text:
Preview of coming attractions? BSA, marriage, Temples
By nuclearfuels
April 30, 2018 in General Discussions
Scott Lloyd
19 minutes ago, smac97 said:
Yep. Interesting, though, that this generalized belief is at odds with formal doctrines of most Christian groups ("Until death do you part" and all that). Also consider Matthew 22:
It seems that "Marriage isn't forever" is a pretty common - perhaps even standard - doctrine outside of Mormonism.
But see here:
Interesting stuff.
Well, there are some scriptures that can be construed as indicating that marriages do not last into the eternities.
From and LDS perspective, we have D&C 132:7:
It's a matter of faith.
I tend to think of it this way: God has given His children a way to preserve their relationships with their loved ones. Whether they choose to accept that way, and live in accordance with it, is up to them.
I think the doctrines of the LDS Church account for this. Dad can be sealed to "that nice lady." And if he keeps honors his covenants, then he has a marriage "entered into and sealed by the Holy Spirit of promise ... for time and all eternity."
There are some similarities, yes.
But there are also some very significant differences.
Unless, of course, the Mormons have it right. If so, then a "mechanism" is needed.
I was interested in this quote in particular:
So, I think it's safe to say you will see your wife again. Your question, however, is more specific: will your marriage continue in heaven?
Most Protestant commentators since the Reformation have not been comfortable going that far. However, there is an earlier strand of interpretation, from the first centuries of the church, that some find intriguing. It suggests that there is a special meaning to the marriage bond that continues in heaven, though we can't know what it will be like. It is based on Paul's description of marriage in Ephesians 5:21-33, which concludes: "This mystery is a profound one, and I am saying that it refers to Christ and the church."
Scriptures like the Ephesians passage, and Jesus' well-known teaching that "the two will become one flesh" (Mark 10:8), suggest that the marriage bond has a spiritual meaning different from that of most earthly relationships. If so, God may preserve that mysterious quality in heaven just as he seeks to do on earth. But we'll have to wait and see what form this relationship will take in eternity.
Interesting that there would be "an earlier strand of interpretation from the first centuries of the church" that more closely coincides with the latter-day restoration of the gospel on this point.
Sometimes, as a pastime, I read from The Ante-Nicene Fathers. I am very comfortable with their teachings, as though they were typical of The Church of Jesus Christ of Latter-day Saints. My point is that the closer you get to the origins of Christianity, the more closely you find teachings that conform to the Restoration.
9 hours ago, The Nehor said:
Any children born in the first year would be born out of the covenant. Not ideal.
Hormone driven marriages are not a new phenomenon.
Also the possibility that the first year will be looked at as a trial period as a civil divorce is usually not seen as dramatic as a temple cancellation.
nuclearfuels
Interests:I've been called "Nehor's Nemesis," "nemesis of Nemesis," and I have a "disgusting and dangerous mindset." -pogi
SORRY - FOrgot to ask in my original post -
When will couples be able to serve missions with thier kids in tow? They'd have to be financially able to do so but other than that; why not?
The Nehor
1 hour ago, nuclearfuels said:
It is hard to have a companionship out doing the work when at least one of the parents has to be watching the kids.
Might be able to do something with newlyweds and then auto-release them if she gets pregnant but I don't think mission presidents want to do that much marriage counseling. They do enough already with the senior couples.
3 hours ago, nuclearfuels said:
Mission presidents and their wives do it, it is a three year commitment. It can be hard of the kids in terms of education and friends though. If I had outgoing and adventuresome kids like my brother who has lived in Singapore and Australia and who takes them all over, I would find it a great learning experience. My kids...well my five year old daughter hated the six months we lived in Russia, refused to ever speak to anyone speaking to her in Russian and most in English too (very shy, once she was home she spouted Russian phrases to her friends to show off though) and moving to Utah leaving her friends she had all her life (all 13 years) was the last straw that broke her sociality back.
I don't think mission presidents want to do that much marriage counseling. They do enough already with the senior couples.
Hmm...never considered that. What kind of problems pop up? Do you know? Just the usual ones or are there unique ones for missions?
Location:an isle of the sea
13 hours ago, e-eye said:
... most couples just struggle to stay worthy during the engagement ...
<sigh.>
1 hour ago, Calm said:
What kind of problems pop up? Do you know? Just the usual ones or are there unique ones for missions?
We had a senior couple in my mission — serving their third — who'd been asked by the Church to prepare some guides for senior couples. This couple said many senior missionaries struggle, after a lifetime of mostly working apart, to work together 24 hours per day. I was surprised, but for some it makes sense.
Edited May 2, 2018 by Hamba Tuhan
Amulek
10 hours ago, nuclearfuels said:
When will couples be able to serve missions with thier kids in tow? They'd have to be financially able to do so but other than that; why not?
My wife and I are friends with a couple, and her father served as a mission president when she was a kid. I can't remember how many of her siblings were still living at home during the mission, but I know it was more than just her. This would have been twenty or so years ago. I'm not sure how common it is now though.
On 4/30/2018 at 2:13 PM, nuclearfuels said:
Several years ago, maybe 10+ years, there was talk about mini-Temples being created in levels other the main entry level of stake centers; wondering if this idea might come back? Really I'm just looking for an excuse to goto Ireland and a Temple openhouse seems to be that opportunity; slainte!
You never know. I remember my father telling me that the church had considered plans (this would have been more than 30 - 40 years ago now) for 'single ordinance' temples (e.g., baptisms for the dead). I don't remember who his source was, unfortunately, but I believe it was a General Authority.
HappyJackWagon
I've gotta think the relationship with BSA is going to continue to change until the church is all out. The church moves slowly, but I'm confident it will happen. Much more confident than the other "coming attraction" changes that have been mentioned.
Interestingly, the BSA recently announced they will be dropping the word "Boys" from BSA as more girls continue to join the ranks.
https://www.npr.org/sections/thetwo-way/2018/05/02/607678097/boy-scouts-changing-name-to-scouts-bsa-as-girls-welcomed-into-program
bsjkki
10 minutes ago, HappyJackWagon said:
At this point, I wish the leadership would just end scouts at church. This halfway in scouts and halfway out is not working. Nobody cares anymore and it is so frustrating to try and give the boys a quality program to what purpose...few Mormon boys are going to continue in scouts once they turn 14. Most adults think it's all going to be abandoned at any moment.
Here is another story on the name change.
https://apnews.com/d3efeda8ffb74b79b367fce426780d6f/With-girls-joining-the-ranks,-Boy-Scouts-plan-a-name-change
Edited May 2, 2018 by bsjkki
Just marriage problems. Many senior couples were living separate lives to a degree. One was at home and one working all day. Suddenly they are together all day. Not all couples but enough that it could be a problem. I remember one awkward moment when a senior couple giving a presentation to a bunch of younger missionaries basically got into an argument over how to helpwith a reactivation they were were working on and it got pretty heated.
They do but it is different than serving. The Mission President's wife is heavily involved in the Mission but it is not a 24/7 thing like the full-time missionaries so there is time to take care of the kids (though not a surplus....I have nothing but sympathy for the constraints they deal with). A couple called to proselyte would either need to have one work while the other stayed with the kids or they would need a full-time nanny.
On 4/30/2018 at 3:32 PM, rockpond said:
I don't think we'll end our BSA involvement within two years. I think the Brethren will continue the "phase-out" by ceasing to enroll 8 year old boys in cubs.
I love the idea of creating endowment and sealing rooms in stake centers but I don't see anything that suggests we'll go in that direction. Seems like we tried smaller temples but then went back to the big, glamorous edifices.
Polygamy isn't coming back. We'll continue to practice eternal polygamy but avoid discussing it. And we're still decades away from when I foresee gay marriage being accepted within the Church.
If i was to bet my retirement account, I would put all of it on polygamy coming back long before SSM being accepted in the church in terms of it being morally correct. At least polygamy has scriptural and historical backing.
The end of LDS church involvement of the scouts would be awesome. No more callings that take way too much time out of the member schedule.
MormonMason
... when you attend the Temple, don't the Sisters outnumber the Brothers by a factor of 3 to 1, on average?
My wife already has given her consent. It won't happen unless we get a call from the First Presidency or I outlive her but she already consented some years ago. Could happen in our lifetime or it won't. No issues either way.
e-eye
On 5/2/2018 at 12:15 AM, Hamba Tuhan said:
Being attracted to your future spouse is a good thing. The temptation is part of the plan of why we are here. The influence of the world on the sacredness of intimacy is the real problem. The desire to righteously procreate is from God and a righteous desire.
On 5/2/2018 at 10:52 AM, bsjkki said:
On 5/2/2018 at 7:05 PM, carbon dioxide said:
On 5/2/2018 at 10:42 AM, HappyJackWagon said:
Is it wrong for me to laugh at their plummeting enrollment and donations?
"That which is falling deserves to be pushed."
-Nietzsche
How would that get rid of bishops?
Sounds smart. I should follow everything this guy has said. What could possibly go wrong?
11 hours ago, The Nehor said:
Or you could contribute to the BSA outside of the LDS Church
Nothing wrong with that.
Maybe they'd like to learn more about your NCMO merit badge?
How can I get tickets to the May 7, 2023 dedication of the Richmond VA Temple?
By nuclearfuels, January 5
Kenya and Germany on Polygamy 1 2 3
By nuclearfuels, June 24, 2019
legalizepolygamy
POLL: Choose your own misadventure. What would you do? (Caution: includes sarcasm)
By nuclearfuels, September 17, 2018
sabotogue
Robert F. Smith
How many times can you be sealed in temple
By MeeMee, April 11, 2018
temple sealings
A Return to the Future?
By Bernard Gui, April 2, 2018
m-men/gleaners


text:
L'église de la Madeleine est une église catholique située rue de la Madeleine (Troyes), en France.

Localisation

L'église est située à l'angle de la rue Charles-de-Gaulle et la rue Madeleine, sur le territoire de la commune de Troyes dans le département français de l'Aube.

Historique
Cette église, la plus ancienne de la ville, est d'architecture gothique et a été bâtie au  pour la nef, reconstruite au  pour le chœur et l'abside et  pour la tour.

L'église est classée au titre des monuments historiques par la liste de 1840 alors que la porte de l'ancien cimetière est inscrite en 1926.

Verrières

En la chapelle Saint Louis, au nord, qui fut fondée par Simon Liboron, maire de Troyes en 1496, une vie du saint.
En la chapelle centrale du chevet qui fut chapelle de la Vierge et chapelle des orfèvres, une vie de Eloi, un arbre de Jessé et l'ancien testament. En la chapelle sud, chapelle Notre-Dame, une Passion donnée par Nicolas le Muet, mort en 1484 et sa femme Catherine Boucherat. Une histoire de Madeleine donnée par les chaussetiers de Troyes en 1506. Une autre le triomphe de la Croix  ayant le blason de la famille Tartier.

Décoration
On trouve dans cette église nombre d'objets classés et remarquables comme les trente-six bancs de fidèles qui sont du  ou les deux fonts baptismaux, l'un polyédral de marbre noir et brun veiné de blanc et un autre de marbre noir ayant une inscription latine : SPIRITUS DOMINI / FEREBATUR / SUPER AQUAS / Gens.

Chœur
Il est richement décoré par un ensemble de lambris de chêne qui sont de la fin  ou du début du  dorés et décorés, le troisième pilier nord a une guirlande et trophée avec instruments de la Passion et les attributs de saint Pierre.

Un maître autel décoré de trois marbres : marbre blanc veiné de gris, noir veiné de blanc et brun rouge veiné de blanc de la même époque que les lambris. Meublé d'un ensemble formé d'un fauteuil célébrant et de quatre tabourets d'époque Louis XVI.

Statues

Une statue de saint Michel terrassant le dragon, un saint Étienne en bois, une statue de saint Sébastien de Marc Bachot et, entre autres, une de sainte Marthe, par le Maître de Chaource du  et une sculpture de bois polychrome de Robert de Molesme.

Peintures
Une peinture monumentale dans la première chapelle nord qui date du  mais est très endommagée.

Parmi toutes les peintures :
de Jean Nicot :
un groupe de sept peintures  représentant la vie de Madeleine (peintures datant du ),
une Sainte famille,
de Ninet de Lestin,
un saint Augustin
Augustin offrant son cœur.
Pierre pleurant son reniement, du  (anonyme).

Jubé

C'est l'une des très rares églises ayant conservé son jubé de pierre qui est une œuvre emblématique du gothique flamboyant tant par son exubérance décorative que par la hardiesse de sa conception. Il est principalement réalisé en pierre de Tonnerre (calcaire oolithique à grain fin) par le maître-maçon Jean Gailde de 1508 à 1517 (lequel s'est fait enterrer sous le jubé en 1519). Les panneaux de la tribune sont ornés de feuillages et de choux frisés. Les trois petites scènes en haut relief encadrées dans des quadrilobes sur la tribune côté nef sont l'œuvre du maçon Nicolas Halins, dit le Flamand (1513) représentent le Christ prêchant, entre deux femmes et deux hommes faisant auditoire. Seule une prouesse stéréotomique et une armature intérieure expliquent l'arc suspendu au-dessus du chœur, découpé, en une seule volée, de trois arcades séparées par des clefs pendantes, celles des extrémités bloquées par de grosses masses sculptées où l'on peut lire les monogrammes IHS et AM (Ave Maria) et reconnaître des blasons chargés des instruments de la Passion. Les blasons sur la face côté chœur (trois écus, celui du centre portant les initiales S M de sainte Madeleine, les deux autres les armes de France surmontées d'une couronne) sont sculptés par Simon Mauroy en 1515-1516. Au-dessus de la corniche de feuillages flamboyants se développe la balustrade à mouchettes et fleurs de lys couronnées, terminée par une main courante qu'agrémentent encore des tiges à feuilles épineuses.

Le monument a eu la ferveur populaire, car en plus des quêtes pour le financement de son élévation, les paroissiens ont donné la main pour la pose des pierres.

Galerie de photographies

Orgue

Un orgue, œuvre de Charles et Frédéric Rollin de 1901 dont la partie instrumentale est inscrite.

Composition des jeux:

Notes et références

Voir aussi

Bibliographie
 Bernard Ducouret, Marion Boudon-Machuel, Danielle Minois, Philippe Riffaud-Longuespé, Les églises de Troyes. Cathédrale, collégiales et églises paroissiales, Lieux Dits, 2013, 184 p.

Articles connexes
 Liste des monuments historiques de 1840
 Liste des monuments historiques de l'Aube

Liens externes
 Troyes, église Sainte-Madeleine

Troyes
Madeleine
Monument historique classé en 1840
Monument historique inscrit en 1926

redpajama_set_name: RedPajamaWikipedia


text:
Stour Chambers - 12 months - October 2021
Stour Chambers
Simon Johnson
8 Vernon Place
CT1 3HG
clerks@stourchambers.co.uk
www.stourchambers.co.uk
Main practice area:
Civil; Family
Public Access Work; Mediation; Pro Bono
npg598/20/2053
Stour Chambers is looking to recruit two pupils for a 12-month funded pupillage beginning in October 2021
Chambers is a regional set with a strong local practice in all levels of family and general civil litigation. Pupils are expected to gain experience in both areas and practice in both areas during their second six.
We will be offering a grant of £16,601.00. Half of the figure will be received in the first six on a monthly basis. The second half is by way of guaranteed earnings in the second six. Past pupils have successfully earnt significantly more than their guaranteed earnings; subject to the availability of work, there is no restriction on the amount a pupil may earn during the practising part of pupillage. Once qualified, most new tenants' earnings exceed £60,000.00 in the first year.
We will also fund travel expenses during the non-practising part of pupillage as well as the cost of compulsory courses with the Inn (subject to the pupil being responsible for the costs of any necessary re-sits).
Stour Chambers advertises and recruits' pupils on the basis that any application for tenancy could be accommodated; 100% of pupils in the past 5 years have completed their pupillage successfully and have been offered tenancy. Pupils will have a response to any application for tenancy at least 6 weeks before the conclusion of their pupillage.
The successful candidate will benefit from stimulating and robust training in the full range of Chambers' work. There are several pupil supervisors who will be responsible for the training who have a wealth of experience in practice over many decades between them. Chambers' training programme is detailed, diverse and offers flexibility not just in terms of addressing a pupil's personal circumstances, but also in the way in which the training is organised with a focus on self-reflection and a collaborative effort between Supervisor and Pupil.
Chambers has a firm belief that pupillage is an effective way to recruit new tenants and is committed to equipping pupils for a successful career at the Bar. Chambers attracts a large volume of junior advocacy work and is therefore keen to expand. Previously pupils have been welcomed into Chambers life and given constructive feedback so as to give them the best possible chance of securing tenancy at the end of the year.
Stour strives to be an equal opportunities employer and is committed to diversity amongst its staff, members and trainees. We therefore encourage and welcome applications from underrepresented or disadvantaged groups (including, for example, women, BAME candidates, disabled candidates and LGBT+ candidates). We are happy to make reasonable adjustments to enable disabled candidates to demonstrate their suitability for the role and to consider flexible working in appropriate cases.
The criteria upon which Stour Chambers will seek to recruit pupils during this round of recruitment are:
a)	Intellectual ability;
b)	Experience – both legal (optional) and non-legal;
c)	Promising Advocacy skills (both written and oral);
d)	Communication and interpersonal skills;
e)	Integrity, honesty, and the ability to self-reflect on one's work;
f)	Motivation to succeed in a career at the Bar;
g)	Desire/commitment to practising at Stour Chambers in Kent.
If successful and prior to starting pupillage, candidates must provide the following evidence:
a)	the official certificates/transcripts of the university examinations referred to in their pupillage application form;
b)	the official transcript of any examination taken or notified between the acceptance of pupillage and its commencement;
c)	clear documentary evidence of their satisfactory completion of the vocational component of Bar Training (alternatively, where relevant, that they have passed the Bar Transfer Test) within the last 5 years and/or any relevant waiver;
d)	clear documentary evidence that:
(i)	they are a member of an Inn;
(ii)	they have registered their pupillage with the BSB; and
(iii)	their nationality or immigration status allows them to undertake the pupillage. ¬
e)	They have been called to the Bar of England and Wales
Further information and Chambers' Pupillage Policy is available on our website www.stourchambers.co.uk
BC1: Why do you believe you will make a good barrister? In your answer, please identify any relevant experiences or skills that you believe may help you in your career (200 words)
BC2: Why do you want to join our chambers? In your answer, please give reasons for your choice of chambers and explain why you are interested in our areas of practice (200 words)
Considering the question of the administration of justice, make the case for or against lockdown during the ongoing covid-19 pandemic (250 words)
What was the hardest challenge you faced thus far in your career, and what action did you take to solve it? (200 words)
Further information on this vacancy
Pupillage Policy

redpajama_set_name: RedPajamaCommonCrawl


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text:
Yuras Karmanau
Tags: Alexander Lukashenko, Government, politics, Sviatlana Tsikhanouskaya
Belarus leader tells opposition leaders: 'Repent and kneel'
Belarus President Alexander Lukashenko delivers his speech during a state-of-the-nation address in Minsk, Belarus, Friday, Jan. 28, 2022. (Pavel Orlovsky/BelTA Pool Photo via AP)
KYIV – Belarus' authoritarian leader on Friday advised exiled opposition activists to "come home, repent and kneel," while repeating a vague promise to step down if the people "make the decision" for him.
President Alexander Lukashenko made the remarks in his yearly state of the nation address, seeking to underscore his grip on power after suppressing an unprecedented wave of mass protests against his rule.
In 2020 Lukashenko, who has run Belarus with an iron fist for almost three decades, survived the largest and the most sustained wave of mass protests in the country's history. Demonstrations, the biggest of which drew up to 200,000 people, were triggered by him winning a sixth term in office in a presidential election in August 2020 that the opposition and the West denounced as rigged.
Protesters demanded a new election and Lukashenko's ouster and faced a brutal crackdown from the authorities, with more than 35,000 arrested and thousands brutally beaten. Key opposition figures, including Sviatlana Tsikhanouskaya, Lukashenko's main contender in the election, have left the country amid the clampdown, along with thousands of ordinary Belarusians.
Lukashenko on Friday claimed that no more than 10% of the population opposes his rule, and urged opposition activists in exile to come "home, on your knees, groveling."
"My advice to you: come home, repent and kneel," Lukashenko said. "It will get worse further on."
After suppressing the protests, Lukashenko repeatedly aired vague and non-committal promises to step down. On Friday, he stressed that it was up to the people to decide. "You will decide, and this president will retire. If you consider necessary that I do more for this country, you will say so," Lukashenko said.
Last week, Lukashenko called a referendum for late February, on constitutional amendments that could allow him to further cement his grip on power and remain in office until 2035. The vote is scheduled to be held on Feb. 27.
The amendments bring back limits on presidential terms that had been abolished during Lukashenko's tenure, allowing a president only two five-year terms in office. However, the restriction will only take effect once a "newly elected president" assumes office, which gives Lukashenko an opportunity to run for two more terms after his current one expires in 2025.
The amendments also confer substantial new powers on the All-Belarus People's Assembly, a body that nominally represents a wide array of Belarusian society but that in the past has consisted largely of government officials and supporters. The president automatically becomes a member of the assembly and can be elected by the other delegates as its chairman.


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text:
Pub starts brewing its own beer
THE OWNERS of a village pub tucked away in rural Herefordshire have started brewing their own beer.
Dean Cholmondeley and his wife, Steph, have been at the helm of the Plough Inn in Little Dewchurch, south of Hereford, for six years, saving the pub from closure.
Now the pair are venturing into brewing ales and are looking to supply other pubs, clubs and businesses, as well as bottling their beer on the premises.
Mr Cholmondeley has been making beer for the last couple of years, working with a friend who is a brewer by trade. He will enter some drink into next month's Beer on the Wye festival.
"We're entering some of the beers into Beer on the Wye and we're confident at least two will bring us at least a bronze," Mr Cholmondeley said,
"The beers we're making are a best bitter, a blonde ale, an IPA which is a nice strong beer and there will be specials.
"The first one is a dark, strong, crisp, golden ale which will be launched this Sunday at our open day."
The open day, which the landlord hopes will be a fun day for the family, will also have a barbecue and people will be able to see the process of making beer with local ingredients.
Little Dewchurch Brewing Company already have customers lined up, with three pubs and a wholesale having already placed an order.


Here is a list of our sponsor's.
One of our sponsors I believe will be Advanced Alabama Adventures, Inc. but I am not sure yet so I am not going to make it official. Wont know till we get things fixed with them.
But this right here maybe another one of our sponsor's in the near future.
Click here if you would like to sponsor our team.


text:
What it would take to discover life on Saturn's icy moon Enceladus
The mystery of whether microbial alien life might inhabit Enceladus, one of Saturn's 83 moons, could be solved by an orbiting space probe, according to a new study led by University of Arizona researchers. In a paper published in The Planetary Science Journal, the researchers map out how a hypothetical space mission could provide definite answers.
Credit: NASA/JPL-Caltech
When Enceladus was initially surveyed in 1980 by NASA's Voyager 1 spacecraft, it looked like a small, not overly exciting "snowball" in the sky. Later, between 2005 to 2017, NASA's Cassini probe zipped around the Saturnian System and studied Saturn's complex rings and moons in unprecedented detail. Scientists were stunned when Cassini discovered that Enceladus' thick layer of ice hides a vast, warm saltwater ocean outgassing methane, a gas that typically originates from microbial life on Earth.
The methane, along with other organic molecules that build the foundations of life, were detected when Cassini flew through giant water plumes erupting from the surface of Enceladus. As the tiny moon orbits the ringed gas giant, it is being squeezed and tugged by Saturn's immense gravitational field, heating up its interior due to friction. As a result, spectacular plumes of water jet from cracks and crevices on Enceladus' icy surface into space.
Last year, a team of scientists at UArizona and Université Paris Sciences et Lettres in Paris calculated that if life could have emerged on Enceladus, there is a high likelihood that its presence could explain why the moon is burping up methane.
"To know if that is the case, we must go back to Enceladus and look," said Régis Ferrière, senior author of the new paper and associate professor in the UArizona Department of Ecology and Evolutionary Biology.
In their latest paper, Ferrière and his collaborators report that while the hypothetical total mass of living microbes in Enceladus' ocean would be small, a visit from an orbiting spacecraft is all that would be needed to know for sure whether Earthlike microbes populate Enceladus' ocean underneath its shell.
"Clearly, sending a robot crawling through ice cracks and deep-diving down to the seafloor would not be easy," Ferrière said, explaining that more realistic missions have been designed that would use upgraded instruments to sample the plumes like Cassini did, or even land on the moon's surface.
"By simulating the data that a more prepared and advanced orbiting spacecraft would gather from just the plumes alone, our team has now shown that this approach would be enough to confidently determine whether or not there is life within Enceladus' ocean without actually having to probe the depths of the moon," he said. "This is a thrilling perspective."
Located about 800 million miles from Earth, Enceladus completes an orbit around Saturn every 33 hours. While the moon isn't even as wide as the state of Arizona, it visually stands out because of its surface; like a frozen pond glinting in the sun, the moon reflects light like no other object in the solar system. Along the moon's south pole, at least 100 giant water plumes erupt through cracks in the icy landscape much like lava from a violent volcano.
Scientists believe that water vapor and ice particles ejected by these geyser-like features contribute to one of Saturn's iconic rings. This ejected mixture, which brings up gases and other particles from deep inside Enceladus' ocean, was sampled by the Cassini spacecraft.
The excess methane Cassini detected in the plumes conjures images of extraordinary ecosystems found in the lightless depths of Earth's oceans: hydrothermal vents. Here, at the edges of two adjacent tectonic plates, hot magma below the seafloor heats the ocean water in porous bedrock, creating "white smokers," vents spewing scorching hot, mineral-saturated seawater. With no access to sunlight, organisms depend on energy stored in chemical compounds released by the white smokers to make a living.
"On our planet, hydrothermal vents teem with life, big and small, in spite of darkness and insane pressure," Ferrière said. "The simplest living creatures there are microbes called methanogens that power themselves even in the absence of sunlight."
Methanogens convert dihydrogen and carbon dioxide to gain energy, releasing methane as a byproduct. Ferrière's research group modeled its calculations based on the hypothesis that Enceladus has methanogens that inhabit oceanic hydrothermal vents resembling the ones found on Earth. In this way, the researchers calculated what the total mass of methanogens on Enceladus would be, as well as the likelihood that their cells and other organic molecules could be ejected through the plumes.
"We were surprised to find that the hypothetical abundance of cells would only amount to the biomass of one single whale in Enceladus' global ocean," said the paper's first author, Antonin Affholder, a postdoctoral research associate at UArizona who was at Paris Sciences & Lettres when doing this research. "Enceladus' biosphere may be very sparse. And yet our models indicate that it would be productive enough to feed the plumes with just enough organic molecules or cells to be picked up by instruments onboard a future spacecraft."
Enceladus has garnered recent attention as a location to someday be revisited and more thoroughly scrutinized. One proposal, the "Enceladus Orbilander," designed by Johns Hopkins Applied Physics Laboratory, envisions a mission that would collect extensive data about Enceladus by landing on and orbiting this celestial body beginning in the 2050s.
"Our research shows that if a biosphere is present in Enceladus' ocean, signs of its existence could be picked up in plume material without the need to land or drill," said Affholder, "but such a mission would require an orbiter to fly through the plume multiple times to collect lots of oceanic material."
The paper includes recommendations about the minimum amount of material that must be collected from the plumes to confidently search for both microbial cells and certain organic molecules. Observable cells would show direct evidence of life.
"The possibility that actual cells could be found might be slim," Affholder said, "because they would have to survive the outgassing process carrying them through the plumes from the deep ocean to the vacuum of space – quite a journey for a tiny cell."
Instead, the authors suggest that detected organic molecules, such as particular amino acids, would serve as indirect evidence for or against an environment abounding with life.
"Considering that according to the calculations, any life present on Enceladus would be extremely sparse, there still is a good chance that we'll never find enough organic molecules in the plumes to unambiguously conclude that it is there," Ferrière said. "So, rather than focusing on the question of how much is enough to prove that life is there, we asked, 'What is the maximum amount of organic material that could be present in the absence of life?'"
If all measurements were to come back above a certain threshold, it could signal that life is a serious possibility, according to the authors.
"The definitive evidence of living cells caught on an alien world may remain elusive for generations," Affholder said. "Until then, the fact that we can't rule out life's existence on Enceladus is probably the best we can do."
The Planetary Science Journal
10.3847/PSJ/aca275
Computational simulation/modeling
Putative methanogenic biosphere in Enceladus's deep ocean: Biomass, productivity, and implications for detection


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The story of the Twelve begins with a young mutant by the name of Tanya Trask, who would later become Madam Sanctity. Adrift in the timestream, Tanya was rescued by Rachel Summers, in her guise of Mother Askani, and took her to the future, where she healed her mind. The future, under the rule of Apocalypse, was somber and grim, and Tanya sought to change it. She traveled back in time, three years before the formation of the X-Men, despite Mother Askani's warnings not to do so, and attempted to contact her father, Bolivar Trask. Rachel followed her and stopped her from revealing herself to her father, but not before Tanya could tamper with her father's creation, Master Mold, and upload a program called "The Twelve".
Years later, as Cyclops pondered his relationship with Madelyne Pryor in Alaska, he was attacked by Master Mold, who claimed Cyclops was one of the "strong" one of the Twelve and had to be killed. Master Mold was stopped, but not before revealing several other possible members of the Twelve, such as Charles Xavier, Apocalypse, Storm, Jean Grey, and Franklin Richards among others.
Master Mold survived the encounter and later faced Power Pack in an attempt to kill Franklin Richards. As the youngsters fought the demented robot, he revealed the nature of the Twelve: "The dozen mutant humans who will one day rise up and lead all of mutantkind in war against Homo sapiens in the twilight of earth." He was stopped, but not before revealing several other possible candidates, including Danielle Moonstar, Cannonball and Psylocke.
The subsequent mention of the Twelve came from Apocalypse himself, claiming that not only he was one of the "fabled Twelve" but so too were all five original X-Men, Charles Xavier, Storm, Cannonball and Cable.
As the new millennium approached, a series of events led to the return of Apocalypse. Cable was witness to said events-- the darkening of New York City, the arrival of the Harbinger of Apocalypse, and several other signs. Mother Askani's astral form revealed herself to Cable, implanting the knowledge of who the Twelve were. Sadly, he never had the opportunity to find them.
Apocalypse began his attack by planting a fake Wolverine among the ranks of the X-Men. This led Xavier, who suspected of infiltration, to disband the X-Men. The X-Men parted ways, and soon after, Rogue and Shadowcat found themselves protecting Mystique from Japan's military, the Yakiba. As Rogue fought Sunfire and his men, Kitty "babysat" Mystique and found, unwillingly, Destiny's diary. The diary itself had a very cryptic description of a "thirteenth" and told that the Twelve would be involved in the destruction of the world.
With the death of Wolverine's impostor, the X-Men reunited at the mansion, only to discover it wasn't truly Wolverine who had died, but a Skrull. The infiltrator had been found. To save Polaris from abduction, Cyclops took her place using an image inducer, and the X-Men followed him to the Skrulls' lair, where they were attacked by Death, Apocalypse's most lethal and fiercest Horseman, the same person responsible for the death of the fake Wolverine. After a heavy battle, Death was unmasked by Colossus. The X-Men were surprised to see their newest enemy was in truth the real Wolverine. Death escaped, leaving the X-Men with half-truths and enigmas that needed solving.
Soon after, Xavier revealed the "List of Twelve", for it was clearly written in Destiny's Diary. The Twelve were: Cyclops, Phoenix, Storm, Magneto, Polaris, Living Monolith, Bishop, Cable, Xavier, Iceman, Mikhail Rasputin and Sunfire. But whatever part they had to play was not revealed.
The Horsemen of Apocalypse kidnapped Cable, Mikhail Rasputin, Iceman, Sunfire and the Living Monolith. The X-Men, with Magneto's help, rushed to Egypt, to Apocalypse's lair. They were soon attacked by an army of Skrulls and followers of Apocalypse. Amidst the battle, Bishop, who had been trapped in an alternate future reality, appeared out of thin air, furthering the confusion. Thanks to illusions and lies, the agents of Apocalypse were able to kidnap all remaining members of the Twelve. Their true role was then explained at last. Placing the Twelve inside containment cells, part of an ages-old Celestial machine, Apocalypse revealed his plan was to siphon the energies of the "Eleven of Power" through the Living Monolith to start the machine, which would grant him omnipotence. The role of each mutant was clearly explained by Apocalypse. Polaris and Magneto were opposing magnetic poles. Storm, Iceman and Sunfire were extreme forces of nature. Cyclops, Jean, and Cable represented the unity of family. Bishop and Mikhail provided control over time and space, and Xavier provided the power of pure thought. However, Apocalypse knew his frail, centuries-old body would not be able to withstand such power. And that's when he revealed the thirteenth mutant, the X-Man, Nate Grey. He intended to transfer his consciousness into Nate's young body and then use the energies of the Twelve to evolve.
He began the process, but Magneto's then-recent power loss was something Apocalypse had not counted, and soon his energies were depleted, creating a break in the chain of power. Apocalypse increased the flow of energies, attempting to bypass the break, but this drove the Living Monolith insane, destroying his containment unit and starting a rampage that unwillingly released the X-Men. While half of the team battled the Monolith, the other half attempted to stop Apocalypse. Jean Grey exposed the true nature of Apocalypse, showing his rotting body inside his armor. As he tried to enter Nate Grey's body, Cyclops took his place, sacrificing himself to save Nate. Jean attempted to contact her husband's mind, but Xavier claimed there was nothing of Cyclops left inside Apocalypse. Using the energies of the Twelve, Apocalypse re-made reality twice, attempting to re-create the process once more and finish his transformation. He was unable to do so, for the X-Men fought him both times, in the past and the future. His energies spent, he and the Living Monolith escaped. The X-Men had prevented Apocalypse from becoming a god, at the seeming expense of Cyclops' life.
Base of Operations


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Student mystified when his bank balance keeps going up, discovers something shocking
By Adrian S. Posted on Like it:
A student who was mystified when his bank balance kept going up, was horrified when he discovered the reason why.
Tom Wainwright, 19, began uni last September. After a little while, with nights out and expensive rent stacking up, his friends started to complain about how poor they were. Tom doesn't have a job, and was too scared to check his balance, so was blissfully unaware of how poor he was.
But then, after a month of nagging from his flatmate Sarah, 19, he decided to brace himself and take a look.
What he discovered over the next few weeks of diligently checking his bank balance confused the crap out of him.
"My balance kept going up."
Tom bought takeaways for his friends, with his endless supply of money.
"Boom, suddenly I'm on £300 plus."
Tom couldn't believe his luck.
"I checked it for the first time when I was drunk. For courage, you know. But when I saw it I was like 'ok, £200 that's not too bad. In fact, that's fucking brilliant.'" He told Student Money Saver.
"That week I had like two Nandos and a Chinese takeaway, and I thought ah shit I've already blown it."
But when he checked his bank balance, he noticed something strange. He now had £267.44.
"I couldn't believe it. I check a week later - boom, suddenly I'm on £300 plus."
Tom asked around his friends quietly, to see if the SLC had made any payments he hadn't been expecting, but they said no. He even called his parents and subtly asked them if they'd put any extra money in. But they confirmed they hadn't either.
"I kept schtum. I figured if the bank found out they'd be like 'where's my money, give me my money you money thief' and then I'd have to give them their money back."
"I kept thinking maybe it was a bank glitch, maybe I had a mysterious admirer with my bank details."
But after a while, his friend Sarah mentioned she was poor again, and he offered to help her out. He was about to discover what was really going on.
"F*ck me I feel like a f*cking tosspot"
"Sarah said she was poor and I wanted to help. But when I offered her money she was like 'no you must be poor too' and that's when I decided to show her my magical f*cking bank account."
He showed her his balance on screen.
"Then I said 'watch this' and took out a hundo. Then we checked my account again."
"She told me what should have been obvious from day one. I'd been ignoring the fucking minus sign."
It turns out Tom didn't have a "magical f*cking bank account" at all, but didn't realise that his numbers were going up because he was in minus figures.
He explained what he thought the minus sign was:
"I thought it was like, they put a dash before your bank balance or something. Like dash - here is your bank balance. Hang on, let me write it down and show you."
"I'd been spending like an absolute tosser thinking that I had this endless supply of money, then Sarah comes along and tells me 'you're in a lot of debt'. F*ck me I feel like a f*cking tosspot.
"I'd bought Nike trainers. Good ones."
"They're going to have to go back now."
Tom's friend Sarah now helps him with his finance stuff. He has since asked his parents for help, and considers them to be the real endless supply of money.
Like this? Check out this student who didn't realise he was on the wrong degree for 3 MONTHS
Or this student, who was the only one to show up for a TWO HOUR SEMINAR and the lecture decided to proceed anyway, even though he clearly hadn't done the reading...Read more here.


Law has been prevalent throughout the evolution of our society long before you and I ever existed in this world. Through the years and thousands of cases, whether they be crucial decisions or the most minuscule of disputes, there has been a constant evolution throughout the practice of law. This progression would be expected as societal shifts shaped the decisions that establish the precedence law professionals implement today.
However, within this progression, there is still a process that has remained somewhat stagnant, despite the technological era we are currently living in. Gathering evidence has long been one of the most tedious and expensive processes involved in cases. Wildly, there is a solution to these document gathering woes, and it goes by the name of eDiscovery. Embracing and implementing this technology can make your process more defensible overall, save money and time, as well as improve efficiency in every arena.
What is wrong with the old formalities of document review?
Accounting firm KPMG estimates that first-level document review encompasses anywhere between 58 percent and 90 percent of total litigation costs.
Studies and anecdotal evidence suggest that the error rate of document review can be 50 percent or higher.
Referring to the above graphic created by the International Data Center, data will only continue to grow on a worldwide scale exponentially. With this growth every industry will continue its transition into further technological advancements. As it pertains to law, Cicayda is a leading eDiscovery provider and will continue to innovate as technology keeps progressing. Though eDiscovery is still heavily underused by some firms, it is a booming market that is making law more efficient and accurate.
What does Cicayda have to offer?
Our review platform, Reprise, enables you to search, organize and analyze your electronic documents faster than ever. The early case assessment feature is a much needed assistant that maps out your case and helps to gauge budgeting as well. Reprise's review tool allows you to manage multiple attorney reviewers analyzing the documents all within one dashboard. Cicayda also offers a newly updated legal hold tool, Fermata, which allows protection and defensibility on the onset of litigation. These technologies are what is shaping law today and will be a prevalent force in the future. Join us on the track to further innovation and gain efficiency in every arena.


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Regional Psychological Wellbeing Manager Region: North Contract: Permanent Salary: £34,723 - £43,306 At Help for Heroes, we believe those who serve our country deserve support when they are wounded. Every day, men and women have to leave their career in the Armed Forces as a result of physical or...
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We have just added our new Wide Format Flatbed Printer.
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Mining coins using graphics cards is a standard way to mine the coins. GPU miners supported by all the coin developers.With GPU miner you can be always sure that your investment will work for you for a long time.
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The End of the Path: On "Avengers: Endgame" & Long-Form Storytelling
Bennett Fort '19
Last Friday, April 26, 2019, I watched it all end. My emotional (and, of course, quite hefty monetary) investment with 22 Marvel films paid off as I finally saw an ending to something I discovered nine years ago, one fateful night in Ocean City, NJ.
For nine years, the Marvel Cinematic Universe has taken over my entire life. Well, that's a bit of an exaggeration, but it has been a big part of my growing up. See, I came to Harry Potter on the tail end of its tenure. While it meant and still means a tremendous amount to me, I didn't "grow up" with those characters. But, I have been with all of the Marvel characters since around the beginning.
Now, this isn't a review of Avengers: Endgame. If you want one of those, here: "Avengers: Endgame is amazing. It's the culmination of eleven years of storytelling and is satisfying beyond belief. Go see it." Alright, so now that we're past that, what is this? Well, this is a meditation on the power of long-form (and I mean VERY long-form) storytelling. A look back at how the MCU (Marvel Cinematic Universe) crawled its way into everyone's hearts.
Twelve years ago, the prospect of 22 different, yet connected films all culminating in one film that would shatter every single box office record known to man probably seemed like a far off event. Superhero movies that connected to each other had failed twice over, with franchises like Spider-Man and X-Men. But, one year later, in 2008, a little movie came out titled Iron Man. It was a success, but coming out in 2008, its status as one of the most important superhero movies was quickly overshadowed by another little movie (cough… The Dark Knight… cough cough). Yet, the importance of Iron Man was by no means forgotten, because following all of the credits of the film, there was a small scene that changed the landscape of filmmaking forever. In the darkness of Tony Stark's house stood Nick Fury, who very knowingly said the line: "You're part of a bigger universe, you just don't know it yet." And we were off to the races. See, while such a line said to Tony Stark meant that he existed in a world of heroes, what it meant for the audiences was much bigger. It meant that, in the coming years, the world would see countless superhero movies arrive, all of which were connected together, working to tell one story. Eleven years later, on April 26th, 2019, that story, known as THE INFINITY SAGA, ended with Avengers: Endgame, a colossal film, running at 3 hours and 58 seconds. Now, again, no spoilers, but walking out of Endgame almost felt like an unthinkable conclusion if someone were to tell me nine years ago that it was where it would all end. But now, after seeing it, I feel at peace.
For nine years, I constantly went to the theater, watching these movies. I can practically remember the exact experience of watching each and every one of them for the first time. Iron Man was watched by me in on an old TV at the beach house that would, just a few years later, be left behind in the wake of monumental change. The Avengers came on a celebration of my brother's birthday, as I sat in a rather full theater, mystified by what I was witnessing. Guardians of the Galaxy was a strange, August day before my final year of middle school began. Thor: Ragnarok was the beginning of an effort by me and the friends I made at Tower Hill to go see every single one that came out afterward up until we graduated. My experiences are unique, but countless other people across the globe have been with the MCU since the beginning as well, investing themselves in characters like Thor, Star-Lord, Captain America, and Iron Man. The MCU has succeeded because of the world's investment in these characters.
In the eleven years since Iron Man, several other studios have tried and failed to create the worldwide appeal of the MCU. But those companies are missing the point. The heart of all these franchises, including the MCU, is about making money. And continuing to make that money for years to come. But, what made the MCU different is that, along with money, the movies were made by people who actually cared about the characters. Kevin Feige, the head of Marvel Studios, was apparently the biggest comic book nerd of all time growing up, so his role as the head of the company is by no means solely about making money. It's about loving these characters. From the very beginning, the MCU was about making you care. Because if you didn't care, then I actually would have been able to get a decent parking spot at the theater last Friday when I saw the movie.
Storytelling is all about creating empathy. Roger Ebert notoriously called movies "empathy making machines." Therefore, the MCU's uncanny ability to create empathy was its biggest strength. It's long-form style, in which movie, after movie was made about these characters, was all for the purpose of creating more and more empathy within you for these characters. For that reason alone, Marvel should be praised. Storytelling is difficult. Long-form storytelling makes empathy easier, but with more stories come more problems.
The fact that you are able to watch Avengers: Endgame and care is all a result of the creative minds at the heart of Marvel Studios. So, as the first saga of the MCU ends, I thought it would be important to just think back on why I cared so much about all these characters. Why I wanted to keep coming back. Why I bought tickets for Endgame the day they came out, mere milliseconds before assembly began that day.
In the time since I first saw Iron Man, I've seen a lot. I've become incredibly cynical about the world, and movies themselves. I've lost interest in the incredibly massive, mindless blockbusters like Transformers because I never got anything worthwhile out of them. But, through it all, I loved the MCU. Because I loved the characters. Because I changed as a human being alongside them. I was invested beyond belief.
Leaving Endgame, it truly struck me how much my love paid off. I, rather irrationally, audibly, and very loudly, exclaimed "OH MY GOD!" a few times throughout it. Everything was earned. Long-form storytelling works. If the people behind it care enough to make you care.
So, to end this article, as well as the first saga of the MCU, I would just like to say (in a rather corny way): I love you 3000, Marvel.


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Neutralizing antibodies: the Elite Squad to combat SARS-CoV-2 infection
The rapid global transmission of SARS-CoV-2 poses a severe health emergency affecting over 20 million people worldwide as of 12 August. The research communities have taken immediate and enormous actions in search of therapeutic and prophylactic interventions. The major strategies undertaken include repurposing "old" drugs,... click to read more
Guanqiao Li | Research Associate at Center for Global Health and Infectious Diseases, School of Medicine and Vanke School of Public Health, Tsinghua University, Beijing, China
Yang Liu | Research Associate at Center for Global Health and Infectious Diseases, School of Medicine and Vanke School of Public Health, Tsinghua University, Beijing, China
Linqi Zhang | Professor at Center for Global Health and Infectious Diseases, School of Medicine and Vanke School of Public Health, Tsinghua University, Beijing, China
neutralizing antibodies
receptor-binding domain (RBD)
T cells: an essential but neglected component against COVID-19
The current COVID-19 pandemic has brought into our daily conversations scientific topics previously only discussed among scientists in academic environments. When the media inform us about the rise or fall of new cases of SARS-CoV-2 infection in the world, questions about immunity and protection follow... click to read more
Antonio Bertoletti | Professor at Emerging Infectious Diseases Program, Duke-NUS Medical School, Singapore
Anthony Tan | Senior Research Fellow at Emerging Infectious Diseases Program, Duke-NUS Medical School, Singapore
Nina Le Bert | Research Fellow at Emerging Infectious Diseases Program, Duke-NUS Medical School, Singapore
CoV-19
antiviral immunity
published on Nov 4, 2020
How the COVID-19 lockdown affected our sleeping patterns
Human biology and behavior change throughout the day. A primary internal timekeeper, located in the brain, and synchronized by light, controls these daily fluctuations. Social and cultural temporal cues are also able to set the time of our internal clock. Humans are a diurnal species:... click to read more
María Juliana Leone | Professor at Universidad Nacional de Quilmes – Universidad Torcuato Di Tella, Buenos Aires, Argentina
circadian clock
chronotype
Tumor infiltrating immune cells predict patient outcomes
There has been much investigation into the role of the body's immune system in fighting or promoting the development of cancer, and in recent years, one particular type of immune cell, the CD8 T cell, has been shown to be important for fighting cancer in... click to read more
Caroline S. Jansen | MD/PhD Student at Department of Urology, School of Medicine; Winship Cancer Institute; Department of Microbiology and Immunology, School of Medicine; Emory Vaccine Centre, School of Medicine; Emory University , Atlanta, GA, USA
Haydn T. Kissick | Assistant Professor at Department of Urology, School of Medicine; Winship Cancer Institute; Department of Microbiology and Immunology, School of Medicine; Emory Vaccine Centre, School of Medicine; Emory University , Atlanta, GA, USA
Heart failure: unexpected role of stem cell treatments
Buzz words circulating around the medical profession and the media right now are "stem cell therapy". This treatment usually involves isolating adult cells from patients and injecting them to a specific place in a human body. There seems to be some promise in animal studies... click to read more
Emma J. Agnew | Postdoctoral Research Fellow at Molecular Cardiovascular Biology, Cincinnati Children's Hospital Medical Center, Cincinnati, OH, USA
Ronald J. Vagnozzi | Research Instructor at Molecular Cardiovascular Biology, Cincinnati Children's Hospital Medical Center, Cincinnati, OH, USA
Jeffery D. Molkentin | Professor at Molecular Cardiovascular Biology, Cincinnati Children's Hospital Medical Center, Cincinnati, OH, USA
published on Oct 5, 2020


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Thanks for visting In-Human, a fanlisting for the 21st episode of the televison show Roswell. A fanlisting is simply a gathering space for fans of a particular subject to come together and express their fandom.
"The White Room" is the second-to-last episode of the first season of Roswell. In this exciting first part of a two-part season finale, Max Evans, an alien teenager, is captured by Agent Pierce of the FBI Special Unit. While he's experimented on and tortured in the white room, Michael, Isabel, and Tess attempt to rescue him with their alien powers. Meanwhile, Max's girlfriend Liz Parker enlists the help of Sheriff Valenti, whom the teens spent the first half of the season hiding from.
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Smollan Headcount are an Investors in People employer and are always interested in professional and committed field marketing personnel for various positions around the UK, so if you are looking to develop your career in a field based role, please complete our application form and we will be in touch.
Please note that to complete the registration process and enable you to work for us, we will require proof of your identity and eligibility to work in the UK. This will require us having sight of your original documentation.
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What does marketing mean to you? Let's look at how your book defines and explains marketing. We'll check out parts of these two videos for an overview of marketing.
Your target market is the specific group of customers that are interested in, have access to, and want to buy your product. The graphic shows how we break down our target market into smaller, specific groups.
The graphic and your book show four main market segments (although there can be others). We will do the following activity to learn about these segments.
- Use this collaborative page to describe your target market segment using text, links, images, etc.
Here are two links to help with behavioral segmentation.
The Marketing Mix or "Four P's" of marketing will be the driving force in your marketing strategy. Let's look at how they break down the "Four P's" in your book. We'll also check out the video that gives some examples.
Visual Aid - Presentation, Thinglink, Posters, Infographic, etc.
Kinesthetic Learning Activity - Involve other students in learning process, use them as samples, use them to demonstrate, role playing, etc.
Use this rubric to self assess your project. It will be important for you to carefully read chapters 9.2 through 9.5 since this project is how that information will be covered.
Here is a collaborative page if you need to share out your presentation.
We'll check out this product placement video in class (**filter video).
Social media is changing today's society, and the business world is no exception. We'll start exploring this topic using our book and a reading activity. Choose a partner for this activity and go to the social media section in Ch 9.6. Complete this SQ3R reading sheet together as you read that section. We will discuss your sheets as a group.
We will check out the two videos below on social media marketing.
Use this link or another resource to add three or more strategies for social media marketing to this collaborative page. We'll discuss these as a group.
Use this document to analyze Spotify's marketing strategy.
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743 F. 2d 1378 - Sealy Incorporated v. Easy Living Inc
743 F2d 1378 Sealy Incorporated v. Easy Living Inc
224 U.S.P.Q. 364, 1984-2 Trade Cases 66,320,
16 Fed. R. Evid. Serv. 1061
SEALY, INCORPORATED, a corporation, Plaintiff-Appellee,
EASY LIVING, INC., a corporation, Defendant,
Danco, Inc., and Jack Ward Mattress, Inc., d/b/a Pacifica
Mattress Company, Defendants-Appellants,
Submitted July 2, 1984.
Decided Oct. 1, 1984.
Maurice L. Muehle, Frederic F. Brace, Jr., Chicago, Ill., for defendants-appellants.
Jill S. Slater, Latham & Watkins, Los Angeles, Cal., for plaintiff-appellee.
Appeal from United States District Court for the Central District of California.
Before GOODWIN, FARRIS and POOLE, Circuit Judges.
POOLE, Circuit Judge:
This trademark infringement action was brought by Sealy, Incorporated against Jack Ward Mattress company, d/b/a Pacifica Mattress Company ("Pacifica") and Danco, Inc.1 Defendants counterclaimed under federal antitrust laws. Defendants appeal from the district court's dismissal of their counterclaims, entry of a permanent injunction against them, and award to plaintiff of attorney's fees. With the exception of the challenge to the award of attorney's fees, we find that none of appellant's objections require reversal.
I. FACTS.
A. The Parties.
Sealy is an association of bedding manufacturers which owns and licenses the "Sealy" trademark. Sealy, Inc. establishes standards for the manufacture of bedding products to be sold under its name.
Danco, an organization of manufacturer's representatives, advertises and sells a variety of bedding products, including those of defendant-appellant Pacifica.
Pacifica, a bedding manufacturer located in San Diego, California, is wholly-owned by Ohio-Sealy Mattress Manufacturing Co. ("Ohio-Sealy"). Ohio-Sealy itself manufactures bedding and, unlike its subsidiary Pacifica, is a Sealy licensee. In 1971, Ohio-Sealy sued Sealy, Inc. under federal antitrust laws, claiming that its licensing arrangement perpetuated practices held illegal in United States v. Sealy, 388 U.S. 350, 87 S.Ct. 1847, 18 L.Ed.2d 1238 (1967). The long history of dissension between Sealy, Inc. and Ohio-Sealy is recited in the antitrust counterclaim filed by Danco in this action.2
B. The present case.
In May 1982, Danco began to offer genuine Sealy mattresses, acquired from an Ohio-Sealy subsidiary in Texas, together with non-Sealy Pacifica foundations made by Pacifica with identical fabric covering or "ticking." The foundations bore no identifying labels. The mattress and foundation combination thus gave the impression of being a matched set, and at Danco's suggestion were advertised by some retailers as a "Sealy Back-Saver and matching foundation."
Sealy, Inc. brought this suit against Danco in August 1982, seeking an injunction against sale of the mixed Sealy-Pacifica bed sets. Pacifica was joined as a defendant in October 1982.
Soon after the suit was filed, Pacifica began attaching labels to the top of each non-Sealy matching foundation identifying it as a "Quality Foundation Manufactured by Pacifica Mattress Co." The label was usually concealed, however, when the foundation was displayed in stores beneath a mattress. After Sealy moved for a preliminary injunction, Pacifica began to attach a second label to the sides of the foundation, and to distribute signs to retailers for display with the Sealy-Pacifica sets. The signs stated: "Sleep on two great names in bedding * * * Mattresses by SEALY/Foundations by PACIFICA."
The district court entered a preliminary injunction in December 1982, and in April 1983, following a non-jury trial, entered a permanent injunction prohibiting defendants from selling foundations covered with ticking similar or identical to that on Sealy products unless each foundation was labelled explicitly to disclaim any association with Sealy, and unless oral disclosure was made at the retail point-of-sale that the foundation is not of Sealy brand or manufacture.
The district court dismissed defendants' counterclaim for lack of standing.
On August 4, 1983, without a separate evidentiary hearing, the district court filed its judgment awarding plaintiffs $300,328 in attorney's fees.
A. Evidence of Contributory Infringement.
Appellants argue that there was insufficient evidence of contributory infringement of Sealy's trademark. We find that substantial evidence supported the district court's finding of liability.
A manufacturer may be held liable for contributory trademark infringement even if it does not itself mislabel goods or deceive consumers. The Supreme Court stated in Inwood Laboratories v. Ives Laboratories, 456 U.S. 844, 854, 102 S.Ct. 2182, 2188, 72 L.Ed.2d 606 (1982):[I]f a manufacturer or distributor intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the manufacturer is contributorily responsible for any harm done as a result of the deceit.
The determination of contributory infringement thus turns on the defendant's intent and his knowledge of the wrongful activities of his distributors. Compare Inwood Laboratories, supra. (no liability for manufacturer of generic drug sold in gelatin capsules identical to plaintiffs' where defendant did not knowingly sell to infringing pharmacists) with Warner & Co. v. Lilly & Co., 265 U.S. 526, 530, 44 S.Ct. 615, 617, 68 L.Ed. 1161 (1924) (contributory infringement where defendant's salesmen suggested to retailers that defendant's "Quin-Coco" could be sold as plaintiff's more expensive "Coco-Quinine"). A manufacturer may escape liability if it takes effective measures to prevent infringing uses by its distributors. Callman, Unfair Competition, Trademarks, and Monopolies, Sec. 22.10 at n. 20.
The district court found that defendants foresaw and intended that Pacifica foundations would be passed off as Sealy products. The identical ticking and the advertisements offering the Pacifica product as a "matching foundation" for the Sealy mattress support this conclusion.
The district court also found that defendants' remedial measures were inadequate. This finding is not clearly erroneous. The labels attached to the foundations could not easily be seen. Even if they were noticed, neither they nor the signs belatedly distributed to retailers explicitly denied that the Pacifica foundation was a Sealy product. Even a relatively sophisticated consumer might suppose that the "matching" Pacifica foundation was made under license from Sealy, Inc. Plaintiff's witnesses testified at trial that retail salesmen made no attempt to correct their misunderstanding that the Sealy mattress and Pacifica foundation were both made by Sealy. Defendants' measures did not overcome the misleading impression conveyed by the matching fabric ticking.
B. Exclusion of Evidence.
The district court excluded deposition testimony that would have shown that Sealy had never objected to Ohio-Sealy's established east-coast practice of selling non-Sealy "polybox" foundations with matching ticking, similar to Pacifica's, together with Sealy mattresses. Appellants argue that Sealy's acquiescence in this practice demonstrates that Sealy did not consider the polybox foundation with matching ticking to be an infringing product.
The district court did not abuse its discretion by excluding this evidence. Unlike Pacifica's foundations, the east coast polybox foundations were manufactured by Ohio-Sealy, a Sealy licensee, over which Sealy might exercise some degree of supervision and control. In any event, whether Sealy, under different circumstances, objected to sale of its mattresses with non-Sealy foundations in east coast markets is ultimately irrelevant to whether Pacifica and Danco intended that Pacifica's foundations would be passed off as Sealy products.
C. Exclusion of Tauber Testimony.
The district court refused to allow the testimony of appellants' expert witness, Prof. Edward Tauber, because appellants had not provided Sealy with the "short narrative statement of qualifications of the expert and the testimony expected to be elicited at trial," as required by Central District of California Local Rule 9.4.6 (formerly 9.6.6).
Appellants admit their failure to comply with the rule, but argue that a lesser penalty ought to have been imposed. We disagree.
The district court may, in its discretion, exclude expert witnesses not disclosed in pre-trial as required by local rules. Wirtz v. Hooper-Holmes Bureau, Inc., 327 F.2d 939 (5th Cir.1964). Appellants offer no justification for non-compliance with the local rule. Failure to give notice of an expert witness's testimony until immediately before his appearance at trial was clearly prejudicial to opposing counsel. The district court did not abuse its discretion in refusing to admit Tauber's testimony.
D. Rulings on depositions in camera.
Rather than having deposition testimony read orally into the record, the district court required deposition transcripts to be submitted with marginal notations and counter-notations showing testimony to be offered and opposing counsel's objections. During the course of the trial, the deposition transcripts were returned with the courts' additional notations showing which objections had been sustained and which overruled.
Appellants object to this procedure and urge that they are entitled to oral argument on evidentiary rulings. We do not find the district court's procedure was improper.
Apart from general allegations that the procedure "impermissibly encumbered" the defense, appellants have shown no way in which their trial presentation would have differed if they had known in advance the evidentiary rulings. Moreover, except for evidence concerning east coast distribution of Ohio-Sealy polybox foundations, discussed in section II B above, appellants point to no deposition evidence that they claim was erroneously excluded.
Appellants have shown no prejudice to them from the district court's procedure. The district court's in camera review of written deposition testimony reduced the time required for trial, and was not an abuse of its discretion.
E. Did the district court's conduct prejudice appellant?
Appellants argue that the district judge displayed hostility and bias against them. Having reviewed the entire trial transcript, we disagree.
The district judge showed no bias from any extrajudicial source. United States v. Grinell Corp., 384 U.S. 563, 583, 86 S.Ct. 1698, 1710, 16 L.Ed.2d 778 (1966); United States v. Azhocar, 581 F.2d 735 (9th Cir.1978) cert. denied, 440 U.S. 907, 99 S.Ct. 1213, 59 L.Ed.2d 454 (1979). His questions and comments, which appellants attempt to characterize as prejudice, merely demonstrated familiarity with the trial briefs and deposition testimony. The trial judge cannot, and should not, erase from his mind all knowledge of the case before trial begins, and he need not passively refrain from interfering in the trial of matters before him.
It is the right and duty of the Federal trial judge to facilitate, by direct participation, the orderly progress of a trial. Queries by the judge which aid in clarifying the testimony of witnesses, expedite the examination or confine it to relevant matters in order to arrive at the ultimate truth, are eminently proper so long as the authority is exercised in a non-prejudicial manner.
Richmond v. Weiner, 353 F.2d 41, 49 (9th Cir.1965), quoting Ochoa v. United States, 167 F.2d 341, 344 (9th Cir.1948). The district judge's actions were properly within his discretion. Though he made no secret of his skepticism of appellants' position, appellants were permitted to respond to the district court's expressed concerns to the best of their ability. There is no ground for reversal.
F. This action was not required to be a compulsory counterclaim in another case.
The district court denied appellants' motion to dismiss on the ground that this case should have been filed as a compulsory counterclaim in an antitrust action brought by Pacifica and Ohio-Sealy against Sealy, Inc. in the Northern District of Illinois. We affirm the district court's decision.
A compulsory counterclaim is one arising from the "same transaction or occurrence" as the original claim. F.R.Civ.P. 13(a). Here, the Illinois action challenges Sealy Inc.'s refusal to license Pacifica to manufacture Sealy-brand products. The present case, on the other hand, concerns the imitation-Sealy products manufactured and sold by Pacifica despite that refusal. The cases involve completely different factual and legal issues, and arise from different transactions or occurrences. See Kuster Laboratories v. Lee, 10 F.R.D. 350, 351 (N.D.Cal.1950).
G. Dismissal of Danco's counterclaim.
The district court dismissed a counterclaim filed by Danco alone, before Pacifica was made a defendant in the case.
Danco's counterclaim recited a long history of acts by which Sealy Inc. had allegedly attempted to restrain Ohio-Sealy and its subsidiaries, including Pacifica, from competing freely with other Sealy licensees. It claims that these acts, including the present trademark infringement action, violate federal antitrust laws.
The counterclaim was properly dismissed for lack of standing. The conspiracy alleged in that pleading was aimed at Ohio-Sealy and Pacifica, not Danco itself. As a sales representative for Pacifica, Danco's alleged injury is not sufficiently direct to confer antitrust standing. See Assoc. Gen. Contractors of Cal. v. Cal. St. Council, 459 U.S. 519, 103 S.Ct. 897, 74 L.Ed.2d 723 (1983); Solinger v. A & M Records, Inc., 586 F.2d 1304, 1311-12, n. 8 (9th Cir.1978), cert. denied 441 U.S. 908, 99 S.Ct. 1999, 60 L.Ed.2d 377 (1979) (employee has no standing to sue for antitrust injury to employer); Calderone Enterprises Corp. v. United Artists Theatre Circuit, Inc., 454 F.2d 1292, 1295 (2nd Cir.1971), cert. denied 406 U.S. 930, 92 S.Ct. 1776, 32 L.Ed.2d 132 (1972) (landlord lacks standing to sue for antitrust injury to his tenant). The sole action taken by Sealy Inc. directly against Danco--this lawsuit--does not form the basis for antitrust liability. See California Motor Transport Co. v. Trucking Unlimited, 404 U.S. 508, 92 S.Ct. 609, 30 L.Ed.2d 642 (1972) (use of courts not a basis for antitrust liability without evidence that litigation is a sham or for purpose of harassment). See also Coca-Cola v. Overland, Inc., 692 F.2d 1250, 1257 n. 17 (9th Cir.1982) (no authority for holding meritorious lawsuits to be "sham" litigation violative of antitrust laws).
H. Attorneys' Fees.
Finally, appellants challenge the district court's award of $300,328 in attorneys' fees to Sealy. Since we find the record before us to be inadequate to permit review, we remand to the district court to make further findings.
Award of attorneys' fees is in the discretion of the district court, and we will not disturb an award unless the district court has abused its discretion. Sapper v. Lenco Blade, Inc., 704 F.2d 1069 (9th Cir.1983); Playboy Enterprises v. Baccarat Clothing Co., Inc., 692 F.2d 1272 (9th Cir.1982); Kerr v. Screen Extras Guild, Inc., 526 F.2d 67 (9th Cir.1975), cert. denied 425 U.S. 951, 96 S.Ct. 1726, 48 L.Ed.2d 195 (1976).
Under 15 U.S.C. Sec. 1117, reasonable attorneys' fees may be awarded "in exceptional [trademark] cases." A trademark case is exceptional for purposes of an award of attorneys' fees where the infringement is malicious, fraudulent, deliberate or wilful. Playboy Enterprises v. Baccarat Clothing Co. Inc., 692 F.2d 1272, 1276 (9th Cir.1982). See Senate Report No. 93-1400, 93rd Congress, Second Session (1974), reprinted in 1974 U.S.Code Cong. & Ad.News 7132.
The district court found that appellants' conduct constituted "wilful and deliberate, bad faith infringement of Sealy's trademarks that was intended to and in fact did result in deception of the public." We conclude that this finding is supported by the record in this case. There was substantial evidence tending to show that appellants manufactured and sold their look-alike foundations deliberately to deceive consumers and to take advantage of Sealy's brand identification. The district court did not abuse its discretion in awarding attorneys' fees in this case.
The amount of the award, however, is troubling. The district court's award, $300,328, is extraordinarily high and, although a proper record might support such an award in this case, the record before us does not permit adequate review of the factors upon which the district court based its decision.3
The district court appears to have accepted uncritically plaintiff's representations concerning the time expended on this case, and it awarded the entire amount requested by plaintiff. Such a procedure is inadequate. Though plaintiff's counsel submitted voluminous records to show that over 2,515.5 hours had actually been spent on this case, there is no showing that the time actually spent was reasonably necessary. "Counsel for the prevailing party should make a good faith effort to exclude from a fee request hours that are excessive, redundant, or otherwise unnecessary." Hensley v. Eckerhart, 461 U.S. 424, 103 S.Ct. 1933, 1939-1940, 76 L.Ed.2d 40 (1983). No such effort appears to have been made here.4
The district court's finding that the services rendered and the hours spent by plaintiff's counsel were "reasonable and necessary" is conclusory and unsupported by any analysis of the time records actually presented in this case. Though a more detailed review of plaintiff's attorneys' fee request may support this claim, the present record does not permit adequate review.
Moreover, the district court presented no basis for its finding that the rates charged by plaintiff's counsel were reasonable. No effort appears to have been made to examine the "customary fee" prevailing in the community. Kerr v. Screen Extras Guild, Inc., 526 F.2d 67, 70 (9th Cir.1975), cert. denied, 425 U.S. 951, 96 S.Ct. 1726, 48 L.Ed.2d 195 (1976). Though the fee actually charged to the client may be an important factor, "whether or not [the client] agreed to pay a fee and in what amount is not decisive. * * * The criterion for the court is not what the parties agreed but what is reasonable" Johnson v. Georgia Highway Express, Inc., 488 F.2d 714, 718 (5th Cir.1974), quoting Clark v. American Marine Corp., 320 F.Supp. 709 (E.D.La.1970), affirmed 437 F.2d 959 (5th Cir.1971).
We remand to the district court to permit it to conduct a more thorough and detailed inquiry concerning application to this fee request of the twelve factors listed in Kerr, particularly with respect to the number of hours reasonably expended by attorneys for Sealy Inc. and the prevailing fees for work of similar nature and quality in the area. We express no opinion as to the proper amount of the ultimate fee award.
The judgment of the district court granting a permanent injunction is AFFIRMED; the award of attorneys' fees is REVERSED AND REMANDED for further findings consistent with this opinion.
Sealy also sued Easy Living, Inc., a bedding retailer. Easy Living settled with Sealy before trial, and is not party to this appeal
Ohio-Sealy's antitrust action against Sealy, Inc. has resulted in a number of reported decisions. Ohio-Sealy Mattress Mfg. Co. v. Duncan, 714 F.2d 740 (7th Cir.1983), cert. denied, --- U.S. ----, 104 S.Ct. 712, 79 L.Ed.2d 176 (1984); Ohio-Sealy Mattress Mfg. Co. v. Kaplan, 712 F.2d 270 (7th Cir.), cert. denied, --- U.S. ----, 104 S.Ct. 509, 78 L.Ed.2d 698 (1983); Ohio-Sealy Mattress Mfg. Co. v. Sealy, Inc., 669 F.2d 490 (7th Cir.), cert. denied, 459 U.S. 943, 103 S.Ct. 257, 74 L.Ed.2d 201 (1982); Ohio-Sealy Mattress Mfg. Co. v. Sealy, Inc., 585 F.2d 821 (7th Cir.1978), cert. denied, 440 U.S. 930, 99 S.Ct. 1267, 59 L.Ed.2d 486 (1979)
Because the district court engaged in the "regrettable practice" of adopting the findings drafted by the prevailing party wholesale, we review its findings with special scrutiny. Cher v. Forum Intern. Ltd., 692 F.2d 634, 637 (9th Cir.1982), cert. denied, --- U.S. ----, 103 S.Ct. 3089, 77 L.Ed.2d 1350 (1983)
Jill Slater, attorney for Sealy Inc., testified at her deposition that, in her view, all of the time spent by plaintiff's attorneys was spent usefully. The proper standard, however, is not whether the attorneys involved felt their time was usefully spent, but whether the time spent was reasonably necessary to the effective prosecution of plaintiff's federal trademark claims


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The Inescapable Chaos of Addis
For anyone living in a big city, having to tolerate loud and disturbing noise is part of the deal. But chaos at home where people go to seek peace and rest is something no one should have to bear. However, night clubs and bars that are setting up business in the middle of residential areas are forcing most Addis Abebans to bear the unbearable, and live under the curse of constant commotion that is affecting their daily lives, reports HAWI ABDISA, FORTUNE STAFF WRITER.
Bars and residential buildings that are found mingled together around summit safari area.
Yehabeshawork Ali is one of the residents in an apartment building around Semit Safari area, north of Addis Abeba. She had been a civil servant for over 45 years.
Now, at the age of 75, all that she wants is a quiet and peaceful place where she can take enough rest, meditate when necessary, and spend quality time with her family. But, this has been a far cry for Yehabeshawork for quite a while.
Despite the fact that the apartment she lives in is a place designed to be a residential area that included only gyms and stores, there is a bar and restaurant right in front of her home. And this is making life for her and her neighbours a living hell.
The restaurant transforms into a nightclub after the sun sets and pumps thunderous music to the neighbourhood, forcing the residents to have sleepless nights.
This is a reality for quite a number of residential sites in Addis Abeba. Lideta and Jemo condominium sites and Bole Chechnya is among the areas that people frequently complain about sound pollution, according to Lemesa Gudeta, Environmental Awareness and Pollution Control Team Coordinator at Addis Ababa Environmental Protection Agency.
It is not surprising to see nightclubs mingled with residential houses and blaring music throughout the night without any fear of legal consequences or a feeling of guilty consciousness.
"As if the nights are not enough, it goes on up to four o'clock in the morning at times," says Yehabeshawork. She has also been frequently disturbed not only by the loud music which is unbearable, but also by the commotion that usually follows when intoxicated club goers start fleeing out – shouting, fighting, and setting off car alarms.
A home is supposed to be a haven. It is a place where one goes to leave their day behind, and get away from the hustle and bustle of the city to refresh and spend some time with loved ones. Yehabeshawork's neighbour, who asked for anonymity, a mother of two toddlers who lives in the same apartment, claims that getting her kids to sleep is a daily challenge and has to struggle to go to bed herself against the pounding sound that comes from a club straight to her bedroom.
Most of the businesses which turn the peaceful nights of the residents of Addis Abeba into nightmares have trade names under the license category of bars and restaurants, Lemesa said. The Addis Ababa City Administration Trade Bureau grants licenses without undertaking any effort to confirm whether these businesses' locations are suitable for living areas, Lemesa added.
The other place where the problem of sound pollution knocked at its doors is Lideta Condominium site in Lideta District, Woreda 08. Behailu Kebede, a board chairman of Lideta Kokeb Cooperative Association and a resident at the condominium claims that he has made several attempts to solve the long-standing problem of noise around the area.
He has complained in written letters at the District and the City Administration's Trade Bureau levels to consult his association before granting licenses to restaurant and bar businesses at the condominium building. Nonetheless, all of his efforts were futile.
"The contractual agreement between the government and bidders who buy business places at condominium sites entails, among others, that the business organisation should avoid any act that disturbs the residents or else would face a shutdown," Behailu told Fortune.
What Behailu knows is that transgressing such an agreement should have brought the nightclub owners to justice or the closure of their businesses. "These particular cases seem to be compromised by the law enforcement bodies," he complained about the inaction of the public office.
It is not that the city does not have law enforcement offices. There are many of them indeed. Environmental Protection Division offices which are responsible for regulating environmental issues including sound or noise pollution are instituted in every District. If cases are beyond the regulatory capacity of the divisions at a district level, there is still the Addis Ababa Environmental Protection Agency to take care of them.
In fact, the divisions attempt to address the concerns, even though they mostly are ineffective. For instance, the environmental protection investigators from the Lideta District had been dispersed to the condo site in their district to measure the noise emission from the business houses. But they were not successful as the business owners muted the music when they got a tip that they will be investigated.
"But the random investigations did not come up empty-handed," says Behailu. Two business places called Elyna and Change Bar that were caught off guard while playing music at a tone beyond permissible got shut. But they were reopened after a month and picked up where they left off without any improvements whatsoever, Behailu recalls.
Currently, there are at least four nightclubs in Lideta Condo site, working every night and up until the early hours of the morning with loud music and commotions as usual, similar to that of the situation around Summit area. There was even an incident of intoxicated club goers who went into shooting live bullets at each other one night at Change Bar, one of the nightclubs in the area, according to Behailu.
Unlike the situation in Lideta, there is only one single nightclub, Birader Bar & Restaurant, wreaking havoc in Summit residential apartment. Despite the unanimous grievances from the residents, the owner of Birader claims that he knew of no such complaints.
"No one from the residents of this apartment ever came to me with such an issue," he told Fortune. He had heard a complaint only once from a residential block at the back of his bar, and after he changed the speakers, the complaints never came to him again.
He urges people to understand the nature of his business, but he also claims the sound is contained inside the club.
Another troublesome area when it comes to noise, disturbance and sleepless residents is the area informally known as Chechenya, located in the Bole district around Atlas Hotel. There is possibly the worst noise pollution around this area, as the number of nightclubs is almost innumerable. It is just behind these uncountable number of night clubs that residents live bearing the noise of the music and the turmoil.
The clubs are penetrating further into living areas since more and more buildings are being constructed and the clubs are forced to dislocate from their previous addresses, according to an anonymous resident. And this makes the disturbing noise multiple times worse.
The Ministry of Environment, Forest & Climate Change has set up a standard by which investigators measure the noise emitted from business areas and determine whether or not it is polluting. This standard has the general requirement set forth by the World Health Organization (WHO) as its basis.
The limit of noise allowed to be emitted from industrial areas should not be more than 75 decibels during the day and 70 decibels during nighttime, whereas for commercial areas like Merkato, sound up to 65 decibels is permitted for the day time and 55 decibels at night, according to the standard. For residential areas, on the other hand, the highest amount of sound emission is 55 decibels for the day and 45 at night.
Furthermore, the Environmental Pollution Control Proclamation provides the right for the appropriate authority to come up with standards for the level of noise providing for the maximum allowable noise. This provision shows that what lacks is not the law to solve the issue of noise pollution, rather it shows the implementation and enforcement of the law is poor.
Like any other pollution, noise emitted from business areas has created a negative externality that the businesses make a profit without actually having to pay for it, according to Haileselassie Medhin (PhD), director of Environment & Climate Research Center (ECRC) of the Ethiopian Development Research Institute (ERDI).
The noise emitted from bars and night clubs enables them to generate profit without costing them anything while the neighbours have to bear the unpleasantness, he added.
"Whoever has to pay for another person's business profits should get compensated," he argued.
Unwanted and disturbing sound causes much more than a little inconvenience or annoyance, according to WHO. It is a health hazard that leads to hearing impairments, bad hormonal responses, particularly of stress hormones and outrageous conducts like aggressiveness.
The constitution provides for every person's right to a clean and healthy environment. Thus considering WHO's assertion, a healthy environment could only mean one that is free of sound pollution which could only lead to the conclusion that the residential area bar businesses are operating in violation of the constitution.
"I am frequently suffering from migraines," Yehabeshawork said. "There are barely mornings I wake up feeling refreshed or rested; I always wake up with an intense headache."
By HAWI ABDISA
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