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Donald C. Wheaton, Jr.
Top rated family law attorney in St. Clair Shores, Michigan
Donald C. Wheaton Jr. PC
Practice Areas: Family law, Bankruptcy, Criminal defense; view more
Licensed in Michigan since: 1989
Education: The University of Michigan Law School
Selected to Super Lawyers: 2017 - 2022
22811 Greater Mack Avenue
St. Clair Shores, MI 48080 Visit website
Donald C. Wheaton, Jr. is a litigator in St. Clair Shores, Michigan. Don represents clients throughout the metropolitan Detroit area, handling matters in family law (divorce, custody, parenting time, support, guardianships, and conservatorships), criminal law, DUI/DWI, bankruptcy, driver's license restoration, and probate.
Don has more than 30 years' experience representing plaintiffs and defendants in both civil and criminal law. He is trained in collaborative divorce practice and is a trained domestic relations and civil litigation mediator. An established attorney within his region, he has received awards and acknowledgments from the Macomb County Bar Association, Avvo.com, the Lawyers of Distinction, Marquis Who's Who, and Pinnacle Who's Who, in addition to his selection to SuperLawyers.
Outside his law practice, Don stays involved in his legal community and is committed to professional development. He is a Council Member of the State Bar of Michigan Family Law Section, and he presented at the Section's Midsummer Conferences in 2020 and 2021. Don also is ending his term as the Chair of the LGBTQA Section of the State Bar of Michigan in October 2021. He was a practicing contributor to Black's Law Dictionary (9th Ed.), and has contributed articles to the Michigan Family Law Journal, the Macomb County Bar Association's Bar Briefs, and the Michigan Defense Trial Council.
Active in his community, Don volunteers with the St. Clair Shores Goodfellows ("No kiddie without a Christmas") and has served on the Lakeview Public Schools Board of Education for 28 years. Over the years, he has volunteered and held various leadership positions with the Boy Scouts of America and has received the Silver Beaver Award, the Bronze Pelican Award, and the Vigil Honor Order of the Arrow. An active Scout trainer, he also has served on five Wood Badge Staffs, including as a Course Director in 2018.
Don earned his bachelor's degree in religious studies and sociology from Alma College, graduating with honors in both majors, and Phi Beta Kappa. He received his Juris Doctor from the University of Michigan Law School and holds a license to practice law before all state and federal courts in Michigan.
Don has established a reputation as pragmatic and resolution-oriented, but who is also a lawyer not afraid to try a case when required. He works with real people, with real problems -- and helps to solve them.
Family law, Bankruptcy: consumer, Criminal defense, Estate planning & probate, General litigation
Alimony & spousal support, Child support, Custody & visitation, Divorce, Domestic violence, Name change, Marital property, Same sex family law, Father's rights, Bankruptcy law, Arrest & arraignment, Assault & battery, Criminal law, Debt, Drug & alcohol violations, Failure to pay child support, Misdemeanor, Motor vehicle offenses, Probation, Theft, Traffic violations, Criminal domestic violence, Estate planning, Probate & estate administration, Trusts, Litigation
60% Family law
10% Bankruptcy: consumer
10% Criminal defense
10% Estate planning & probate
10% General litigation
First Admitted: 1989, Michigan
Professional Webpage: http://lawyerhousecalls.com/
Pro bono/Community Service:
Represented a woman in her divorce case, and spent nearly 40 hours of time getting to a consent judgment of divorce.
Serving continuously with the St. Clair Shores Goodfellows ("No Kiddie Without a Christmas") since 2003, 2020
Served as the Course Director for Wood Badge C2-784-18-2, 2018
Serving as a Trustee of the Lakeview Public Schools Board of Education, 2020
Serving as the Scoutmaster of Boy Scout Troop 1490, St. Clair Shores, Michigan, since June 2014, 2014
Served as the District Chair of the Sunrise District, and on the Executive Board of the Great Lakes Field Service Council, Michigan Crossroads Council, Boy Scouts of America, 2015
Served as a Trustee of the Lakeview Public Schools Board of Education, 2015
Served as the Scoutmaster of Boy Scout Troop 1490, St. Clair Shores, Michigan, 2016
Served and was Re-Elected as a Trustee of the Lakeview Public Schools Board of Education, 2016
Honors/Awards:
Selected by the youth of the Lodge for this prestigious honor as a recognition not of the service already performed, but for the service expected from you in the future, Vigil Honor Order of the Arrow, Noquet Lodge of the Great Lakes Field Service Council, Boy Scouts of America, 2012
Awarded for Distinguished Service to Youth, Silver Beaver Award, Great Lakes Council, Boy Scouts of America, 2011
District Award of Merit, Boy Scouts of America, 2010
Scholarly Lectures/Writings:
Practical changes to bankruptcy practice now that same-sex marriages are recognized, Author, Bankruptcy Practice in Michigan in the Wake of Obergefell v Hodges, State Bar of Michigan, Family Law Journal, Law, 2017
Mr. Wheaton presented on issues related to minimizing schools' involvement in parenting time disputes, the information school districts maintain on each child, district counselors and mandatory reporters, and due process and student suspension/expulsion hearings, Presenter, "The Tack You Should Take When Saddling Up to Deal With School Issues" - presentation as part of "Horse Sense in Family Law", Family Law Section, State Bar of Michigan, Family Law Practitioners, General Practitioners, 2020
Special Licenses/Certifications:
Trained in Collaborative Divorce Practice, 2020
Certified in Domestic Relations Mediation/Mediator, 2020
Representative Clients:
Bra-Vo Intimates: sued for Accountant Malpractice and successfully resolved the matter after one day of trial, 2020
Bar/Professional Activity:
Named a Pinnacle Professional Member of Continental Who's Who, 2020
Named a Top-Rated Lawyer by Avvo.com, 2017
Named in Who's Who In America / recognized by The Marquis Who's Who Publication Board, 2020
Named to America's Top 100 Criminal Defense Attorneys - Michigan, 2020
Named to Lawyers of Distinction, recognizing excellence in the area of Family and Divorce Law, 2018
Named the "Member of the Month" of the Macomb County Bar Association, May 2019, 2019
Elected to the Council of the Family Law Section, State Bar of Michigan, 2018
Elected to the State Bar of Michigan, LGBTQA Section Council, 2017
Named to the Executive Board of the LGBTQA Section Council of the State Bar of Michigan, 2018
Office location for Donald C. Wheaton, Jr.
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Safeguarding and Welfare Documents
Swansea Harriers takes its duty of care in safeguarding and welfare of all of our athletes and volunteers very seriously. Welfare covers a range of issues such as safeguarding and protecting children & adults, anti-bullying, equity, poor practice in coaching and disciplinary and grievances matters. It encompasses policies and procedures to set out minimum standards of expectations, such as codes of conduct, procedures to follow for dealing with child protection concerns, other welfare issues or complaints, and to ensure that our club meets statutory responsibilities to safeguard and protect children & adults. Below you can find our documents of the club's welfare and safeguarding policy's and procedures.
Code of Conduct for Coaches (2016) (1)
S H PARTNERSHIP AGREEMENT poor behaviour (2)
Swansea Harriers Child Protection Policy
Swansea Harriers AC Complaints Procedure
Adults At Risk Policy & Procedures
Ian Griffiths (Male Welfare Officer) [email protected] 077 72 11 19 89
Lynne Brier (Female Welfare Officer) [email protected] 077 69 94 16 10

redpajama_set_name: RedPajamaCommonCrawl


François Cosserat's father was François-Constant Cosserat who was a well-off entrepreneur who was based in Amiens. François-Constant had three sons, François-Nicolas (the subject of this biography), Lucien-Constant, and Eugène Cosserat (who also has a biography in this archive). François-Nicolas, born in 1852, was the eldest of the sons, Lucien-Constant, born in 1856, was the middle son, while Eugène, born in 1866, was the youngest and twelve years younger than his eldest brother François. Lucien-Constant succeeded in the competition for admission to the École Polytechnique in 1875, but died relatively young in 1897, while working for the Railway Company of the West.
François Cosserat entered the École Polytechnique in 1870 when his youngest brother Eugène, with whom he would later collaborate, was only four years old. The examination for entry to the École Polytechnique was highly competitive and François was ranked twenty-sixth among the successful candidates in that year. He graduated in 1872, ranked twentieth in the list of 141 students who graduated in that year. Along with seventeen other graduates from the École Polytechnique, Cosserat opted to continue his training at the École Nationale des Ponts et Chaussées. There he trained in engineering, specialising in civil engineering. After three years of study, he graduated in 1875 as a Civil Engineer Third Class. He was ranked ninth among those who graduated in that year and began working in the public sector involved in construction work.
In 1878, Cosserat married; the only child of the marriage was a daughter Amélie Adèle who married the marine engineer Édouard-Victor Davaux (1876-1950). Cosserat became a Railway Engineer Second Class (Northern Zone) in 1879. His work comprised building railway tracks, tunnels and bridges. In 1883 he was promoted to Civil Engineer First Class and, on 1 February of the following year, he moved to work for the Railway Company of the East, for whom he continued to work for the remainder of his career. In 1895 he was promoted to Chief Engineer Second Class.
... the main creative mechanical ideas (the most striking behind the computations) have been furnished by François, while Eugène, overburdened by management tasks at the Observatory of Toulouse, was just rectifying the computations. Indeed when one gets the basic definitions and provides the variational methods, the main problem is to give them a physical meaning. Also, Eugène was still in a good position for publishing the results announced in [earlier joint publications] after the death of his brother. However, nothing on mechanics was published after 1914! Meanwhile, it is painful to know that, when François asked for a position in mechanics at the École Polytechnique, in competition with Hadamard (supported by Painlevé) and Jouguet, somebody pointed out doubts on his participation in this work in collaboration, and finally ... Jouguet was elected!
François Cosserat's contributions as a mathematician were noted, however, in the annual reports on his work as a civil engineer. For example, the report written on 27 June 1898 states, "M François Cosserat is a distinguished engineer who has high practical experience. In addition to his normal position, he devotes himself to theoretical studies and he recently presented to the Académie des Sciences remarkable works on mechanics." The report of 11 October 1910 states, "M François Cosserat is a valued collaborator, highly efficient, especially in public works. He is known among the scientific community as the author of remarkable studies on questions of mathematics and mechanics." The report of 20 October 1913 states, "M François Cosserat has high competence for building tunnels, bridges, ... and he is also a distinguished mathematician, President of the French Mathematical Society. He contributed this very year to the quick completion of many military works."
From this last quote we see that François Cosserat was President of the Société Mathématique de France. In fact he was elected Vice-President of the Society in 1912 and then became President in the following year. These, however, were not the only honours bestowed on him. He was made a Knight of the Légion d'Honneur in 1893, and was elected to the Académie des Sciences in 1896. It is now time to consider his mathematical contributions.
The introduction of this note is peculiarly fortunate for it is high time that kinematics should comprehend the study of deformation and of deformable spaces. The authors have included in their extract certain generalities on curvilinear coordinates, the deformation of a continuous medium in general, infinitely small deformation, use of the mobile trieder, and the case where the non-deformed medium is referred to any curvilinear coordinates.
The most practical results concerning elasticity were the introduction of the systematic use of the movable trihedral and the proposal and resolution, before Fredholm's studies, of the functional equations of the sphere and ellipsoid. The Cosserats theoretical research, designed to include everything in theoretical physics that is directly subject to the laws of mechanics, was founded on the notion of Euclidean action [least action] combined with Lagrange's ideas on the principle of extremality and Lie's ideas on invariance in regard to displacement groups. The bearing of this original and coherent conception was diminished in importance because at the time it was proposed, fundamental ideas were already being called into question by both the theory of relativity and progress in physical theory.
The Cosserat brothers, following a suggestion by Duhem (1893), developed a theory for continuous oriented bodies that consist not just of particles (or material points), but also of directions associated with each particle. Thus, in addition to the field of position vectors of a continuum in a given configuration, one also admits vector fields ... which may be chosen so as to represent pertinent features of materials. ... The Cosserats themselves recognised the value of oriented two-dimensional continua (i.e., curves and surfaces endowed with additional structure in the form of directors) for representing the deformations of rods and shells respectively. ... [However their] ideas on the subject [were] ignored for half a century.
... among their contemporaries, only Henri Poincaré (electron theory), Émile Picard (surprisingly) and Élie Cartan appreciated the work done by the brothers. Exceptions are also colleagues of Eugène Cosserat in Toulouse, like L Ray and A Buhl. (Indeed the work of Buhl is a patching of mathematical analogies, far from physics.) It is only in Germany that the brothers got disciples like Karl Heun who quoted them with emphasis in the German edition of the 'Encyclopédie des Sciences Mathématique' and studied their work in a seminar at Karlsruhe in 1909. Then ... Relativity Theory and Quantum Physics overtook this period in science and the work of E and F Cosserat was almost rediscovered after 1950 because of the use of liquid crystals.
In addition to his mathematical research, François Cosserat made other contributions to mathematics through his expertise in languages. He spoke Russian, as did his son-in-law Édouard-Victor Davaux, and both contributed translations of Russian mathematical works into French. François Cosserat also began translating Elementary Principles in Statistical Mechanics (1902) by J Willard Gibbs from English to French but died before completing the task. The translation was completed after his death but the French version of this classic did not appear until 1932. The Cosserat brothers François and Eugène also collaborated in translating the article on mechanics from the German Encyklopädie der mathematischen Wissenschaften Ⓣ for a French version of this monumental classic work. However, they did not just make a translation, they added a very large amount of new material of their own showing their great appreciation of the history and philosophy of the subject.
It would be indiscreet and foolhardy to identify in this collaboration, whose mystery is touching, what is due to one or the other of the two brothers; to find which particular one or other gives the qualities which distinguish these works: the geometric ingenuity and elegance, the analytical ability, the depth of the guiding ideas, and their power of adaptation to mechanical and physical applications. Let us just see how fruitful it was, and to greet respectfully at a time when death brought it to an end, before it had borne all the fruits that could be expected.
It is now clear that the qualities that Vessiot saw so clearly in their joint work were almost all due to François Cosserat.


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Report says dump tariffs
Australia should consider dumping all its remaining tariffs as the global trading system faces its biggest challenge in nearly a century, the Productivity Commission advises.
The government's independent economic researchers say the credibility of the world trading system is at risk, from specific tensions between the United States and its major trading partners and from a longer-standing and broader phenomenon.
The commission's annual trade and assistance review, released on June 12, warns the use of tariffs and other protectionist measures around the world has lifted since the global financial crisis and there are clear risks this trend could accelerate.
''Australia cannot afford to take for granted that continued progress will be made given some of the deep-seated problems besetting the world trading system,'' the report says.
It recommends the government lower Australia's remaining trade barriers, boost efforts to explain how the community benefits from trade liberalisation, and regularly review the adequacy of foreign investment screening processes.
Commissioner Jonathan Coppel said Australia essentially only had ''nuisance tariffs'' remaining, with all imposts on goods coming into the country now lower than five per cent.
''It's within our capacity to simply say 'Well, they're very low, let's just do away with them altogether','' Mr Coppel said.
He points out the country had been in the position of taking this kind of unilateral action in the past, when it cut agricultural tariffs in the 1980s and '90s.
''In the current context where there are a number of short-term intense pressures... (and) the negotiations within the WTO (World Trade Organisation) context are essentially going nowhere, why not look back at that past experience in Australia?'' Mr Coppel said.
But he also cautions government must do a better job of talking to Australians about why free trade is so important.
Part of this is acknowledging while there will be winners, there may also be people who ''incur the brunt of the adjustment''.
''As a consequence of that, more effort needs to be made in terms of explaining that there are positives and negatives, but the judgment is that overall it will lead to an improvement to our economy and to the country as a whole,'' he said.
Overall within Australia, governments gave $14.4 billion worth of industry assistance in 2017-18.
The net worth after deducting the cost of penalty tariffs stood at $12.3 billion, about half a billion more than the previous year.
The commission reports about half of this, $7.3 billion, comes in the form of tax concessions.
Another $4.8 billion is in the form of budgetary outlays, primarily assistance to small business and research and development incentives.
An open door for discussions
At any given time, our customers have a high awareness of how much water is in our irrigation storages.
Sheed wants outcome on solar projects
State Member for Shepparton Suzanna Sheed is calling on the Victorian Government to make a decision in relation to the three outstanding solar farm applications in the Shepparton district.
Tree fellings result in deaths
A man was crushed to death on Saturday when a tree he was cutting up at Yarrawalla, just south of Pyramid Hill, fell on him about midday.
Greens senator hears concerns
Southern NSW irrigators are working their way through the Senate in an effort to educate its members on the negative impacts of the Murray-Darling Basin Plan, and encourage them to seek more balance in water policy.
Shepparton Partners Collective takeover SPC before financial year ends
SPC is officially in the hands of its new owner, with the $40million sale of the iconic Shepparton business completed on June 28.
Victorian Government under pressure to subside transport and feed for farmers
Pressure has been placed on the Victorian Government to subsidise transport fees following the NSW Government's decision to remove restrictions on the subsidies it offers.
Erratic season sees wool price record broken
It may have been one of the best wool seasons in history, but the market has also been erratic.


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Pondering Recent Exomoon News
by Paul Gilster on December 27, 2013
'Exomoons' — moons around planets around other stars — are another of those new frontiers of modern astronomy. It's astonishing to reflect that 51 Pegasi b, the first exoplanet orbiting a main-sequence star, was discovered as recently as 1995, a time when we could only suspect that planets might be common and were only then working out the best ways to find them. Now we have thousands of planet candidates, the search is on for true Earth analogues, and the idea that we might make as fine-grained a discovery as an exomoon is an exhilarating prospect.
So is the recent paper from David Bennett (University of Notre Dame) and colleagues the breakthrough we've been waiting for? The answer is no because we have no way of knowing whether this suggestive find is a true moon around a planet or perhaps two larger objects in gravitational synch at a much further distance. But either case is intriguing. Here are the possibilities for the 2011 event called MOA-2011-BLG-262, detected by gravitational microlensing:
A gas giant of three to four times Jupiter's mass at a distance of 1800 light years, the moon being, at about half the mass of Earth, absolutely gigantic in comparison to moons in our Solar System and orbiting its host world at a distance of 0.13 AU, quite a large separation. This is what Bennett and team call the 'fast model,' ; or
A much more distant brown dwarf orbited by a Neptune-mass planet. This is the 'slow model' (see the paper for details on the use of these terms).
Now brown dwarfs with planets are interesting enough, so I would find either of these scenarios fascinating. But what makes the exomoon picture still more riveting is that these objects are evidently out there on their own, with no associated star. If we really are looking at an exomoon and a planet, then the question of how they came to be where they are emerges. New Scientist quotes exomoon hunter David Kipping (Harvard University) as saying "It almost begs the question as to whether we can really call these objects 'moons' or whether some other name is more apt." What that other name might be is left to the imagination of the reader.
So unusual would a free-floating planet with a moon of its own be that the paper on this work leans preferentially to the brown dwarf solution. From the preprint:
…an apparently free-floating planet with a half Earth-mass moon would be a new class of system that was not previously known to exist. Such a new discovery would require strong evidence, so our favored model for this event is that it is a low-mass star or brown dwarf orbited by a planet of about Neptune's mass.
Or as the abstract puts it: "The data are well fit by this exomoon model, but an alternate star+planet model fits the data almost as well."
If that seems to take the sizzle out of this story, please reconsider. This interesting duo was identified by gravitational microlensing, in which the passage of an object in front of a more distant star bends the light from that star in ways that can be quantified. In the case of MOA-2011-BLG-262, the light of the distant star was magnified about seventy times beyond the norm. About an hour later the second, smaller increase in brightness occurred, suggesting the passage of two objects in front of the star. Because microlensing events don't repeat, we may never be able to untangle the true story of MOA-2011-BLG-262. But the work of Bennett and colleagues points to future microlensing breakthroughs:
…it should be possible to definitely distinguish similar models for future events if they are observed with high cadence from multiple sites. Very high cadence observations on 1-2m class telescopes are able to measure the light curves precisely enough to distinguish similar models (Gould et al. 2006), such as the fast and slow models for MOA-2011-BLG-262. If these high cadence observations are taken from observatories separated by thousands of kilometers, then the terrestrial parallax effect can be used to measure the lens masses (Gould & Yee 2013).
Image: The left panel shows a K-band (infrared) image from the VISTA 4m telescope from the VVV (Vista Variables in the Via Lactea) survey. The field observed by the Keck-2 telescope in K and a zoom of this field are shown to the right. The arrow indicates the microlensing source star, separated by 0.51 arcsec from its nearest neighbor. Credit: David Bennett.
'Cadence' as used in the passage above refers to how long it takes to re-observe the same target. High cadence can be combined with other techniques, and the paper notes that observatories separated by thousands of kilometers can take advantage of terrestrial parallax to increase and refine the microlensing detection rate. Ultimately, we'll need new instruments:
…the development of large robotic networks of 1m class telescopes, such as the Las Cumbres Robotic Telescope Network (Brown et al. 2013), will substantially improve the rate of terrestrial microlensing parallax mass measurements. Thus, if systems resembling the planetary-mass host models for MOA-2011-BLG-262 are common, the combination of high cadence microlensing surveys, rapid realtime event detection by these surveys, and high cadence follow-up observations should enable the definitive discovery of rogue exoplanets with moons of nearly an Earth mass within a few years.
Recall the ground-breaking work of David Kipping and colleagues on using transit timing (TTV) and transit duration variations (TDV) to spot an exomoon signal in transit data, and the ongoing Hunt for Exomoons with Kepler project that Kipping runs. Add in this recent microlensing story and the possibility of future microlensing discoveries of the kind described above. It's clear that we have exmoon detections in our future, and who knows what we may learn about the characteristics of rogue objects that, if MOA-2011-BLG-262 is a true indication, may not be traveling alone.
The paper is Bennett et al., "A Sub-Earth-Mass Moon Orbiting a Gas Giant Primary or a High Velocity Planetary System in the Galactic Bulge" (preprint).
andy December 27, 2013, 13:27
The fast model still leaves the question of whether the primary is best regarded as a gas giant planet or a (sub-)brown dwarf. Is such a system likely to have survived ejection from a planetary system – I would guess that planet scattering would not be good for the satellite system.
On the other hand, it might be thought of as a planet around a very low mass brown dwarf (i.e. stellar-like formation mechanism). Does anyone know of any studies that tried to model the evolution of the discs that have been observed around low-mass brown dwarfs (e.g. OTS 44, Cha 110913-773444) — is a half-Earth mass planet at 0.13 AU a likely outcome?
jeff December 27, 2013, 16:39
at such a large AU separation is it at all plausible that they both were at one point two distinct planets of a shared stellar system, were both kicked out by some gravitational disruption (by which I just mean another star or cluster of stars drifting too close), and ended up a-drift on trajectories similar enough that the one ended up in orbit around the other?
Obviously not a likely scenario, but still curious if that could be a possible outcome of such a near collision between stars.
Dr Ashley Baldwin December 28, 2013, 8:48
Even assuming this half Earth mass body is a moon and that it is orbiting a big gas giant rather than a brown dwarf , a semi major axis of 0.13 AU gives an orbital diameter ( if not too eccentric ) of about of nearly 24 million miles. If that sort of variation was applied to an orbiting planet it would give it one hell of an eccentric orbit. Even if the gas giant is in the middle of the HBZ for its star , the moon's orbit is going to be pushing the limit of that zone and possibly going outside ( or inside ) it for atleast part of its year. The variation in the moon's distance from its parent star is going to be enormous . I recognise this may be an extreme example, and that what is most exciting is an Earth dimension exo moon , but it illustrates an important point. To be in their planetary HBZ, exo moons are going to have to be a significant distance away from that planet to avoid radiation belts, gravitational tides, eclipses etc . This in turn will impact on their distance to the parent star (as they orbit the planet) , that distance increasing as a fraction of the orbital distance . The smaller the star and related HBZ, the greater that fraction. This is a factor that will impact on the overall stellar flux the moon receives ( partly mitigated by short resultant eclipse periods ). The bigger the moon's planetary orbit the greater this variation. In the case of a Red Dwarf star for instance , with an average HBZ semi major axis of .25 AU even for an M O, such variation would be critical .
Adam December 29, 2013, 7:50
To be stable a Moon would need to be within the Hill Sphere of its Primary. The Hill Sphere radius is computed as the mass-ratio of the Moon/Primary to the 2/5 power times their mutual orbit's semi-major axis around the star. This assumes low orbital eccentricity around the star. For example, our Moon orbits Earth at a distance of 384,400 km, which is ~1/3 the Hill Sphere radius. Jupiter, which masses ~1/1048 the Sun and orbits at 5.2 AU has a Hill Sphere out to 0.322 AU, or ~48 million km. It's outermost moons orbit at about 3/5 the Hill Sphere distance. The Hill Sphere scales with the orbital radius, by definition, so placing a Gas Giant at 1 AU around a solar mass star means a smaller Hill Sphere and thus smaller stable orbits. If the stellar system in question was a low mass Red dwarf, then the half-mass "moon" could really be a Trojan planet, captured in the L4 or L5 position of the Gas Giant.
Dr Ashley Baldwin December 29, 2013, 19:59
Thanks Adam. Very thought provoking. I'm not an astronomer or physicist, but a keen follower of exoplanet science and this is new to me. The concept you describe is clearly extremely relevant to the whole science of large earth sized bodies interactions within the extended Hill Spheres of large gas giant sized planets. Especially those within the HBZ of their respective stars . The more so the smaller the star with correspondingly smaller HBZ . It also draws attention to two totally new but important concepts to all but experts , namely Trojan planets and what exactly constitutes a moon. Are our current RV and TTV methods able to identify such bodies , of such potential for life and maybe the only way in those systems where the HBZ lies within the star's synchronous orbit zone? Is a Trojan planet tidally locked and if so, to what? Its parent planet or its parent star? Sounds like a potential custody battle . How stable can the orbits of such bodies be too?
Michael December 30, 2013, 4:19
Dr Ashley Baldwin said
'Is a Trojan planet tidally locked and if so, to what? Its parent planet or its parent star? Sounds like a potential custody battle . How stable can the orbits of such bodies be too?'
I believe the moon will be tidally locked to both because the Lagrange points are where the forces are in balance and so both the parent planet and Star will hang in the same positions of the sky respectively. Masses in the L4 and L5 points are quite stable for 100's of millions if not billions of years, however they can easily be disrupted by nearby masses. If this moon is in one of these Lagrange points it could explain why it is so massive as material will want to collect there.
@Adam said
'If the stellar system in question was a low mass Red dwarf, then the half-mass "moon" could really be a Trojan planet, captured in the L4 or L5 position of the Gas Giant.'
Nice theory by the way and if so we should be able to work out the orbital dynamics of the system better as there are tight constraints on the locations of the Lagrange points.
Hi Ashley
There have been several papers on Trojan planets – well worth looking for them on the arXiv or NASA's ADS.
Stability is definitely an issue for crowded systems, but fortunately the L4/L5 points are attractors and planets caught there require a lot of jostling to leave. It's not inconceivable for a Trojan to be semi-captured in a loose orbit around the primary planet, but mostly they will trail or lead the planet in its orbit.
Harry R Ray December 30, 2013, 10:52
THE MYSTERY DEEPENS! Just today, a NEW paper on this subject was added to the Extrasolar Planets Encyclopedia, titled:"New Method to Measure Proper Motions of Microlensed Sources:Application to Candidate Free-Floating-Planet Event MOA-2011-BLG-262″ The "NEW" measurement CLEARLY (as opposed to ONLY a HIGH PROBABILITY in the Bennet paper) a high velocity lens as opposed to a high velocity source! What is most intreaguing is in the FINAL SENTENCE of the preprint "…These values are then important imput into a baysian analysis of the event". Correct me if I am wrong,but, in the original paper,Bennet et al based their PREFERENCE of thye Brown Dwarf-Planet model OVER the Free Floating Planet-Exomoon model on a Baysian analysis that didNOT FAVOR the exomoon interpretation! Could the NEW DATA in the Skowran et al paper make a REVISED Baysian analysis MORE favorable to the exomoon interpretation? Someone help me out,here,please!
ADDENDUM TO THE ABOVE COMMENT; THERE APPEARS TO BE another EXOMOON ISSUE SURFACING, although DEFINITELY NOT an exomoon DETECTION! In the paper by Daniel Tamayeo:" Consequences of an Eccentric Orbit for Fomalhaut b", he FAVORS a scenario where Fomalhaut b is a SUPER EARTH surrounded by a dust cloud maintained by several "IRREGULAR SATILITES"! Does "IRREGULAR imply stable ECCENTRIC 0orbits or just UNSTABLE orbits! If it is the former, exomoons may be the BIGGEST news story of 2013!
Thanks Adam. I've found the articles and intend to plough through them. I often read arXiv even as a non astronomer .
In relation to tidal locking , would it be possible for the body at the L4 or L5 Lagrange to not be tidally locked to either star or planet Michael ? Just a thought. Interesting concept for side stepping the synchronous orbits impediment to HBZs of low mass stars if it was, especially if it is a collecting point for orbital detritus.
Harry R Ray: what's with the ALL CAPS all over the place? It certainly doesn't help when reading your posts.
If you read the Skowron et al. paper, you would have come across this part:
The stellar lens with the Jupiter-mass planetary companion located in the Galactic bulge is, a priori, much more likely explanation for the MOA-2011-BLG-262 microlensing event, than the close-by Jupiter-mass planet with the Earth-mass moon in the Galactic disk. By reducing the likelihood of the lens being in the bulge, our measurement brings those two explanations on par.
So it is still far from conclusive, even though the likelihood of it being an exomoon is increased.
As regards the term "irregular satellites", it is the same term as used to describe the features of satellite systems of the solar system gas giants, which are divided into inner regular satellites on orbits roughly coplanar with the planetary equator, and outer irregular satellites which are often on eccentric and inclined (sometimes retrograde) orbits. E.g. Callisto is an example of a regular satellite of Jupiter, while Himalia is an irregular one. You may want to try a Google search for the term to find out more information.
Eniac December 30, 2013, 20:06
I am confused. If this were a true planet and its moon, there must be a star there, too. If it is a brown dwarf with a planet, then there would be no third object. As I understand microlensing, there would be no way to miss the main star, planets are normally just tiny minor perturbations overlaying the main lensing signal. So, are the alternate models just a free floating planet vs red dwarf and planet, or is a full star-planet-moon system also on the table?
If it is just free-floating planet with moon vs. brown dwarf with planet, one is just a smaller version of the other, and my excitement would be much contained.
Paul Gilster December 30, 2013, 20:12
Eniac writes:
I think these are exactly the alternatives, a free-floating planet and moon vs. brown dwarf with planet. The paper leans toward the latter explanation.
c howard December 31, 2013, 6:23
@Adam
To be stable a Moon would need to be within the Hill Sphere of its Primary.
why is the Hill Sphere radius computed as the mass-ratio of the Moon/Primary to the 2/5 power times their mutual orbit's semi-major axis ?
what is the reasoning behind 2/5 power ?
Michael December 31, 2013, 15:15
@Dr Ashley Baldwin
'In relation to tidal locking , would it be possible for the body at the L4 or L5 Lagrange to not be tidally locked to either star or planet Michael ?'
I am of the opinion that any material forming in the L4 and L5 points would be under the influence of both the Planet and Star and most likely be damped of rotation early on in the formation process. If it formed first and then was captured it could still have rotation depending on whether it is close to the Star to have been tidally locked in the first place.
Off topic I wonder if the interaction between Earth and Venus caused the hypothetical planet Theia to become unstable at one of the L points to eventually collide with the young Earth, after all it appears that Venus is locked to our Planet.
Thanks Michael.
Ive seen several articles suggesting the increasingly suspicious Earth/Venus connection. Funny how it should be reinforced by exo moons. Those L4/5 Lagrange points are beginning to look very important in young star systems ,alone and on top of orbital resonance. I have to agree using "moon" for objects originating there is a misnomer. Any one up for some IAU lobbying? As the distances between orbiting bodies shrinks with decreasing star-body distance ,(such as the HBZs around small stars ) this is going to complicate habitable matters yet further , never mind XUV ,CME, flares and the like. No wonder they are finding more "orphan" planets. It must be like a terrestrial planet bowling alley ( or marbles) in close in M class systems.
Michael January 1, 2014, 16:23
I see that it gets crowded around smaller stars so there is likely to be some pinball going on. I also see your point about whether it would be classed as 'moon' if it is at L4 or L5, maybe we could call it a 'Lamoon' in honour of Lagrange. Adam any ideas for naming them as you came up with the idea maybe 'Adamoons'?
As for the Planetary systems we have normal orbits such as most of our solar system, resonance orbits like Jupiter's moons, elliptical orbit such as with Neptune and Pluto and possibly now Lagrange point 'moons'. Interesting stuff and interesting times ahead.
Eniac January 1, 2014, 17:59
Thanks, Paul, for the clarification. It seems, then, that the discussion started by Adam around Hill sphere and Lagrange points, while interesting, would not really apply to either of these models, seeing that they are both two-body systems.
Sean Sakamoto January 2, 2014, 10:37
I had the pleasure of hearing Ray Pierrehumbert speak at the Hayden Planetarium about exoplanets and he brought up an interesting fact about exo-moons that I had never considered.
Just like exoplanets need to orbit in goldilocks zone around a star to have liquid water and temperatures that are conducive to supporting life, exo-moons also have a goldilocks zone of orbit from their main planet. The need to be far enough away so that the gravity of the planet they orbit doesn't cause constant volcanic activity which would also make life impossible. So an exomoon must orbit an exoplanet that's in the goldilocks zone from its star, and then the moon must be in a goldilocks orbit to keep it geologically stable enough.
I'm sure a lot of your readers already know this, but I wanted to mention it for anyone like me who found it interesting.
Happy New Year, everyone!
andy January 2, 2014, 14:08
Regarding objects in the Trojan points, for the case where the orbits are circular and the object is located exactly at the Trojan point, being locked to the star gives the same rotation as being locked to the planet, since the objects are fixed in an equilateral triangle. Things are presumably more interesting for objects on tadpole or horseshoe orbits around the Trojan point(s). Not sure whether the rotations of any of the Trojan satellites in the Saturnian system have been determined?
I would not consider an object in a Trojan point, or any of the other 1:1 resonant configurations to be a moon – the dynamical situation is very different. I guess the term "Trojan planet" would do in analogy to the Trojan asteroids, and this has already been used in the scientific literature. "Quasi-satellite" has already been used for objects in another class of 1:1 resonance.
Hints of an exomoon… maybe:
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The Ta(타(打),beat)& Rock festival 'Incheon Arari' of Janchimadang will take place on the outdoor stage at Incheon Culture & Arts Center, in the evening of the 14th.
This is the 2nd annual concert, celebrating the 69th independence day on its eve.
Ta & Rock festival 'Incheon Arari' is a symphonic stage of fun beating, dance with life stories, the harmony of piri, taepyeongso and synthesizer, and joyful music moving back and forth the Asian and Western music.
'Incheon Arari' concert was a selected piece at 2013 National Gugak Center ByeolByeol Yeonhui contest and was invited to perform at International Folk Festival in Estonia & Lithuania the same year, representing Korea.
It also has been invited to UKC in San Francisco to be recognized worldwide.


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How to Incorporate
Nonprofit corporations, by definition, exist not to make money but to fulfill one of the purposes recognized by federal law: charitable, educational, religious, scientific or literary activities. Under federal tax law and state corporate statutes, however, as long as a nonprofit corporation is organized and operated for a recognized nonprofit purpose, it can take in more money than it expends in conducting its activities. In other words, it can make a profit.
Making a Profit From Related Activities
Let's take as an example a group called Friends of the Library Inc. It's a 501(c)(3) nonprofit (that means it has a federal tax exemption) organized to encourage literary appreciation in the community and to raise money for the support and improvement of the public library. It can make a profit from its lecture series featuring famous authors and from its annual sale of donated books.
Because these activities are educational, they do not jeopardize the group's tax-exempt status. It may use its tax-free profits for its own operating expenses (including salaries for officers and staff) or for the benefit of the library. What it cannot do is distribute any of the profits for the benefit of officers, directors or employees connected with Friends of the Library - as dividends, for example.
Unrelated Business Activities
Nonprofits can also make money in ways that aren't related to their nonprofit purposes. Such unrelated business income is permissible and often essential to the survival of nonprofit organizations. But it is subject to taxation, under state and federal corporate tax rules.
It's best not to let unrelated business activities reach the point where the group starts to look like a regular commercial business. Unrelated business activities shouldn't absorb a substantial amount of staff time, require additional paid staff or volunteers to run them, or produce much more income than your exempt-purpose activities and services generate.
For example, say that many thousands of books are donated to Friends of the Library for its annual book sale, one of its major fund raising events. Although the sale is always highly successful, thousands of books are left over, and Friends decides to sell the more valuable ones by advertising in the rare and out-of-print books classified sections in various magazines.
The response is overwhelming, and soon there are six employees cataloging books. In addition, Friends begins a business buying books from other dealers and reselling them to the public. Such a situation could attract attention from the IRS and prompt it to reconsider Friends' 501(c)(3) tax-exempt status.
Finally, although it's not typical for the average group, a nonprofit corporation may make money from " passive" sources such as rents, royalties, interest and investments. This income is non-taxable in some cases.
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Our Ratoath Scope to Grow came to the Fairyhouse road in August 2010. We had decided to look for a new location where we thought our ethos would work well and finally decided on the charming Co. Meath town. We built a high spec purpose built facility for the children of Meath with an extensive grass play area and custom rooms for each age group. Like with the original, we have a fully qualified and dedicated team of staff who care for children from 4 months until 12 years of age. Scope to Grow Ratoath provides a drop off and replica rolex collection service to the local school, while also catering for children from other surrounding schools, once parents can arrange transport.


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Home » Elon Musk Sells $3.6 Billion In Tesla Shares For Third Time Since Saying There Was No Plan To Sell More
Elon Musk Sells $3.6 Billion In Tesla Shares For Third Time Since Saying There Was No Plan To Sell More
By Matt Hardigree
Are we doing this? I guess we're doing this. It's Thursday and we've got: General Motors is blinding people, Peugeot is confusing people, VinFast is trying to win people over, and Elon Musk contradicting himself.
Welcome to The Morning Dump, bite-sized stories corralled into a single article for your morning perusal. If your morning coffee's working a little too well, pull up a throne and have a gander at the best of the rest of yesterday.
Elon Musk Sells Lots Of Tesla Shares
No further TSLA sales planned after today
— Elon Musk (@elonmusk) April 29, 2022
I'm not interested in all the discourse around Tesla CEO Elon Musk and Twitter. It's exhausting and it's not my beat. I highly recommend you read The Verge if that's your jam. They're doing a good job.
Musk either is a super brain genius and it's all going to work out for him, or he's been winging it all along and it'll collapse around him. Or maybe not. There'a great line from The Coup's "Repo Man" that goes:
Banks that give the loan figure – damn, in the worst case
We makin money cause we had it in the first place!
And where was it that they got that cash from?
You when you deposit it from bustin yo' ass
That's all to say: If you're the richest man in the world and you lose money, you still might be the second richest man in the world and your ability to make money is directly proportional to how much you have. Plus, there's always money somewhere in Qatar or Saudi Arabia or the banana stand or whatever.
The tweet above is from April and it's Elon Musk, as I read it, implying there were no plans to sell more Tesla shares to support Twitter (We already shared a report that Musk was considering getting new loans for Twitter using Tesla as collateral).
According to CNBC and SEC filings, Elon Musk sold some more shares yesterday worth about $3.6 billion. This is, if I'm counting correctly, the third time this year he's sold shares since saying he wasn't planning to do so. I like this quote from the CNBC article:
According to financial research firm VerityData, Musk has sold 94,202,321 shares so far this year at an average price of $243.46 per share for pre-tax proceeds of approximately $22.93 billion.
Director of research for VerityData, Ben Silverman, wrote in an e-mail to CNBC on Wednesday, "Musk's prior sales going back to November 2021 were expertly timed, so Tesla shareholders need to pay attention to Musk's actions and not his words – or lack thereof when it comes to his recent selling."
Plans change! It could be a tougher market for Tesla going forward as competition from Chinese firms in China and everyone else in Europe and the United States gets a lot stronger.
Markets are not fully transparent or logical/rational and perhaps that data is just being priced in, but Twitter has dropped from about $292 when the Tweet above was posted to… $156 yesterday. That's not quite a 50% drop.
Peugeot Is Dropping The INCEPTION At CES
Don't name a car inception. That's a silly name. Before the movie, you can call a car INCEPTION in all caps and people will think it's clever. Now people will just think about the movie. You try telling that to the French!
Peugeot is now part of Stellantis and so it makes a bit of sense that they should debut its new concept at the Consumer Electronics Show (CES) in Vegas next year. Here's all the company is saying about it:
With a new formal language that exalts its feline and attractive attitude, its revolutionary interior design and its promise of unprecedented driving sensations, the PEUGEOT INCEPTION CONCEPT opens a new era based on the brand values, Allure, Emotion and Excellence.
Do I hope this means that Peugeot will start selling cars in the United States? Absolutely. Will this happen? I'm guessing no. Stellantis needs another brand in the US like David needs another rusty ass Jeep. I feel like every Fiat dealership I see is 18 used non-Fiats and one 500X that never sold.
Also, don't name a car INCEPTION:
GM Recalls 825,000 Vehicles For Super Bright Lights
Brains are weird. If there are 15 people in your town of 300,000 people who have mullets and you happen to randomly see all of those people in the same day you'd assume the hairstyle had made a huge comeback. If you saw one of these people every three weeks you'd just assume you saw some people with mullets.
I bring this up because a couple of times I feel like I've seen Tahoes or Suburbans where it seemed like all the lights were on in front and it was super annoying (I live in New York and they're extremely common). It didn't happen enough for my brain to catalog it as anything other than random.
Then I saw the news today from the AP via The Detroit News: "GM recalls over 825k vehicles to fix daytime running lights."
General Motors is recalling more than 825,000 SUVs and cars in the U.S. and Canada because the daytime running lights may not turn off when the headlights are on.
The recall covers certain 2022 and 2023 Cadillac Escalade, Chevrolet Silverado 1500, Chevrolet Suburban and Tahoe, GMC Sierra 1500 and GMC Yukon SUVs. Also included are Cadillac CT4s and CT5s from the 2020 to 2023 model years, as well as Buick Envisions from 2021 to 2023.
My brain feels like it had an itch for three months and the Associated Press just dragged its pointy nails along my cerebellum. Such a satisfying feeling.
VinFast Opens Four More Stores In California
VinFast, the Vietnamese car company hoping to sell electric cars in the United States, has just opened four more stores in Southern California as part of their curious push into the market. Here's what the company's CEO Giang Nguyen had to say:
"We are proud to open four more VinFast stores in California, rapidly expanding our retail system to bring direct product experiences to customers and meet their vehicle needs. This will not only be where the customers learn more about VinFast's products but also a place to connect VinFast to the customers and take care of them for a lifetime of car ownership."
We had a chance to poke around some of their future cars at the Los Angeles Auto Show and thought they looked as though they could be competitive if priced right. We haven't driven them, but our buddy Kevin Williams did for Jalopnik and it doesn't sound like their vehicles were ready for prime time:
The VinFast VF8 is a compact-ish midsize EV crossover, with 350 horsepower in Eco trim and 402 HP in the Plus trim. Even with the generally higher curb weight inherent to an electric vehicle, 350 horsepower should be enough to scoot the VF8 around with authority. Yet throughout my time behind the wheel, the VF8 felt like it had barely half that output. I drove every pre-production vehicle VinFast brought to the event; all of them felt slow, and their performance was inconsistent.
The Flush
Should Peugeot come back to the United States? If it did, what would be the product mix?
The Volvo XC40 and Escape are the only two SUVs that did well on new IIHS test
The men who helped Carlos Ghosn escape had a far worse fate
The 2023 Subaru WRX Miraculously Only Costs $31,625
The World's Biggest Shipping Company Wants To Ban Gas-Powered Trucks
Used car prices keep falling as inflation finally cools
Got a hot tip? Send it to us here. Or check out the stories on our homepage.
Photos: Peugeot, Tesla, Adult Swim, GM, Vinfast
elon musk, GM, Peugeot, Peugeot Inception, recalls, Tesla, The Morning Dump, TMD, VinFast
Matt Hardigree
Howdy! I'm the Publisher of The Autopian which means I'm to blame for at least a small part of this. I used to run another car site and then made movies and TV shows. Now I'm here to convince you to buy a Peugeot.
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Xatso says:
The CEO of Tesla Motors is an unstable megalomaniac. His descent into mental illness is chronicled daily An intervention is needed because his behavior keeps getting more bizarre. It is automotive news because the Tesla brand is built around hero worship of the CEO first and the actual product is second. The Day will come when he offers digital trading cards to his marks.
parsko says:
Never VAG, Never Stellantis, Never Nissan. Peugeot……. I'll allow it…… reluctantly.
98Z28 says:
Peugeot and their quirky brilliance should come to the U.S.
An updated 505 (EV/Hybrid) would be awesome.
I just don't need the typical Peugeot driver, we don't need to import dumb people we are doing that quite well.
VinFast interests me. Would want to see the bugs ironed out and if the battery subscription pans out. The price is in line with other EVs.
DarKhorse says:
Bring it Peugeot! I owned a 1983 505 back in the early 2000's and I loved that car. It had the most comfortable seats ever, and had panache for days. What it lacked in horsepower (and it lacked a LOT), it made up for in style. I'd say they should bring their whole lineup over here. They have a great looking range of SUVs and sedans that would work well in the US market, IMHO.
RaleighFolly says:
That VinFast story – on that other website – was fascinating and gave me bad feelings, especially since near Raleigh (in Chatham County) VinFast has bulldozed down almost 2,000 acres of trees, and getting government subsidies – such as new road construction, exit ramps, condemning residents' homes that are in the way – to build their first US manufacturing plant.
I hope this isn't good money spent unwisely. Unless they can get quality up, and sell at a reasonable price, it doesn't sound as if US sales will follow.
That sounds like Foxconn in Mt. Pleasant Wisconsin!
Scoutdude says:
Speaking of Kevin Williams review of the VINslow you need to put him on the payroll here, stat. At least one article per week though I'd prefer to see more frequently than that.
Just want to note how many likes my comment has generated so I'm not the only one that would appreciate seeing Kevin do some articles here. Don't forget that a number of readers don't use the like button.
pliney the welder says:
I support this .
Halftrack El Camino says:
Seconded, Kevin is great.
Manwich says:
Regarding Vinfast… they also opened a store in Toronto in Yorkdale mall.
And regarding the GM headlight issue… This is minor compared to the bigger issue of many of the latest CUVs and SUVs with high mounted superbright headlights that cause a lot of glare.
And while we are at it, another change needs to be made with the latest vehicles where the dashboard lights are stupidly on even when the exterior lights are off which causes more driver than in the past to drive at night thinking their full lights are on when they're not. If the dash lights are on, then the front and rear lights should be on as well.
Unclewolverine says:
Isn't Vinfast the whole point of the fast and the furious movies?
Doctorwhotb says:
Thanks for clearing that up. I thought it was that diet shake thing everyone's mom was drinking in the 80's.
TheHairyNug says:
So often, I find myself driving with my left hand held up, blocking the glare from my side mirror. It's incredibly annoying at best, and effectively downright dangerous
Canucksalaryman says:
Adjust your sideview mirror so you don't see the side of your car. The glare goes away and you can use your mirror to see into the blindspot.
nemebean says:
Okay, but shutting off the DRLs isn't going to help with the obnoxiously glary (glarey?) headlights GM has been using for years. I'm skeptical that this is going to move the needle in terms of problematic lighting.
"unprecedented driving sensations"
…is that good? do I want that?
ForbesTheWeirdo says:
306 GTi-6
Dave Horchak says:
Arent majority share owners required by the FCC to announce, ask, seek permission to sell stock?
That darn Elon is going to get his comeuppance. One day he will find himself as a single billionaire instead of a tens of billion billionaire. That will teach him. Then all of us working stiffs can laugh at him. Take that Mr. Burns. LOL
Conehead1978 says:
Mr. Musk gets plenty of coverage in main stream media, even more so since he bought Twitter. Frankly, I don't care about Twitter, especially after the press started using it as a news source instead of doing real journalism work to root out real stories. I'm all ears to hear about Mr. Musk launching space vehicles and to read about what he's doing with Tesla vehicles. If a Musk news snippet relates to cars let me hear about it. If it's simply "look at what Musk's doing now that is ill-advised" let The Verge report it. Car website, remember? And I'm a member of this here site and proud of it!
An Octopus says:
But it is all related since he is the CEO of all of them.
The CEO of Tesla Motors is an unstable megalomaniac. His decent into mental illness is chronicled daily An intervention is needed because his behavior keeps getting more bizarre. It is automotive news because the Tesla brand is built around hero worship of the CEO first and the actual product is second. The Day will come when he offers digital trading cards to his marks.
TxJeepGuy says:
Feeling a bit vindicated by that GM recall.
Was driving to meet a couple friends on Saturday night and had a Tahoe behind me at a light after dark. The headlights were bouncing off my side mirrors and straight into my eyes. Felt like it took about 30 min to recover from they were so bright. Kinda glad to hear its a correctable issue and not just thats what headlights are now, deal with it in your low sedan.
SarlaccRoadster says:
I'm pretty sure those lights blinding you have nothing to do with this recall, which is about DRLs.
On a more personal note, it seems the idiotic trend of driving around at night with fog lights always ON that I've started noticing a few years back is now firmly entrenched, as the vast majority of cars I now encounter on the road are being driven by one of these morons (the rest of them are driving with only the DRLs on at night, with zero lighting in the back).


text:
Fair Use In The Age Of Social Media
Oliver Herzfeld Contributor
By Oliver Herzfeld and Marc Aaron Melzer
Almost everyone knows that it is a violation of law to copy other people's works of authorship without the owner's permission or a valid fair use exemption. But the number of social network users has exploded (estimated to exceed two billion people worldwide) and, at its core, social media is all about sharing content. So the question arises, to what extent has the evolution of social media expanded the permissibility of posting content created by third parties beyond the traditional limits of fair use? This article will review several recent fair use cases and identify key takeaways and lessons learned.
What Is Fair Use?
The Copyright Act codifies the judicially created "fair use" doctrine. Courts have long recognized the need for such a defense because not every act that might violate an owner's copyrights should amount to an infringement. The fair use defense was created to limit the scope of copyright through an equitable rule of reason. The statute provides, in relevant part, that "the fair use of a copyrighted work, including such use by reproduction in copies…, for purposes such as criticism, comment, news reporting, teaching…, scholarship, or research" is not considered an infringement. Fair use is not, however, limited to the listed purposes. Rather, courts examine the facts of each particular case and weigh and balance the following four factors to determine whether the particular challenged activities constitute fair use or infringement:
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.
No one factor is dispositive. Instead, each factor is analyzed individually and then balanced with the others. Nonetheless, the Supreme Court has held that the fourth factor, the effect upon the potential market, is the single most important one. The Supreme Court has also held that, under the first factor, "the enquiry focuses on whether the new work merely supersedes the objects of the original creation, or whether and to what extent it is 'transformative,' altering the original with new expression, meaning, or message. The more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use."
Creator: nyphotographic.com; License: CC BY-SA 3.0
There Is No Blanket Right To Copy Others' Works, Even If Properly Attributed
Daniel Morel took photographs of the 2010 earthquake in Haiti that Agence France Presse obtained from the Twitter feed of a third party and distributed without Morel's permission. AFP brought a suit seeking a ruling that it had not violated Morel's copyrights claiming AFP should be protected by Twitter's terms of service which allow Twitter "to make your Tweets available to the rest of the world and to let others do the same." AFP, however, underestimated the importance of the next sentence: "But what's yours is yours – you own your content." Morel countersued for copyright infringement. The court ruled in Morel's favor, holding that Twitter's terms of service do not permit third-parties to remove content from Twitter to post elsewhere. A jury found the infringement to be willful, awarding Morel $1.2 million in statutory damages, the maximum possible statutory award.
We can draw a number of lessons from this case. The first was articulated by one of AFP's staff members and included in the judge's decision: "it is very difficult to know to whom the photos belong, that's one of the risks of twitter but we are going to be vigilant so that we find the right bylines." That sentiment is certainly correct, but it doesn't go far enough. Attribution does not exculpate unauthorized copying. There is no blanket right to copy and distribute others' content, even if it is properly attributed. At the same time, though, "news reporting" is one of the identified purposes in the fair use statute. It is critical to remember that the identified purposes are just the starting point of the analysis - a glimpse into the minds of the drafters - and the four-factor analysis is the true test, with its judicially developed clarifications. AFP did not make a fair use argument - perhaps concerned that, as a content owner, it would hurt AFP in the long term - but it's hard to see how a fair use analysis could favor AFP since its use was commercial, used the entire work, and had a clearly deleterious effect on the potential market for the work.
Using Someone Else's Copyrighted Image In Your Online Conversation Is Not Necessarily Transformative
The boundaries of "transformative use" were tested in recent litigation between the North Jersey Media Group and Fox News. NJMG owns the famous photograph of firemen raising a flag above Ground Zero in the hours after the September 11, 2001 attacks. On the 12th anniversary of the attacks, a Fox show, Justice with Judge Jeanine, posted a slightly altered version of the photograph to Facebook. NJMG sued and Fox sought a ruling that its reproduction of the photograph, alongside the 1945 Iwo Jima flag raising, with the caption "#NeverForget," was fair use because it conveyed a message. The court refused, intending to send that question to the jury. The parties ultimately settled, depriving us of a precedential court opinion on the question of fair use in this context. Nonetheless, the court found that Fox's alteration of the content and message of the photograph was "minimal," and did not constitute an original idea. To the extent Fox's use of the image could be considered commentary, the judge held that it "merely amounted to exclaiming 'Me too.'"
In holding that Fox's use had at least the potential to damage NJMG's market for the work (the fourth fair use factor), which primarily involved licensing the photograph for much the same type of use as Fox's Facebook post, the judge quoted the Supreme Court's holding that this factor was "undoubtedly the single most important element of fair use."
Unlike the situation above with Morel's photos, Fox knew who owned the photograph and that it was routinely licensed and its use controlled. This also was not a "hot news" story in need of illustrative imagery. The court's denial of Fox's fair use defense provides useful guidance to others who might copy another's image and think that they are being "transformative" by posting it to social media with some discussion. That the commentary accompanying the post was not about the copyrighted material is another important consideration, which the judge did not specifically identify. Had the Facebook post discussed the photograph itself, or if it was directly related to the content, then the analysis might have looked different. But the strongest takeaway from this case is that merely posting a copyrighted work to social media as part of a conversation is not "transformative" enough for fair use protection.
Source: Open Icon Library. Creating User: ZyMOS
Adding "Comments" To Appropriated Art May Constitute Transformative Fair Use
Richard Prince is a well-known, some would say notorious, "appropriation artist" who makes changes to other's works, claiming that the new work is distinct and protected by fair use. Prince was sued by photographer Patrick Cariou in what has become a seminal fair use case. That case did not involve social media, but Prince's recent project titled "New Portraits" is the inverse of the cases discussed above. For "New Portraits," Prince took photographs from Instagram without permission and turned them into gallery pieces by enlarging them and adding an Instagram-style frame with new captions/comments, as you might find on Instagram. Prince displayed these works at the Gagosian Gallery in New York and sold them for upwards of $100,000.
One of the photographers whose work Prince appropriated, Donald Graham, sued for copyright infringement in late 2015. Similar to the Morel case, Graham's photo had been posted to Instagram by a third party without authorization and Prince took it from that post. The case is ongoing, with a pending motion to dismiss that relies heavily on the Second Circuit's decision in Cariou, so it seems likely that the Second Circuit may get to opine again on fair use and "appropriation art," which could have broader impact on how fair use is seen in the social media context. As in the Fox News case, the court in Graham v. Prince may discuss the value of social media comments in a fair use analysis, since Prince argues that his addition of "comments" supports a finding that his "New Portraits" exhibition constitutes transformative fair use.
Since there are few final rulings in social media-related fair use cases, there are fewer answers than we might like. But both the case law and trends are clear that copyright is very much alive online and that stating "it's just Facebook/Twitter/Instagram" is not a legal defense to infringement. Media organizations should be especially wary of using content they cannot confidently source and license. Editors and production staff should seek permission from social media users who post photos and video of developing news events, even if just by way of communicating with them through the social media platform itself. If you would normally seek out permission to use content in the offline world, you should do so when posting another's content to social media. And, when you are having trouble figuring out how best to protect your organization, engage competent legal counsel to provide proper advice and guidance.
Oliver Herzfeld is the Chief Legal Officer at Beanstalk, a leading global brand extension agency and part of the Diversified Agency Services division of Omnicom Group.
Marc Aaron Melzer is Counsel at the law firm of Hoguet Newman Regal & Kenney, LLP, and practices all types of intellectual property law and information technology law, along with complex commercial litigation.
Follow @oherzfeld
Follow @MarcMelzerEsq
Oliver Herzfeld
Oliver Herzfeld is the Chief Legal Officer at Beanstalk, an Omnicom-owned global brand licensing agency and consultancy that has represented hundreds of the world's mos


TORONTO, March 18, 2014 /CNW/ - David Williamson, Senior Executive Vice-President and Group Head, Retail and Business Banking of CIBC (TSX: CM) (NYSE: CM) will speak at the National Bank Financial 2014 Canadian Financial Services Conference on Wednesday March 26, 2014 in Montreal. Mr. Williamson is scheduled to address the conference at 10:30 a.m. ET.
Interested parties may access the live audio webcast through www.cibc.com, Investor Relations section, under Executive Presentations and Webcasts. An archived version of the audio webcast will be available at the same location.


Small, very tactile, portable with no loose parts, and super quiet, Dimpl Duo is the perfect toy to pack for lengthy church services or a delay in a waiting room. Made with food-grade silicone buttons, the Dimpl Duo is a sensory feast with baby-friendly textures, colors, and shapes. On one side of the tablet, each silicone button is embossed with a different shape, labeled in both English and Braille. On the reverse side the buttons are smooth, and the words identify the colors. Dimpl Duo is made for little fingers, and your little ones will quickly discover that popping the dimples produces a satisfying feeling. Use Dimpl Duo to teach colors and shapes, to strengthen fine-motor skills, and just for the pleasure it creates.


text:
Mario Caracciolo, Baron of Feroleto (Naples, 26 February 1880 – Rome, 21 December 1954) was an Italian general during World War II.

Biography

Caracciolo began his military career as an artillery Second Lieutenant in 1899, attending the War School of the Royal Italian Army and serving as a staff officer at the command of the General Staff Officer Corps, then at the command of the "Novara" Infantry Brigade and later at the command of the IX Corps.

He participated in the Italo-Turkish War with the rank of Captain and later fought in the First World War as commander of a siege artillery group. After promotion to Colonel he commanded the 13th Artillery Regiment for six years.

After promotion to Major General, in 1934 he became commander of the 22nd Infantry Division Cacciatori delle Alpi and from 1935 to 1936 he commanded the 1st Cavalry Division Eugenio di Savoia. He was then appointed inspector of mobilization in Messina and in 1938 he became commander of the XXI Army Corps in Libya. On 1 January 1940 he was appointed Superior Inspector of Technical Services.

From 10 December 1940 to 15 April 1941 he commanded the Fourth Army in Piedmont and Liguria, and from April until 5 September 1941 he commanded the Fifth Army in Libya. On 5 September the Fifth Army was dissolved, but it was reformed in Italy in April 1942, with Caracciolo again in command. The new Fifth Army had its headquarters in Florence and later in Viterbo, and was tasked with local and coastal defense in Lazio, Tuscany and Sardinia.

Caracciolo was still in command of the Fifth Army when the Armistice of Cassibile was announced on 8 September 1943. He tried to organize a resistance against German attacks during Operation Achse, but his army gradually disintegrated as several of his subordinates, such as the garrison commanders in Florence, Massa and Arezzo, handed over their cities to the Germans without resistance. On 12 September Caracciolo, who had been personally involved in the fighting, formally dissolved his Army and then went into hiding in Rome, where he made contact with the Fronte Militare Clandestino, a Resistance network composed of former Army officers. The Germans placed a bounty of 20,000 lire on his head, and in January 1944 he was arrested by the Special Police Detachment of Pietro Koch, handed over to the SS, and imprisoned in Verona, Venice and Brescia, where he was tried by the Italian Social Republic's Special Tribunal and sentenced to death. The sentence was however reduced to a fifteen-year prison term as Caracciolo was a war invalid. He was liberated by the partisans on 25 April 1945.

After the war he published several books (E poi? La tragedia dell'Esercito, in 1945; Tradimento italiano o tedesco?, in 1946; Le sette carceri di un generale, in 1948; L'ultima vicenda della V Armata, posthumous) and died in Rome in 1954.

References

1880 births
1954 deaths
Italian generals
Italian military personnel of World War I
Italian military personnel of World War II
House of Caracciolo

redpajama_set_name: RedPajamaWikipedia


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text:
module Pageflow
  module Admin
    class CustomScopesRenderer < ActiveAdmin::Views::Scopes
      builder_method :custom_scopes_renderer

      def build(scopes, options = {})
        @default_scope = options.delete(:default_scope)
        super
      end

      def current_scope?(scope)
        if params[:scope]
          params[:scope] == scope.id
        else
          @default_scope.to_s == scope.id
        end
      end
    end
  end
end

redpajama_set_name: RedPajamaGithub


Merano is a perfect location for recreation holidays. It is situated in the Etsch valley well protected from the Ötztaler alps, Sarntaler alps and Ortler alps. Because of this specific location it has a mild, mediterranian climate.
During summertime one can walk under palm trees along the promenades beside the Passer river and also the botanical gardens of Merano is world famous. And beside local spa hotels also the Thermal Baths of Merano offer numerous spa- and well being treatments.
Both hikers and those interested in culture will find a variety of activities: Explore the nature preserve Texelgruppe or hike on top of the Ifinger or on the Virgiljoch. Visit museums and castles or enjoy one of the many cultural events in Merano and surroundings.
The Meraner Höhenweg is a popular hiking trail around the Texelgruppe near Merano in South Tyrol. In approx. 1,400 m it leads from the Schnals valley into the Pfossen valley, then over the Eisjöchl (2,895 m) in the Pfelderer valey and via Passeier valley and the basin of Merano back to the origin.
Five to six stages are normally needed to complete the full trail with overnight stays in the mountain huts along the way. But it is also possible to make only parts of the hiking path since there are cable cars from several villages in the valleys that take you to or from the trail.
Val Gardena is one of the valleys in South Tyrol where ladinian is spoken. It branches off the Eisack valley between Brixen and Bolzano and leads directly into the wonderful mountain landscape of the dolomites.
The landscape of Val Gardena is mainly dominated from the mighty Langkofel and the Sellagruppe. The main villages are S. Cristina, Ortisei and Selva Gardena at the end of the valley.
The valley itself and the surrounding dolomites offer numerous hiking possibilities of all difficulty levels ranging from easy trails through the valley and alpine pasture hikes up to demanding via ferrata.
And in winter Val Gardena is a very popular skiing area. But the snow covered landscape invites also to practice cross country skiing hiking or skating.
The Provinz Verlag is a non-profit publishing house which promotes literature from South Tyrol.
The name Provinz Verlag on one hand shall point out the peripheral geographical location of South Tyrol. On the other hand it stands for the support of artists and writers "from the province".
Just check out the book catalogue if you are looking for a nice book to read during your recreation holidays in South Tyrol.


text:
Neuralink is reportedly under federal investigation over animal testing
The US Department of Agriculture's (USDA) Inspector General is reportedly investigating Neuralink over potential animal welfare violations related to research testing. According to Reuters, internal documents show that staff members have been raising concerns that the company has been rushing animal testing and causing needless suffering and death. The news […]
The US Department of Agriculture's (USDA) Inspector General is reportedly investigating Neuralink over potential animal welfare violations related to research testing. According to Reuters, internal documents show that staff members have been raising concerns that the company has been rushing animal testing and causing needless suffering and death.
The news organization said the company has killed 1,500 animals, including more than 280 sheep, pigs and monkeys, since 2018. Those numbers don't automatically mean Neuralink is violating the law, and the company has passed all USDA inspections of its facilities. Former and current employees told Reuters, however, that pressure from Neuralink founder Elon Musk to accelerate development has led to faulty experiments and, hence, death rates higher than they need to be.
Musk has reportedly been telling employees since the company was launched in 2016 to imagine that they had a bomb strapped to their heads in an effort to make them move faster. He also reportedly told staff that he would trigger a "market failure" unless they made progress, which some employees interpreted as a warning that he would shut down the company. Earlier this year, Musk also sent staff members an email with an article about Swiss researchers who created an implant that helped a paralyzed person walk again, Reuters said. "In general, we are simply not moving fast enough. It is driving me nuts!" he reportedly wrote in a follow-up email.
Upon reviewing internal testing documentation, Reuters said it found four experiments involving 86 pigs and two monkeys with results that were rendered questionable by human errors. Neuralink had to repeat those experiments, leading to more deaths. A message written by an angry employee talked about how rushed animal surgeries had led to under-prepared and overstressed employees who ended up making mistakes. A couple of examples Reuters found in the documents detailed how Neuralink staff implanted the company's brain-machine interface device on the wrong vertebra of two different pigs — something that could've been easily prevented by counting the animals' vertebrae — forcing the team to kill them to end their suffering.
Earlier this year, the animal rights group Physicians Committee for Responsible Medicine accused the company botching surgeries that killed monkeys. Neuralink admitted that it had killed six monkeys in its joint study with the University of California, Davis due to issues caused by their experiments. However, they defended their research and said that it didn't break any laws.
Neuralink recently held an event announcing that it could start human trials within the next six months. During the program, company founder Elon Musk directly responded to the Phyisicians Committee accusations: "Before we would even think of putting a device in an animal, we do everything possible we with rigorous benchtop testing, We're not cavalier about putting these devices into animals. We're extremely careful and we always want the device, whenever we do the implant — whether into a sheep, pig or monkey — to be confirmatory, not exploratory," he said.
Reuters, however, said it found Neuralink records with numerous references to "exploratory surgeries." Autumn Sorrells, Neuralink's Animal Care Program Director, also reportedly ordered employees in October to remove "exploration" from their study titles and to stop using the term going forward.
Posted in Animal CareTagged #animal #Animal Care #Animal nutrition #cat #Dog #Federal #investigation #Neuralink #Pet Food #Pet Supplement #Pets News #reportedly #testing
nikholas
https://larumbeta.com
Lallemand Animal Nutrition stepping up its game in the pet food space
Fri Dec 9 , 2022
The new recruits will support the commercial side of the pet nutrition business in the US and Canada, as well as developing it further in Europe, in countries that offer significant growth potential when it comes to companion animal nutrition, namely Germany, France, the Netherlands, Belgium, and Switzerland. "We are […]
Pet Adoption In The Phoenix Area: New Pets Added This Week
Waived and reduced adoption fees for Bossier's animal shelter
Whistleblowers detail shelter in crisis at Animal Foundation
SCVNews.com | County Animal Care, Control Seeking 'Giving Tuesday' Donations
Cincinnati Animal CARE prepares 155 dogs, 62 cats for dangerous weather
'I'd rather work myself to the bone than have an animal suffer.' Jackson woman up for national award


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