text:
OC.L10N.register(
    "files",
    {
    "Storage is temporarily not available" : "El almacenamiento no está disponible temporalmente",
    "Storage invalid" : "Almacenamiento invalido",
    "Unknown error" : "Error desconocido",
    "All files" : "Todos los archivos",
    "File could not be found" : "No se pudo encontrar el archivo",
    "Home" : "Particular",
    "Close" : "Cerrar",
    "Favorites" : "Favoritos",
    "Could not create folder \"{dir}\"" : "No se pudo encontrar la carpeta \"{dir}\"",
    "Upload cancelled." : "Subida cancelada.",
    "Unable to upload {filename} as it is a directory or has 0 bytes" : "No ha sido posible subir {filename} porque es un directorio o tiene 0 bytes",
    "Not enough free space, you are uploading {size1} but only {size2} is left" : "No hay suficiente espacio libre, intentas cargar {size1} pero solo tienes disponible {size2}",
    "You don't have permission to upload or create files here" : "No tienes permisos para subir o crear archivos aquí.",
    "Target folder \"{dir}\" does not exist any more" : "La carpeta destino \"{dir}\" ya no existe",
    "Not enough free space" : "No hay suficiente espacio libre",
    "Uploading..." : "Subiendo...",
    "..." : "...",
    "{loadedSize} of {totalSize} ({bitrate})" : "{loadedSize} de {totalSize} ({bitrate})",
    "File upload is in progress. Leaving the page now will cancel the upload." : "La subida del archivo está en proceso. Si sale de la página ahora, la subida será cancelada.",
    "Actions" : "Acciones",
    "Download" : "Descargar",
    "Rename" : "Renombrar",
    "Delete" : "Eliminar",
    "Disconnect storage" : "Desconectar almacenamiento",
    "Unshare" : "Dejar de compartir",
    "Files" : "Archivos",
    "Details" : "Detalles",
    "Select" : "Seleccionar",
    "Pending" : "Pendiente",
    "Unable to determine date" : "No se puede determinar la fecha",
    "Invalid path" : "Ruta no valida",
    "This operation is forbidden" : "Esta operación esta prohibida",
    "This directory is unavailable, please check the logs or contact the administrator" : "Este directorio no está disponible, por favor, comprueba los registros o ponte en contacto con el administrador",
    "group" : "grupo",
    "Could not move \"{file}\", target exists" : "No se pudo mover \"{file}\", ya existe",
    "Could not move \"{file}\"" : "No se pudo mover \"{file}\"",
    "{newName} already exists" : "{newName} ya existe",
    "Could not rename \"{fileName}\", it does not exist any more" : "No se pudo renombrar \"{fileName}\", el archivo no existe",
    "The name \"{targetName}\" is already used in the folder \"{dir}\". Please choose a different name." : "El nombre \"{targetName}\" ya está siendo usado en la carpeta \"{dir}\". Por favor, elige un nombre diferente.",
    "Could not rename \"{fileName}\"" : "No se pudo renombrar \"{fileName}\"",
    "Could not create file \"{file}\"" : "No se pudo crear el archivo \"{file}\"",
    "Could not create file \"{file}\" because it already exists" : "No se pudo crear el archivo \"{file}\" porque ya existe",
    "Could not create folder \"{dir}\" because it already exists" : "No se pudo crear la carpeta \"{dir}\" porque ya existe",
    "Error deleting file \"{fileName}\"." : "Error al borrar el archivo \"{fileName}\".",
    "Name" : "Nombre",
    "Size" : "Tamaño",
    "Modified" : "Modificado",
    "_%n folder_::_%n folders_" : ["%n carpeta","%n carpetas"],
    "_%n file_::_%n files_" : ["%n archivo","%n archivos"],
    "{dirs} and {files}" : "{dirs} y {files}",
    "_Uploading %n file_::_Uploading %n files_" : ["Subiendo %n archivo","Subiendo %n archivos"],
    "New" : "Nuevo",
    "\"{name}\" is an invalid file name." : "\"{name}\" es un nombre de archivo inválido",
    "File name cannot be empty." : "El nombre de archivo no puede estar vacío.",
    "Storage of {owner} is full, files can not be updated or synced anymore!" : "El almacenamiento de {owner} esta lleno, no se puede actualizar o sincronizar más!",
    "Your storage is full, files can not be updated or synced anymore!" : "Su almacenamiento está lleno, ¡los archivos no se actualizarán ni sincronizarán más!",
    "Storage of {owner} is almost full ({usedSpacePercent}%)" : "Almacenamiento de {owner} está lleno ({usedSpacePercent}%)",
    "Your storage is almost full ({usedSpacePercent}%)" : "Su almacenamiento está casi lleno ({usedSpacePercent}%)",
    "Path" : "Ruta",
    "Favorited" : "Favorito",
    "Favorite" : "Favorito",
    "Folder" : "Carpeta",
    "New folder" : "Nueva carpeta",
    "{newname} already exists" : "{newname} ya existe",
    "Upload" : "Subir archivo",
    "An error occurred while trying to update the tags" : "Se produjo un error al intentar actualizar las etiquetas",
    "A new file or folder has been created" : "Un nuevo archivo o carpeta ha sido creado",
    "A file or folder has been changed" : "Una carpeta ha sido cambiada",
    "A file or folder has been deleted" : "Un archivo o carpeta ha sido borrada",
    "A file or folder has been restored" : "Un archivo o carpeta ha sido restaurado",
    "You created %1$s" : "Has creado %1$s",
    "%2$s created %1$s" : "%2$s creó %1$s",
    "%1$s was created in a public folder" : "%1$s fue creado en una carpeta pública",
    "You changed %1$s" : "Has cambiado %1$s",
    "%2$s changed %1$s" : "%2$s cambió %1$s",
    "You deleted %1$s" : "Has eliminado %1$s",
    "%2$s deleted %1$s" : "%2$s borró %1$s",
    "You restored %1$s" : "Restauraste %1$s",
    "%2$s restored %1$s" : "%2$s recuperó %1$s",
    "Changed by %2$s" : "Modificado por %2$s",
    "Deleted by %2$s" : "Borrado por %2$s",
    "Restored by %2$s" : "Recuperado por %2$s",
    "Upload (max. %s)" : "Subir (max. %s)",
    "Settings" : "Ajustes",
    "Show hidden files" : "Mostrar archivos ocultos",
    "WebDAV" : "WebDAV",
    "Use this address to access your Files via WebDAV" : "Usa esta dirección para acceder a tus Archivos via WebDAV",
    "No files in here" : "No hay archivos aquí",
    "Upload some content or sync with your devices!" : "Sube algun contenido o sincroniza tus dispositivos!",
    "No entries found in this folder" : "No se encontraron entradas en esta carpeta",
    "Select all" : "Seleccionar todo",
    "Upload too large" : "Subida demasido grande",
    "The files you are trying to upload exceed the maximum size for file uploads on this server." : "Los archivos que estás intentando subir sobrepasan el tamaño máximo permitido en este servidor.",
    "No favorites" : "No hay favoritos",
    "Files and folders you mark as favorite will show up here" : "Los archivos y carpetas que marcaste como favoritos aperecerán aquí",
    "Text file" : "Archivo de texto",
    "New text file.txt" : "Nuevo texto archivo.txt"
},
"nplurals=2; plural=(n != 1);");


text:
Национальный чемпионат I 1948/1949 () — 46-й сезон чемпионата Венгрии по футболу.

Клубы-участники

Турнирная таблица

Результаты матчей

Ссылки
 Чемпионат Венгрии на rsssf.com

1948/1949
Венгрия
Спорт в Венгрии в 1948 году
Венгрия
Спорт в Венгрии в 1949 году

redpajama_set_name: RedPajamaWikipedia


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text:
In The Shadow of the Library: Terror and Wonder – The Gothic Imagination
Richly Evocative / October 20, 2014
"This tower, patched unevenly with black ivy, arose like a mutilated finger from among the fists of knuckled masonry and pointed blasphemously at heaven. At night the owls made of it an echoing throat; by day it stood voiceless and cast its long shadow."
Mervyn Peake, Titus Groan
'Tis the middle of night by the castle clock,
And the owls have awakened the crowing cock ;
Tu–whit !– — Tu–whoo !
And hark, again ! the crowing cock,
How drowsily it crew.
Cristabel, Samuel Taylor Coleridge
I hear her voice
calling my name
the sound is deep
and start to run
The Cure, A Forest
Crumbling ruins, moonlight, tree-lined walks, bats flitting, owls hooting, wolves howling, trapdoors and darkling cellar stairs… Ever since I can remember I've been attracted to things that might be termed 'Gothic'. For that reason I have been looking forward enormously to the latest exhibition at the British Library: Terror and Wonder – The Gothic Imagination.
So impatient was I to get along that I booked tickets for a day when I had to look after our youngest son on my own – having persuaded a somewhat reluctant staff member over the phone that if he disturbed other visitors with any hackle-raising scampering or horrific baby shrieks, we would make a swift exit. Thankfully, safely strapped up in sling, he slept through most of the experience, waking only after an hour in time to see some Lemony Snicket cover art.
If you approach the British Library from Midland Road alongside St Pancras, you can enjoy an appropriately Gothic view on route to the exhibition with the tower of Sir George Gilbert Scott's recently restored Midland Grand Hotel (now St Pancras Renaissance) looming above the street. Inside, to the right of the bookshop you enter through a discrete door, pass a large Nosferatu silhouette and descend some steps into semi-darkness, where the exhibition begins in 1764 with Walpole's The Castle of Ortranto.
My interest in the Gothic was first fired by reading ghost stories: initially things like the Aiden Chambers edited Third Armada Ghost Book for children and then the master himself M R James. Perhaps the greatest writer of ghost stories in English, it is interesting to note that MR James was not enormously fond of the Gothic mode in literature. In an article for The Bookman in 1929 'Some remarks on Ghost Stories' James rather waspishly declared:
"the belted knight who meets the spectre in the vaulted chamber and has to say 'By my halidom' or words to that effect, has little actuality about him. Anything, we feel, might have happened in the fifteenth century."
It is fair to say that there is a rather large stylistic chasm between the painstakingly crafted, everyday settings, (that is for somewhat closeted, turn of the century train-riding, auction-attending academics and antiquarians), of many of James' short stories and the ivy-clad, virgin ravishing, perverted father-in-law-giant-head-haunted pseudo-medieval halls of the classic 18th century Gothic novel. What Terror and Wonder does brilliantly is to bridge that gap.
Starting with the dark castles, crumbling monasteries and cobwebbed gloom of early Gothic works, such as Walpole's, the exhibition traces the evolution of the genre through several key stages in its history to the present day. Moving from Gothic Beginnings and a Taste for Terror, to Victorian Monstrosity, Decadence and Degeneration and on to Modern Horrors and A Weekend in Whitby, it becomes clear how the form developed from Walpole through Anne Radcliffe, Matthew 'Monk' Lewis, Henry Fuseli, Mary Shelley, Emily Bronte, Charles Dickens, Wilkie Collins, Oscar Wilde, Robert Louis Stevenson, Bram Stoker and on to MR James himself and beyond.
These writers represent just a few key pre-20th century figures in the movement, many other writers and influences are covered in the various gallery sections, as the growth of Gothic is traced forward through time, these include Arthur Machen, Mervyn Peake, Algernon Blackwood, Edgar Allen Poe, Hammer Horror, Stephen King, Neil Gaiman, Sarah Walters, The Cure, Siouxsie and the Banshees, Grant Morrison, Dave McKean, Ben Wheatley and Lemony Snicket. Naturally the main focus of the exhibition is on Gothic in its written, fictional form, but major historic, cultural and social influences are referenced and explained to set the works in context. We also see how other art forms such as painting, architecture, comics, fashion, film, poetry, television and music have embraced, responded to, or set the Gothic agenda.
The gallery is designed and dressed wonderfully throughout, with dark drapes, Gothic style clothing, projections, TV screens and music adding hugely the atmosphere. I enjoyed the whole exhibition from beginning to end, but my highlights included: seeing numerous first editions and manuscripts replete with author's notes – notably Matthew Lewis' post public outcry editing of his extremely enthusiastic descriptions of the fondling of a girl's breasts, Stanley Kubrick's 'Overlook Hotel' scrapbook, filmed interviews with the enthused, informed and witty Neil Gaiman and Sarah Walters, Dr Dee's Mirror, or 'shew stone' – a black, reflective looking glass, brought to Europe from Mexico some time in the 16th century and later owned by Horace Walpole, a wonderful Martin Parr photograph of a Goth Football team and The Cure's A Forest playing in the background as I walked through the Modern Horrors section.
Curator Tim Pye and co-curator Tanya Kirk have done a wonderful job. Fascinating, generous in scope, but rich in detail, anyone with even the most passing interest in the darker strands of English literary culture should get a ticket. You have until January 20th.
Dr Dee's Mirror
BBC Gothic Season
Including Andrew Graham-Dixon on The Art of Gothic – informed, entertaining and occasionally scathing stuff – as with amusing mock-outgrage in discussion of Chatterton's Rowley forgeries:
My favourite bits I think are the drawings which are quite astonishingly naive in their handling…always with these sort of splats of staining. As if time could have done that. What, does time go around with buckets of tea in either hand going psssh psssh, now you're an old document?
Also includes fascinating Dan Cruikshank doc on the Gilbert-Scott dynasty building some of Britain's finest Victorian Gothic buildings.
Casting The Runes and other Ghost Stories
M. R. James, ed. Michael Cox, 1987, OUP.
October 20, 2014 in Art, Books, Film. Tags: A Forest, Andrew Graham-Dixon, BBC, British Library, Castles, Comics, Cristabel, Dan Cruikshank and the family the built gothic Britain, Dave McKean, dracula, Frankenstein, Ghosts, Goth, Gothic, Horace Walpole, Literature, M R James, Mervyn Peake, Midland Grand Hotel, Monsters, Neil Gaiman, Paranormal, Reading, Samuel Taylor Coleridge, Sarah Walters, St Pancras, Tanya Kirk, Terror and Wonder, The Art of Gothic, The Cure, The Gothic Imagination, Tim Pye, Vampires, whitby
Lyrical by the sea: Clevedon's Poet's Walk
Books found and books lost: another year of reading
← A chamber of magic beneath the A212: The Crystal Palace Subway
Waiting in the boneyard: Abney Park →
2 thoughts on "In The Shadow of the Library: Terror and Wonder – The Gothic Imagination"
dianajhale says:
I've been looking forward to this too – sounds wonderful. Love the photos – very atmospheric!
Thanks it is really well done, good balance between populist and academic. Couldn't resist tweaking the photos to lend an appropriate mood

redpajama_set_name: RedPajamaCommonCrawl


text:
Tropical health threats
By Sam Barrett	 3rd March 2008 12:00 am 3rd November 2015 6:29 pm
The threat of serious diseases is a major consideration for staff travelling abroad on business, and employers should ensure that they are adequately covered against them, says Sam Barrett
Sending employees overseas is a good way to win, and conduct, international business but, if the right health precautions aren't taken, staff could come back with something much less desirable.
A whole host of tropical diseases lie in wait for unsuspecting travellers. Malaria, which is found in Africa, Asia, Latin America, the Middle East and parts of Europe, can cause fever and vomiting and result in death if left untreated. Cholera, lurking predominantly in the tropics, is an intestinal infection that causes diarrhoea, dehydration and, potentially, death. And, if staff travel to Africa or South America they could contract yellow fever, resulting in fever, vomiting, jaundice and, in some cases, death.
While the list of symptoms makes for unpleasant reading, the risk of contracting many of these diseases can be greatly reduced by being immunised or taking a course of tablets before setting off. Mark Coleman, director of international sales at healthcare provider Cigna International, says: "Most employers wouldn't think twice about picking up the cost of these treatments. They tend to feel morally obliged not to put their employees at risk of contracting what can be fatal diseases."
It can also be relatively inexpensive to get all the necessary jabs and tablets. Some of the most frequently-requested vaccinations, according to Bupa, for example, are a hepatitis A and typhoid jab, priced at £95, a combined tetanus, polio and diphtheria vaccination at £46, an innoculation for yellow fever, which costs £51, and a course of anti-malarial drug Marlarone at £40 for 12 tablets.
Some healthcare providers in the corporate market will be able to supply staff with vaccinations. Bupa, for example, can give these onsite for larger organisations that accomodate one of its Wellness centres. Other employers, meanwhile, can send staff to its City-based Austin Friars Wellness centre.
International medical insurance can help, with some corporate schemes covering the cost of pre-travel immunisations. Cigna International, for example, covers immunisations for 10 tropical diseases, including hepatitis A and B, cholera and rabies, as well as the cost of malaria tablets for employees and any dependants travelling with them.
Likewise, Goodhealth Worldwide includes immunisations in some of its corporate schemes. Andrew Apps, global sales and business development director, adds: "Many insurers will include it, sometimes as a standard benefit under the wellbeing section, or as an optional add-on."
But whether an insurer or the employer picks up the tab, relying on immunisations alone isn't necessarily enough to safeguard employee health. Dr Trevor Smith, clinical director at employee health specialist PMI Health Group, explains: "Immunisations and tablets don't give 100% protection from tropical diseases. For example, with the anti-malarial tablets, their efficacy will vary according to where you're going, with some strains resistant to some tablets." He recommends any immunisation programme is supplemented by education on how staff can avoid risks in the first place. If someone is travelling to an area where typhoid is a problem, for example, then it is wise to advise them they should not drink the water or eat raw products, which may have been washed in it. "It's also sensible to educate staff about what they need to do if they get some of the more common health problems, such as diarrhoea, as without the right treatment this can be very debilitating," adds Smith.
Apps agrees this is important but believes it is often overlooked by employers. "Large companies and those that are regularly sending employees overseas tend to have the resources to do this but where it's more unusual to send employees abroad, or they're sent at the last minute, they won't receive this sort of advice," he says.
It can be relatively straightforward, however, to provide relevant information as there are plenty of free sources available, especially online. The Foreign & Commonwealth Office, for example, has details of the immunisations it recommends for every country and many of the international medical insurance companies can also provide this. Smith also recommends the Fit for Travel website, which is run by the Scottish NHS, for advice to keep employees healthy wherever they are posted.
If you read nothing else read this…
The risk of contracting many tropical diseases, including malaria, typhoid, cholera and yellow fever, can be greatly reduced through vaccination or by taking a course of tablets before employees travel.
Although international medical insurance will cover the cost of treatment if an employee contracts a tropical disease not all policies will pick up the relatively inexpensive cost of pre-travel jabs and tablets.
Websites such as those run by the Foreign & Commonwealth Office (www.fco.gov.uk) and the Scottish NHS (www.fitfortravel.scot.nhs.uk) can provide information about health risks in different countries around the world.
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The grand opening to your business is an exciting time—and a lot of work. You might have the sign on the door and the keys for your locks, but you're not finished. Personal responsibility is essential for any new business. Displaying products and hiring employees are the last steps in setting up shop.
Get started with a checklist of the items you need for your office, including the tangible things (like signs) and intangible things (such as positive environment).
Write out all the necessities and amenities you'll need. An often forgotten necessity is a list of smart and safe practices around your workplace. Post an evacuation plan map so your staff knows where the quickest exit is. Add friendly reminders about fuse boxes, drainage pipes, or hidden stairs. Check your state and local safety ordinances. Buy and store your fire extinguisher.
It's easy to overlook health and safety. Employees get busy and forget to regularly wash their hands or wipe down counters. Good hygiene practices will keep your employees healthy. Especially in an open office, or in a store where people move around a lot, even a little summer cold spreads like wildfire. Keep everyone safe and healthy by reminding your workers to look out for themselves and others. Allowing employees a liberal amount of sick days will keep company-wide viruses at bay.
Think of stocking the office the way you pack your car before taking a trip. If there's something you might need down the road, you should make sure it's stored and ready for when you need it.
A safe and healthy work environment is made possible by participating employees. You have to motivate them and hold them responsible for their actions. MySafetySign's 2015 Health and Safety Industry Survey showed the dangers of ignoring health and safety concerns in the workplace.
What's more challenging than implementing good health and safety practices at a new business? Changing poor practices after you've already started. A majority of the survey participants said they believe that their workers don't understand, aren't interested, or could prevent positive health and safety practices in the workplace.
Once you're in charge, you get to decide the safety measures in your store or office, and you set the tone and culture of your safe practices. A big part of the safety culture is including your workers in your plans. They can't comply if they don't know what the rules are.
Simple conversations go a long way in helping you keep your staff apprised of all changes. Start with their input from the beginning and include them in your major plans. Make sure that your workers know they can come to you with additions or suggestions, or ways to make the rules clearer and easier to understand.
Chairs are a critical part of office décor, but please skip the flimsy plastic ones. You may not need a work of art, but you should spend some time and money looking for comfortable and supportive seating. Chairs, you can replace. Your back? Not so much.
So, you may want to take a look into standing desks, or a way to transform your desk into a standing desk at least part of the time, to relieve some of lower back stress.
Exercising after work isn't enough to alleviate the damage we do by sitting all day. Encourage employees to get up out of their supportive chairs to walk around and stretch.
In a panic, you won't always remember where safety equipment is, and your employees probably won't either. Owners need to keep track of essential tasks like stocking a fire extinguisher, labeling exits, planning evacuation routes, and posting emergency phone numbers.
Be sure to maintain smart hygiene practices in your office. You can assume that your employees all wash their hands, but a simple sign can go a long way to increasing compliance. Post important signs at your entrance, near the restroom, the fire extinguisher, and the fire exits. Getting proper signage prevents confusion and helps you make sure that everyone knows where to go during an emergency.
You'll never know how much you'll need your emergency equipment until you're looking for it. Be as prepared as possible so no one panics. This is most important when you're getting started, to make sure you're not playing catch up later on, or finding it necessary to add extra safety precautions that you didn't think about the first time around. The time to post a sign about your fire extinguishers and emergency exits is now, not when Bob has that problem with the microwave again.
You also need a plan of action for accidents and violations. Once you ensure that everyone is physically fine, you need to take steps to make sure that your employees are aware of what your expectations are, and what they can do to meet your common goals.
You're busy, but it's also important to recognize that your brain isn't meant to work in an unending loop. Get up to move around every 20 minutes, or take a 20-second break to look at anything but your computer, to save your brain and your eyes some trouble.
Stepping away from the computer or the sales counter helps you focus your mind elsewhere, which will help keep you alert.
While a safe office is the ultimate reward, employees rarely appreciate the long-term incentive. Encourage your employees to regularly look out for safety hazards and to be cautious around dangers in the office. Offer company-wide rewards for every week, month, or quarter you go without an incident. Nominate safety workers to help maintain order in your area.
Hold yourself accountable as well. Make a set of rules and be aware of how you maintain safety and quality control. Have regular safety meetings to remind staff about any changes in policy, or new additions to your safety protocol.
Some workplace hazards aren't necessarily the most obvious ones. Your workers probably worry about things that you're not aware of, so go out of your way to work with your employees to address their concerns. If your schedule does not allow for time for these conversations, employ HR or a designated employee question and retention team to make sure that your staff knows that they always have someone they can speak with if they need anything. Make sure to follow up and stick with your original goals. Consistency goes a long way.
Keeping your employees safe and healthy prevents accidents and injuries. Healthy employees maximize productivity and output at work. Remember—an efficient workplace is a safe one.
What does your business do to ensure employee safety? Do you follow the steps listed above, or do you have any to add?


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Indian Law Bulletins | Federal Courts | Swinomish Indian Tribal Community v. BNSF Railway Company
2017 WL 132448
Only the Westlaw citation is currently available.
United States District Court,
W.D. Washington,
at Seattle.
Swinomish Indian Tribal Community, a federally recognized Indian tribe, Plaintiff,
BNSF Railway Company, a Delaware corporation, Defendant.
No. C15-543RSL
Signed 01/13/2017
ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT
Robert S. Lasnik, United States District Judge
*1 This matter comes before the Court on plaintiff's "Amended Motion for Summary Judgment" (Dkt. # 58) and defendant "BNSF Railway Company's Cross-Motion for Partial Summary Judgment" (Dkt. # 63). Plaintiff filed this suit in April 2015 alleging that defendant breached a Right-of-Way Easement Agreement ("Easement Agreement"), asserting claims of breach of contract and trespass, and seeking damages, declaratory judgment, and injunctive relief. Defendant raised preemption as an affirmative defense, arguing that plaintiff's claims are barred by the Interstate Commerce Commission Termination Act ("ICCTA"), 49 U.S.C. § 10501 et seq. Plaintiff filed a motion for a summary determination of the preemption defense. Defendant cross-moved on the preemption issue and seeks judgment in its favor on the breach of contract, trespass, and injunctive relief claims.
Summary judgment is appropriate when, viewing the facts in the light most favorable to the nonmoving party, there is no genuine dispute as to any material fact that would preclude the entry of judgment as a matter of law. The party seeking summary dismissal of the case "bears the initial responsibility of informing the district court of the basis for its motion" (Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)) and "citing to particular parts of materials in the record" that show the absence of a genuine dispute of material fact (Fed. R. Civ. P. 56(c)). Once the moving party has satisfied its burden, it is entitled to summary judgment if the non-moving party fails to designate "specific facts showing that there is a genuine issue for trial." Celotex Corp., 477 U.S. at 324. The Court will "view the evidence in the light most favorable to the nonmoving party ... and draw all reasonable inferences in that party's favor." Krechman v. County of Riverside, 723 F.3d 1104, 1109 (9th Cir. 2013). Although the Court must reserve for the jury genuine issues regarding credibility, the weight of the evidence, and legitimate inferences, the "mere existence of a scintilla of evidence in support of the non-moving party's position will be insufficient" to avoid judgment. City of Pomona v. SQM N. Am. Corp., 750 F.3d 1036, 1049 (9th Cir. 2014); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252 (1986). Summary judgment should be granted where the nonmoving party fails to offer evidence from which a reasonable jury could return a verdict in its favor. FreecycleSunnyvale v. Freecycle Network, 626 F.3d 509, 514 (9th Cir. 2010).
Having reviewed the memoranda, declarations, and exhibits submitted by the parties and having heard the arguments of counsel, the Court finds as follows:
Plaintiff, the Swinomish Indian Tribal Community, is a federally-recognized Indian tribe organized under the Indian Reorganization Act of 1934, 25 U.S.C. § 476. The Tribe is a successor to the signatories of the Treaty of Point Elliott of 1855, which established the Swinomish Reservation on Fidalgo Island, Washington, for the Tribe's "exclusive use." 12 Stat. 927, 1859 WL 10138 at *2 (signed Jan. 22, 1855). The reservation lands are held by the United States in trust for the Tribe.
*2 In or around 1889, the Seattle and Northern Railway Company began constructing a rail line across the northern edge of the Swinomish Reservation. The Tribe objected, and the construction was temporarily halted while an agent of the Commissioner of Indian Affairs investigated. The local U.S. Attorney was "directed to institute proceedings to prevent the building of the railroad across the said Indian reservation." Dkt. # 33-1 at 13. In response, the railway company petitioned the Department of Interior, Office of Indian Affairs, to obtain consent to a right of way across the reservation. The Acting Commission notified the railway company that "in all cases where right of way for railroads through Indian reservations is not provided for by treaties or agreements by the United States with the Indians, congressional action is necessary to ratify agreements by railway companies with the Indians for such right of way &c." Dkt. # 33-1 at 10. There is no indication that Seattle and Northern Railway Company obtained approval from the Tribe, the Department of Interior, or Congress before completing the line.
In or around 1970, the Tribe contacted Seattle and Northern Railway Company's successor, Burlington Northern Railroad, regarding what it regarded as an on-going and unauthorized use of tribal lands. The parties were unable to come to an agreement and, in 1977, the Tribe requested that the United States bring a lawsuit against Burlington Northern for trespass damages and removal of the rail line. Dkt. # 33-1 at 15 and 18. Burlington Northern filed an application with the Bureau of Indian Affairs ("BIA") for a railroad right of way across the reservation, arguing that its right was established by the Act of March 2, 1899, 25 U.S.C. § 312. Dkt. # 33-1 at 24. The Tribe objected, and the application was denied. Dkt. # 33-2 at 4-5 and 15. Burlington Northern sought an administrative appeal, arguing that tribal consent was not required. Dkt. # 33-2 at 31-44. The Area Director of the BIA affirmed the decision, noting that "Congress had made it clear that the consent of tribes organized under the Indian Reorganization Act was essential before the United States could alienate interests in those tribe's trust lands...." Dkt. # 33-3 at 47. A further appeal to the Assistant Secretary for Indian Affairs was denied on the same ground. Dkt. # 33-4 at 4.
Meanwhile, the Tribe filed a trespass action in this district against Burlington Northern seeking both damages and injunctive relief. Dkt. # 33-2 at 20-23. Burlington Northern filed a separate complaint seeking to compel the Secretary of the Interior to grant a right of way across the reservation. Dkt. # 33-4 at 8-14. The Tribe intervened in that matter, and the parties filed cross-motions for summary judgment on the issue of tribal consent. The Honorable Donald S. Voorhees deferred consideration of the motions until the Ninth Circuit issued a ruling in a factually similar case. Dkt. # 33-4 at 24-25. When the Ninth Circuit held that tribal consent is a condition precedent to the grant of a railroad right of way across tribal lands (S. Pac. Transp. Co. v. Watt, 700 F.2d 550 (9th Cir. 1983)), Burlington Northern acknowledged that the decision was contrary to its position. Summary judgment was entered in favor of the Tribe and the United States. Dkt. # 33-4 at 28-29. Burlington Northern appealed the decision to the Ninth Circuit, dismissing the appeal only after the Supreme Court denied the petition for certiorari in Southern Pacific.
The Tribe's suit for ejectment and damages remained pending in this district. The Interstate Commerce Commission ("ICC") sought leave to intervene, arguing that it had exclusive jurisdiction over whether abandonment of the rail line or discontinuance of rail transportation over a line, as sought by the Tribe, was in the national interest. Dkt. # 33-6 at 30-31. Judge Voorhees denied the motion as premature: the matter had been bifurcated, and the ICC's concerns regarding an appropriate remedy could be heard if and when liability were established. Dkt. # 33-7 at 2-3. The Tribe and Burlington Northern eventually negotiated a settlement of all outstanding matters through which Burlington Northern would submit to the BIA an application for a right of way easement on terms and conditions agreed to by the parties, and the Tribe would notify the BIA that it consented to the specified terms. Dkt. # 33-4 at 35. Both parties performed, and the BIA approved the settlement and granted the right of way on the terms described in the Easement Agreement and under the authority of the Indian Right of Way Act of 1948 ("IRWA") and its implementing regulations. Dkt. # 33-5 at 3 and 33-8 at 21.
*3 This action arises out of the Easement Agreement. Burlington Northern agreed to pay $125,000 as full payment "for all rent, damages and compensation of any sort, due for past occupancy of the right-of-way from date of construction in 1889 until January 1, 1989." Dkt. # 33-5 at 4. Thereafter, Burlington Northern would pay $10,000 per year, adjusted periodically based on the Consumer Price Index and changes in property values. The easement has an initial term of forty years, with two twenty year extensions at Burlington Northern's option. Burlington Northern promised to "keep the Tribe informed as to the nature and identity of all cargo transported by Burlington Northern across the Reservation" through annual disclosures and to "comply strictly with all Federal and State Regulations regarding classifying, packaging and handling of rail cars so as to provide the least risk and danger to persons, property and the natural environment of the Reservation." Dkt. # 33-5 at 10-11. Burlington Northern also promised that:
unless otherwise agreed in writing, only one eastern bound train, and one western bound train, (of twenty-five (25) cars or less) shall cross the Reservation each day. The number of trains and cars shall not be increased unless required by shipper needs. The Tribe agrees not to arbitrarily withhold permission to increase the number of trains or cars when necessary to meet shipper needs. It is understood and agreed that if the number of crossings or the number of cars is increased, the annual rental will be subject to adjustment...
Dkt. # 33-5 at 11.
The Tribe alleges that BNSF Railway Company, Burlington Northern's successor, has breached the terms and conditions of the easement and that the overburdening of the right of way constitutes a trespass. Since at least 1999, BNSF had not complied with the cargo reporting requirement despite requests from the Tribe. In October 2011, the Tribe contacted BNSF about reports that Tesoro Refining & Marketing Company, LLC, one of the oil companies with operations in Anacortes, Washington, intended to ship—and BNSF intended to carry—crude oil in 100-car trains across the reservation. The Tribe reminded BNSF of its obligation to obtain written approval for any such increase in traffic and expressed concern regarding the impact of the proposed increase on the Tribe's recently-completed hotel development project. BNSF did not respond. Dkt. # 64-9 at 2-3. The Tribe sent a second letter in September 2012 when 100-car shipments from Tesoro began. In February 2013, BNSF confirmed that, in addition to the locals that serve the March Point refineries, unit trains of crude oil from North Dakota averaging 102 cars in each direction were crossing the reservation almost every day. The Tribe would not approve such shipments, and BNSF announced its intention to continue running the unit trains as it had been doing since 2012. This litigation followed, with the Tribe seeking declaratory and injunctive relief in addition to damages. The cross-motions for summary judgment raise three separate issues: (1) whether there has been a breach of contract; (2) whether the ICCTA preempts the Tribe's state law claims; and (3) whether the ICCTA preempts the remedies afforded by the IRWA for breach of the Easement Agreement.
A. Breach of Contract
There is no genuine issue of fact regarding the existence of a breach in this case. BNSF's predecessor promised to keep the Tribe apprised of the cargo it was carrying and to limit the number of trains (and the number of cars in those trains) "unless otherwise agreed in writing." BNSF has breached both of those promises: it failed to timely disclose its cargo and it made no attempt to obtain the Tribe's written agreement to an increase in traffic across the reservation until long after the unit train shipments had begun. Regardless of whether the Tribe subsequently withheld its consent in an arbitrary manner, BNSF breached the Easement Agreement.
B. Preemption of State and Local Regulation Under the ICCTA
*4 The Interstate Commerce Commission Termination Act of 1995 ("ICCTA") substantially deregulated the railroad industry and replaced the ICC with the Surface Transportation Board ("STB"). Assoc. of Am. R.R. v. S. Coast Air Quality Mgmt. Dist., 622 F.3d 1094, 1096 (9th Cir. 2010); PCS Phosphate Co., Inc. v. Norfolk S. Corp., 559 F.3d 212, 218 (4th Cir. 2009). The STB has exclusive jurisdiction over "transportation by rail carriers, and the remedies provided in this part with respect to rates, classifications, rules ..., practices, routes, services, and facilities of such carriers," as well as the "abandonment, or discontinuance of" tracks. 49 U.S.C. § 10501(b). The remedies provided by the ICCTA "with respect to regulation of rail transportation are exclusive and preempt the remedies provided under Federal or State law." Id.
Prior to 1995, state authorities had a role in administering the standards and procedures that governed transportation by rail carriers. See Staggers Rail Act of 1980, Pub. L. No. 96-448, § 214(c)(5), 94 Stat. 1895, 1915 (1980). Consolidating regulatory control in a federal agency was meant to prevent "the balkanization and subversion of the Federal scheme of minimal regulation for this intrinsically interstate form of transportation." Fla. E. Coast Ry. Co. v. City of W. Palm Beach, 266 F.3d 1324, 1338 (11th Cir. 2001) (quoting H.R. Rep. 104-311, at 96 (1995), reprinted in 1995 U.S.C.C.A.N. 793, 808). The STB's exclusive sphere of influence reaches all state and local attempts to affect "transportation by rail carriers." It does not, however, reach every regulation that impacts a carrier in any way. "State and local regulation is appropriate where it does not interfere with rail operations. Localities retain their reserved police powers to protect the public health and safety so long as their actions do not unreasonably burden interstate commerce." Grafton & Upton R.R. Co., FD 35779, 2014 WL 292443, at * 5 (STB Jan. 22, 2014) (citing Green Mountain R.R. v. Vt., 404 F.3d 638, 643 (2d Cir. 2005)). See New England Cent. R.R., Inc. v. Springfield Terminal Ry. Co., 415 F. Supp. 2d 20, 27 (D. Mass. 2006) ("Courts have consistently found that state law that directly or indirectly regulates railroads is preempted by § 10501(b). In other words, preemption clearly applies where a claim will directly affect railroad transportation. On the other hand, where adjudication of a claim will address garden variety issues of negligence, without significant 'regulation' of the railroad, then preemption generally will not be appropriate.").
Where a restriction or limit on a rail carrier's activities arises not from state regulation but from a voluntary contractual agreement, the same basic analysis applies. Such agreements are enforceable as long as they do not interfere with the carrier's operations and/or unreasonably burden interstate commerce. See Pejepscot Indus. Park, Inc., FD 33989, 2003 WL 21108198, at *15 (STB May 9, 2003) ("[W]e have in the past determined that a carrier cannot invoke the preemption provisions of 49 U.S.C. 10501(b) to avoid its obligations under a presumably valid and otherwise enforceable agreement that it has entered into voluntarily, where enforcement of the agreement would not unreasonably interfere with interstate commerce."). Thus, breach of contract claims are not preempted when the promise to be enforced will not affect "transportation by rail carriers," including the "rates, classifications, rules ..., practices, routes, services, and facilities of such carriers."1 When determining whether a contract impermissibly regulates rail transportation or merely concerns a peripheral railroad activity, the existence of a voluntary agreement gives rise to an assumption that the railroad has already evaluated the effect of the promise and determined that it can perform under the contract without adversely impacting its common carrier obligations. For example, in PCS Phosphate, 559 F.3d at 221-22, the railroad promised to pay to relocate its rail line if necessary to accommodate the landowner's future operations. The court found that the contract was enforceable and not preempted because relocation would not affect the carrier's ability to service existing customers on the line. Although the existence of a voluntary agreement is not a guarantee that there is no unreasonable burden on interstate commerce, the starting point of the analysis is "that the agreements reflect a market calculation" regarding the burden on rail operations versus its perceived benefits. Id. In Pejepscot Indus. Park, Inc. v. Me. Central R.R. Co., 297 F. Supp. 2d 326, 333 (D. Me. 2003), the court denied a motion to dismiss on preemption grounds, finding that a voluntary contract for the rail transportation of materials from plaintiff's facility was enforceable unless the railroad were able to show that it is unreasonably burdensome to interstate commerce. Similarly, in Township of Woodbridge v. Consol. Rail Corp., Inc., No. 42053, 2000 WL 1771044 (STB Nov. 28, 2000), the STB determined that a railroad's agreement to curtail idling of locomotives and the switching of rail cars during certain hours was enforceable in court. "These voluntary agreements must be seen as reflecting the carrier's own determination and admission that the agreements would not unreasonably interfere with interstate commerce. Moreover, Conrail has not shown that enforcement of its commitments would unreasonably interfere with the railroad's operations." Id. at *3.
*5 BNSF's promises to disclose the cargo it carries across the reservation, to seek the Tribe's written agreement prior to increasing the traffic over the rail line, and to pay an adjusted rental amount do not constitute the regulation of "transportation by rail carriers" or involve the "abandonment or discontinuance of" track. BNSF made those agreements after balancing the benefits of obtaining a right of way across Fidalgo Island against the recordkeeping, notification, negotiation, and payment obligations to which it agreed. The starting assumption is that these voluntary agreements can be enforced in state or federal court, and BNSF has not shown that compliance with these provisions would impose an unreasonable burden on interstate commerce. The problem, however, is that the Tribe does not seek only damages for past breaches, production of cargo lists, and compelled adjustment of the rental amount.2 Rather, the Tribe seeks an injunction precluding the transportation of certain types of cargo over the reservation, and it has refused to negotiate regarding the number of trains and the appropriate rental amount because it disapproves of the cargo BNSF is carrying.
The Supreme Court has already determined that a "noncarrier owner of a segment of railroad track who contracts for an interstate railroad's use of the segment as part of its line [cannot] reserve a right to regulate the type of commodities that the railroad may transport over the segment...." U.S. v. Baltimore & Ohio R.R. Co., 333 U.S. 169, 175 (1948). That sort of restriction goes to the heart of the railroad's operations as a carrier and flies in the face of the anti-discrimination purposes for which the Interstate Commerce Act was first enacted. Id. See also 49 U.S.C. § 10741(a)(1) ("A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not subject a person, place, port, or type of traffic to unreasonable discrimination."). No matter how voluntary the agreement or how strong the inducements were to promise the landowner whatever it demanded, a state law claim that would effectively require a common carrier to discriminate against a particular type of cargo and/or a particular region burdens interstate commerce and is therefore preempted. A significant portion of the relief requested by the Tribe is therefore unavailable in this forum, notwithstanding the Tribe's continued ability to seek damages, on-going disclosures, and an adjustment in the rental amount. See Cities of Auburn and Kent, Wash., FD 33200, 1997 WL 362017, at *6 (STB July 1, 1997) (STB's exclusive control over construction or abandonment of a rail line precludes local permitting processes that might delay or thwart those activities, but it does not preempt damage claims or enforcement actions for violations of local laws prohibiting or regulating the improper disposal of excavation wastes or the discharge of harmful substances).
C. Preemption of Remedies Under the IRWA
The Tribe argues that, regardless of the preemptive effect that the ICCTA may have on its state law claims, it must be permitted to pursue the remedies for breach of the Easement Agreement that Congress made available to it under a federal statute, the Indian Right of Way Act of 1948, 25 U.S.C. §§ 323-328. BNSF points out that the ICCTA's preemption provision explicitly states that "the remedies provided under this part with respect to regulation of rail transportation are exclusive and preempt the remedies provided under Federal or State law." 49 U.S.C. § 10501(b) (emphasis added). Despite its broad language, neither the STB nor the courts interpret § 10501(b) as preempting other federal statutes. BNSF Ry. Co. v. Albany & E. R.R. Co., 741 F. Supp. 2d 1184, 1198 (D. Or. 2010) (antitrust challenge to a rail line sale transaction that the STB had deemed exempt was not preempted); CSX Trans., Inc., FD 34662, 2005 WL 584026, at *8 (STB Mar. 14, 2005) ("[A]lthough a literal reading of section 10501(b) might suggest that it supersedes other federal law, the Board and the courts have rejected such an interpretation as overbroad and unworkable. Instead, the Board and the courts have harmonized section 10501(b) with federal statutes...."); Boston and Me. Corp., FD 33971, 2001 WL 458685, at *5 (STB Apr. 30, 2001) ("[N]othing in section 10501(b) is intended to interfere with the role of state and local agencies in implementing Federal environmental statutes...."); Borough of Riverdale, FD 33466, 1999 WL 715272, at * 5 (STB Sept. 9, 1999) ("... Congress did not intend to preempt federal environmental statutes such as the Clean Air Act and the Clean Water Act.").
*6 Preemption is a function of the Supremacy Clause of the United States Constitution, which states that the Constitution, the laws of the United States, and all Treaties "shall be the supreme Law of the Land." Art. VI cl. 2. Under the Supremacy Clause, "state laws that 'interfere with, or are contrary to the laws of [C]ongress, made in pursuance to the constitution' are invalid." Wis. Pub. Intervenor v. Mortier, 501 U.S. 597, 604 (1991) (quoting Gibbons v. Ogden, 22 U.S. 1 (1824)) (alteration reflects original). "But federal statutes do not preempt other federal statutes." Ray v. Spirit Airlines, Inc., 767 F.3d 1220, 1224 (11th Cir. 2014). See also Baker v. IBP, Inc., 357 F.3d 685, 688 (7th Cir. 2004). Thus, with regards to the availability of remedies under the IRWA, there is no issue of preemption. "Rather, this case involves the interplay between two statutory schemes created by Congress for different reasons and at different times." Id. The correct analytical framework is whether Congress explicitly or implicitly repealed the IRWA when it enacted the ICCTA.
As discussed above, neither the STB nor the courts view the reference to federal law in § 10501(b) as an explicit preemption of all federal law. The question, then, is whether the ICCTA contains "a clearly expressed congressional intention" to repeal the IRWA when the right of way at issue is held by a railroad. Morton v. Mancari, 417 U.S. 535, 551 (1974). "An implied repeal will only be found where provisions in two statutes are in irreconcilable conflict, or where the latter Act covers the whole subject of the earlier one and is clearly intended as a substitute." Branch v. Smith, 538 U.S. 254, 273 (2003). "If an apparent conflict exists between ICCTA and a federal law, then the courts must strive to harmonize the two laws, giving effect to both laws if possible." Ass'n of Am. R.R. v. S. Coast Air Quality Mgmt. Dist., 622 F.3d 1094, 1097 (9th Cir. 2010). When construing statutes that touch on Indian law, special principles of construction apply that "are rooted in the unique trust relationship between the United States and the Indians." Oneida County v. Oneida Indian Nation, 470 U.S. 226, 247 (1985). At least one such canon is relevant here: that "statutes are to be construed liberally in favor of the Indians, with ambiguous provisions interpreted to their benefit." Mont. v. Blackfeet Tribe of Indians, 471 U.S. 759, 766 (1985).
The rights the Tribe seeks to assert arise out of both a treaty and a federal statute. The Treaty of Point Elliott of 1855 established the Swinomish Reservation for the Tribe's "exclusive use." 12 Stat. 927, 1859 WL 10138 at *2 (signed Jan. 22, 1855). "[P]ossessing attributes of sovereignty over both their members and their territory" (U.S. v. Mazurie, 419 U.S. 544, 557 (1975)), the Tribe has a right to exclude non-members from the reservation that is "too fundamental to be easily cast aside." U.S. v. Dion, 476 U.S. 734, 739 (1986). Treaty rights will not be abrogated absent explicit statutory language indicating Congress' intent to invalidate or modify the right in question. Id. at 738-39. In 1948, Congress enacted the IRWA to make clear that a right of way across tribal lands can be obtained only with the Tribe's consent. 25 U.S.C. §§ 323-324. The Secretary of the Interior, exercising his authority to establish implementing regulations (25 U.S.C. § 328), specifically required prior written consent from the Tribe to obtain a right of way and made clear that any conditions on the consent constitute limitations on the easement, that the IRWA and the implementing regulations apply to railroad rights of way, and that a failure to comply with the conditions of the easement may result in termination of the right of way upon thirty days' written notice from the Secretary (25 C.F.R. §§ 169.3(a), 169.15, 169.18, 169.20, and 169.23).3
*7 BNSF argues that the treaty right to exclude and the law and regulations recognizing that right have been abrogated by the ICCTA. In the absence of an explicit statement, "the intention to abrogate or modify a treaty is not to be lightly imputed to the Congress." Menominee Tribe v. U.S., 391 U.S. 404, 412 (1968). "What is essential is clear evidence that Congress actually considered the conflict between its intended action on the one hand and Indian treaty rights on the other, and chose to resolve that conflict by abrogating the treaty." Dion, 476 U.S. at 739-40. There is no such evidence in this case.
In enacting the ICCTA, Congress intended to substantially deregulate the railroad industry and prevent state and local regulations from filling the void and subverting the uniform federal scheme of minimal regulation for this nationwide form of transportation. The ICCTA and the IRWA generally operate in separate spheres, and both address important national policies that are not lightly thrown aside. The statutory spheres predictably intersect and conflict: when a railroad holds a right of way across tribal lands, the IRWA allows the Secretary of the Interior to terminate it, in whole or in part, while the ICCTA states that abandonment and discontinuance proceedings are within the exclusive jurisdiction of the STB. The question is whether there is an irreconcilable conflict between the statutes that leads to the conclusion that the IRWA was implicitly repealed by the ICCTA. The starting point of the analysis is that the two enactments are "capable of co-existence, [and] it is the duty of the courts, absent a clearly expressed congressional intention to the contrary, to reward each as effective." Morton, 417 U.S. at 551.
The Court finds that there is no evidence to support a finding that Congress intended to implicitly repeal the IRWA, and any conflict is not irreconcilable. The IRWA preceded the ICCTA by almost half a century, and its sole focus is rights of way across tribal lands. "Presumably Congress had given serious thought to the earlier statute, here the [the Secretary of the Interior's power to enforce the easement conditions]. Before holding that the result of the earlier consideration has been repealed or qualified, it is reasonable for a court to insist on the legislature's using language showing that it has made a considered determination to that end...." Blanchette v. Conn. Gen. Ins. Corps., 419 U.S. 102, 134 (1974). If Congress considered the conflict between the STB's exclusive jurisdiction over rail transportation and the BIA's power to enforce the conditions imposed on rights of way across tribal lands, it failed to mention it. It most certainly did not make clear an intention to resolve potential conflicts by abrogating the treaty right of "exclusive use" or repealing the IRWA. See Burlington N. R.R. v. Fort Peck Tribal Executive Bd., 701 F. Supp. 1493, 1503-04 (D. Mont. 1988) (statute intended to further railroad financial stability by prohibiting state taxation of railroad property "does not refer to Indian tribes and the language of the Act can hardly be construed as providing a clear indication that Congress intended to deprive various Indian tribes of their sovereign power to tax.").
Nor do the surrounding legislative, judicial, or agency pronouncements support the conclusion that Congress intended to abrogate tribal rights granted by treaty and statute. A federal agency's exclusive jurisdiction over rail transportation was not new in 1995. Under the Staggers Rail Act of 1980, Pub. L. No. 96-448, § 214(c)(5), 94 Stat. 1895, 1915 (1980), jurisdiction "over transportation by rail carriers, and the remedies provided in this title with respect to the rates, classifications, rules, and practices of such carriers" was exclusive. Courts interpreted the jurisdictional statement as having preemptive effect. See Fayus Enters v. BNSF Ry. Co., 602 F.3d 444, 448 (D.C. Cir. 2010) (summarizing cases). Nevertheless, between 1980 and 1995, the courts and the ICC recognized the "primary responsibility and presumably greater expertise" of the Department of the Interior over tribal affairs, often indicating a preference that Interior or the courts resolve tribal claims in the first instance. N.M. Navajo Ranchers Ass'n v. Interstate Commerce Comm'n, 702 F.2d 227, 232-33 (D.C. Cir. 1983). See also Idaho Pub. Util. Comm's v. Interstate Commerce Comm'n, 35 F.3d 585, 598 (D.C. Cir. 1994) (tribe's demand that railroad clean up pollution as part of abandonment process cannot be resolved by ICC and is properly raised in a civil action against the railroad); Star Lake R. Co. v. Lujan, 737 F. Supp. 103, 106-07 (D.D.C. 1990) (ICC issued a certificate of public convenience and necessity to construct a railway, but acknowledged that the authorization was permissive and that the railroad would first have to overcome a tribal claim of abandonment and termination before the BIA).
*8 Despite the interference of the Department of Interior and the courts whenever a right of way over tribal lands was at issue, Congress made no mention of the IRWA and did not otherwise attempt to address the intersection of tribal rights and transportation policy when it enacted the ICCTA in 1995. Once it came into existence, the STB continued to acknowledge the Department of the Interior's responsibility for granting rights-of-way across tribal lands, handling disputes between Tribes and holders of the rights of way, and enforcing the rights set forth in 25 C.F.R. Part 169. See Alaska R.R. Corp., FD 35095, 2010 WL 1266781, at *562 (STB Mar. 16, 2010). It has also deferred action or continued abandonment proceedings to give railroads a chance to settle disputes with affected tribes and to obtain necessary BIA approvals. Wis. C. Ltd., No. AB-303, 2002 WL 273602, at *1 (STB Feb. 25, 2002). The Secretary of the Interior, for her part, substantially revised the IRWA's implementing regulations in 2016 to promote tribal self-determination and self-governance regarding Indian land, to emphasize that the regulations apply to railroad rights of way, and to provide an avenue through which a tribe may unilaterally terminate a right of way (without BIA approval). 25 C.F.R. §§ 169.1, 169.5(a)(1), 169.403. The new regulations do not provide any mechanism for STB review of a right of way termination: the Secretary obviously does not share BNSF's opinion that the ICCTA abrogated the BIA's authority to terminate a railroad right of way across tribal lands.
In short, there is no evidence that Congress actually considered the obvious potential for conflict between its establishment of the STB with exclusive jurisdiction over rail transportation and the Tribe's treaty right of "exclusive use" or the BIA's right to terminate a railroad right of way, much less that it affirmatively chose to resolve that conflict by abrogating the treaty or repealing the IRWA. The courts, the STB, and the Secretary of the Interior have all continued to recognize the BIA's primary responsibility in the area of intersection. "[A]pparently conflicting statutes must be read to give effect to each if such can be done by preserving their sense and purpose.... Also, where possible, we resolve legal ambiguities in favor of Indians" unless the plain intent of Congress compels the opposite result. Blackfeet Indian Tribe v. Mont. Power Co., 838 F.2d 1055, 1058 (9th Cir. 1988). The Court therefore finds that the ICCTA does not preempt or repeal the IRWA when a railroad right of way crosses tribal lands.4 The rights and remedies afforded by the IRWA and its implementing regulations remain available to the Tribe, and the BIA retains the power to enforce and/or cancel the right of way pursuant to 25 C.F.R. Part 169.5
*9 For all of the foregoing reasons, the cross-motions for summary judgment (Dkt. # 58 and Dkt. # 63) are GRANTED in part and DENIED in part. The Tribe is entitled to a declaration that BNSF breached the terms of the Easement Agreement by failing to make annual disclosures regarding the cargo it was carrying across the reservation and by increasing the number of trains and cars traversing the reservation without first seeking to obtain the Tribe's written assent. The state law claims for damages, compelled disclosures, and an adjustment in rent are not preempted by the ICCTA. To the extent the Tribe seeks an injunction limiting the type of cargo or the number of trains or cars crossing the reservation—whether under a breach of contract, trespass, or estoppel theory—those remedies are unavailable in this jurisdiction. The Tribe may seek a declaration of its contractual rights from the STB and/or it may initiate the right of way cancellation procedures provided under in the IRWA and its implementing regulations.
All Citations
Slip Copy, 2017 WL 132448
The STB regularly declines to hear and decide purely contractual disputes, even when it was involved in establishing or approving the contract. See Boston and Me. Corp. v. New England Cent. R.R., FD 34612, 2006 WL 47366, at * 2 (STB Jan. 9, 2006) (declining to exercise jurisdiction over a claim that defendant breached the detailed trackage rights terms and conditions adopted by the agency because "the court is better suited to resolving such fact-bound issues").
To the extent the Tribe seeks this type of relief, the breach of contract claim is not preempted and may proceed.
The original regulations provided that the Secretary "shall" terminate a right of way if a breach went unremedied. 33 FR 19803 (Dec. 27, 1968). The regulations under 25 C.F.R. Part 169 were recently amended, effective April 21, 2016. Only the procedural provisions of the new rules apply to rights of way granted before that date.
BNSF suggests that the Hazardous Materials Act, 49 U.S.C. § 5125, also preempts the IRWA. This argument fails for many of the same reasons as the ICCTA argument. In addition, the preemption provision of the Hazardous Materials Act applies unless another law of the United States (such as the IRWA) authorizes the identified obstacle to the transportation of hazardous materials.
At oral argument, the Tribe suggested that if the Department of the Interior has the power to terminate the right of way agreement for breach of its terms and limitations, this Court must have the power to enforce those same terms and limitations. No legal theory or authority is offered in support of this argument. As discussed in the text, the Tribe's state law claims for injunctive relief are preempted because that relief would regulate rail transportation. Although damage claims can be adjudicated in this jurisdiction, its avenue for preventing the unit trains of crude oil from North Dakota from crossing the reservation lies with the BIA pursuant to the terms and procedures set forth in the IRWA and its implementing regulations.


text:
Q: CMOS NOT gate output
Can somebody please tell me why do we have those tiny random spikes on the output signal? And why does the input wave behave like in the picture when we reduce the frequency of the noise source to 1kHz?

A: Part 1:
The "tiny random spikes on the output signal" in the red oscilloscope trace are noise from the circuit (at test point "IN") that provides the input to the FET gates in your CMOS inverter. IN is equal to Vin (principal square wave) plus Vnoise (100 kHz sine wave). The square wave varies from 0V to 5V. The 1.5V peak noise is added to this, producing a square wave that varies from 0V +/- 1.5V to 5V +/- 1.5V. The Gate-Source voltage (VGS) determines whether either the p-channel or n-channel FET will turn "on," either pulling the signal "OUT" up or down. The noise level is not sufficiently close to the threshold Gate-Source voltages to interfere, so a clean, inverted (NOT) output (blue trace) is produced. As mentioned by Atomique, the +/- 1.5V is close to typical or maximum VGS thresholds, so there might be a little conduction in reality.
Part 2:
In the case of the low frequency (1 kHz) noise source, your square wave is riding on a low frequency sine wave that, from the oscilloscope trace, appears to have about a 2V range. In this case, when a minimum of the square wave (0V) concides with the maximum of the sine wave (2V), you have a missing square wave where the n-channel FET (Q3) does not turn off because VGS stays above its maximum threshold value spec.

redpajama_set_name: RedPajamaStackExchange


Today the Romping & Roaring DEF Review Pack comes out for free! This is the second review pack. This is the 8 Set out in the Romping & Roaring ABC Sets.
Click here to get your Romping & Roaring DEF Review Pack!
Great printables! I was wondering how does the Roll and Count Review work with the dice?
I got! I reviewed some of your previous posts!
You roll the die and color or write in the letter part. So if they roll of "D" they trace the first Capitol D and on with the rest.
Looks great! Thanks! Out of curiosity, did you realize that in the first download you have an apple on the E?
Yes I do. It is a font I used for that. So the Apple is not what I picked but the font had on it. I still like the font even though some of them don't match up.


text:
Chicago Transportation
Memorial Day 2018 weekend: Here are the worst times to leave Chicago
Get ready to get out of town
By Sara Freund May 25, 2018, 12:47pm CDT
Whether you plan to stay or go, you're bound to hit some Memorial Day weekend traffic. More than 41.5 million people are traveling this weekend—nearly a 5 percent increase from last year and the most in more than a dozen years, according to AAA.
So, expect nothing less than a nightmare on the roads during peak travel hours. Delays could be three times longer than normal in some cities, according to INRIX, a global transportation analytics company. In Chicago, the heaviest traffic, which could double your driving time, is expected between 4:00 and 6:00 p.m on Friday.
CTA and Metra
If you're staying in town and heading to the Cubs game at Wrigley Field, the CTA will be adding extra service on the Yellow Line, Red Line, and bus lines No. 80 and No. 152. Also, the CTA and Metra will run on a Sunday schedule on Monday, Memorial Day.
O'Hare and Midway airports
Flying out for the long weekend? Things are looking good as good weather graces Chicago. Delays at both airports are 15 minutes or less with 1 cancelled flight at Midway and 11 at O'Hare as of Friday at noon.
Events and Road Closures
Memorial Day Parade
The city's annual parade honoring the women and men in the armed forces will take place Saturday, May 26 at 11 a.m. with a wreath laying ceremony. The parade will begin at noon and head south on State Street from Lake Street to Van Buren Streets.
Soldier Field 10 Miler
The race begins at 7 a.m. on Saturday, May 26 so Fort Dearborn Drive will shut down until 8:45 a.m. and the northbound lanes of Lake Shore Drive from 31st Street to 57th Street will be closed until 9:30 a.m.
Bike the Drive
Lake Shore Drive will be closed on Sunday, May 27 from Bryn Mawr Avenue to 57th Street from 5 a.m. until 11 a.m. as bikers take a scenic, lakefront ride along the car-less road.
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To protect the liver against the damaging effects of mycotoxins, anthelmintics, antibiotics and other chemical toxins.
To improve digestion and feed conversion efficiency.
For optimal liver function, digestion and metabolism.
As an aid recovery from the diseases and impaired liver function.
For action performed by I-Carnitine with its role as detoxifying on excess intracellular acyl groups and for production of metabolic energy from medium chain fatty acids, pyruvate and ketone bodies.
Distribute, carefully mixed in drinking water.
Poultry: 500 ml per 1.000 liters.
Horses & cattle: 20 - 50 ml per head per day.
Sheep, goats & calves: 5 - 15 ml per head per day.
Pigs: 10 - 30 ml per head per day for 3 - 5 consecutive days.
Stable for at least 2 years, when stored in a dry and cool place. Color change does not affect performance.
1 liter bottle, 5 liter jerrycan, 25 kgs jerrycan, 200 liter drum or 1.000 liter IBC-container.


This immaculately-presented, superbly-located, terraced country cottage is nestled in the lovely Kent village of Preston, just six miles from Canterbury. Wonderfully-appointed throughout and providing spacious, contemporary accommodation, this stylish Preston cottage is ideal for families and friends looking to stay in a rural setting within a thriving village, which offers a friendly village and farm shop, excellent butcher and a pub serving great food. Inside this Preston cottage you will find a well-equipped kitchen with open plan dining area, just the place to gather together and plan the day ahead, or on warm evenings why not venture outdoors and dine alfresco under the starry skies in the courtyard garden?
The lovely garden also boasts an arbour, making it just the place to enjoy a good book on hot summer days. On cooler evenings sink into sumptuous seating in the sitting room, and settle down in front of a roaring log fire with a film and a glass or two! Preston is a walker's paradise with numerous footpaths and bridleways to ramble, maintaining its country atmosphere and rural delights; just stepping outside makes you understand why Kent has been referred to as the Garden of England since Tudor times. With Canterbury and Whitstable offering two exciting places to visit, both less than 10 miles away, you can experience Canterbury, a city of history and intrigue, with theatres and museums and even enjoy a river trip before browsing the shops. Whitstable is the perfect place for sampling seafood in one of the many harbour restaurants, after working up an appetite after a morning of windsurfing or sailing around the bay. So, after walking, exploring, cycling or simply absorbing this part of Kent, return to this lovely Preston cottage to relax and unwind before another fun-filled day.
Three bedrooms: 2 x double (one with en-suite shower, basin and WC), 1 x twin. Bathroom with bath, shower over, basin and WC. Kitchen with dining area. Sitting room with woodburning stove.
Gas central heating with woodburning stove. Electric oven and gas hob, microwave, fridge/freezer, washing machine, dishwasher, TV with Freeview, DVD, selection of books and games. Fuel and power inc. in rent. Bed linen and towels inc. in rent. Travel cot on request. Unrestricted roadside parking in lane approx. 20 yards away. Enclosed courtyard with furniture and BBQ. Sorry, no pets and no smoking. Shop and pub 5 mins walk.


Hairstyles for Box Braids! So okay so here it is ladies, what you've been waiting for! Not only are the box braids coming back, but the hairstyles for box braids are truly an amazing view. Its like the styles can be styled just like regular natural styles yet your getting best of both worlds, protecting your natural hair but making other women want to rock box braids!! Below are 10 ways to style your box braids in the new year (2015).
So who would have though you could mix some hairstyles of box braids and have some leave out hair intertwined between the hair. This is one of the most gorgeous hairstyles for box braids. Without having a issue at work on "professional" look, the look is everything! Starting at the top the braids and hair are two strand twisted around the crown of the head and secured and pinned to keep in tact. And the rest of the braids are side swooped into a thick braided side ponytail. I love it, and I'm sure you will too!
Taken from the first idea of the gorgeous box styles for braids, the only thing separating the two unique styles is, keeping the two stranded twist look up top, but then instead of braided the braids together it is left out to just fall around the face. Its almost the concept of letting your hair down after work. Have I it be secured at work, and then let lose after work at happy hour! A for sure show stopper, has me wanting to rock some box braids right now!
Doesn't get anymore simplistic yet so elegant at the same time with these hairstyles for box braids. In this style you might want to wear your braids down, but add a decorative design to your braids to make them stand out more. So simply just take the top part of the braids at the top, braid your braids into a medium size braid, then simply just wrap the medium size braid around the crown of your head, and secure in the back with a few bobby pins, and viola!
So hey, if you really want to get fly with it and take it a step further, adding some highlighted braids to your hair will truly set it off. If you really want to jazz it up some more, it never fails to clip a cute little flower barrette on the side of your face for some flare. Snap snap, its selfie time, stunt on them one good time ladies!
MUST SEE: Celebrity Box Braids – 14 Gorgeous Box Braids Styles Worn by Celebs in 2014!
So we all see now how adding some highlights can really set of the box braids hairstyle. Taking even more of a dramatic look and approach, intertwining pink and blond into just a few braids give the look a summer like, punk like feel to the box braids style. This look shows true individuality without going over the top with having ALL pink and blond braids, it still looks classy and polished, just a few little multi-sized and colored strands separate your box hairstyle from the rest.
What can I say that Mohawk, that Mohawk, so many ways to achieve the look, but with box braids? Yes it has been created, two toned at the bottom with blonde highlights and black at the top. Swooped up on the sides to give the Mohawk illusion, the front braids are twisted into a front chunky bun, giving the whole box braids hairstyle so many fun details to make you admire the style.
Doesn't get anymore simple then this look, if your in a hurry in the morning, but need those braids out of your face? No better quick style then to simply take all the braids, and braid them into a thick chunky side braid. How can I forget though, just to accent the whole style, sister girl has just a few auburn red braids at the bottom, to highlight and mold the whole look together.
So this look is as simple as it gets. With this look, the woman decided to have all highlighted braids just be in one section of the head at the top. Gives the box braid look such flare appeal, and all she did was just take have the braids pulled back from her face, secured with a little black rubber band and bam, shes ready to go out on the town!
Yes ladies every element is used in this unique box braids style. Cornrowed on the side and then with multi-sized box braids in the center, they are twisted all into one unit and given a curl like illusion at the bottom secured with some bobby pins. Just when you think you've seen it all, there's always some new and trendy style being created.
With box braids ladies it a sure win win. We all know how our days can be super long and draining, so the last thing we want to do sometimes is play with our hair. But on the flip side you know if your hair isn't right or on point you will not be in the mood to go anywhere. So box braids are back and back with a whole new look and plethora of ideas and hairstyles for box braids. Hopefully out of my top 10 you are sure to find a winner and a style that will work best for you. Let us know which of the hairstyles for box braids listed above best suited for you! Share using the comment box below!


text:
Anne-Marie Korte
Professor of Religion and Gender
Beyond Religion versus Emancipation 2016-2021
Contested Privates 2013-2017
Earlier Research Projects
Feminist Hermeneutics
IARG
Journal Religion and Gender
Internationalisation Project 2012-2015
Prof. dr. Anne-Marie Korte is involved in the following study programs at Utrecht University:
Research Master Programme Gender and Ethnicity
Bachelor Programme Religiewetenschappen / Religious Studies
Master Programme Religies in hedendaagse samenlevingen / Religions in Contemporary Society
Master Programme Godsdienst/levensbeschouwing: educatie en communicatie / Religious Education and Communication
Research Master Programme Religious Studies
Supervised mastertheses 2008-2015: Click here for an overview.
Supervision of PhD Projects:
2015 Mater Sapientia: 'Divine motherhood and spiritual motherhood in the work of St. Augustine.
Supervision: prof. A.-M. Korte (Utrecht University) & prof. P.J.A. Nissen (Radboud University Nijmegen).
Candidate: drs. K. Bouwman (external PhD candidate Utrecht University).
PhD defence at Utrecht University, 4 June 2015.
2014 Religion, Secularity and Feminism in a West-European Context: A Qualitative Study of Organisations and Activism in Flanders.
Supervision: prof. dr. C. Longman (Ghent University, Belgium), prof. dr. A.-M. Korte (Utrecht University) & prof. dr. M.A.C. de Haardt (Radboud University Nijmegen).
Candidate: drs. Nella van den Brandt (Ghent University).
PhD defence at Ghent University, Belgium, 15 December 2014 .
2014 "Judging By Her": Female Literary Characters As Embodiment of Israel.
Supervision: prof. dr. B. Becking (Utrecht University) & prof. dr. A.-M. Korte (Utrecht University).
Candidate: drs. A.-M. Wetter (Utrecht University).
PhD defence at Utrecht University, 7 April 2014.
2013 Postcolonial Feminist Theology: Enacting Cultural, Religious, Gender, and Sexual Differences in Theological Reflection.
Supervision: prof. dr. M.M. Jansen (Protestant Theological University) & prof. dr. A.-M. Korte (Utrecht University).
Candidate: drs. W. de Jong (Protestant Theological University).
PhD defence at the Protestant Theological University in Amsterdam, 10 December 2013.
2012 "Elijah looked and behold…" Biblical Spirituality in Pictures
Supervision: prof. dr. P. Beentjes (Tilburg University) & prof. dr. A.-M. Korte (Utrecht University).
Candidate: drs. A.-M. Bos (Faculty of Catholic Theology, Tilburg University).
PhD defence at Faculty of Catholic Theology, Tilburg University, 30 March 2012.
2011 Body enhancement: Body images, vulnerability and moral responsibility.
Supervision: prof. dr. A.-M. Korte (Utrecht University) & prof. dr. M. Düwell (Utrecht University).
Candidate: drs. A. den Dikken (Utrecht University).
PhD defence at Utrecht, Faculty of Humanities, Utrecht University, 10 June 2011.
2011 "The need for circumcised men": The quest for transformed masculinities in African Christianity in the context of the HIV epidemic.
Supervision: prof. dr. M. Frederiks (Utrecht University), prof. dr. A.-M. Korte (Utrecht University) & prof. dr. E. Chitando (University of Zimbabwe).
Candidate: drs. A.S. van Klinken (Utrecht University).
PhD defence at Utrecht, Faculty of Humanities, Utrecht University, 12 January 2011.
2007 Delila en de anderen: Een syntactisch georiënteerd bijbels-theologisch onderzoek naar de rol van de vrouwen in de Simson-cyclus (Richteren 13-16).
Supervision: prof. dr. A.-M. Korte, prof. dr. K.A. Deurloo (UvA) & prof. dr. E. Talstra (VU University Amsterdam).
Candidate: drs. W. van Wieringen (Catholic Theological University).
PhD defence at Tilburg, Faculty of Catholic Theology, Tilburg University, 23 May 2007.
1996 A Momentary Taste of Being: Female Subjectivity, the Divine and the Science Fiction of James Tiptree jr.
Supervision: prof. dr. R. Braidotti, prof. dr. A. van der Hoogen & prof. dr. A.-M. Korte.
Candidate: drs. I. van der Spek (Faculty of Humanities, Utrecht University).
PhD defence at Utrecht, Faculty of Humanities, Utrecht University, 23 February 1996.
Prof. dr. A.J.A.C.M. Korte
Janskerkhof 13A
Kamer 1.15
00-31-30-253-5746
A.J.A.C.M.Korte [at] uu.nl
www.religionandgender.org www.associationreligionandgender.org www.contestedprivates.wordpress.com
Copyright © 2020 Anne-Marie Korte.


All-Natural SmartFruit mixes deliver 100% fruit, with no added sugar. Every 16 oz. smoothie contains 3 servings of fruit, with no GMO's, artificial colors, flavors, or additives. Each flavor is enhanced with a unique superfood powerhouse like omega-3, antioxidants, electrolytes, detoxifiers and other goodies. Smartfruit Harvest Greens is a groundbreaking "being healthy never tasted so good" kinda product! Detox your body with this 100% fruit and veggies blend. We've packed every bottle with dark green leafy powerhouses like Kale and Spinach. Then we coupled the greens with Apples, Kiwis, Pineapples, Bananas and Lemongrass for a vibrant interplay of dueling sweet and tart flavors. Lastly, we boosted this lovely medley with Spirulina, a superfood heavyweight which acts as a powerful detoxifier rich in chlorophyll, protein, vitamins and fatty acids. Add H2O or ice to harness the harvest of Smartfruit Harvest Greens in a refreshing all natural juice or smoothie.


This page contains a list of Daydreamer's songs, Daydreamer's albums, and Daydreamer's videos. One of the most useful parts of this page is the list of artists that are similar to Daydreamer. Check them out, maybe you'll find your new favorite band!


text:
Reconnecting Athens and Sparta: A Review of OPMS XXI at 20 Years
Twenty years ago, the Officer Personnel Management System (OPMS) XXI Task Force published its final report, launching landmark personnel reform for the Army officer corps. The year-long task force—commissioned by then Chief of Staff of the Army (CSA) General Dennis J. Reimer and chaired by then Major General David H. Ohle in 1996—opened its report with the argument that the existing OPMS required "field-grade officers to do too many things today for them to excel at any one of them." Today, the pendulum has swung in the opposite direction. What was designed to increase expertise and specialization in the officer corps and to offer "reasonable opportunity to promotion to colonel," regardless of branch or functional area, has instead created a system of rigid stovepipes that inhibit a broader development of the officer corps, for both basic branch and functional area officers. Most important, the current system is suboptimal for developing strategic leaders. In short, in many cases today, those who achieve the rank of general officer, well-prepared to thrive in the role of a strategic leader, have succeeded in spite of the Army's OPMS, not because of it.
Even the very best programs require constant evaluation. OPMS XXI capably served the Army for 20 years and through two wars; many of its principles have impacted the Army and its officer corps for the better. In its final report, the OPMS XXI Task Force called for "OPMS XXI [to] become a living system that the Army cyclically reviews and adjusts as necessary. It will become better and stronger through successive refinement." Yet, cyclical reviews and program management evaluation studies—to periodically evaluate how well OPMS XXI has been implemented, what elements should be retained or what aspects should be revisited—have been considerably lacking. True, certain incremental changes have occurred over the past 20 years, such as the revised Officer Evaluation Report (OER) implemented in 2014, but few people would suggest that OPMS XXI has become the living system it was intended to be. A CSA Strategic Studies Group report on talent management prepared for then CSA General Raymond T. Odierno in 2015 reached the same conclusion: "The most recent reviews [of OPMS XXI] occurred only sporadically and in response to ad hoc requirements." In short, we have gone from a peacetime Army to a wartime Army to a drawdown—all with the same personnel system.
For the 20th anniversary of the OPMS XXI Task Force's final report, the Army should recommission an OPMS task force aimed at creating a new talent management system that not only better aligns skillsets with requirements, but also purposefully earmarks and grooms officers with strategic leadership potential earlier in their careers. Through interviews with Army leaders past and present, this monograph reexamines OPMS XXI from the vantage points of both a basic branch officer and a functional area officer, identifies limitations in the current system and proposes five reforms that must be a part of any reinvigorated OPMS.
By COL Susan Bryant
By COL Heidi A. Urben
Download LWP-114-Reconnecting-Athens-and-Sparta-A-Review-of-OPMS-XXI-at-20-Years.pdf (454.84 KB)
Stop Upgrading: Buy 21st Century Equipment
Military Mobilization in Communist China
Modern Problems Require Ancient Solutions: Lessons From Roman Competitive Posture
The Synthetic Training Environment


Little cheesy but I read this everyday when I first became a follower of Christ. It helped me immensely. Today it hangs in my office (thanks to the Focus One team).
The die is cast; I've stepped over the line; the decision has been made…I'm a disciple of His.
I am finished with low living, sight walking, small talking, chintzy giving, dwarfed goals.
I do not have to be right, first, tops, recognized, praised, regarded, or rewarded.
I now live by presence, learn by faith, love by patience, live by prayer, and labor by power.
My face is set, my gait is fast, my goal is heaven, my road is narrow, my companions few, my guide reliable, my mission clear.
I cannot be bought, compromised, detoured, lured away, turned back, diluted, or delayed.
I will not flinch in the face of adversity, negotiate at the table of the enemy, ponder at the pool of popularity, or meander in the maze of mediocrity.
I won't give up, shut up, let up, or slow down, until I have preached up, prayed up, paid up, stored up and stayed up for the cause of Christ.
I am a disciple of Jesus, I must go till He comes, give till I drop, preach till all know, work till he stops and when He comes to get His own…He'll have no problem recognizing me ; my colors will be clear.