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Home > Journals > MHLR > Vol. 45 > Iss. 3 (2019)
Mitchell Hamline Law Review
Torts: Missing the Forest for the Factors—Frederick v. Wallerich, 907 N.W.2D 167 (Minn. 2018)
Michelle Gibbons
45 Mitchell Hamline Law Review 1045 (2019)
Gibbons, Michelle (2019) "Torts: Missing the Forest for the Factors—Frederick v. Wallerich, 907 N.W.2D 167 (Minn. 2018)," Mitchell Hamline Law Review: Vol. 45 : Iss. 3 , Article 10.
Available at: https://open.mitchellhamline.edu/mhlr/vol45/iss3/10
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Methanex's production facility in Medicine Hat has an annual capacity of 600,000 tonnes and is well situated to supply methanol primarily to customers in western Canada and the northwestern United States.
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Archive up until volume 100, 2020
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TitleAuthorAbstractDOIKeyword
Content » Vol 75, Issue 6
Functional changes in human stratum corneum induced by topical glycolic acid: comparison with all-trans retinoic acid
Effendy I, Kwangsukstith C, Lee JY, Maibach HI.
The effects of topical glycolic acid and all-trans retinoic acid on stratum corneum barrier function and hydration of human skin were investigated in 6 healthy volunteers utilizing non-invasive techniques. In addition, changes in stratum corneum turnover time induced by the substances were examined using the dansyl chloride fluorescence test. Twelve percent glycolic acid in water and 0.1% retinoic acid in ethanol, respectively, were applied for 60 min once daily, over a period of 2 weeks (5 consecutive days weekly) on dansyl chloride-labelled skin and on untreated skin. During a 10-day application period, both glycolic acid and retinoic acid similarly induced a significant increase in TEWL. However, after discontinuing treatment, TEWL in retinoic acid-exposed skin remained increased. Glycolic acid significantly reduced stratum corneum hydration from day 11 to day 18 (p < 0.05), while retinoic acid induced skin dryness after 9 days of treatment, which persisted until day 18 (p < 0.005). Whereas glycolic acid rapidly induced an intense erythema implying a direct non-specific inflammatory response, the retinoic acid-exposed skin gradually developed erythema. Retinoic acid caused scaling to a greater extent than did glycolic acid, even after treatment cessation. Both glycolic acid and retinoic acid significantly decreased stratum corneum turnover time and stratum corneum turnover time50 (the time in days from labelling until approximately 50% of fluorescence disappeared), compared with the vehicle controls. However, glycolic acid shortened stratum corneum turnover time (12.8 +/- 0.9 days) as well as stratum corneum turnover time50 (7.3 +/- 0.7 d) significantly more than did retinoic acid (15.8 +/- 0.7 d and 9 +/- 0.8 d, respectively). While ethanol (vehicle of retinoic acid) slightly but significantly decreased stratum corneum turnover time (p < 0.05), water (vehicle of glycolic acid) did not. This study showed that both glycolic acid and retinoic acid induced certain functional changes in stratum corneum, mirroring their irritation potential. However, changes at retinoic acid-exposed sites appeared longer-lasting, implying a distinct mode of action. An increase in stratum corneum turnover induced by the substances may be, in part, linked with their irritation properties.
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MEDIA RELEASE – Black spot nomination deadline extended
Media ReleasesBy Senator Mitch Fifield 24 December, 2015
22 December 2015 The Government today announced the deadline for public nominations for round 2 of the mobile black spots programme has been extended from 31 December 2015 to 15…
MEDIA RELEASE – New director appointed to the Australia Post Board
22 December 2015 The Australian Government has appointed Mr Bruce McIver as a non-executive director of the Australia Post Board for a term of three years. Mr McIver brings…
MEDIA RELEASE – ABC Managing Director appointment
21 December 2015 The Government congratulates Michelle Guthrie on her appointment as Managing Director by the ABC Board. Ms Guthrie will succeed Mark Scott in May 2016 and officially join…
MEDIA RELEASE – Coalition delivers on first mobile base stations
19 December 2015 The first mobile base stations constructed under the Commonwealth Government's $385 million Mobile Black Spot Programme were switched on this week, with more new base stations…
MEDIA RELEASE – O'Farrell Review into Illegal Offshore Wagering
18 December 2015 Today, the Hon Barry O'Farrell delivered his review into illegal offshore wagering to the Minister for Communications, Senator the Hon Mitch Fifield and the Assistant Minister for…
MEDIA RELEASE – First 1,000 homes on FTTN connected in just 51 days
16 December 2015 The nbn rollout achieved yet another milestone this week, with the first 1,000 homes connected to the Fibre-to-the-Node (FTTN) network in just 51 days since its launch.…
MEDIA RELEASE – More hot air from Careless Clare
15 December 2015 Labor's Shadow Minister for Communications Jason Clare has made some extraordinary claims regarding the nbn that are full of hot air and careless of the well known…
MEDIA RELEASE – Book Council
15 December 2015 The Government has announced it will not proceed with the Book Council of Australia. This decision is reflected in the Mid-Year Economic and Fiscal Outlook…
MEDIA RELEASE – Dr Rhonda Smith reappointed to Copyright Tribunal
15 December 2015 The Government has announced the reappointment of Dr Rhonda Smith as a non-judicial member of the Copyright Tribunal of Australia for two years from 12 December 2015. Dr…
MEDIA RELEASE – Distance education will receive a broadband boost
14 December 2015 Children studying in regional and remote Australia will soon have access to dedicated broadband capacity – outside of their home broadband quota – and faster download speeds…


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Crew of specialists clears snow in mountainous Glacier Park
Great Falls Tribune-Unknown
KALISPELL, Mont. (AP) — They dodge tumbling boulders and surging avalanches. Hunkered inside high-powered heavy equipment, they navigate a narrow, often invisible path that ascends into the sky, twisting and turning up the mountainside along jagged cliffs and over a minefield of unstable surfaces. They sculpt walls of winter in the cradle of ancient glaciers, cutting through 30- to 50-foot drifts and chewing up 4,000 tons — 8 million pounds — of snow per hour, 100,000 cubic yards per spring.
These high-pressure operations are part of the Glacier National Park Road Crew's age-old mission prepping the iconic Going-to-the-Sun Road for tourist season, a spring rite that plays a pivotal role in the park and surrounding region. Starting April 1 and usually spanning 10 weeks each year, the 20-person crew braves this 50-mile highway in Montana, one of the most treacherous thoroughfares on the continent and the primary path into Glacier.
While the masses eagerly await the Sun Road's opening, this tight-knit team of equipment operators approaches its journey with a missionary zeal. Antsy excitement spreads throughout the crew.
"It's like waiting for Christmas," Brian Paul, the work leader for Glacier's west side crew, said. "At the end, it's like, 'OK, I'm tired of Christmas.'"
The daunting task was officially underway as two groups — one on the west side of the park and another on the east side — embarked on this year's transmountain marathon.
"We're raring to get going," Paul said.
For about as long as Glacier's highway to the sky has existed — 84 years — there has been the need for an industrious crew to dig it out from winter's wrath. It's one of the most unique challenges in the National Park Service and has generated creative actions in the past. In the 1960s, the park experimented with U.S. Air Force jets that flew past the Garden Wall and broke the sound barrier in an effort to trigger avalanches and reduce the number of delayed slides that could hamper plow crews. Dynamite has also been tossed out as an idea.
And for just as long, there has been constant outcry from visitors and connected communities craving Glacier's full availability as early as possible. But plowing the road must mesh with a sensitive set of standards in a pristine and protected national park such as Glacier.
For all the attention and anticipation surrounding their work, these equipment operators labor in relative obscurity in the remote and rugged Crown Jewel of the Continent. They are both pioneers and trailblazers.
The majority of Going-to-the-Sun Road — about 35 miles — gets buried starting each fall and sometimes lasting through early July. To uncover months' worth of snowfall, the road crew uses a fleet of heavy-duty machines, including four dozers, four excavators, three rotary plows and two bobcats. Some of this burly equipment was formerly used by the U.S. military and is now serving the country in a uniquely different way.
"This job is like the Holy Grail of equipment operating," said Christian Tranel, an equipment operator entering his seventh season.
Tranel grew up in Bigfork and served in the Army before working in the private sector with heavy equipment, focusing on highway projects. He's now one of the skilled operators who frequently "pioneers" the Sun Road as one of the lead machines.
"I love being in the mountains. We're up there by ourselves," he said. "I like the excitement and the adrenaline of pioneering. It's exciting but it's kind of scary, too."
Avalanches, usually in the dozens, pour over many portions of road and litter the two-lane road with debris, including massive trees and boulders. Tumbling rocks, often occurring naturally but sometimes triggered by bighorn sheep, frequently pummel the road. Wind reshapes the path, creating drifts, often unstable, that can grow as high as 80 feet into the sky and swallow 55,000-pound bulldozers in an instant.
"Removing the snow isn't the scary part for me because we have control over that," Paul said. "It's the unknowns, like avalanches and rock falls."
"If you're not scared," he added, "you shouldn't be up there, because that's what keeps you safe."
In May of 1953, crews had made good progress clearing the Sun Road before a late spring storm hit the high country. An avalanche caught four Glacier employees who were clearing the road. Bill Whitford was thrown 300 yards down the mountain and killed. Another crewmember, George Beaton, also died in the slide. Fred Klien was badly injured, and Jean Sullivan, who was inside a large rotary snowplow, was buried for 7.5 hours before being rescued.
The worst year for avalanches in recent memory occurred in 2009, when hundreds of slides were reported throughout Glacier, causing severe setbacks for crews.
Paul has first-hand experience with the dangers of the job. A few years ago, he was walking between equipment when a rockslide erupted. A basketball-sized rock narrowly missed his head and hit his backpack.
"There's certain places you just don't hang out," he said.
Due to this unique working environment, the road crew is a tight-knit bunch, each devoted to accomplishing the monumental task and ensuring everyone returns home alive. During spring, they see more of each other than their families, working 10 hours a day for four days a week in the high country of Glacier.
"Everybody relies on each other," Paul said.
Plowing the Sun Road requires a meticulous mindset. It's also a team effort that prioritizes safety over speediness.
"Everything is based on safety," Paul said. "We look at a hazard and figure out how we can mitigate it before we go into anything."
Before the plow crews arrive in the pre-dawn hours to begin the day's work, avalanche specialists check the weather and snowpack conditions and craft a daily report. This requires them to regularly ski into the upper portions of the park to see what lies ahead for the plows.
"Those guys are animals," Paul said. "They give us the green light before we go anywhere."
As another precautionary measure, spotters hike up ahead of the plows and act as watchmen, staring at the landscape all day to spot potential hazards. This often requires toughing out blizzards or braving frigid temperatures for hours at a time. Regardless of conditions and weariness, they can't take their eyes off the mountains.
"The toughest guys up there are the spotters. That's the hardest job," Paul said. "They stand there all day, traversing the snow on foot and watching for rocks and avalanches. If they see something moving, they have to quickly get on the radio and warn everybody."
As the lead machine operator, Tranel will begin at the height of the snowpack and chisel downward. Meanwhile, excavators focus on the mountainside above the road, clearing everything that could tumble downward. Behind the lead machines, crews dig through a heavy layer of ice that cakes the pavement, all while being sensitive to the historic road.
"You never know what it will be like until you get up there," Paul said.
Paul grew up in the Browning-East Glacier area and worked for the Bureau of Reclamation for eight years before joining Glacier's road crew nine years ago. When he first started, he would check the site data at Flattop Mountain to see what the snowpack looked like.
As of last week, the SNOTEL site showed slightly above-average snow depth, around 130 inches, which is similar to a year ago.
But as Paul has learned, it's best to avoid forming preconceived notions.
"I try not to worry about how deep it's going to be. Everything can change," he said. "I take it a day at a time and just focus on the section we're going to work on today. Everything up above, I can't do anything about it. You have to stay focused on that day's job. It's a different challenge every day."
It's not uncommon for the crew to plow one stretch of road only to have it blanketed overnight, requiring a tedious rerun.
"Sometimes you'll get up there and work all day and come back, and it snowed two feet," Paul said. "So you'll have to hike back up to get machines and start over again."
Sometimes the most challenging aspect of each day's work is simply finding the actual road. Visibility is frequently reduced by fog. In the upper alpine stretches of road, which trace cliffy geography, any remnants of a man-made pathway are gone.
"There are a lot of places where it disappears," Tranel said of the Sun Road.
Instead of depending on new-age technology, which is rendered mostly useless in the solitary confines of the park's wild interior, they rely on each other and an intimate knowledge of the landscape to guide them, old-fashioned acumen that harkens back to past generations of plow crews.
This is easier said than done, especially in the Rimrock area near Mount Oberlin, where depending on imaginary lines is an exercise in faith.
"At the end of that day, that's when you park and get out and say, 'I'm done for the day,'" Paul said.
Indeed, the grueling work and high-octane stress weigh heavily.
"It starts wearing on you," Paul said. "Sometimes somebody starts getting burned out and we'll roll it around to put somebody else out front."
A long day inside the cab of a bulldozer, occasionally on edge and sometimes literally on the edge of a cliff, can play tricks on your mind, especially when you're all alone.
"Sometimes you have to take five minutes and stop and collect your thoughts," Tranel said. "You have to rest your mind because it's so stressful."
The final push arrives at Logan Pass and the so-called Big Drift, where the most snow typically piles up. Sometimes snowpack grows upwards of 80 feet and buries all but the roof of Logan Pass Visitor Center. Crews on the east and west sides converge at these two points and tackle them together due to the scope of work. This often requires using hand shovels near the visitor center. Water from snowmelt creates potholes and tunnels that can create hazards.
"It takes years of experience," Paul said. "You start learning where those holes are, what to do in certain places and where not to go."
The latest opening of the full length of Going-to-the-Sun Road was July 13 in 2011. That year, crews were hampered by a blustery spring that saw heavy snowpack and relentless snowstorms that erased plow progress on a regular basis. The earliest opening for the entire Sun Road was May 16 in 1987.
"It opens when it does," Paul said. "The weather plays a huge part in when the road opens. And when it's safe enough for the public. You can't have a whole bunch of hang fire up there when people start coming up the road."
Despite the hazards and stress that come with the job, none of the crewmembers are eager to shop resumes elsewhere.
"It's a dream job," Tranel said. "My favorite time of year is right now."
"Being up there, you get to watch the park come alive," Paul said. "You start seeing animals come out and it's pristine. You break for lunch and sit on a dozer and look around, and it's just amazing."
And once the mission is complete, the crew is ready to welcome visitors to experience a national treasure.
"We're up there for three months by ourselves," Paul said.
"Now they can have it."


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"The Indeterminacy of Legal Rules" by Pi
Daniel Pi (University of Maine - School of Law) has published "The Indeterminacy of Legal Rules" on SSRN. Here is the abstract:
This Article demonstrates that the rules of any legal system are necessarily indeterminate. The argument consists of two theorems. The first theorem proves that legal rules cannot be determined by ostension. The second theorem proves that legal rules cannot be determined by description. Taken together, the two indeterminacy theorems establish that legal rules cannot constrain the outcomes of legal disputes. Therefore, any apparent regularities observed in legal decision-making must have causal sources outside of law. Several possible sources of such regularities—economic efficiency and political power most conspicuously—are considered.
Posted by NELB Staff on 01/27/2023 at 09:00 AM | Permalink | Comments (0)
"Modern Sentencing Mitigation" by Meixner
John B. Meixner Jr. (University of Georgia School of Law) has published "Modern Sentencing Mitigation" on SSRN. Here is abstract:
Sentencing has become the most important part of a criminal case. Over the past century, criminal trials have given way almost entirely to pleas. Once a case is charged, it almost always ends up at sentencing. And notably, judges learn little sentencing-relevant information about the case or the defendant prior to sentencing and have significant discretion in sentencing decisions. Thus, sentencing is the primary opportunity for the defense to affect the outcome of the case by presenting mitigation: reasons why the nature of the offense or characteristics of the defendant warrant a lower sentence. It is surprising, then, that relatively little scholarship in criminal law focuses on mitigation at sentencing. Fundamental questions have not been explored: Do the Sentencing Guidelines—which largely limit the relevance of mitigating evidence—make mitigation unimportant? Does the extent or type of mitigation offered have any relationship with the sentence imposed?
This Article fills that gap by examining a previously unexplored data set: sentencing memoranda filed by defense attorneys in federal felony cases. By systematically parsing categories of mitigating evidence and quantitatively coding the evidence, I show that mitigation is a central predictor of sentencing outcomes and that judges approach mitigation in a modern way: rather than adhering to the strict, offense-centric structure that has dominated sentencing since the advent of the Sentencing Guidelines in the 1980s, judges individualize sentences in ways that consider the personal characteristics of each defendant, beyond what the Guidelines anticipate. And particular types of mitigation, such as science-based arguments about mental and physical health, appear especially persuasive.
The results have significant implications for criminal justice policy: while my data show that mitigation is critical to judges' sentencing decisions, both the Guidelines and procedural rules minimize mitigation, failing to encourage both defense attorneys and prosecutors to investigate and consider it. I suggest reforms to make sentencing more equitable, such as requiring the investigation and presentation of mitigation to constitute effective assistance of counsel, easing the barriers to obtaining relevant information on mental and physical health mitigation, and encouraging prosecutors to consider mitigation in charging decisions and sentencing recommendations.
"The Right to Defy Criminal Demands" by Volokh
Eugene Volokh (University of California, Los Angeles (UCLA) - School of Law) has published "The Right to Defy Criminal Demands" on SSRN. Here is the abstract:
Craig is trying to force Danielle to do something, by explicitly or implicitly threatening to criminally retaliate if she doesn't go along—and if Craig makes good on the threats, third-party bystanders might suffer. Should the legal system require Danielle to comply with the demands, on pain of civil liability or even of criminal punishment? Or should Danielle be allowed to defy Craig's demands, even if this means a higher risk to bystanders?
These questions can arise in many different situations: negligence law, nuisance law, the heckler's veto, disturbing the peace law more generally, the duty to retreat, the duty to comply with negative demands, and more. And they can arise with regard to many different criminal demands, whether political (e.g., terrorist threats aimed at abortion clinics, bookstores, and the like) or personal. This Article surveys all these areas, and suggests that, generally speaking, the law should protect defiance of criminal demands against legal liability, even when such defiance can increase the risk that the criminal will harm third parties.
"Sex Exceptionalism in Criminal Law" by Gruber
Aya Gruber (University of Colorado Law School) has published "Sex Exceptionalism in Criminal Law" on SSRN. Here is the abstract:
Sex crimes are the worst crimes. People widely believe that sexual assault is graver than nonsexual assault, uninvited sexual compliments are worse than nonsexual insults, and sex work is different from work. Criminal codes create a dedicated category for sex offenses, uniting under its umbrella conduct as different as violent attacks and consensual commercial transactions. This exceptionalist treatment of sex as categorically different rarely evokes discussion, much less debate. However, sex exceptionalism is not natural or neutral, and its political history should give us pause. This Article is the first to trace, catalogue, and analyze sex exceptionalism in criminal law. Through a genealogical examination of sex-crime law from the late eighteenth century to today, it makes several novel contributions to the debate over how criminal law should regulate sex.
First, the Article casts doubt on the conventional account that rape law's history is solely one of sexist tolerance—an account that undergirds contemporary calls for broader criminal regulations and higher sentences. In fact, early law established rape as the most heinous crime and a fate worse than death, but it did so to preserve female chastity, marital morality, and racial supremacy. Sex-crime laws were not underenforced but selectively enforced to entrench hierarchies and further oppressive regimes, from slavery to social purity. Second, this history suggests that it is past time to critically examine whether sex crimes should be exceptional. Indeed, in the 1960s and 70s, the enlightened liberal position was that rape law should be less exceptional and harmonized with the law governing "ordinary" assault.
Third, the Article spotlights the invisible but powerful influence sex exceptionalism exerts on scholarship and advocacy. Despite the liberal critique, sex exceptionalism flourished, and today it is adopted without hesitation. Sex dazzles theorists of all types. For sex crimes, retributivists accept exorbitant sentences, and utilitarians tolerate ineffective ones. Critics of mass incarceration selectively abandon their principled stance against expanding the penal state. Denaturalizing sex exceptionalism and excavating its troubling origins forces analysts to confront a detrimental frame underlying society's perpetual enthusiasm for punitive sex regulation.
"How To Read a Corporation's Mind" by Diamantis
Mihailis Diamantis (University of Iowa - College of Law) has published "How To Read a Corporation's Mind" on SSRN. Here is the abstract:
To hold corporations liable for most significant harms, the law needs some mechanism for attributing mental states like purpose and knowledge. These mental states serve as proxies for fault that help to distinguish, for example, an unavoidable death from criminal homicide. The traditional policy puzzle has been to say where corporate mental states arise within the corporate structure. This Chapter argues that any such effort is inherently limiting and proposes a paradigm shift for attributing corporate mental states that abandons location as a relevant consideration.
Current law typically places corporate cognition in the heads of individual employees--the corporation thinks what its employees think. Most commentators agree that this approach is too limited because it overlooks emergent psychological phenomena—like cultural dispositions and collective knowledge—that arise from interactions between multiple employees. Some theorists would expand current law to allow that corporate mental states can arise in stable corporate systems and policies as well. Yet even this "systems" approach is too limiting. Like current law, it tries to specify where corporate mental states reside (albeit acknowledging an expanded set of possibilities). Any such account will necessarily overlook corporate fault that arises elsewhere within the corporate structure.
Rather than asking WHERE corporate mental states are, this Chapter argues we should instead ask how we can can INFER what mental state a corporation has. Drawing on the cognitive science of mental state attribution, the Chapter proposes that relevant evidence for judges and juries should include any corporate behavior, whatever its causal source: an individual employee, a corporate system, or something else entirely. Location becomes irrelevant. This "Inference Theory" approach tracks intuitive notions of corporate fault and can identify corporate fault wherever it arises.
"Programming Languages and Law" by Grimmelmann
James Grimmelmann (Cornell Law School, Cornell Tech) has published "Programming Languages and Law" on SSRN. Here is the abstract:
If code is law, then the language of law is a programming language. Lawyers and legal scholars can learn about law by studying programming-language theory, and programming-language tools can be usefully applied to legal problems. This article surveys the history of research on programming languages and law and presents ten promising avenues for future efforts. Its goals are to explain how the combination of programming languages and law is distinctive within the broader field of computer science and law, and to demonstrate with concrete examples the remarkable power of programming-language concepts in this new domain.
"Carceral Intent" by Jefferis
Danielle C. Jefferis (University of Nebraska at Lincoln - College of Law) has published "Carceral Intent" on SSRN. Here is the abstract:
For decades, scholars across disciplines have examined the stark injustice of American carceralism. Among that body of work are analyses of the various intent requirements embedded in the constitutional doctrine that governs the state's power to incarcerate. These intent requirements include the "deliberate indifference" standard of the Eighth Amendment, which regulates prison conditions, and the "punitive intent" standard of due process jurisprudence, which regulates the scope of confinement. This Article coins the term "carceral intent" to refer collectively to those legal intent requirements and examines critically the role of carceral intent in shaping and maintaining the deep-rooted structural racism and sweeping harms of America's system of confinement.
This Article begins by tracing the origins of American carceralism, focusing on the modern prison's relationship to white supremacy and the post-Emancipation period in U.S. history. The Article then turns to the constitutional doctrine of incarceration, synthesizing and categorizing the law of carceral intent. Then, drawing upon critical race scholarship that examines anti-discrimination doctrine and the concept of "white innocence," the Article compares the law's reliance on carceral intent with the law's reliance on discriminatory intent in equal protection jurisprudence. Critical race theorists have long critiqued the intent-focused anti-discrimination doctrine as incapable of remedying structural racism and inequities. The same can be said of the doctrine of incarceration. The law's preoccupation with an alleged wrongdoer's "bad intent" in challenges to the scope and conditions of incarceration makes it ill-suited to remedying the U.S. prison system's profoundly unjust and harmful features. A curative approach, this Article asserts, is one in which the law focuses on carceral effect rather than carceral intent, as others have argued in the context of equal protection.
"Criminal Acts and Basic Moral Equality" by Humbach
John A. Humbach (Pace University School of Law) has published "Criminal Acts and Basic Moral Equality" on SSRN. Here is the abstract:
Modern criminal justice presupposes that persons are not morally equal. On the contrary, those who do wrong are viewed by the law as less worthy of respect, concern and decent treatment: Offenders, it is said, "deserve" to suffer for their misdeeds. Yet, there is scant logical or empirical basis for the law's supposition that offenders are morally inferior. The usual reasoning is that persons who intentionally or knowingly do wrong are the authors and initiators of their acts and, as such, are morally responsible for them. But this reasoning rests on the assumption that a person's mental states, such as intentions, can cause physical effects (bodily movements)—a factual assumption that is at odds with the evidence of neuroscience and whose only empirical support rests on a fallacious logical inference (post hoc ergo propter hoc). There is, in fact, no evidence that mental states like intentions have anything to do with causing the bodily movements that constitute behavior. Nonetheless, the mental-cause basis for moral responsibility, though it rests on a false factual inference, has enormous implications for criminal justice policy.
While society must obviously protect itself from dangerous people, it does not have to torment them. The imperative to punish, a dominant theme of criminal justice policy, is not supported by evidence or logic, and it violates basic moral equality.
"Punishment Menus and Their Deterrent Effects: An Exploratory Analysis" by Grolleau et al
Gilles Grolleau (Montpellier SupAgro and Researcher at LAMETA), Murat C. Mungan (George Mason University - Antonin Scalia Law School, Faculty), and Naoefel Mzoughi (INRA Ecodéveloppement) have published "Punishment Menus and Their Deterrent Effects: An Exploratory Analysis" on SSRN. Here is the abstract:
Conventional wisdom suggests that allowing offenders to choose alternative sanctions to a previously existing punishment cannot enhance deterrence, because offenders can simply select the least costly option available. We experimentally test whether people may perceive punishment menus as more deterrent than stand-alone sanctions available within the same menu. Our results suggest that this is possible, and that changes in people's perceptions are often mediated by the mindset (e.g., calculative, ethical) they adopt to evaluate punishment schemes as well as their impressions of the seriousness of the illegal act.
"Retributivism" by Berman
Mitchell N. Berman (University of Pennsylvania Carey Law School) has published "Retributivism" on SSRN. Here is the abstract:
Retributivism is a family of theories that purport to justify criminal punishment by reference to a wrongdoer's negative desert. Individual members of the family differ from one another on many issues, including what it is that wrongdoers deserve and what is the character and force of the fact that they deserve it. This chapter lays out one retributive theory and sketches defenses of that theory against prominent anti-retributivist objections, including objections grounded in determinism. According to the theory this chapter dubs 'prospect retributivism', culpable wrongdoers deserve to experience their wrongdoing as personally costly to them, and the state assumes a pro tanto duty to cause wrongdoers to experience those costs in virtue of barring retaliation by victims and their surrogates.
"Stated Culpability Requirements" by England
Scott England (University of New Mexico - School of Law) has published "Stated Culpability Requirements" on SSRN. Here is the abstract:
For more than half a century, the Model Penal Code has had an outsized impact on American criminal law. The Code has influenced the law most significantly through its culpability provisions, which have been adopted at least in part in twenty-five states. The Model Penal Code's stated-culpability provision, section 2.02(4), plays a central role in the Code's celebrated culpability scheme. Section 2.02(4) helps enforce the Code's norm of requiring culpability for each offense element by clarifying that a prescribed mental state generally applies to every element. Because state criminal codes routinely prescribe culpability requirements for multiple elements at a time, section 2.02(4) has significant ramifications for hundreds if not thousands of criminal offenses across the United States.
Unfortunately, section 2.02(4) is deeply flawed. Section 2.02(4) itself is unclear about when and how it applies, and the MPC's commentary reveals the drafters' own confusion about the provision's role in the Code's culpability scheme. Reviewing the law in the 25 states with culpability provisions influenced by the Code, this Article finds that state courts have also struggled in applying stated-culpability provisions, often exploiting their weaknesses in ways that undermine the Code's vision for criminal liability. The Article concludes by recommending new culpability rules that improve on section 2.02(4), prevent the problems experienced in Model Penal Code states, and better enforce the Code's norm of requiring culpability for each offense element.
"The Fat Prisoners' Dilemma: Slow Violence, Intersectionality, and a Disability Rights Framework for the Future" by Belt
Rabia Belt (Stanford Law School) has published "The Fat Prisoners' Dilemma: Slow Violence, Intersectionality, and a Disability Rights Framework for the Future" on SSRN. Here is the abstract:
Law has ignored the problems of fatness in prisons and jails and regularly fails to address much-needed accommodations for fat incarcerated people due to flaws in incarceration law and applications of disability law.
The dilemma of fat incarcerated people extends beyond litigation difficulties, however. It is a heuristic that illustrates the depth of the harm of mass incarceration and the need to take disability seriously—and how complicated taking disability seriously is. Attention to the social inequities that produce and maintain the population of fat people in prisons exposes a profound tension in disability scholarship and activism. Typically, disability scholarship and advocacy seek to unite a disability community of people with varying bodily impairments by focusing on stigma and stereotyping. While people's bodies are different, all disabled people experience ableism. This Article contends that disability scholars and advocates can and should augment their focus on stigma and stereo- typing to emphasize the social inequities such as environmental poisoning, racism, poverty, and violence that produce many debilitating impairments. This proposal is an uncomfortable proposition for disability scholarship and advocacy wary of eugenic treatment and "cures." Reducing social inequities would reduce the population of disabled people, and advocacy to improve the environmental predecessors to impairment could be viewed as a condemnation of the state of disability itself.
However, proper attention to intersectional injustice in conjunction with respect for disabled people requires thoughtful consideration of the production of impairments. Although not all disabilities are the result of social injustice, knitting together social inequality and disability would reorient the field on those who are most marginalized, redirect it toward a greater reliance on intersectional principles, and link it to other political and legal campaigns that challenge injustice.
"Rotten Social Background and Mass Incarceration: Who Is a Victim?" by Zeidman
Steven Zeidman (CUNY School of Law) has published "Rotten Social Background and Mass Incarceration: Who Is a Victim?" on SSRN. Here is the abstract:
Despite the theoretical right to be heard at different junctures in the criminal legal system, in practice, the right is unsecured for many accused and convicted of various offenses. Criminal defendants are rarely heard at trial, upon sentencing, or at parole board interviews to determine eligibility for release. Consequently, these individuals are not able to offer explanations for their behavior. This is particularly harmful given the role that "severe environmental deprivation" or, sometimes controversially referred to as "rotten social background," plays in criminal behavior. Research now indicates that societal shortcomings, including a lack of healthcare, education, and employment opportunities, combined with hyperaggressive policing and draconian sentencing for law violations, play a significant role in criminality. In other words, individual traits are not the driver of criminal behavior. Yet, the inability of those involved in the system to share evidence of their social background, and the refusal of actors in the system to view these factors as significantly mitigating, if not excusing, means that the problem is only swept under the rug. This essay aims to expose the explicit and implicit silencing of criminal defendants and the concomitant erasure of societal fault in criminal behavior and thus, in mass incarceration.
"Free-World Law Behind Bars" by Littman
Aaron Littman (UCLA School of Law) has published "Free-World Law Behind Bars" on SSRN. Here is the abstract:
What law governs American prisons and jails, and what does it matter? This Article offers new answers to both questions.
To many scholars and advocates, "prison law" means the constitutional limits that the Eighth Amendment and Due Process Clauses impose on permissible punishment. Yet, as I show, 'free-world' regulatory law also shapes incarceration, determining the safety of the food imprisoned people eat, the credentials of their health-care providers, the costs of communicating with their family members, and whether they are exposed to wildfire smoke or rising floodwaters.
Unfortunately, regulatory law's protections often recede at the prison gate. Sanitation inspectors visit correctional kitchens, find coolers smeared with blood and sinks without soap—and give passing grades. Medical licensure boards permit suspended doctors to practice—but only on incarcerated people. Constitutional law does not fill the gap, treating standards like a threshold for toxic particulates or the requirements of a fire code more as a safe harbor than a floor.
But were it robustly applied, I argue, free-world regulatory law would have a lot to offer those challenging carceral conditions that constitutional prison law lacks. Whether you think that criminal-justice policy's problem is its lack of empirical grounding or you want to shift power and resources from systems of punishment to systems of care, I contend that you should take a close look at free-world regulatory law behind bars, and work to strengthen it.
"Torture, Ethics, Accountability?" by Katner
David R. Katner (Tulane University - Law School) has published "Torture, Ethics, Accountability?" on SSRN. Here is the abstract:
Torture—including waterboarding—has been banned under international and domestic law in the United States dating back to World War II when the U.S. sought to hold Japanese interrogators accountable for waterboarding American prisoners of war. Following the 9/11 attacks on the World Trade Center and the Pentagon, the Bush administration sought legal justification from White House counsel to detain and initiate interrogation practices long considered to constitute acts of torture. After legal memos were drafted, psychologists and physicians along with nurses and other medical professionals engaged in waterboarding and other forms of abusive interrogation often resulting in no reliable intelligence from detainees. None of the professionals involved in this torture have been charged with criminal misconduct, convicted, or sentenced for their participation. If the international and domestic legal systems are unable to hold these licensed professionals accountable, licensure boards and ethics committees should exercise their power to consider removal of licenses for violation of professional ethics codes, if not criminal misconduct.


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Translational Ecology
About Bill Schlesinger
Nicholas School @ Duke
Cary Institute
Carbonyl Sulfide
May 20, 2019 May 20, 2019 Bill Schlesinger
If you are like most people, you have probably never heard of carbonyl sulfide, even though it is the most abundant sulfur gas in Earth's atmosphere. Carbonyl sulfide is a linear molecule, with a carbon atom in the middle and a sulfur atom attached at one end and an oxygen atom attached at the other. The chemical formula is thus OCS. Found at an average concentration of 0.5 parts per billion in the atmosphere, OCS would not seem to be of immediate concern. Human health effects begin at 1000 parts per million.
Carbonyl sulfide comes from a variety of sources, of which industry appears to be the largest. It is cleansed from the atmosphere by a variety of processes, including uptake by vegetation and soils. There are several properties of OCS that make it interesting to global change scientists.
Let's focus on the uptake of OCS by plants, which occurs through the same pores—stomates—on the leaves of plants that let in carbon dioxide for photosynthesis. OCS that enters plants is destroyed in plant cells. Thus, despite rising industrial emissions, it is of interest that the concentration of OCS in the atmosphere has been declining in recent decades: could this be an indication of greater plant photosynthesis on land? One set of atmospheric scientists suggests that falling OCS indicates that photosynthesis may have increased by 30% during the past decade–certainly a welcome possibility by farmers and foresters alike.
Second, except for large, explosive volcanic eruptions, OCS is the dominant source of sulfate aerosols in the stratosphere, in a layer at about 20 to 25 km altitude. Sulfate aerosols in the stratosphere reflect incoming solar radiation and cool the planet. (Indeed, various people have suggested that we should be increasing stratospheric aerosols to combat global warming). The declining concentrations of OCS in the atmosphere come at a time when higher concentrations of stratospheric aerosols might be useful as a way of dealing with climate change.
The budget for OCS in the atmosphere is rather poorly understood, and we can hope for further refinements in the coming years. If plants are sucking up OCS, this would decrease the reflection of sunlight by the Earth, inducing warming. If photosynthesis has increased, that removes carbon dioxide from the atmosphere, potentially mitigating climate change. Stay tuned.
Campbell, J.E., et al. 2014. Atmospheric carbonyl sulfide sources from anthropogenic activity: implications for carbon cycle constraints. Geophysical Research Letters 42: 3004-3010.
Campbell, J.E., et al. 2017. Large historical growth in global terrestrial gross primary production. Nature 544: 84-88.
Schlesinger, W.H. and E.S. Bernhardt. 2013. Biogeochemistry: An analysis of global change. Academic/Elsevier, San Diego.
Spielmann, F.M., et al. 2019. Gross primary productivity of four European ecosystems constrained by joint CO2 and COS flux measurements. Geophysical Research Letters doi: 10.1029/2019GL082006
Posted in biogeochemistry, climate, facultyTagged albedo, photosynthesis, sulfur cycle
Trees and the Public Good
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Chris Denton says:
As is your norm, you have given us another reason to love science. I cannot wait for the next episode. For us oldsters, this is better than not knowing who shot J.R. For the new crowd, I detect the suspense of Game of Thrones. And like that fantasy series, we may all be surprised (and unhappy) with the ending which science gives us, as we humans struggle to know Nature.
About Translational Ecology
The blog will offer a science-based analysis of current environmental topics, from regional to global levels, with an emphasis on making the science accessible to the general public.
acid rain Aerosols albedo aluminum biochar Biomass energy birds carbon sequestration Clean Water Act Clean Water Rule Climate change COVID-19 diversity Endocrine disruptors EPA evapotranspiration exotic species extinction fertilizer Fisheries food fracking global warming groundwater insects invasive species Methane microplastics Migration ozone particulate matter pesticides petroleum pharmaceuticals photosynthesis plastic pollution plastics PM2.5 power plants Scott Pruitt Sea Ice soil carbon transpiration Trump wind power


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ERICS: A Cornerstone towards Comprehensive Data on European Reading Habits
By Owena Reinke
While reading is the subject of a considerable number of surveys in different European countries, it is very difficult to compare the individual results and put them into perspective. Not only do these surveys tend to focus on sometimes diverse topics within the field of reading, starting with varying concepts of which text types and formats to be included. More importantly, they also make use of different methodological approaches. Therefore, one of the objectives of Aldus Up, the network of European bookfairs, is to establish a common methodology which can make the results of future surveys in European countries more comparable, thus to provide a comprehensive overview of the development of reading in Europe.
Based on the results of an explorative survey undertaken in 2021 in 20 European countries (see previous article here), general requirements for the methodological approach and different variables were defined and put together as a EuRopean Item Core Set for Reading Surveys (ERICS) by the Working Group on Reading of Aldus Up.
Download the "European Item Core Set for Reading Surveys (ERICS)" here
The main challenge is as obvious as it is pivotal: how can the design of a survey already established in one country provide 'new' sets of figures and, at the same time, maintain direct comparability to previous results, necessary to keep track of the national development? Our suggested answer is this: by implementing a very basic framework, which – on the one hand – will enable the comparison of key figures on reading habits between countries, but which can – on the other hand – be supplemented by further individual variables, depending on the focus of national surveys.
While the apparent simplicity of the core set proposed today may indeed easily veil the actual complexity of the considerations preceding its definition, it is crucial to point out that this definition is only the cornerstone of the real challenge up ahead: establishing ERICS as a common standard, acknowledged and implemented by a significant number of institutions conducting national surveys in different countries.
To this end, we have been in contact with some of the players in different countries as to the execution of pilots for a while now, and are confident to soon receive valuable feedback on the feasibility and, possibly, even the very first "ERICS-compliant" survey to turn our cornerstone into a true milestone towards comprehensive data on reading habits in Europe.
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If you've ever wondered whether you're a glass half-full or a glass half-empty kind of movie-goer, Into the Wild will give you the answer. Sean Penn's fourth directorial effort is filled with wrong-headed choices that seriously detract from the experience of the film. It's easily and justly picked apart. But, it's also ambitious, compelling, and will leave glass half-full types (like me) more than contented.
After graduating from Emory University in 1990, white, middle class Chris McCandless emptied his savings account of its $24,000 intended for law school and donated the money to OXFAM. He then disappeared from family and most of his friends, took to the road, and headed West. Inspired by nature-loving iconoclasts like Henry David Thoreau, he made lovely connections to people he met, pushed his body to its limits, nurtured his spirituality, and in a little over two years died in the Alaskan wilderness. In 1996, John Krakauer, the rightly famed author of mountaineering tales, told Chris' story in the best selling biography, Into the Wild, adapted for the screen by Sean Penn.
The story seems a natural one for Penn. His three previously directed films- Indian Runner, Crossing Guard, and The Pledge– are set in small towns, and some of the best scenes here involve Chris' interactions with odd-ball Americana types on the margins of mainstream society. As in his previous films, the acting is exceptionally good. Penn is notorious for giving his actors free rein to create and interpret their characters and to improvise during rehearsals. Except for William Hurt's overly mannered work, the performances are outstanding. Marcia Gay Harden, Jenna Malone, Catherine Keener, Vince Vaughn, and Hal Holbrook are at the top of their game. But the film ultimately depends on Emile Hirsch as Chris. Certainly his solid work in Lords of Dogtown and especially Alpha Dog was encouraging, but none of that prepared us for this performance. At the center of almost every scene, the film cannot work unless we believe every moment of Hirsch as Chris. And we do. Each attractive and aggravating nuance of Chris' character is perfectly rendered. It's a career-making performance.
But what makes this Penn's most ambitious and satisfying film is the richness of its interpretive approach. Quite remarkably, Into the Wild sustains three analytical frameworks for coming to terms with Chris. For those of us who want a psychological interpretation, his odd and dysfunctional family is rendered as complex and debilitating. For those of us who want a more political interpretation, we see Chris' deep and genuine revulsion with the shallow and deadening materialism, competition and vanity that besets modern America. And for those of us who want to see Chris as the quintessential American hero, he is clearly channeling James Fenimore Cooper's Deerslayer, Mark Twain's Huck Finn, and, above all, the sainted Thoreau. I can't remember a film since Lawrence of Arabia that manages so successfully to articulate and juggle so many interpretive schemes without privileging any of them. The stories of Lawrence and McCandless require that we see them whole and through a host of filters, and for managing that Penn deserves very high marks indeed.
Alas this glass is also half empty, and many things prevent Into the Wild from becoming the remarkably good film that it should have been. The interesting score is ham-fistedly blasted at the audience to punctuate the story, and it simply takes us out of the flow of the movie. In the last half hour, almost every major character is given their moment to cry, and the effect is treacly. Long after we realize that certain characters have become surrogate parents to Chris, or he a surrogate child to them, this is baldly announced in case any of us missed the point. Not content with showing us Chris' spiritual journey, the film suggests that he's a kind of Jesus figure, who brings emotional well-being to everyone he touches. Most disastrously, the interesting structure of the film goes terribly awry in the last half hour. The bulk of the movie cuts effectively between flashbacks from Chris' childhood and his early adventures on the road, and then returns us to his current, increasingly desperate situation in Alaska. But as the stakes get more serious and death looms, we don't welcome being jerked out of that Alaskan present tense. Penn does a wonderful job of building a foreboding sense of doom and then beautifully moving it to the edge of catastrophe. But then in the last half hour, he vitiates that good work with too many and too lengthy, intensity-sapping flash-backs. The final epiphany of Chris is mawkish. And most everyone will feel that the film, with a running time of 140 minutes, is a half hour too long.
After Chris' death he became an iconic and controversial character. Some lionized him as embodying the American spirit of "lighting out for the territories," being true to oneself, forsaking creature comforts for intimacy with nature and the ineffable, and living life without compromise. A smaller band of naturalists criticized him as a reckless amateur who willfully placed himself at risk, died an unnecessary death, and who should be seen as a cautionary tale for those who would emulate his life in the wilds. Sean Penn never enters this debate, though his heart and sympathies lie with Chris. But his film can be seen as giving credence to a variety of readings of Chris' life and its meaning. For bringing us a vivid, complicated, compelling young man and his mythic journey, we can be thankful for Emile Hirsch's remarkable performance in Sean Penn's at least half-full glass.


Here is some footage of Tim shredding it up on the drums during the recording of our debut EP, Transcendence. Check it out, and don't forget to have a listen to the EP preview here!
Transcendence EP Preview by Progoctpus Introducing… Sam on Bass!


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We are a dedicated team of employees, volunteers, and funders who contribute time and resources to support NAMLE's mission.
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Michelle has helped NAMLE grow to be the preeminent media literacy education association in the U.S. She launched the first-ever Media Literacy Week in the U.S., developed many strategic partnerships, and restructured both the governance and membership of the organization. [full bio]
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Donnell has worked with NAMLE in a variety of capacities over the past six years. She was the editor of NAMLE's Monthly Update newsletter, has served on both the Student Leadership Council and Leadership Council, and was the Program Co-Chair for the 2019 NAMLE Conference. [full bio]
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As a journalist, Kyle is passionate about the intersection of journalism and education, and how he can work with others on addressing the challenges relating to trust and truth in the digital age. [full bio]
NAMLE is governed by an all-volunteer Board of Directors that oversee the organization's activities. Individuals who sit on the board are responsible for developing the organization's strategic plan as well as maintaining financial accountability.
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New Developments in Mass Spectrometry-Based Single-Cell Proteomics
Fri, Oct 21, 2022 11:00 AM EDT Learn how Karl Mechtler has developed an end-to-end workflow to efficiently prepare and analyze samples for single-cell proteomics by mass spectrometry. This workflow enables direct injection of single cells to identify approximately 1,500 protein groups per analytical run and uncover the surprising heterogeneity of cell populations.
Register Free: https://www.biopharminternational.com/bp_w/proteomics
The analysis of single-cell proteomes has recently become a viable complement to transcriptomics and genomics studies, as proteins are the main driver of cellular functionality and mRNA levels are often an unreliable proxy of such. Both multiplexed and label-free mass spectrometry-based approaches with single-cell resolution have attributed surprising heterogeneity to cell populations believed to be homogenous. Even though specialized experimental designs and instrumentation have demonstrated remarkable advances, the efficient sample preparation of single cells still lags behind.
In this live webinar, we will discuss the use of a single-cell proteomics sample preparation device, coupled to mass spectrometers, which comprises a single-cell proteomics workflow solution with surprising sensitivity and throughput.
Multiplexed and label-free one-pot workflows were developed that are robust, sensitive and loss less.
Versatile and automated sample preparation drives biological applications of single-cell proteomics.
Identifies nearly 2,600 proteins across 170 multiplexed single cells from two highly similar human cell types.
Key Learning Objectives:
Identify key challenges and solutions for single-cell proteomics experiments
Understand an end-to-end workflow for single-cell proteomics sample preparation and analysis
Learn how mass spectrometry approaches can be applied to single-cell proteomics
Proteomics researchers
Laboratory managers
Karl Mechtler
Head of Protein Chemistry Facility
Research Institute of Molecular Pathology (IMP)
In the Mechtler lab, we are interested in developing new methods to increase the sensitivity, accuracy and precision of protein identification/quantification and the detection of post translational modifications. Our aim is to use these optimized methods to answer fundamental biological questions. We currently aim to optimize miniaturized sample preparation workflows by employing and further adapting published techniques for various biological systems (organoids, tissue samples) and applications (complementing sequencing techniques with proteome expression data). Furthermore, we investigate alternative labeling and acquisition strategies to enable accurate single cell or other very low input proteome measurements.
David Hartlmayr
Proteomics Application Specialist
David Hartlmayr received his Master's degree from the University of Natural Resources and Life Sciences, Vienna. As a Masters student and technical assistant in the Mechtler Lab at the Research Institute of Molecular Pathology (IMP), he co-developed and optimized the proteoCHIP workflow for multiplexed single-cell proteomics He is currently a proteomics application specialist at Cellenion, Lyon, carrying out method development of single-cell proteomics workflows.
Postdoctoral Scientist and Deputy Head
Manuel Matzinger focuses on uncovering hidden protein-protein interaction networks and is keen to investigate the proteome of single cells with unprecedented sensitivity and depth. He is responsible for coordination of the group's method development projects, grants as well as in the supervision of students. As a trained chemist, his research focuses on the development of strategies to enrich low abundant crosslinked peptides from complex matrices enabling sufficient detection by means of mass spectrometry. Furthermore, his research focuses towards single-cell proteomics in tight collaboration with Cellenion. By improving all relevant aspects from sample preparation to fine-tuned chromatographic separation and MS acquisition with state-of-the art equipment, a complete bundle of instrument parameters and tricks yielding in high proteome coverage and quantitative accuracy for ultra-low input is achieved. The optimized workflow strategies are applied aiming to investigate fetal brain development on the most basic level using single cells from brain organoids.
Time and Date:
Fri, Oct 21, 2022 11:00 AM EDT
ThermoFisher Scientific


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I am a historian and anthropologist of science, technology and medicine, specialising in China. I am particularly interested in how politics are expressed and enacted through everyday technologies (with lots of work on technology, gender and the state), and in the politics underpinning different narratives about technology in national, comparative and global history.
I began my research career working on the history of agriculture and of science, technology and medicine in China. After a wonderful year of ethnographic fieldwork, which I spent in Kelantan, Malaysia splashing through the mud of paddy-fields and learning from farmers how they negotiated the challenges of Green Revolution technology, I expanded my interests to anthropology and issues of rural development. More recently, through my interest in the macro- and micro-politics of everyday technologies (including food, housing, communications and hygiene) in contexts as far apart as imperial China and contemporary California, I have been involved in collaborative projects not only with anthropologists, historians and development studies specialists, but also with STS scholars. I am also engaged in several experimental projects exploring new, non-Eurocentric ways to write global history.
I have worked at the Needham Research Institute in Cambridge, the Centre National de la Recherche Scientifique in Paris, UCLA, the Centre for the History of Science, Technology and Medicine at the University of Manchester, then UC Santa Barbara and, since 2005, the University of Edinburgh. In 2015-16 I was President of the international Society for the History of Technology (SHOT), and as SHOT's Past President I continue to work towards making SHOT and the field of history of technology more truly international, not just socially but intellectually.


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Webster County presents new father Zack LaGrange with 50-6 win over Fulton City
Hours after the wife of coach Zack LaGrange gave birth to the couple's first child, Webster County picked up a 50-6 win over Fulton City.
Webster County presents new father Zack LaGrange with 50-6 win over Fulton City Hours after the wife of coach Zack LaGrange gave birth to the couple's first child, Webster County picked up a 50-6 win over Fulton City. Check out this story on thegleaner.com: https://www.thegleaner.com/story/sports/2019/09/20/webster-county-rolls-50-6-win-over-fulton-city/2397572001/
Cameron Brown, Special to The Gleaner Published 11:40 p.m. CT Sept. 20, 2019
DIXON, Ky.— Webster County football coach Zack LaGrange had two major reasons to be happy on Friday.
After his wife, Brittany, give birth to the couple's first child earlier in the afternoon, LaGrange also had a great effort from his team despite his absence from the Fulton City game on Friday night as the Trojans rolled to a 50-6 homecoming victory over the Bulldogs.
"I felt like everybody worked harder because they knew that he was at the hospital and couldn't be here," Trojan senior and homecoming king Shawn Guinn said. "We all respected that he couldn't be here, and I think we just played our hearts out for him."
Longtime Webster County assistant and former Trojan player Jacob Knight stepped into the role of interim head coach for the game, and Knight was pleased with how the Trojans took care of business from the start as Webster put the KHSAA-mandated running clock into effect midway through the second quarter.
"We played a good ballgame," Knight said. "We were a little slow at the beginning, and I felt like it just took a little time for these guys to settle in and play football and we did that."
Webster County (2-3) ran the ball very well in the first quarter as Guinn had a pair of 42-yard touchdown runs in the first frame while junior Tanner Robertson took it from six yards out to give the Trojans a commanding 21-0 advantage after one.
"Pretty much what we did was run a two-back," said Guinn, who finished as the Trojans' leading rusher with 99 yards on four carries. "I had Tanner Robertson leading me, and he blocked really well for me. He was probably the reason I scored those times."
The Trojans began to air it out in the second quarter as quarterback Mason Wilson—who leads Class 3-A in passing yards—connected with Aden Winn on a screen pass on the near sideline before the Trojan senior caught a couple blocks and sprinted 79 yards into the end zone untouched. Winn added a 25-yard touchdown reception later in the quarter, and Wilson ran it in for the two-point conversion to put the running clock into effect.
Fulton City (0-5) scored on its opening drive of the second half as Jaheim King took it in from five yards out on a quarterback keeper. The Trojans then expanded on their lead in the fourth quarter with a 22-yard touchdown run by Kale Bumpus and a 3-yard scoring scamper by Daniel Yates to ultimately make the final score 50-6 as Webster won its homecoming game for the third time in four seasons.
"Just a really good game for us," Guinn said. "I think this will motivate us for the next game at Caverna. We just have to have a steady head."
Webster County did not commit a single turnover after turning the ball over a combined 15 times in their three-game skid. The Trojans will look to continue to iron things out as they are seeking back-to-back victories for the first time since 2007 on Friday at Caverna before opening up district play at Union County the following week.
"I believe it's really important to get out there and show 'Hey, we can play ball, we know what we're doing, we can cut down on our mistakes and play better football," Knight said. "We did (Friday night), and I think it will be a huge boost of confidence for Caverna next week."
Webster Co. 50, Fulton City 6
Webster Co. 21 15 0 14 -- 50
Fulton City 0 0 6 0 -- 6
WC—Shawn Guinn 42 run (Joel McCormick kick)
WC—Guinn 42 run (Mason Wilson run)
WC—Tanner Robertson 6 run (kick failed)
WC—Aden Winn 79 pass from Wilson (McCormick kick)
WC—Winn 25 pass from Wilson (Wilson run)
FC—Jaheim King 5 run (run failed)
WC—Kale Bumpus 22 run (McCormick kick)
WC—Daniel Yates 3 run (McCormick kick)


The Year of the Railroad Marketer. A primer on mix. The lessons to be learned from the One Train Railroad (OTRR). RailAmerica sells Colorado RR to Permian Basin Group. Comments on how to get into the shortline business. One man's shortline outlook for 2006.
MWARS meets in Chicago. RMI gains new subscribers, WIR cites new needs. Incremental pricing redux. More on getting into the shortline business. RailConnect Week 52 and CY 2006 shortline car counts.
UP kicks off Earnings Season with a great story. Koraleski positively bubbles with enthusiasm. GWR leads, RRA lags RMI year-year end shortline car counts from RMI. Steve Friedland weighs in on the matter of shortline and Class I interchange car counts. WNYP extension bodes well for all.
Earnings summaries for BNSF, CSX, CN and NS. Charts comparing financial and operating results.
Results for CP, KCS. Jim Cramer touts Trinity Industries for their rail car business. Barron's On-Line says companies that extract stuff from the ground and do something useful with it are on a roll. Jim Valentine on the impact of the threatened closure of WV coal mines will affect CSX and NS.
Watco signs on with Greenbrier Mgt Services for back office tasks. CN buys three Alberta rail lines from RRA. Class I 2005 revenues up 13% yoy on 2% more revenue units. RRA issues cautious guidance for 2006. Commodities Corner.
A discourse on diesel fuel price outlooks and the link with railroad fuel surcharges. RailAmerica and GWR earnings reports and outlooks encouraging. Beginning a thread on how shortlines manage car movements on their own lines.
CSX hosts another highly successful Short Line Workshop as more than 200 souls from shortlines and CSX gather in Jax. Forest Products out of the Woods for 2006? Two shortlines, a shipper and BNSF mix it up in Lubbock, creating an opportunity to put the RIWG to work again. GWR and RRA Jan revenue units.
Further feedback from the CSX Short Line Workshop. Trends in Class I railroad stock prices. A brief survey of the four publicly-traded car builders' financials, stock prices and outlook. Comparing car-counting methodology at RMI and Railinc.
Letter from AAR President Ed Hamberger on what faces the industry and what you can do to help. Del Monte downgraded and implications for rails. Survey of recent trends for car builders. The relationships between and among double-digit Class I revenue, middling volume increase, and much faster expense increases. Fuel futures? Continuing the thread about shortline car counts. AAR revenue units YTD tell us something about the boxcar market.
UP ups estimates, stock gaps up, pulls everybody else up too. Week 10 carloads great for IM, not so great for merch carloads. GWR stock splits 3:2 providing a split-adjusted double since last May. Feb carloads up 21% with acquisitions, same-store off a point. RRA Feb carloads slip 2.8% with acquisitions, same-store off 1.2%. RMI RailConnect shortline carload index up 2% for Feb.Livonia Avon & Lakeville wins a biggie, DM&E gets lots of good ink in March 2006 Fortune magazine. FreghtCar America gaps up with rails.
A discourse on paper barriers. See where you come out and let me know. MMA names John Schultz VP Transportation. Larry the K takes the other side of the DM&E story.
BNSF has double-tracked all but 53 miles of the ex-ATSF transcon. Beginning a series on how serious BNSF is about velocity. A railroad investment professional says the industry can do better promoting its positives. More on paper barriers. Another shortline success story.


text:
import unittest

from linked_list import LinkedList

class LinkedListTest(unittest.TestCase):
    def test_push_pop(self):
        lst = LinkedList()
        lst.push(10)
        lst.push(20)
        self.assertEqual(lst.pop(), 20)
        self.assertEqual(lst.pop(), 10)

    def test_push_shift(self):
        lst = LinkedList()
        lst.push(10)
        lst.push(20)
        self.assertEqual(lst.shift(), 10)
        self.assertEqual(lst.shift(), 20)

    def test_unshift_shift(self):
        lst = LinkedList()
        lst.unshift(10)
        lst.unshift(20)
        self.assertEqual(lst.shift(), 20)
        self.assertEqual(lst.shift(), 10)

    def test_unshift_pop(self):
        lst = LinkedList()
        lst.unshift(10)
        lst.unshift(20)
        self.assertEqual(lst.pop(), 10)
        self.assertEqual(lst.pop(), 20)

    def test_all(self):
        lst = LinkedList()
        lst.push(10)
        lst.push(20)
        self.assertEqual(lst.pop(), 20)
        lst.push(30)
        self.assertEqual(lst.shift(), 10)
        lst.unshift(40)
        lst.push(50)
        self.assertEqual(lst.shift(), 40)
        self.assertEqual(lst.pop(), 50)
        self.assertEqual(lst.shift(), 30)

    def test_length(self):
        lst = LinkedList()
        lst.push(10)
        lst.push(20)
        self.assertEqual(len(lst), 2)
        lst.shift()
        self.assertEqual(len(lst), 1)
        lst.pop()
        self.assertEqual(len(lst), 0)

    @unittest.skip("extra-credit")
    def test_iterator(self):
        lst = LinkedList()
        lst.push(10)
        lst.push(20)
        iterator = iter(lst)
        self.assertEqual(next(iterator), 10)
        self.assertEqual(next(iterator), 20)

if __name__ == '__main__':
    unittest.main()


text:
Anti-Corruption and Bribery Policy
Equal Opportunities and Dignity at Work Policy
Extraordinary General Meetings
2020 EGM
EGM 2020 Documents
Second EGM 2020
Second EGM 2020 documents
2016 EGM – Cancelled
System of Internal Control and Risk Management
Long term Incentive programmes
Certified Auditors
PDMR Notifications
The purpose of internal control is to achieve an effective organisation that achieves goals set by the Board of Directors. This means to a reasonable extent ensure that the company's business is conducted appropriately and effectively, that laws and regulations are complied with and to provide reasonable assurance in relation to the reliability of the financial reporting. Catena Media has chosen to describe the work on internal control in accordance with COSO's components: control environment, risk assessment, control activities, information and communication as well as monitoring. The Board of Directors is responsible for internal control of the company.
Control Environment
The control environment is based on the distribution of work between the Board of Directors and its committees and the CEO. The control environment also include the values that the Board of Directors and the management have communicated and are operating from. Governing documents are established and assessed on a continuous basis by management and policies are approved by the Board of Directors. Policies, procedures and process descriptions are distributed to and signed for by each staff member using Catena Media's online compliance system. All employees have to formally sign off the Code of Conduct and Insider Policy, while specific departments also need to sign off on policies and procedures relevant to them.
Catena Media follows a process for risk management where the business annually carries out a risk analysis. Risks are identified in the following categories:
IR/Compliance risks
The goal of the risk analysis is that the greatest risks that threaten the company's overall objectives and strategic direction are identified and evaluated in relation to the likelihood of the risk occurring during the planning period as well as its impact on the goal achievement. How well the risks are managed should be taken into consideration. Each risk has a designated risk owner in the line organisation with the mandate and responsibility to ensure that measures and controls for managing the risk have been implemented. The risk owner is also responsible for monitoring, follow-up and reporting of any changes to the risk exposure. Management reports the identified risks to the Audit Committee. Through the Audit Committee, the Board reviews the company's risk management framework and related processes, including risk assessments, the annual risk report and the top 5 risks in detail. This is to ensure that all significant risk areas are covered and that controls are implemented to mitigate the identified risks. The company's largest operational risks are related to the quickly changing environment that characterises the gaming industry specifically and the rapidly evolving area of search engine optimisation in general.
Catena Media has established a risk management procedure including a number of key controls that serve as a basis for the minimum level of control that must be established in the business processes. The control requirements are important tools and instruments for the Board of Directors to be able to manage and evaluate information from the management and take responsibility in relation to the identified risks. Catena Media has placed special emphasis on mapping and assessing the most significant risks relating to financial reporting to ensure correct reporting. As an example, intangible asset controls include the periodic impairment testing procedure in order to determine return and potential impairment. The effectiveness of each control is tested regularly through self-assessment.
Internal information and external communication are regulated using the Communication and Disclosures Policy as well as the Insider Policy. Internal communication to and from the Board and the CEO to the staff is conducted through the weekly newsletter and internal communication tools such as Slack, Jira. Formal policies and procedures are issued on the compliance portal. The Board of Directors regularly receives financial reports on the Group's position and earnings trend. Within the company meetings are held at the management level, then proceeding to the level each entity finds appropriate.
Monitoring activities;
Annual review and approval policies by the Board of Directors.
Reporting of risk analysis once per year to the board of directors.
Reporting of control self- assessment yearly.
Monthly / continuous follow-up and variance analysis of financial reporting figures.
Internal Audit There is no formal internal audit function within the company, although Catena Media has implemented a risk management process including risk assessment, control requirements and self-assessment process for controls. The framework and Self-Assessment results have been reviewed by management and reported to the Board. The head of each area and function within the company has a responsibility to carry out the self-assessment while the Audit committee bears the responsibility together with the Board to ensure compliance with established principles of internal control. The Audit Committee has absolute freedom to call for an external review of certain areas of the company should it be deemed necessary. For ad hoc assignments, external advisors can be commissioned to review particular areas for a second opinion to the Board, should this be considered necessary. Moreover, the company has a Compliance function within the legal team that liaises with the CEO and the Chairperson.
Division of roles within Catena Media – Internal control and risk management
Board of Directors Ultimately responsible for reviewing risks and controls
within the Catena Media Group of companies.
Audit Committee Reporting results of audit meetings to the Board
as well as initiating reviews where necessary.
Remuneration Committee Preparing the Board's decisions regarding remuneration principles, remuneration
and terms of employment of the CEO and guidelines for remuneration and terms
of employment for group executive management position holders and the CEOs of subsidiaries.
Additionally, the committee is tasked with preparing proposals for incentive programs.
M&A Committee Reviewing potential acquisitions and making proposals to the Board of Directors.
Group Management Operationally responsible for controls being put in place to mitigate identified risks.
Ensuring there are policies and procedures in place, as well as ensuring that employees have
sufficient knowledge of internal control.
CFO Operationally responsible for the financial reporting including ensuring sufficient
internal control in the financial reports.
Country Managers Responsible for implementing and following-up on policies that apply to their markets.
Employees Responsible for day-to-day as applicable to their specific roles and for reviewing the controls as applicable.
curious to know more?
feel free to contact us at any time!
General enquiries?
By clicking on Contact Us, I agree to the Privacy and cookie policy. Catena Media processes your personal data based on a legitimate interest.
Want to view our office locations?
We have, since 2012, established a leading market position with approximately 350 employees in the US, Australia, Japan, Serbia, the UK, Sweden, Italy and Malta (HQ).
Here, we'll publish our latest financial reports to help you assess Catena Media as an investment. You'll find more information about our shares, our financial calendar, and historical annual and quarterly reports at Investor Relations.
Copyright © 2019, Catena Media. All Rights Reserved


text:
Cynometra megalophylla är en ärtväxtart som beskrevs av Hermann August Theodor Harms. Cynometra megalophylla ingår i släktet Cynometra, och familjen ärtväxter. Inga underarter finns listade i Catalogue of Life.

Källor

Ärtväxter
megalophylla

redpajama_set_name: RedPajamaWikipedia


text:
A Look Back on 40 Years at Discovery Gateway
Posted on October 2, 2018 January 31, 2021 by Kathleen Bodenlos
2018 marks the Museum's 40th anniversary as an organization! To celebrate Discovery Gateway's 40th birthday, here is a look back on our history from the very beginning.
In 1978, inspired by the Boston Children's Museum, founder Paulette Stevens and her husband saw a need for a place with fun and engaging activities for families and children in Utah. With this vision in mind, the two began organizing a board of directors, volunteer staff, focus groups of children, and a Children's Museum Guild to support and develop ideas for a children's museum in Utah.
Two years later, in 1980, while looking for a special home for the children's museum, Paulette saw the potential in the empty Wasatch Springs building. With the help of then-mayor Ted Wilson, architect Joe Linton, and Councilwoman Barbara Petty (of the Marmalade District), the Salt Lake City Council decided to allow the Children's Museum of Utah to use the building for $1 per year, however a large amount of money would need to be raised to begin to develop programs, build exhibits, and hire staff.
From 1980 to 1983, educators, parents, and community leaders worked diligently in raising capital for the construction of Utah's first hands-on museum. In 1983, after years of fundraising, The Children's Museum of Utah (TCMU) opened in the Wasatch Warm Springs building at 840 North 300 West with 12,000 sq. ft of exhibit space. The first exhibits included a Delta 727 cockpit, a saber tooth tiger skeleton, computers, a medical discovery exhibit, a sight and sound exhibit, and a traveling exhibit from the Holography Museum of New York.
With the opening of The Children's Museum of Utah, it wasn't long before the museum started to grow. New exhibits, events, fundraisers, and programs were continually being added and museum visitation rapidly began to increase. In 1996, Reaction Time Chemistry outreach program for 5th graders began with 38 schools and taught 2,791 students. Today, Reaction Time has grown to include Potential Energy for kindergartners and together the programs now serve 631 schools and over 74,000 students!
November 5, 2002, was a huge turning point in TCMU's future development when Salt Lake County residents voted YES on Proposition 2. Voters approved a $15 million county bond on a $30 million project for Proposition 2 that included the development of a new Children's Museum. On September 2, 2005, construction began on the new location for the children's museum, located here at The Gateway.
On September 16, 2006, The Children's Museum of Utah name was officially changed to Discovery Gateway Children's Museum, during the grand opening celebration at The Gateway location! Discovery Gateway's 444 West 100 South location opened with 6 times more square footage of exhibit space. Thanks to Salt Lake County voters and countless donors, educators, parents and community leaders, Discovery Gateway can continue to achieve its new mission of "inspiring children of all ages to imagine, discover, and connect with their world to make a difference."
After the grand opening of the new location, Discovery Gateway became a staple in the Salt Lake community. In 2010, Discovery Gateway hosted the 1st annual Bumble Bee Bash fundraiser, hosted our first Autism Day in 2012 sponsored by Autism Council of Utah and Center for Disabilities at USU, and in 2015 celebrated the 1st annual Children's Festival fundraiser.
In 2016, Discovery Gateway launched a 3-year plan for museum revitalization as we celebrated the 10th anniversary as Discovery Gateway Children's Museum. From 2016 through 2018, Discovery Gateway raised $1.6 million for a Capital Campaign for exhibit and program revitalization. Admission grew by 9% each year with the introduction of two traveling exhibits, Sid the Science Kid, and Children of Hangzhou, as well as seven new or updated interactive exhibits: Block Party, DG Derby: Powered by Gravity, The Reading Nook, Move It!, SkyCycle, Intermountain Life Flight Rescue Hangar, and WaterPlay! Our staff has grown from 45 to more than 70 as the museum grows and improves.
During this time of revitalization, we have also expanded access to our services by launching an after-school enrichment program, an Access membership program for lower-income families, and additional museum free days. We've strengthened relationships with the Autism community and became the first children's museum to be certified sensory inclusive by KultureCity, a non-profit organization dedicated to effecting change for those with sensory needs. The museum's mission was also updated to "inspiring children of all ages and abilities to imagine, discover, and connect with their world to make a difference."
"Discovery Gateway will continue the important work of providing educational experiences for everyone in our community, expanding our reach through new programs, and continuing to update and add new interactive exhibits" Laurie Hopkins, Executive Director.
More than 6.3 million children and families have been served in 40 years and more than 4 million have been since the move to The Gateway 13 years ago. Through the name changes, the relocation, the traveling exhibits which have come and gone, the parents who played at TCMU as children and now take their own children to Discovery Gateway, all the events, fundraisers, students and teachers, staff and volunteers, Discovery Gateway has been committed to discovery, growth, and LEARNING THROUGH PLAY. Cheers to another 40 years!
Posted in 40 Years of Learning Through Play and tagged 40, a, at, back, bck, discovery, gateway, gtewy, look, on, t, years, yers.
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The villa was built in 1556 by Cosimo I as a fortified hunting lodge. The building, which has a double ramp in brick leading up to the entrance, is attributed to the architect Buontalenti.
Inside the villa are Medici portraits and furniture of various periods and provenance. The natural environment of the villa is illustrated by maps and relief models.
On the first floor is the Historical Hunting and Territorial Museum, which contains a collection of firearms, mostly for hunting and shooting, of the 17th-19th centuries.
It is famous for the story of the poor Isabella De Medici that was "strangled at midday" by her husband in the presence of several named servants, that's why her spirit is still in these places.


text:
Spotting for Lord Nelson, Firing at Gallipoli Port and Turkish Forts on the Straits, 5.30am, June 20th 1915
© Art.IWM ART 4358
Use this image under non-commercial licence.
The media for this item are free to reuse for non-commercial purposes under the IWM Non Commercial Licence and can be downloaded or embedded with the code we offer here. By downloading or embedding any media, you agree to the terms and conditions of the IWM Non Commercial Licence, including your use of the attribution statement specified by IWM. For this item, that is: © Art.IWM ART 4358
Purchase & License
    Spotting for Lord Nelson, Firing at Gallipoli Port and Turkish Forts on the Straits, 5.30am, June 20th 1915 © Art.IWM ART 4358
[url=https://www.iwm.org.uk/collections/item/object/13175][img]https://media.iwm.org.uk/ciim5/177/789/mid_000000.jpg?action=e&cat=Art[/img][/url] [url=https://www.iwm.org.uk/collections/item/object/13175]Spotting for Lord Nelson, Firing at Gallipoli Port and Turkish Forts on the Straits, 5.30am, June 20th 1915. © Art.IWM ART 4358[/url] [url=https://www.iwm.org.uk/corporate/privacy-copyright]IWM Non Commercial License[/url]
image: an annotated sketch of HMS Lord Nelson firing broadsides at Turkish positions on the Gallipoli coast. The ship, on the left, is shown port side on with a Royal Navy destroyer to the right. Smoke on the coast shows where HMS Lord Nelson's shells have fallen.
First World War (production), First World War (content)
Hillier, Herbert
Support: paper
medium: Pencil
Support: Height 106 mm, Width 186 mm
Mount: Height 558 mm, Width 404 mm
Object associations
Associated people and organisations
Royal Navy, Royal Naval Air Service
Royal Navy, Royal Naval Volunteer Reserve
Royal Navy, MANICA (HMS)
Royal Navy, LORD NELSON (HMS)
Gallipoli 1915-1916, Dardanelles, Ottoman Empire, First World War
Great Britain GB
Turkey TR
Gallipoli, Turkey
Dardanelles Straits, Turkey
Aegean Sea, Mediterranean Sea
Associated themes
Royal Navy 1914-1918
Gallipoli 1915
Smoke from Lord Nelson's Guns, 5.30am, June 20th 1915
Spotting for Lord Nelson, Firing Across the Peninsula at Chanak Forts, Enemy Batteries Replying, About 5.15pm, June 25th 1915
Spotting for HMS Lord Nelson and Triumph, Bombarding Chanak Forts and Quays, April 30th 1915
© IWM (EPH 951)
A Short History Of The Dardanelles Campaign
The Dardanelles, a narrow 60-mile-long strip of water that divides Europe from Asia, has been of great strategic significance for centuries. Carefully secured by international treaty, it was the closing of the Dardanelles that eventually brought the Ottoman Empire into the war as a German ally at the end of October 1914.
20 Remarkable Photos From Gallipoli
Gallipoli has become a defining moment in the history of both Australia and New Zealand, revealing characteristics that both countries have used to define their soldiers: endurance, determination, initiative and 'mateship'. Here are 20 remarkable photos from Gallipoli.
'There was a lot of talk, and a talk of land fit for heroes to live in'
Harold Boughton experienced the harsh conditions at Gallipoli but Armistice did mean an end of the challenges faced by millions adjusting to life after war.


text:
Ormesby St Margaret Map
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