text:
A tragic case ....
Lord Taylor of Warwick has been sentenced to 12 months imprisonment in relation to fraudulent Parliamentary expenses claims - BBC 31st May 2011. Lord Taylor was convicted in January. He resigned the Conservative Party Whip at the time he was charged with the offences. Lord Taylor's background and career may be seen here.
The Sentencing Remarks of Saunders J are available on the judiciary website (see remarks). The judge sets out the dishonest course of conduct which Taylor embarked upon and points out how the use of an address in Oxford caused distress to the person living there who was not a part of Taylor's dishonest scheme. This was an aggravating feature of the case as well as the conduct being over a prolonged period. The Judge spoke particularly eloquently about Taylor's life and career and noted that much of it was conducted with "quiet dignity and humour which has characterised so much of his public life." "All that Lord Taylor has thrown away. Not by one stupid action but by a protracted course of dishonesty."
"At the core of the offending of both MPs and peers is the high degree of breach of trust and the effect on the reputation of Parliament. That applies equally
Posted by ObiterJ at Tuesday, May 31, 2011 No comments:
"Accountability" is not synonymous with "Heads must roll" - but are there really constitutional issues at stake?
Judgment of Foskett J - R (Shoesmith) v Ofsted, Secretary of State for Children Schools and Families, London Borough of Haringey [2010] EWHC 852 (Admin)
Appeal from Judgment of Foskett J -R (Shoesmith) v Ofsted and others [2011] EWCA Civ 642
The Court of Appeal found against the Secretary of State. The court also found against Haringey London Borough Council but found in favour of Ofsted in relation to the Joint Area Review urgently conducted in November 2008. See The Guardian 28th May – "Sharon Shoesmith ruling: welcome but few cheers" and "Local Government Lawyer" 27th May.
A Spokesperson for the government said:
"The Government thinks that it was right in principle for Sharon Shoesmith to be removed from her post as Director of Children's Services.
"There are questions of constitutional importance involved in this case, beyond the specific question about whether Ed Balls should have had a further meeting with Sharon Shoesmith before removing her.
"Our initial application to appeal has been turned down by the Court of Appeal. We intend to pursue an appeal to the Supreme Court."
This was the reaction to the Court of Appeal decision in the judicial review brought by Sharon Shoesmith (former Director of Children Services at Haringey) against Ofsted, the Secretary of State and Haringey Council – see The Telegraph 28th May 2011. Few people would disagree with the point that, in principle, Sharon Shoesmith had to be replaced. As Director of Children Services at Haringey, the buck stopped with her and serious failings were identified in relation to her Department. Nevertheless, others cannot claim to emerge unscathed and that must include the Rt. Hon. Ed Balls MP who, at the time, was Secretary of State for Children, Schools and Families. The Judicial Review found Mr Balls wanting in relation to HOW he went about his decision-making. The review was not concerned with the merits of Mr Balls' actions.
The case does not, as such, raise questions which might be considered to be of constitutional importance so it is necessary to ask just what is in the mind of Ministers in the present government. They appear to see judicial review as the judiciary exercising too much power and they are seeking ways to stem such judicial activism. The setting up of the Committee to consider a UK Bill of Rights may also be seen as part of this governmental agenda.
Where the real responsibility lies for Baby-P's death
Those with whom Baby-P lived carry the direct responsibility for his death. Tracey Connelly (Baby-P's mother) pleaded guilty to causing or allowing the death of a child – Domestic Violence, Crime and Victims Act 2004 s.5. Her boy friend Steven Barker and a lodger (Jason Owen) were convicted on 11th November 2008 of the same offence. Connelly was given an indeterminate sentence of imprisonment with a minimum term of 5 years. An appeal was abandoned. Barker was sentenced to 12 years imprisonment – this sentence to run concurrently with life imprisonment (minimum 10 years) for the rape of a child aged 2. He later lost an appeal against the rape conviction. Owen was sentenced by the trial judge to an indeterminate sentence of imprisonment but this was altered on appeal to a determinate sentence of 6 years.
The Court of Appeal decision
Posted by ObiterJ at Monday, May 30, 2011 1 comment:
Sharon Shoesmith wins her appeal
Sharon Shoesmith
Basic facts:
In April 2005, Sharon Shoesmith was appointed as Director of Children's Services at Haringey London Borough Council. The appointment by a Council of such an officer is a statutory requirement - Children Act 2004 s.18. "Baby P" - who was the subject of a Child Protection Plan put in place by Haringey Social Services - died on 3rd August 2007 aged 17 months. Those directly responsible for his death were eventually all convicted under the Domestic Violence, Crime and Victims Act 2004 s.5. Their trial, at the Old Bailey, ended on 11th November 2008. To say the least, the trial was followed by a media hue and cry demanding that heads roll. On 1st December 2008, Mr Ed Balls MP (then Secretary of State for Children, Schools and Families) held a Press Conference at which he said that Haringey would be considering the employment relationship "this afternoon and immediately." He made it clear that his view was the Ms Shoesmith "should not be rewarded with compensation or pay offs" but "that's a matter for Haringey." On 8th December 2008 she was dismissed without any form of payment in lieu of notice or compensation and her internal appeal against dismissal was rejected on 12th January 2009. In March 2009, Ms Shoesmith commenced judicial review against OFSTED, the Secretary of State and Haringey Council. Judicial review is concerned with the legality of decision-making.
Judicial review including appeal:
The judicial review was first heard by Foskett J who, after six days of oral argument and later written submissions, dismissed all of Ms Shoesmith's applications though he did so with a "lurking sense of unease."
Ms Shoesmith was successful on appeal to the Court of Appeal (Civil Division). The case was
Posted by ObiterJ at Friday, May 27, 2011 1 comment:
Westminster Hall - a place of history
Pope Benedict XVI at Westminster Hall 2010
Built in 1097, Westminster Hall is a focal point of British democracy and law. Many famous Heads of State and eminent politicians have addressed both Houses of Parliament but it is quite rare for the address to be at Westminster Hall: Albert Lebrun (1939), HM King George VI in 1950, President de Gaulle (1960), HM Queen Elizabeth II (1977, 1988, 1995 and 2002), Nelson Mandela (President of S. Africa in 1996) and His Holiness Pope Benedict XVI (2010).
Over the centuries, Westminster Hall has been a place where the principal English Law Courts sat until the modern High Court was formed by the Judicature Acts 1873-75. The Hall has witnessed many trials including those of Sir Thomas More and King Charles I. Interestingly, eleven years after the trials of Charles I, the "Regicides" were tried and nine were subsequently executed. The Hall was also the place where "Impeachments" took place such as that of Warren Hastings (Governor General of India). His trial took some 8 years and he was eventually acquitted. Impeachment may be obsolete but has not been legally abolished. It is interesting that it was considered by some to be a possibility in 2004 in connection with Prime Minister Blair.
The other notable use of the Hall has been for "Lying in State" usually of a Monarch. The last occasion was in 2002 - Her Majesty Queen Elizabeth the Queen Mother and, prior to that, Winston Churchill in 1965. It was said that over 200,000 people filed past the coffin of the Queen Mother.
The fascinating history of this splendid building may be seen on the Parliament website - (Westminster Hall). See also Pictures from Old Books.
The text of President Obama's Speech to Parliament - The White House 25th May 2011
Watch the ceremony and hear the speech on Democracy Live (BBC 25/5/11)
Posted by ObiterJ at Wednesday, May 25, 2011 No comments:
The Ian Tomlinson case - a manslaughter prosecution: Victims Commissioner: Fixed Term Parliaments and other Bills
Politicians at G20 in 2009
The Crown Prosecution Service (CPS) has announced that there is to be a prosecution for manslaughter in relation to the death of Mr Ian Tomlinson. P.C. Simon Harwood is to be charged. It is a matter of public record that the inquest jury returned a verdict of unlawful killing but a Coroner's court is not permitted to determine questions of criminal or civil liability. Since criminal proceedings are now active it is not permissible to comment further on the case - see the CPS statement relating to the prosecution.
The families of Victims of Crime:
The Commissioner for Victims and Witnesses - Louise Casey - has pointed out that families who have lost loved ones under terrible circumstances are facing costs of £37,000 on average as they struggle to pick up the pieces - see Ministry of Justice 11th May 2011.
Fixed term Parliaments:
Some time ago, Law and Lawyers
Inquiries in Northern Ireland ... and Inquests
The Inquiry into the murder, on 15th March 1999, of Northern Ireland solicitor Rosemary Nelson has reported. She was killed by a bomb attached to her car and a "loyalist" group known as "Red Hand Defenders" claimed responsibility. The Rosemary Nelson Inquiry has taken 6 years at a cost of £46.5m. See the Inquiry website from where the report may be accessed. An earlier report by retired Canadian Supreme Court Judge Peter de Carteret Cory also considered aspects of the Rosemary Nelson case.
The Rosemary Nelson Report raised
Posted by ObiterJ at Monday, May 23, 2011 No comments:
Lord Neuberger - Superinjunctions and other orders
Lord Neuberger MR
Imagine a conversation between the man in the street – (let's call him Joe) – and a lawyer – (Silkysmooth). Joe asks why he cannot know the name of some prominent person (X) who, so it is alleged, has been having an extra-marital affair. Silkysmooth responds – "The simple answer is that an order of the High Court – known to lawyers as an "injunction" – prevents publication of the name." Joe then asks – "Why have they done this? Surely, there's such a thing as free speech." Silkysmooth - "Because X has a right, under the European Convention on Human Rights Article 8, to respect for his private and family life, his home and his correspondence – and, for that matter, you have the same right." Joe replies – "Maybe, but nobody's interested in me and I can't afford to get one of those ... what did you call 'em ... injunctions! Anyway, what about free speech." "Ah yes, Article 10 of the European Convention, I did my Masters thesis at Oxford on that before coming up to London ...."
Joe, rightly suspecting a lengthy monologue by Silkysmooth, interrupts - "Can an injunction stop MPs discussing something in Parliament?" "No", replies Silkysmooth, "there is something called Parliamentary privilege. It's an old law going back to the 17th century or before and is aimed at protecting the ability of Parliament to debate freely. However, this privilege has its limits. For instance, it is unclear whether it fully covers some matters such as conversations between an MP and a constituent. Also, you could be in breach of an injunction by mentioning it to your MP if the injunction prevents discussion with third parties" "Well, all this ought to be sorted out, Joe says, "why isn't it?" "Because sometimes no case has come up to get a ruling", replies Silkysmooth.
"My wife told me that the judges have too much power and should not be doing these things – after all they are unelected", said Joe. "Well", replies Silkysmooth - (deliberately ignoring Joe's technical breach of the hearsay rule) – "It is the elected politicians in Parliament who have let the judges do this, by bringing in the Human Rights Act 1998. The judges are only protecting the rights of those before the courts and this is all they are doing when they issue a superinjunction."
"I've heard of one those" Joe intervenes, "are we allowed to know one has been issued and can my MP get to know it exists?" "You are not allowed to know", insists Silkysmooth – "but your MP may
Posted by ObiterJ at Sunday, May 22, 2011 7 comments:
Lord Collins of Mapesbury
On 7th May, Supreme Court Justice Lord Collins of Mapesbury reached what a good friend of mine used to call the "statutory age of senility" meaning that his retirement, at age 70, as a full time judge was enforced by law. Lord Collins is notable in being the only solicitor to have ever reached the top of the legal profession both as a Lord of Appeal in Ordinary - (appointed in 2009, he was the 111th such appointment) - and then as a Justice of the Supreme Court of the U.K. upon its commencement in October 2009.
The President of the Supreme Court, Lord Phillips, told a glittering gathering of the legal establishment at the Inner Temple: "We at the Supreme Court bitterly resent his going. His many qualities have enriched our lives. His outstanding legal knowledge and wisdom has enriched our judgments...and he is an infallible source of advice on which films must not be missed."
Lord Collins will
Posted by ObiterJ at Saturday, May 21, 2011 No comments:
Sentencing Guidelines for Burglary
Hot on the heels of sentencing guideline consultations for assault and drug offences, the Sentencing Council has issued a consultation on sentencing for burglary. The consultation is open to public comment up to 4th August 2011 – see Professional Consultation document. In the assault and drug offence consultations a nine point approach was adopted and the same approach has been applied here.
Burglary is legally defined in the Theft Act 1968 s.9 (Burglary) and s.10 (Aggravated Burglary). In recent years, particularly
Posted by ObiterJ at Friday, May 20, 2011 No comments:
Plantagenet Palliser - after 100 years, will Lords reform arrive?
See the draft Bill together with Explanatory Notes.
It was the author Anthony Trollope (1815-1882) who invented the fictitious character Plantagenet Palliser who became Duke of Omnium and, even though he had to sit in the House of Lords, Prime Minister of a coalition government. Palliser sought in vain to decimalise the currency but this reform eluded him. It is now a century ago since the Parliament Act 1911 limited the powers of the House of Lords and stated in the Preamble:
"Whereas it is expedient that provision should be made for regulating the relations between the two Houses of Parliament: And whereas it is intended to substitute for the House of Lords as it at present exists a Second Chamber constituted on a popular instead of hereditary basis, but such substitution cannot be immediately brought into operation: ...."
A century later, the kind of reform indicated in 1911 has proved to be extremely elusive though, like Palliser, it has not necessarily been for the want of trying. There was the Bryce Conference of 1917-18; the Parliament Act 1949 further limited the Lords' power, life peerages came with the Life Peerage Act 1958 (and enlivened the Lords), the Peerage Act 1963 permitted disclaimer of peerages; and the House of Lords Act 1999 removed some 654 out of 746 hereditary peers. Then came the Wakeham report of 2000 followed by a Joint Committee on House of Lords Reform report of 2002 and various White Papers - notably that of 2007 - and now the coalition government's proposals. Proposals for reform up to year 2000 are helpfully summarised here.
Rodney Brazier - (Professor of Constitutional Law, University of Manchester) - in his book "Constitutional Reform - Reshaping the British Political System" (OUP 3rd Ed) refers to the "Second-Chamber Paradox" (chapter 5). It is in this book that the analogy with Plantagenet Palliser appears. Brazier argues that, on the one hand, our Parliament is enhanced by the presence of some people from outside the world of politics who bring their individual experience and expertise to bear. Further, the House tends to look at legislation with "something approaching an impartial rigour" and the House is therefore a counterweight to the elective dictatorship. On the other hand, a House without elected members is "anomalous and unrepresentative."
The Coalition Government's proposals:
Kicking the "Rhino's Skin" ... (the discomfiture of Mr Clarke) - DNA profiles - the Stephen Lawrence murder
Breaking the Cycle and discount for guilty plea:
In December 2010 Law and Lawyers looked at the White Paper - "Breaking the Cycle ...." - which set out the government's thinking on reforms to the ways in which offenders are dealt with. One proposal - at para. 216 - indicated that the government wished to give incentive to those who are guilty to so plead at the earliest opportunity and, to assist with this, a 50% reduction in sentence is proposed. This particular proposal hit the headlines spectacularly on Wednesday 18th May after the Secretary of State for Justice and Lord Chancellor (Rt. Hon. Kenneth Clarke QC MP) gave an interview to Radio 5. It certainly appeared at Prime Minister's Question Time - (see BBC) - that David Cameron might well now be distancing himself from this proposal. Under present sentencing guidance a discount of up to one-third is possible for an early guilty plea but "early" would usually be taken to mean by the first appearance before the court which will try the case. Sentencing guidance suggests only a 10% discount if the guilty plea is entered just as the trial is about to start.
Rape:
There was further and greater discomfiture for Mr Clarke over
Posted by ObiterJ at Thursday, May 19, 2011 No comments:
Intellectual property - the Hargreaves Review reports
Intellectual property is of enormous economic importance. A review of Intellectual Property and Growth has been conducted by Professor Ian Hargreaves of Cardiff University and the review report (Digital Opportunity: A review of Intellectual Property and Growth) has been published. The government's Intellectual Property Office (IPO) issued a press statement indicating that changes to intellectual property law could add some £7.9 billion to the U.K. economy. The press statement contains a summary of the recommendations made by the review.
Intellectual property rights are those rights granted by law to creators and owners of works that are the result of human intellectual creativity. The main intellectual property rights are: copyright, patents, trade marks, design rights, protection from passing off, and the protection of confidential information. One of the major difficulties with the law in this field is that the law has a tendency to lag considerably behind new technological innovations. The law has considerable international dimensions - (e.g. how are intellectual property rights given protection internationally) - and European Union law has much to say on the subject. See World Intellectual Property Organisation (WIPO).
Readers may find the website of the Centre for Intellectual Property and Information Law of interest and the Queen Mary Intellectual Property Research Institute. See also the reaction to the report on Legal Week and the Solicitor's Journal - "Review urges government to take action"
House of Lords Reform
House of Lords Reform Draft Bill
The Deputy Prime Minister (The Rt. Hon Nick Clegg MP) has presented a draft House of Lords (Reform) Bill to Parliament. The Bill is to be considered in a committee which will report in early 2012. The proposal involves a House much reduced in size (300 is proposed) and the majority (possibly all) will be elected using the Single Transferable Vote (STV) method of proportional representation.
See the draft Bill together with Explanatory Notes. A later post will take a look at this important proposal in some detail. See also Office of the Deputy Prime Minister
It appears that this key constitutional reform will be decided just by the politicians. No referendum on the reforms is planned. Should there not at least be some detailed consultation with the people on reforming what is, after all, a Parliament which enacts the laws they have to live by?
The White Paper ends by stating - "This draft Bill marks the transformation of the House of Lords into a democratically legitimate second chamber. It provides our vision for the reform of the House of Lords. The Government looks forward to the results of the work of the Joint Committee which is undertaking pre-legislative scrutiny of the Bill. We will consider their report carefully, but remain committed to introducing a Bill for enactment in time to provide for the first elections in 2015."
Addendum 18th May: UCL Constitution Unit Press Release - Eight key obstacles on the road to Lords reform.
Commenting on Family Cases
"Justice is not a cloistered virtue: she must be allowed to to suffer scrutiny and respectful, even though outspoken, comments by ordinary men" - Lord Atkin - Ambard v Attorney-General for Trinidad and Tobago [1936] AC 322 (PC). This statement, by one of the most distinguished of British judges, is frequently quoted. Unfortunately, one of the most difficult areas to comment upon is that of family cases and there is clear tension between the media and the judiciary over this matter. This is, yet another, area where Articles 8 (Private and Family Life) and 10 (Expression) of the European Convention on Human Rights come into collision.
The previous Labour Government secured the enactment of the Children, Schools and Families Act 2010, Part 2 of which created a new scheme relating to publicity of child family cases. This scheme would apply across all family courts. The coalition government announced in October 2010 that it would await await the outcome of the Family Justice Review before deciding whether to commence Part 2 of the 2010 Act. This leaves the matter of reporting to be regulated by the Children Act 1989 s.97(2) and it should be noted that contempt of court proceedings may also arise under the Administration of Justice Act 1960 s.12.
Issue appears to have been joined between the journalist Mr Christopher Booker and
Posted by ObiterJ at Tuesday, May 17, 2011 10 comments:
Watch the Supreme Court of the U.K. at work ...
Most hearings before the Supreme Court of the U.K. may now be viewed via the Sky News website. See also Legal Week and the U.K. Human Rights Blog. This development is very welcome. There may be some instances where, for legal reasons, the proceedings are not broadcast.
Court of Protection .... is for the weak and vulnerable not the rich and famous
Over recent weeks, there has been massive coverage of the use of injunctions to protect the private lives of various "celebrities" - (who can afford to bring these cases to court). Then there has been the case in the European Court of Human Rights of Moseley v U.K. which is discussed on the UK Human Rights blog and by Head of Legal. Mr. Moseley lost his argument that the European Convention required him to be notified in advance of any plan to publish items concerning his private life.
Far removed from these high profile cases are some profoundly difficult and sensitive cases coming before the Court of Protection. One such case concerns a lady - (who must be known only as M) - who was admitted to hospital in 2003 suffering from brain stem encephalitis and is now in a "minimally conscious state." M's family consider that M would not wish to continue living in her current state. M's mother (W) applied to the Court of Protection for a declaration that M lacks capacity to make decisions as to her future medical treatment and that treatment may be lawfully discontinued.
Proceedings in the Court of Protection are normally
Posted by ObiterJ at Saturday, May 14, 2011 1 comment:
Supreme Court - Compensation for miscarriage of justice cases
Payment of Compensation for Miscarriage of Justice - some initial thoughts
The Criminal Justice Act 1988 s133 provides for compensation - "when a person has been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows beyond reasonable doubt that there has been a miscarriage of justice."
Section 133 therefore requires that (a) there is a new or newly discovered fact; (b) showing beyond reasonable doubt; (c) a miscarriage of justice.
What does the phrase "miscarriage of justice" mean for the purposes of s.133? This was the issue before a nine judge Supreme Court in R (Adams) v Secretary of State for Justice [2011] UKSC 18. [Judgment in two cases from Northern Ireland - MacDermott and McCartney - were given at the same time]. A further issue, in the case of Adams, was what was a "new or newly discovered fact."
All the appellants had been convicted of murder but had their convictions quashed and they all claimed compensation under s.133. The Secretary of State argued that the men had not shown that a "miscarriage of justice" had occurred.
The phrase miscarriage of justice was capable of different meanings. The Supreme Court set out four categories based on the judgment of Dyson LJ (as he then was) when the Adams case was in the Court of Appeal (Criminal Division) - (here)
Category 1 - the fresh evidence shows the person to be innocent;
Category 2 - had the fresh evidence been available at the trial, no reasonable jury could properly have convicted the defendant
Category 3 - Where the fresh evidence rendered the conviction unsafe in that, had it been available at the trial,a reasonable jury might or might not have convicted the defendant
Category 4 - Where something had gone seriously wrong in the investigation of the offence or the conduct of the trial resulting in the conviction of someone who should not have been convicted
The court noted that the primary object of s.133 was to compensate a person who had been convicted and punished for a crime which he had not committed. The court eliminated Categories 3 and 4 from the scope of s.133. Category 3 was outside s.133 since the section required that the miscarriage of justice had to be shown beyond a reasonable doubt. Category 4 was outside s.133 because it dealt with abuses of process so shocking that the conviction should be quashed even if it did not put in doubt the guilty of the convicted person - an example was the Mullen case decided by the House of Lords in 2004.
Category 1 cases were clearly covered by s.133. A majority (5 to 4) held that s.133 was not restricted solely to Category 1 cases. To so restrict it would deprive of compensation some who were in fact innocent but could not establish this beyond reasonable doubt. The majority stated - "A new or newly discovered fact will show conclusively that a miscarriage of justice has occurred when it so undermines the evidence against the defendant that no conviction could possibly be based on it."
The wording of this formula is different to the wording used to describe Category 2. Clearly the formula includes all Category 1 cases and goes to some extent beyond that.
According to 4 of the justices, the phrase "new or newly discovered fact" was to be
Posted by ObiterJ at Wednesday, May 11, 2011 4 comments:
Munro Review on Child Protection reports
Professor Eileen Munro has issued her final report on Child Protection. - (pdf - large file) and also see the Munro Review of Child Protection on the Department for Education website. The report makes 15 recommendations which, Professor Munro claims, will help "shift the child protection system from being over-bureaucratised and concerned with compliance to one that keeps a focus on whether children are being effectively helped and protected." The government have stated that they will work closely with a group of professionals from across the children's sector to develop a full response to Professor Munro 's recommendations later this year. Professor Munro speaks about her report here. For earlier posts on this review see Law and Lawyers 10th June 2010 and 11th February 2011.
In March 2011 the Norgrove Review on Family Justice issued an interim report - (pdf - large file). Discussion of the report may be seen at Family Law Week.
Interestingly, many of the reviews commissioned by the coalition government in its first flush of enthusiasm are now reporting and making significant recommendations. It remains to be seen whether these recommendations will be translated into practice and, if so, how it will be done in this difficult economic climate. For example, The Guardian 10th May wondered whether much of the Munro Review will be implemented in the light of cuts to the budgets of local authority social services departments. Of course, any reduction in bureaucracy is to be welcomed but the fact will remain that reports from social services will be required for the purposes of care proceedings in the family courts. Once such proceedings are commenced, social workers have to spend considerable time preparing such reports and attending court.
The Munro Review - summary of recommendations:
Some recent property cases
Here is a brief look at three recent property cases which raise interesting and important issues.
Property of Cohabitees - separation and co-ownership of a home:
Kernott v Jones [2010] EWCA Civ 578, is a particularly important (majority) decision of the Court of Appeal relating to property held jointly by unmarried persons. A further appeal has been heard by the Supreme Court and judgment is awaited. Lord Justice Wall commenced by stating - "This is a cautionary tale, which all unmarried couples who are contemplating the purchase of a residential property as their home, and all solicitors who advise them, should study." The Marilyn Stowe blog considers this in "Kernott v Jones: a case of square pegs and round holes" and argues that "cohabitation manifestly does produce a relationship in need of regulation. All we have at present is a hotchpotch of rigid, outmoded and outdated property law to regulate the end of a relationship that may have been every bit as financially complex as a marriage." When the relationship between cohabitees breaks down there is a clear practical need to sort out the property but it is interesting, as Marilyn Stowe notes, that when Lord Justice Wall (President of the Family Division) stated recently that urgent legislation is required for cohabiting couples, more than 60 per cent of The Times readers surveyed disagreed. It remains to be seen to what extent, if at all, the Supreme Court will push the boundaries of property law in the absence of specific legislation similar to that applying to divorcing couples.
Law Commission proposals on Cohabitation
Scotland has legislation in place so that the courts may make certain orders in some cases where cohabitees separate - Family Law (Scotland) Act 2006.
Making a will and Family provision:
When making a will, the basic rule
Saturday, 7 May 2011
It's a NO to AV .... but .... what lies ahead?
Parliament of the United Kingdom
The referendum held on 5th May resulted in a decisive rejection of the "Alternative Vote" (AV) as a method of electing the House of Commons - "AV referendum: Britain overwhelmingly votes NO." 68% voted against AV with 32% in favour - the election turnout being around 40%. The background to this was covered in an earlier post on the Parliamentary Voting System and Constituencies Act 2011 which, apart from the AV issue, seeks to reduce the number of parliamentary constituencies to 600.
Interesting questions now arise. How will the referendum result affect other constitutional reform proposals and will there be new issues arising? Of course, the campaign about AV saw members of the coalition government in opposing camps - in particular, the Prime Minister (against AV) and the Deputy Prime Minister (for AV). Whether this has irreparably fractured the coalition remains to be seen - see, for example, views expressed by Mr Vince Cable about the "ruthless, calculating and thoroughly tribal" Conservatives.
Currently going through Parliament is the Fixed Term Parliaments Bill which is now in the House of Lords and, according to the timetable, could become law by the end of May. Then there is the continuing and seemingly unsolvable issue of House of Lords reform. The Deputy Prime Minister was said to be about to introduce a reform bill with a view to achieving a House of Lords with a substantially elected membership but, it now appears, that such a reform may not receive sufficient political support particularly from the Conservatives - see Independent 7th May. Interestingly, well over 100 new peers have been created on the recommendation of Mr Cameron and the view has been expressed that the Lords is now "full" - BBC 20th April. and a "think tank" at University College London has reported on the size of the Lords and proposed some short term changes which it sees as urgent.
Potentially, the even
Posted by ObiterJ at Saturday, May 07, 2011 2 comments:
Inquest - London Bombs of 7th July 2005
With Addendum of 15th May
The Rt. Hon. Lady Justice Hallett DBE - Acting Deputy Coroner for Inner West London - has delivered a verdict of unlawful killing in relation to 52 deaths caused by the detonation of bombs in London on 7th July 2005 - often referred to now as 7/7. The learned Coroner's closing remarks are available on the Inquest website. Lady Hallett has also issued a report under Rule 43 of the Coroner's Rules 1984 - as amended by the Coroners (Amendment) Rules 2008. The Rule 43 report contains 9 key recommendations - summarised here. Such a report may be issued where a Coroner is satisfied that the evidence gives rise to a concern that circumstances creating a risk of other deaths will occur or continue to exist in the future, and is of opinion that action should be taken to prevent the occurrence or continuation of such circumstances, the Coroner may report the circumstances to a person who the Coroner believes has power to take action.
The Inquest explored in detail the circumstances of each of the 52 deaths and looked at the adequacy of the emergency response. It was common ground that the evidence did not justify the conclusion that any failings on the part of any organisation or individual caused or contributed to any of the deaths. The Coroner took considerable account of expert knowledge as to the effect of bomb blast on individuals in close proximity to the detonation. Lady Hallett was satisfied, applying a balance of probability test, that each would have died whatever time the emergency services had reached and rescued them.
The inquests
Posted by ObiterJ at Friday, May 06, 2011 13 comments:
Wednesday, 4 May 2011
Two appointments to the Supreme Court of the United Kingdom
Lord Justice Wilson
It has been announced that Lord Justice Wilson and Mr Jonathan Sumption QC are to be appointed to the Supreme Court of the United Kingdom. Lord Justice Wilson's background may be seen here. He is a vastly experienced family lawyer and as a judge he has sat in the High Court from 1993 to 2005 and in the Court of Appeal since then. Jonathan Sumption QC is a highly regarded commercial lawyer with expertise in European Union law, Competition Law, Public and Constitutional Law. He has been frequently engaged in overseas jurisdictions, and in recent years has argued cases before the Appellate Courts of Hong Kong and also the Federal Court in Australia. It was rare for a lawyer to be appointed directly to the House of Lords and Mr Sumption is the first such appointment to the Supreme Court.
Jonathan Sumption QC
Lord Saville retired from the Supreme Court in 2010 and Lord Collins is due to retire.
Supreme Court Press release
No. 10 Press Release
The Guardian 4th May 2011.
See also "Selecting Justices of the Supreme Court ....."
Ian Tomlinson Inquest - Unlawful Killing Verdict
The jury at the Ian Tomlinson Inquest has delivered a verdict of unlawful killing - see the Inquest Website and The Guardian 3rd May.
It now appears that the Director of Public Prosecutions (Mr Keir Starmer QC) is to review the earlier decision relating to the prosecution of the officer who pushed Mr Tomlinson. The Inquest was notable for the evidence of a number of pathologists three of whom contradicted the findings of Dr Patel the first pathologist to conduct a post mortem examination. The jury had been told by the City of London Assistant Deputy Coroner His Honour Judge Peter Thornton QC that, in order to return a verdict of unlawful killing, they had to be sure beyond a reasonable doubt that the Police action caused the death - (see Directions here).
The final directions to the jury may be read here. The Coroner reminded the jury of the purpose of an Inquest and emphasized that they could not express any opinion on criminal or civil liability.
There will be more to come on this matter. Apart from the DPP reviewing the decision relating to prosecution, there is to be a Police Misconduct Hearing.
Previous Posts: 15th April 2011 ... 4th October 2010 ... 27th July 2010 ... 22nd July 2010
See Ian Tomlinson Inquest website and the Tomlinson Family's website.
Addendum 5th May 2011: Press Statement by the Metropolitan Police
Posted by ObiterJ at Tuesday, May 03, 2011 1 comment:
How extensive is all this surveillance? ... and some other items
The Guardian 3rd May carried the story of Mr John Catt (aged 86) who, it seems, has had his presence at peaceful protests systematically logged by the National Public Order Intelligence Unit (NPOIU) for some 4 years. He has been given permission in the High Court to bring an action against the police. See The Guardian - "Protester to sue police over secret surveillance." The NPOIU operates under the aegis of the Association of Chief Police Officers (ACPO). Concern has been rising for some time about the extent of such surveillance - see, for example, The Guardian 25th October 2009, "How Police rebranded lawful protest as domestic extremism." It makes one wonder just how many people are under similar surveillance. Maybe one of our elected representatives at Westminster might care to look into it?
How many surveillance cameras are there in Britain and how many times a day is each individual seen on camera? One survey estimated the number
Posted by ObiterJ at Tuesday, May 03, 2011 2 comments:
Arrests in London on 28th April - Breach of the Peace etc.
The Royal Wedding passed off exceptionally well. It has been estimated that something like a million people were in central London for the occasion and millions more, in many countries, watched the ceremony on television. Overall the whole occasion had a happy atmosphere with the vast majority of people wishing the couple a great future. Unfortunately, but perhaps inevitably, there were a number of arrests - (in the region of 100). A number of people planned a "street theatre" with the idea of showing a mock execution. The arrest, on the evening of 28th April, of three of these people raises some interesting legal questions. The three arrested were Professor Chris Knight, Camilla Power and Patrick Macroidan. The precise basis of the arrests is not entirely clear though "conspiracy to commit a breach of the peace and public nuisance" has been mentioned - Telegraph 29th April 2011 "Royal Wedding: three arrested for 'mock execution' plan."
Breach of the Peace: At common law, a constable is empowered to take reasonable steps to prevent a breach of the peace and persons may be arrested for "breach of the peace." The origin of this concept seems to date back to possibly Anglo Saxon times when every man had his own "peace" with the King's Peace being the most important. Today, "the peace" extends
"Accountability" is not synonymous with "Heads mus...
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Plantagenet Palliser - after 100 years, will Lords...
Kicking the "Rhino's Skin" ... (the discomfiture o...
Court of Protection .... is for the weak and vulne...
Supreme Court - Compensation for miscarriage of ju...
Two appointments to the Supreme Court of the Unite...
How extensive is all this surveillance? ... and s...
Arrests in London on 28th April - Breach of the Pe...


Eating fish refularly is a great way to add Omega 3 fatty acids in to the diet in accordance with a proper anti-inflammatory diet. However, some fish don't make the grade as far as health goes. Andy Weil spells this out for us below. Thanks Dr. Weil!
Large predatory fish. Shark, swordfish, tilefish, king mackerel and white (albacore) tuna may have high levels of mercury. Pregnant women and children are particularly vulnerable to the effects of contaminants, and should avoid these species.
Omega-6 rich fish. Farm-raised tilapia is one of the most highly consumed fish in America, yet it has very low levels of beneficial omega-3s and very high levels of potentially detrimental omega-6 fatty acids. Omega-6 fatty acids are pro-inflammatory, and inflammation is known to cause damage to blood vessels, the heart, lung and joint tissues, skin and the digestive tract.
Farmed salmon. Avoid farmed salmon (also called Atlantic salmon), which is what you typically find in supermarkets, restaurants and fish markets. While less expensive than wild salmon, farmed salmon has a less favorable ratio of omega-3 to omega-6 fats and may contain residues of antibiotics and other drugs used to treat diseases in fish farming pens. What's more, levels of PCBs and other contaminants in some farmed salmon have been found to be much higher than those found in wild salmon.
great blog ash--thanks for sharing your wisdom!


If you have a flair with hair and would like to develop a creative and successful career in this industry, then we have the course for you. We offer a wide range of professional hairdressing courses for all levels of experience. From general training to specialised techniques in women's hair cutting, colouring and men's barbering, our highly qualified tutors will impart the confidence and inspiration to enable you to operate at the cutting-edge of this fast-paced industry.
Requirements: This course requires a good level of dexterity for application, literacy for communication and willingness to explore new things.
then be put into practice carrying out practical tasks.
Assessment: The course will be assessed through the use of written task, practical tasks and oral questioning. Practical assessments will be completed at Fareham College training salon and in our commercial salon, 'Salon 141', on paying clients.
Progression: This will provide a seamless progression on to our Level 3 qualification in hairdressing.
Considerations: You will be required to purchase a uniform, a hairdressing kit, block and text book to support the completion of your course. More details to be provided at enrolment.
Requirements: This course requires a good level of dexterity for application, literacy for communication and willingness to explore new things. You will need to have completed a Level 2 qualification in hairdressing. There will be an interview and skills test prior to enrolment.
at Fareham College training salon and in our commercial salon, 'Salon 141', on paying clients.
Fees: £3,345 Please note that the fee indicated can only be confirmed once all submitted information is verified by our information, advice and guidance team.
Content: An element of home study will be expected to be able to complete written assignments needed to support an understanding of technical theory, which will then be put into practice carrying out practical tasks.
College training salon and in our commercial salon, 'Salon 141', on paying clients.
Progression: This will provide a seamless progression on to our Level 3 qualification in barbering.
Considerations: You will be required to purchase a uniform, a barbering kit, block and text book to support the completion of your course. More details to be provided at enrolment.
Requirements: This course requires a good level of dexterity for application, literacy for communication and willingness to explore new things. You will need to have completed a Level 2 qualification in barbering, attend an interview and complete a skills test prior to enrolment.
Content: An element of home study will be expected to be able to complete written assignments needed to support an understanding of technical theory which will then be put into practice carrying out practical tasks.
Fees: £2,583 Please note that the fee indicated can only be confirmed once all submitted information is verified by our information, advice and guidance team.


text:
U.K. Disguised Fee Rules May Result in Increased U.K. Taxation of Investment Fees to Individuals Affiliated with Hedge Fund Managers (Part One of Two)
Whilst the U.K. tax treatment of management fees relating to, and performance fees arising from, fund arrangements has been the subject of debate for some time, the recent introduction of new U.K. legislation has brought the issue into sharper focus in the United Kingdom. Accordingly, hedge fund personnel operating within the United Kingdom may be affected by the new legislation and thus subject to increased taxation on fees and compensation earned with respect to their investment management activities. In a guest article, the first in a two-part series, Sidley Austin partner Will Smith discusses the background and enactment of the new legislation known as the "disguised fee rules" and provides a summary of their technical application. The second article in the series will detail exceptions to the application of the disguised fee rules and discuss certain practical consequences which may arise under the new legislation. For additional insight from Smith, see "Potential Impact on US Hedge Fund Managers of the Reform of the UK Tax Regime Relating to Partnerships and Limited Liability Partnerships," Hedge Fund Law Report, Vol. 7, No. 10 (Mar. 13, 2014). For insight from Smith's partner Leonard Ng, see "Sidley Austin, Ivaldi Capital and Advise Technologies Share Lessons for U.K. Hedge Fund Managers from the January 2015 AIFMD Annex IV Filing," Hedge Fund Law Report, Vol. 8, No. 12 (Mar. 27, 2015). For insight from Sidley more generally, see "Sidley Partners Discuss Evolving Hedge Fund Fee Structures, Seed Deal Terms, Single Investor Hedge Funds, Risk Aggregators, Expense Allocations, Co-Investments and Fund Liquidity (Part One of Two)," Hedge Fund Law Report, Vol. 7, No. 36 (Sep. 25, 2014). Read full article …
How to Mitigate Conflicts Arising Out of Simultaneous Management of Hedge Funds and Alternative Mutual Funds Following the Same Strategy (Part Three of Three)
Despite the fiduciary duty that managers have to manage a fund in the best interests of that fund's investors, as well as requirements under the Investment Company Act of 1940 that joint enterprises involving a mutual fund and certain affiliates be fair to the mutual fund, numerous potential conflicts nevertheless arise out of the simultaneous management of hedge funds and alternative mutual funds (or liquid alternative funds). See "SEC and FSA Impose Heavy Fines on Investment Manager for Failing to Address Conflicts of Interest Associated with Side by Side Management of a Registered Fund and a Hedge Fund," Hedge Fund Law Report, Vol. 5, No. 21 (May 24, 2012). Along with those potential conflicts comes the corresponding risk that the manager or hedge fund investors can benefit at the expense of the mutual fund investors. Investment allocation, operational, valuation and other conflicts all arise out of simultaneous management, and managers operating both hedge funds and mutual funds must try to mitigate such conflicts wherever possible. This article, the third in a three-part series, discusses ways to mitigate conflicts arising out of simultaneous management of hedge and alternative mutual funds. The first article provided an overall assessment of conflicts of interest in simultaneous management; outlined the conflicts inherent in allocation of investments between a hedge fund and an alternative mutual fund following the same strategy; and discussed leverage limits, liquidity issues and diversification requirements applicable to alternative mutual funds. The second article detailed additional conflicts arising out of simultaneous management of hedge funds and alternative mutual funds, including operational conflicts, conflicts of fee-related investment decisions, cross trades, soft dollar allocations, valuation concerns, reporting conflicts and marketing conflicts. See also "The First Steps to Take When Joining the Rush to Offer Registered Liquid Alternative Funds," Hedge Fund Law Report, Vol. 7, No. 42 (Nov. 6, 2014). Read full article …
Tax Proposals and Tax Reforms May Affect Rates and Impose Liabilities on Hedge Fund Managers
Hedge fund managers need to be constantly aware of new tax regulations or changes in the tax code that could affect the investments they make, the taxes they pay and any flow-through issues that could impact investors. Under the Economic Growth and Family Fairness Tax Reform Plan (commonly known as the Rubio-Lee plan), taxation of capital income would cease; corporate tax would be based on income earned in the U.S. and interest would no longer be expensed; capital investments would be expensed with no depreciation schedules; and most itemized deductions would end. The 2016 federal budget proposal would increase the capital gains and qualified dividend rate to 28%; the tax on accrued market discounts would be assessed as it accrues; and carried interest would be taxed as ordinary income. Under California State law, Sales Sourcing rules may have an impact on the taxation of hedge fund investments from out-of-state managers. Finally, peer-to-peer lending platforms raise questions regarding proper tax characterization. During a roundtable discussion on March 24, 2015, Pepper Hamilton LLC partners Gregory Nowak and Steven Bortnick discussed the foregoing issues. This article summarizes the key points raised during that roundtable. For a discussion of other proposed tax regulations, see "Tax Practitioners Discuss Taxation of Options and Swaps and Impact of Proposed IRS Regulations," Hedge Fund Law Report, Vol. 8, No. 7 (Feb. 19, 2015). See also "Key Tax Issues Facing Offshore Hedge Funds: FDAPI, ECI, FIRPTA, the Portfolio Interest Exemption and 'Season and Sell' Techniques," Hedge Fund Law Report, Vol. 8, No. 3 (Jan. 22, 2015). Read full article …
ACA Compliance Group Clarifies Misconceptions Commonly Held by Fund Managers with Respect to Cybersecurity
In 2014, the SEC conducted a widely-publicized review of over 100 investment advisers and broker-dealers to learn more about their cybersecurity measures and preparedness. See "Seven Cybersecurity Risks That SEC Examiners Will Look for in Examinations of Hedge Fund Managers," Hedge Fund Law Report, Vol. 7, No. 17 (May 2, 2014). A recent program presented by ACA Compliance Group surveyed the current cybersecurity landscape; offered insights into what advisers and fund managers may expect from regulators going forward; discussed common misperceptions about cybersecurity; and explored goals of cybersecurity and technology risk programs. The program featured Raj Bakhru and Marc Lotti, both partners at ACA Aponix, the cybersecurity and risk arm of ACA Compliance Group. This article summarizes the key takeaways from that program. Read full article …
EMIR Offers Three Models of Asset Segregation to Fund Managers That Trade OTC Derivatives
In August 2012, the European Commission adopted the Regulation on OTC Derivatives, Central Counterparties and Trade Repositories, also known as the European Market Infrastructure Regulation (EMIR). One of its key risk mitigation measures is a central clearing regime for derivatives similar to that adopted in the U.S. under the Dodd-Frank Act. See "Comparing and Contrasting EMIR and Dodd-Frank OTC Derivatives Reforms and Their Impact on Hedge Fund Managers," Hedge Fund Law Report, Vol. 6, No. 36 (Sep. 19, 2013). To protect counterparties in the event of the failure or default of a clearing member or central clearing party, EMIR requires a client's collateral to be segregated, which can be achieved in a number of ways. A recent program explored the three basic models of asset segregation, the risks and costs of each and how an asset manager's own structure may affect the choice of segregation model. The program was hosted by Julia Schieffer, founder of DerivSource Limited, and featured Jaki Walsh, a buy-side consultant at Derivati Consulting Limited. This article summarizes the key points discussed during the program. See also "Interest Rate Swap Compression for Hedge Fund Managers: Mechanics, Fee Savings, Risk Consequences and Regulatory Context," Hedge Fund Law Report, Vol. 8, No. 8 (Feb. 26, 2015). Read full article …
Cross Trades
SEC Summary Judgment Emphasizes the Importance of Disclosure of and Client Consent to Cross Trades and Principal Transactions
A recent decision by the U.S. District Court for the Eastern District of New York granting the SEC's motion for partial summary judgment against an affiliated registered investment adviser and broker-dealer and their principal emphasizes the importance the SEC places on obtaining client consent to cross trades among clients and principal transactions with client accounts in advance of such transactions. For recent resolution of another case brought by the SEC against a manager involving inter-fund transactions, see "SEC Settlement Emphasizes the Importance – and Limits – of Fund and Transaction Disclosure," Hedge Fund Law Report, Vol, 8, No. 13 (Apr. 2, 2015). For more on transactions among hedge funds, see "Katten Forum Identifies Best Practices for Hedge Fund Managers Regarding Best Execution, Soft Dollars, Principal Trades, Agency Cross Trades, Cross Trades and Trade Errors," Hedge Fund Law Report, Vol. 7, No. 10 (Mar. 13, 2014). For more on transactions between hedge fund managers and funds, see "When and How Can Hedge Fund Managers Engage in Transactions with Their Hedge Funds?," Hedge Fund Law Report, Vol. 4, No. 45 (Dec. 15, 2011). This article provides a detailed discussion of the decision, then highlights the implications for the hedge fund industry arising out of the decision. Read full article …
Andrew J. Dunbar Joins Bel Air Investment Advisors as GC and CCO
Wealth management advisory firm Bel Air Investment Advisors recently announced the addition of Andrew J. Dunbar as its general counsel and chief compliance officer. Dunbar will oversee legal, advisory and compliance needs for the firm's operations. Prior to joining Bel Air, Dunbar was a partner at Sidley Austin LLP and previously was an enforcement attorney at the SEC in its Los Angeles Regional Office. For insight from Dunbar, see "2014 Was a Series of 'Firsts' in the SEC's Focus on Investment Advisers and Investment Companies," Hedge Fund Law Report, Vol. 8, No. 4 (Jan. 29, 2015); and "How Can Hedge Fund Managers Understand Recent SEC Developments to Mitigate Enforcement Risk?," Hedge Fund Law Report, Vol. 6, No. 8 (Feb. 21, 2013). Read full article …
Gregory Weston Joins Winston & Strawn in New York
Winston & Strawn LLP recently announced that Gregory Weston has joined the firm as partner in New York. For insight from Winston & Strawn LLP partners, see "Permanent Capital Structures Offer Managers Funding Stability and Access to Capital While Granting Investors Liquidity and Access to Managers," Hedge Fund Law Report, Vol. 8, No. 14 (Apr. 9, 2015). Weston was most recently senior counsel at Pillsbury Winthrop Shaw Pittman. Weston advises emerging managers and other sponsors of private equity, real estate and debt funds regarding fund formation and transactional matters. For more on emerging managers, see "Key Accounting and Legal Hurdles in Starting a Hedge Fund Management Business, and How to Surmount Them," Hedge Fund Law Report, Vol. 7, No. 18 (May 8, 2014); and "How Can Emerging Managers Raise Institutional Capital While Avoiding Regulatory Pitfalls?," Hedge Fund Law Report, Vol. 6, No. 33 (Aug. 22, 2013). He also represents institutional investors in connection with their alternative investments. For more on institutional investors, see "Credit Suisse Hedge Fund Survey Considers Factors in Institutional Investors' Investment and Redemption Decisions, Appetite for Alternative UCITS and Anticipated 2015 Hedge Fund Investments by Strategy and Region," Hedge Fund Law Report, Vol. 8, No. 12 (Mar. 27, 2015); and "Why and How Do Corporate and Government Pension Plans, Endowments and Foundations Invest in Hedge Funds?," Hedge Fund Law Report, Vol. 6, No. 14 (Apr. 4, 2013). Read full article …

redpajama_set_name: RedPajamaCommonCrawl


text:
Gayer Than Batman's Rubber Nipples
You'd be forgiven for thinking that the gay themes in the original Batman movies begin and end with close-ups of nipples and codpieces in Batman & Robin.
You'd be wrong, but I'm forgiving you now.
I decided early on that every time I post a new episode of my podcast, We Are Not Young Anymore, I wouldn't necessarily post it to this blog, but in the past week, WANYA did a back-to-back twofer of Batman movies and why they're pretty damn gay. That wasn't necessarily the goal that Co-host Chris and I had in mind when we decided to talk about them, but that is where the conversation veered. I suppose we should have seen this coming.
First, there's Batman Returns, which opened in theaters on June 19, 1992 — twenty-five years ago this Monday. In this episode of WANYA, Chris and I talk about how Heathers screenwriter Daniel Waters gave Batman Returns the highest snappy comeback-to-dialogue ratio of any of Batman's cinematic outings. The Penguin works as a gay analogue (as well as a Donald Trump analogue, and yes, I'm as surprised as anyone that it could be both), and then in a WANYA first, my roommate Glen makes a cameo in which he explains how Michelle Pfeiffer's transformation in the film works as an extended metaphor for coming out, owning your sexuality and using it to defend yourself.
Tuesday marked the twentieth anniversary of the final film in the original series, Batman & Robin. Now, this is a movie that has been talked about a lot, especially since it changed the direction of comic book movies in general but also because it was released around the dawn of internet nerd culture. People really hated Batman & Robin, and I think that dismissal is largely justified because it's simply not a good film, though I was happy to find that I loved Uma Thurman's performance as Poison Ivy every bit as much as I did when I was a dopey fifteen-year-old who was still figuring stuff out.
However, a lot of the criticism of Batman & Robin smacks of homophobia, particularly when it's being discussed by straight nerds who are angry that Joel Schumacher injected homoeroticism into a universe they saw as a sort of hetero safe space. In this episode, we talk about how Schumacher did not, in fact, pull those gay (and gayish) elements out of thin air, and how Thurman was correct in choosing to play Poison Ivy like a drag queen.
If you've been listening to our podcast so far, thank you very much for giving us your time and tolerating our dumb voices. I feel like seven episodes in, we're getting the hang of this whole process, and I'm excited to burn through the 1992 and 1997 summer blockbuster seasons for the next few months. If you use iTunes to listen to podcasts, you can subscribe to We Are Not Young Anymore there. And if you're really interested in our creative output, please give us a review. It's helpful for us, and it also give you a chance to point out the ways we might be sucking.
In closing, I suppose I should apologize for not giving the infamous Bat-nipples much discussion at all. I guess we felt like more than enough had been said about them at this point, but it occurs to me now that Schumacher's explanation about them being inspired by anatomical studies and classical statues seems disingenuous, because shouldn't have Batgirl have had nipples too?
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By kidicarus222 at 12:10 PM 0 comment(s) Links
Read more: batman, gay, movies, we are not young anymore
David Lynch Explains David Lynch (Sorta)
David Lynch doesn't want me to write this. He didn't say so, exactly, and I have no personal relationship with the guy. But over the years, he's made it clear that he does not want to explain his work — and he'd rather you and I didn't attempt a single, encompassing explanation for it either.
"When something is abstract, the abstraction is hard to put into words, unless you're a poet," he told an audience during a 2007 Q&A that might mark David Lynch at his most self-explanatory. "But these [are] ideas you somehow know, and cinema is a language that can say abstractions. I love stories, but I love stories that hold abstractions. And cinema can say these difficult-to-say-in-words things." Lynch goes on to say that he often doesn't understand the meaning of his ideas, and he didn't even understand the meaning of Eraserhead, perhaps his most abstract work, when he was making it. But it doesn't matter, because he'd rather you found an "inner knowingness" — a sort of idiosyncratic translation of his own idiosyncratic system of symbols.
All that said, I think Lynch lets on more than some people might guess. Perhaps as a result of him opening up his unconscious mind and letting all that mind goop flow out uninhibited, he's revealing more substantial, meaty bits than even he may realize. Now, I'm aware of the arrogance involved in taking an artist's work and claiming to perceive his or her true intent, especially when you haven't asked about it directly, so I'm simply going to leave this here with the following note: "Hey, isn't this a neat way to look at David Lynch's work?"
My thesis is this: In several works, David Lynch would seem to be suggesting a critique on interpretation, and in each of them he does this using the metaphor of a performance or other such viewed entertainment.
Lil the Dancing Girl
My first example of this is a brief scene from Fire Walk With Me, in which regional FBI director Gordon Dole (Lynch himself) greets Agent Desmond (Chris Isaak). Rather than explain the specifics of the case for which Desmond has flown to Oregon to investigate, Lynch introduces Lil (Kimberly Ann Cole), his "mother's sister's girl," who performs a bizarre dance.
Later, Desmond and Agent Stanley (Keifer Sutherland) are driving away, and Stanley asks what was up with Lil. Without hesitation, Desmond explains away each unusual facet of Lil's appearance and dance as meaning something important to the case.
Lil's sour face = problems with local authorities
Lil's blinking eyes = "trouble higher up"
Lil keeping one hand in her pocket = authorities hiding something
Lil's other hand being clenched = authorities would be belligerent
Lil walking in place = legwork
Cole's reference to Lil being his "mother's sister's girl" and placing four fingers over his face = the sheriff's uncle is in federal prison
Lil's dress being tailored = a code for drugs
Lil wearing a blue rose pinned to her dress = "I can't tell you about that" (and indeed, in the new series, we are still left wondering exactly what the blue rose might signify)
Even in the world of Twin Peaks, it seems improbable that Desmond was able to interpret all these things so quickly and clearly. I suppose it's possible that Cole might have instructed him in his own personal language of signs, but I think it's maybe also true that Lynch is having some fun with the viewer, especially the type of viewer who watched and re-watched the original series and attempted to read meaning into every loose end, every abstract detail. In the absurd world of the show, every aspect of Lil's dance does mean something — and, in the end, most of what Desmond deduces from the dance turns out to be correct, it should be noted. And while this moves the plot along, I also think Lynch is perhaps making a joke about the way some people might scrutinize every little detail as opposed to taking in the whole of a given work, more like you'd take in a painting, less like you'd take in a traditional narrative.
No Hay Banda
I feel like Lynch could be making a similar comment with the Club Silencio scene in Mulholland Drive. Whereas Lil's dance comprises only a small part of Fire Walk With Me, the Club Silencio sequence may be the most pivotal in all of Mulholland Drive. And whereas I think the Lil scene is mostly meant as a joke, I think Lynch is talking the idea a bit further and saying, "No, don't do this. Instead, do this."
A quick and dirty recap: Betty (Naomi Watts) and Rita (Laura Elena Harring) attend a late-night show at jazz club where they are repeatedly made to watch performances then are reminded that the thing they think they're seeing is not actually happening. The host (Richard Green, credited as "The Magician") keeps introducing different instruments and then telling the audience that there is no such instrument, no actual band, no orchestra. Betty and everyone else is only hearing a recording, no matter how real it may seem. Eventually the host vanishes, and Rebekeh Del Rio (credited as herself) steps onstage to sing a Spanish version of Roy Orbison's "Crying." Midway through the song, she collapses, yet the song continues. It's implied that she was only lip-syncing.
Again, I've always interpreted this as David Lynch's way of telling the audience not to get hung up on the details. Just as it's absurdist comedy for Agent Desmond to read such specific details into Lil's dance, the Club Silencio sequence discourages you from thinking that the bare components of the performance — the one Betty is watching onstage, the movie you are watching in real life — should be taken at anything more than face value. Betty and Rita don't follow this advice, however; they are both moved to tears by "Llorando," and at one point Betty starts shaking violently, maybe as a result of intense emotion she's feeling. In fact, when they arrive back home after the show, both cease to exist, and the movie enters its bizarre, plot-bending final third.
There's a lot more to consider in this scene. Perhaps most notably is one of the film's final images: the blue-haired woman watching from the opera box speaking the word "silencio" one last time. It's been theorized in various analyses that this could either represent "Quiet in the theater," because you're about to begin the "real" performance of piecing together your own interpretation of Mulholland Drive, or "Quiet on the set," because you're about to begin making the "real" movie of living your life. We don't know, even all these years later. It's worth mentioning, I feel, that the DVD printing of Mulholland Drive includes ten clues to unlock the film's mystery, but I'm not sure they would lead anyone to any singular, concrete understanding. I think Lynch wants us to sit with it, think about it, consider and then re-consider it. This should not be a thing that is quickly processed.
Tracey Has Two Lattes
And then we have the new Twin Peaks. Probably the most talked-about scene from the four episodes occurred in the first episode. It features two characters, Tracey Barbarato (Madeline Zima) and Sam Colby (Benjamin Rosenfield) in New York, in a strange, living room-like setup situated around a mysterious glass box.
By kidicarus222 at 8:04 PM 1 comment(s) Links
Read more: david lynch, tv, twin peaks


text:
ROYAL BLOOD // O2 ACADEMY, NEWCASTLE UPON TYNE
ROYAL BLOOD RETURN TO MUSIC SCENE WITH INTIMATE SOLD OUT SHOW IN NEWCASTLE
ROYAL BLOOD PERFORMING AT NEWCASTLE UPON TYNE'S O2 ACADEMY - 18/05/2017
PICTURE BY: CALUM BUCHAN PHOTOGRAPHY
Royal Blood made an energetic return to music scene. Following the release of brand new single 'Lights Out' and most recently 'Hook, Line & Sinker' which will be on their forthcoming new studio album release 'How Did We Get So Dark?' which out next month. Royal Blood announced 5 special intimate shows including a hometown show in Brighton at tiny venue to promote the new album release. Another shows included Cambridge's Corn Exchange, Newcastle's O2 Academy, Southampton's O2 Guildhall and Leicester's O2 Academy. After all these shows sold out in minutes, The band announced their massive Arena tour leg as part of album tour in UK for Autumn later this year, including massive show at London's Alexandra Palace (Ally Pally).
Upcoming band 'Black Honey', opened up the night, the band based in Brighton. The band have already kicked of their career supporting likes of Catfish & the Bottlemen and Slaves on Tour. Now are supporting Royal Blood on their UK intimate tour. Black Honey have released two singles in past year which were 'Hello Today' and most recent 'Somebody Better'. The band had positive energy from the crowd and crowd were enjoying the music and singing back to the band, like they knew every single lyric. The band have been tipped for breakthrough success and are playing many more shows and festivals across the summer.
There might only be two of them in the band, but like the White Stripes and Black Keys who have been around longer, frontman Mike Kerr and sidekick Ben Thatcher managed to produce a far more expensive sound than you'd think three of the former's voice and bass-playing and drumming would be able to make. Much of the time on stage, Mike Kerr even manages to create an impression that theirs a guitar somewhere which is producing sounds often like Led Zeppelin riffs which already have their trademark sound but doesn't mean Royal Blood couldn't pull it off.
They may have only been on for an hour at Newcastle's O2 Acadmey, but their set-list which managed to go into double figures and didn't run an encore seemed pull off with the rowdy crowd. I don't think any member of sold out capacity crowd went home feeling short-changed. From opening up with their number 'Where Are You Now? To set closer 'Out of the Black', the Brighton based band were given a rapturous welcome and rightly so as they were tremendous.
It wasn't all hard to see why the band have acclaimed so my awards and heaped upon them since their formation in Brighton almost four years ago. The band peformed a handful of songs which included from their forthcoming second album, ' How Did We Get So Dark? ', due out next month, went down every bit as well more familiar material from their self-tilted 2014 debut album, sounding much the same, songs which included their massive hit singles 'Figured Out', 'Little Monster' and 'Ten Tonned Skeleton'.
Newcastle's O2 Academy was one of just four smaller venues that the band are playing ahead of next month's album release, including further shows in Southampton and Leicester, but have also announced a 10-date UK arena tour, including visits to London's Alexandra Palace, Leeds's First Direct Arena and Glasgow's SSE Hydro.
ROYAL BLOOD'S TOUR CONTINUES:
MAY 19 - O2 GUILDHALL - SOUTHAMPTON, UK
MAY 20 - O2 ACADEMY - LEICESTER, UK
MAY 23 - LUXOR - COLOGNE, GERMANY
MAY 24 - PARADISO - AMSTERDAM, NETHERLANDS
MAY 27 - SLANE CASTLE - CO. MEATH, IRELAND
MAY 28 - BBC RADIO 1'S BIG WEEKEND 2017 - HULL, UK
JUNE 02 - PARADISE ROCK CLUB - BOSTON, USA
JUNE 03 - WARSAW - BROOKLYN - NEW YORK, USA
JUNE 04 - THE GOVERNORS BALL MUSIC FESTIVAL 2017 - NEW YORK, USA
JUNE 06 - 9:30 CLUB - WASHINGTON, D.C, USA
JUNE 07 - UNION TRANSFER - PHILADELPHIA, USA
JUNE 09 - ST. ANDREW'S HALL - DETROIT, USA
JUNE 10 - NEWPORT MUSIC HALL - COLUMBUS, USA
JUNE 11 - BONNAROO MUSIC FESTIVAL 2017 - MANCHESTER, USA
JUNE 21 - 25 - GLASTONBURY FESTIVAL 2017 - PILTON, UK
JUNE 22 - EDEN PROJECT SESSIONS 2017 - ST. AUSTELL, UK
JUNE 23 - 25 - SOUTHSIDE FESTIVAL 2017 - TUTTLINGEN, GERMANY
JUNE 25 - HURRICANE FESTIVAL 2017 - SCHEESSEL, GERMANY
JUNE 30 - PLAINE DE LA FILHOLE - MARMANDE, FRANCE
JULY 01 - GAROROCK FESTIVAL 2017 - MARMANDE, FRANCE
JULY 04 - IBIZA ROCKS 2017 - SANT ANTIONI DE PORTMANY, SPAIN
JULY 06 - NOS ALIVE 2017 - LISBON, PORTUGAL
JULY 10 - THEATRES ROMAINS - LYON, FRANCE
JULY 15 - SITE DE KERAMPUILH - CARHAIX PLOUGUER, FRANCE
JULY 20 - METRO THEATRE - SYDNEY, AUSTRALIA,
JULY 21 - NORTH BRYON PARKLANDS - WOOYUNG, AUSTRALIA,
JULY 27 - BURL'S CREEK EVENT - MEDONTE, CANADA
JULY 29 - WAYHOME MUSIC & ARTS 2017 - TORONTO, CANADA
JULY 31 - UPSTATE CONCERT HALL - NEW YORK, USA
AUGUST 01 - TOWN BALLROOM - BUFFALO, USA
AUGUST 02 - GRANT PARK - CHICAGO, USA
AUGUST 08 - COMMODORE BALLROOM - VANCOUVER, CANADA
AUGUST 09 - THE SHOWBOX - SEATTLE, USA
AUGUST 10 - GOLDEN GATE PARK - SAN FRANCISCO, USA
AUGUST 13 - THE OBSERVATORY - SANTA ANA, USA
AUGUST 15 - OBSERVATORY - SAN DIEGO, USA
AUGUST 16 - THE WILTERN - LOS ANGELES, USA
OCTOBER 10 - AFAS LIVE - AMSTERDAM, NETHERLANDS
NOVEMBER 03 - HALLE 622 - ZURICH, SWITZERLAND
NOVEMBER 09 - ZENITH - PARIS, FRANCE
NOVEMBER 10 - AFAS LIVE - AMSTERDAM, NETHERLANDS
NOVEMBER 11 - LOTTO ARENA - ANTWERPEN, BELGIUM
NOVEMBER 13 - MOTORPOINT ARENA - CARDIFF, UK
NOVEMBER 14 - RIVERMEAD - READING, UK
NOVEMBER 17 - FIRST DIRECT ARENA - LEEDS, UK
NOVEMBER 18 - BARCLAYCARD ARENA - BIRMINGHAM, UK
NOVEMBER 20 - ALEXANDRA PALACE - LONDON, UK
NOVEMBER 24 - THE SSE HYDRO - GLASGOW, UK
NOVEMBER 25 - MOTORPOINT ARENA - NOTTINGHAM, UK
NOVEMBER 26 - THE 3 ARENA - DUBLIN, IRELAND
NOVEMBER 28 - BOURNEMOUTH INTERNATIONAL CENTRE, BOURNEMOUTH, UK
NOVEMBER 29 - BRIGHTON CENTRE - BRIGHTON, UK
REVIEW + PHOTOS BY: CALUM BUCHAN PHOTOGRAPHY
TWIN ATLANTIC // IRONWORKS, INVERNESS
PRIDES // THE LEMON TREE, ABERDEEN


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7 injured, 1 critically, after shooting at north-end Toronto nightclub
Due to the sensitive and/or legal subject matter of some of the content on globalnews.ca, we reserve the ability to disable comments from time to time.
Please see our Commenting Policy for more.
By Nick Westoll	Global News
Posted August 5, 2019 9:42 am
Updated August 5, 2019 5:57 pm
3:04 No arrests after several shot at Toronto nightclub
WATCH ABOVE: Toronto police say seven people were shot at District 45 nightclub in the city's north end early Monday. One of the victims was in life-threatening condition. Priya Sam reports – Aug 5, 2019
Officials say a person is in life-threatening condition and six others have been injured after a shooting at a nightclub in Toronto's north end early Monday.
Toronto police said emergency crews were called to District 45 on Finch Avenue West, just east of Keele Street, after 2 a.m.
"We received several phone calls from patrons inside [the nightclub] for the sound of gunshots," Duty Insp. Stacy Davis told reporters Monday morning.
"We have located a scene at the back of the club. There are shell casings that have been located. We're appealing to the public and witnesses inside the club to come forward to police with any information."
READ MORE: Toronto police chief pledges more resources after 17 people shot over Civic Holiday long weekend
A Toronto Paramedics confirmed three people were taken to hospital by the service with injuries.
Police initially told Global News a fourth victim made their own way to hospital. However, a spokesperson later said four people brought themselves to hospital.
Davis said there are reports of an altercation inside the club, but officers haven't released suspect information.
"The patrons were filing out of the club. There were lots of people in distress — emotionally in distress. The officers were quickly able … to determine the fact that the suspects had fled," she said.
READ MORE: St. Michael's Hospital's trauma team shows why seconds count for Toronto's victims of violence
Chief Mark Saunders addressed the shooting during a news conference Monday afternoon. He said the shooting is "very solvable" based on the high number of witnesses present, encouraging attendees to come forward.
"I find it disturbing when you've got over 100 people and someone would be brazen enough to pull out a gun and start shooting," he said.
Osarodion Enehikhare, the owner of the nightclub, said he and around 250 people were at the establishment at the time of the shooting.
"I'm angry. I'm not happy about it. We planned for the night. We had over 40 security guards," he said.
The incident at nightclub comes amid several other shootings and firearm discharges over the long weekend. Six people were injured in other shootings.
Anyone with information about the shooting at District 45 is asked to call police at 416-808-3100 or Crime Stoppers anonymously at 416-222-8477.
Crime tagToronto Police tagToronto crime tagToronto shooting tagToronto gun violence tagToronto Paramedics tagToronto shootings tagDistrict 45 shooting tagToronto nightclub shooting tagDistrict 45 tagDistrict 45 Inc. tagDistrict 45 shooting Toronto tagDistrict 45 Toronto tag


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Watch 'Jeopardy!'s Final Tribute to Alex Trebek
But be ready to cry.
Watch: 'Jeopardy' Honors Alex Trebek With Touching Video Tribute
Late host honored during the airing of his final episode.
Alex Trebek's Final 'Jeopardy!' Airs Tonight
A new guest host has also been chosen.
Remembering Alex: 15 Times IA Was Part of a Question on Jeopardy!
Alex's final episodes are airing this week.
Johnny Marks
'Jeopardy!' Names Ken Jennings First Interim Host
The 'Jeopardy!' record holder will be the first guest host as a long-term replacement is found.
Ken Jennings Selected as Interim Host of 'Jeopardy'
I love Ken Jennings.
Dwyer & Michaels
Alex Trebek Swears, Goofs Off in Funny 'Jeopardy!' Promo Outtakes
There will never be another like the man, the myth, the legend: Alex Trebek.
What Alex Trebek Really Thought of 'SNL's Celebrity Jeopardy!
Sean Connery strikes again.
Watch 'Jeopardy!'s Tribute to Alex Trebek
"He loved this show and everything it stood for."
Alex Trebek's Final 'Jeopardy!' Episodes to Air Through Christmas
The late game show host's final filming day was October 29.


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El tororoí de Alta Floresta (Hylopezus whittakeri), también denominado torom-de-Alta-Floresta (en Brasil) es una especie de ave paseriforme perteneciente al género Hylopezus que integra la familia Grallariidae. Es endémico de Brasil.

Distribución y hábitat
Habita una región restricta al interfluvio entre los ríos Madeira y Xingú en el centro sur de la Amazonia brasileña.

Sistemática

Descripción original
La especie H. whittakeri fue descubierta y descrita por los ornitólogos brasileños Lincoln Silva Carneiro, Luiz Pedreira Gonzaga, Péricles S. Rêgo, Iracilda Sampaio, Horacio Schneider y Alexandre Aleixo en 2012 bajo el mismo nombre científico. Recibe el nombre en homenaje al ornitólogo Andrew Whittaker.

Taxonomía
Integra el complejo Hylopezus macularius, junto a este e Hylopezus paraensis. Es monotípica.

La nueva especie descrita fue reconocida en la aprobación de la Propuesta N° 622 al South American Classification Committee (SACC) en mayo de 2014 y ya listada por las clasificaciones del propio SACC, por el Congreso Ornitológico Internacional (IOC) (Versión 6.3, 2016), por Clements Checklist v.2015 y por el Comité Brasileño de Registros Ornitológicos (CBRO, 2015).

Referencias

Enlaces externos

 Fotos y sonidos de Hylopezus whittakeri en Wikiaves.

whittakeri
Aves endémicas de Brasil
Animales descritos en 2012
Taxones descritos por Luiz Pedreira Gonzaga

redpajama_set_name: RedPajamaWikipedia


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Into the Issues
AP lets non-member weeklies republish its investigative story about 2020 election fraud
Posted Friday, January 7, 2022 8:45 am
Almost a year ago, this column urged community newspapers to tell their readers the truth about the 2020 presidential election — that it was fairly held — to debunk the falsehoods believed by millions.
The truth has prevailed among most Americans, but not among most Republicans, and that's a real problem for democracy – and for journalism, which is supposed to serve it.
A poll for the nonpartisan Center for Election Innovation and Research in October found that almost two-thirds of Republicans and Donald Trump voters thought votes in the election were not counted accurately. Worse yet, more than half said they didn't think the counts in this year's midterm elections would be accurate.
Another poll taken about the same time by Marist College asked, "How much do you trust that elections are fair?" Sixty percent of U.S. adults (and 60% of independents) said "a great deal" or "a good amount," but the partisan divide was stark: 86% of Democrats trusted elections; 64% of Republicans said "Not very much" (36%) or "Not at all" (28%).
If tens of millions of Americans have lost faith in the democratic process, they must also be losing faith in democracy. This appears to be caused mainly by the lies and other falsehoods about the 2020 election.
In stories that mention those falsehoods, most major news media dutifully repeat the fact that there was no election fraud significant enough to change the outcome. But most of the folks who believe those falsehoods don't believe most major news media.
There's a lot more trust in community news media, especially community newspapers. But most community papers are not inclined to wade into national issues, and Trump and the 2020 election have become so controversial and divisive that some community papers have even stopped carrying letters to the editor about topics beyond their localities, much less writing stories, columns or editorials.
So, we should stop telling certain truths because certain people don't want to hear them?
No, and certainly not in this case. We cannot sit by and allow faith in democracy to be undermined; that is the beginning of the end of American journalism as we know it.
How do we tell the truth? By putting in the news columns the most reliable and authoritative reports about the election, and amplifying them with editorials or columns.
The most reliable, authoritative and trusted news organization in the world is The Associated Press. In December, after months of investigation in the six states that were most closely decided in the 2020 election, AP published a story saying there were far too few cases of vote fraud in those states to make a difference in the election. Here's the lede:
"An Associated Press review of every potential case of voter fraud in the six battleground states disputed by former President Donald Trump has found fewer than 475 — a number that would have made no difference in the 2020 presidential election.
"Democrat Joe Biden won Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin and their 79 Electoral College votes by a combined 311,257 votes out of 25.5 million ballots cast for president. The disputed ballots represent just 0.15% of his victory margin in those states."
The story also said, "The review also showed no collusion intended to rig the voting. Virtually every case was based on an individual acting alone to cast additional ballots."
This 454-word story probably didn't get much play among AP members, since it merely confirmed facts that major news media had been reporting for almost a year. But what about news media that aren't AP members?
Those news media are perhaps my largest area of service as director of the Institute for Rural Journalism and Community Issues, so I asked for and received AP's permission to republish the story on The Rural Blog.
That seemed fairly easy, but I had another request: Allow weekly newspapers that don't subscribe to AP to republish the story, and a sidebar story giving details on the investigation in each state.
Adam Yeomans, AP's regional director for the South, took the request to his superiors, and it was approved. AP had its own requests, including that The Rural Blog include links to both stories, and that weeklies posting them also include the links (except in electronic versions of their print editions).
The AP executives also asked that we have a call this month "what if any impact you found from the weeklies getting access to a report like this." I want to be able to report that hundreds of weekly newspapers used the story.
But what about the impact?
A little over a year ago, in a column about pandemic misinformation, I wrote, "Changing strongly held beliefs is not a job for newspapers. But not all beliefs are strongly held, and a lot of people aren't sure what to believe – partly because social media dominate the debate and amplify the extremes." So, there are readers who will pay attention to the story, and perhaps think differently about what happened in November 2020.
And if they do, will it make much difference in Americans' warped public opinion about the election? Maybe not, but that doesn't mean we shouldn't try. Especially because that warped opinion undermines citizens' faith in the democratic process, of which journalism is an essential part. We have to stand up for democracy, and for the truth.
Al Cross edited and managed rural newspapers before covering politics for the Louisville Courier-Journal and serving as president of the Society of Professional Journalists. He is extension journalism professor at the University of Kentucky and director of its Institute for Rural Journalism and Community Issues, which publishes The Rural Blog at http://irjci.blogspot.com.


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Hpakant Locals Call Annual Uru Stream Flooding a 'Man-Made Disaster'
Uru Hka Stream in Hpakant jade mining township, Kachin State, northern Burma.
To ensure that flood damage is minimized this year in Hpakant, Kachin State, locals have demanded that the government enforce existing regulations around the annual cleaning of sediment from the Uru stream.
A government-sponsored cleaning committee is in charge of the initiative this year, but for the last five years, companies involved have been accused of adding soil back into the Uru stream—known as Uru Hka in Jinghpaw—causing flooding in Hpakant every year.
"We want the committee to clean the Uru Hka by following international standards. We want the government to demand it [be carried out this way]," Ja Naw, who lives near the stream in Maw-one Ward-5 in Hpakant, told KNG. "Companies used to say that the flooding was a natural disaster. I think it's a man-made disaster. Regulations do not allow companies to put soil [closer than] 500 feet from the Uru stream. I have seen that companies do not follow the regulations. I think the government's officials need to be systematic and strict with it."
According to locals, more than 100 houses in Lon Khin, Maw-one, Nyet-pyaw-taw and Aye Mya Thaya wards have to cope with flooding every year as a result of the activities around the Uru stream.
Gawat Htawng Yang, who lives in Nyet-pyaw-taw ward, has suffered as a result.
"It's inconsistent flooding. For instance, the floods were four feet high last year, but the flooding is five feet high this year," Gawat Htawng Yang told KNG. "Whenever there is flooding, we have to move our house up. As a result, the strength capacity of our house has gotten lower. For poor people, they cannot move their houses up every year. Government and companies don't come to see us when there is flooding. If our house is completely flooded and we want to fix it, we have to seek permission from the municipal department. We can fix our house after we receive permission from them," she explained.
Private companies typically cleaned the Uru stream in the past, but under the direction of the Union government, the Kachin State government is managing the cleaning this year.
"Companies group used to clean the Uru steam in the past. Many people saw that it wasn't effective, because they took mud out from the stream and put it on the riverbank. It goes back into the stream when the rain comes," Dashi La Seng, Kachin State minister of natural resources and the environment, told KNG. "That's why we are taking lessons from previous years and we are planning to clean the Uru stream [ourselves] this year. We will put the mud a little bit far from the stream. We will work on it systematically," he added.
The process, which operates under the Hpakant Area Rehabilitation Program, will begin from Nam Maw, Pauwa and the Lon Khin area.
There are five working groups focused on the stream cleaning project. Officials from the General Administration Department, municipal committee, environmental preservation groups, the Jade Businessman Association, the rural development department, township police, parliamentarians, and local civil society groups will cooperate with the committee.
Tags: flooding Hpakant Kachin Uru stream
KSPP Not Buying Into NLD's New Ethnic Affairs Committee
Burma Army Attacks Kokang Base on Day of Chinese President's Visit


The operation involves the removal of excess lip tissue. The technique used depends on the anatomy of the lip and desired degree of correction. London Independent Plastic Surgery in Harley Street.
Not all of us may want larger, fuller lips. Many people believe that their lips are too big, and want them reduced. Many younger patients are often plagued by insecurities brought on by having larger than average lips and are sometimes teased by their classmates.
However, one should wait until the mid to late teens before considering surgery due to maturing of the facial features.
The operation involves the removal of excess lip tissue. The technique used depends on the anatomy of the lip and desired degree of correction. The incisions are usually inside the lips, but sometimes need to be placed at the border of the lip for the best result.
The procedure can be performed under local or general anaesthesia, usually as a daycase.
Complications are RARE, but you should be aware of them so that you can make an informed decision. Every operation carries with it the risk of bleeding, infection and delayed healing, all of which may require urgent or early reoperation.
In addition, there are risks specific to this operation. Numbness is possible, it usually subsides within the first few weeks but very rarely it may become a permanent issue.
Excess scar tissue and lumps are possible as well, but are usually rare. There is a possibility of asymmetry. Any asymmetry can be corrected easily so this should not worry you extensively but should be considered.
Following surgery, you may find your lips swollen, bruised and uncomfortable. The pain is usually mild and oral painkillers, prescribed following your surgery, will control any discomfort you have. The recovery period may last between 1 to 2 weeks.
However, if there are any problems or concerns, you will be seen more frequently than this, or as often as you wish. In the longer term, you are welcome to see Mr Ng for a check up at any time.


text:
LINCOLN FINANCIAL FIELD
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Booker Blog: Behind The Scenes
Brian Westbrook told me after the game that I looked so much better than I had earlier in the season. He said "You're a lot more patient." I understand the blocking schemes a lot better, so I feel like I gained a lot being able to go out there and play on Thursday night.
Donovan McNabb was hungrier than I had seen up to this point. To me, that's saying a lot because the guy comes to work every day. He comes to work ready to go every day. For him to be even hungrier, it was a little bit surprising to me. I don't think it was so much because he got benched. I think it was because he knew our backs were against the wall. And the fact of the matter is he's the driver. We're all passengers. He did exactly what Andy said he needed to do. He stepped his game up. Andy and the other coaches stepped their game up and obviously we're following him, so we had no other choice.
Everybody was clicking on Thursday. I really feel like that's the first time all season that all three phases of the game played well on the same day.
People don't understand what Brian Westbrook goes through during the week. He's like what Steve McNair used to be; no practice and then come out and give you everything he's got. Of course, everybody in the stands is saying "What a wonderful performance." But it means so much to us because we see everything he has to go through just to be able to suit up.
We know what we're capable of as an offense. Again, it's a lack of execution and a lack of focus. We're lucky to be able to say that we can only beat ourselves. If we come ready to play like we practice every week, it's going to be tough for anybody to beat us. But that's the difficult thing about the NFL. There are 16 games and you have to stay focused for each one of them regardless of the record of the opponent. I think that's probably the biggest thing we've learned up until this point. We have to take everything more serious, whether it's a 30-minute meeting or a two-hour practice, everything needs to be taken serious so we can come out and play like we did the other night.
Spadaro: Miles Sanders leads a productive quartet at running back
Each of the four backs on the roster has shined at some point during this record-breaking season.
Super Bowl LVII Injury Report: Eagles vs. Chiefs
Super Bowl LVII preparation is underway!
Who is Donna Kelce cheering for on Super Bowl Sunday?
Jason and Travis' mother described what it will be like to have the first children to square off in the championship game.
How will Nick Sirianni handle the Super Bowl bye week?
The head coach discussed that and several other topics in his first press conference since learning that his former team would be the opponent.
Spadaro: Defense returns to its ballhawking mentality
The returns of C.J. Gardner-Johnson and Avonte Maddox made the takeaway machine whole once again.
Spadaro: The play that encapsulates a season
The opening drive 29-yard pass to DeVonta Smith was more than a fourth-down conversion.
Spadaro: Lane Johnson epitomizes the Eagles' toughness, physicality
The All-Pro tackle didn't allow a quarterback sack or hit on Sunday against one of the league's best defensive lines.
Morning Roundup: It's Eagles vs. Chiefs in Super Bowl LVII
Feast on a full recap of everything from Sunday's NFC Championship victory.
Bring on the Chiefs!
The Philadelphia Eagles will meet the Kansas City Chiefs in Super Bowl LVII on Sunday, February 12th at 6:30 PM.
Nick Sirianni, Jalen Hurts rise to the occasion and are Super Bowl bound
The head coach's message all year has been that the most important game is the next one. Now, the next one is Super Bowl LVII.
Haason Reddick sets physical tone for Eagles defense in NFC Championship triumph
The All-Pro edge rusher for all intents and purpose knocked Brock Purdy out of the game and was involved in two takeaways.
On Location and the Eagles announce the sale of Official Super Bowl LVII Fan Packages
Eagles fans can join their team in Glendale, Arizona by purchasing verified ticket and experience packages.
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Presty the DJ for March 4
The Grammy Awards premiered today in 1959. The Record of the Year came from a TV series:
Today in 1966, John Lennon demonstrated the ability to get publicity, if not positive publicity, when the London Evening Standard printed a story in which Lennon said:
Christianity will go. It will vanish and shrink. I needn't argue with that; I'm right and I will be proved right. We're more popular than Jesus now; I don't know which will go first — rock and roll or Christianity. Jesus was all right, but his disciples were thick and ordinary. It's them twisting it that ruins it for me.
Lennon's comment prompted Bible Belt protests, including burning Beatles records. Of course, as the band pointed out, to burn Beatles records requires purchasing them first.
The number one single today in 1967:
Today in 1973, Pink Floyd began its 19-date North American tour at the Dane County Coliseum in Madison.
Today in 1994, Kurt Cobain of Nirvana was hospitalized in Rome after overdosing on Rohypnol and champagne.
Today in 2003, a woman in Porth, Wales, was fined £1,000, had her stereo system impounded and was banned from playing loud music after playing too loudly the music of Cliff Richard.
Birthdays begin with one-hit-wonder Paul Mauriat:
Eric Allandale of the Foundations:
Bobby Womack:
Chris Squire played bass for Yes:
Emilio Estefan of the Miami Sound Machine:
Chris Rea:
Boon Gould of Level 42:
Jason Newsted played bass for Metallica:
Actress Patsy Kensit was married to Jim Kerr of Simple Minds and Liam Gallagher of Oasis:
Feargal Lawlor played drums for the Cranberries:
Two deaths of note today: Richard Manuel of The Band in 1986 …
… and Glenn Hughes, the first biker on the Village People, in 2001:
A scoop about Scoop