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Author: Luke Visconti, Chairman, DiversityInc
Why Most Diversity Programs Are Doomed to Fail
Ask The White Guy Diversity & Inclusion Executive columns January 6, 2021 Written by Luke Visconti, Chairman, DiversityInc
Political and cultural commentator David Brooks wrote a column in The New York Times that ran during the holidays while most people were not working. He cited a column in Anthropology Now, which was published in 2018, and asserted that diversity training doesn't work. I agree. Since starting DiversityInc 23…
The Platinum Plan: How Trump Increased His Black Vote by 50% and What We Can Learn From It
Executive columns Politics Republicans December 2, 2020 Written by Luke Visconti, Chairman, DiversityInc
Do you know what Donald Trump's "Platinum Plan" was? Most Black people I know do. Most white people have never heard of it. The plan — a two-page document released just weeks before the 2020 election — details the four pillars of Trump's commitment to Black Americans (Opportunity, Security, Prosperity…
Are We Self-Destructive?: What The 2020 Election Cliffhanger Tells Us About Ourselves
Ask The White Guy Election Executive columns News Politics November 5, 2020 Written by Luke Visconti, Chairman, DiversityInc
A good friend of mine sent me an interesting article two days after Election Day 2020 and asked me what I thought. I'll warn you: If you're white and have never read an analysis like this, prepare yourself. It's tough love — from as early as the headline: "America's Problem…
How to Solve the "We Can't Find Them" Problem
'Link in Bio:' DiversityInc on Instagram Accountability Ask The White Guy Business Diversity & Inclusion Diversity Management Diversity Recruitment Executive columns Leadership Accountability News Organizational Misbehavior October 5, 2020 Written by Luke Visconti, Chairman, DiversityInc
Although Wells Fargo has been in the news lately, "we can't find them" is an excuse I've heard hundreds of times over the years as well. The difference between Wells Fargo and other companies whose leadership teams have never even tried (Google, Facebook, Oracle, the Academy Awards) is that Wells…
Ask the Chairman: Is Criticism of Schumer and Pelosi Ageism?
Ask The White Guy Executive columns News August 20, 2020 Written by Luke Visconti, Chairman, DiversityInc
Originally published on January 14, 2019. I received a comment from a reader on my last column. Here's the gist of it: "I did not tweet or post (your last column) because of the ageist comment/s made about Nancy Pelosi and Chuck Schumer. I have no problem with them being…
Why Capitalizing the 'B' in Black Still Matters for Cultural Competence and Accurate Representation
With the Black Lives Matter movement still in full force, corporations paying more attention to diversity and inclusion, and leaders of African descent being placed in the forefront, the debate about the capitalization of "Black" in mainstream media has been one of high significance. Cultural identity has been at the…
Lessons to be Learned From Kamala Harris
'Link in Bio:' DiversityInc on Instagram Ask The White Guy Executive columns News August 13, 2020 Written by Luke Visconti, Chairman, DiversityInc
Joe Biden had a drawn-out process to pick his running mate for vice president, Sen. Kamala Harris. There are excellent lessons to be learned for corporate America:
Practical Advice Regarding Leadership at This Time of Crisis
Ask The White Guy Executive columns June 1, 2020 Written by Luke Visconti, Chairman, DiversityInc
Minneapolis had a failure of leadership last week, the state of Minnesota did as well. Now cities are on fire across the country. Here's what needs to happen: Arrest the three police officers who did nothing while Derek Chauvin murdered George Floyd. It's not enough that they're fired. Everyone in…
Ask the Chairman: Gun Violence and Domestic Terrorism Need Solutions
Ask The White Guy Racism August 5, 2019 Written by Luke Visconti, Chairman, DiversityInc
As we reel from another set of white male mass murderers, we need to address and confront uncomfortable truths: The president is responsible for this. A long-term employer of undocumented workers and H2B temporary workers, President Trump is promoting hatred of people of color to maintain his political base. The…
DiversityInc Chairman Luke Visconti to Testify in House Committee on Financial Services Hearing: Diversity in the Boardroom
Ask The White Guy Good News News June 20, 2019 Written by Luke Visconti, Chairman, DiversityInc
The House Committee on Financial Services hearing entitled: "Diversity in the Boardroom: Examining Proposals to Increase the Diversity of America's Boards," Thursday, June 20, 2019, at 10 a.m. (Watch live: https://www.youtube.com/watch?v=0AUzBgSIpPM) Presented by Mr. Luke Visconti, Founder and Chairman of DiversityInc Good morning, Chairwoman Waters, Ranking Member McHenry and distinguished…
A federal court ordered the city of Horn Lake in #Mississippi to grant permission to build a #mosque after official… https://t.co/zrkot1bB0D 16 mins ago


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3rd Place Large Employer: CAP COM Federal Credit Union
New York capitol quiet Sunday after protest concerns
Business // Top Workplaces
For nine years running, a top 3 finisher
Massarah Mikati
April 26, 2020 Updated: April 26, 2020 5:05 a.m.
1of6Priscilla Lust, staff development administrator for CAP COM, talks about working for the company during an interview on Monday, March 16, 2020, in Colonie, N.Y. (Paul Buckowski/Times Union)Paul Buckowski/Albany Times UnionShow MoreShow Less
2of6Eric Cruz, a senior mortgage specialist for CAP COM, talks about working for the company during an interview on Monday, March 16, 2020, in Colonie, N.Y. (Paul Buckowski/Times Union)Paul Buckowski/Albany Times UnionShow MoreShow Less
3of6CAP COM marketing team members take part in a meeting on Monday, March 16, 2020, in Colonie, N.Y. (Paul Buckowski/Times Union)Paul Buckowski/Albany Times UnionShow MoreShow Less
5of6A view of a wall at CAP COM that highlights the community work employees have done, seen here on Monday, March 16, 2020, in Colonie, N.Y. (Paul Buckowski/Times Union)Paul Buckowski/Albany Times UnionShow MoreShow Less
6of6CAP COM President and CEO, Chris McKenna, poses for a photo on Monday, March 16, 2020, in Colonie, N.Y. (Paul Buckowski/Times Union)Paul Buckowski/Albany Times UnionShow MoreShow Less
GOODWIN EDITEDEvery morning, Priscilla Lust looks forward to going to work. It's the first time in her decades of working for financial institutions that she hasn't felt that morning dread. That's one of many reasons she's been working with CAP COM Federal Credit Union for 13 years — and plans to retire from there one day.
"Since I've started here, I've been in awe of this place," she said. "The atmosphere is very lively and creative."
Lust, staff development administrator at CAP COM, is far from alone in her affection for her workplace. For the 9th year in a row, the nonprofit, member-owned financial institution has earned a top-three spot in the annual Times Union's annual Top Workplaces. The company's more than 370 employees attribute the running streak to the positive, encouraging work culture at CAP COM.
"One of the biggest things for me is the motivation that comes to the top," said Eric Cruz, a senior mortgage specialist. "I want to come to work, and it makes me feel confident."
The leaders of CAP COM exude positive energy and engage their employees in creative ways. CEO Chris McKenna, for instance, held an ocean-themed staff meeting once.
"If you go in the ocean, you're moving with it, you can't fight the ocean," Cruz said. "But if you all get together, lock arms and lay there, it's not moving the team. It's this concept of locking arms and we're all in this together."
Employees also appreciate the transparency of the company. Leaders are aware of the new goals teams need to reach.
"For the last 13 years, I've loved what I've done," Lust said. "There's so much opportunity for growth here as an employee, too. So, why go anywhere else?"
Headquarters: Albany
Ownership: Nonprofit
Sector: Credit Union
Number of employees: 373 at 11 Capital Region locations
Website: capcomfcu.org
Why employees love their jobs
"I am able to help individuals achieve their dream of homeownership while working for an organization that care about both their members and employees."
"I work with amazing people. They are talented, positive, supportive. We have a mission, and everyone works toward the mission of doing what's right for the member every time, every day."
"I feel valued, empowered to make decisions, flexible, great work-life balance."
Reach Massarah on
Massarah Mikati covers communities of color and breaking news for the Times Union. She was previously a state reporter for Johnson Newspaper Corp., covering the New York State Legislature for 10 counties in the Hudson Valley, Western New York and North Country. From 2017-2019, Massarah was a Hearst Fellow reporting on immigrants and refugees for the Times Union, then communities of color for the Houston Chronicle. Massarah graduated from The Ohio State University in 2017 with a B.A. in journalism, Middle East studies and Francophone studies. Follow her on Twitter and send tips to mmikati@timesunion.com.

redpajama_set_name: RedPajamaCommonCrawl


This month we proudly present a little 'Ooh La La' from Kirkella.
The design was quite radical, it depended on the removal of an adjoining wall, moving a doorway, new ceilings, a lot of mess, then, Voila! an open plan dining area now graces Chateau Gleghorn.
The gorgeous character oak doors and panels were sourced in France where interestingly their practise is to plant 2 trees for every one that is cut down. Cunningly, our designer has hidden a necessary but intrusive nib wall inside the tall glazed feature cabinet. I would also ask that you consider the interesting positioning of pewter knobs - most effective.
Opposite the capacious wine storage is the versatile workspace of the central island, full of useful drawers and topped in reflective Black Tormalina quartz, perfect for buffets and preparation.
Neff provided the stainless steel appliances, a five burner gas hob, 2 ovens, dishwasher, large larder fridge and the very elegant cooker hood. The under-mounted sink with its unusually square, swan-necked tap is by Franke of Switzerland. The new flooring, complete with an elegant inlaid border is in luxurious Karndean.
Mrs G was so complimentary and has kindly allowed me to pass on her comments, "Everyone was so kind - we liked John very much, he listened to us and spent a lot of time putting it all together, making sure that everything was at the right height for me and I am also very grateful to Colleen who was lovely and gave me so much help with the tiles. The fitters were all really nice, so considerate and hard working. You made us feel so individual".
As is usually the case, our clients wanted something different and, due to a recommendation from their friends (thank you Mr & Mrs Shephard) another Mulberry masterpiece has been installed.


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Number of Home Health Workers Has Grown 115% since 2000
By Mary Kate Nelson | May 9, 2017
Home health has been one of the fastest-growing health care sectors of the new millennium. In fact, the number of workers in home health care services grew by 115.1% between 2000 and 2016, according to an analysis from "Big Four" accounting firm Deloitte. About 728,800 of the 4.6 million health care jobs created between 2000 and 2016 were in home health care services, the analysis revealed.
By comparison, the number of workers in outpatient care centers grew by 101.4% in that period, while the number of workers in physicians' offices grew by 40.3%.
Some positions within the home health care industry are becoming more common than others. The proportion of personal care aides in the home health care services industry more than doubled between 2000 and 2015, from 10.4% to 25.4%, the analysis revealed. All the while, the the proportion of registered nurses, health care aides, and maids and housekeepers in the home health care services industry dropped.
In 2015, about 43% of the workers in the U.S. home health care services industry were aides, 37% held office-related jobs, and 19% held highly specialized positions.
Home health aides are expected to be the fifth-fastest growing occupation between 2014 and 2024, according to the U.S. Department of Labor. In that time period, more than 348,000 new home health aide jobs are projected to be created.
www.homehealthcarenews.com


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On November 17, World Day of Remembrance for Road Traffic Victims was observed around the globe. Each year, more than 100 countries worldwide dedicate a day to mourn the millions of lives lost on the road and to acknowledge the tireless efforts of the police and ambulance personnel, doctors, nurses, and counselors who work to save lives after road traffic crashes. In the week leading up to World Day of Remembrance, we organized events in Vietnam and Cambodia to raise awareness about the tragedy of road traffic fatalities and injuries and share how they can be prevented through helmet use.
This month we also launched a new project on GlobalGiving to raise funds for our traffic safety interventions to protect Cambodian youths on the road. Your donation to our project, Protect Cambodian Children from Brain Injury, will provide children with high-quality helmets, equip them with life-saving traffic safety knowledge and skills, and engage them in innovate road safety activities. Donate in the month of December and help us win a bonus award of $3,000 for our project from GlobalGiving!
On October 30, 2013, students, teachers, and parents of Vinh Loc 1 Primary School came together with The United Parcel Service (UPS), the Asia Injury Prevention (AIP) Foundation, and local government officials to ride through Binh Chanh district, raising awareness of the importance of helmets that meet safety standards for children. The rally marked the launch of the third year of the Helmets for Kids initiative sponsored by The UPS Foundation with a donation of 3,966 helmets for students and teachers at six schools in Ho Chi Minh City.
Nearly 1,500 children, parents, school officials, and local stakeholders, including Ho Chi Minh Traffic Safety Committee, Department of Education and Training, and Goodwill Ambassador Thanh Thuy, attended the kick-off ceremony at Vinh Loc 1 school, which was followed by a parade of motorcycles through the surrounding neighborhood. Rally participants carried flags bearing the message: "Children also need a helmet." This year's Helmets for Kids initiative will also include road safety trainings for teachers and students, outreach to parents, extracurricular activities, billboards, and the distribution of hand-fans and school timetables promoting child helmet use.
Following the kick-off, 18 UPS volunteers conducted helmet kick-off ceremonies at 5 more primary schools, donating a total of 3,966 helmets to students and teachers. The project also coordinated two orientation workshops and teacher trainings for schools that are new to the project. These workshops gave 74 teachers the tools to educate children and parents about the importance of child helmet use and good road safety behaviors. These teachers will reach 3,745 students with this information. Two panel discussions with parents were also organized, reaching 2,164 parents. At these discussions the mothers of traffic victims shared their stories, and police shared information about the child helmet law, proper helmet use, and how to identify helmets that meets safety standards.
Read the press release and view the photos.
On November 1st, Johnson & Johnson, AIP Foundation and the Dong Nai Department of Education and Training conducted extra-curricular road safety activities and helmet use trainings for 750 students and teachers at Vo Thị Sau Primary School in Bien Hoa, Dong Nai province. Activities included picture puzzles and puppet shows to generate enthusiasm about helmet use and reinforce the importance of safe road behaviors.
These extra-curricular activities for primary school students are being conducted as part of Johnson & Johnson's sponsorship of Helmets for Kids at 32 schools in three provinces: Ha TInh, Quang Binh and Dong Nai. Last month, Johnson & Johnson donated 3,848 helmets to all first graders and other students at the 32 project schools whose previously received helmets were damaged. Together, Johnson & Johnson and AIP Foundation have donated 21,476 helmets in two years of Helmets for Kids partnership.
On November 15th, AIP Foundation, the Ho Chi Minh City Traffic Safety Committee, Department of Education and Training, Traffic Police, and Duc Huy company visited the families of 10 road traffic crash victims to increase awareness about road safety and to observe World Day of Remembrance for Road Traffic Crash Victims. Local and national media representatives accompanied these visits and asked the families to share their stories.
Those visited included parents of children who were killed in road traffic crashes, and those who sustained brain damage as the result of serious head injury from crashes without helmets. Many of these individuals who sustained brain damage had previously been primary breadwinners for their families, their injuries have pushed their families into poverty and turned elderly parents into caregivers and primary breadwinners.
On Friday November 22nd, representatives from AIP Foundation and the Ho Chi Minh City Traffic Safety Committee and Department of Education and Training recorded a talk show for Ho Chi Minh City Television (HTV). The talk show, "In Retrospective – World Day of Remembrance for Road Crash Victims," highlighted the activities organized to spread awareness about road safety by government, educators, and NGOs. The guests also discussed future plans for collaborating to improve road safety throughout Ho Chi Minh City. The talk show aired on December 2nd, 2013.
On November 18, ARRB Group, one of Australia's most trusted advisors regarding road safety technical input, returned to Ai Quoc Primary School in Hai Duong for a Helmets for Kids helmet top-off ceremony. During this top-off, ARRB donated 190 helmets to first graders, new teachers, and students in second through fifth grade who have outgrown, lost, or damaged the helmets that they previously received from the company's helmet handover last March.
The ceremony was attended by road safety expert Paul Hillier, a National Technical Leader at ARRB, as a stop on his trip to Sichuan province in China to assess pedestrian safety around schools. Activities of the top-off ceremony included traffic safety and child helmet use training for students and teachers, student performances, and remarks by community, school, and sponsor representatives. A photo exhibition with a road safety theme was also organized along with a helmet training game teaching students about how to properly wear their new helmets.
On November 25th, AIP Foundation Deputy Executive Director Hoang Na Huong attended a road safety workshop about strengthening the enforcement of child helmet use in Quang Ninh. Na Huong presented about AIP Foundation's successful child helmet campaign in Vietnam and shared lessons learned, along with recommendations for innovative programs.
The workshop was organized by the Vietnam Justice Support Association for the Poor, the Quang Ninh Traffic Safety Committee, and the Global Road Safety Partnership. Participants from the five Northern provinces under the Road Safety in 10 Countries (RS10) project (Nam Dinh, Vinh Phuc, Bac Ninh, Thai Binh and Quang Ninh) requested additional materials for their use to increase awareness about the importance of child helmet use. The workshop included an observation trip for participants to visit enforcement activities at two primary schools in Quang Ninh.
On November 29th and 30th the Saigon Players, an English language theater group in Ho Chi Minh City, performed "The Lifecycle of Saigon," a sketch comedy production about motorcycles. The productions celebrated the troupe's 10th anniversary with skits and songs about the ubiquity of motorcycles (and helmets) in Saigon's culture. The Saigon Players donated a portion of the show's proceeds to fund AIP Foundation's work in Vietnam.
On November 17, 2013, the 20th annual World Day of Remembrance for Road Traffic Victims was observed around the world. Each year, more than 100 countries around the globe dedicate a day to mourn the millions of lives lost on the road and to acknowledge the efforts of the police and ambulance personnel, doctors, nurses, and counselors who work to save lives after road traffic crashes. In the week leading up to the World Day of Remembrance, the Asia Injury Prevention (AIP) Foundation Cambodia organized events in schools around Phnom Penh to raise awareness about the tragedy of road traffic fatalities and injuries and spread information about how they can be prevented through helmet use.
On November 13th and 14th, Helmets for Families sponsored by Manulife Cambodia organized road safety activities at two project schools in Phnom Penh. On November 13th, a parent training workshop on helmet use was conducted at Wat Preah Put Primary School, teaching 50 parents about the importance of helmet use for themselves and their children. The training was held as follow-up to Manulife's donation of 647 helmets to students, teachers, and mothers as part of the Helmets for Families program last month. On November 14th, extra-curricular road safety activities were organized for 100 students at Sampov Meas Primary School. These activities included drawing contests, pedestrian and bicyclist safety lessons, and helmet wearing speed tests. Activities and trainings are conducted after helmet donations to reinforce the importance of helmet use and good road safety behaviors and to ensure that students and parents continue to wear their helmets properly.
On November 21st, the Asia Injury Prevention (AIP) Foundation donated road safety equipment to representatives of the National Police of Cambodia as part of the Cambodia Helmet Vaccine Initiative (CHVI). The donation was made to support the increased enforcement of the national helmet law as part of the government of Cambodia's commitment to meeting the goals of the UN Decade of Action for Road Safety.
AIP Foundation's donation to police included a total of 1,000 helmets along with vital road safety equipment such as traffic cones and fences, radios, strobe lights, rechargeable lamps, and reflective vests. Next year, representatives of the Cambodian Police will embark on a study tour of Vietnam and Malaysia where they will gain the knowledge and skills necessary to enforce the motorcycle passenger, including child, helmet law, which is awaiting government approval.
Along with this donation, AIP Foundation President and Founder Greig Craft and Chief Executive Officer Mirjam Sidik visited Phnom Penh to meet with H.E Lt. General Chan Kim Seng, Director of the Central Department of Public Order, General Commissariat of the National Police and H.E Hun Many, Parliamentarian and President of the Union of Youth Federation to discuss the recommendations of the joint statement "Motorcycle passengers, including children, must wear helmets." More than 100 stakeholders from the private sector, civil society, and international community have endorsed the joint statement urging the government to pass comprehensive helmet legislation. Earlier this month, CHVI's work on the joint statement was highlighted in the UN Secretary General's report Improving road safety as an example of how non-profit organizations and governments around the world are working together to increase road safety.


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'Feeling it today': Duo leads Wildcats into state quarterfinals
Bill Althaus bill.althaus@examiner.net @AlthausEJC
When his Blue Springs girls basketball team took a 16-1 lead against Lee's Summit West Wednesday in a Class 5 sectional playoff, coach Mark Spigarelli knew it was no time to relax.
The Titans had beaten his Wildcats twice in conference play during the regular season and he didn't think any lead would be safe until the final tick of the clock.
And he was right as the Titans mounted a furious second-half comeback only to see the Wildcats stave it off.
Freshman guard Jada Williams scored a game-high 32 points and senior Aliyah Bello added 11 points and 14 rebounds – including seven offensive boards that resulted in 12 points – as the Wildcats claimed a 68-58 victory at Silverstein Eye Centers Arena and punched their ticket to Saturday's 1 p.m. state quarterfinal.
"Us youngins' had to take care of our seniors today, because we don't want the season to end for us, and we really don't want it to end for our four seniors," Williams said as she was embraced by Bello.
"I didn't get the job done when we beat Truman (in the district title game, where she did not hit a field goal and scored just seven points from the free throw line), and I had to come out today and prove what type of player I am.
"I wasn't proving it to the fans, or anyone else, just my coaches and my teammates. I was feeling it today – and so was this girl."
That remark brought another hug from Bello, who came up with big rebound after big rebound, especially early when she kept feeding Williams for easy layups and 15-foot jumpers.
"This girl, this girl is so special," said Bello, a senior who has said throughout the playoffs that she does not want to play her final game until the state championship in Springfield. "I worked hard defensively and I word hard getting those rebounds, because I knew the way Jada and my teammates were playing we were going to do something special."
When asked about the play of Williams and Bello, a big smile came to Spigarelli's face, as his team improved to 23-6.
"Jada has had some big games for us this season," he said of Williams, the freshman guard who has received attention because of her AAU success, "but given the circumstances, this might be her best.
"And (said) that Aliyah played her best game of the season in that win over Truman, but she played even better today. Her rebounds were huge, and we put her on No. 22 (junior guard Morgan Pietig) and we made her earn every point she scored."
Blue Springs took an 18-5 lead into the second period and led 31-14 at halftime after the early surge.
"I knew we could come back, I just knew we had to get off to a good start in the third quarter, and we were able to do that," said Pietig, who scored 10 of her 13 points in the third quarter as the Titans scored 24 points, to cut the deficit to 48-38 going into the final quarter.
"We worked so hard – and our coaches worked so hard, and gave us great motivational speeches at halftime to get us fired up," Pietig added. "And to be honest with you, we got close and I think we just ran out of gas. But we gave it everything we had."
With 5:03 left, Pietig hit a 3-pointer to cut the deficit to 52-46, but Bello came up with a steal and drove for the layup. She was fouled and her and-one put the lead back to 55-46.
"My girl can score, my girl can rebound and my girl can play defense," Williams said of Bello.
The Wildcats hit 11 of 13 free throws in the fourth quarter to ice the win.
Sophomore Tasia Johnson scored 10 of her team-high 22 points in the fourth quarter to lead the Titans, who finished 18-8.
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Oliver Wendell Holmes books and biography
Associate Justice of the Supreme Court of the United States
Term in office
December 8, 1902 – January 12, 1932
Horace Gray
Nominated by
Oliver Wendell Holmes, Jr. (March 8, 1841 – March 6, 1935) was an American jurist who served on the Supreme Court of the United States from 1902 to 1932. Noted for his long service, his concise explanations, his pithy opinions, and his deference to the decisions of elected legislatures, he is considered one of the most influential justices in the Court's history.
Holmes was born in Boston, Massachusetts, the son of the prominent writer and physician Oliver Wendell Holmes, Sr. and abolitionist Amelia Lee Jackson. As a young man, Holmes loved literature and supported the abolitionist movement that thrived in Boston society during the 1850s. He graduated from Harvard University in 1861.
1 Civil War experience
2 Law practice and state judgeship
3 Supreme Court
4 Holmes Quotations
Civil War experience
During his senior year of college, Holmes enlisted in the Massachusetts militia at the outset of the American Civil War. He saw much action, from the Peninsula Campaign to the Wilderness, and suffered wounds at the Battle of Ball's Bluff, Antietam, and Fredericksburg. He was mustered out in 1864 as a brevet Lieutenant Colonel. Holmes emerged from the war convinced that government and laws were founded on violence, a belief that he later developed into a positivist view of law and a rejection of romanticism and natural rights theory.
Law practice and state judgeship
Oliver Wendell Holmes Jr. as a young man.
After the war's conclusion, Holmes returned to Harvard to study law. He was admitted to the bar in 1866, and went into practice in Boston. He joined a small firm, and married a childhood friend, Fanny Dixwell. She fell ill with rheumatic fever shortly after their marriage. Perhaps as a consequence, the couple never had children of their own, but they did adopt and raise an orphaned cousin, Dorothy Upham.
Whenever he could, Holmes visited London during the social season of spring and summer. He formed his closest friendships with men and women there, and became one of the founders of what was soon called the "sociological" school of jurisprudence in Great Britain, which would be followed a generation later by the "legal realist" school in America.
Holmes practiced admiralty law and commercial law in Boston for fifteen years. In 1870, Holmes became an editor of the American Law Review, edited a new edition of Kent's Commentaries on American Law, and published numerous articles on the common law. In 1881, he published the first edition of his well-regarded book The Common Law, in which he summarized the views developed in the preceding years. This remains the only important work of American jurisprudence written by a practicing attorney. In the book, Holmes sets forth his view that the only source of law, properly speaking, is a judicial decision. Judges decide cases on the facts, and then write opinions afterward presenting a rationale for their decision. The true basis of the decision, however, is often an "inarticulate major premise" outside the law. A judge is obliged to choose between contending legal theories, and the true basis of his decision is necessarily drawn from outside the law. These views endeared Holmes to the later advocates of legal realism and made him one of the early founders of law-and-economics jurisprudence.
Holmes was considered for a judgeship on a federal court in 1878 by President Rutherford B. Hayes, but Massachusetts Senator George Frisbie Hoar convinced Hayes to nominate another candidate. In 1882, Holmes became both a professor at Harvard Law School and then a justice of the Supreme Judicial Court of Massachusetts, resigning from the law school shortly after his appointment. He succeeded Justice Horace Gray, whom Holmes coincidentally would replace once again when Gray retired from the U.S. Supreme Court in 1902. In 1899, Holmes was appointed Chief Justice of the court.
During his service on the Massachusetts court, Holmes continued to develop and apply his views of the common law, usually following precedent faithfully. He issued few constitutional opinions in these years, but carefully developed the principles of free expression as a common-law doctrine. He departed from precedent to recognize workers' right to organize trade unions as long as no violence or coercion was involved, stating in his opinions that fundamental fairness required that workers be allowed to combine to compete on a equal footing with employers.
On August 11, 1902, President Theodore Roosevelt named Holmes to the United States Supreme Court on the recommendation of Senator Henry Cabot Lodge, the Senate unanimously confirmed the appointment on December 4, and Holmes took his seat on the Court December 8, 1902. Holmes succeeded Justice Horace Gray, who had retired in July 1902 as a result of illness. Historians believe that an important factor in the appointment was the President's belief that Holmes would vote to sustain the administration's position that not all the provisions of the United States Constitution applied to possessions acquired from Spain, an important question on which the Court was then evenly divided. On the bench, Holmes did vote to support the administration's position in "The Insular Cases." However, he later disappointed Roosevelt by dissenting in The Northern Securities Case, a major antitrust prosecution.
Holmes was known for his pithy, short, and frequently quoted opinions. In more than thirty years on the Supreme Court bench he considered the whole range of federal law, and is remembered for prescient opinions on topics as widely separated as copyright, the law of contempt, the anti-trust exemption for professional baseball, and the oath required for citizenship. He is probably most often now recalled as an author of opinions on constitutional law. Holmes, like most of his contemporaries, viewed the Bill of Rights as codifying privileges obtained over the centuries in English and American law. Beginning with his first opinion for the Court, in Otis v. Parker, Holmes declared that "due process of law," the fundamental principle of fairness, protected persons from unreasonable legislation, but was limited to only those fundamental principles enshrined in the common law and did not protect most economic interests. In a series of opinions during and after the First World War, he held that the freedom of expression guaranteed by federal and state constitutions simply declared a common-law privilege to do harm, except in cases where the expression, in the circumstances in which it was uttered, posed a "clear and present danger" of causing some harm that the legislature had properly forbidden. In Schenk v. United States, Holmes announced this doctrine for a unanimous Court, famously declaring that the First Amendment would not protect a person "falsely shouting fire in a theatre and causing a panic." This remains the test applied by the Supreme Court in cases where an application of an otherwise valid law, is in question.
The following year, in Abrams v. United States, Holmes delivered a strongly worded dissent in which he criticized the majority's use of the clear and present danger test, arguing that protests by political dissidents posed no actual risk of interfering with war effort. In his stinging dissent, he accused the Court of punishing the defendants for their opinions rather than their acts. Although Holmes evidently believed that he was adhering to his own precedent, many later commentators accused Holmes of inconsistency, even of seeking to curry favor with his young admirers. The Supreme Court departed from his views where the validity of a statute was in question, adopting the principle that a legislature could properly declare that some forms of speech posed a clear and present danger, regardless of the circumstances in which they were uttered.
1968 postage stamp issued by the U.S. Post Office to commemorate Oliver Wendell Holmes, Jr.
Holmes was criticized during his lifetime and after for his philosophical views, which were influenced by Social Darwinism. He saw few restraints on the power of a governing class to enact its interests into law, and predicted that law increasingly would be based upon eugenics and economics, rather than precedent. He wrote an opinion for the Court upholding Virginia's compulsory sterilization law in Buck v. Bell, 274 U.S. 200 (1927), where he found no constitutional bar to state-ordered compulsory sterilization of an institutionalized, allegedly "feeble-minded" woman with the words, "[t]hree generations of imbeciles are enough." The decision unleashed a national movement to adopt largely racist state laws authorizing eugenic measures.
Holmes was admired by the Progressives of his day who shared his eugenist views and narrow reading of "due process." He regularly dissented when the Court invoked due process to strike down progressive economic legislation, most famously in the 1905 case of Lochner v. New York. Holmes's dissent in that case, in which he wrote that "a Constitution is not intended to embody a particular economic theory," is one of the most-quoted in Supreme Court history. His dissenting opinions on behalf of freedom of expression were celebrated by opponents of the Red Scare and prosecutions of political dissidents that began during World War I. Holmes's personal views on economics were influenced by Malthusian theories that emphasized struggle for a fixed amount of resources, however, he did not share the young Progressive's ameliorist views.
Holmes served until January 12, 1932, when his brethren on the court, citing his advanced age (Holmes was, at 90, the oldest serving justice in the Court's history), suggested that he step down. He died of pneumonia in Washington, D.C. in 1935, two days short of his 94th birthday, leaving his residuary estate to the United States government (he had earlier said that "taxes are the price we pay for civilization"). He was buried in Arlington National Cemetery, and is commonly recognized as one of the greatest justices of the U.S. Supreme Court. Holmes's papers, donated to Harvard Law School, were kept closed for many years after his death, a circumstance that gave rise to numerous speculative and fictionalized accounts of his life. Catherine Drinker Bowen's fictionalized biography "Yankee from Olympus" was a long-time bestseller, and the 1951 Hollywood motion picture The Magnificent Yankee was based on a highly fictionalized play about Holmes's life. Since the opening of the extensive Holmes papers in the 1980s, however, there has been a series of more accurate biographies and scholarly monographs.
Holmes Quotations
Holmes frequently referred to his wartime experiences, and his Memorial Day addresses were among his most famous as he sought to give meaning to the experience for a whole new generation. One quote in particular, from his Memorial Day address before a group of veterans in 1884 in Keene, NH, would help to define the innaugural address and the Presidency of John F. Kennedy 75 years later.
"...it is now the moment when by common consent we pause to become conscious of our national life and to rejoice in it, to recall what our country has done for each of us, and to ask ourselves what we can do for the country in return." [1]
"In our youths, our hearts were touched with fire." [2]
"We have shared the incommunicable experience of war. We felt, we still feel, the passion of life to its top." [3]
Holmes opinions on law have also been frequently quoted.
"The question in every case is whether the words used are used in such circumstances and are of such a nature as to cause a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."[1]
"It is only the present danger of an immediate evil and an intent to bring it about that warrants Congress in setting a limit to the expression of opinion."[2]
"The life of the law has not been logic; it has been experience."[3]
Dudley-Winthrop Family
Prediction theory of law
^ Quoted in the book by Floyd Abrams, Speaking Freely (2005), Page 66.
^ Oliver Wendell Holmes Jr., Common Law (1881), Page 1.
In Our Youth Our Hearts Were Touched With Fire An Address Delivered on Memorial Day, May 30, 1884, at Keene, NH, before John Sedgwick Post No. 4, Grand Army of the Republic.
A Soldiers Faith Address Delivered on Memorial Day, May 30, 1895, at a meeting called by the Graduating Class of Harvard College.
Holmes, Oliver Wendell (1995). The Collected Works of Justice Holmes (S. Novick, ed.). Chicago: University of Chicago Press. ISBN 0-226-34966-7.
Alschuler, Albert W. (2000). Law Without Values: The Life, Work, and Legacy of Justice Holmes. Chicago: University of Chicago Press. ISBN 0-226-01520-3.
Novick, Sheldon M. (1989). Honorable Justice: The Life of Oliver Wendell Holmes. Boston: Little, Brown and Company. ISBN 0-316-61325-8.
Posner, Richard A., ed. (1992). The Essential Holmes: Selections from the Letters, Speeches, Judicial Opinions and Other Writings of Oliver Wendell Holmes, Jr.. University of Chicago Press. ISBN 0-226-67554-8.
11th Edition Encyclopædia Britannica (1911)
Collected Legal Papers
By Oliver Wendell Holmes
International Legal Historical Documents
Civil, Commercial And Criminal
Complete Poetical Works
Touched With Fire Civil War Letters And Diary


text:
Large scale document archive
Essential Margaret Thatcher
MT: online exhibition
Pre-PM
PM (1979-90)
US sources
Speeches, Interviews & Other Statements
1990 Jan 20 Sa
Archive (Cabinet Office)
German unification: No.10 memorandum of conversation (MT & President Mitterrand) [prospect of unification had turned them into "the 'bad' Germans they used to be"] [declassified 2010]
Document kind:
Memcon
Elysée Palace, Paris
Documents on British Foreign Policy: German Unification, 1989-90 (ed. Patrick Salmon et al, 2010), pp215-219
Journalist:
Editorial comments:
Documents in this comprehensive edition were declassified ten years ahead of time to mark the 20th anniversary of German unification. Material from the collection on this site can be read here.
Importance ranking:
Foreign policy (USA), Foreign policy (USSR & successor states), Foreign policy (Western Europe - non-EU), European Union (general), Defence (general), MT's meetings as PM
Letter from Mr Powell (No. 10) to Mr Wall
[WRL 020/1]
Secret and Personal
10 DOWNING STREET, 20 January 1990
Prime Minister's Meeting with President Mitterrand
The Prime Minister had lunch with President Mitterrand at the Elysée Palace in Paris today. The President's Diplomatic Adviser, M. Hennekinne, was also present. The President was at his most affable and courtly. Virtually the whole discussion was about German reunification and European security, with a broad measure of agreement, in particular on how the talks should be followed up. It was agreed that neither side would say anything to the press about the substance of the discussion.
The Prime Minister opened by saying that events were moving very fast in Germany and throughout Eastern Europe and the Soviet Union. She was concerned that the Western powers were cloaking their response to these developments in rather vague and general declarations and failing to get to grips with the full implications of them. West Germany was constantly pressing forward towards reunification, and the sort of linkages which Chancellor Kohl typically made between reunification and the ending of the division of Europe were not very convincing. Moreover the Germans seemed just to assume that they could bring East Germany into the European Community. It had been most unhelpful of M. Delors to appear to endorse that.
The Prime Minister continued that East Germany for its part seemed to be close to collapse. It was by no means impossible that we would be confronted in the course of this year with a decision in principle in favour of reunification of the two Germanies. This would confront us all with a major problem and could cause particular difficulties for Mr. Gorbachev, perhaps threatening his position and reforms. It was very important for Britain and France to work out jointly how to handle these developments. Beyond that, no two countries in Europe were more staunch than Britain and France on defence. We needed to sort out our thinking on the implementation of a CFE Agreement and our attitude to the inevitable pressure for further reductions thereafter. What she was really saying was that the time had come to turn the rather vague remarks in the conclusions of the Strasbourg European Council into firm policies.
President Mitterrand agreed that German reunification was a central theme for both Britain and France. The sudden prospect of reunification had delivered a sort of mental shock to the Germans. Its effect had been to turn them once again into the 'bad' Germans they used to be. They were behaving with a certain brutality and concentrating on reunification to the exclusion of everything else. It was difficult to maintain good relations with them in this sort of mood. Of course the Germans had the right to self-determination. But they did not have the right to upset the political realities of Europe. He did not think Europe was yet ready for German reunification: and he certainly could not accept that it had to take priority over everything else. The President continued that he thought West Germany was pushing for reunification harder than East Germany. At least this was the conclusion which he had reached from his visit to East Germany before Christmas. East Germany was far behind the West and people there did not like the idea of being 'bought' by West Germany. Even when meeting students in Leipzig, he had not detected any great enthusiasm for reunification. He was convinced that some of the demonstrations in East Germany in favour of reunification had been encouraged by West German 'agents', who had provided the banners and other material calling for reunification, although he was not saying they were necessarily sent by the West German government. But we had to recognise that the East German government was losing authority and there was a danger of disorder as well as economic breakdown. This could lead people to the conclusion that there was no alternative to reunification.
The President continued that we had to accept that there was a logic to reunification. But everything depended on the how and when, and on the reactions of the Soviet Union. Britain and France were arguing for caution. The trouble was that the West Germans did not want to hear this. They treated any talk of caution as criticism of themselves. Unless you were wholeheartedly for reunification, you were an enemy of Germany. Because the Prime Minister was such a close friend and they had a tradition of working together, he would tell her in strict confidence some things which he had said to Chancellor Kohl and to Herr Genscher. He had been very blunt with them. He had said to them that no doubt Germany could if it wished achieve reunification, bring Austria into the European Community and even regain other territories which it had lost as a result of the war. They might make even more ground than had Hitler. But they would have to bear in mind the implications. He would take a bet that in such circumstances the Soviet Union would send an envoy to London to propose a Re-insurance Treaty and the United Kingdom would agree. The envoy would go on to Paris with the same proposal and France would agree. And then we would all be back in 1913. He was not asking the Germans to give up the idea of reunification. But they must understand that the consequences of reunification would not just stop at the borders of Germany. The attitude of Italy, Belgium, the Netherlands, Britain and France in the discussions at the Strasbourg European Council should have been a warning to the Germans. Was it really in Germany's interest to ignore all this?
The President said that he drew the conclusion that it would be stupid to say no to reunification. In reality there was no force in Europe which could stop it happening. None of us were going to declare war on Germany. Nor judging by his statements was Mr. Gorbachev. There were the Four Power agreements and they served a useful purpose. But at the end of the day they could not prevent reunification. In short he agreed with the Prime Minister's analysis and shared her wish to talk all these issues through very carefully. Indeed she was the only person to whom he could talk frankly about them. But he was honestly at a loss what we could do.
The Prime Minister said she did not necessarily agree there was nothing to be done. If other countries all made their views felt together, then we could influence Germany. Indeed there were some signs that this was happening already. The instruments available to us were the obligation in the Bonn/Paris Convention to consult about the future of Germany, the Four Power Agreements, the Helsinki Final Act, the need for negotiation on East Germany's membership of the European Community and the inevitable requirement for a substantial transition period between a decision in principle on reunification and its realisation in practice. We should make use of all of these to slow down reunification. The Germans could not simply ignore these agreements or ride rough-shod over them. The trouble was that other governments were not ready to speak up openly. We should say to the Germans that reunification would come one day, but we were not ready for it yet. We should insist that agreements must be observed and that East Germany must take its place in the queue for membership of the Community. If we all spoke up, then the Germans would have to take some notice. German policy was to test how far they could go with the rest of us, and at the moment they were getting away with too much. She accepted that in the end reunification would come about. But we must find some way to slow it down.
President Mitterrand said that he agreed. But he came back once more to his main preoccupation: what means did we have? There would be nothing worse than to remind the Germans of their obligations but then find we had no means to enforce them. If we spoke harshly, we would not carry conviction. The Prime Minister said that we would if we acted together. For instance we could remind the Germans that they were constantly saying that reunification would only come about as part of ending the division of Europe. Yet we were a long way from that. We must turn the Germans' own statements against them. The decision over the East German membership of the European Community gave us some leverage. President Mitterrand said that French experience over the Schengen Agreement had been instructive. Chancellor Kohl had telephoned him to complain that the French were dragging their feet and must sign the agreement. He had given the necessary instructions to the French Interior Minister, only to find the next day that the Germans were insisting on expanding the agreement automatically to include East Germany. The Germans could not be allowed to throw their weight around like this. He had subsequently discovered incidentally that the East Germans had known nothing about it. The Prime Minister commented that this illustrated the importance of retaining the ability to block certain decisions. This was precisely the sort of approach we needed to adopt to slow down German reunification. Once France and Britain had worked out a common position, we should try to bring others such as the Italians and the Dutch to our point of view.
The Prime Minister continued that she thought that we had a stronger hand on German reunification than President Mitterrand believed. We must try to tie the Germans down on a substantial transitional period as well as on the aspect of East German membership of the Community. President Mitterrand commented that he was surprised by M. Delors statement on East Germany. He would also like the Prime Minister to know that he had declined to attend Chancellor Kohl's recent speech in Paris or to meet him. This was the first time for years that they had not met on such an occasion. He had wanted to make clear that what Kohl said in no way reflected France's views. He was much criticised in the French press for trying to stop the inevitable thrust of history and failing to understand the Germans. The Prime Minister said that she and President Mitterrand should stand together on this. The 1990s ought to be a decade of hope. We must not let it become a decade of fear. We must insist the Germans stand by agreements. President Mitterrand added that we should perhaps try to persuade the Soviet Union to stiffen East German resistance to reunification.
President Mitterrand said that he shared the Prime Minister's concerns about the Germans' so-called mission in central Europe. The Germans seemed determined to use their influence to dominate Czechoslovakia, Poland and Hungary. That left only Rumania and Bulgaria for the rest of us. The Poles would never come to like the Germans while the Oder-Neisse Line remained in question. Nor would the others want to be under Germany's exclusive influence. But they would need German aid and investment. The Prime Minister said that we should not just accept the Germans had a particular hold over the countries of Eastern Europe but do everything possible to expand our own links.
The Prime Minister added that Britain and France should also look at the position on the defence of Europe, which was no less worrying. There seemed to be growing opposition in West Germany to the presence of foreign troops. It was also clear that the West Germans and the Americans were determined to press ahead with further reductions in conventional forces after a first CFE agreement. She was absolutely determined to maintain adequate defence and believed the President thought in similar terms. We must also ensure that the Americans continued to keep forces and nuclear weapons in Europe.
The Prime Minister continued that she would like to suggest that our Foreign and Defence Ministers should each get together privately to talk over the issues of German reunification and the scope for closer defence cooperation between Britain and France, and report to the President and to her at the next bilateral summit or possibly earlier. President Mitterrand readily agreed. He enquired when the Summit would take place and, on being told, asked M. Hennekinne how this related to the date of the next Franco-German Summit. It might be better for him and the Prime Minister to meet before that. In any event, he would try to speak to M. Dumas in Dublin this evening and give him the necessary instructions to talk to the Foreign Secretary.
As you will be aware, I conveyed the gist of this to the Foreign Secretary this afternoon before his departure for Dublin. The sense of the meeting was clearly that Defence Ministers should also meet very soon. The Prime Minister did not hand over any speaking note to the President or offer to write to him in more detail about either German reunification or defence cooperation. But it would be in order for the Foreign and Defence Secretaries to draw on the more detailed material in the Foreign Secretary's papers on these subjects in talking to their French opposite numbers.
This letter contains extremely sensitive information and I should be grateful if it could be given a very limited distribution only. But Sir Ewen Fergusson in Paris should receive a copy since the Prime Minister mentioned it orally to him.
I am copying this letter, on a strictly personal basis to Simon Webb (Ministry of Defence).
C.D. POWELL
Copyright © Margaret Thatcher Foundation 2020. All Rights Reserved.


All the best with the Half Ironman Rowan. It'll probably be a little more difficult than our Miramar Peninsula makeshift triathlon in the late 80s. Remember? Glad to see one of us kept up the endurance racing!
Man you'll be finished by now… To think while I was lazing around today, you were pushing yourself to the limits, congratulations.


text:
Search only speeches by Douglas Ross Search all speeches
Results 1–20 of 51 for speaker:Douglas Ross in the 'Written Answers'
Written Answers — Scotland Office: Children: Poverty (8 Jan 2020)
Douglas Ross: This Office has regular discussions with the Secretary of State for Work and Pensions on a range of issues. The Hon. Lady will know, the Scottish Government also controls a number of powers to tackle poverty, and I believe that it is important that Scotland's two Governments work together to address the critical issue of child poverty.
Written Answers — Scotland Office: Devolution: Scotland (8 Jan 2020)
Douglas Ross: The UK Government is committed to having a constructive relationship with the Scottish Government. We continue to develop proposals for a package of reforms as part of the review on intergovernmental relations.
Written Answers — Ministry of Defence: Ministry of Defence: Harrow East (4 Nov 2019)
Douglas Ross: To ask the Secretary of State for Defence, what assessment his Department has made of the effect on the local economy in Moray constituency of (a) spending and (b) investment by (i) his Department and (ii) the armed forces since 2015.
Written Answers — Home Office: Emergency Services Network (9 Sep 2019)
Douglas Ross: To ask the Secretary of State for the Home Department, how many staff have been employed in the programme team to deliver the Emergency Services Network, in each month since that Network was established.
Written Answers — Home Office: Airwave Service and Emergency Services Network: Standards (6 Sep 2019)
Douglas Ross: To ask the Secretary of State for the Home Department, what criteria his Department plans to use to allow police forces to assess the comparative performance of Emergency Services Network and Airwave.
Written Answers — Foreign and Commonwealth Office: Palestinians: Politics and Government (12 Jul 2019)
Douglas Ross: To ask the Secretary of State for Foreign and Commonwealth Affairs, what recent assessment he has made of the implications of fighting between Hamas and Fatah for a two-state solution between Israel and the Palestinians.
Written Answers — Ministry of Defence: Maritime Patrol Aircraft: Procurement (8 Jul 2019)
Douglas Ross: What progress is being made on the delivery to the UK of the Poseidon MRA Mk1 (P-8A) aircraft.
Written Answers — Department for Work and Pensions: Winter Fuel Payments (10 Jun 2019)
Douglas Ross: To ask the Secretary of State for Work and Pensions, on how many occasions the winter fuel payment has been incorrectly paid; and what steps he has taken to recover those payments in each of the last three years.
Written Answers — Cabinet Office: Cabinet Office: Scotland (24 Apr 2019)
Douglas Ross: When he last met with Ministers from the Scottish Government; and what issues were discussed at that meeting.
Written Answers — Department for Business, Energy and Industrial Strategy: Living Wage: Moray (8 Apr 2019)
Douglas Ross: To ask the Secretary of State for Business, Energy and Industrial Strategy, how many workers received an increase in wages as a result of the rise in the national living wage on 1 April 2019 in Moray constituency.
Written Answers — Ministry of Defence: European Fighter Aircraft: Safety Measures (4 Feb 2019)
Douglas Ross: To ask the Secretary of State for Defence, pursuant to the Answer of 15 January 2019 to Question 206022 on European Aircraft: safety measures, how the mandatory requirement, based on industrial standards and internationally agreed definitions, for the Typhoon aircraft to be compliant with Part 13 sub paragraph 1.1.9.1 of MAA/Def Stan 00-970 (Aircraft Collision Avoidance System) is satisfied.
Written Answers — Ministry of Defence: Joint Strike Fighter Aircraft: Safety Measures (4 Feb 2019)
Douglas Ross: To ask the Secretary of State for Defence, how the mandatory requirement, based on industrial standards and internationally agreed definitions, for the F35 Lightening aircraft to be compliant with Part 13 sub paragraph 1.1.9.1 of MAA/Def Stan 00-970 (Aircraft Collision Avoidance System) is satisfied.
Written Answers — Foreign and Commonwealth Office: Israel: Malaysia (30 Jan 2019)
Douglas Ross: To ask the Secretary of State for Foreign and Commonwealth Affairs, what representations he has made to the Malaysian Government on the Malaysian Prime Minister's (a) comments on the State of Israel of the Jewish people and (b) decision to ban Israeli swimmers from participating in sporting events in that country; and if he will make a statement.
Written Answers — Ministry of Defence: European Fighter Aircraft: Safety Measures (15 Jan 2019)
Douglas Ross: To ask the Secretary of State for Defence, with reference to the tAIRPROX report No. 2018061, whether the Typhoon Enhanced Collision Awareness System will provide situation awareness of all aircraft that may be in the vicinity.
Douglas Ross: To ask the Secretary of State for Defence, pursuant to the Answer of 19 November 2018 to Question 189831 on European Aircraft: safety measures, what the timeframe is for the Typhoon aircraft to be compliant with Part 13 sub paragraph 1.1.9.1 of MAA/Def Stan 00-970 (Aircraft Collision Avoidance System).
Written Answers — Ministry of Defence: European Fighter Aircraft: Safety Measures (29 Nov 2018)
Douglas Ross: To ask the Secretary of State for Defence, pursuant to the Answer of 19 November 2018 to Question 189831 on European Fighter Aircraft: Safety Measures, and with reference to Regulatory Article 1205 para 1b, on what basis the operating duty holder's tolerable and ALARP safety statement for the Typhoon aircraft is made when considering the mid-air collision risk.
Douglas Ross: To ask the Secretary of State for Defence, pursuant to the Answer of 11 June 2018 to Question 149024, whether the planned Enhanced Collision Awareness System (ECAS) for the Typhoon aircraft is compliant with MAA/Def Stan 00-970 (Aircraft Collision Avoidance System), Part 13 sub paragraph 1.1.9.1, in particular Resolution Awareness.
Written Answers — Treasury: Whisky: Exports (16 Oct 2018)
Douglas Ross: To ask Mr Chancellor of the Exchequer, what estimate he has made of the value of Scotch whisky to UK exports in the last five years.
Written Answers — Department for Digital, Culture, Media and Sport: Whisky: Scotland (16 Oct 2018)
Douglas Ross: To ask the Secretary of State for Digital, Culture, Media and Sport, what assessment he has made of the contribution of Scotch whisky to tourism.
Written Answers — Scotland Office: Whisky: Scotland (16 Oct 2018)
Douglas Ross: To ask the Secretary of State for Scotland, what estimate he has made of the level of investment of the Scotch whisky industry in the Scottish economy in the last five years.
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text:
Nobody Runs Forever: A Last Good-bye to
Donald E. Westlake, Part I
Murch said, "You think we'll ever really get that stone? Maybe God wants us to go straight and this is kind of a gentle hint."
"If five jobs for the same emerald is a gentle hint," Kept said bitterly, "I don't want Him to shout at me." -- from The Hot Rock (1970)
He was too young.
That's what I remember thinking when I saw the news earlier this month that author Donald E. Westlake had died in Mexico at age 75. It just couldn't be possible. It had to be a different Westlake, or The New York Times had got it wrong, playing a joke on its readership. The man was simply too vital and full of life, wasn't he? That's the thing: Westlake's writing felt like the work of a man half his age, someone still hungry to make it as an author. His storytelling retained its interest right up to the end. Losing James Crumley stung. Losing Gregory Mcdonald was a blow. Losing Westlake? That hurt. Especially since he showed no signs of slowing down in his writing and never lost a step. A rare feat, indeed, dear readers.
I'm not going to bore you here with another biography of the man; if you want to learn more about the author's history, go read the essay I wrote about him last year after Mystery Ink's David J. Montgomery and I selected Westlake to receive the Gumshoe Lifetime Achievement Award.
Instead, I want to talk about Westlake's writing.
The best crime novels are character-driven, and as a result the plotting can be weak, though not usually bad enough to ruin the work. Westlake, however, could do it all. Famous for penning books on the fly, he somehow managed to create curvy and convoluted plots that were nonetheless airtight, and compelling without sacrificing character, atmosphere, or dialogue. The strong plotting actually emphasized the rest of his talents. I loved his use of running jokes, such as having unlucky thief John Dortmunder blurt out "John Diddums" ("It's Welsh") as an alias. And Westlake wasn't above making fun of himself, as he did in Jimmy the Kid (1974), which found Dortmunder and his gang copying a kidnapping plan from the pages of one of the Parker novels, written by Westlake under the pseudonym Richard Stark. The punch line there was that the events of the kidnapping were turned into a theatrical comedy, and Stark supposedly wrote an angry letter to a lawyer, complaining that having his novel ripped off was one thing, but having it made fun of … well, that was considerably worse. Westlake went on to try something similar in another Dortmunder book, Drowned Hopes (1990), wherein the gang gets part of its idea for a caper from a Joe Gores novel, 32 Cadillacs. Drowned Hopes is probably the best installment in Westlake's Dortmunder series, because the stakes are high. The gang has to recover a coffin full of money from behind of a dam, before a criminal named Tim Jimson (a clever nod to Jim Thompson, who wrote The Grifters, which Westlake adapted for the silver screen) blows the dam up, drowning the town below and killing thousands. It's an awesome, epic, and tightly plotted comedy.
Westlake wrote fast and could often turn out more than one book a year, which made publishers uneasy, so he started using aliases--Tucker Coe, Samuel Holt, Edwin West, and more. Doing that, he produced a truly mammoth body of work that included heist novels, private-eye novels, and even the occasional science-fiction story. The most renowned of his aliases was Richard Stark, under which he created the professional thief Parker. The genius of the Parker stories was how lean they were. There was absolutely no fat. A Parker novel was like a shark making its way through the ocean, looking for prey, and the reader was a trapped audience, compelled and too horrified to look away as Parker did whatever was necessary to achieve his goals. They were mean novels with cold, nihilistic hearts. There have been dozens of copycats over the years--some good, most of them bad, but none quite capturing whatever secret ingredient Westlake/Stark used to make the Parker books sing. The economy of words and language in that series was stunning. I'll admit to being a bigger fan of the Dortmunder novels and Westlake's standalones, but the Parker canon still holds a special place in my heart.
As everybody probably knows by now, the first Dortmunder novel, The Hot Rock, started out as a Parker novel, but as his protagonist kept failing to get the emerald, Westlake realized that the story was really a comedy. So he changed the main character's name to John Dortmunder (the surname being one he'd seen on a bar sign somewhere) and the rest was history. The author actually considered Dortmunder to be the more realistic series and the Parker books to be more in the realm of fantasy. Parker stole and killed for greed and an elevated sense of entitlement, while Dortmunder and his blue-collar cohorts stole to pay the rent and buy the necessities of life. Parker would get the parking space he needed; Dortmunder would have to park six blocks away. In the rain. Both were very smart criminals; however, Dortmunder always had a lot of bad luck--and not silly bad luck either, but causing the kind of foul-ups that could happen to anyone. Westlake never used a hammer when a scalpel would serve him better. And it's wrong to assume that Dortmunder always failed; he usually got away with something, even if it wasn't what he intended. Sometimes a Dortmunder novel would even turn into a revenge tale, as the thief and his associates tried to ruin the life of whoever had wronged them.
It's impossible to pigeonhole Donald Westlake as a certain type of writer. As soon as you're lulled into thinking you know how he works, he'll hit you with something completely different. Consider, for instance, 1969's Up Your Banners. It focused on a white teacher (the third in a line of men who all went into the teaching profession) who was working in '60s Harlem, just as segregation was experiencing its death throes. It's a comedy. Sort of. It's a social novel. Sort of. It's that rarest of novels: important. Slightly more than a decade later, he published a caper novel, Kahawa, set in Africa during the insane regime of Uganda's Idi Amin. It's an angry book, and in the foreward of the paperback edition Westlake explained that he couldn't possibly write something light when so many people were suffering and dying. Not if he wanted to be able to live with himself afterwards. Believe me, it's not a novel for the faint of heart.
My personal favorite of his standalone works is 1997's The Ax, about a man who loses his employment at a paper mill and thereafter devises a plan to kill anyone who's qualified for the job he used to do. It's the blackest of comedies, but horrifying in how far Westlake takes it. You won't like protagonist Burke DeVore, but as somebody with a mortgage and a kid in college during bad economic times, you'll certainly understand him. It's a frighteningly relevant book nowadays.
Early in his career, in the 1950s and '60s, Westlake composed a number of pulp porn novels, some under the pseudonym Alan Marshall and at least a couple in collaboration with Lawrence Block. Many years afterward, he penned a raunchy sex comedy, Two Much!, which was adapted into a lame and toothless vehicle for Antonio Banderas that didn't follow the book at all (for one thing, the protagonist in the novel was in the business of writing pornographic greeting cards). I'd have to give up reading any other novels, just to devour all of those credited to Westlake during his lengthy career. But I prefer to take my time, reading them as I happen to acquire them. Westlake is worth the investment and hours, and I don't want to go too quickly, because I know it will break my heart when I have nothing else by him to read. It hurts just thinking that this coming summer's Get Real will be the last new Dortmunder, or that last year's Dirty Money was the last we'll see of Parker.
Westlake had themes he would visit recurrently, such as racism and the ability of humans to be cruel to one another, as they are in Kahawa and the Parker novels. He liked to tackle religion, whether to show how it can be harmful and cause trouble (Don't Ask, 1993), or can be genuinely beneficial to some people (Good Behavior, 1987). Westlake appeared to harbor a special animosity toward rich fat cats who habitually look down on the lower classes and seem able to get away with anything. His characters often faced off with those wealthy yahoos, expressing such similar distaste that you could argue they were all the same guy with different names, perhaps every one of them based on the author himself. In The Ax, he wrote about life in white suburbia, and in his screenplay for the 1987 film The Stepfather, he satirized Ronald Reagan's White America, where one had to reach a certain standard of living in order to feel accomplished. The plot of that movie (not based on one of Westlake's books) was simple--it was about a man who'd marry into a family, and as soon as they disappointed him and his idea of perfection, he'd kill them and move onto the next unsuspecting clan.
Although he's gone now, Donald E. Westlake is in a sense immortal. His work has inspired dozens of writers who will in turn inspire even younger authors. Westlake was truly a force to be reckoned with. There will never be another novelist quite like him.
But don't just take my word for that. In tribute to the author, we asked dozens of his peers to share their memories of Westlake as a person and a wordsmith. The first batch of tributes appears below; a second set will be posted in The Rap Sheet tomorrow.
Charles Ardai, publisher of Hard Case Crime and author of the new paperback Fifty-to-One:
I first met Don Westlake in 2004, when I contacted him about letting Hard Case Crime reprint his long-lost novel 361. This wasn't my first exposure to him, obviously--I've been reading his books and short stories for as long as I can remember, very nearly as long as I've been reading, period. But this was the first time I'd ever interacted with the man personally. And the extraordinary thing was that from the very first e-mail message he wrote me, he exuded a warmth and camaraderie and wit and charm that made me feel we'd been old friends for years. He had an extraordinary gift (entirely apart from all his equally extraordinary gifts as a writer) for making you feel like part of his family, or like he was part of yours. And he was a mensch: a good human being, through and through. And funny--my god, the man could make an e-mail about nothing at all as funny to read as something out of his best books. I think he saved some of his best lines for e-mails to his friends. I loved opening my mail to see if he'd written me something, because I knew whatever it was it would put a smile on my face.
When we worked on Somebody Owes Me Money, I asked him if he'd consider revising the ending of the book. Why, he wanted to know. It was a 38-year-old book, after all. Well, I said, it's called Somebody Owes Me Money and it's about a guy who's owed money, and you get to the end of the book and the business about the money is never resolved. Another writer might have taken umbrage, or at least told me to take a hike, fly a kite, etc. Not Don. A few days later, I get a set of revisions by e-mail, and they're perfect. Just perfect.
In all, we worked on four books with Don: 361, Lemons Never Lie (written under his Richard Stark pseudonym), Somebody Owes Me Money, and the forthcoming The Cutie, which hits stores at the end of February. The Cutie is the first reprinting in years of Don's very first novel, originally published [in 1960] as The Mercenaries, and it's the first publication ever under the title he originally meant for the book to have. He was excited to see it come out, and it breaks my heart that he won't.
In one of our early e-mail exchanges about publishing his books, Don wrote, "I would love to see some of the earliest books back in print. Otto Penzler expressed surprise at that attitude once, till I told him, 'The difference between in print and out of print is precisely the difference between life and death.' Then he got it."
Earlier this month, Don Westlake went out of print. But as long as readers love great crime stories, his work never will.
Craig McDonald, author of Toros & Torsos:
This is one of those deaths--one of those losses--you can't really wrap your mind around. There's such depth and breadth to the man's work that even those who never read one of his novels published under his own name or a host of pseudonyms probably still saw a movie or TV treatment touched by Donald E. Westlake. You look at the man's biography and just marvel. And that's the other thing: 75 seems like a ripe old age, but with so many long-lived male crime writers, D.W. might easily have reached 80 or 85, which with his composition speed might have given us another dozen or so novels. Again, a loss too profound to comprehend.
Cornelia Read, author of The Crazy School:
One of the greats, gone far too soon. That Westlake was so prolific while maintaining such tremendously high quality as a writer is daunting for any author to contemplate; but his self-deprecating wit--extending even to the observations on his Web site--just makes me want to buy the man a drink in thanks. I'm saddened I never got the chance to.
Jeremiah Healy, the creator of private eye John Francis Cuddy and author of Turnabout:
I've always felt incredibly lucky to have been in the audience when Donald Westlake received the Grand Master Award from the Mystery Writers of America [in 1993]. I also had the privilege of serving with him on a number of panels held during an equal number of events. What I will always remember about Don is the extraordinary variety of voices through which he could tell crime-inspired stories. His passing is a seismic shudder in our "Force."
Linwood Barclay, author of the standalone thrillers No Time for Goodbye and Too Close to Home:
Donald Westlake could do it all. He could write funny, he could write serious, but most of all, he could just write. I loved his comic thrillers as much as his minimalist Parker novels, and while they seemed very different, they had much in common. An economy of language. Understatement. Brilliant plotting. Great dialogue. First Ed McBain, now Westlake--two of the greatest writers, in any genre, of the last 50 years.
Robert Ferrigno, author of Scavenger Hunt, Prayers for the Assassin, and Sins of the Assassin:
I never had the privilege of meeting Donald Westlake, but the joy he took in his work is evident on every page. If I had the chance, I would have thanked him for teaching me a couple of important things. One, that comedy is an essential part of good crime writing, both for the pleasure it gives readers, and because the only true criminal masterminds are on Wall Street. Most crooks are as nervous and inept as the rest of us, they just play for higher stakes. I'd also thank him for showing through the sheer numbers and vitality of his novels that writers never quit. Writers write. No excuses, no regrets, because there's always a story that has to be told, and we're the ones lucky enough to get tapped to do it.
Maggie Griffin, partner at Partners & Crime Mystery Booksellers, New York City:
Don Westlake is irreplaceable.
Gary Phillips, editor of Politics Noir: Dark Tales from the Corridors of Power:
I only met Donald Westlake one time, so I didn't know him as a person and wasn't much of a fan of his humorous novels, though I appreciated the adroitness with which he pulled them off. But his Parker books, from their initial run in the '60s and '70s and his return to the professional thief's arena taking him into this new seen-it-all century, still fuckin' rock me in place. Cold-blooded, clear-eyed, and efficient, and with not one wasted word in text or pacing, the Parker canon is the stuff that will last generations.
Peter Robinson, author of the forthcoming All the Colors of Darkness:
Richard Stark was one of the first writers that got me interested in crime fiction way back, and I felt honored to spend some time with Don and [his wife] Abigail at "Darkness in the Sunlight," a crime writers' conference held at Club Med in the Bahamas. I last saw Don at a book festival in Virginia a few years ago and we had dinner with a group of other writers. As ever, he was an intelligent, warm, and extremely funny dinner companion. I'll miss him, and so will the whole mystery community.
James O. Born, author of Burn Zone:
I met Donald Westlake at the Black Orchid Bookshop in New York just before my first novel came out. He was as friendly and funny as you would expect. Everyone who knew him mentioned how success had never gone to his head. His novels have a sarcastic, funny quality to them that captures real life the way we wished it played out. I could get lost in his novels for hours.
Joseph Wambaugh, author of Hollywood Crows:
Shortly after the publication of my first novel, I had the pleasure of reading Cops and Robbers [1972]. Both the novel and movie adaptation were written by the incredibly prolific Donald E. Westlake. His work helped me to realize the possibility of leavening my future cops tales with lots of gallows humor. But I knew that I'd never be able to match Mr. Westlake's ingenious plotting ability and nobody else would either. He was one of a kind.
Joe R. Lansdale, author of Leather Maiden and Vanilla Ride:
Oh, hell. I can't believe he's gone. I didn't really know Don. I met him once and he was fun and lively and witty, and I was honored to be in his presence. He could write anything and in any voice. I loved his Parker novels especially. He is a loss of immeasurable proportions.
Anthony Neil Smith, author of Yellow Medicine:
When it comes to Westlake, I can't say much. But when it comes to Stark, there's so much to say. Which is ironic, considering his name tells you what you need to know about him. Stark. Man of the fewest possible words. Only the necessary ones. But, holy shit, what great words. As a writer, I look at every page and wonder, "How many of these words would Stark cut out?" Then I try to do it myself.
Stark was minimalist crime fiction. The Parker books were stripped clean of the old staple of "justice." He made you root for the bad guy. It was all about the job, the story, the people stuck in the middle--which is why the second section of those books shifted point of view to a variety of supporting characters--and the consequences of getting in Parker's way. He was like the Angel of Death, judging none except those who had outlived their usefulness.
I came to Stark in grad school when I ordered Comeback [1997] on a whim along with The Ax. It made me blink a few times and do a one-eighty. While I'd known for a while that I wanted to write crime fiction, grad school in creative writing tends to screw with your head and make you want to be literary and important. But Stark books were important, and fun, and pure pulp. He wrote them as if it was the last thing he ever had to do and was already running late. And I'll read them again and again.
Losing Crumley, that was a hard one. The sense of wonder and weirdness that his work gave me--the sheer audacity to write that!--is forever seared in my mind. And now we've lost Richard Stark, who showed me that being a pulp writer was a damned fine thing for a man to be, and he should hold his head high in any company. And also: don't ever waste a word.
Gerald So, fiction editor of The Thrilling Detective Web Site and co-editor of The Lineup: Poems on Crime:
I feel as if I've only scratched the surface of Westlake's body of work. We never met, but despite the number and breadth of his stories, I feel I got to know him in every one I read--a tribute to his talent for and dedication to narrative voice.
Tim Maleeny, author of Greasing the Piñata and Jump:
I remember seeing Donald Westlake on a panel during Edgar [Awards] week, alongside several award-winning authors, and what struck me was that all the other writers were so clearly in awe of him. Despite their success, they saw him in a completely different sphere of influence. Read his books and you'll know why. His writing was so effortless, his sense of humor and observation so pitch-perfect, there was really nobody who came close. Westlake was in a class by himself.
Paul Johnston, author of The Death List:
Donald Westlake was a great hero of mine in my mid-teens and undoubtedly was a contributing factor to my becoming a crime writer. I have happy memories of being roundly criticized by one of my schoolteachers for bringing Point Blank [1962] to class. "Why are you wasting your time with that rubbish?" was his line of attack. Needless to say, I continued reading that brilliant novel between lessons and let its unique take on the revenge tale drip into my soul.
Thank you, Donald.
Jason Starr, author The Follower and Fake I.D.:
Donald Westlake was the true Grand Master. He had an enormous impact on the crime-fiction genre for six decades, and his impact will continue to be felt for decades to come.
Steve Brewer, author of Cutthroat:
Don Westlake was my hero. I am never more thrilled than when a reviewer or a reader compares my books to his. It means I'm getting closer.
Terrill Lee Lankford, author of the novels Blonde Lightning and Earthquake Weather:
I was making a sandwich in the kitchen when the guy kicked in the back door, screaming "Donald Westlake is dead!"
The phone rang. I picked it up and smashed the guy in the face with it before he could say another word. He grunted and hit the floor. I put the receiver to my ear. The voice on the other end said, "Richard Stark has died. They got Tucker Coe, too."
I said, "Go to hell," and hung up. I turned on the computer and went surfing.
It was true. Three of my favorite writers had died. All in one night. A great screenwriter as well. What more was there to say?
I grabbed The Hunter off the bookshelf, picked up a bottle of blended whiskey and a cigar, and went out into the backyard for a smoke, a drink, and a damn good read.
Bill Crider, author of Murder in Four Parts and Of All Sad Words:
Sometime in the middle to late 1960s, I picked up a copy of a nondescript paperback called The Hunter. I didn't have to read more than a page or so before I knew Richard Stark was a writer whose work I was going to follow. Which I did. I picked up books already published and then bought each one as it hit the twirling paperback racks. Wonderful stuff--and the current Stark books are, too. It's hard to believe that they're only a small portion of Donald E. Westlake's total output, a great deal of which I've read, enjoyed, and admired. The man was a master, one of a kind. He's gone much too soon, but at least he's left a tremendous body of work behind him. Now that the Stark books are being reprinted, some unsuspecting reader is going to come across one and be taken by surprise the way I was more than 40 years ago. He'll say, "Holy smoke! This is great!" And then go on to read all the others. A legacy like that is hard to beat.
Steve Hockensmith, author of The Black Dove:
Donald Westlake wasn't just great; he was great in a million, totally different ways. The Ax is not The Hunter is not The Hot Rock is not the film version of The Grifters--not by a long shot. But they're all classics. I'm sure there would have been a lot more classics to come if we hadn't lost him when we did.
Thomas Perry, author of Runner:
Donald Westlake was a national treasure. He could write funny, startling, suspenseful books with an ease and grace that the rest of us can only contemplate with admiration and wonder. Thinking about his work makes me wish I'd written him a fan letter before now. But I'm sure he would have done that better and faster too.
James Sallis, author of Salt River:
The last time I saw Don Westlake, I told him that my next novel was dedicated, in part, to him. He laughed and, mugging heartily, got onto the elevator. That book was Drive, in which I tried for a contemporary version of the sort of novels he'd been writing back in the Stark/Parker days.
The world is a far bleaker place without him. Donald Westlake was not only an example to me and hundreds of other writers, not only someone from whom we cribbed shamelessly; he is a part of the very way in which we experience our worlds.
James Reasoner, author of Dust Devils:
Donald E. Westlake moved back and forth between genres as effortlessly, and as well, as any writer who ever lived. He was one of the giants of the mystery field, a personal favorite of mine for more than 40 years, and I'll really miss his work.
Michael Simon, author of The Last Jew Standing:
More than any crime writer since Damon Runyon, Donald Westlake redefined crime fiction by showing it through the lens of comedy. And he redefined heroes by showing us that they could also be schmucks.
Reed Farrel Coleman, author of Empty Ever After:
Donald Westlake should serve as an example to everyone in the community. Although I wasn't well-acquainted with Mr. Westlake, we had shaken hands a few times and exchanged some pleasantries. What amazed me about the man, beyond his prodigious talent and staggering production, was his dedication to the art and craft of crime-fiction writing. He never let the fame, success, or accolades outshine what was truly important: the work. If there was any one writer who exemplified what a Mystery Writers of America Grand Master should be, Donald Westlake was that man.
(Author photograph by Mary Reagan. Used with permission.)
(Part II of the Westlake tribute can be found here.)
Posted by Cameron Hughes at 5:50 PM
Labels: Cameron Hughes, Donald E. Westlake
Corey Wilde said...
This is a wonderful tribute to Mr. Westlake, and I thank you for it. Problem is, I'm still in denial. He can't be gone, damn it.
Bill Cameron said...
I think Corey says it too well. The more time that passes, the harder it is for me to accept. Thank you for this, Cameron.
Randy Johnson said...
He left us much too soon. The Parkers were my favorites, but, just yesterday, I finished The Ax and I DID sympathize a bit with Devore. Not the murderous impulses, but I've been through that downsizing three times in my working life. My business was textiles, though, instead of paper.
The only consolation, not much, is the fun catching up on all the books I haven't read.
Dammit, I'd much rather be falling farther behind as each new book came out.
A wonderful 'hommage' to the great writer. But isn't it time that his books were reprinted and not only collectors items at vast prices. Hope I am still alive the day I can finally get all the books I want without having to imagine robbing a bank, with Dortmunders help, to pay for them.


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text:
Evelyn Kuwertz EN
Nature Observations
Texts / Press
Besides Berlin, Evelyn Kuwertz also looks at other European metropolises. Starting with Toulouse, she creates paintings of the following cities: Paris, Palma de Mallorca, Barcelona and Rome. At the same time, the interest in observing nature arose: the change in the daily light moods in the morning, within hours, these moments, were recorded in small oil sketches, which now form part of the oeuvre. The group of works Répétition consists of mixed media, screen printing and woodcuts. Inspired by modern dance, the movements are transferred directly into symbolic forms that reflect the dynamics of the dance. The Mouvements are representations of life-size figures in motion that correspond to the space. The tension between the individual and urbanity runs through the work as a permanent motif and finds its most concrete expression in the portrait. Related to the public space or focused on the face.
movement / répétition
potsdamerplatz
www.evelyn-kuwertz.berlin
www.evelyn-kuwertz.berlin this web site concentrates on images and drawings that are related to the history of the city of Berlin; originated in a period of 20 years, from 1979 to 1999. Berlin was also the sphere of activity of Kuwertz feminist engagements, together with other artists she was the initiator and curator of fundamental women's art.