text:
Boredom, then a bombshell
The final broadcast session of the January 6 Committee on October 13 was not a hearing — there were no live witnesses — but, as specified by Chairman Thompson, they held "a formal committee business meeting so that, in addition to presenting evidence, we can potentially hold a committee vote on further investigative action based upon that evidence.". It was designed as a summary of the information presented during the hearings as a basis for the surprise (to me, at least) vote at the close to subpoena Donald Trump to testify.
Commentary about the meeting has been generally favorable, but I thought that it was poorly organized and repetitious. There were some new facts, but mostly the Committee offered a recapitulation of evidence presented at prior hearings. Presenting it in segments by several Committee members created overlap and confusion, some of the references were obscure, and it all went on for so long that it took some determination to stay until the end.
The most significant new information indicated that Trump knew and, on a few occasions, admitted or let slip that he had lost.
Alyssa Farah, White House Director of Strategic Communications: "I remember maybe a week after the election was called, I popped into the Oval just to like give the President the headlines and see how he was doing. And he was looking at the TV and he said, can you believe I lost to this effing guy?
Three comments by Cassidy Hutchinson:
On December 11, 2020, in a meeting with Trump and Meadows: "the President said I think — so he had said something to the effect of, I don't want people to know we lost, Mark. This is embarrassing. Figure it out. We need to figure it out. I don't want people to know that we lost."
On the 18th of December, 2020, "I said [to Mark Meadows] look, does the President really think he lost? And he said, you know, a lot of times he'll tell me that he lost, but he wants to keep fighting it. He thinks that there might be enough to overturn the election, but you know, he — he pretty much has acknowledged that he — that he's lost."
In a meeting after Trump's January 2, 2021 call to Secretary Raffensperger: "I said, Mark, you can't possibly think we're going to pull this off. Like, that call was crazy. And he looks at me and just started shaking his head. He was like, no, Cass, you know, he knows it's over. He knows he lost, but we're going to keep trying. There's some good options out there still. We're going to keep trying."
The Committee has issued its subpoena.[53] It was accompanied by a letter, signed by the Committee Chair and Vice Chair, which is an odd combination of deference and accusation. The former is in the polite salutation: "Dear President Trump." The rest of the letter reads like an indictment. Here is a sampling:
As demonstrated in our hearings, we have assembled overwhelming evidence, including from dozens of your former appointees and staff, that you personally orchestrated and oversaw a multi-part effort to overturn the 2020 presidential election and to obstruct the peaceful transition of power. This multi-part effort included, but was not limited to:
• Purposely and maliciously disseminating false allegations of fraud related to the 2020 presidential election in order to aid your effort to overturn the election and for purposes of soliciting contributions;
• Attempting to corrupt the Department of Justice, including by soliciting and enlisting Department officials to make false statements and aid your effort to overturn the presidential election;
• Without any evidentiary basis, illegally pressuring state officials and legislators to change the results of the election in their states:
• Orchestrating and overseeing an effort to obtain and transmit false electoral certificates to Congress and the National Archives;
• Despite knowing specifically that it was illegal, corruptly pressuring your own Vice President to unilaterally refuse to count electoral votes during Congress's joint session on January 6th; . .
After summing up with a reference to "your central role in the multi-part effort to overturn the results of the 2020 presidential election and to interfere with the peaceful transfer of power," the letter ends with what must be taken as another courtesy, as it certainly was not a realistic hope: "The Select Committee looks forward to your cooperation with this subpoena."
The subpoena calls for Trump's appearance on November 14, and demands production by November 4 of a wide range of documents pertaining to the election, the events of January 6, contacts with Committee witnesses and "fundraising efforts based on claims of election fraud or a stolen election."
Leaving the oddity of the letter aside, issuing a subpoena to Trump seems to me to have been a questionable move. It is unlikely that he will appear or produce documents, and already he has taken the opportunity, in a letter to Chairman Thompson, to denounce the Committee and play the martyr. Here is the muddled opening of his letter:
THE PRESIDENTIAL ELECTION OF 2020 WAS RIGGED AND STOLEN!
The same group of Radical Left Democrats who utilized their Majority position in Congress to create the fiction of Russia, Russia, Russia, Impeachment Hoax #1, Impeachment Hoax #2, the $48 Million Mueller Report (which ended in No Collusion!), Ukraine, Ukraine, Ukraine, the atrocious and illegal Spying on my Campaign, and so much more, are the people who created this Committee of highly partisan political Hacks and Thugs whose sole function is to destroy the lives of many hard-working American Patriots, whose records in life have been unblemished until this point of attempted ruination. . . . [54]
If Trump were to appear, he would make the same sort of speech; giving him a platform might undermine what the Committee has accomplished. On the other hand, Trump might make boasts that amount to confessions; he isn't know for subtlety or caution. On balance, though, I think that the Committee should not have issued the subpoena. The case against Trump is clear enough.
53. https://www.cnn.com/2022/10/21/politics/read-january-6-committee-subpoena-trump
54. https://s3.documentcloud.org/documents/23132276/830-am-final-january-6th-committee-letter14446.pdf
The new nationalism
"Nationalism" has a bad name today, thanks in part to various forms of misuse on the American right, including "white nationalism." It needn't be so and, at times, the term has had a positive connotation.
An example is the New Nationalism proclaimed by Theodore Roosevelt in a speech in 1910. His program has been described as follows: "[A]n espousal of active federal intervention to promote social justice and the economic welfare of the underprivileged. . . . His program called for a great increase of federal power to regulate interstate industry and a sweeping program of social reform designed to put human rights above property rights."[48]
Nationalism is not merely a set of policies, but an attitude toward one's country and its people. An illustration was set out in a recent column by David Brooks, referring to Ukrainian resistance to the Russian invasion: "They are winning because they are fighting for a principle which has two parts: The first is liberalism, which promotes democracy, individual dignity, a rule-based international order. The second idea is nationalism. Volodymyr Zelenskyy is a nationalist. He is fighting not just for democracy but also for Ukraine — Ukrainian culture, Ukrainian land, the Ukrainian people and tongue."[49]
Combining liberalism and nationalism seems illogical today; we think of them as political opposites. That view is not entirely without foundation but, as Brooks points out, there are two kinds of nationalism: "the illiberal nationalism of Vladimir Putin and former President Donald Trump," and the liberal nationalism of Zelenskyy. "The latter nationalism is forward-looking, inclusive and builds a society around the rule of law . . . ."
The alleged nationalism of the contemporary American right is, rather, a form of tribalism. It does not include us all, but is divisive, resentful and frequently involves racial, religious or ethnic bias. It has two forms. The first is essentially insurrectionist, aiming to seize or retain power by deceit, falsehood or force. The events surrounding January 6, 2021 illustrate this form.
The second is separatist, either by preference or as a fall-back if controlling the country proves impossible. This form is, in no small part, the old South in modern dress: exclusive, defiant, rebellious, ready to separate and set up a rival regime. Several states have taken a step in that direction by toying with nullification of federal laws. The League of the South combines faux nationalism with tribalism: it is a "Southern nationalist organization . . . whose ultimate goal is 'a free and independent Southern republic'."[50] Some Republican politicians have talked of secession.[51] It is not a coincidence that January 6 rioters carried Confederate flags; at times we seem to be reliving the mid-nineteenth century.
However, it is not only those on the right who have given up on America. Polls show that Democrats and independents also toy with the idea of seceding. Rather than reforming the nation, too many people are ready to destroy it.
Liberals should not reject the concept of nationalism. In their better moments, they revere the Constitution, but often fail to remember that it created not merely a set of individual rights, but a society, a more perfect union. We must somehow recapture that view and save that union.
48. https://www.britannica.com/topic/New-Nationalism
49. https://www.seattletimes.com/opinion/the-triumph-of-the-ukrainian-idea/
50. https://leagueofthesouth.com/
51. https://www.washingtonexaminer.com/news/wyoming-gop-chairman-secession-cheney-votes-impeach-trump
Another challenge for the left
Two or three sermons I have heard recently have emphasized stewardship. It is an element of religious belief which is important in many ways, notably in the current climate as a way of directing attention outward, toward helping others, rather than inward, focusing on grievance. Unfortunately, too much of what currently passes for Christianity in the public arena follows the latter path.
I've noted my puzzlement at the willingness of so many people to follow Trump. The tendency of many Christians to do so seems even odder, but the explanation may be the same as for others: a rebellion against a culture that no longer reflects their values and beliefs. As Michael Gerson puts it:, "From one perspective, the Christian embrace of populist politics is understandable. The disorienting flux of American ethical norms and the condescension of progressive elites have incited a defensive reaction among many conservative religious people — a belief that they are outsiders in their own land. . . .They fear their values are under assault by an inexorable modernity, in the form of government, big business, media and academia."[46] As I noted on September 23, I think that criticisms of liberal culture are to some degree valid, but have been exaggerated and manipulated by politicians on the right, in this case with aid from some religious leaders.
Another possible explanation for the support of Trump by some evangelicals is simply that they are political conservatives first, Christians second or, as John Danforth put it, "We have a strong inclination to let our politics determine our faith rather than the other way around."[47]
In any case, following Trump has a price: Gerson refers to "the perverse and dangerous liberties many believers have taken with their own faith. Much of what considers itself Christian America has assumed the symbols and identity of white authoritarian populism — an alliance that is a serious, unfolding threat to liberal democracy."
It might be tempting for those on the left simply to dismiss or denounce religious belief because of its politicization, but that would be a mistake. As with working families, Democrats need to reconnect to those of faith, and do so with a message of stewardship toward each other, toward future generations and toward the planet.
46. https://www.washingtonpost.com/opinions/2022/09/01/michael-gerson-evangelical-christian-maga- democracy/?utm_campaign=wp_opinions_pm&utm_medium=email&utm_source=newsletter&wpisrc=nl_popns&carta-url=https%3A%2F%2Fs2.washingtonpost.com%2Fcar-ln-tr%2F37ce5a1%2F63110860ab732227d003cec6%2F5b65de00ade4e2779564ed94%2F9%2F66%2F63110860ab732227d003cec6&wp_cu=2a4d9a84cac09584de627c38a40f6710%7C7782ec94-65f6-11e0-bbea-12313d08a5d6
47 Faith and Politics (2006), p. 213
October 31, 2022Boredom, then a bombshellThe final...
October 21, 2022The new nationalism"Nationalism" h...
September 30, 2022Another challenge for the left ...


In this course you will gain a solid foundation in a broad range of social science research methods as well as basic research skills.
You will acquire a general overview of the philosophy of social research, and understand how this informs research design, methods of data collection and analysis. You will also develop an ability to use a range of research methods, to communicate research findings effectively and an understanding of the potential use of and impact of your research within and beyond academia.
The module considers fundamental philosophical debates about what counts as 'knowledge' across the social sciences. Teaching addresses (natural) science as a method of obtaining knowledge and the interpretative tradition in the social sciences. Students explore fundamental philosophical debates about what counts as 'knowledge' across the social sciences and apply these discussions to their own disciplines and field of study.
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This MA is recognised by the ESRC for the provision of research methods training as Year 1 of a '1+3' programme of doctoral study. It is also available as a stand-alone Masters. Home/EU students may enter into a departmental competition to be nominated for the ESRC open competition for '1+3' or '+3' funding (the '1+3' award covers the MA and provides three years' further funding for PhD research; for '+3' funding you must already have an ESRC-recognised research methods MA degree or equivalent).


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Minnesota is a state famed for the number of its lakes, the cold temperatures of its winters, and the warmth of its people, the Minnesotans. In the "Land of 10,000 Lakes," the summer-time pleasures of fun on the water are only matched by the challenges of skating and fishing during the winter months. Home to the most northerly place in the Lower 48, this state's cities captivate visitors thanks to their wonderful shopping opportunities and varied culture, while the Minnesotans themselves captivate with their cheery Scandinavian charm.
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text:
CW lays criminal charges against SARS commissioner
By Corruption Watch 12 Dec 2016, 12:51
Corruption Watch has laid criminal charges against the South African Revenue Services (SARS) commissioner, Tom Moyane, in relation to the matter involving alleged fraud and corruption committed by two senior SARS employees, Jonas Makwakwa and Kelly-Ann Elskie. Charges were also laid against Makwakwa and Elskie directly, under case numbers 217/12/2016, 218/12/2016 and 222/12/2016.
In a letter addressed to Moyane on 25 October 2016, Corruption Watch expressed its concern over the way in which the commissioner had handled the matter, highlighting what it considered to be breaches of Section 34 of the Prevention and Combating of Corrupt Activities Act (Precca) as well as sections of the Financial Intelligence Centre Act (Fica). This relates to failures to report the matter to the Directorate of Priority Crime Investigations, commonly known as the Hawks, as well as breaches of Fica.
The commissioner responded in a letter dated 27 October that the Hawks had launched an investigation into racketeering and money laundering against the two employees. In addition, he stated that allegations of having breached Fica were untrue, and that his actions were authorised by the legislation.
After careful review of this letter, Corruption Watch wrote to both the FIC director, Murray Michel, and to the head of the Hawks, Lieutenant-General Berning Ntlemeza, to seek confirmation and clarity on aspects of Moyane's response. While the FIC has responded, the Hawks have not.
Corruption Watch is not satisfied with the contradictory statements made by Moyane and by the Hawks' spokesperson in the media or by Moyane's explanation in respect of breaches of Fica. Consequently, in the absence of any evidence to confirm averments made by Moyane, the organisation has no option but to proceed with lodging criminal complaints against the commissioner for failing to report these matters to the Hawks in terms of Section 34 of Precca as well as for breaching sections of Fica.
"Arguably the impunity enjoyed by politically well-connected people is the most serious impediment to effectively tackling corruption," said David Lewis, executive director of Corruption Watch. "We are determined that these charges, on the face of it clear violations of our anti-corruption statutes, be investigated and prosecuted. If the Hawks and the National Prosecuting Authority fail in the performance of their duties, we will do in all our power to prosecute these ourselves."
The lodging of these complaints are in the public interest, given the gravity of the offences which we suspect were committed by Moyane, Makwakwa and Elskie. Corruption Watch hopes that the relevant law enforcement agencies take all necessary steps to ensure that the allegations are investigated and where necessary, prosecuted.
Download this press statement.
Patience Mkosana 072 992 8380 E-mail: patiencem@corruptionwatch.org.za
Moira Campbell 083 995 4711 E-mail: moirac@corruptionwatch.org.za
Tags: financial intelligence centre, Directorate of Priority Crime Investigation, Tom Moyane, Jonas Makwakwa, Corruption Watch, Kelly-Ann Elskie, Hawks, corruption, Sars, fica
Edward Kieswetter is new head of Sars
New Sars boss to be appointed soon
CW makes submission to Nugent Commission of Inquiry into Sars
CW welcomes president's decision to suspend Moyane
CW to push for Makwakwa, Moyane prosecution
Protesting towards accountability
Urban land in Zim: power, politics and corruption

redpajama_set_name: RedPajamaCommonCrawl


text:
476 F. 3d 29 - Buck v. American Airlines Inc
476 F.3d
476 F3d 29 Buck v. American Airlines Inc
476 F.3d 29
Craig BUCK et al., Plaintiffs, Appellants,
AMERICAN AIRLINES, INC., et al., Defendants, Appellees.
United States Court of Appeals, First Circuit.
Heard January 9, 2007.
Decided February 7, 2007.
Evans J. Carter, with whom Evans J. Carter, P.C. was on brief, for appellants.
Matthew A. Porter, with whom Michael S. Shin and Dechert LLP were on brief, for appellees American Airlines, Inc., Alaska Airlines, Inc., Continental Airlines, Inc., Southwest Airlines Co., Airlines Reporting Corp., and Air Transport Association of America, Inc.
Ethan G. Shenkman, with whom Daniel M. Esrick, David W. Ogden, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellee Deutsche Lufthansa A.G.
Kevin C. Cain and Peabody & Arnold LLP on brief for appellees Aer Lingus Ltd., Alitalia-Linee Aeree Italiane S.p.A. d/b/a Alitalia Airlines, and British Airways, PLC, d/b/a British Airways.
Thomas J. Whalen, with whom Kathleen M. Guilfoyle, Campbell Campbell Edwards & Conroy, P.C., and Eckert Seamans Cherin & Mellott, LLC were on brief, for appellees China Eastern Airlines Co. and China Southern Airlines Co.
Before HOWARD, Circuit Judge, SELYA, Senior Circuit Judge, and SHADUR,* Senior District Judge.
SELYA, Senior Circuit Judge.
When the plaintiffs in this case purchased nonrefundable airline tickets that they ultimately were unable to use, they received no payback of any kind. In the lawsuit that followed, they conceded that they were correctly denied any refund of their base fares but accused the airlines of unlawfully failing to refund various fees and taxes that had been collected as part of the original ticket prices. The plaintiffs' core theory was that the word "nonrefundable" pertained only to their base fares, not to the various other charges (none of which became due without travel).
The district court found the plaintiffs' claims preempted and dismissed the suit for failure to state a viable cause of action. We too conclude that the plaintiffs are fruitlessly endeavoring to fly in unfriendly skies. Consequently, we affirm the order of dismissal.
On November 4, 2004, fifteen individuals filed suit against a number of airlines and related entities in a Massachusetts state court. The plaintiffs alleged that the defendants had wrongfully retained fees and taxes collected at the time of their purchase of nonrefundable tickets. This retention of funds was wrongful, the plaintiffs maintained, because they never used the tickets and, thus, the fees and taxes, which did not become due until the commencement of air travel, should have been returned.
The defendants removed the case to the federal district court. The plaintiffs, now reduced to nine in number, served an amended complaint (the operative pleading for our purposes) that named six domestic and seven international airlines as the culprits.1 The fees and taxes said to have been wrongly withheld include passenger facility charges, see 14 C.F.R. § 158.5; customs fees, see 19 C.F.R. § 24.22(g)(1); immigration fees, see 8 C.F.R. § 286.2; agricultural quarantine fees, see 7 C.F.R. § 354.3(f); security fees, see 49 C.F.R. § 1510.5; and charges on behalf of foreign sovereigns (collectively, the fees). The amended complaint named as additional defendants two trade associations (Airlines Reporting Corp. and Air Transport Association of America, Inc.), alleging that they had been complicit in allowing the airlines wrongfully to retain the fees.
The plaintiffs averred that, in keeping the fees, the defendants violated a host of federal regulations, most notably a regulation that provides:
A passenger shall not be bound by any terms restricting refunds of the ticket price, imposing monetary penalties on passengers, or permitting the carrier to raise the price, unless the passenger receives conspicuous written notice of the salient features of those terms on or with the ticket.
14 C.F.R. § 253.7. The plaintiffs claim that the retained fees constitute a forbidden monetary penalty, imposed without due notice. In this connection, they admit having had adequate notice that their tickets were nonrefundable; in their view, however, this only alerted them to the fact that they could not recover the base ticket price. They had no notice that the fees would be forfeit as well.
The plaintiffs cloaked this theory in pleochroic raiment; their multitudinous statements of claim included counts for declaratory judgment, rescission, breach of contract, unjust enrichment, breach of a covenant of good faith and fair dealing, breach of fiduciary duty, and civil conspiracy. In addition, the plaintiffs purposed to sue pursuant to an implied right of action arising under a federal regulation. Their prayer for relief requested certification of a class; a declaration that (i) the airlines had failed to provide adequate notice of an intention to withhold the fees and (ii) the airlines' retention of the fees was wrongful; treble damages; injunctive and other equitable remediation; and attorneys' fees.
A majority of the defendants moved to dismiss on the ground, inter alia, that all the claims were preempted by section 105(a) of the Airline Deregulation Act (ADA), 49 U.S.C. § 41713(b)(1). The district court granted the motion to dismiss. Harrington v. Delta Air Lines, Inc., No. Civ. A. 04-12558, 2006 WL 1581752, at *7-8 (D.Mass. Feb.21, 2006). The court, acting sua sponte, extended its ruling to cover those defendants that had not joined in the original motion.2 See id. This timely appeal followed.
II. STANDARD OF REVIEW
This case arrives on our doorstep following the entry of a judgment of dismissal pursuant to Rule 12(b)(6). Consequently, "we review the lower court's dismissal order de novo, accepting the plaintiffs' well-pleaded facts as true and indulging all reasonable inferences to their behoof." McCloskey v. Mueller, 446 F.3d 262, 266 (1st Cir.2006). In conducting that tamisage, however, "bald assertions, unsupportable conclusions, periphrastic circumlocutions, and the like need not be credited." Aulson v. Blanchard, 83 F.3d 1, 3 (1st Cir.1996).
III. DISCUSSION
We begin our analysis with the plaintiffs' lone federal-law claim3: their claim of an implied right of action under 14 C.F.R. § 253.4 and § 253.7. These provisions govern the disclosure of terms in contracts for air travel. Among other things, they prevent airlines from claiming the benefit of contract terms not incorporated by reference in a specified manner. See 14 C.F.R. § 253.4(a). They go on to restrict the authority of airlines to impose monetary penalties on passengers without clear notice. See id. § 253.7. In this instance, the plaintiffs argue that they were denied notice that they would forfeit the fees (in addition to the base fares) in the event that they did not use their nonrefundable tickets.
In support of this argument, the plaintiffs invoke the test formulated in Cort v. Ash, 422 U.S. 66, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975), which they insist controls whether a private right of action is to be implied in connection with a federal statute. Under that test, courts are to ask four questions:
[I]s the plaintiff a member of the class for whose "especial benefit" the statute was passed? Is there any cogent indication of legislative intent to create or deny the remedy sought? Would recognition of the remedy be "consistent with the underlying purposes" of the statutory scheme? Would it be inappropriate to infer a federal remedy because "the cause of action [is] one traditionally relegated to state law ..."?
Royal Business Grp., Inc. v. Realist, Inc., 933 F.2d 1056, 1060 (1st Cir.1991) (quoting and paraphrasing Cort, 422 U.S. at 78, 95 S.Ct. 2080) (alternations in original).4 The plaintiffs maintain that the regulations' goal is to protect consumers and, thus, that it is appropriate to imply a private right of action.
This argument cannot withstand scrutiny. In the first place, the plaintiffs misapprehend the relevant unit of analysis. Regulations alone cannot create private rights of action; the source of the right must be a statute. See Alexander v. Sandoval, 532 U.S. 275, 291, 121 S.Ct. 1511, 149 L.Ed.2d 517 (2001); Iverson v. City of Boston, 452 F.3d 94, 100 (1st Cir.2006). The regulations upon which the plaintiffs rely were promulgated pursuant to 49 U.S.C. § 41707—a statute that has its roots in the CAB Sunset Act, Pub.L. No. 98-443, § 7, 98 Stat. 1703, 1706 (1984). The CAB Sunset Act embodies a series of amendments to the ADA, which six years earlier had significantly revamped the Federal Aviation Act.5 We recently rejected an entreaty to imply a private cause of action pursuant to other regulations implementing the ADA. See Bonano v. E. Carib. Airline Corp., 365 F.3d 81, 84-85 (1st Cir. 2004). In the process, we made clear that, for the purpose of implying private rights of action, the Federal Aviation Act (and, hence, the ADA, see supra note 5) is barren soil. See id. There is nothing about the case at bar that shakes our confidence in that assessment.
To cinch matters, "[e]very court faced with the question of whether a consumer protection provision of the ADA allows the implication of a private right of action against an airline has answered the question in the negative." Casas v. Am. Airlines, Inc., 304 F.3d 517, 522 n. 7 (5th Cir.2002) (quoting Musson Theatrical, Inc. v. Fed. Express Corp., 89 F.3d 1244, 1252 (6th Cir.1996)); see Statland v. Am. Airlines, Inc., 998 F.2d 539, 540-41 (7th Cir. 1993) (declining to imply a private right of action under the statutory provision at issue in this case). We see no justification for creating a circuit split. Thus, we hold that the consumer protection provisions of the ADA do not permit the imputation of a private right of action against an airline and that, therefore, the plaintiffs do not have an implied right of action under 14 C.F.R. § 253.4 or § 253.7.
Lacking a federal-law cause of action, the plaintiffs are relegated to their array of state-law claims. See supra note 3. Yet, even though Massachusetts law offers them a cornucopia of vehicles for their theory that the fees should have been refunded, this bounty avails them naught; state-law claims premised on that theory cannot survive the ADA's broad preemptive sweep. We explain briefly.
Pertinently, the ADA declares that no state may "enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of an air carrier." 49 U.S.C. § 41713(b)(1). The Supreme Court has offered considerable guidance as to how this preemption provision should be construed. In Morales v. Trans World Airlines, Inc., 504 U.S. 374, 112 S.Ct. 2031, 119 L.Ed.2d 157 (1992), the Court referred to the "sweeping nature" of the preemption provision, emphasizing the reach of the provision's "relationship" language.6 Id. at 384, 112 S.Ct. 2031. The Morales Court held that the provision should be construed broadly.7 Id. at 384-85, 112 S.Ct. 2031. This court has explained that, under Morales, the ADA preempts both laws that explicitly refer to an airline's prices and those that have a significant effect upon prices. See United Parcel Serv., Inc. v. Flores-Galarza, 318 F.3d 323, 335 (1st Cir.2003).
Three years after Morales, the Supreme Court reaffirmed the breadth of the ADA's preemption provision. See Am. Airlines, Inc. v. Wolens, 513 U.S. 219, 223, 115 S.Ct. 817, 130 L.Ed.2d 715 (1995). However, the Court carved out an exception for "suits alleging no violation of state-imposed obligations, but seeking recovery solely for the airline's alleged breach of its own, self-imposed undertakings." Id. at 228, 115 S.Ct. 817. It follows that, in order to avoid preemption, the plaintiffs in this case must demonstrate either that their state-law claims do not constitute state enforcement related to airline prices or services, or that they can navigate the straits of the Wolens exception.
The plaintiffs' doctrinal starting point is the assertion that their claims are outside the ambit of ADA preemption because they seek to enforce federal, not state, regulatory requirements. At the heart of this assertion lies the dubious premise that since federal rules govern the airlines' collection of the fees and provide certain forms of passenger protection in the contracting process, only federal policies are being advanced by this litigation. On this telling, "[s]tate court enforcement of Federal law is not the same as enforcement of a State-imposed requirement," and the fact that the causes of action themselves spring from state law is less important than the source of the underlying policies. Appellants' Br. at 29. This is so, the plaintiffs asseverate, because federal preemption should not disrupt federal policies; after all, nationwide uniformity is the driver for preemption, see Morales, 504 U.S. at 378, 112 S.Ct. 2031, and that uniformity is not offended by enforcement of federal policies.
This sleight of hand will not work. While the plaintiffs strive to characterize their suit as one that invokes state remedies to right a federal wrong, that characterization does not ring true. More accurately, they are attempting to invoke state remedies to further a state policy: that those who are wronged should have individualized access to the courts in order to remediate that wrong. Cf. Santagate v. Tower, 64 Mass.App.Ct. 324, 833 N.E.2d 171, 176 (2005) (discussing how Massachusetts provides an "equitable remedy" for those without "an adequate remedy at law"). It is the imposition of this state policy that would constitute forbidden state enforcement, in violation of the ADA's preemption provision, because the ADA itself provides no private right of action.
As an alternative, the plaintiffs posit that allowing their suit to proceed "does not—and in fact cannot—affect the prices (or rates), routes, or services [of airlines], since the redress occurs only after the prices (or rates), routes, and services have been determined by the Air Industry." Appellants' Br. at 19-20. In their view, "[a]irline ticket prices (or rates) are composed of two separate components: (1) the fare prices (or rates) set by the airlines, which comprise the base cost of a ticket, and (2) the taxes, fees, and, charges imposed by the Government or other fee-levying authorities." Id. at 21.
This dichotomy blurs when contextualized within the contours of the "significant effect" doctrine. Although the fees are in one sense separate from the base fare, the two are inextricably intertwined. In all events, an air traveler's concern is with the overall cost of his or her ticket. Thus, when an airline establishes the base fare, it must take cognizance of any surcharges that will be imposed by operation of law.
It is freshman-year economics that higher prices mean lower demand, and that consumers are sensitive to the full price that they must pay, not just the portion of the price that will stay in the seller's coffers. For that reason, an airline must account for the fees when setting its own rates. It follows that a finding for the plaintiffs in this case would impact base fares—and since past judgments affect future behavior, this is as true of the retrospective relief requested by the plaintiffs as it is of the prospective relief that they request.
In view of these practical realities, it is not surprising that most of the courts to have considered suits for refunds of government fees associated with air travel have found those suits preempted.8 See, e.g., Statland, 998 F.2d at 542; Lehman v. USAIR Grp., Inc., 930 F.Supp. 912, 916 (S.D.N.Y.1996); Kaucky v. Sw. Airlines Co., No. 96 C 750, 1996 WL 267875, at *4 (N.D.Ill. May 17, 1996). These cases corroborate the inevitability of a finding of preemption.9
The plaintiffs next argue that their suit was improvidently dismissed because their contract-based claims fit within the Wolens exception. But the plaintiffs' amended complaint identifies only a single word—"nonrefundable"—as common to their contracts of carriage with a multitude of airlines. It seems fanciful to suggest, in the circumstances of this case, that the word "nonrefundable" alone can anchor a breach of contract claim.
The same result would follow even if, as the plaintiffs insist, the word "nonrefundable" is ambiguous. At best, an ambiguity would furnish a rejoinder to a claim that the airlines gave clear notice about fees being forfeit. It could not, without more, support a claim that the defendants have breached their duty to treat the tickets as "nonrefundable" by withholding both the fare and the fees.
The plaintiffs attempt to circumvent this conspicuous obstacle by latching onto the federal regulatory guidelines relating to the disclosure of terms in airline contracts. These guidelines, they suggest, are "federally mandated terms of their air travel contracts." Appellants' Br. at 20. In making this point, the plaintiffs again emphasize 14 C.F.R. § 253.7, the provision prohibiting the imposition of monetary penalties without clear notice.10 The plaintiffs allege that this regulation is written implicitly into every airline contract of carriage and thus, by retaining the fees, the airlines have breached their contractual duty not to levy an unwarned monetary penalty.
The plaintiffs have not directed us to a single case holding that a federal regulation incapable of spawning an implied private right of action may be enforced between private parties as an implicit contract term. The precedent that they most loudly trumpet—the Texas Supreme Court's decision in Delta Air Lines, Inc. v. Black, 116 S.W.3d 745 (Tex.2003)— is inapposite. The contract at issue there explicitly incorporated federal regulations. See id. at 755.
We conclude, without serious question, that the proposition asserted by the plaintiffs is untenable. As they conceded at oral argument, construing all federal regulations touching upon air travel as automatically incorporated into every airline's contracts of carriage would allow litigants freely to skirt the implied right of action doctrine. There is nothing to distinguish the regulation at issue here from the minerun of federal regulations touching upon air travel, and we will not countenance the flagrant undermining of Supreme Court doctrine that the plaintiffs invite.
Our reluctance is evidently shared by the Fifth Circuit, which confronted a similar problem in Casas. There, the plaintiff argued for a remedy under federal common law with respect to violations of regulations prescribed by the federal Department of Transportation. The court rejected this argument, observing that a contrary holding "would be, in substance, to craft a private right of action for violations of [the regulation]—and thus to circumvent the conclusion that the ADA, and therefore the regulations enacted pursuant to it, creates no private right of action." Casas, 304 F.3d at 525. Like the Fifth Circuit, we refuse to abet a blatant evasion of the implied right of action doctrine.
To say more on this point would be supererogatory. At bottom, the plaintiffs would have us believe that the implied right of action doctrine contains a gaping aperture that allows federal regulations, promulgated pursuant to a statute that creates no right of private enforcement, to be privately enforced through state-law mechanisms. We cannot imagine that the Supreme Court, which has devoted nearly three decades to cabining the implied right of action doctrine, see Richard H. Fallon et al., Hart & Wechsler's The Federal Courts and the Federal System 781-82 (5th ed.2003), would approve so vagarious a course. We hold instead that, because no implied right of action exists under the ADA and the regulation at issue here, the regulation cannot be read as an implied contract provision.
Next, the plaintiffs launch a naked appeal to public policy. They tell us that if state-law causes of action are denied them, there will be a wrong (the airlines' withholding of the fees) without a remedy. Put in more hyperbolic terms, a rejection of the plaintiffs' claims would render "almost all airline contracts and certain provisions of Federal law" meaningless. Appellants' Br. at 34.
The first half of this lament—that a finding for the defendants will jeopardize the enforceability of all airline contracts of carriage—is empty rhetoric. A finding for the defendants merely retains the configuration of the Wolens exception crafted by the Supreme Court, which limited that exception to "self-imposed undertakings." Wolens, 513 U.S. at 228, 115 S.Ct. 817. The second half of this lament—that a finding for the defendants will undercut the federal regulatory scheme—is equally baseless. Refusing to treat federal regulations as implied contract terms does not in any way diminish the efficacy of the regulatory scheme itself. Contrary to the plaintiffs' importunings, we do not think it "inexplicabl[e]" that Congress might view certain regulations as sufficiently important to warrant their promulgation, yet "not sufficiently important to permit [private] enforcement in any court." Appellants' Br. at 35.
What the plaintiffs fail to grasp is that the unavailability of private enforcement is not the same as the unavailability of any enforcement at all. We made that point in Bonano, 365 F.3d at 85, where we remarked upon the power of the Secretary of Transportation to conduct investigations and issue orders with respect to the airline industry. This led us to the conclusion that Congress's preference in this area is for public, rather than private, enforcement. See id.; see also 49 U.S.C. § 46106. In other words, Congress reasonably expected the regulations to be enforced by the Secretary. See Statland, 998 F.2d at 542.
In a last-ditch effort to pull a rabbit out of the hat, the plaintiffs venture a pair of procedural arguments. First, they say that their suit should not have been dismissed prior to the discovery of additional contract terms. This ipse dixit misapprehends the mechanics of Rule 12(b)(6) which, as we have interpreted it, requires that plaintiffs "allege a factual predicate concrete enough to warrant further proceedings." United States ex rel. Karvelas v. Melrose-Wakefield Hosp., 360 F.3d 220, 240 (1st Cir.2004) (internal quotation marks omitted); see Educadores Puertorriqueños en Acción v. Hernández, 367 F.3d 61, 68 (1st Cir.2004) (explaining that, to survive a Rule 12(b)(6) motion, "the complaint should at least set forth minimal facts as to who did what to whom, when, where, and why"). In a contract action, this irreducible minimum requires the pleader to "explain what obligations were imposed on each of the parties by the alleged contract." Doyle v. Hasbro, Inc., 103 F.3d 186, 195 (1st Cir.1996). The plaintiffs failed to achieve that benchmark here. Absent a minimally sufficient complaint, they were not entitled to discovery. See McCloskey, 446 F.3d at 271.
Second, the plaintiffs make a half-hearted argument that because some defendants annexed exhibits to their motions to dismiss, the district court should have converted the motions to motions for summary judgment. See Fed.R.Civ.P. 12(b). This argument is triply flawed. For one thing, conversion is wholly discretionary with the district court. See Beddall v. State St. Bank & Trust Co., 137 F.3d 12, 17 (1st Cir.1998). For another thing, none of the submitted materials bore upon the preemption issue, which is dispositive here. Third, and finally, the plaintiffs' brief is devoid of any developed argumentation on this point. Therefore, the issue is not properly before us. See Martinez v. Colon, 54 F.3d 980, 990 (1st Cir.1995); United States v. Zannino, 895 F.2d 1, 17 (1st Cir.1990).
IV. CONCLUSION
We need go no further. For the reasons elucidated above, we uphold the district court's order of dismissal.
Of the Northern District of Illinois, sitting by designation
Of the domestic airlines, American Airlines, Alaska Airlines, Continental Airlines, and Southwest Airlines remain as defendants. Two other domestic carriers (Northwest and Delta) have been dismissed due to ongoing bankruptcy proceedings. The international airlines named in the suit are Aer Lingus, Alitalia, British Airways, China Eastern Airlines, China Southern Airlines, Lufthansa, and Olympic Airways. Of these, six remain (Olympic Airways appears to have been dropped as a party). The Federal Aviation Administration (FAA) also was named, but the district court dismissed all claims against the FAA on grounds wholly unrelated to the issues raised on appeal
Those defendants had chosen instead to contest personal jurisdiction
Although the plaintiffs style "declaratory judgment" as a cause of action, the provision that they cite, 28 U.S.C. § 2201(a), creates a remedy, not a cause of actionSee, e.g., Muirhead v. Mecham, 427 F.3d 14, 17 n. 1 (1st Cir.2005) (noting that section 2201 "neither provides nor denies a jurisdictional basis for actions under federal law, but merely defines the scope of available declaratory relief" (internal quotation marks omitted)). The actual claims asserted by the plaintiffs, save only for the implied right of action claim, have their genesis in state law.
We previously have questioned the continuing vitality of theCort test. See Rolland v. Romney, 318 F.3d 42, 52 n. 9 (1st Cir.2003). At the very least, the second factor—legislative intent to create a remedy—appears to be ascendant. See id. Here, however, the plaintiffs cannot prevail even under the original Cort test. Thus, we elect to address their argument in the terms in which they have presented it.
For ease in reference, we henceforth will refer to the ADA, employing that acronym to encompass the entire scope of the revamped statute, including provisions that originated in the Federal Aviation Act
The version of the ADA in effect when the Court decidedMorales used the phrase "relating to" in place of the phrase "related to" (used in the current version). We heretofore have noted, and today reaffirm, that this slight change in terminology, which occurred in 1994, had no substantive effect on the provision and does not undercut the precedential value of Morales. See N.H. Motor Transp. Ass'n v. Rowe, 448 F.3d 66, 75 n. 11 (1st Cir.2006).
In adopting this expansive reading, theMorales Court relied, in part, upon its interpretation of similar language in the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1144(a). See Morales, 504 U.S. at 383-87, 112 S.Ct. 2031. This umbilical cord has since been severed. See United Parcel Serv., Inc. v. Flores-Galarza, 318 F.3d 323, 335 n. 19 (1st Cir.2003). Thus, the meaning of the ADA's preemption provision is no longer entwined with the meaning of ERISA's preemption provision.
We say "most" because at least one court has found to the contrarySee In re Air Transp. Excise Tax. Litig., 37 F.Supp.2d 1133, 1140 (D.Minn.1999). We regard that decision as mistaken.
In addition to alleging that the instant suit relates to price, the defendants also have argued that the suit relates to airline service. Since we find preemption on price grounds, we need not reach the question
The plaintiffs list a dizzying assortment of other federal regulations and describe them as relevantSee, e.g., 7 C.F.R. § 354.3(f); 8 C.F.R. § 286.4; 14 C.F.R. §§ 158.45, 158.47; 19 C.F.R. § 24.22(g)(4); 49 C.F.R. § 1510.9. These regulations, which dictate how airlines are supposed to collect and hold the fees, are too far removed from the contracts of carriage to give rise to a colorable claim that they are incorporated as contract terms. In all events, the plaintiffs offer no developed argumentation for the proposition that these peripheral regulations comprise federally mandated contract terms. Any such argument is, therefore, abandoned. See United States v. Zannino, 895 F.2d 1, 17 (1st Cir. 1990).


UPDATE: It's a long story, but short version is he had to have emergency back surgery last tonight. The doctors were VERY concerned about numbness he was having from his chest down as a result of a herniated disc. They were very worried about his bowel and bladder functions. Surgery went well, and he has been up moving around, but they are going to keep him another night just to take precautions. He is still having some numbness in his leg, but they are hopeful that when things settle down it will get better.


Take a trip on a train pulled by a steam engine. It lasts the whole day and there is only one departure. The train trips are always combined with special events, town feats and festivals.
Take a look and book your experience!


I was hoping for a spectacular sunset this evening. As the sun sank in the west, the clouds seemed just about right for something with a lot of color, covering the entire western sky with orange. As it turned out, we didn't get anything very bright. In fact, it just got dark. Not to say that a daily sunset isn't something for which to be thankful. We're so used to the daily cycle we take it for granted, but it's still a gift and it's beautiful in its own way without the bright color we sometimes get. So, I like this picture, even though it isn't what I was hoping to have.


Data science is a new and growing profession and many companies are scrambling to either find a data scientist or to increase their data team. But what exactly do these people do and how can they help all types of organizations?
At Super Forum 2017, we're excited to bring Brad Klingenberg, the Vice President of Data Science at Silicon Valley startup Stitch Fix, as a keynote speaker. He's going to talk about what data scientists can do for organizations and how they wrangle big data into actionable insights.
Here's a brief introduction to Brad, Stitch Fix and data science.
Higher Logic: First things first—what is a data scientist?
I think this is helpful in underscoring the unique position data science has at the intersection of so many disciplines. It's a big tent and includes much of statistics, computer science, and machine learning among other related fields depending on application (e.g. natural language processing). In practice, data science includes a wide range of activities including experimentation, statistical modeling, machine learning, designing and implementing algorithms, some data engineering and, in general, making decisions with data. Because of its' breadth, it's hard to find something much pithier than the definition from Josh.
HL: What are the qualities of a good data scientist?
BK: Data science requires a strong technical skillset, but that's often not what separates a great data scientist from a good data scientist. Beyond technical skills, two important qualities are: a maturity in framing problems and building models, as well as comfort with ambiguity.
The best data scientists are often the ones who know when a simple solution is the right one and don't overcomplicate their approaches - a preference that usually comes with experience working with data and models. Being comfortable with ambiguity is similarly important. Many people can excel when a clearly framed prediction problem is presented to them, but the best are those who can figure out what problems to solve in the first place. Defining the goal of a project, how to measure its success, and what exactly you are optimizing is often trickier and more important than commonly appreciated.
HL: What's the biggest misconception of data science?
BK: Given the enormous success and popularity of deep learning in recent years, one might think that this is the best approach for any problem. Sometimes it is, but many problems are better approached with other tools - particularly when the limiting factor is not the complexity of the predictive model.
There is also sometimes a misconception that data science is all about supervised learning, that is, making predictions. Supervised learning is important, but data scientists are also engaged in a wide variety of activities including experiments and inference, forecasting, measuring tradeoffs, optimization, and in many cases, figuring out what data to collect in the first place.
HL: How does someone end up as a data scientist? And what was your journey to becoming one?
BK: If data science were a river it would have many tributaries. I came to data science through applied statistics but many of my colleagues come from computer science, engineering and the quantitative sciences: physics, neuroscience, epidemiology etc. The best preparation is to have spent a lot of time manipulating data with code and trying to answer hard questions with data.
HL: What does your team do for Stitch Fix? And how does data science help you achieve your goals?
BK: One of the most interesting aspects of Stitch Fix is the degree to which data science is engaged with nearly every aspect of the business. As is well known, we use data science to help pick the best inventory to send to our clients. But we also use data in a wide variety of other ways including (but not limited to!) helping decide what inventory to buy, how to manage our inventory, forecasting client demand, personalizing our marketing, optimizing the operations of our warehouses, and helping decide what data to collect from clients.
You can find a fun overview of the ways that we use data science at: http://algorithms-tour.stitchfix.com/.
While there are many aspects of Stitch Fix that lend themselves to using data and personalization, I think the broad engagement of data science is a trend that we will start to see much more broadly in many industries and organizations - including nonprofits, B2B companies, and professional associations.
HL: What's the most interesting issue you've solved with data?
BK: One of the most fun problems we've been working on is using data and algorithms to design new clothes. While we've always used our feedback loops from client checkout data to iteratively improve our inventory, we have only recently begun to truly design new items using algorithms.
Even in its early stages, this new approach has produced some extremely successful new styles. I certainly never thought I'd be designing apparel! You can find some fun coverage of the topic in the WSJ: https://www.wsj.com/articles/next-top-fashion-designer-a-computer-1489323600.


Learning Spanish: The new hobby for adults!
Learning Spanish means adopting new ways of seeing, developing better multi-tasking, boosting your memory and even improving your first language. But if you do it in the right place and with the right people, it also means having the time of your life!
Full programme of cultural activities, including Ronda Spanish Tour, Flamenco Workshop, Hiking, Wine Tasting, Home Cooking, gardening with the local community, etc.
Two day-trips to Granada (including La Alhambra) and Nerja & Frigiliana, on the Costa del Sol, both being guided by their internal official guide.
Accommodation with local host families and three meals per day.
If you want to sign up for this course, you can write Mar Rodríguez, in charge of the Academic Department, at mrodriguez@entrelenguas.es. Registration is now open until 10 September.
Entrelenguas is like a cocktail shaker; a mixture of ingredients that gives you the taste of a cultural experience like no other. Travellers, learners and locals all meet here because we share a common interest – to get to know Ronda in a different way. The uniqueness of the space that we have created not only offers you a variety of Spanish courses but we also promote and support local and sustainable tourism through all of our diverse activities for travellers. We combine learning with tourism and cultural entertainment in our centre that helps our visitors to fulfill their desire of being able to immerse themselves into the place. It doesn't end there, we have created this open space for visitors who have travelled away from their countries to find a place where they can feel at home and welcome.
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Both my husband and I are interested in the course for over 55's on October 2017. Could you please forward more details including course costs and accommodation options.


Guaranteed Irish, the not-for-profit business membership organisation championing 550+ homegrown and international businesses in Ireland, has called on businesses in Ireland to prepare for new EU regulation that will ensure greater transparency in food labelling.
Provenance of food consistently ranks as one of the most important issues for EU consumers, and Guaranteed Irish is urging all businesses operating in the food and beverage sector to familiarise themselves with the new regulation and prepare for its implementation, which is due to take effect from April 2020, and require packaging to provide consumers with clear information about the origin of food sold in the EU.
However, it will not apply where geographic terms are used as part of customary or generic names that do not indicate the origin provenance of a food – such as Bolognese sauce or Turkish delight. Food names that are protected geographical indications or registered trademarks are also not affected by the regulation.
Welcoming the new regulation, Brid O'Connell, CEO of Guaranteed Irish, said: "In an increasingly globalised marketplace, there is a strong desire among consumers to know exactly where their food is originating, and we're keen to see the end of misleading labels in terms of origin and provenance.
Guaranteed Irish has over 550 business members – indigenous and international – which make a significant contribution to the Irish economy every year, both in terms of turnover and employment, as well as to their local communities. Guaranteed Irish members employ over 70,000 people in Ireland, generating a turnover of €11.2bn in 2018.
Membership of the Guaranteed Irish organisation is open to all businesses in Ireland and spans a range of sectors including food and drink; pharmaceutical; healthcare; technology; construction; energy; professional services; manufacturing; tourism; craft and design; retail; and lifestyle.
Members in the food and drink industry include Tayto; Manhattan; Clonakilty Black Pudding; Brennans Bread; Sadie's Kitchen; The Chocolate Garden of Ireland; St. Patrick's Distillery; Ballymaloe Foods; Pat The Baker; Sheridan's Cheesemongers; G's Gourmet Jams; Flahavans; Grandma Henvey; Johnston, Mooney and O'Brien; and more. The organisation considers three core criteria when assessing an applicant for membership – jobs, community and provenance.


text:
Growing rice faster – uncovering the triggers behind early canopy closure
By combining high-resolution image-based phenotyping with functional mapping and genome prediction, a new study has provided insights into the complex genetic architecture and molecular mechanisms underlying early shoot growth dynamics in rice.
The more rapidly leaves of a plant emerge and create canopy closure, the more successful the plant, in establishment, resource acquisition and ultimately yield. An early vigor trait is particularly important in aerobic rice environments, which are highly susceptible to water deficits. The timing of developmental 'triggers' or switches that initiate tiller formation and rapid exponential growth are a critical component of this trait, however, searching for the switch that initiates this growth has proven challenging due to the complex genetic basis and large genotype-by-environment effect, and the difficulty in accurately measuring shoot growth for large populations.
"The availability of large, automated phenotyping platforms, such as those at Australian Plant Phenomics Facility (APPF), allow plants to be non-destructively phenotyped throughout the lifecycle in a controlled environment, and provide high resolution temporal data that can be used to examine these important developmental switches," said PhD student, Malachy Campbell.
Malachy and team, including Bettina Berger and Chris Brien from the APPF, phenotyped a panel of ~360 diverse rice accessions throughout the vegetative stage (11-44 day old plants) at The Plant Accelerator® at APPF. A mathematical equation was used to describe temporal growth trajectories of each accession. Regions of the genome that may regulate early vigor were inferred using genome-wide association (GWA) mapping. However, many loci with small effects on shoot growth trajectories were identified, indicating that many genes contribute to this trait. GWA, together with RNA sequencing identified a gibberellic acid (GA) catabolic gene, OsGA2ox7, which could be influencing GA levels to regulate vigor in the early tillering stage.
Dr Malachy Campell in The Plant Accelerator® at the Australian Plant Phenomics Facility's Adelaide node
For some traits where genetic variation is controlled by a small number of loci, breeders can use MAS to identify individuals carrying the favourable locus/loci for the given trait, and select them for the next generation. For complex traits that are regulated by many loci, it becomes very difficult to detect loci that are associated with the trait. However, an alternative approach, genomic selection (GS), considers the total genetic contribution of all loci to the given trait. With this approach, loci across the genome can be used to predict the performance of individuals that have not yet been phenotyped (i.e. those in future generations). Since many loci were found to be contributing to early vigor, the team explored the possibility of using GS for improving this trait. Shoot growth trajectories could be predicted with reasonable accuracy, with greater accuracies being achieved when a higher number of markers were used. These results suggest that GS may be an effective strategy for improving shoot growth dynamics during the vegetative growth stage in rice. The approach of combining high-resolution image-based phenotyping, functional mapping and genome prediction could be widely applicable for complex traits across numerous crop species.
Read the full paper, published in The Plant Genome, here. (doi:10.3835/plantgenome2016.07.0064).


text:
Overwhelming Response to Our Lady of Fatima
marina posted on May 22, 2016 09:46
The Pilgrim Statue of Our Lady of Fatima visited our church and thousands of Catholics came to venerate and pray before the Blessed Mother.
Over a thousand people including: our school children, parishioners from our own church, other parishes in Brooklyn, members of our New York City Police Department and Catholics from all over New York City came to celebrate her arrival with a special crowning of her statue.
The NYPD Honor Guard escorted the statue into our church to applause and tears. The statue was carried by the NYPD Holy Name Society and accompanied by our school children who had just received their First Communion.
After the welcoming ceremony, the crowds never stopped with hundreds more coming to pray before her every single hour after that, including faculty from nearby schools, police, firemen, doctors, dentists, little children. Many stopped their busy day to take time out to pray in the presence of the Fatima statue. We were extremely honored that Deacon Kevin McCormack from Xaverian High School, put his busy day on hold to come pray with us for a few minutes. It was like that the entire day. People making the time to come pray with the Blessed Mother.
The rosary in the evening was said in English, Italian, Spanish and Polish. We were honored to have Father Joseph Gancila lead the rosary ceremony for us. Fr. Joe attended the ceremony despite having a broken foot. Fr. Joe is always there for us.
The special mass in honor of the Blessed Mother was celebrated by Monsignor Romano and concelebrated with pastors and priests from many neighboring parishes including: Monsignor Noone from Our Lady of Angels, Monsignor Caserta from St. Bernadette, Fr. Guy from St. Francis Cabrini, Fr. Joe Gancila from Mary Mother of Jesus, Fr. Toro and Fr. D'Antonio From St. Athanasuis, Fr. Andrew Soley, Fr. Raso, and Fr. Martin from Our Lady of Guadalupe.
The overwhelming crowd in attendance had the honor of listening to Monsignor Caserta deliver the most inspiring homily. His special and heartfelt words touched everyone that evening. More importantly, those in attendance remembered his words and took those words home with them.
Adding to the solemnity of the Mass and the inspiring words of Monsignor Caserta was the beautiful and emotional music provided by Mrs. Janet Cullen, the Our Lady of Guadalupe Children's Choir and Tone Chime Choir. This special visit of this special statue deserved only the most special music in honor of Our Blessed Mother and Mrs. Cullen and our children performed brilliantly.
In attendance, besides the huge amount of parishioners and visiting Catholics were members of the Polish School and apostolate, the Spanish apostolate, members of the Figli Maria SS Addolorata, members from San Crucifiso, Religious from St. Bernadette, Religious from Visitation Academy, faculty from Our Lady of Guadalupe, Home School Association from Our Lady of Guadalupe, Boy Scouts, Girl Scouts, Italian Apostolate, NYPD Holy Name Society, and Knights of Columbus.
From the first minute the Pilgrim Statue arrived Catholics of all ages, from all walks of life, those who are suffering from illness, those confined to wheelchairs, the elderly, the very young, married couples, mothers carrying their babies, school children of all ages, all prayed before her and left humbled and inspired.
People of all ages found it impossible to control their emotions…..grown men and women wept uncontrollably in the presence of the Pilgrim Statue.
Monsignor Robert Romano adds, "For this one moment, we all came together, stopped everything else in our lives and made the Blessed Mother the center of our lives, and the Blessed Mother smiled on all of us. This was truly a once in a lifetime experience that none of us will ever forget."
http://www.olguadalupe-brooklyn.com/Resources/News/articleType/ArticleView/articleId/7231/Overwhelming-Response-to-Fatima-Visit


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An Indian military plane with more than 20 people on board has gone missing over the Bay of Bengal, the Indian air force (IAF) has confirmed to the BBC.
The Antonov-32 transporter aircraft took off from Chennai (Madras) at 08:30 local time (03:00 GMT), bound for Port Blair in the eastern archipelago of Andaman and Nicobar.
It was scheduled to land at 11:30.
Four aircraft and twelve ships have been deployed to search for the missing plane, the ministry of defence said.
The IAF operates more than 100 Antonov-32 aircraft.
A navy spokesman told the Reuters news agency that surveillance planes and ships were looking for the missing aircraft, which was carrying service personnel to strategic islands near the Malacca Straits, where India has a military base.
India's ministry of defence initially deployed two airplanes and four ships to look for the missing aircraft.
Eight more warships have now joined the search.


text:
Сімекейка́си (, ) — присілок у Чувашії Російської Федерації, у складі Хочашевського сільського поселення Ядринського району.

Населення — 167 осіб (2010; 184 в 2002, 288 в 1979, 429 в 1939, 476 в 1926, 428 в 1897, 387 в 1858).

Історія
Історичні назви — Семікей, Семікеєва, Семікейкаси. Засновано 18 століття як околоток села Хочашево. До 1866 року селяни мали статус державних, займались землеробством, тваринництвом. У кінці 19 століття діяли вітряк, водяний млин та кузня, працювали різні майстерні. 1930 року утворено колгосп «імені Володарського». До 1927 року присілок входив до складу Хочашевської та Шуматовської волостей Ядринського повіту, з переходом на райони 1927 року — спочатку у складі Ядринського, у період 1939–1956 років — у складі Совєтського, після чого повернуто назад до складу Ядринського району.

Господарство
У присілку працюють спортивний майданчик та магазин.

Примітки

Посилання
 На Вікімапії
 Чуваська енциклопедія

Населені пункти Ядринського району
Присілки Чувашії

redpajama_set_name: RedPajamaWikipedia


text:
A Hymn of Christ: Philippians 2:5-11 in Recent Interpretation & in the Setting of Early Christian Worship
Ralph P. Martin
InterVarsity Press, Sep 20, 2009 - Religion
Philippians 2:5-11, long cherished and mined for its riches, has shaped the very language and architecture of orthodox Christian confession of Christ. Whether in contemporary worship or devotional reading, all Christians have found this Pauline passage speaking with memorable and evocative power. Yet few scriptural texts have generated as much interpretive comment and controversy. Close inspection of its lines raises important questions of the meaning of terms, the principal affirmations regarding Christ's nature and work, the function of these verses within the argument of Philippians and the possibility that the poetry of verses 6-11 reveals the shape of an early Christian hymn. And if these verses constitute a hymn, what does it disclose of its original setting and the nature of early Christian worship? Ralph Martin's study of this passage was originally published in 1967 under the title Carmen Christi and then reissued in 1983 with a new preface. For thirty years it has been widely and uncontestedly recognized as the indispensable work for any serious interpretation of Philippians 2:5-11. Now reissued as A Hymn of Christ, this classic work includes a new preface that brings readers abreast of critical issues in the interpretation of this text since 1983. Once again a foundational volume on Pauline theology is made available to students of Scripture.
Lord of the Cosmos: Mithras, Paul, and the Gospel of Mark
Michael Patella
Ralph Martin (1925-2013) was a distinguished New Testament scholar and a significant figure in the post-World War 2 resurgence of British evangelical scholarship. Born in Anfield, Liverpool, England, his early education was interrupted in 1939 by the war, and he was conscripted to work in the coal mines of Lancashire. After the war he pursued ministerial training at Manchester Baptist College and in 1949 earned his B.A. at the University of Manchester. In 1963 he completed his Ph.D. at King s College, University of London. In 1969 Martin joined the faculty of Fuller Theological Seminary in Pasadena, California, where he would serve as professor of New Testament from 1969 to 1988, and director of the graduate studies program beginning in 1979. He resumed his teaching there in 1995 as Distinguished Scholar in Residence. Throughout his academic career he stayed involved in preaching, teaching laypeople and other pastoral ministry. He was the author of numerous studies and commentaries on the New Testament, including Worship in the Early Church, the volume on Philippians in The Tyndale New Testament Commentary series, and 2 Corinthians and James in the Word Biblical Commentary, for which he also served as New Testament editor.
Title A Hymn of Christ: Philippians 2:5-11 in Recent Interpretation & in the Setting of Early Christian Worship
Author Ralph P. Martin
Publisher InterVarsity Press, 2009
Religion / Biblical Commentary / New Testament