text:
Progressive Animal Welfare Society v. University of Washington
Superior Court: The Superior Court for King County, No. 87-2-12914-4, Frank D. Howard, J., on November 24,…
Peiffer v. Pro-Cut Cutting & Breaking Inc.
¶ 76 "[T]he trial court must provide sufficient information concerning its fee determination to enable…
Full title:PROGRESSIVE ANIMAL WELFARE SOCIETY, Appellant, v. THE UNIVERSITY OF…
Court:The Court of Appeals of Washington, Division One
54 Wn. App. 180 (Wash. Ct. App. 1989)
54 Wash. App. 180
The Court of Appeals of Washington, Division One
No. 21517-5-I.
[1] Open Government — Public Disclosure — Attorney Fees — Amount — Discretion of Court. Under RCW 42.17.340(3), trial courts have broad discretion in determining a reasonable amount of attorney fees to award a party who prevails against an agency in an action for access to public records.
[2] Open Government — Public Disclosure — Statutory Provisions — Construction — Similar Federal Act. Judicial interpretations of the Freedom of Information Act, 5 U.S.C. § 552, are persuasive authority for interpreting the public disclosure act, RCW 42.17.
[3] Open Government — Public Disclosure — Attorney Fees — Amount — Variation From Request — Refusal To Negotiate. A refusal to negotiate by a party seeking disclosure of public records is a factor which can justify a reduction of the party's attorney fee award.
[4] Open Government — Public Disclosure — Attorney Fees — Amount — Determination — New Evidence. At a posttrial hearing to determine the amount of attorney fees due a prevailing party in an action for access to public records, RCW 42.17.340(2) does not prevent the trial court from considering evidence not before it during the trial.
[5] Open Government — Public Disclosure — Attorney Fees — Amount — Variation From Request — Reasons in Record. A trial court must set forth in the record its reasons for deciding to depart substantially from the attorney fee request of a prevailing party. The justification and its application in determining the fee award must be sufficient to permit meaningful appellate review.
Nature of Action: Action seeking release of forms pursuant to the public disclosure act. Superior Court: The Superior Court for King County, No. 87-2-12914-4, Frank D. Howard, J., on November 24, 1987, entered a judgment requiring disclosure but awarded the plaintiff less than half the amount of attorney fees it requested.
Court of Appeals: Holding that the trial court should have specified in the record its reasons for awarding the plaintiff substantially less attorney fees than requested, the court vacates the attorney fee award and remands the case for a redetermination of that award.
John T. Costo, for appellant.
Kenneth O. Eikenberry, Attorney General, and Noella Hashimoto, Assistant, for respondent.
[As amended by order of the Court of Appeals July 19, 1989.]
WINSOR, J.
The Progressive Animal Welfare Society (PAWS) appeals an award of attorney fees made in conjunction with its action against the University of Washington (University) for public disclosure law violations. The trial court awarded PAWS substantially less fees than it requested. We vacate the award and remand for reconsideration.
This action arises from PAWS' request for University forms describing the procedures, experimental design, and objectives of proposed animal research projects. The University, through a letter from John Coulter, essentially denied PAWS' request, but left the matter open for negotiation. Coulter's letter concluded:
[T]he entire project review form constitutes a policy formulation document and will not be released to you. It is difficult to determine what, if any, deletions could be made . . . I would, however, be willing to discuss this with you and have included a blank form for your information. Please call me . . . if you would like to discuss this further.
Coulter subsequently conferred with Mitchell Fox, of PAWS, and offered to release parts of the requested forms. Fox refused this offer, saying it was his belief the entire form was PAWS' for the asking, "it was not in PAWS' best interests to negotiate the matter with him, and that [PAWS] preferred to let a judge determine what portions of the form may be exempt."
PAWS then filed a public disclosure suit against the University in which it sought release of the forms and its attorney fees. The parties orally stipulated that the subject of the trial court's de novo review would not be Coulter's letter, but would instead be a subsequent denial letter from Emily Hill, University Public Records Officer. Hill had written in response to a second request for the forms, which PAWS made in order to satisfy exhaustion of administrative remedies requirements. Hill's letter, written after PAWS filed suit, did not contain a negotiation offer.
The trial court determined that the University had not proven the forms were exempt from disclosure, and ordered their release. The court did not require release of sections of the forms detailing specific research hypotheses and experimental methodology. According to the University, these are essentially the same deletions Coulter proposed to Fox.
PAWS moved for a $9,390 attorney fee award. The University opposed PAWS' motion, claiming the fees sought were unreasonable. The University also cross-moved for an award of its own fees, arguing that because PAWS had obtained no more than Coulter offered before PAWS filed suit, the University was the prevailing party. PAWS objected, arguing in part that as a result of the parties' stipulation, Coulter's letter was not properly before the court. The court admitted Coulter's letter for attorney fee considerations only.
The trial court found PAWS to be the prevailing party and awarded it $3,500 in attorney fees. In its oral opinion, the court explained that it awarded PAWS less fees than requested because:
the position of the parties taken, both prior to the litigation and as to what would be disclosed and what was attempted to be negotiated without actual litigation, together with the position taken on the litigation ensued as to what could properly be disclosed or should be disclosed.
TRIAL COURT'S DISCRETION TO DETERMINE REASONABLE ATTORNEY FEES
A party who prevails against an agency in a court action for access to public records is entitled to an award of reasonable attorney fees. RCW 42.17.340(3). This provision of the public disclosure act, like all provisions of the act, is one that "shall be liberally construed to promote . . . full access to public records". RCW 42.17.010.
[1] PAWS contends that given a liberal construction, the mandatory nature of RCW 42.17.340(3) deprives a trial court of discretion to award less than 100 percent of attorney fees incurred, absent a clear and convincing showing of blatant unreasonableness. No relevant authority is cited for this proposition, which is contrary to the rule that trial courts have broad discretion to fix reasonable fee awards. Allard v. First Interstate Bank, 112 Wn.2d 145, 148, 768 P.2d 998 (1989). Generally, in fixing a reasonable fee, the amount of time "actually spent by the plaintiff's attorney may be relevant, but it is in no way dispositive." Nordstrom, Inc. v. Tampourlos, 107 Wn.2d 735, 744, 733 P.2d 208 (1987); see also Boeing Co. v. Sierracin Corp., 108 Wn.2d 38, 65, 738 P.2d 665 (1987) (a party's "[f]ee requests may be adjusted upward or downward"). If, for example, the case is one that was very likely to be won, the trial court should consider whether the lawyers spent undue time preparing the case. Nordstrom, Inc., 107 Wn.2d at 744.
PAWS relies on Columbian Pub'g Co. v. Vancouver, 36 Wn. App. 25, 671 P.2d 280 (1983). That case did not involve a challenge to the trial court's attorney fee award.
Neither the requirement of liberal construction, nor the mandatory nature of RCW 42.17.340(3), affects a trial court's discretion to adjust a fee request. In Holland v. Boeing Co., 90 Wn.2d 384, 392, 583 P.2d 621 (1978), an employment discrimination action brought under RCW 49.60, the trial court reviewed an attorney fee award. RCW 49.60 is similar to the public disclosure act in that its provisions must be liberally construed, and successful litigants are entitled to an award of reasonable attorney fees. RCW 49.60.020, .030(2). Nevertheless, the Holland court left to the trial court's discretion determination of the amount of fees awarded to the prevailing party.
The only mandate of RCW 42.17.340(3) is that the trial court award reasonable attorney fees to a prevailing party. It remains within the trial court's discretion to determine what fee is reasonable.
GROUNDS FOR FEE REDUCTION
Alternatively, PAWS contends that the trial court's attorney fee award should be vacated because the court's reasons for reducing the fee award were untenable. PAWS argues that the court should not have considered its refusal to negotiate because the public disclosure act does not require requesting parties to negotiate, and a negotiation requirement would infringe on the act's effectiveness. We disagree.
[2] Washington's public disclosure act closely parallels the federal Freedom of Information Act (FOIA), 5 U.S.C. § 552. Therefore, "judicial interpretations of that act are particularly helpful in construing our own." Hearst Corp. v. Hoppe, 90 Wn.2d 123, 128, 580 P.2d 246 (1978). Under the FOIA, an award of attorney fees is discretionary and the trial court may not award attorney fees unless the plaintiff "substantially prevailed." 5 U.S.C. § 552(a)(4)(E). Significantly, an FOIA plaintiff does not substantially prevail if the requested material would "have been released without the lawsuit." Crooker v. United States Parole Comm'n, 776 F.2d 366, 367 (1st Cir. 1985); accord, Vermont Low Income Advocacy Coun., Inc. v. Usery, 546 F.2d 509, 513, 36 A.L.R. Fed. 519 (2d Cir. 1976) (to obtain fee award plaintiff must show that the action was reasonably necessary and "had substantial causative effect on the delivery of the information."). Thus, when an agency inadvertently misplaced an FOIA request, and the requesting party instituted suit without first contacting the agency about the request, the trial court properly denied attorney fees. Murty v. Office of Personnel Mgt., 707 F.2d 815 (4th Cir. 1983). The requesting party had "not only exacerbated the delay in his own case, but also contributed a probably unnecessary law suit to the large overburden already creating a crisis situation in the courts." Murty, 707 F.2d at 816.
[3] This interpretation of "substantially prevailing party" effectively requires potential FOIA plaintiffs who seek award of attorney fees and costs to negotiate with an agency before filing suit, unless it is apparent that negotiation would be fruitless. We adopt this requirement for potential plaintiffs under Washington's public disclosure act, as it is consistent with our policy of discouraging unnecessary litigation. Although federal courts consider a plaintiff's failure to negotiate to be determinative of whether the plaintiff is a prevailing party, we see no reason why such failure cannot instead be used to reduce a fee award. Accordingly, we find no error in the trial court's use of PAWS' blanket refusal to negotiate as a reason to reduce its attorney fee award.
Precedent for this approach exists in the area of attorney fee awards in marriage dissolution proceedings. There, an important consideration "is the extent to which one spouse's intransigence caused the spouse seeking the award to require additional legal services." In re Marriage of Morrow, 53 Wn. App. 579, 590, 770 P.2d 197 (1989).
[4] PAWS also argues that the trial court erred in awarding reduced attorney fees because it relied on evidence not before it at trial. Specifically, PAWS contends that pursuant to RCW 42.17.340(2) the trial court should not have considered the Coulter letter containing an offer to discuss PAWS' disclosure request. PAWS misconstrues the applicability of RCW 42.17.340(2). This provision establishes that a trial court conducting a de novo review of a disclosure request denial cannot consider evidence outside the record. It does not, however, concern evidence that can be considered in a posttrial hearing on attorney fees.
Indeed, trial courts routinely consider new evidence in attorney fee hearings: fee affidavits are normally required, and testimony concerning the reasonableness of the requested fee award may be heard. See, e.g., Travis v. Washington Horse Breeders Ass'n, Inc., 111 Wn.2d 396, 411, 759 P.2d 418 (1988). PAWS has cited no authority indicating that this practice should not apply to public disclosure act attorney fee hearings. The trial court did not err by considering Coulter's letter.
CALCULATION OF FEE AWARD
PAWS also contends that its attorney fee award should be redetermined because the trial court failed to show on the record how it arrived at the figure of $3,500. We agree. While we do not find the award to be patently unreasonable, and recognize a trial court's broad discretion to modify fee awards upward or downward, we cannot affirm this particular award without some indication in the record of how the court reached the $3,500 figure.
[5] No reported case addresses computation of reasonable attorney fees under the public disclosure act. However, regardless of what computation means is used, the trial court must provide sufficient information concerning its fee determination to enable meaningful appellate review. See Bowers v. Transamerica Title Ins. Co., 100 Wn.2d 581, 596, 675 P.2d 193 (1983) (quoting Copeland v. Marshall, 641 F.2d 880, 890 (D.C. Cir. 1980)). In attorney fee disputes, as well as in other areas, we have emphasized that "knowledge of the basis for a trial court's ruling or decision is often essential to enable [us] to properly dispose of an appeal." State v. Agee, 89 Wn.2d 416, 420, 573 P.2d 355 (1977). Thus, in attorney fee cases we have stressed the need for entry of findings indicating what factors the trial court relied on to reduce or enhance a fee request, and how the trial court arrived at the particular fee awarded. E.g., Bowers, 100 Wn.2d at 596; Travis v. Washington Horse Breeders Ass'n, Inc., 47 Wn. App. 361, 368 n. 3, 734 P.2d 956 (1987), rev'd on other grounds, 111 Wn.2d 396, 759 P.2d 418 (1988).
In Consumer Protection Act cases, the trial court preliminarily calculates a "lodestar" in making an attorney fee award. E.g., Bowers v. Transamerica Title Ins. Co., 100 Wn.2d 581, 596-97, 675 P.2d 193 (1983). A somewhat different approach is used in other situations. See Allard, 112 Wn.2d at 148-50.
The findings needed for meaningful review would not ordinarily require such details as an explicit hour-by-hour analysis of each lawyer's time sheets. However, when as here, a trial court awards substantially less than the amount of attorney fees requested, it should at least indicate what part of the lawyer's work the court discounted as unnecessary or unreasonable, how much of the lawyer's hourly fee the court found excessive, or the manner by which the court reduced or denied a fee request due to the party's failure to adopt a reasonable negotiating posture.
In the instant case, we can discern from the trial court's oral opinion its reason for making a reduced attorney fee award, namely, that PAWS refused to negotiate prior to resorting to litigation. We uphold the court's reliance upon that reason. We cannot, however, discern how that factor was applied to arrive at the particular award made here.
We therefore vacate PAWS' attorney fee award and remand this matter to the trial court for examination on the record of a fee award for PAWS. If appellant is awarded a larger attorney fee on remand, it shall be deemed to have substantially prevailed on this appeal, in which event the trial court is directed to assess and award to appellant reasonable attorney fees and costs for this appeal.
SCHOLFIELD and FORREST, JJ., concur.
After modification, further reconsideration denied July 26, 1989.
Review granted at 113 Wn.2d 1023 (1989).


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11 March 2019 - 21:24
Trump 'does not know the difference between truth and lies': Sanders
US Senator Bernie Sanders, who announced he is running for president again in the 2020 elections, has lashed out at US President Donald Trump, calling him a "pathological liar," who "embarrasses" the United States daily.
RNA - Speaking at a campaign rally in in Concord, New Hampshire on Sunday, the Independent senator from Vermont who caucuses with Democrats, accused the president of constantly defending authoritarianism, and added that Trump "does not know the difference between truth and lies."
"As many of you know, all over the world today, there is a great struggle taking place between a growing or authoritarianism and democracy. And Trump is consistently on the wrong side of that struggle," he said.
"Time and time again he has words of praise and affection for those leaders who despise democracy, while picking fights with longtime democratic allies. Democracy is about serious debate over public policy, not having a president who is a pathological liar and has told thousands of blatant lies since he is in office," he stated.
"Now I don't care, people in a democracy have different points of view -- and all of us have conservative friends that we argue --we have a debate. But it is not acceptable to me and I think not acceptable to vast majority of the American people no matter what their political perspective is, that we have a president who simply does not know the difference between truth and lies," he added.
Sanders continued that "Trump told the world very clearly how he feels about democracy and dissent, when he refused to criticize Saudi Arabia after that despotic regime murdered a journalist in cold blood."
The 77-year-old lawmaker described as beyond disgraceful Trump's reference to the American media as enemies of the people.
The Vermont senator stressed that such attitude is that of a demagogue who instead of accepting responsibility for his actions, claims that what everyone is saying about him is a lie.
Sanders, who has been a relentless critic of Trump, has also called him "the most dangerous president in modern American history."
"We are running against a president who is undermining American democracy as he leads us in an authoritarian direction," Sanders said in an email to Reuters last month after announced his 2020 election campaign.
According to Press TV, Trump has in turn railed against what he claims is the Democratic Party's turn to socialism, citing the rising popularity of Sanders and Representative Alexandria Ocasio-Cortez, both self-proclaimed democratic socialists.
A former mayor of Burlington, Vermont, Sanders won a US House of Representatives seat in 1990, making him the first independent elected to the House in 40 years. In 2006, he won a US Senate seat and in 2018 was voted in for a third six-year term.
Sanders made an unsuccessful bid for the presidency in 2016, losing out to Hillary Clinton, who was in turn defeated by Trump.
His call for universal health care, a $15 minimum wage and free public university education has gained huge strong support among young liberals.
He mounted a fierce challenge to Clinton as he spoke to swelling crowds and garnered passionate support on social media. His 2016 campaign also rejected the use of corporate money and instead relied on small-dollar donations.
Tags: Bernie Sanders Trump US
Short Link rasanews.ir/201rT4
Biden wants an end to US support for Saudi war on Yemen
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redpajama_set_name: RedPajamaCommonCrawl


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Some Ukrainians move up Christmas to part ways with Russia
Dec 24, 2022, 10:07 AM | Updated: Dec 25, 2022, 5:53 am
Ukrainian army medics Eugenia and Oleksander embrace after their wedding ceremony in Lyman, Donetsk region, Ukraine, Saturday, Dec. 24, 2022. (AP Photo/Libkos)
(AP Photo/Libkos)
BOBRYTSIA, Ukraine (AP) — Ukrainians usually celebrate Christmas on Jan. 7, as do the Russians. But not this year, or at least not all of them.
Some Orthodox Ukrainians have decided to observe Christmas on Dec. 25, like many Christians around the world. Yes, this has to do with the war, and yes, they have the blessing of their local church.
The idea of commemorating the birth of Jesus in December was considered radical in Ukraine until recently, but Russia's invasion changed many hearts and minds.
In October, the leadership of the Orthodox Church of Ukraine, which is not aligned with the Russian church and one of two branches of Orthodox Christianity in the country, agreed to allow faithful to celebrate on Dec. 25.
The choice of dates has clear political and religious overtones in a nation with rival Orthodox churches and where slight revisions to rituals can carry potent meaning in a culture war that runs parallel to the shooting war.
For some people, changing dates represents a separation from Russia, its culture, and religion. People in a village on the outskirts of Kyiv voted recently to move up their Christmas observance.
"What began on Feb. 24, the full-scale invasion, is an awakening and an understanding that we can no longer be part of the Russian world," Olena Paliy, a 33-year-old Bobrytsia resident, said.
The Russian Orthodox Church, which claims sovereignty over Orthodoxy in Ukraine, and some other Eastern Orthodox churches continue to use the ancient Julian calendar. Christmas falls 13 days later on that calendar, or Jan. 7, than it does on the Gregorian calendar used by most church and secular groups.
The Catholic Church first adopted the modern, more astronomically precise Gregorian calendar in the 16th century, and Protestants and some Orthodox churches have since aligned their own calendars for purposes of calculating Christmas.
The Synod of the Orthodox Church of Ukraine decreed in October that local church rectors could choose the date along with their communities, saying the decision followed years of discussion but also resulted from the circumstances of the war.
In Bobrytsia, some members of the faith promoted the change within the local church, which recently transitioned to being part of the Orthodox Church of Ukraine, with no ties to Russia. When a vote was taken last week, 200 out of 204 people said yes to adopting Dec. 25 as the new day to celebrate Christmas.
"This is a big step because never in our history have we had the same dates of celebration of Christmas in Ukraine with the whole Christian world. All the time we were separated," said Roman Ivanenko, a local official in Bobrytsia, and one of the promoters of the change. With the switch, he said, they are "breaking this connection" with the Russians.
As in all the Kyiv region, Sunday morning in Bobrytsia began with the sound of sirens, but that didn't prevent people from gathering in the church to attend a Christmas Mass on Dec. 25 for the first time. In the end, there were no attacks reported in the capital.
"No enemy can take away the holiday because the holiday is born in the soul," the Rev. Rostyslav Korchak said in his homily, during which he used the words "war," "soldiers," and "evil" more than "Jesus Christ."
Anna Nezenko, 65, attended the church in Bobrytsia on every Christmas since the building was inaugurated in 2000, although always on Jan. 7th. She said she did not feel strange doing so Sunday.
"The most important is the God to be born in the heart," she said.
In 2019, Ecumenical Patriarch Bartholomew, the spiritual leader of the Eastern Orthodox Church, granted complete independence, or autocephaly, to the Orthodox Church of Ukraine. Ukrainians who favored recognition for a national church in tandem with Ukraine's political independence from the former Soviet Union had long sought such approval.
The Russian Orthodox Church and its leader, Patriarch Kirill, fiercely protested the move, saying Ukraine was not under the jurisdiction of Bartholomew.
The other major branch of Orthodoxy in the country, the Ukrainian Orthodox Church, remained loyal to Moscow until the outbreak of war. It declared independence in May, though it remains under government scrutiny. That church has traditionally celebrated Christmas on Jan. 7.
Arhirova reported from Kyiv, Ukraine. The Associated Press religion correspondent, Peter Smith, contributed from Pittsburgh, Pennsylvania.
Puyallup man accused in substation vandalism is released from custody
A federal judge issued the order for Matthew Greenwood, 32, after renewed efforts by his attorney to get Greenwood into a drug-treatment facility.
Democrats in Washington state choose Conrad as new leader
The Washington State Democratic Party has chosen Shasti Conrad, the former leader of King County Democrats, as its new chair.
Man accused in holiday substation vandalism released from custody
A man charged with vandalizing electrical substations over the holidays to cover a burglary was released from federal custody.
LOS ANGELES (AP) — Those killed by a gunman who opened fire at a Los Angeles-area dance hall are being remembered by friends and family for the zest for life that brought them out that night to celebrate the Lunar New Year. Eleven people were killed when a gunman opened fire on Saturday night at […]
DALLAS (AP) — Two monkeys were taken from the Dallas Zoo on Monday, police said, the latest in a string of odd incidents at the attraction being investigated — including fences being cut and the suspicious death of an endangered vulture in the past few weeks. No arrests have been made in any of the […]
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GSBA, Comcast, and other partners are working to address disparities in access to financial resources with the Ready for Business fund.
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The SHIBA program – part of the Office of the Insurance Commissioner – is ready to help with your Medicare open enrollment decisions.
Choosing Best Windows for Your Home
Lake Washington Windows and Doors is a local window dealer offering the exclusive Leak Armor installation.
Come one, come all! Food, Drink, and Coastal Christmas – Anacortes has it all!
Come celebrate Anacortes' 11th annual Bier on the Pier! Bier on the Pier takes place on October 7th and 8th and features local ciders, food trucks and live music - not to mention the beautiful views of the Guemes Channel and backdrop of downtown Anacortes.
The revolutionary treatment of Swedish CyberKnife provides better quality of life for majority of patients
There are a wide variety of treatments options available for men with prostate cancer. One of the most technologically advanced treatment options in the Pacific Northwest is Stereotactic Body Radiation Therapy using the CyberKnife platform at Swedish Medical Center.


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Jets' Unable To Win It Without A Passing Game
By By JERRY BEACH
| The Sports Xchange |
Dec 01, 2014 | 11:55 PM
EAST RUTHERFORD, N.J. — Caleb Sturgis' third field goal, a 26-yarder with 1:57 left, lifted the Miami Dolphins to a come-from-behind, 16-13 win over the New York Jets on Monday night at MetLife Stadium.
With the win, the Dolphins (7-5) moved into a six-way tie for the second wild card in the AFC. However, Miami is currently in a playoff position by virtue of tiebreakers.
Quarterback Ryan Tannehill set up the winning score with 18- and 17-yard completions to tight end Dion Sims during an eight-play, 57-yard drive.
Tannehill finished 25 of 35 for 235 yards with one interception. Miami running back Lamar Miller had 13 carries for 56 yards and a touchdown.
[Related] ESPN hires Ryan Leaf as college football analyst »
The Jets fell to 2-10 despite rushing for 277 yards on 49 carries, including 105 yards on 17 attempts by running back Chris Johnson. However, quarterback Geno Smith (seven of 13 for 65 yards with one interception) was a complete non-factor, and usually reliable kicker Nick Folk missed two of four field-goal attempts.
Smith directed the Jets to their own 44-yard line in the final minute, but his pass over the middle glanced off the chest of tight end Jeff Cumberland and into the hands of Dolphins safety Reshad Jones.
ESPN hires Ryan Leaf as college football analyst
Tony Romo is the greatest in his sport. That sport being celebrity golf, of course.
Giants eventually must decide how big a contract extension to offer Saquon Barkley
The Jets jumped out to a 10-0 lead. They did all they could to keep the ball out of Smith's hands by calling 29 rushes and just six passes in a first half that ended with New York nursing a 10-3 advantage.
The teams traded field goals in the third quarter, so New York led 13-6 heading to the final quarter.
Jets wide receiver Saalim Hakim was flagged for holding on a Jets punt early in the fourth, which gave the Dolphins the ball at the New York 39-yard line. Six plays later, Miller scored the game-tying touchdown from 4 yards out.
Notes: At halftime, the Jets inducted former wide receiver Wayne Chrebet and former owner Leon Hess into their Ring of Honor. Chrebet, who signed with the Jets as an undrafted free agent out of Hofstra in 1995, spent 11 seasons with the Jets and ranks among the club's top three all-time in receptions, receiving yards and touchdowns. … The Jets released LB Antwan Barnes and activated TE Chris Pantale from the practice squad. Pantale was active in place of TE Jace Amaro, who missed the game with a concussion. … Dolphins QB Ryan Tannehill made his 44th straight start, the longest streak by a Miami signal-caller since Dan Marino started 46 consecutive games from 1996 through 1999. … Among the Dolphins' inactives were TE Charles Clay, who missed his second straight game with knee and hamstring injuries, and CB Cortland Finnegan, who was scratched for a third consecutive game due to a left ankle injury.
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Prairie style architecture: DeKalb, Illinois Part 2	February 8, 2008
Posted by dr. gonzo in Architecture, Prairie style.
I have already discussed DeKalb, Illinois' most obvious example of Prairie style architecture, the oft-mistaken for a Frank Lloyd Wright work A.O. Anderson House. While prominent it isn't the only example of the style in the city. In fact, there are other examples of the style by architects much more well-known than John S. Van Bergen. Augusta Avenue is a good place to start, within a block of the Anderson House are two examples of architecture by a key Prairie architect.
1908 – Dr. F.N. Rowan House
At 250 Augusta Avenue is the Dr. F.N. Rowan House, a Tudor Revival influenced structure designed by Oak Park, Illinois architect E.E. Roberts, though it is clearly not full-blown Tudor Revival. The curvilinear dormer seen here was a trademark of his Prairie style work. In fact, if you look, you can see other Prairie influences on the house, the broad, flat roof of the large porch, the porch itself, the overhanging eaves, all elements of Prairie style. Hipped roof are not a requirement. The half timbering, though, screams Tudor Revival. Roberts was an important architect who designed hundreds of homes in Oak Park alone. While Roberts is considered a Prairie architect, he never had any working association with his nearby rival Frank Lloyd Wright and always kept to his own vision of Prairie style architecture. The Rowan House was built in 1908.
1904 – Etna J. Wiswall House
Across the street from the Rowan House, but still facing Augusta, is the E.J. Wiswall House. The Wiswall House is another example of Roberts' work in DeKalb, this one showing more of a Prairie tilt. While Roberts' credit for the home isn't a 100 percent certainty it very closely resembles a Roberts designed home in Oak Park and he is generally credited with having won the Wiswall commission. The house is clad entirely in stucco, features a large, pillar-supported porch, and hipped roofs with broad overhanging eaves; all hallmarks of Prairie style architecture. The house is believed to have been constructed in 1904.
Seemelessly blended with nature, the front door just isn't where you'd think it should be. C. 1895 Rankin House.
Of the early Prairie style works in DeKalb the Rankin House at 200 W. Locust Street was, perhaps, done by the most pre-eminent architect of the group. The stucco clad, two-story Rankin House may well indeed be the work of architect George W. Maher. Maher was a noted Chicago Prairie style architect whose John C. Farson House (better known as Pleasant Home) in Oak Park has been declared a National Historic Landmark. The Rankin House has a front door that just isn't where you would expect it. The home was built c. 1895.
The door is along the east side, along with a large chimney.
It's unknown whether the house was designed by Maher for sure, there are other candidates for its design, it is very similar, along with another DeKalb house at 594 W. Lincoln Hwy, to other Maher commissions.
The layout of the chimney and portico is reminiscent of John S. Van Bergen's work. 1924 – 115 N. First St..
Another DeKalb Prairie style house is found at 115 N. First Street. This is another example of a home without a known architect, more research is needed. The tall rectangular chimney located on the front of the north facade, near the portico (wiki), is found in the same layout in a 1910 John S. Van Bergen designed apartment complex in Oak Park. Possible evidence of his hand? Hard to say.
The main entrance is located along the north facade, not the front (east facade).
The house is a nice Prairie example, broad, overhanging hip roofs, a large, pillar supported front porch, and a main entrance moved to side in lieu of a lot of glass, allowing the natural light to pour into the structure. The building also appears to hug the ground, an appearance that is enhanced by the building being set into a hillside.
Both sides feature porticos and the home has a Prairie-style horizontal emphasis.
Both the north and south facades feature porticos, and the north facade's (seen two images above) layout reinforces the horizontal emphasis of the home. The Prairie style house on First Street, with the green tile roof, dates from about 1924.
You can get more detail about all of these houses in the articles linked below. The Wikipedia entries that are linked (mostly by me, for you) will give you more information about the architects and other information mentioned in this post. Enjoy.
*F.N. Rowan House: 2004 Daily Chronicle article
*F.N. Rowan House: Old Photo – 1970s photograph
*E.J. Wiswall House: 2005 Daily Chronicle article
*E.J. Wiswall House: Old Photo – 1970s photo
*Rankin House: 2005 Daily Chronicle article, another 2005 article
*Rankin House: Old Photos – Oldest known photo; 1970s – 1, 2
*115 N. First Street: 2005 Daily Chronicle article
*Wikipedia: John S. Van Bergen, E.E. Roberts, John C. Farson House (all by me), George W. Maher (not by me)
A keen eye will spot other examples of Prairie architecture in DeKalb, something we will explore at a later date. Tomorrow, follow me to the tiny village of Esmond, Illinois.
1.	Paul Ringstrom - February 8, 2008
I was told that the owner of DeKalb-based MicroSolutions has a NEW prairie style home somewhere in the NW area of DeKalb. Do you know of it? Maybe you can post photos of any new prairie styles homes too.
There seems to be a movement in architecture that is bringing back some neo-Prairie (as well as other styles classified under the Arts and Crafts Movement), I see it around town and have seen several articles in Architectural Digest and other publications recently. Haven't heard about that house, wonder where it's at? There is the Kishwaukee Hopsital, which looks more like Unity Temple than a full blown Prairie style building. There is a large brick building on Bethany Road, near 23, that exhibits some Prairie influences (hip roof, windows in horizontal bands, a general horizontal emphasis to the structure). There are other neo-Prairie buildings to be sure, as well as several other examples of from the Prairie style era.


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Sen. Martin Heinrich Says New UFO Videos Appear Too Advanced for Humans
Sen. Martin Heinrich NEW UFOs TOO ADVANCED FOR HUMANS
LET'S GET TO THE BOTTOM OF THIS
Count Sen. Martin Heinrich among those who think there's something otherworldly about the UFO sightings in our skies ... he says the technology is too advanced for humans.
We got the Senator from New Mexico on Capitol Hill Wednesday and asked him about the UFO sightings pilots in the Armed Forces say are becoming very common.
Sen. Heinrich is definitely intrigued by the new UFO footage, telling us it's something Congress needs to investigate, because everything he's seeing tells him the crafts aren't being built or piloted by people.
It's interesting ... the Senator says if foreign governments had this kind of advanced technology, there would be other indications of their capabilities, and he says that's just not the case.
As we reported ... Sen. Marco Rubio says UFOs pose a risk to our national security and it's an issue that needs addressing. He says some senators aren't taking UFOs seriously, but Sen. Heinrich is definitely not in that boat.
@jeremycorbell / Instagram
It sounds like we could be closer to getting answers, Rubio's demanded a report on UFOs from the Pentagon that's expected to be made public in about a month, but in the meantime, Heinrich tells us why it's unlikely humans are responsible for what we're seeing.
Video Shows UFO Flying Near U.S. Navy Ship, Disappearing Into Ocean
'Ancient Aliens' Dr. Kaku Says New UFOs a Sign of Highly Advanced Aliens, Possibly
You Might Want to Rethink Politix Exclusive NASA


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Style guide on "illegal immigration" and "illegal immigrants"
As of Apr. 3, 2013, the Associated Press altered its widely-used style guide to no longer allow the use of "illegal immigrant" and "undocumented immigrant." We reviewed 20 major media entities to see what terminology they used. As of Mar. 9, 2016, 20 of 20 use "illegal immigration," 20 of 20 use "undocumented immigrant," 5 of 20 use "illegal immigrant," and 0 of 20 use "illegal alien."
We use "illegal immigration" to refer to the act of immigrating illegally. We refer to people who have entered the United States without proper legal documentation and who are deportable if apprehended, and people who have entered the United States legally but who have fallen "out of status" and are also deportable as "people who are in the United States illegally," "people who have immigrated illegally," "people in the country illegally," or "undocumented immigrant."
Our sites contain quotes from various sources over years of this debate; we have not altered words used by our sources.
20 media entities and their use of various terms in the illegal immigration debate (as of 3/9/16) uses
immigration" uses "undocumented immigrant" uses
"illegal immigrant" uses "illegal alien"
# out of 20 that use the term 20 20 5 0
1 ABC yes yes no no
2 Associated Press (AP) yes yes no no
3 CNN yes yes no no
4 FOX Latino yes yes no no
5 Hispanic Leadership Network yes yes no no
6 Huffington Post yes yes no no
7 Los Angeles Times yes yes no no
8 Miami Herald yes yes no no
9 National Association of Hispanic Journalists yes yes no no
10 National Public Radio (NPR) yes yes no no
11 NBC/MSNBC yes yes no no
12 New York Times yes yes yes* no
13 Reuters yes yes yes no
14 Society of Professional Journalists yes yes no no
15 TIME yes yes no no
16 Univision yes yes no no
17 US NEWS yes yes no no
18 USA Today yes yes yes no
19 Wall Street Journal yes yes yes no
20 Washington Post yes yes yes no
* discouraged by the New York Times style guide
ProCon.org. (2016, March 10). Style guide on "illegal immigration" and "illegal immigrants". Retrieved from https://immigration.procon.org/additional-resources/style-guide-on-illegal-immigration-and-illegal-immigrants/
ProCon.org, "Style guide on "illegal immigration" and "illegal immigrants"," ProCon.org. last modified March 10, 2016. https://immigration.procon.org/additional-resources/style-guide-on-illegal-immigration-and-illegal-immigrants/.
ProCon.org, "Style guide on "illegal immigration" and "illegal immigrants"." ProCon.org. 10 Mar. 2016, immigration.procon.org/additional-resources/style-guide-on-illegal-immigration-and-illegal-immigrants/
ProCon.org. "Style guide on "illegal immigration" and "illegal immigrants"." ProCon.org. Last modified on March 10, 2016. Accessed January 20, 2020. https://immigration.procon.org/additional-resources/style-guide-on-illegal-immigration-and-illegal-immigrants/


How To Stay Best Friends After School?
Leaving high school can be hard on a friendship. Some friends will drift away because of distance and new interests. But best friends are priceless, and you need to do what you can to keep them.
Talk with your friend about her/his plans for the summer and next year.
© Copyright 2019 Ellen-m-site.com All rights reserved.


More than fifty different Power Rangers every one has it's own skills. Pick three of your best Rangers and fight against monsters and minions, in that never-ending running action game.
Simple and intuitive controls. You can control all Rangers simultaneously. Attack and jump with one button.
Upgrade and power up your Ranger with E-Coins (use Power Rangers Dash mod to get unlimited coins).
Instructions: Download modded apk. Install. Enjoy!


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50 Shades of Grey: Porn for the 99%
June 19, 2012 June 19, 2012 / Sarah
While everyone's chuckling behind their hands at the poor, sad stay at home moms who allegedly fueled the success of 50 Shades of Grey, these giddy arbiters of fine taste and judgment are missing a much more obvious explanation for the book's popularity.
The book isn't just mommy porn, it's consumerism porn for all the people who feel wronged by the current economy and need to live lavish sex lives vicariously through James's poorly-written leads. Trust me on this.
Anastasia Steele — and I cannot begin to express to you how many times I've rolled my eyes at that name — is the ultimate representation of starry-eyed innocence. She's a virgin, yes, but she's also a recent University graduate. As such, she should feel like she has the whole world in front of her but, like so many recent graduates, she is instead entering an uncertain and frightening job market. Eternal cliche that she is, Anastasia wants to move from her small Washington town to Seattle and work at a publishing house, so she and her best friend get internships. While it's not stated whether these are paid or unpaid, I would assume that two girls with BAs from a low-level school probably wouldn't be paid for their time and effort right out of the gate.
But apart from her ambitions or intelligence — both of which are vouched for by the author, but neither of which are evident in the text itself — Anastasia is the definition of average. Average looks, average talents, average intelligence and average wealth. So what makes the narrative of this book so intriguing for so many women is the idea that someone so thoroughly ordinary could be swept up on a white horse by a man who can buy anything, do anything and will make all of her decisions for her. It's the figure of Christian that sets this book apart from the Harlequin romance novels crammed into supermarket checkout aisles. The white knight isn't exotic and foreign, nor is he a farmhand here to teach a city girl about a simpler kind of life. Bartenders, cowboys and boys from the wrong side of the tracks who take you away from your hum-drum life and show you some excitement are normally the figures of fantasy and romance. But when your hum-drum life is a little less certain, and a little more desperate, the figure of the ideal man changes. It's not the sex that makes 50 Shades of Grey so inviting, it's the desire on the part of the reader to return to this state of adolescence through a philanthropic super-lover who can hold up a golden umbrella and ride out the story economy with you.*
Christian Grey's particular kink — S&M — is also important to this sense of childlike security. He tells Ana (there — that's better) when to eat, what to wear, where to go and occasionally rewards her with the kind of orgasms only seen in Penthouse Forum — if she's "been good." Perhaps more important is the fact that a kink like S&M (or at least Christian's version of it) can only be achieved through consumerism. He has an entire room dedicated to his fetish, complete with expensive furniture and objects made specifically for S&M-related activities. There are no cheap and easy rolls in the hay — every sexual encounter is underlined by a corporate-style business agreement and involves shiny new equipment. There's an uncomfortably Brave New World-esque feeling to this idea that even sex requires a plethora of accessories to be truly satisfying. And that idea is catching on. Rope sales have apparently skyrocketed, as have visits from normal-looking folks to sex shops (because apparently only real freaks went before), and of course the book itself hasn't wavered from its top spot on the New York Times list.
So, no — the blame for the furor surrounding 50 Shades of Grey can't be heaped on the shoulders of repressed housewives. Instead, its success is more closely linked to the kind of people who are — guiltily or not — addicted to the goings-on of the many Kardashians or any the Real Housewives of wherever. It is, put quite simply, consumerism porn — not mommy porn.
*Please forgive the awful alliteration, metaphors and adjectives — I spent way too long with this book.
BDSM, consumerism porn, mommy porn, Penthouse forum, S&M, The Kardashians, The Real Housewives
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11 thoughts on "50 Shades of Grey: Porn for the 99%"
NP! I figured you didn't mean it that way, but like you just said the critics seem to be inferring, this seems like a sort of dangerous stereotype… Insulting to say the least 😉 I would bet that this book should more aptly be blamed on all the publicity they gave it in the first place. Now INTELLIGENT people (like you) are slogging through it just to see what all the fuss is about…and then they have the nerve to blame "simple women."
But even more intelligent women like you are staying far away.
Either way, when something gets this much hype people have got to stop kidding themsevles — everyone and their dog is reading it. I do love how "bad" writing by women is trash that ought to be lit on fire and removed from the annals of time, but the Grishams and Pattersons of the world are treated as tradesman who have a place — just not a very distinguished one — at the table.
Great insight on the puzzling popularity of this series…although I was hoping for a few ridiculous quotations, haha.
I think you raised an interesting point about "stay at home moms" – this demographic gets "blamed" for a lot of things in North American culture. I don't think even teenagers get derided for their taste as much as they do. Economically speaking, I guess it makes sense to think of your target market in these kind of demographical terms, but it's always made me uncomfortable how the media etc. will snobbishly dismiss the intelligence of a huge and incredibly varied group of people.
I think this has little do with "taste" and lot to do with the tendency to ignore the labour of women and view SAHMs as a bunch of lazy, desperate idiots. I don't think I'd be wrong in saying that being a "stay at home mom" is a full time job for most mothers – none of this 9 to 5 bullshit. It's a very small majority of very wealthy mothers who don't constantly, and I imagine most of them are otherwise busily engaged in volunteer activities, etc. The stay at home mom that the media imagines is the core audience of 50 Shades is a fiction.
Anyway, thanks for the great writing, as always.
^ Yay!
Ha. I know, I know. I'm tempted to do another Hilarious Quotes post, but I feel cheap and slimy for having written this many articles about this book to begin with. The SAHM thing is baffling because there is this assumption that only one kind of woman becomes one — which is an even stranger and less likely theory in our current economic reality where many people (and not just women) are getting laid off and have a hard time finding a job, or just choose to take time to raise their children or tend to their home rather than enter the capital W "Workplace."
That said, I think the group that deserves to be derided is not the figure of the bible-toting, simple-minded stay-at-home mom, but rather these self-declared intellectuals who have no desire to critically analyze or investigate the reason for a phenomenon. And, like it or not, this book is just that: it's an event. It's something to be studied. It's easy to laugh at it. It's easy to dismiss it. But it's far more interesting and worthwhile to try to understand it.
Thanks for the compliment — and for reading!
simonreadbooks
Great blog . . . although I have to say my wife is a SAHM and works her ass off. Thankfully, when it comes to reading, she prefers Steinbeck and Capote!
I really should have qualified that statement and/or made it clearer that I was joking. I have all the respect in the world for women who stay at home and essentially work as a childcare worker, housekeeper and personal shopper — on top of usually pursuing some other ambition like writing. A lot of snide people are calling 50 Shades "mommy porn" and blaming its success on SAHMs, which I simply meant to say was unfair, and almost certainly not true, given how well it's sold.
"While everyone's chuckling behind their hands at the poor, sad stay at home moms who allegedly fueled the success of 50 Shades of Grey, "
Please, let's not blame SAHM's for this piece of shit's sales popularity… O.O I would NEVER read this tripe, let alone BUY it!
I'm pretty sure that the only thing stay at home moms are responsible for is daytime TV.
Mmmm…. not I. Most of the SAHMs I know are too busy to watch excessive amounts of TV anyhow. (I HATE soaps and shit.) Plus I'm more of a videogame and Stephen King freak. Wonder what kind of books my kid will read (HINT: (Not Twilight or 50 Shades…LOL)
Sorry, I really should've made those comments clearer. I have no issue or disdain for SAHMs, and I have no doubt that they are not all Maury-watching potato-chip-munchers, but the critics of 50 Shades essentially claim otherwise and smug reviewers seem to love blaming this book on "simple women," which is ridiculous for a lot of reasons.


The conspicuous island off the N coast of Robert Island, South Shetland Islands situated 470 m SSW of Heywood Island and 920 m NNE of Cornwall Island. Extending 760 m in E-W direction. Bulgarian mapping in 2008 Named after the settlement of Rogozen in Northwestern Bulgaria in connection with the Rogozen Thracian treasure.


text:
Country music chart insider. Townsquare Media/WYRK on-air overnights and fill-ins/board operator/street team. Hockey fan. Hufflepuff. Goofball.
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