text:
Q: App crashes in the android studio emulator in maps activity I have created a google map activity in android studio. I have also generated an api key from the link given and placed it in the appropriate place. But when I run the app it crashes without displaying anything. Here is the logcat
2018-12-19 16:13:00.080 17295-17295/? I/ik7.locationap: Not late-enabling -Xcheck:jni (already on)
2018-12-19 16:13:00.312 17295-17295/? W/ik7.locationap: Unexpected CPU variant for X86 using defaults: x86
2018-12-19 16:13:00.667 17295-17295/com.example.nik7.locationapp W/ik7.locationap: JIT profile information will not be recorded: profile file does not exits.
2018-12-19 16:13:00.669 17295-17295/com.example.nik7.locationapp I/chatty: uid=10087(com.example.nik7.locationapp) identical 10 lines
2018-12-19 16:13:00.670 17295-17295/com.example.nik7.locationapp W/ik7.locationap: JIT profile information will not be recorded: profile file does not exits.
2018-12-19 16:13:00.733 17295-17295/com.example.nik7.locationapp I/InstantRun: starting instant run server: is main process
2018-12-19 16:13:01.001 17295-17295/com.example.nik7.locationapp I/zzbz: Making Creator dynamically
2018-12-19 16:13:01.022 17295-17295/com.example.nik7.locationapp W/ik7.locationap: Unsupported class loader
2018-12-19 16:13:01.023 17295-17295/com.example.nik7.locationapp W/ik7.locationap: Skipping duplicate class check due to unsupported classloader
2018-12-19 16:13:01.033 17295-17295/com.example.nik7.locationapp I/DynamiteModule: Considering local module com.google.android.gms.maps_dynamite:0 and remote module com.google.android.gms.maps_dynamite:221
2018-12-19 16:13:01.033 17295-17295/com.example.nik7.locationapp I/DynamiteModule: Selected remote version of com.google.android.gms.maps_dynamite, version >= 221
2018-12-19 16:13:01.033 17295-17295/com.example.nik7.locationapp V/DynamiteModule: Dynamite loader version >= 2, using loadModule2NoCrashUtils
2018-12-19 16:13:01.113 17295-17295/com.example.nik7.locationapp W/ik7.locationap: Unsupported class loader
2018-12-19 16:13:01.131 17295-17295/com.example.nik7.locationapp W/ik7.locationap: Skipping duplicate class check due to unsupported classloader
2018-12-19 16:13:01.180 17295-17295/com.example.nik7.locationapp I/Google Maps Android API: Google Play services client version: 12451000
2018-12-19 16:13:01.192 17295-17295/com.example.nik7.locationapp I/Google Maps Android API: Google Play services package version: 14799040
2018-12-19 16:13:01.319 17295-17295/com.example.nik7.locationapp W/ik7.locationap: Accessing hidden field Ljava/nio/Buffer;->address:J (light greylist, reflection)
2018-12-19 16:13:01.712 17295-17295/com.example.nik7.locationapp D/OpenGLRenderer: HWUI GL Pipeline
2018-12-19 16:13:01.877 17295-17341/com.example.nik7.locationapp I/ConfigStore: android::hardware::configstore::V1_0::ISurfaceFlingerConfigs::hasWideColorDisplay retrieved: 0
2018-12-19 16:13:01.878 17295-17341/com.example.nik7.locationapp I/ConfigStore: android::hardware::configstore::V1_0::ISurfaceFlingerConfigs::hasHDRDisplay retrieved: 0
2018-12-19 16:13:01.878 17295-17341/com.example.nik7.locationapp I/OpenGLRenderer: Initialized EGL, version 1.4
2018-12-19 16:13:01.878 17295-17341/com.example.nik7.locationapp D/OpenGLRenderer: Swap behavior 1
2018-12-19 16:13:01.883 17295-17341/com.example.nik7.locationapp W/OpenGLRenderer: Failed to choose config with EGL_SWAP_BEHAVIOR_PRESERVED, retrying without...
2018-12-19 16:13:01.883 17295-17341/com.example.nik7.locationapp D/OpenGLRenderer: Swap behavior 0
2018-12-19 16:13:01.907 17295-17341/com.example.nik7.locationapp D/EGL_emulation: eglCreateContext: 0xe8310280: maj 2 min 0 rcv 2
2018-12-19 16:13:01.913 17295-17341/com.example.nik7.locationapp D/EGL_emulation: eglMakeCurrent: 0xe8310280: ver 2 0 (tinfo 0xe7093fa0)
2018-12-19 16:13:02.025 17295-17341/com.example.nik7.locationapp D/EGL_emulation: eglMakeCurrent: 0xe8310280: ver 2 0 (tinfo 0xe7093fa0)
2018-12-19 16:13:02.034 17295-17338/com.example.nik7.locationapp D/EGL_emulation: eglCreateContext: 0xe9d05f00: maj 1 min 0 rcv 1
2018-12-19 16:13:02.229 17295-17338/com.example.nik7.locationapp D/EGL_emulation: eglMakeCurrent: 0xe9d05f00: ver 1 0 (tinfo 0xe9d03470)
2018-12-19 16:13:02.564 17295-17319/com.example.nik7.locationapp D/NetworkSecurityConfig: No Network Security Config specified, using platform default
2018-12-19 16:13:03.305 17295-17319/com.example.nik7.locationapp E/AndroidRuntime: FATAL EXCEPTION: Thread-6
    Process: com.example.nik7.locationapp, PID: 17295
    java.lang.NoClassDefFoundError: Failed resolution of: Lorg/apache/http/ProtocolVersion;
        at ez.b(:com.google.android.gms.dynamite_mapsdynamite@14799084@14.7.99 (100700-223214910):3)
        at ey.a(:com.google.android.gms.dynamite_mapsdynamite@14799084@14.7.99 (100700-223214910):3)
        at fa.a(:com.google.android.gms.dynamite_mapsdynamite@14799084@14.7.99 (100700-223214910):15)
        at com.google.maps.api.android.lib6.drd.al.a(:com.google.android.gms.dynamite_mapsdynamite@14799084@14.7.99 (100700-223214910):6)
        at ed.a(:com.google.android.gms.dynamite_mapsdynamite@14799084@14.7.99 (100700-223214910):21)
        at ed.run(:com.google.android.gms.dynamite_mapsdynamite@14799084@14.7.99 (100700-223214910):8)
     Caused by: java.lang.ClassNotFoundException: Didn't find class "org.apache.http.ProtocolVersion" on path: DexPathList[[zip file "/data/user_de/0/com.google.android.gms/app_chimera/m/00000015/MapsDynamite.apk"],nativeLibraryDirectories=[/data/user_de/0/com.google.android.gms/app_chimera/m/00000015/MapsDynamite.apk!/lib/x86, /system/lib]]
        at dalvik.system.BaseDexClassLoader.findClass(BaseDexClassLoader.java:134)
        at java.lang.ClassLoader.loadClass(ClassLoader.java:379)
        at ad.loadClass(:com.google.android.gms.dynamite_dynamiteloader@14799084@14.7.99 (100700-223214910):4)
        at java.lang.ClassLoader.loadClass(ClassLoader.java:312)
        at ez.b(:com.google.android.gms.dynamite_mapsdynamite@14799084@14.7.99 (100700-223214910):3)
        at ey.a(:com.google.android.gms.dynamite_mapsdynamite@14799084@14.7.99 (100700-223214910):3)
        at fa.a(:com.google.android.gms.dynamite_mapsdynamite@14799084@14.7.99 (100700-223214910):15)
        at com.google.maps.api.android.lib6.drd.al.a(:com.google.android.gms.dynamite_mapsdynamite@14799084@14.7.99 (100700-223214910):6)
        at ed.a(:com.google.android.gms.dynamite_mapsdynamite@14799084@14.7.99 (100700-223214910):21)
        at ed.run(:com.google.android.gms.dynamite_mapsdynamite@14799084@14.7.99 (100700-223214910):8)
2018-12-19 16:13:03.338 17295-17295/com.example.nik7.locationapp E/SchedPolicy: set_timerslack_ns write failed: Operation not permitted
2018-12-19 16:13:03.379 17295-17319/com.example.nik7.locationapp I/Process: Sending signal. PID: 17295 SIG: 9

This is the compelte log.I have even tried by removing the restrictions but that didn't work. Whats the issue here. I have also seledted api 23 marshmallow. I have done nothing except entering the api key in its place
EDIT: I also included the key in the manifest but still the app is crashing
<meta-data
        android:name="com.google.android.geo.API_KEY"
        android:value="YOUR_API_KEY"/>

A: EDIT:
Seems to be an issue in API 28
To fix it add this code under application  in your manifest file:
<uses-library android:name="org.apache.http.legacy" android:required="false"/>

Its probably because you dont have google play services installed. If you ran the app on your actual phone it would work just fine.

A: To fix it, you either add this line of code inside the  in the manifest
<uses-library android:name="org.apache.http.legacy" android:required="false"/>

Or
 to upgrade your  play-services-maps in build.gradle to
implementation 'com.google.android.gms:play-services-maps:16.1.0'

That worked for me


text:
New Release Review: Hot Alphas (Wounded Warriors #3) by Lora Leigh, Laurelin McGee, Shiloh Walker & Kate Douglas
Posted by Eva Millien on May 30, 2015 at 5:00am
What the book has to say:
In Erin's Kiss by Lora Leigh, ex-Marine Turk has become Erin's sworn protector. The consistent target of her CIA-operative brother's deadly foes, Turk is the only port Erin has to cling to in a storm. He promised her brother long ago never to touch her—but how can he resist a woman who aches to be with him as much as he burns for her?
In misTaken by Laurelin McGee, Jaylene Kim is a strong independent woman whose feminist values run deep. Even though attractive men are her weakness the last thing she wants is one telling her what to do. Until she meets her mysterious new neighbor. He makes her realize that you can still be strong and relinquish control . . . in the bedroom. But as their passion consumes them both Jaylene isn't so sure he is who he says he is.
In Burn for Me by Shiloh Walker, Tate longs to spend his nights with Ali, a woman he's loved for years. But while Ali's heart pines to be with Tate, her head has reservations. Ali knows that Tate has never forgiven his father for the fight he had with his mother right before she left the house—and was never heard from again. Tate's unresolved anger is a force to be reckoned with . . . but the heat that blazes between them is undeniable. Now both Tate and Ali are left to wonder: Can love really conquer all?
In Tangled by Kate Douglas, Nate shows up to work at Tangled Vineyards ready to do all the things he loves best—work with his hands, grow the grapes, and craft award-winning, full-bodied wines. But when something better comes along in the form of Cassie, the winemaker and former owner of the vineyard, Nate becomes completely love-drunk. Getting involved with Tangled's number-one mixologist is a bad way to start off a new job, but with Cassie as a constant temptation, Nate doesn't stand a chance…
What I have to say:
Four stories where staying single doesn't stand a chance against a love that is determined to conquer all objections in these riveting contemporary romances. The authors bring their stories to life with will written scenes and great attention to detail that makes it easy for the readers to become completely caught up in each one, or at least I certainly did. Individually each story in this entertaining anthology rated between three and five, so sit back relax and enjoy!
See my full review at:
http://paranormalhaven.com/2015/05/review-hot-alphas-anthology.html
Purchase Links:
A: http://www.amazon.com/Hot-Alphas-Lora-Leigh-ebook/dp/B00OXLEKBW/ref...=
BN: http://www.barnesandnoble.com/w/hot-alphas-lora-leigh/1120204969?ea...
BAM: http://www.booksamillion.com/p/Hot-Alphas/Lora-Leigh/9781250066886?...
K: https://store.kobobooks.com/en-US/ebook/hot-alphas
BD: http://www.bookdepository.com/Hot-Alphas-Lora-Leigh/9781250066886
St. Martin's Griffin, May 19 2015, 368 pages, ebook & print
https://www.goodreads.com/book/show/23014762-hot-alphas?ac=1
Connect with the authors at:
Lora Leigh:
http://www.loraleigh.com/
http://loraleighsmuse.blogspot.com/
http://www.facebook.com/#!/loraleighauthor
http://www.ellorascave.com/author/lora-leigh/
https://www.goodreads.com/author/show/2614.Lora_Leigh
http://www.twitter.com/BreedWriter
Laurelin McGee:
http://laurelinpaige.com/mcgee/index.html
https://www.facebook.com/LaurelinPaige
https://www.goodreads.com/author/show/8475687.Laurelin_McGee
Shiloh Walker:
http://www.shilohwalker.com/
http://www.facebook.com/AuthorShilohWalker?ref=tn_tnmn
http://twitter.com/shilohwalker
http://www.pinterest.com/shilohwalker
http://shilohwalker.tumblr.com/
https://www.goodreads.com/author/show/96909.Shiloh_Walker
Kate Douglas:
http://www.katedouglas.com/
https://www.facebook.com/KateDouglas.authorpage
http://twitter.com/wolftales
https://www.goodreads.com/author/show/16155.Kate_Douglas

redpajama_set_name: RedPajamaCommonCrawl


text:
Suspected Terrorists Arrested Ahead of Asian Games
Almost 40 suspected terrorists have been arrested in the West Java region in the build-up to the Asian Games in Jakarta and Palembang, it has been announced. Photo: Financial Tribune
By Nick Butler |
Almost 40 suspected terrorists have been arrested in the West Java region in the build-up to the Asian Games in Jakarta and Palembang, it has been announced.
West Java police confirmed that they had arrested "at least" 37 suspected terrorists, according to the Jakarta Post, as part of counter terrorism measures in the build-up to the Games.
Most of those under investigation are reportedly part of banned terror network Jamaah Ansharut Daulah (JAD).
The network are a splinter group of Jemaah Islamiyah, the organisation responsible for the Bali bombing in 2002.
"We carried out proactive measures against the JAD, which has the potential to commit acts of terror," said West Java Police chief inspector general Agung Budi Maryoto after leading a seminar for Asian Games security in Bandung.
The arrests were made between May and August across different towns in the province.
Five sports are due to take place in West Java during the Asian Games.
These are football, paragliding, modern pentathlon, canoe slalom and mountain bike and road cycling.
Indonesia will employ 40,000 troops and police officers during the Games, which Jakarta is co-hosting with Palembang in Sumatra between August 18 and September 2, to prevent street crime and potential terrorist attacks.
Another 10,000 police officers will be on standby in Jakarta, while hundreds of closed circuit television surveillance cameras have been installed inside and outside sports venues.
There will be 40 sports, 67 disciplines and 465 events, with a record number of athletes – 11,300 from 45 National Olympic Committees – due to take part in the Games.
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PRIME Minister Scott Morrison has called out "radical, violent, extremist Islam" as posing the greatest threat to Australia's national security.
Speaking in response to the Bourke Street terror attack, Mr Morrison said he was the first person to protect religious freedoms.
"But that also means I must be the first to call out religious extremism," he said at a press conference in Sydney on Saturday.
Mr Morrison made it clear no religion was immune and it took many forms around the world.
"But here in Australia, we would be kidding ourselves if we did not call out the fact that the greatest threat of religious extremism in this country is the radical and dangerous ideology of extremist Islam," he said.
Mr Morrison said he had long-standing relationships with the Muslim community and it was them who had raised with him their concerns about radicalism in recent years.
"I have sat in the living room of a family whose four sons went and fought for ISIS," he said.
Mr Morrison urged religious leaders to protect their communities to ensure "dangerous teachings and ideologies" didn't spread in Australia.
"They must be proactive, they must be alert and they must call this out in their communities," he said, adding the government and wider community needed to work respectfully with them.
Mr Morrison also urged Australians not to be intimidated by Friday's attack.
"Keep being yourselves, keep being Australians," he said.


For all my readers out there who are grain-free, I present to you these coconut flour chocolate chip cookies!
Since moving to a different country, I've been short on baking supplies. At the moment I have one round cake pan, a sheet cake pan, and bread pans. (All of these pans were given to me, which I'm really grateful for).


Professional Process Service and Investigations hired a web developer who failed to meet their expectations. Not only did they pay 2 times more than what they paid Investigator Marketing, PPSI received a webpage that failed to incorporate current internet practices.
PPSI needed a complete re-design of their website and marketing campaigns. The site needed to incorporate images that matched his brand and needed to have basic SEO services incorporated into the page to help him rank higher in google.
We were able to design and install a website that was easy to navigate, and it delivered their message across the right people. The site was completed 48 hours after receiving the assignment.


no winner. Next draw on 26th march for E11,800. Thank you all for your continued support.
We remind all GAA members that membership fees are now due and must be paid before March 31 2019. Of course, players must pay before they play or train. Membership Fees are Adults €50 and under 18s, Students and Senior Citizens €35.
The Annual St. Patricks Juvenile GAA Walk/Run will be held on St. Patricks Day Sunday 17th March commencing at 12.00 from Drangan Community Hall and finishing at The GAA Club Rooms at Anner Park Cloneen. Entry Fee is €10 per person or €20 per family.
On Sunday last our under 12B footballers got their year off to a good start with a 3-2 to 0-5 victory over Clerihan in Clerihan. The team was: Cormac Duggan, Cathal Keane, Mike O'Dwyer, Oran Gahan, Charlie Noonan, Eoin Morrissey, Seán Fitzgerald, Michael Hayden, Michael Cuddihy, Joey Fitzgerald, Nathan Gleeson, Dane Outram, Tom Lee, Tom Ryan.
Due to the bad weather our game against Carrick Swans last Sunday was postponed.
Our Junior Hurlers played their first game of the year on Sunday last. Rockwell Rovers were the opposition in the first round of the County Hurling League in New Inn. The game was played in wintery conditions and at one stage in the second half it looked like the game might have to be abandoned as a result of the conditions. We went in at half time only 3 points down despite playing against the wind. In the second half at one stage we went 8 points behind but managed to pull it back to the minimum near the end but unfortunately that was as close as it got and we ended up losing on a scoreline of 1-13 to 1-11. The team on the day was: Willie O'Brien, Conor Corey, Eoin Ryan, Paddy Moroney, Ciaran Mockler, Richie Needham, Nicky Kearney, Joey Noonan, Conor Duggan, Robbie Meagher, Tony O'Brien, Mark Mullally, James Fitzgerald, Brian McCormack, Jamie Broderick, Barry O'Dwyer, Michael Boland, Cathal Mahoney, Sean Ryan, Mikey O'Brien.
Our Junior Hurlers are out next weekend against Moycarkey in the County League. Keep an eye on our Facebook and Twitter pages for fixture details.
Sunday March 31 in Monroe at 12.00 Anner Gaels V Cahir.
Under 14 Football Championship will commence on Thursday April 11.
Congratulations to Fr. Tony Lambe PP who won €200 in the Co. Draw held on Friday last in Harneys Final Furlong Bar in Clerihan.
The Annual St. Patricks Juvenile GAA Walk/Run will be held on Sunday 17th March commencing at 12.00 from Drangan Community Hall and finishing at The GAA Club Rooms at Anner Park Cloneen. Entry Fee is €10 per person or €20 per family.
Our minor footballers suffered a defeat at the hands of Ballyporeen in the first round of the South Tipperary Minor A Football Championship played in Cahir on Sunday last in atrocious weather conditions. The team was: Tyler McCormack, Jack O'Donoghue, Keith Morrissey, Darragh Hall, Richie Anglim, Cathal O'Mahoney, Pauric O'Brien, Darragh Hurley, Peter Wall, Robbie Hackett, Ciaran Moroney, Ryan Walsh, Mikey O'Brien, Stephen Crotty, Aidan Fitzgerald, Cathal Foley, Ryan Crannitch, Keenan Ahearne. It was great to see Darragh hall back in action after missing all of last year due to injury.
Our Junior Footballers got their year underway last Sunday when they played Nenagh in the first round of the County Football league. The game was played in terrible conditions as torrential rain before and during the game made the pitch almost unplayable. It took both teams a while to get used to the conditions and as a result the first half was a low scoring affair where we led by the minimum on a scoreline of 1-2 to 4 points. The second half we took control and ended up winners on a scoreline of 3-7 to 7. The team on the day was: Marcus O'Halloran, Conor Gorey, Paddy Moroney, Barry O'Dwyer, Ciaran Mockler, Conor Duggan, Eoin Ryan, Richie Needham, Mark Mullally, Darren Boland, Aidan Buckley, Nicky Kearney, Jamie Broderick, Tony O'Brien, Joey Noonan, Conor Clancy, Michael Boland, James Fitzgerald, Willie O'Brien, Kieran O'Brien, Cathal Mahoney.
Congratulations to Joe Hackett Newtown who won €200 in the Co. Draw held in Fethard on Friday recently. The March draw will be held in Harneys Final Furlong Bar in Clerihan on this Friday night 8th March at 10.00pm. We ask all members to bring their subscriptions up to date.
Niall Mockler, Cloneen and Ann Cotter.
Next draw on March 12 for jackpot of €11,600.
Thanks you all for your continued support as it all goes back into our club.
next draw on 12th march for jackpot of E11,600.
thank you all for your continued support as it all goes back into our club.


text:
2006 in Review, Part 3
In Western PA Conference, what were the big stories of 2006?
Those of us who moved to new appointments, of course, would make that our de facto #1! And, of course, each of us in our specific appointments dealt with issues of great import.
But the following issues tended to be the ones (in my view) which dominated our connectional conversations in our Conference. I've chosen 6, for 2006.
6) Pittsburgh Steelers win the Super Bowl
Our people were certainly affected by the celebrations and joy surrounding the team's first Super Bowl championship in 26 years. Excitement was in the air, and, for many of us, it seemed that Christmas 2005 didn't end until Super Bowl Sunday! What a wonderful distraction!
5) Jeff Greenway & Asbury
Rumors abounded, and much of the rumor mill was surely sinful. In my view, we were given a reminder of the importance of prayer and support for a colleague (and his family); this is part of why we have a connection! I would encourage all of us in Western PA to keep Jeff and his family on our prayer lists in 2007.
4) Celebrating 50 years of ordained Women Clergy in American Methodism
Bishop Violet Fisher was a wonderful leader at our gathering in Grove City. I found the celebrations to be extremely moving, and the recognition of what our female colleagues deal with and have accomplished to be long overdue. I pray we can continue to find ways to fight the rampant sexism in our connection and in the Church Universal, which can prevent women from answering the the Lord's call to pastoral ministry, offend the Spirit of God, and deny the Church some of its brightest possibilities.
3) The "Believe Again" strategic plan
None of us can know if the plan will bear fruit, but I think most of us appreciated the attempt to do something. It's an imperfect plan, to be sure, and will require much tweaking as we move forward, but - Hallelujah! - we're trying.
2) Ongoing mission efforts, esp. regarding Hurricane Katrina
What a blessing to see people mobilized for ministry...real ministry! Hopefully, we learned from our Spirit-led efforts in 2005 and 2006, and will continue missional involvement. I have great hopes for VIM (Volunteers in Mission) in our Conference. This can, and ought to be, be a key to revival in western Pennsylvania.
1) Bishop Bickerton's continuing optimism
We are blessed to have Bishop Bickerton as our episcopal leader. Truly blessed. We may not agree with all of his decisions; we may not agree with every idea he supports. But I believe we have a leader who is really interested in ministry, in trying new things, and in taking risks for the Kingdom. As we move into 2007 and the horrors of General Conference elections and legislation, let's continue to give thanks to the Lord for Bishop Bickerton, and promise to keep our bishop, his family, and his Cabinet in prayer every day.
May God bless each of us and our connection in 2007!
Back to Part 1 (Crosswalk) or Part 2 (Barna).
Labels: church, emergent, leadership, umc
Hi this is my first time posting, I've been following your blogg for about two months now. I just wanted to let you know, that I think the Steelers winning the superbowl was a big deal to many people in the Easter PA conference. At least it was to me :)
Dan Wilt said...
Great work here. Keep up your blog. From a fellow Pennsylvanian and former United Methodist.
What I Got for Christmas
NFL Rankings - Week 16
Farewell James Brown
The Christmas Miracle
Merry Christmas from U2
Top 10 Christmas movies
Top 10 Christmas TV specials
Top 10 Christmas Albums (CDs)
Merry Christmas from Harry Reasoner
Merry Christmas from Sting
Merry Christmas from Nat King Cole
The Blessed Virgin
Am I a heretic?
Merry Christmas from Brenda Lee
Merry Christmas from George Harrison
Sunday's preaching text
Farewell Peter Boyle
Merry Christmas from Paul & Linda (& Wings)
Church funny
Farewell J. Kenneth Grider
Preaching texts for Advent 2
Merry Christmas from John & Yoko


text:
The Problem with Automation
Dear Humanity, We Have a Broken System
Why Automation Doesn't Improve Our Standard of Living
Why does the Economy Invest in Robots Instead of Our Own Lives?
The Hidden Danger of Workforce Automation
Engineering the Economy
The Curious Wealth of Cornelius Vanderbilt
How To Engineer the Government Out of Debt…. The Debt Solution
What America Can Learn From the Economic Failure of 1861
Income Inequality outside the box
10 Reasons Why Everyone Should Be Reading "Optimizing America"
Sell Bitcoin: It's Doomed
The Unrealistic Wealth of Our Nation
Ending the Never-Ending War
History of Our Financial System — How Banks Ended Up in the Federal Reserve
The Consequences of a Slave Nation
The Higher the Climb, The Harder the Fall
The Making of Justin Wolfe
OPTIMIZING AMERICA
Hacking the American Economy
America's History of Empowering Wealth
Meet Jarl Jensen
Praise for Optimizing America
Join me on Medium
Home•The Making of Justin Wolfe
Justin Wolfe is the main character in the book, Optimizing America. In the book, Justin is reluctantly running for president. He is reluctant because he knows there is a big price to pay for being scrutinized by both the media and opposition research. Presidential elections always come down to a choice between two seemingly poor candidates- the choice between two evils. Justin cleverly analyzes the last few presidents for flaws as a way to shield himself from scrutiny.
George W. Bush talked about being a compassionate conservative. Justin Wolfe is more than just compassionate. His ideas will actually make lives better. Justin believes that compassion is not an accomplishment; it's a mindset. Justin is not motivated to help those that are excluded but to change the system so everyone is included.
"We need the economy to produce so many opportunities that a status like 'minority', 'migrant' or even 'illegal' is irrelevant, because we will all be too busy chasing our dreams while working together." — Justin Wolfe
Barrack Obama talked about change you could believe in. However, there was little change to talk about after eight years. Justin knows that talk is cheap, he knows what has to be done, not just the talk of change, but the ideas that create the changes that are needed.
"The economy might seem like a free market, a force of nature but its built from basic assumptions that nobody has challenged and its time to challenge these assumptions." — Justin Wolfe
Donald Trump is constantly worried about his brand, it makes us all squirm as he tries to exaggerate his accomplishments and capabilities into something he just isn't. However, for people who voted for Donald Trump never hearing him apologize or admitting mistakes means that their decision to support him will never be wrong either. Justin works with ideas, he talks about ideas and he works hard to make them a reality. Justin believes his greatness will be measured by how far his ideas go, not how many retweets he gets. Justin knows that ideas live and die by truth and you can't lie an idea into reality. Trump may have his followers but he will only be able to tear things down with lies and he will never build things with ideas that make the world better.
"Ideas, inventions and innovation are essential for our world to get better. They do not become a reality through desire, wishing or wanting. They only happen after trial and tribulation with the truth. It takes a 100% commitment to truth to build a better world." — Justin Wolfe
Justin is 46 years old, he is not married and has no children. He is a self made billionaire who built and sold several technology companies. Today, he is the owner of a professional sports team. He has also written a book about economics called the Big Solution.
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text:
Review of "While You Slept" by John T. Flynn
The US won WWII – or so we're told. However, when one looks at a map of the world at the end of the decade that followed – especially if that map were an honest one – one couldn't help but conclude that Russia won WWII. By the end of the next decade, Russia controlled half of Germany, all of Eastern Europe, half of Korea, and all of China. If the US won WWII to make the world safe for democracy, one has to be somewhat surprised that the result of a US victory was the triumph of totalitarianism throughout a huge portion of the world.
WTF happened? Flynn is here to answer that question (pdf). And, he'll do so for free at that link (incidentally, all his books are worth your time).
In short,
The Great Swap would now be consummated. Roosevelt wanted only two important concessions from Stalin. He wanted Stalin in a United Nations. This was Roosevelt's Great Design. He also wanted Stalin to come into the war as an ally against Japan. Stalin's Great Design is now apparent. He wanted Germany dismembered and permanently paralyzed. He wanted to cart away as much of her industrial equipment as could be moved and he wanted to recruit a huge army of German slaves to work in Russia after peace. And at Quebec, this plan, written by an American Communist agent, was put in shape. He wanted to get possession of as much of Poland, Czechoslovakia, and all the Baltic and Balkan states as the gullible Roosevelt would give him. In Asia he wanted Korea and he wanted a Communist China where he could work out his further schemes of aggression when the war ended. And he wanted for Japan the same fate he planned for Germany. This was a malevolent design—a grab far more comprehensive than Hitler's. And the plan included, among other things, a provision that America, which wanted nothing for herself, would be asked to collaborate in the betrayal of so many countries we had set out to save, including our own allies.
At Yalta, Stalin got all he asked for. Roosevelt, too, got all he asked for—the United Nations with Stalin in the middle of it with a veto to paralyze action by the West; he also got Stalin in the war against Japan—which, as is now abundantly obvious, was the source of most of our present woes in Asia [see below].
Just in case this isn't completely clear:
Roosevelt told William C. Bullitt "that Stalin . . . doesn't want anything but security for his country, and I think that if I give him everything I possibly can and ask nothing from him in return, noblesse oblige, he won't try to annex anything and will work with me for a world democracy and peace.
Where would Roosevelt have gotten an idea like this? Roosevelt's main adviser at the conference was Alger Hiss. Of course the agreement at Yalta followed from the agreement at Quebec, where Roosevelt's adviser was Harry Dexter White. Don't get me started on this. The rabbit hole is indeed deep. Anyway, back to the book . . .
The story of what happened in Eastern Europe is relatively well known by comparison to what happened in Asia. Flynn's book is about what happened in Asia.
So what did happen?
As the end of WWII neared, China was engaged in two wars. The first was a war between China and Japan. The second was a civil war between the Communists and the Nationalist. Russia was the Communist side. So China was fighting Japan and Russia. Put another way, Japan and Russia were fighting for control over China. The result:
The United States, practically alone, would deliver China from the Japanese invader. Now the United States would deliver China into the hands of the Russian invader.
To see how, let's go back to Yalta, specifically what it said about the Pacific theater:
And what of the Pacific? Stalin agreed to enter the Pacific war within three months after Germany should surrender. But he had a price, as always. The United States would have to provide fuel, transport and equipment for 1,250,000 men, 3000 tanks, 5000 planes, and various other requirements. This would give Stalin an army of 1,250,000 Russian soldiers on the borders of Manchuria [the perfect place from which to invade Japan . . . or China, or Korea]. Why any American, knowing Russian and Communist history, and familiar with the struggle in China, would want to introduce a million and a quarter Russian soldiers into the complex problem of China as the war drew to an end, I do not know.
There were other things Stalin wanted. He wanted certain political aspects of Russia's participation in the Pacific war settled. He demanded the Kurile Islands, internationalization of the Port of Dairen, Sakhalin Island, and a lease of Port Arthur as a naval base. And he wanted joint ownership with the Chinese of the Manchurian railroads, with full recognition of Russia's paramount interest in these. He wanted the ports of Manchuria. He wanted the railroads. If Roosevelt had ever read anything of Russian-Asiatic history, he would know that Russia wanted Manchuria and a good deal more. Stalin wanted the right to seize Germans and put them to work as slaves. All this was agreed to in secret and not made public until long after, when Russia began to press for compliance. Russia wanted four votes in the UN Assembly. She got three. We got one.
Now that Roosevelt got the "victory" of getting Russia into the war, what did Russia do?
When Russia declared war on Japan on August 8th, her armies made a beeline into Manchuria and through the Kwantung Peninsula right into Korea. They were in Korea in five days.
Surprise, surprise. So, while Russia was in Korea, the US managed to defeat the Japanese. But that left a huge American-supplied Russian army – which was waging war against the Chinese Nationalists – conveniently on the border of important Chinese provinces.
The simple truth, as we have seen, is that when the Japanese surrendered, the Chinese Nationalist army far outnumbered the Red revolutionary army. Then appeared Stalin's army of 1,250,000 men armed with American guns, planes, tanks and munitions and other supplies [thanks to Yalta] and the balance began to alter. Now the Chinese Communists had in their hands the immense quantities of munitions laid down by the Japanese in the North. After that the Russian army was on their northern border and able to provide them not merely with arms and munitions but with military advice.
That was the situation in 1945. Then in 1946 General Marshall cut off the arms and supplies to the Nationalist army.
In the end, Stalin got everything he wanted, with one glaring exception. Japan was not reduced to the state of despondency that Germany was reduced to and his drive into Korea was eventually checked. These Russian losses and American victories were achieved by Douglas MacArthur, who was – of course, and certainly by coincidence – fired.
Most of Flynn's book explains how it was that the American people accepted defeat after defeat – and indeed learned to call the defeats victories. Flynn's answer is that Americans were subject to the most successful propaganda campaign in history.
Flynn chronicles this propaganda campaign in books, book reviews, radio, tv, newspapers and government. In short, information on activities in Asia was controlled by a surprisingly small number of people. These people wrote the books on Asia, wrote book reviews on the books on Asia, gave radio and tv interviews and often worked for the government.
Instead of subjecting you – if anyone is still reading – to all of the workings of the propaganda campaign, it's perhaps easier to take an example of the campaign at work. The Amerasia case is most interesting:
Yet here was an officer in Naval Intelligence (Roth), a research agent in the State Department (Larsen) and an important State Department officer (Service) involved at least suspiciously with two outright Communists who were running a pro-Communist magazine with their offices stuffed with stolen secret documents from the State and other departments, including Naval and Military Intelligence. The most loyal American citizen found in such a situation ought to have been and doubtless would have been prosecuted. Among these documents were military reports giving secret information on the position and disposition of Chinese Nationalist armies—a subject of the greatest importance to the Communist military leaders in China. This was not a case of a single secret document gone astray. It was a whole office full from many departments—a job which could have been carried on only through a long period of thefts by many hands.
Now, the most startling feature of this case was its climax. The original indictments were quashed.
Read the book. It's short and free.
I can't resist one little aside.
When you read a lot of history of this time period, you notice some glitches in the matrix that is the official story. My favorite glitch in the matrix is Thomas W. Lamont. He was the head of JP Morgan who helped negotiate the Treaty of Versailles – the power of large banks has declined significantly since the early 1900s apparently. Anytime you read about communist intrigues during the first half of the 20th Century his name pops up with odd regularity. No one suggests he's a communist (though his son was and his great-grandson tried to oust Joe Lieberman in the Democratic Primary awhile back) but still, he's everywhere.
Flynn doesn't let me down. As soon as Germany and Russia break:
Almost at once there sprang into being a National Council of American-Soviet Friendship, bearing on its roster of sponsors such exalted personages as Bishop G. Bromley Oxnam, Dr. Henry S. Coffin, Hon. Joseph E. Davies, Professor Albert Einstein, James W. Gerard, Thomas W. Lamont, Herbert H. Lehman, and Dr. Mary E. Woolley, as well as a dozen others. Thus in a frenzy of hoopla and patriotic excitement we launched the great enterprise of turning over more than half the world to the Communist tyranny.
And later, when an article unfavorable to the Soviet cause appears in the NYT, Owen Lattimore suggested that a response letter to the NYT be signed by "Thomas Lamont, of the House of Morgan." It wasn't, but it's an interesting suggestion from Lattimore, no?
Don't go digging around on Lamont, though, unless you want to get sucked in.
This entry was posted on Thursday, December 15th, 2011 at 8:47 pm and is filed under Book Reviews.	You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.
23 Responses to Review of "While You Slept" by John T. Flynn
contemplationist says:
Where would Roosevelt have gotten an idea like this? Roosevelt's main adviser at the conference was Alger Hiss. Of course the agreement at Yalta followed from the agreement at Quebec, where Roosevelt's adviser was Harry Dexter White.
#$*#&&$*&#&%#%*&#%#%%
I'm speechless. It took me a couple years to digest and mostly agree with Mencius' view of 20th century history, but I would've gotten there in a minute if I'd known this earlier. This is beyond astonishing. It's astounding, fantastical, stupendous, mind-boggling. How the fuck did I not know that one of the few confirmed and CONVICTED communist spies was the chief adviser of FDR @ Yalta? And people call Birchers 'crazy'?!?!?
You didn't know this?
Foseti says:
In fairness, Venona (http://en.wikipedia.org/wiki/Venona) was only released in '95.
That sounded kind of rude, I suppose, but the man's a moldbug reader. I was kind of surprised.
Contempationist,
You will *love* Roosevelt's Road to Russia. Free online, obviously.
Also, why not read Joe McCarthy's book on Marshall. He didn't really write it and it kicks ass.
thrasymachus33308 says:
I submit that Roosevelt wasn't fooled at all, that he had his own objective and he was using the communists to achieve it. The Puritan elite surrendered nothing- they remained in control over the territories they had before, and gained Western Europe. They only let the communists take over territory they couldn't hope to control anyway. The communists then wiped out the aristocratic elites of those countries, the people the Puritans hated more than anyone.
The rule in the Cold War was that a country with a bourgeois Protestant social democracy was off-limits to communists, but all others were fair game. The Puritans were not and are not communists. But they regard communism as the second best system to their own, and the best way of "reforming" societies that don't meet their standards.
That's not inconsistent with Flynn's own view of things.
Now that I've read your full post, I'm depressed. I used to consider conspiracy mongers as deranged or idiots or both. It's hard not to sympathize with them when there's so much bullshit out there masquerading as truth. One must start from scratch as Moldbug did with primary sources and rebuild from there with a Bayesian evidence filter.
I think this is the key step. Pick one topic (I started with the Civil War and am now doing the '40s) and read 10 primary sources on it.
The interesting thing with picking the Civil War was that I was seeking out the most left-wing primary accounts of the war and reconstruction. Even the most left-wing primary accounts would be beyond the extreme rightist accounts of today.
Alex J. says:
Wiki: "[Herbert H.] Lehman, born in New York City in 1878, was the son of German-Jewish immigrant Mayer Lehman, one of the three founders of the Lehman Brothers investment banking firm."
Digging around indeed.
Keep going down that list and you get some good results.
http://en.wikipedia.org/wiki/Joseph_E._Davies#Mission_to_Moscow
http://en.wikipedia.org/wiki/James_W._Gerard
place@thing.com says:
That's appalling. What was in it for the US elite? Sure, we didn't know then quite as much as we know now about Communist atrocities, but even back then it was not all sunshine and kittens. Was it emotional affinity? I find it hard to believe that they preferred Stalin to Chiang Kai-Shek. And having a unified enemy in a Cold War doesn't play to a Machiavellian strategy. What gives?
Diver says:
C'mon, Foseti, you know you want to do a long, long post just on Thomas W. Lamont. Quit teasing.
He's not kidding either. Since foseti mentioned him a while back, I keep seeing his name casually appearing all over the place all over the place, most recently "Back door to War"
I tried to do one once: https://foseti.wordpress.com/2011/07/20/tom-lamont/
It's hard. The rabbit hole, as I've said, is deep. Maybe I'll write a book on him someday.
Zimriel says:
I've been a fan of "Mencius" (who should have chosen Hanfecius as his Chinese name) since he started that blog.
I cannot say I truly "started" until, last summer, I really got into reading Reconstruction. Myrta Avery clinched it for me.
Phlebas says:
Much as General MacArthur was first subject to massive interference and then relieved of command in Korea to prevent him from winning, Patton was prevented from beating back the Communists in Europe.
See the discussion thread here:
http://forum.axishistory.com/viewtopic.php?f=76&t=151257
Examining Idealism (part 1) : Writings says:
[…] only faintly echoed in the Universalist memeplex – although mainline Universalism did play a much larger role than is widely acknowledged in sustaining and encouraging the Marxist experiment during its […]
Meditation on our creepy ruling class : Writings says:
[…] commodities and services. Distributed information about people's desires is lost. USG has run its experiment and learned that property rights are indispensable, so it enforces them (a different, incremental […]
Who "defeated communism?" | Foseti says:
[…] definition excludes people like General Wedemeyer, Joseph McCarthy, Sisley Huddleston, John T. Flynn and perhaps even General MacArthur. It may include some inconvenient people, but it has the […]
DE Reading List Update | Free Northerner says:
[…] Here's a few more from other Mencius posts and Foseti: […]
Pete Seeger: American Communist | Theden | Thedening the West says:
[…] highest-paid screenwriters in Hollywood, were card-carrying Communists—and Harry Dexter White and Alger Hiss, two of FDR's top advisors, were Soviet spies. FDR himself doesn't look too good: it […]


Intercropping of legumes with cereals is a promising possibility to produce fodder protein while creating few costs and using few resources.
Practicable cultivation methods of intercropping with protein peas/barley and field beans/oats were developed, both with mixing ratios of 80% and 40%, respectively, of the usual local seeding amount for the single crop (possible for winter crops as well as for spring crops).
The grain serves as a support crop, suppresses weeds and provides a risk coverage in years of poor grain legume development.
Since 2010, the acreage of organic peas and beans, mostly grown in mixed cultures, has multiplied.
This increase was also possible due to mills that buy and separate the yield of intercropping systems into its single components.
Growing two crops at a time is possible - try it out!


When the company was first establishes, it was the dawn of development of electronics: our first intercom system still worked using thermoionic valves. For more than half a century, Comelit has been a leading player in an extraordinary evolution along with the technologies. Today we are specialists in: video and audio door entry systems, access control and video surveillance, telephone and telephone switchboards.


Today we'll work on your awareness, your focus and your listening. Raising your awareness will get you out of your head and taking more into account. Increasing your focus will keep your attention off you and on someone else, and by doing both of those other things you will be able to listen much better and thereby take in far more actionable information.
For your awareness we'll get you to choose one specific co-worker or classmate or other person you see regularly. Someone you have opinions about, good or bad. Rather than think of yourself you'll think about them for the day. So you have to understand them. This might lead to observations or questions, but again–it's all focusing on them not you, so it's all helpful.
For focus you just want to make sure that you really do consider that person's life instead of your own. Instead of complaining about your office chair, wonder how uncomfortable someone heavier or taller than you manages to sit on the same one. Think about how others treat the person, think about their food choices, their schedule, their budget, their family commitments or lack of friends or whatever–them not you.
For listening, if you've managed to do the first two things then you're clear-headed enough that you might just pick up details you've never noticed before. Maybe they use a lot of nautical references and it turns out they've always wanted to live on a boat again, the way they grew up. Or maybe you hear them talking about a dream they have that you've never noticed before. In short, pay attention.
You should be able to talk to a person you see regularly and yet still notice something entirely new. If you can't then you're still talking to yourself about them–that's not the same thing as simply taking them in. You're interacting with your judgmental thoughts about them and not with the actual person. This is what egos do. This is the thing we want to prevent you from doing.
Stop filtering the world through your own personal thinking. Have a perspective but don't take it so seriously. If you can do that then you have flexibility in all sorts of aspects of life. You can see your opinion as just an opinion rather than the way it is.
"The way it is" is always open to interpretation. Maintain that flexibility and you will always find yourself in a position to create a positive mindset. If you believe what you're seeing is how it is then you're doomed to live inside your ego, inside your judgments, inside your limited perceptions. Instead, throw the doors and windows open wide and be with the world with a silent, non-judgmental mind. What it will reveal to you from that perspective will explain to you why so many people are able to love life, and why you can too.
Listen. Feel fortunate. Get out of your head. Study the challenges of another soul. Quiet your mind by listening. This is the path to inner peace. This is the path to understanding.


The next meeting of SABR's Rabbit Maranville Chapter on Monday, April 22, 2019, will feature special speakers of great interest: Dan Duquette and Gordon Edes. All baseball fans are welcome to attend.
DAN DUQUETTE is the former GM of the Red Sox, Expos and Orioles. He was twice named the Sporting News MLB Executive of the Year when with the 1992 Expos and 2014 Orioles. He is widely recognized as having created the foundation of the 2004 curse busting BoSox by bringing Manny Ramirez, Pedro Martinez, Tim Wakefield, Johnny Damon, Jason Veritek and Derek Lowe to Boston.
GORDON EDES has been the Boston Red Sox team historian since 2015. Prior to joining the Sox he covered the team for 18 years, initially with the Boston Globe, and then with ESPN Boston. Gordon is an award winning, well respected journalist. He is the author of Marlins Mania: The 1993 Inaugural Season. He is a contributor to Boston Red Sox: Every Picture Tells a Story (Skybox, 2014) and The Rivals: Red Sox vs. Yankees, An Inside History (St. Martins, 2004).
Registration fee: $5, payable at the door. Refreshments will be served and there will be a selection of baseball books, hats and other related items for sale.


SIX MORE DAYS. The count down begins. I am leaving to go across the big Atlantic Ocean and see my tiny European family once again. Now for packing…that's a different story. I am definitely a last minute packer, so since I am leaving Thursday I will most likely pack Wednesday afternoon for almost a 20 day trip! Who else does this?!


It's not every home, or perhaps any home, that can seamlessly blend mid-century aesthetics from the middle of two different centuries, but Kristiana Spaulding and Greg Didriksen's bungalow in the Lotus-Coloma area effortlessly accomplishes just that.
If Coloma rings a bell from elementary school history classes, you'll remember that's where gold was discovered in 1848 along the banks of the American River, the defining environmental feature of this waterfront abode. Pair those roots with the modernist interior design sensibilities of the 1950s, and you've got a decidedly cool place to hang your hat in Gold Country for a few lavishly lazy days.
This 1,000-square-foot home sits on a hill overlooking the South Fork of the American, with each of its three bedrooms featuring large glass doors that open onto a long wooden deck, where you can lounge or dine amidst the lush greenery and admire the view. Alternatively, you can head down the exterior stairs to the grassy riverbank where you can chill in silver Adirondack chairs, or launch your own raft or kayak into the refreshing waters for an aquatic adventure.


Virtual learning opens doors to new learning and teaching opportunities beyond their classroom. Victorian students and teachers have access to a flexible suite of virtual learning tools enabling them to connect, interact, share and learn with others outside of their classroom and school.
snapshots of virtual learning in Victorian schools.


The DOM Tooltip library has been selected as the tooltip widget for a new Apache MyFaces component named Schedule. This component is described in the javadoc as " A schedule component similar to the ones found in Outlook or Evolution."
The recent release of DOM Tooltip under the Apache 2.0 license was part of this release into the MyFaces sandbox. In case you need to see to believe, here is proof.
I am extremely thrilled about this pairing.


text:
1878-S Morgan Silver Dollar About Uncirculated
1878-S Morgan Silver Dollar Brilliant Uncirculated
1878-S, 1882-O, 1896-P & 1921-D Morgan Siver Dollars Certified MS-63
1878-S, 1904-P, & 1921-P Morgan Silver Dollar Trio Brilliant Uncirculated
1878-S-1885-S Morgan Silver Dollar Set with Album Very Fine to Brilliant Uncirculated
This historic first date in America's most popular classic silver dollar series was struck from bonanza silver mined in the Wild West. Cowboys were paid just one for a long day's work. Lustrous About Uncirculated quality with just a trace of wear.
Struck from bonanza silver mined at fabled sites like Comstock and Tombstone, this 1878-S San Francisco issue introduced the Morgan silver dollar to the West. It represented a day's pay for most Americans, so relatively few were saved in mint-state...
Of the 1878-1882 five first San Francisco Mint Morgans considered the best struck in the 95-issue series, this original 1878-S issue is the scarcest overall. It introduced the Morgan silver dollar to the Wild West at a time when the recently opened San...
This set includes four Morgan Silver dollars, all Certified MS-63, that represents four different decades and four different mints.
"First" 1878-S San Francisco Morgan Silver Dollar BU. This first year 1878-S San Francisco issue introduced the Morgan silver dollar to the West. The first five years of Morgan dollars output by San Francisco are considered to be the best struck in the...
Most numismatists rank early San Francisco Mint issues as the finest examples in the entire 1878-1921 series. Our collection includes the "ultimately beautiful" 1878-1882 dates in original Brilliant Uncirculated quality, with the same luster as the day...
In only the second year of the series, just 756,000 Morgans were output for commerce by Carson City in 1879; for that same date Philadelphia, New Orleans and San Francisco produced silver dollars into the millions. Mint-state issues can easily sell for...
After the end of the Reconstruction Era, the New Orleans Mint was re-opened (it had been shut down early in the Civil War). Its first Morgans of the Old South were delayed because of a contagion in the city — and emerged a year after the initial...


In this episode of Retail Right Now, Joe Keenan shares a few of his favorite tips from Total Retail's recently released report, 50 Best Retail Tips of 2018. This annual report highlights the best tips over the course of the past year, and provides a blueprint for how retailers and brands can leverage those insights to drive top- and bottom-line gains in 2019 and beyond. Access all 50 tips by downloading the full report here.


text:
Open access peer-reviewed chapter
New Frontiers in Flood Risk Management
By Guangwei Huang
Submitted: June 12th 2018Reviewed: October 9th 2018Published: November 5th 2018
DOI: 10.5772/intechopen.81925
Home > Books > Recent Advances in Flood Risk Management
Flood risk management has been studied extensively and intensively in many academic fields from civil engineering, sociology, economics, culture, and even psychology. However, the fact that flooding accounts for a greater number of damaging events than any other type of natural events worldwide on an yearly scale proves that our understanding of flooding is still insufficient, flawed, and fragmented. This chapter intends to shed new light on a number of issues that deserve more comprehensive study in order to advance flood risk management. As a result, a new two-layer framework of vulnerability is proposed, which can lead to a better understanding of, and new approaches to, flood risk management.
flooding time
flood duration
Ec0-DRR
chapter and author info
Guangwei Huang*
Graduate School of Global Environmental Studies, Sophia University, Tokyo, Japan
*Address all correspondence to: huang@genv.sophia.ac.jp
From the Edited Volume
Recent Advances in Flood Risk ManagementEdited by John Abbot
Recent Advances in Flood Risk Management
Edited by John Abbot and Andrew Hammond
Show +
Flood disaster management includes flood risk assessment, risk mitigation, preparedness, and emergency response and rehabilitation efforts. It can also be classified into before, during, and after event activities. A flood risk assessment is an assessment of the risk of flooding from all flooding mechanisms and consists of three components: (1) hazard identification, (2) vulnerability analysis, and (3) exposure assessment. Mathematically, it can be expressed:
Risk=Hazard×Vulnerability×ExposureE1
According to UN-ISDR [1], hazard can be defined as a dangerous phenomenon, substance, human activity, or condition that may cause loss of life, injury or other health impacts, property damage, loss of livelihoods and services, social and economic disruption, or environmental damage. It can be quantified by a probability of occurrence within a specified period of time and within a given area and given intensity. The term exposure is used to indicate elements subject to potential damage due to a hazard. Elements here may be referred to population, houses, facilities, or physical and life infrastructure essential to the functioning of a society or community such as water supply system.
There are many aspects of vulnerability, related to physical, social, economic, and environmental conditions (see, for example, Birkmann [2]). Therefore, vulnerability can be defined in a number of different ways from as simple a notion as the degree of damage to an object exposed to a given hazard, to a more sophisticated one such as the characteristics and circumstances of a community, system, or asset that make it susceptible to the damaging effects of a hazard. Thus, the choice of definition may depend on its suitability for a particular vulnerability study and its interpretation for policy or action. The fact that it can be approached in manifold ways offers both flexibility and difficulty to use and interpret.
Villagran de Leon proposed a different framework of risk, which consists of hazard, vulnerability, and deficiencies in preparedness [3]. Exposure was treated as a component of the hazard. The term "deficiencies in preparedness" was used to emphasize the lack of coping capacities of a society at risk. The pressure and release model [4] considers disaster as a product of two major forces: natural hazard and vulnerability. It was intended to stress the importance of vulnerability assessment.
No matter what framework one employs to deal with vulnerability and risk, the assessment should go beyond the identification of vulnerability and risk. It should probe into underlying driving forces and root causes in order to reduce or minimize them.
The objective of the present study is to highlight a number of shortcomings in conventional frameworks for flood risk management. A focal point is the framework for vulnerability.
2. Shortcomings in conventional frameworks
2.1. Hazard component related
Flood hazard is conventionally described by its probability of occurrence and severity (magnitude, duration, and extent of flooding). However, evidence has been mounting that the timing of a flood really matters. On July 7, 2018, Mabi town in Okayama Prefecture, Japan, near the confluence of the Takahashi River and the Odagawa River, was inundated due to levee breaches in the two rivers. As shown in Figure 1, the highest water level in the Takahashi River near the river junction occurred at 3:00 AM and exceeded the historical records. In this disaster, more than 50 people perished with 90% of the victims aged from 66 to 91. These elders lived either alone or with a senior spouse. For elders, evacuation during the night is difficult both physically and mentally. Besides, there were media reports and our own interviews heard the same story from people who suffered from inundation in various places in recent years that flood waters entering their homes rose so quickly that they had difficulty to escape. Therefore, inundation is not just a matter of depth but also the rate of rising. The rate of inundation depth increase may depend on many factors such as local topography, the presence of structures, and urban drainage systems as well. So far, there is little information on the variation patterns of inundation depth with time during flood disasters. How fast the inundation depth would increase should be given serious consideration in flood risk management plans.
Hydrograph of the Takahashi River, Japan, on July 7, 2018, that peaked at 3:00 AM.
Figure 2 shows the comparison of rising limb of hydrography at the Sakazu hydrological station between the largest-ever flood of the Takahashi River occurred in 2018, the second largest flood in 2011, and a small flood in 2015. It is clearly seen that the rate of water level increase depended on the intensity of a flood. The larger the intensity, the fast the water level increased. The current flood warning system in Japan is based on four water levels: (1) stand-by level, (2) flood watch level, (3) flood alert level, and (4) flood danger level. Such a warning system is essential for emergency evacuation. However, a problem with this system is that information on how fast the water level may rise from one level to another in an unprecedented flood is not available because it is intensity dependent as shown in Figure 2. How to provide real-time forecast on water level rising speed and incorporate it into the warning system is a technical issue to be explored. Besides, a related question is: is there a link between the rate of water level increase in channel and the temporal variation pattern of inundation depth in flooded area? It is also question deserving in-depth study.
Intensity dependency of flood water level rising rate.
On July 30 2011, the Ikarashi River in Niigata Prefecture, Japan, breached around 5:00 AM. In addition to the timing of inundation, other characteristics of this flood can be described as having two consecutive floods or a two-peak hydrological event. For the first peak, a dam in the upstream of the river regulated the peak, but for the even larger second peak, the dam failed to function since it was already at capacity.
These pieces of evidence serve to demonstrate that hazard identification should include flood peak timing and the possibility of multipeaks in addition to probability and magnitude. However, methodology to consider these factors has not been developed.
2.2. Vulnerability component related
Vulnerability can be defined as follows:
Vulnerability=Exposure to risk+Inability to copeE2
However, if the framework for risk (1) is used, the definition of vulnerability should simply be inability to cope with hazard since exposure is treated separately. Füssel [5] reviewed the range of definitions of vulnerability and argued that continued plurality would become a hindrance in interdisciplinary research. A common definition of vulnerability is much needed to advance the understanding of vulnerability, yet reaching consensus is challenging. As a matter of fact, some scholars have argued that previous attempts to develop a shared vulnerability framework were superficial [6, 7].
O'Brien et al. [8] presented two dominant interpretations of vulnerability, which they refer to as outcome vulnerability and contextual vulnerability. Outcome vulnerability is considered as the residual exposure to impacts of climatic changes after adaptation responses have been factored in. Studies following this interpretation often take a sectoral view, looking at which/where is likely to be worst affected. Contextual vulnerability deals dynamically with the institutional, biophysical, socioeconomic, and technological conditions that affect the extent of exposure to climate changes and the ways in which those exposed can respond. Studies following this interpretation often take a more multidimensional view in a local setting, looking at how and why groups are affected differently in the context of other changes happening simultaneously. It is, therefore, more suitable to interdisciplinary and transdisciplinary studies. The present study attempts to combine outcome vulnerability and context vulnerability for the purpose of developing a more comprehensive and structured framework.
It is a two-layer structure consisting of system vulnerability (contextual vulnerability) and component vulnerability (outcome vulnerability) as shown in Figure 3. Factors affecting system vulnerability can be classified into four categories. (1) The social-economic-demographic category includes factors such as general risk perception, disaster insurance, medical care, GDP, and population distribution. (2) The institutional category includes planning capability, legal system and management capability, such as evacuation operations. (3) The biophysical category includes landform and land use, river basin scale, and river dynamics. Steep river channels often generate flash floods that are difficult to predict. On the other hand, mild waterways may generate much larger floods that could be more destructive if overflow occurred. (4) The engineering category includes flood defense and warning systems.
A two-layer framework for vulnerability.
System vulnerability can be regulated by various structural measures such as levee and retarding basin construction and nonstructural measures such as flood hazard mapping and land use regulation. The interaction of various factors results in residual system vulnerability that is then passed on to component vulnerability (or outcome vulnerability). Component vulnerability is determined by awareness, self-preparedness, community strength, and even local culture. For example, a type of old Japanese house-Mizuka as shown in Figure 4 is a measure of self-defense. It is a two-house compound, in which one is for everyday living and another is used as shelter in case of emergency. Living in such a house reduced component vulnerability. Nevertheless, the number of such houses in Japan has been largely reduced due to various reasons, especially changes in life style and a lowering of risk awareness.
A self-prepared traditional house in Japan-Mizuka.
System vulnerability acts at city, regional, or river basin scale, while component vulnerability acts at individual or community scale. The degree of passage from system to component vulnerability is termed as vulnerability conductivity hereafter. It depends upon risk communication and public participation. Risk communication is the exchange of information and opinions, and establishment of an effective dialog, among those responsible for assessing, minimizing, and regulating risks and those who may be affected by the outcomes of those risks. This is the first attempt to incorporate risk communication into a vulnerability framework and to place one of its roles in the linkage between contextual and outcomes vulnerability.
Flood disasters may cause extensive loss of life and property damage, which is essentially an anthropogenic phenomenon with social roots. However, the dimension of loss and damage has been less focused on vulnerability framing so far. A conventional framework to address loss and damage is the C × L framework as below:
Risk=Consequence×LikelihoodE3
where (i) likelihood is the probability of occurrence of an impact that affects the environment and (ii) consequence is the social and environmental impact if an event occurs.
This framework combines the scores from the qualitative or semiquantitative ratings of consequence and the likelihood that a specific consequence will occur to generate a risk score and risk rating. Although this risk framework takes into consideration the consequence of an event, it is not suitable for conducting integrated risk and vulnerability analyses. To incorporate loss and damage into the framework (1), vulnerability should be redefined as:
Vulnerability=Inability to cope×Potential consequenceloss and damageE4
The logic to include loss and damage in vulnerability is justifiable. If the level of impact upon an individual or community is low, then this individual or community is not truly vulnerable although they may not able to prevent certain consequences from happening. Accordingly, the two-layer framework includes loss and damage as already depicted in Figure 2.
Following this vulnerability framework, a policy that is different from the conventional can be proposed as below.
Conventional flood countermeasures have focused on preventing flood waters from reaching populated areas such that blocking may be considered a keyword to describe the concept of conventional flood countermeasures. However, such a zero-risk approach has been shown to be in vain, especially in urban areas. In urban areas, in addition to the problems of asset concentration and surface imperviousness, complex urban structures may affect the behavior of flood waters in the case of inundation. Either intentionally or by chance, roads, railroads, and buildings may function as barriers to keep flood waters from spreading to a wider area [9]. Consequently, urban flooding may be characterized as being confined and deep. It is well documented that the degree of fatality and direct economic cost of flooding is proportional to inundation depth [10]. Therefore, redesigning urban form to transform confined and deep flooding to wide and shallow flooding is a way to reduce vulnerability if the prevention of inundation is not totally avoidable. The concept can be rephrased as "managing flood waters up to your knees". Policy supporting such a concept can be termed flood sharing. How it can be implemented is a question to be answered.
An important driver of vulnerability reduction is better planning. Poorly planned and managed urbanization leads to growing flood hazard due to unsuitable land use change and increasing flood vulnerability due to development in flood-prone areas and overpopulation of such areas. As shown in Figure 5, river flood management planning in Japan starts with setting up a planning scale, which is the level of safety against flood disasters to be provided in the area of concern. The next step is to select a number of target rainfalls for the planning site based on rainfall and historical flood records. Then, by performing rainfall-runoff simulations, a flood hydrograph can be determined as the management target, which is termed as either design flood without regulation or maximum probable flood. Once the maximum probable flood is estimated, allocation of flood water by dam, retarding basin, and river channel will be determined to safely convey flood water to its destination. In this planning procedure, however, the increase of maximum probable flood due to future urbanization is not directly considered. The increase in the total volume of the direct runoff is also not taken into consideration in dam and retarding basin planning. In addition, urban development planners often neglect, or are not aware of, the possibility that development may partially invalidate the river flood management design in operation in the absence of sound development planning. The fact that the maximum probable flood would vary with significant changes in land use, resulting in an increase in peak flow in a river channel, has been given less attention by urban planners in planning development of housing projects along waterways. What is often observed is that countermeasures were being taken to reduce urbanization-induced flood risk years or decades after large-scale urban development, especially after experiencing serious flood disasters. Wording differently, approaches so far have often been reactive, not proactive. Therefore, a key principle of Low Impact Development or of a Sponge City should be that no significant increase in maximum probable flood results from the process of urban development. In Japan, the Act on Countermeasures against Flood Damage of Specified Rivers Running across Cities was put into effect in 2005. According to this law, any urban development with an area larger than 1000 m2 should not cause any increase in surface runoff. If any increase is likely, permission from the competent authority is required. This law was first applied to the Tsurumi River basin since 2006 and currently implemented in seven river basins across Japan. However, monitoring studies on change of surface runoff in the seven targeted river basins are limited. The overall effectiveness of this regulation has not been validated. Figure 6 shows where waterlogging occurred during the period of 2008–2017 in Kawasaki City, which is part of the Tsurumi River basin. Figure 7 shows where waterlogging occurred during the period of 2006–2010 in Machida City, which is also part of the Tsurumi River basin. Although 3300 storage facilities have been installed in the river basin, inundation is still a frequent visitor to the region. Besides, the waterlogging locations in Kawasaki City are more or less uniformly distributed, while the waterlogging in Machida City mainly occurred along its administrative boundary on the west side. Such a difference in distribution of vulnerable locations may be viewed as one aspect of system vulnerability.
Procedure of flood management planning in Japan and a proposed modification (marked with red color and underline).
Locations of waterlogging (red dot) occurred in Kawasaki City during the period of 2008–2017 (source: Kawasaki City).
Locations of waterlogging (blue dot) occurred in Machida City during the period of 2006–2010 (source: Machida City).
A fundamental issue in implementing this law is that it has not been directly linked to the river flood management planning procedure. To strike a good balance between flood risk reduction and economic development, the present study proposes a new planning scheme as shown in Figure 5 with red color and underline. For new or redevelopment, the possibility of increasing maximum probable flood should be examined. If it is not possible to deal with the increase in maximum probable flood, the Act on Countermeasures against Flood Damage of Specified Rivers Running across Cities must be strictly implemented. If additional amounts of flood waters can be handled through reallocation such as constructing new or expanding the capacities of existing storage facilities, or by in-channel engineering works such as excavation, then the law can be executed to control the total amount of increase of surface runoff while having a priority setting to give permissions to economically important development projects.
2.3. Exposure component related
In cities like Tokyo, flood waters stay on streets for a few hours or a few days at most if inundation occurs. In other places such as Bangkok, however, flood waters may stay on streets for more than 2 months due to the city's topography and insufficient drainage capacity. In Thailand, the flood damage to Bangkok and five adjoining provinces in 1983 was estimated by the National Statistical Office to be billions of Bath with the bulk of the damage shouldered by the private sector. A study by Tang et al. indicated that flood depth and flood duration were significant factors explaining flood damage in the residential and industrial areas [11].
In view of such a difference in flood water residence time, the duration of inundation should be factored into exposure component, the longer the duration, the higher the level of exposure. Adding such a temporal factor to vulnerability framework will certainly lead to better planning for vulnerability reduction and smooth emergency response. It is also related to disaster insurance. To protect buildings that are constructed in flood-prone hazard areas from damage caused by flood forces, the National Flood Insurance Program (NFIP) in the United States requires that all construction below the base flood elevation must consist of flood damage-resistant building materials [12, 13]. What constitutes flood damage-resistant building materials is indeed duration dependent. The impact of duration is a much less explored research area and is envisioned to gain more attention in the near future.
3. Eco-DRR in Japan
Ecosystem-based disaster risk reduction (Eco-DRR) is a relatively new concept to reduce the risk of being exposed to natural hazards by avoiding development in disaster-prone areas or by using natural systems as a way to buffer the worst impacts of natural hazards, maintain the resilience of natural ecosystems and their ecosystem services, and help people and communities adapt to changing conditions [14, 15]. The core thinking of Eco-DRR is based on the realization that disasters cause massive damage to the environment, while degraded environments exacerbate disaster impacts and responding to disasters often leads to additional environmental impacts. Well-managed ecosystems, such as wetlands, forests, and coastal systems, act as natural infrastructure, reducing physical exposure to many hazards and increasing socioeconomic resilience of people. For example, mangroves and seagrass beds can dissipate the destructive energy of storm surge and Tsunami and prevent coastal erosion while supporting fishing and tourism activities and storing high amounts of carbon. Therefore, Eco-DRR is also aimed at reducing the vulnerability of society and establishing disaster-resilient communities.
Japan has a tradition of using ecosystems for disaster mitigation such as maintaining forests to prevent soil erosion, planting trees along its coast to reduce wind-related disasters, and utilizing paddy fields to store flood waters temporarily. Since 2012, Eco-DRR has been incorporated into national policies and planning of the Japanese government. The Basic Act for National resilience, enacted in 2013, is aimed at taking advantage of regional ecosystem-based functions to prevent and reduce disasters. Following this Act, Fundamental Plan for National Resilience was established to promote the use of ecosystem-based disaster reduction approaches and assessment of functions of Eco-DRR initiatives provided during nondisaster times. The National Spatial Strategy and the National Land Use Plan, approved in 2015, also called for the promotion of disaster management using natural ecosystems. Furthermore, Japan's Forest Law requires that Disaster Risk Management (DRM) forests should be planted along the coast to prevent damages from blown sand and salt, high tides, and tsunamis. Under such strong policy drivers, a question is "does it work?"
On March 11, 2011, the Great East Japan Earthquake occurred and trigged a major Tsunami. Consequently, the Tohoku area of Japan was so badly hit Tsunami. In total, this disaster caused more than 15,000 deaths, 2800 missing, and approximately 300,000 people being evacuated [16]. Among the disaster-stricken areas, Miyagi Prefecture suffered the most in terms of fatalities and infrastructure damage. Before the disaster, there were 200- to 400-m-wide pine forests along the Sendai Plains of Miyagi Prefecture having protected the area for the past four centuries. Nevertheless, the forest failed to stop the intrusion of the Tsunami. The coastline of Rikuzentakata City, Iwate Prefecture, was also very famous for its 2-km-long and 200-m-wide pine trees as shown in Figure 8. Again, the forest was completely destroyed except for one tree after the 3/11 Tsunami. There is no doubt that the forest along the coast of Tohoku region did reduce the energy of Tsunami. Although the forest was destroyed during the disaster, without it, fatalities and property damage would undoubtedly have been much greater. The question is how to quantify its effectiveness in relation to Tsunami height. It is not difficult to imagine that a coastal forest is effective to a Tsunami with low wave height. The information needed is the threshold of wave height above which a coast forest may fail to dissipate the energy of Tsunamis significantly. Koshimizu [17] pointed out that coastal forests could be rendered useless by liquefaction, but no countermeasures had been discussed. Besides, it should not be forgotten that a fallen tree being moved by a Tsunami can kill people and damage houses.
Coast forest before and after the Tsunami disaster on March 11, 2011.
An interesting phenomenon was observed in Ishinomaki City, Iwate Prefecture. Along a portion of the Watanoha coast, the levee was lightly damaged, but the residential area behind was devastated as can be clearly seen in Figure 9. The levee height before the disaster was 4 m, and the Tsunami height in Ishinomaki was more than 8.6 m according to Japan Meteorology Agency. This implies that the Tsunami overtopped the levee without much energy dissipation. Otherwise, the levee would have been badly damaged. The same phenomenon may also apply to coastal forests if the height of a Tsunami is much higher than the height of the forest. After the disaster, the Japanese Government decided to invest ¥59 billion to restore 3660 hectares of trees in Tohoku, which were destroyed by the Tsunami [18]. However, as can be seen from Google Earth, the restoration of coastal forests has not produced any visible progress. Instead of costal forest, concrete levee is expanding along the coast as shown in Figure 10. This was also confirmed by author's field survey conducted in July 2018. Despite legislative development with regard to Eco-DRR in Japan, the implementation appears not straightforward. A multilayered defense system combining Eco-DRR measures with conventional concrete-based measures may deserve serious discussion or even debate.
Devastated residential area behind a coastal levee.
Figure 10.
Current situation of defense construction along the Tsunami-hit coast.
Another case, which has been advocated as an example of Eco-DRR, is the Kabukuri-numa wetland in Osaki City, Miyagi Prefecture, Japan. In the 1970s, it was merely used as a flood-retarding basin. Large-scale dredging of the wetland was planned to increase its flood regulation capacity in 1996. However, in response to environmental concerns, the dredging plan was withdrawn. Instead, the area of the Kabukuri-numa wetland was expanded by transforming surrounding fallow farmland to wetland to meet the flood regulation demand. Furthermore, water was retained in surrounding paddies during the winter so as to function as seminatural, but still important, habitat for wetland-dependent wildlife. In 2005, the Kabukuri-numa wetland and surrounding paddy fields were registered together as a Ramsar wetland site [19, 20]. As a result of this wetland expansion, a large number of waterfowls overwinter in Kabukuri-numa, eating fallen grain and weeds in the flooded paddy fields. The bird droppings, which are rich in phosphate, function as high-quality natural fertilizers for rice and enrich the soil. Rice cultivated under such an environment is branded as such and can be sold at a higher-than-average price. In addition, the large number of overwintering birds attracts a large number of tourists every winter. Although the ecosystem services of the Kabukuri-numa wetland during nondisaster times have been well demonstrated, its flood regulation capability has not been tested since there have been no large-scale floods in recent decades. In addition, there are concerns over the water quality of the wetland due to the large number and high concentration of birds. Bird droppings entering paddy fields may contribute to rice production but may also impact the water quality of adjacent wetlands if entering into its water body. As a matter of fact, water quality testing in the Kabukuri-numa wetland by the author of this chapter indicated that the water body is already eutrophic. How to make this Eco-DRR initiative sustainable is a question to be answered.
The present work highlights a number of subjects in the arena of flood risk management that deserve further in-depth research, as summarized below.
In terms of flood hazard identification, flood peak timing and multipeak hydrographs should be given more attention.
Due to the existence of various definitions and interpretations of vulnerability, there is a need to combine or group some of the notions, if the integration of all is impossible, for the sake of a better and deeper understanding of what really constitutes vulnerability. Following this line of thinking, a new two-layer framework of vulnerability is proposed, integrating existing concepts to a certain extent. This new framework may help develop new approaches to vulnerability reduction, with new concepts such as flood sharing.
This new framework also suggests that inundation duration should be included in the analysis of exposure.
Eco-DRR is an emerging approach to achieving both flood risk management and environmental conservation and may contribute to local economies as well. However, more cases of Eco-DRR across the world should be collected and analyzed from various angles in order to quantify its effectiveness and promote best practice. In Japan, Eco-DRR is advanced in terms of the legal framework supporting it, but there is great uncertainty in terms of its performance. Innovation is indispensable in reaching a new stage of flood risk management.
This work was supported by Sophia Research Branding Project 2016.
2.Shortcomings in conventional frameworks
3.Eco-DRR in Japan
4.Conclusion
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Guangwei Huang (November 5th 2018). New Frontiers in Flood Risk Management, Recent Advances in Flood Risk Management, John Abbot and Andrew Hammond, IntechOpen, DOI: 10.5772/intechopen.81925. Available from:
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Date: 14 Dec , 5:51
Decisions of the local government may not create an injunction or coercion for the debtor, i.e. encroachment on the debtor's property rights, and thus do not violate his rights.
The issue of preserving the debtor's property is probably one of the most important in bankruptcy proceedings. The main part of the efforts of the arbitral trustee appointed to the case is aimed at protecting the property. After all, there are enough people willing to alienate the debtor's property to circumvent bankruptcy proceedings. However, not all decisions of third parties, where real estate of the debtor is included, can be perceived as a violation of his property rights. There are nuances.
In this regard, it is interesting to pay attention to the decision of the Commercial Court of Cassation while a part of the Supreme Court of 19 October-2021 in case № 910/6778/20.
The essence of the dispute
The dispute arose over a dormitory owned by AutoKrAZ PJSC which in its turn has been declared bankrupt. The Arbitration Trustee appointed as the administrator of the property disagreed with the decision of the XLI extraordinary session of the Kremenchug City Council of Poltava region dated 23 January-2020 "About granting consent for free acceptance of the dormitory from the property of AutoKrAZ PJSC to the communal property of the territorial community of the city of Kremenchuk".
He appealed to the Commercial Court of Kyiv with a statement of claim to declare this decision illegal and cancel it, because:
it is illegal and constitutes an encroachment on the debtor's property rights,
there are no legal grounds for the debtor (including compulsory) to transfer the dormitory to the ownership of the territorial community in communal ownership.
The Commercial Court of the city of Kyiv made the decision (which was unchanged by the decision of the Northern Commercial Court of Appeal) to satisfy the claim.
The courts declared that:
local authorities were unreasonably guided by the provisions of the Law of Ukraine "About Ensuring the Realization of Housing Rights of Dormitory Residents" for free acceptance of the dormitory as the debtor's property into the communal property of the territorial community of the Kremenchuk city,
The Bankruptcy Procedure Code of Ukraine prohibits the alienation of the debtor's property during the bankruptcy proceedings applied to him.
Cassation put the things right
The panel of judges of the Commercial Court of Cassation of the Supreme Court examined in more details the legal nature of the decision adopted by the City Council session.
It has been established that the dormitory was indeed owned by the debtor (AutoKrAZ PJSC), although it is not included in the authorized capital. It was used to house highly qualified employees of the company.
The Kremenchug city council of the Poltava region made its decision on 23 January-2020:
· in order to protect the constitutional rights of dormitory residents regarding the exercise of the right to privatize housing,
· to ensure decent living conditions,
· taking into account also the numerous complaints and appeals of the dormitory residents,
· guided by the Law of Ukraine "About Ensuring the Realization of Housing Rights of Dormitory Residents", Articles 328, 329 of the Civil Code of Ukraine, Articles 25, 26, 60 of the Law of Ukraine "About Local Self-Government in Ukraine".
As for the content of the dispute, the Supreme Court noted that:
· prerequisites and material grounds for the protection of property rights or the right to use property in court is the presence of confirmation by appropriate evidence of the person's right to property,
· the fact of violation of this right to property is confirmed by appropriate evidence.
Powers of local Self-Government
Studying the statements of the Law of Ukraine "About Local Self-Government in Ukraine", the court stated that in accordance with paragraph 51 of part 1 of Article 26 to the exclusive competence of local government belong:
· giving its agreement to the transfer of objects from state to communal ownership,
· making decisions on the transfer of objects from communal to state ownership,
· acquisition of state property.
At the same time, the procedure and conditions for the transfer of state property to communal ownership, the mechanism of making decisions on such transfer, in addition to a special law which in this case is the Law of Ukraine "About Ensuring Housing Rights of Dormitory Residents", are also regulated with:
· Law of Ukraine "About the transfer of objects of state and municipal property",
· Regulations regarding the procedure for transfer of objects of state and communal property rights, approved by the resolution of the Cabinet of Ministers of Ukraine dated 21 September – 1998, № 1482.
Thus, in accordance with part 1 of Article 5 of the Law of Ukraine "About Ensuring the Realization of Housing Rights of Dormitory Residents", dormitories may become the property of territorial communities:
· on voluntary (contractual) terms,
· in case of refusal of the governing bodies (authorized persons) of the dormitory owners from such transfer by a court decision at the request of the local self-government body.
Terms of transfer of state-owned objects
Taking into the consideration all of the above the court came to the following conclusion:
· even in the absence of the above grounds for the transfer of the dormitory to the territorial community of the city of Kremenchuk (subject of communal property) the contested decision of the local government to agree to accept the dormitory is:
ü firstly, one of the components of the statutory procedure for the transfer of dormitories,
ü and secondly, not an independent and sufficient basis for the transfer of the dormitory from the plaintiff to the subject of communal property,
therefore, its existence and action does not create an injunction or coercion for the debtor (plaintiff).
And if the rights of the debtor (plaintiff) are not violated, respectively the cancellation of the decision of the local government will not lead to the restoration of these rights, in connection with which the claims in this case are not subject to satisfaction.
Author: Andrii Spektor


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Home » MP Stetski sponsors petition to keep Air Canada service
MP Stetski sponsors petition to keep Air Canada service
MP Wayne Stetski
Wayne Stetski, Member of Parliament for Kootenay – Columbia, is sponsoring a petition calling for federal Transport Minister Marc Garneau to recommend Air Canada maintain service between Canadian Rockies International Airport and Calgary International Airport.
The petition was initiated by William McKerrow in response to Air Canada's announcement last month that it would stop flying the Cranbrook-Calgary route after April 29. The petition recommends that one trip per day in each direction be maintained.
On sponsoring the petition, MP Stetski said, "it is important to maintain transportation options in the region, particularly since we're still facing gaps from the departure of Greyhound bus service in 2018."
When asked what inspired Mr. McKerrow to pursue this petition he shared, "residents of Cranbrook and surrounding areas are facing ever growing barriers in accessing essential services such as treatment options in areas such as mental health, addictions, and health care in general. Although our East Kootenay Regional Hospital is expanding, there is still a gap in services, which leave residents having to access outside communities. Additionally, it leaves residents of our rural communities further isolated."
The petition highlights the importance of national airline service between Cranbrook and Calgary to the local economy, noting that regional tourism marketing organizations have targeted campaigns around the air service.
The petition raises concerns about seat availability with a single airline operating the route as well as the possibility of an increase to the Airport Improvement Fee.
The electronic petition is open to signatures until May 9.
The paper petition can be signed at MP Stetski's Cranbrook constituency office until May 9, and extra copies can be obtained by contacting the office. The petition will be presented in the House of Commons in May.
Air CanadaCalgary International AirportCanadian Rockies International AirportGreyhoundHouse of CommonsMember of Parliament for Kootenay-ColumbiaTransport Minister Marc GarneauWayne StetskiWilliam McKerrow


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