1. MESTA objects, arguing that plaintiffs are attempting to delay these proceedings and amendment would be futile. Dkt. # 28. Under Federal Rule of Civil Procedure 15(a), leave to amend should be freely given absent a reason "such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of the amendment, etc." Foman v. Davis, 371 U.S. 178 (1962); see also Minter v. Prime Equip. Co., 451 F.3d 1196, 1204 (10th Cir. 2006). 17 MESTA asks the Court to consider Langkamp I and Langkamp II in considering whether it will allow Ms. Langkamp the opportunity to assert her new claim. However, Ms. Langkamp was not a party to Langkamp I or Langkamp II. She has filed one complaint regarding this matter and now seeks leave to add a related claim that became actionable on February 15, 2017. It is not clear to the Court that amendment would be futile, and MESTA has provided no evidence that Ms. Langkamp has acted with undue delay or in bad faith, or that an additional claim asserted against a different defendant would cause MESTA undue prejudice. Therefore, Ms. Langkamp may amend her complaint to assert discrimination and retaliation claims against MCBCC. VII. Plaintiffs also ask the Court to stay this case until resolution of Mr. Langkamp's pending claim against MCBCC before the EEOC. Dkt. # 26, at 1. MESTA objects, arguing that a stay would cause undue delay of this litigation. Dkt. # 29, at 1. The Court agrees with MESTA. Mr. Langkamp's sole claim against MESTA has been dismissed. As Mr. Langkamp no longer has a claim in this matter, a stay to allow a claim of his to become actionable would serve no purpose beyond delaying these proceedings. If Mr. Langkamp wishes to bring a new suit once the EEOC concludes its proceedings he is free to do so, but this suit will proceed with Ms. Langkamp as the sole plaintiff. IT IS THEREFORE ORDERED that defendant Mayes Emergency Services Trust Authority's motion to dismiss (Dkt. # 13) is granted in part and denied in part: it is granted as to Darla Langkamp's negligence claim and Rick Langkamp's Title VII retaliation claim; it is denied as to Darla Langkamp's retaliation claims under Title VII and 42 U.S.C. § 1983. 18 IT IS FURTHER ORDERED that plaintiffs' motion to amend (Dkt. # 25) is granted, and Darla Langkamp may file an amended complaint, consistent with the rulings herein, no later than March 10, 2017. IT IS FURTHER ORDERED that plaintiffs' motion to stay (Dkt. # 26) is denied. Plaintiff Rick Langkamp is terminated as a party in this matter. DATED this 3rd day of March, 2017. 19


Amazing Kitchen Design Ideas Photos Styles And Layout Options Hgtv images with a resolution 966x725 Pixels, to download or save these decorating ideas premises HD resolution. Amazing Kitchen Design Ideas Photos Styles And Layout Options Hgtv has been posted on Wednesday, January 30, 2019 at 1:37 am and has been seen by the 10 visitors. If you want your design ideas have become a reference for you, click on the full size or right click on your mouse, click see the picture, so you just select the wallpaper size you want. click and download Amazing Kitchen Design Ideas Photos Styles And Layout Options HgtvHD Designs.


text:
To 'review' such supreme paintings is slightly absurd: Titian at the National Gallery reviewed
Crime scene: 'The Rape of Europa', 1559–62, by Titian
Titian: Love, Desire and Death
In 1576 Venice was gripped by plague. The island of the Lazzaretto Vecchio, on which the afflicted were crammed three to a bed, was compared to hell itself. In the midst of this horror Tiziano Vecellio, the greatest painter in Europe, died — apparently of something else.
He was in his eighties and working, it seems, almost to the end. Titian: Love, Desire, Death, which was briefly on at the National Gallery, before it was closed down this week by our own plague, contained several of the greatest masterpieces of his old age — and also of European art. It comprises just seven canvases, all done for Philip II of Spain — a villain of English history, the man who launched the Armada, but as far as Titian was concerned his most discerning patron. Philip was an avid persecutor of heretics but happy to give his favourite artist a free hand. He was rewarded by some of Titian's most audacious work.
To 'review' such supreme paintings is slightly absurd. These are the touchstones from which Rubens, Velazquez and Rembrandt learnt and their successors still do. Van Dyck actually owned 'Perseus and Andromeda'; Lucian Freud confessed that he, too, would have liked to have had one of these Titians on his wall. He couldn't choose between 'Diana and Actaeon' and 'Diana and Callisto', which he considered jointly 'simply the most beautiful pictures in the world'.
Frank Bowling, a contemporary master of abstraction, returns again and again to 'The Death of Actaeon' — in part because he finds it so modern. 'There's something amazing in the stirring up of the paint,' he told me. 'It just comes across at you — whoosh! — like a De Kooning.'
That's absolutely right. These late pictures are executed with a looseness and freedom that startled 16th-century viewers such as Giorgio Vasari, who found Titian's late manner 'judicious, beautiful, and astonishing'. That was spot-on too, including the point about judiciousness.
In places these pictures might look as if they were done with a flying brush, but in fact they are preeminent examples of slow painting. According to eye witnesses, Titian would begin a work, then lean it against the wall. Some time later he would scrutinise what he had done as if it were a 'mortal enemy', add a touch or two, set it aside again to dry — and so on until he was satisfied. The process could take years. This was why there is a controversy about whether some of his last works — such as 'The Death of Actaeon', which was never delivered to Philip — were finished or not.
Perhaps Titian himself hadn't made up his mind. For him, one suspects, finishing a picture was a delicate decision, as it is for many contemporary artists. This was partly because he had no standardised approach. All of these pictures contain carefully finished passages — the faces, for example — but also magnificently wild ones. The fountain in 'Diana and Callisto' spurts like a jet of water by Francis Bacon.
Water in all its forms was one of Titian's special interests. In these paintings you find the calm, sparkling sea on which Europa is being carried away, but also the mirror-like pond in 'Diana and Actaeon' and the churning waves around the sea monster menacing Andromeda.
He also made lifelong studies of soft, living flesh and the varied textures of cloth. In 'Venus and Adonis', the seated goddess's naked buttocks are dimpled from pressure — a detail much admired in the 16th century — and modelled with precision. But the sheen of scarlet velvet on which she is sitting is rendered with a few strokes of the brush that might have taken a minute or two to execute.
In writing to Philip, Titian called this set of pictures 'poesie' — poems in paint. They are largely derived from Ovid's Metamorphoses and deal with transformations: from life to death, from love to loss. These myths are dark. Jupiter adopts the form of a bull to force himself on a princess named Europa. Diana turns Actaeon into a stag for the crime of having accidentally seen her naked, so he is torn to pieces by his own dogs.
Here, then, are depictions of tragedies and crime scenes, but also immensely pleasurable images. Towards the end of his life, Titian was taxed by a visitor to his studio with having made the repentant Magdalene too 'dewy and fresh'. He replied that he had painted the saint on the first day of her desert fast, so as 'to paint her as a penitent indeed, but also as lovely as he could'.
Titian did that, time and time again, in every part of these visual poems. Figures, animals, landscapes, lust, mortality, sensual bodies, clouds — everything is painted as compellingly as this great artist was able. No one has ever done so better.
Let's hope the exhibition returns after the current plague ends.
TaggedExhibitions, Frank Bowling, Greek myths, Lucian Freud, metamorphoses, National Gallery, Ovid, Painting, Philip II, Renaissance, Titian, Vasari
Inventing Impressionism at the National Gallery reviewed: a mixed bag of sometimes magnificent paintings
A beautiful exhibition of a magnificent painter: Sean Scully at the National Gallery reviewed
Sargent, National Portrait Gallery, review: he was so good he should have been better
Magnificent paintings – oddly curated: All Too Human reviewed
Irresistible: Ravilious at the Dulwich Picture Gallery reviewed