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Sharon Lynne Henderson Memorial Fund
By Ellen Kartz on May 7, 2018 in Uncategorized
This fund is created in memory of Sharon Henderson, in recognition of her life-long love of, and advocacy for, Canadian literature. Donations to this fund will be directed to a literary award in her name that will be presented in perpetuity, in support of young or emerging Alberta writers.
HENDERSON, Sharon Lynne
June 25, 1943 – Wetaskiwin, Alberta
April 14, 2018 – Calgary, Alberta
Sharon Henderson beloved wife of Randy Scott Henderson of Calgary, AB, passed away on April 14, 2018 at the age of 74 years.
Sharon lived in Calgary all of her adult life and was an active member of the Unitarian Church of Calgary, Hikers Unanimous and the Doris Govier Canadian Literature Group.
Besides her loving husband, Randy, Sharon is survived by her children and their spouses, Susan and Andy, Steven and Laura, Karen and Bill, and Heather and Mike; her beautiful granddaughters, Marin, Jasmine, Amber, Natalie, and Wren. She was also survived by her brother and his spouse Dennis and Shelly Ericson of Wetaskiwin; step brothers and their spouses, Fred Chambers and Connie Chambers, Larry Chambers and Ardist Chambers, Alvin Chambers, Richard Chambers and Marie Chambers; as well as her step brother-in-law Lorne Hagstrom.
Sharon was predeceased by her parents, Vera and Bill Chambers and her step sister Dollie Hagstrom and Lyle Chambers of Vernon, BC.
A Memorial Service will be held at Unitarian Church of Calgary (1703 – 1st Street N.W., Calgary, AB) on Saturday, June 2, 2018 at 1:00 p.m. Condolences may be forwarded through www.mcinnisandholloway.com.
In living memory of Sharon Henderson, a tree will be planted at Fish Creek Provincial Park by McINNIS & HOLLOWAY FUNERAL HOMES, Chapel of the Bells, 2720 CENTRE STREET NORTH, CALGARY, AB, T2E 2V6, Telephone: 403-276-2296.
Times and locations announced for Copyright Act review open-mic sessions details released
WGA 2018 CONFERENCE CALL FOR VOLUNTEERS


At MBA@Denver, we want to make sure you have all the information you need before submitting your application. To that end, Daniels College of Business admission counselors, faculty and staff host live, online webinars throughout the year to answer your questions, review financial aid options, allow you to experience our virtual platform and meet your peers.
If you'd like to speak with an admissions counselor individually or schedule a virtual tour of our online classroom, reach out at 855-219-6229 or via email.


This Cheesy Chicken Skillet Lasagna is made with a blend of three cheeses and some of our favorite veggies. Bonus: It's a one pot dish that requires very little prep work and even less clean-up!
1. Heat canola oil in a large skillet over medium-high heat. Add zucchini, onions and mushrooms to the oil and begin to sauté for five minutes or until slightly tender. 1. Over the vegetables, evenly spread cottage cheese, parmesan, and ¾ cup shredded mozzarella. 1. Layer uncooked pasta over the cheese. 1. Layer pasta sauce and diced tomatoes over the uncooked noodles. 1. Tightly cover the pan (if you do not have a lid that will fit, tightly cover with tin foil) and simmer over medium-low heat for 15-20 minutes or until the pasta is cooked. 1. Sprinkle with remaining mozzarella and layer with sliced, grilled chicken. Serve warm.
Calories 390, Total Fat 12g (Saturated 4g, Trans 0g), Cholesterol 55mg, Sodium 820mg, Total Carbohydrate 38g (Dietary Fiber 5g, Sugars 10g), Protein 33g, Vitamin A 15%, Vitamin C 40%, Calcium 25%, Iron 20% *Nutritional values are an approximation. Actual nutritional values may vary due to preparation techniques, variations related to suppliers, regional and seasonal differences, or rounding.


A Silk Road quest exploring Uzbekistan's unique cultural and architectural legacy. Discover ancient cities and grand mosque palaces of past whilst meeting today's artists and pottery makers. Your journey ends with the hospitality of local families and walking in a nature reserve.
Arrival in Tashkent at 09:15 from London with direct flight HY202, meet and transfer to your hotel. Free morning to freshen up. Afternoon sightseeing tour in Tashkent with visits to Khast Imam Complex, Chorsu Handicraft Bazaar, Museum of Applied Arts and Independence Square. Overnight in Tashkent.
After breakfast take a morning flight to Nukus at 07:00-08:40, and visit the famous Savietsky Museum with its avant-garde Soviet art collection. Afterwards we drive south (300km), visiting the ancient town ruins of Ayaz Kala en route. Arrival in Khiva late afternoon with time to explore the town. Overnight in Khiva.
Today we will have the whole day in Khiva, Ichan Kala – exploring inside the walls of the ancient town with visits to Kunya Ark fortress, including Kurinish Khana (17c), Mohammed Amin Khan (19c) Madrassah, Islam Khodja Minaret, Palvan-Kari complex, Mohammed Rakhimkhan (19c), Jami Mosque (18c), Pakhlavan Mahmoud Mausoleum, Tash Hauli Palace, Alla-Kulikhan (18c), and Arab Mohammed Khan (18c) Madrassah. Overnight in Khiva.
After breakfast we start our day-long drive to Bukhara (480km / 8 hour drive). En route we stop for lunch and enjoy a stop at Amu Darya River. Overnight and dinner in Bukhara.
Day of sightseeing in Bukhara with visits to The Samanids Mausoleum, Chashmai-Ayub Mausoleum, Kalan Mosque, Kalan Minaret, Miri-Arab Madrassah, Chor-Minor Madrassah, Modarikhan Madrassah, Ulughbek Madrassah, Lyabi-Hauz Architectural Complex, Magoki-Attori Mosque, Bolo-Khauz Mosque, Monumental Shopping Arcades, and The Ark Fortress. Overnight in Bukhara.
After breakfast, we drive off to Samarkand (280km). On the way, we will visit family owned ceramics studio in Gijduvan. Here we will watch the pottery making process and visit the small pottery museum. Overnight in Samarkand.
Day sightseeing tour in Samarkand with visits to Registan Square, Ulugbek, Tillya Kori and Sherdor Madrasah, Guri Emir- Mausoleum of Amir Temur; Shakhi Zinda Necropolis; Bibikhanum Mosque and Siyob Bazaar, and the Silk Paper Factory El Merosi. Overnight in Samarkand.
After breakfast, we continue our journey with a 3.5 – 4 hour drive to Nuratau Eco Reservoir area and nearby villages. Upon arrival, settle into our guesthouse accommodation. We have the afternoon in the village with visits to the local school, bazaar and be acquainted with local people. Overnight in the village in a guesthouse.
Morning visit to Nuratau Eco Reservoir for a nature tour with easy hiking and visiting other local families. Overnight in the family house back in Eski Forish village.
After breakfast, we drive back to Tashkent. Upon arrival, we enjoy a sightseeing tour with visits to Independence Square, Memorial to Tashkent Earthquake of 1966, Amir Temur Square, and the Museum of History of Uzbekistan. Overnight in Tashkent.
Free morning to rest and enjoy a late breakfast, and explore the city independently, before afternoon flight back to London with HY201 at 16:15.


A major component in Governor Bruce Rauner's Budget Address today was a proposal to shift all normal costs of the Teachers' Retirement System (TRS) from the state onto local school districts. His plan would be to phase in the shift with 25 percent of the costs moved to school district budgets in each of the next four years. It is estimated that the first year cost could be over $490 million statewide.
As the governor stated that he would commit an additional $350 million to the evidence-based funding formula, he would then ask school districts for $490 million to be returned to the state. This, obviously, would result in a net loss of funding for hundreds of school districts across the state.
Governor Rauner did state that he would "give schools and local governments the tools they need to more than offset the costs" of the pension shift. However, the vague statement had few details and the "tools" included "increased education funding, the power to dissolve or consolidate units of local government, and more flexibility in contracting, bidding, and sharing services." The idea of saving nearly a half of billion dollars annually for four years through bidding changes hardly seems feasible.
There is one notable fallacy to the logic of the cost shift. When rationalizing the shift, proponents often cite the rich benefits that school districts have bestowed on their employees with the state picking up the tab for the pension liability. When, in fact, only the legislature has created and enhanced pension benefits for TRS members over the years, many times with school management being the only opposition to the bills that increased retirement benefits.
A press statement on the pension cost shift from IASB can be found here.
Governor Rauner bases his budget balancing on the "savings" from shifting pension costs onto school districts and institutions of higher education, cutting back contributions to state employee health insurance packages, selling the James R. Thompson Center in Chicago, and increased revenues resulting from changes in the Worker's Compensation Act. With the savings, he would pay down the budget deficit, invest in education spending, and, eventually, roll back state income tax rates. There was no mention today of a freeze on property tax extensions.
More specifics of the governor's education budget proposal will be reported in the next Alliance Legislative Report.


On FunnyGames.ir you'll find the best collection of Touch the Bubbles games! You'll find no less than 3 different Touch the Bubbles games, such as Touch the Bubbles 4 & Touch the Bubbles 3.
Quickly blow away all the bubbles, but watch out. You better stay away from the obstacles.


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Ashton condemns shooting of IDF soldier in Hebron
EU foreign policy chief urges Israelis and Palestinians to refrain from actions that could undermine peace process
By TOI staff	23 September 2013, 1:03 am 3 Edit
European foreign policy chief Catherine Ashton talks with journalists as she arrives for an informal meeting of EU Ministers for Foreign Affairs at the National Museum – Palace of the Grand Dukes of Lithuania in Vilnius, Lithuania, Friday, Sept. 6, 2013. (AP Photo/Mindaugas Kulbis)
European Union foreign policy chief Catherine Ashton condemned the killing of Israeli soldier Gal Gabriel Kobi by a Palestinian sniper in Hebron on Sunday, and called for "maximum restraint" on both sides.
In a statement released Sunday evening, Ashton denounced the incident "in the strongest terms," and said the killing "comes in the wake of several worrying incidents in the West Bank."
"The EU regrets the loss of life, urges for maximum restraint and reiterates its call to all parties to refrain from actions that could undermine the negotiation process and the prospects of peace," she said.
Kobi, 20, was pronounced dead after being shot in the neck near Hebron's Tomb of the Patriarchs.
Magen David Adom rescue teams that arrived at the scene provided emergency assistance to Kobi, who was initially reported to be in critical condition after being shot in the neck. He was hit by a single bullet.
Gabriel Kobi (photo credit: Facebook)
According to Channel 2 News, IDF officials estimate that the attack was carried out by a Palestinian terrorist from one of the nearby neighborhoods in the city.
IDF soldiers imposed a curfew on Palestinians in Hebron and began searching the area for the perpetrator of the attack.
Palestinian sources reported violent clashes between IDF troops and local Palestinian residents in the wake of the shooting. Several Palestinians were detained by the IDF, Israel Radio reported.
According to unverified reports, Fatah's Al-Aqsa Martyrs Brigade claimed responsibility for the attack, the radio report said.
On Sunday, Robert Serry, the UN Special Coordinator for the Middle East Peace Process, condemned the killing Friday of Sgt. Tomer Hazan.
Hazan's body was found in a village near Qalqilya Saturday, a day after he was lured to the West Bank by a Palestinian co-worker, kidnapped and killed.
Nidal Amar was arrested and confessed to killing Hazan, the Shin Bet security service said.
Serry said the "shocking murder" was the latest in a series of violent incidents in the West Bank.
He called for calm on both sides, which he said was "all the more important at this critical moment in the political process."
Nidal Amar
Tomb of the Patriarchs
Robert Serry
Gal Gabriel Kobi
MDA Magen David Adom
Amid Gaza tensions, rocket sirens in south go off in false alarm
Activation of warning systems comes after pair of projectiles were fired at Israel Friday evening; Egyptian security delegation said to leave Strip after meeting with Hamas leaders
Gibraltar releases crew members of detained Iranian tanker on bail
By Agencies and TOI staff
Corbyn allies lash Labour deputy chief for criticizing response to anti-Semitism
General Secretary Jennie Formby, who is alleged to have interfered in party probes of anti-Semitism, accuses Tom Watson of 'traducing' her reputation as she undergoes chemotherapy
UK Labour in turmoil over new anti-Semitism claims in BBC exposé
Ex-Labour officials say Corbyn and top aides meddled in anti-Semitism probes
Prosecutors urge no bail for Epstein, warn he could try to influence witnesses
By Larry Neumeister and Michael R. Sisak
26 dead in jihadist assault on Somalia hotel
By Abdi Guled
US weighing how to punish ally Turkey over Russian S-400 deal
By Robert Burns and Matthew Lee

redpajama_set_name: RedPajamaCommonCrawl


If you like men in suits then you'll love Richard Smith Bespoke! This week saw our first fashion photography shoot of the year working with our favourite tailor on location at the very beautiful Artisan restaurant in Manchester. Here's a few samples from the shoot….


"Hundreds of people gathered Tuesday on the front steps of the Capitol to rally in support of Medicaid expansion....Willie Bennett, along with 45 other members of the Dallas Area Interfaith, turned up for the march that snaked down Congress Avenue and up to the Capitol. Bennett said more than 3,000 individuals and 38 institutions had signed up in favor of Medicaid expansion."
"Anderson and her 66-year-old mother, Martha Anderson, were among about 60 Tarrant County residents who gathered at the St. Andrews United Methodist Church in Fort Worth ... for the 200-mile bus trip to Austin. The trip was organized by the Allied Communities of Tarrant (ACT)" in coordination with the Network of Texas Organizations, including Austin Interfaith, The Border Organization, EPISO, Border Interfaith, TMO, WIN, WTOS, Valley Interfaith and COPS / Metro Alliance.


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Occupants of Freddie Mac Foreclosed Homes
Are you currently occupying one of Freddie Mac's foreclosed homes? If so, Freddie Mac provides options to occupants (tenants and former borrowers) of Freddie Mac homes that may allow them to remain in the home and/or avoid eviction.
Shortly after Freddie Mac purchases the home at foreclosure, occupants will receive a letter entitled You Have Options that explains the different opportunities they may have to stay in the home under an existing lease as a bona fide tenant or accept financial assistance (Cash-for-Keys) to help them relocate. The You Have Options letter also provides the occupant with contact information for the real estate agent listing the home if the occupant is interested in pursuing one of these options. It is important that all information requested by Freddie Mac be provided as completely and timely as possible.
Continuation of Prior Lease (Tenant Occupants Only)
Under some federal and state laws, tenants may have the option to stay in the home under their former lease while Freddie Mac markets and sells the home. Freddie Mac complies with all applicable landlord-tenant laws, including those that would allow an eligible tenant to stay until the expiration of their old lease. Tenants that receive rental assistance, such as Section 8 assistance rent control coverage, may also be eligible to continue to rent the home under their existing lease. After the tenant has received the You Have Options letter, Freddie Mac's attorney will contact the tenant to request a copy of the tenant's lease. The tenant will need to provide Freddie Mac's attorney a copy of their prior lease to determine if it qualifies for this option.
Cash-for-Keys Assistance (Tenants and Former Borrowers)
If an occupant chooses to vacate the home, Freddie Mac may offer financial assistance (commonly referred to as Cash-for-Keys) to help them move and relocate from the home. Occupants accepting Cash-for-Keys must leave the home by a specified date, leave the home in broom-swept condition and free of personal belongings or debris as well as comply with the other terms and conditions of the Cash-for-Keys agreement.
The options offered by Freddie Mac can help ease a foreclosure's impact by giving occupants time to determine what option is best for them and their families. We are committed to these efforts and the added benefit of stabilizing property values and local communities by keeping homes occupied and maintained.
About HomeSteps
The HomeSteps Difference
HomeSteps Fraud Policy
Community Stabilization
Occupants of Foreclosed Homes
Search Our Homes
Preventing Foreclosure
Working with HomeSteps
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Peel and wash potato and grate it. Squeeze it well and drain out the excess water. Do the same with the onion. Chop chilies and coriander.
Break the egg and pour it in the hole and sprinkle the rest of the coriander and chilli and salt.
Close the pan with a lid and cook. According to how one wants the egg the cooking time can be altered. Remove from pan and serve with sauce.


Not everyone can be super positive and upbeat each day. There are days when I am feeling anxious, there are days when I feel down. If you follow me on twitter you may see me sending positive vibes and cheering others on. You may see my feed and say to yourself, "wow this guy has got it together" For the most part I do, and I love the connections I have made on social media. There are some days I just need to step back and let the day unfold. If any specific day has me down, I have learned to tell myself that tomorrow is a new day.
I used to get upset when I saw a tv show where a son hugged his mom. I used to get emotional when I would see a son hug his mom in public. I used to get upset when I saw a family of 4, like mine growing up out at dinner. I used to get so angry that that wasn't going to be us anymore. I used to ask god why and get mad at him. I used to just curl up and stay in bed. I used to be that one person that no one wanted to be around, because I was so miserable. I used to be so upset I would cry and scream because my mom wasn't here with me.
Fast forward 9 in a half years. My sisters dies on the way to the hospital. It was an hour away from where I was, she died from a heart attack. Now, times all that what I said above by 2. I mean really, why me I asked myself? I used to, I used to, I used to. Don't get me wrong, I still do. I still get that emptiness in the pit of my stomach when I see others families out and about. I still do get that feeling when a son hugs his Momma. It's different now though. With all I have been through, with all the help along the way, with the writing, with the strength of my wife, I actually smile. I smile knowing they have each other. I smile knowing they get to spend that quality time. I smile knowing my mom is right by my side. I know it sounds strange, but if you are in the dark now you can turn that around. I didn't say it was easy. That's why I am here and chose to put my heart out. It's to reach you or maybe someone else to get where I am. I am not perfect, I think about how life would be if my mom was still here all the time. Just last night at dinner I told my wife that I don't think I would be the same person as I am if my mom was here.
2. Remembering how your loved one was and how they made you happy "taking the memories of your loved ones with you wherever you go.
My wife grew up with several pets. She actually rescued one at the time we started dating, His name is Gato (spanish for cat). As the years went on (Gato) grew on me. When it was time for my wife (girlfriend at the time) and I to move into our own place together Gato came along. Ya see my wife also had two other dogs and a cat that lived in the house with her. We felt bad for Gato, he looked lonely. He would just sit under the bed for days. A few weeks later we decided to get another cat for Gato to play with. We named the cute little kitten Sophie They became best friends, yea there were fights here and there but they both were happy.
We lived in that apartment for three years until we decided to make our first cross-country move. Finally after 5 days of driving with all our stuff and 2 cats we arrived in Arizona. 2 years into living in our house we were getting ready to have our oldest daughter. Gato became very territorial. He went from sleeping in the bassinet we had ready for the baby, to just being very jealous I guess. We didn't want to take any chances with Gato and the baby being in the house together. Not that we didn't trust Gato, so we decided to have Gato stay with my mother and father in law. Now, Sophie on the other hand was a super chill cat. I mean we did adopt her from my home town so she had to be chill right? Sophie was super protective of the baby. She would sleep on the corner of the bed, right by the bassinet. It was like she was protecting her.
Almost a year and a half later I was awoken by Sophie crying, like yelping in pain. My wife and I were like WTF. It was about Midnight and Sophie was down the hall just crying as if she broke a leg. I ran back to the bedroom and told my wife. By the time I got back down the hallway Sophie had jumped into the tub in the front bathroom. I took her out of the tub and brought her down to our room and placed her on the bed with my wife. Not knowing what was going on, we googled the closet animal hospital, which was 30 mins away. It's now about 1230 and I'm getting Sophie in the carrier to bring her to the vet.
They took her back and I waited which seemed like forever. While I was waiting I was talking to the receptionist. This girl reminded me so much of my sister it wasn't funny. It was just the way see presented herself. I actually told her that she looked liked my sister. Anyway, I finally got called back and it turns out that Sophie had a "saddle thrombus," (blood clot that affects the hind legs) I had no clue WTH it was. I asked the doctor if she would make it, and if we were going to have to put her down. I felt so bad, they were gonna keep her over night and I was to come back in the morning. Before I left I went back to see her in the cage and told her I would be back for her tomorrow.
We did our research on the symptoms of Thrombus. We went back to the hospital around noon the next day. The doctor told us that Sophie wasn't able to fully use her back leg. They say pets know when there time is up. Some animals crawl into dark spaces when its there time. Others like Sophie showed no emotion. She sat there with my wife and I just starting at us. No purring like she usually did when we petted her. Just a blank stare, all three of us knew it was her time. The doctor came into the room and we told him our decision. He asked if we wanted to be there for her last moments, and of course I said yes. My wife stayed behind. The Doctor explained what would happen and that it would be quick and painless. I stood there over Sophie watching her blink every so still. I was petting her trying to hold back the tears. The Doctor says "its done" I gave her a kiss and walked away, and started crying like a baby. Who knew losing a pet would be this painful. To this day I still say that was one of the hardest things I ever had to do. Sophie now stays with us all the time. Her ashes are inside a little tie die box. On the front of the box it has her little paw print which is a symbolic way to remember that super chill cat.
It has been 4 years since Sophie left us and we still bring up stories about her. My oldest daughter will just randomly say "I miss Sophie", and we will say "yea we do to Bri" Till next time Let your Grief Heal You.
I did my first podcast last Saturday and it was AWESOME! (Link below) @soulgabashjazz are the best. I don't know why I was a bit nervous about it. Maybe it was out of my comfort zone? I have a blog, so all my life's tragedies and pain and happiness are out there. So what was it? It was something new! That's it's, and now that I got through that the second and third and so on will be easy. I actually loved speaking about what I write about. I think it gives the readers I have a different perspective about what @goodgrievings is all about. It was kinda cool putting a voice to the writing. I know there are some that are skeptical about some of my stories, but I'm not the one to just put my stuff out there without there being any truth to it.
There is a first time for everything, I mean I was nervous as hell to get my first post out there. I reread my posts after the podcast and I have seen a great improvement in what I write. Heck my first post wasn't even a full paragraph, Lol. I'm not sure what the next first thing there is for me yet. I many ideas, maybe my own podcast? Maybe something more. I guess you will just have to keep checking back to see what my next first thing will be.
Here is my first podcast. Hope you Enjoy!


A down payment of 50% of the total Charter price is required for any booking. The balance is due upon arrival. A cancellation fee of 20% of the total charter price is payable for any cancellation more than 2 weeks prior to your start date, with the full deposit being forfeited within 2 weeks of your start date. Payment can be made by credit card (visa or m/c) or cheque.
Please top up the fuel and pump out the boat upon your return to the Harbour. A seasonal pump out pass is provided, however you are responsible to pay for your own fuel. In addition we ask that you clean all dishes, pots and pans, cutlery and the BBQ before returning the boat. We will clean the interior and the deck.
Bareboat Sailing Qualifications: We look for experienced sailors that have either owned or chartered a keelboat in the past, have knowledge of chart reading, rules on the water, aids to navigation, VHF Marine Radio operation.
All boaters from Canada are now required to carry a Pleasure Craft Operators Card, so please ensure you have one and bring it along on your charter. Non-residents may demonstrate proof of competency by providing proof of competency from their own country or by completing a Rental Boat Safety Check List. This checklist will be provided by Ahoy Rentals and will be reviewed with you when we do the check out of the boat at the start of your charter.
Once you have completed the "Sailing Resume" and we have determined that you have sufficient experience, we will confirm availability.
Please complete the form below, once we have reviewed it and determined that you have sufficient experience to charter one of our boats we will contact you for availability and secure a deposit. You can sign the form when we meet for the boat checkout.
What additional sailing experience do you have?
Do you or will someone else on board have navigational experience?
In my opinion I am sufficiently qualified and competent to skipper a bareboat. I am an experienced boater with practical knowledge of piloting. I understand that Ahoy Rentals Ltd. reserves the right of final evaluation of my competency at the time of onboard checkout.
I will not allow anyone not qualified by Ahoy Rentals Ltd. to skipper the Yacht.


The first imaginary number rules is associated with the determination of the square root of a negative number. For instance, if we need to take the square root of -16, we would have to take the square root of its absolute value, which in this case is going to be 4. Once done, you would need to multiply it with i. This means that if you are interested in acquiring the square root of -16, that would come down to being: 4i.
Let us consider that we need to add two number a+bi and c+di. Now, to do so, you would basically need to separately add their real parts, after which they would need to be simplified. After this, the imaginary parts are added separately, and then simplified too. Hence, the answer is going to be: (a+c) + i(b+d).
If truth be told, imaginary numbers rules are quite like those of square roots. This is because if you consider it technically, imaginary numbers actually are a square root. Now, amongst all of these rules, there's also one that states that it isn't possible for an i to be present in the denominator.


First, apologies that this blog post came so late. It's been a busy kickoff to 2018.
Well, it's really just one big change. We have officially decided that all of our monthly dance socials will now take place at our studio on Arbor St. That's right, we have three dance socials (Milonga Mariposa, 3rd Friday, and Salsa Night) and they are all now at the same location! While we loved using Lisa Matias' dance floor, we found we weren't making enough of a profit to make renting that floor worth it. We will, however, continue to use the Lisa Matias Dance Center for our annual New Year's Eve Party and Springaling Dance.
Wondering where Hartford Ballroom is, exactly? Click here to go to our studio page, where you'll get our address, as well as directions and parking.
In other news, we have a new monthly workshop! For the past year, Lisa has been teaching a small Salsa Rueda workshop on Sunday evenings twice a month. Now, we have salsa teacher Luis coming in once a month to teach a very entertaining Salsa Rueda workshop! That's right! On every 1st Saturday of the month, from 3-6 p.m., Luis will be teaching us Rueda, with the beginner class starting at 3 p.m., and the intermediate class starting at approximately 4:30 p.m.. Each class is $10 per person.
Wondering what Salsa Rueda is? Think of Cuban Salsa Rueda as square dancing....but for salsa dancers. Couples dance Cuban Salsa in a circle, a caller calls out the name of a specific turn or pattern, and everyone does the pattern together at once, with that pattern sometimes involving changing partners. It is a lot of fun to do, and Luis is a great teacher!
We do recommend that if you're planning on coming to the workshop, try attending both classes, or at least arriving 20 minutes early for the second class, so that you know what patterns have been covered in the beginner lesson. And we definitely recommend the beginner lesson if you've never taken Luis' classes before!
For more information (or for videos of salsa rueda), check out our Facebook Page!
Final bit of news for our dance students: just a heads up that Quickstep is coming to our Thursday and Sunday classes next month! If you have never done Quickstep before, or if you have but found it confusing last time, may I suggest trying our Level 2 class on Monday nights this month? In our Level 2 class, we are introducing Quickstep by starting you out with the familiar Foxtrot, and then tweaking it bit by bit until you find yourself in the intricately fast dance from the big-band era. We hope to see you then!
Well, that it's for now! Please feel free to check out our Class Schedule for this month's dances! And don't forget our salsa workshops on the weekends!
In this video we talk about the best way to hold hands with your partner.


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Taking On Jay-Z's 4:44
I usually do an album review of artists that i follow but i won't be doing that here, somehow it takes away from the fun of listening to an album and actually enjoying it. So much for the saying Find a Job You Love and You'll Never Work a Day in Your Life. So instead of trying to review this album, imma just talk about the stuff i liked about it.
I was kind of surprised by Jay's 13th Studio album, it was different.. different in a good way. 4:44 sees a Jay-Z far removed from the artist that made Magna Carta... Holy Grail. This Jay-Z no longer feels compelled to make an album that would appeal to a larger audience. 4:44 sees Jay-Z talking about meaningful personal stuff like having good credit, support for his mom coming out and being happy (finally), addressing the Ye rants, problems in his marriage, infidelity and a lot more.
4:44 was a departure for me from the type of music that filled the musicsphere of late. It had me feeling like it's ok to hold up my nose to the mumble rap being peddled by the likes of Future, Young Thug & co. I mean here's an album that's Hip-Hop, an album that made sense. To me the album felt just right, it didn't feel overproduced. The No I.D produced beats complimented the verses quite right, the mixing was quite right and as a whole the album felt right. I loved the fact that he kept the songs to just 10, i loved Damian Marley reggae infused chorus. The album felt at lot more cohesive and Jay didn't let down for once, every song had something to take away and as usual quite a few quotables. In some sense this album was basically Jay-Z giving us some glimpses into the life of the man named Shawn Corey Carter.
Off the album, i enjoyed a few records a little more than others. The Story of O.J and Bam were my favourite cuts off the album. Kill Jay-Z is another good joint and a great choice for the first song. Smile too, great work by No I.D on this record. Moonlight too. Overall 4:44 is without a doubt one of the two best Hip-hop albums of 2017. It's one of those albums that any self-respecting Hip-Hop head should have in his library, particularly in this day and age.
For a track by track breakdown of the 4:44 album, i suggest you read this 1 listen review by @Yoh31
Jay-Z MUSIC
BANKY W - YES/NO VIDEO (download)
EME boss has just released the visuals to his hit single Yes/No. It shows a young Banky and his high
Making sense of Nokia's Pricing
For quite sometime now I have been rather unenthuse with the crop of phones (smartphones) been released. Even with all the features that the likes of Samsung, Apple, Hauwei and the likes tried to talk up during their release events. Each new device has felt like pretty much the same.
However at this year's IFA, Nokia or HMD announced a new flip phone which piqued my interest. However that interest was short-lived when I saw the price of the said phone. And ever since then it has left me wondering who HMD (Nokia) makes these devices for.
Especially since these not quite feature phones cost just as much as an affordable Android phone. At €89, the 2720 isn't exactly what you would call affordable especially when you could buy a Xiaomi Redmi Go for €80, an even more capable Redmi 6A at €90 or even the Nokia 2.2 which costs €90. On the KaiOS side of things, a similarly speced phone from say energizer costs a third of the price of the Nokia 2720 at €30. In Nigeria and …
Can't believe I got this phone for 7,760 Naira
In a time when flagship devices are starting to cost the same as a plot of land and Nokia is sell you a palasa phone for more than 40K. It's quite refreshing to see an OEM that doesn't have its head too far up its arse and that is why Xiaomi will always have a special place in my heart. While i don't own any of their devices, i do love what they are doing. But this story isn't about them and i do love a great bargain.
About a week ago, i sighted something unusual on my mobile carrier's phone page and it was this beauty.
I couldn't believe my eyes and i had to ask their customer service and granted this isn't the iPhone XS MAX or the Galaxy Note 10, i thought that was an exceptionally good offer as i needed a backup device with my old Galaxy Note3 now refusing to power up. I admit it's no iPhone 11, Galaxy S10 or any of the latest Android Flagship smartphones but I'm rather impressed by my latest buy. I managed to snag this little beauty fro…


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U.S. SUPREME COURT HOLDS THAT TEMPORARY ACCESS TO PRIVATE PROPERTY THAT IS APPROPRIATED BY THE GOVERNMENT IS A PER SE PHYSICAL TAKING, GIVING RISE TO NUMEROUS NEW QUESTIONS ABOUT THE LAWFULNESS OF MANY GOVERNMENT INSPECTION REGIMES
By Glen Hansen & Daniel Cucchi on July 13, 2021
I. Introduction.
On June 23, 2021, the United States Supreme Court held in a 6-3 ruling written by Chief Justice John Roberts in Cedar Point Nursery v. Hassid, 592 U.S. ___ (2021) (Opinion), that a California regulation that grants labor organizations a "right to take access" to an agricultural employer's property in order to solicit support for unionization by requiring the employer to allow union organizers onto their property for up to three hours per day, 120 days per year, constitutes a per se physical taking under the Fifth and Fourteenth Amendments that warrants just compensation.
The decision is definitely controversial. One pro-property rights professor declared that "Americans across the political spectrum have reason to be happy the Court denied the government sweeping power to mandate uncompensated invasions of private land." (Ilya Somin, "Supreme Court's Cedar Point property rights decision protects both sides," The Hill (June 23, 2021)(link).) However, other commentators are deeply concerned about the problems that could arise after Cedar Point:
[This decision] opens a Pandora's box of terrible possibilities by casually throwing out decades of regulatory takings precedent in favor of an extremist, potentially limitless view on the rights of property holders. And it will be decades before most people even realize how much damage was done here. (Elie Mystal, "Yesterday's Union-Busting Supreme Court Decision Was a Segregationist Throwback," The Nation (June 24, 2021)(link).)
Or, as another commentator opined: "With Cedar Point, the Supreme Court has handed business owners a loaded gun to aim at every regulation they oppose." (Mark Stern, "The Supreme Court's Latest Union-Busting Decision Goes Far Beyond California Farmworkers," Slate (June 23, 2021)(link).)
This article examines the factual and procedural background of the Cedar Point case; the Court's takings law prior to the decision; the holding issued by the Court and responses by the dissent; and the potential implications of the majority opinion on the ability of governmental entities to access private property for a variety of reasons.
II. Factual and Procedural Background of Cedar Point.
The California Agricultural Labor Relations Act of 1975 ("Act") gives agricultural employees a right to self-organization and makes it an unfair labor practice for employers to interfere with that right. (Labor Code §§1152, 1153(a).) Based on the self-organization rights of employees under the Act, the Agricultural Labor Relations Board ("Board") promulgated a regulation that provides "the right of access by union organizers to the premises of an agricultural employer for the purpose of meeting and talking with employees and soliciting their support." (8 Cal. Code Regs. §20900(e)(1).) That regulation allows a labor organization to "take access" to an agricultural employer's property for up to four 30-day periods in one calendar year. (8 Cal. Code Regs. §§20900(e)(1)(A)–(B).) Two organizers per work crew (plus one additional organizer for every 15 workers over 30 workers in a crew) may enter the employer's property for up to one hour before work, one hour during the lunch break, and one hour after work. (8 Cal. Code Regs. §§20900(e)(3)(A)–(B), (4)(A).) Organizers may not engage in disruptive conduct, but are otherwise free to meet and talk with employees as they wish. (8 Cal. Code Regs. §§20900(e)(3)(A), (4)(C).)
Plaintiff Cedar Point Nursery is a strawberry grower in northern California that employs over 400 seasonal workers and around 100 full-time workers, none of whom live on the property. Plaintiff Fowler Packing Company is a Fresno-based grower and shipper of table grapes and citrus that has 1,800 to 2,500 employees in its field operations and around 500 in its packing facility. None of Fowler's workers live on the premises.
Believing that the union would likely attempt to enter their property again in the near future, these plaintiff growers filed suit in U.S. District Court against several Board members in their official capacity. The growers alleged that the access regulation effected an unconstitutional per se physical taking under the Fifth and Fourteenth Amendments by appropriating without compensation an easement for union organizers to enter their property. The growers requested declaratory and injunctive relief prohibiting the Board from enforcing the regulation against them. The District Court denied the growers' motion for a preliminary injunction and granted the Board's motion to dismiss on the ground that the access regulation was not a per se physical taking because it did not "allow the public to access their property in a permanent and continuous manner for whatever reason." A 2-1 panel of the Court of Appeals for the Ninth Circuit affirmed. By a sharply divided vote, the full Ninth Circuit denied rehearing the matter en banc. The U.S. Supreme Court granted certiorari.
III. Overview Of Supreme Court Takings Law Prior To Cedar Point.
The Takings Clause in the Fifth Amendment provides "nor shall private property be taken for public use, without just compensation." (U.S. Const. amend. V.) The Takings Clause is made applicable to the States through the Fourteenth Amendment. (Chicago, B. & Q. R. Co. v. Chicago, 166 U.S. 226, 241 (1897).) It does not prohibit the taking of private property, but instead is designed "to secure compensation in the event of otherwise proper interference amounting to a taking." (First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304, 314-315 (1987).)
The "paradigmatic" taking that requires just compensation is a "direct government appropriation or physical invasion of private property." (Lingle v. Chevron U.S.A. Inc., 544 U.S. 528, 537 (2005).) That category of "physical takings" cases "requires courts to apply a clear rule." (Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302, 323 (2002).)
The Court has also recognized "regulatory takings" that may be compensable under the Fifth Amendment. The original statement comes from Justice Holmes, who wrote in Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 415 (1922): "[I]f regulation goes too far it will be recognized as a taking." The Court has recognized four (4) different theories under which a government regulation may be challenged under the Takings Clause.
Two types of regulatory takings are deemed per se takings. Those are (1) where government requires an owner to suffer a permanent physical invasion of her property (see e.g., Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 435-438 (1982)); and (2) where regulations "completely deprive an owner of 'all economically beneficial us[e]' of her property." (Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 1019 (1992).)
For regulatory actions that do not involve those two per se takings, the Court has applied two other alternative approaches. The first non-per se approach to regulatory takings is the factored analysis in Penn Central Transportation Co. v. New York City, 438 U.S. 104, 124 (1978), where courts examine the economic impact of the regulation, the extent to which it interferes with investment-backed expectations, and the character of the governmental action. (See e.g., PruneYard Shopping Center v. Robins, 447 U.S. 74, 83 (1980).) In the majority opinion in Cedar Point, Chief Justice Roberts noted that "this Court has generally applied the flexible test developed in Penn Central" to determine "whether a use restriction effects a taking." (Emphasis added.) (See also Lingle v. Chevron U.S.A., supra, 544 U.S. 538-539 [Penn Central factors are "the principal guidelines for resolving regulatory takings claims that do not fall within the physical takings or Lucas rules" (emphasis added)]; Palazzolo v. Rhode Island, 533 U.S. 606, 633 (O'Connor, J., concurring) ["Our polestar instead remains the principles set forth in Penn Central itself and our other cases that govern partial regulatory takings" (emphasis added)]; Koontz v. St. Johns River Water Management District, 570 U.S. 595, 621 (2013) (Kagan, J., dissenting) ["[c]laims that government regulations violate the Takings Clause by unduly restricting the use of property are generally 'governed by the standards set forth in Penn Central Transp. Co. v. New York City, 438 U.S. 104, (1978)'" (citations omitted)(emphasis added).])
The second non-per se approach to regulatory takings involves the heightened standard of review in Nollan v. California Coastal Commission, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994). Under Nollan/Dolan, "a unit of government may not condition the approval of a land-use permit on the owner's relinquishment of a portion of his property unless there is a 'nexus' and 'rough proportionality' between the government's demand and the effects of the proposed land use." (Koontz v. St. Johns River Water Management District, supra, 133 S.Ct. at 2591.) The factored analysis in Penn Central is considered more favorable to the government, while the Nollan/Dolan scrutiny is generally more deferential toward property owners.
IV. The Court Holds In Cedar Point That California's Access Regulation Is A Per Se Physical Taking.
The key issue in Cedar Point was which takings analysis should be applied to determine whether the challenged access regulation constituted a taking under the Fifth Amendment. The District Court, the Ninth Circuit and Justice Breyer (in dissent) held that the Penn Central factored analysis should apply. The majority disagreed. Writing for the majority, the Chief Justice explained that the "essential question" is:
whether the government has physically taken property for itself or someone else – by whatever means – or has instead restricted a property owner's ability to use his own property. [Citation.] Whenever a regulation results in a physical appropriation of property, a per se taking has occurred, and Penn Central has no place.
The Chief Justice reasoned that "[o]ur cases establish that appropriations of a right to invade are per se physical takings, not use restrictions subject to Penn Central." He further explained:
The access regulation appropriates a right to invade the growers' property and therefore constitutes a per se physical taking. The regulation grants union organizers a right to physically enter and occupy the growers' land for three hours per day, 120 days per year. Rather than restraining the growers' use of their own property, the regulation appropriates for the enjoyment of third parties the owners' right to exclude.
The Chief Justice stated that the "right to exclude" is "'one of the most treasured' rights of property ownership," "is 'a fundamental element of the property right,' and is 'one of the most essential sticks in the bundle of rights that are commonly characterized as property.'" Thus, he concluded, "government-authorized invasions of property … are physical takings requiring just compensation."
Contrary to the Ninth Circuit and the dissent, the majority in Cedar Point held that the access regulation was a taking even if the appropriation of the property owners' access right was not permanent or continuous. The Chief Justice explained:
The government here has appropriated a right of access to the growers' property, allowing union organizers to traverse it at will for three hours a day, 120 days a year. The regulation appropriates a right to physically invade the growers' property – to literally "take access," as the regulation provides. Cal. Code Regs., tit. 8, §20900(e)(1)(C). It is therefore a per se physical taking under our precedents.
The Chief Justice added that "we have held that a physical appropriation is a taking whether it is permanent or temporary," and "we have recognized that physical invasions constitute takings even if they are intermittent as opposed to continuous."
The majority rejected the argument that latitude toward temporary invasions is a practical necessity for government in our complex modern world. The Chief Justice responded: "With regard to the complexities of modern society, we think they only reinforce the importance of safeguarding the basic property rights that help preserve individual liberty, as the Founders explained."
In dissent, Justice Breyer was joined by Justices Kagan and Sotomayor, and argued that the access regulation "does not 'appropriate' anything; it regulates the employers' right to exclude others." Justice Breyer added:
[O]ur prior cases make clear that the regulation before us allows only a temporary invasion of a landowner's property and that this kind of temporary invasion amounts to a taking only if it goes "too far." See, e.g., Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 434 (1982). In my view, the majority's conclusion threatens to make many ordinary forms of regulation unusually complex or impractical.
The dissent argued that there must be a permanent right of access or occupation, rather than a temporary limitation on the right to exclude, before a per se taking automatically arises. Justice Breyer concluded that "[a] regulation that provides temporary, not permanent, access to a landowner's property, and that does not amount to a taking of a traditional property interest, is not a per se taking. That is, it does not automatically require compensation. Rather, a court must consider whether it goes 'too far' under the Penn Central analysis." He added: "[M]ost government action affecting property rights is analyzed case by case under Penn Central's fact-intensive test."
V. Implications Of The Court's Decision On Various Governmental Demands For Access To Private Property.
In dissent, Justice Breyer considered "the large number of ordinary regulations in a host of different fields that, for a variety of purposes, permit temporary entry onto (or an 'invasion of') a property owner's land." The majority opinion addressed that consideration, and the warnings from the defendant Board that treating the access regulation as a per se physical taking will endanger a host of state and federal governmental activities involving entry onto private property. The responses to those warnings in the majority opinion provide a dimly-lit window into how the Court may respond in future cases to at least four types of government demands for access to private property.
A. Private Property Opened To The Public.
First, the majority distinguished PruneYard Shopping Center v. Robins, supra, 447 U.S. 74, which held that there was no compensable taking where the California Constitution protected the right to engage in leafleting at a privately owned shopping center. Chief Justice Roberts rejected the argument expressed by the dissent that PruneYard shows that limited rights of access to private property should be evaluated as regulatory takings rather than per se takings. His rationale was that, unlike the growers' properties in this case, the property in PruneYard "was open to the public." He explained: "Limitations on how a business generally open to the public may treat individuals on the premises are readily distinguishable from regulations granting a right to invade property closed to the public." In that context, the Chief Justice cited Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241, 261 (1964) as "rejecting [the] claim that provisions of the Civil Rights Act of 1964 prohibiting racial discrimination in public accommodations effected a taking," where the Act was authorized by the Commerce Clause power. In Heart of Atlanta, the Court relied, inter alia, on Legal Tender Cases, 79 U.S. 457, 551 (1870), which held that congressional acts authorizing the use of paper money as the legal tender in the payment of all debts were not prohibited under the Fifth Amendment, because the Takings Clause "has always been understood as referring only to a direct appropriation, and not to consequential injuries resulting from the exercise of lawful power," and because the Takings Clause "has never been supposed to have any bearing upon, or to inhibit laws that indirectly work harm and loss to individuals."]) An open question after Cedar Point is whether that "direct appropriation" vs. "consequential injuries" dichotomy will play a part in future cases involving government access to private property.
The majority in Cedar Point certainly made a significant distinction between private property that is "closed to the public" and private property that is "generally open to the public" in determining whether a governmental appropriation of the right to invade is a compensable per se taking. That distinction may address the concern of some commentators that the case before the Court threatened "to blast a giant hole through the heart of anti-discrimination law," including federal law that forbids "stores, restaurants and other public accommodations to refuse service on the basis of a customer's race," and state laws that "protect LGBTQ persons from similar discrimination." (Aaron Tang, "Just one Supreme Court case could blow up unions, child protection and anti-discrimination law," The Washington Post (March 18, 2021)(link ).) However, the difference between a private property that is "closed to the public" and "generally open to the public" may not be altogether clear, and will certainly be explored in future cases.
B. Trespasses v. Takings.
Second, Chief Justice Roberts addressed physical invasions by government onto private property that amount to a trespass, rather than those that constitute a taking, and reaffirmed that the Court was not jettisoning the "traditional trespass-versus-takings distinction." The distinction rests on the governmental intent. The Chief Justice not only distinguished "isolated physical invasions, not undertaken pursuant to a granted right of access," but also quoted Portsmouth Harbor Land & Hotel Co. v. United States, 260 U.S. 327, 329-330 (1922), as follows: "'[W]hile a single act may not be enough, a continuance of them in sufficient number and for a sufficient time may prove [the intent to take property]. Every successive trespass adds to the force of the evidence.'" (Brackets in original.) In Cedar Point, the Chief Justice held that there was no "mere trespass" because the access regulation "grants a formal entitlement to physically invade the growers' land." Thus, it appears that, under the majority's view, the more often the government causes a physical invasion of private property, even without a formal determination of an intent to invade, the more a taking will exist since the evidence points to an intent on the part of the governmental entity to enter onto private property. The dissent was not convinced. Justice Breyer asked: "[W]hat will count as 'isolated'? How is an 'isolated physical invasion' different from a 'temporary' invasion, sufficient under present law to invoke Penn Central? And where should one draw the line between trespass and takings?" That ambiguity and line-drawing will need to be clarified in future cases.
C. Traditional Common Law Privileges Exception.
Third, the majority in Cedar Point recognized that "many government-authorized physical invasions will not amount to takings because they are consistent with longstanding background restrictions on property rights." The court mentioned "pre-existing limitation[s] upon the land owner's title," "abat[ing] a nuisance" on the property, as well as traditional common law privileges such as public or private necessity, arresting or enforcing the criminal law under certain circumstances, and reasonable government searches that are consistent with the Fourth Amendment and state law. According to the Chief Justice, there was no such limitations here because "no traditional background principle of property law requires the growers to admit union organizers onto their property." However, Justice Breyer asked "[j]ust what are [traditional common law privileges]?" He further asked: "Do only those exceptions that existed in, say, 1789 count? Should courts apply those privileges as they existed at that time, when there were no union organizers? Or do we bring some exceptions (but not others) up to date, e.g., a necessity exception for preserving animal habitats?" Justice Breyer is correct in pointing out the ambiguity in the majority's "traditional common law privileges" exception. The question then, is how narrowly will the majority apply that exception in future cases. Certainly the Chief Justice's strong position regarding the importance of the property right here will play a part in the answer to that question. He wrote:
We cannot agree that the right to exclude is an empty formality, subject to modification at the government's pleasure. On the contrary, it is a "fundamental element of the property right," [citation], that cannot be balanced away. … With regard to the complexities of modern society, we think they only reinforce the importance of safeguarding the basic property rights that help preserve individual liberty, as the Founders explained.
D. Access As A Condition Of Receiving "Certain Benefits."
Fourth, Chief Justice Roberts also explained that "the government may require property owners to cede a right of access as a condition of receiving certain benefits, without causing a taking." He includes "benefit[s] such as a permit, license, or registration on allowing access for reasonable health and safety inspections." In such situations, the government must satisfy the heightened scrutiny of "essential nexus" and "rough proportionality" under Nollan/Dolan. The Chief Justice explained: "When the government conditions the grant of a benefit such as a permit, license, or registration on allowing access for reasonable health and safety inspections, both the nexus and rough proportionality requirements of the constitutional conditions framework should not be difficult to satisfy." The access regulation here is unlike standard health and safety inspections because the regulation "is not germane to any benefit provided to agricultural employers or any risk posed to the public." Thus, the Chief Justice's discussion appears to limit the "certain benefits" language to benefits enjoyed by the property owner, and not general benefits for society as a whole. That is consistent with the majority's application of the Nollan/Dolan scrutiny to cases falling within that "benefits" exception. However, ambiguities remain. Justice Breyer asked in dissent: "[W]hat is the scope of the phrase 'certain benefits'?" He notes that "[m]yriad regulatory schemes" based on benefits "depend upon intermittent, temporary government entry onto private property." Therefore, Justice Breyer further asks: "So, if a regulation authorizing temporary access for purposes of organizing agricultural workers falls outside of the Court's exceptions and is a per se taking, then to what other forms of regulation does the Court's per se conclusion also apply?" Thus, significant ambiguities remain after Cedar Point regarding the constitutionality of temporary access for government inspectors to perform health and safety inspections that are designed to protect workers or renters that are invited onto the private property by the property owner (even if the general public is not allowed), where the "benefit" to the property or its owner is not readily apparent, and where the inspections are designed to protect those workers and renters. Future caselaw will need to flesh out that ambiguity.
By tying the right of access to a permit or license that satisfies Nollan/Dolan, the Court may alleviate the alarm that some commentators had that the outcome in Cedar Point could threaten "state laws that permit child protection inspectors to make unannounced home visits" or hamper "nursing home visits and food safety inspections." (Tang, supra.) Prior to the decision being issued, unions and others had argued that "ruling for the businesses could threaten regulations that allow the government to access private property to conduct workplace health and safety inspections, among other things." (Kate Cimini, "Supreme Court limits California union recruiting in favor of property rights," CalMatters (June 24, 2021)(link).)
After the Court's decision was issued, one commentator stated that the decision nevertheless "undermines the broader legal framework that permits the government to impose all manner of regulations on private property, including workplace safety laws and nondiscrimination requirements." (Stern, supra.) Other commentators exclaimed that the ruling "could make it more difficult for the government to allow temporary access" in areas other than union organizers seeking to reach workers. (Ariane de Vogue and Veronica Stracqualursi, "Supreme Court rules California must pay private businesses to allow union access," CNN (June 23, 2021)(link).) Nikolas Bowie, Assistant Professor of Law at Harvard University, similarly opined: "Antidiscrimination laws 'take' employers' 'right to exclude' workers of color, pregnant workers, and LGBTQ+ workers. Antiretaliation laws 'take' employers' 'right to exclude' whistleblowers and workers who complain of harassment. Fair housing laws 'take' landlords' 'right to exclude' renters of color, families, and renters with vouchers. Rent control laws 'take' landlords' 'right to exclude' renters unable to afford market rates. Endangered species laws 'take' landowners' 'right to exclude' conservationists. Environmental laws 'take' landowners' 'right to exclude' inspectors who are needed to enforce their restrictions." (Bowie, Niko [@nikobowie] Twitter, June 23, 2021 (link).)
Those examples cited by such commentators may include private property that is open to the public, and may include scenarios in which there are "certain benefits" that are provided by the governmental agency in exchange for which the private property owner must allow access to the property, provided the access that is demanded satisfies the heightened scrutiny under Nollan/Dolan. However, in cases where third parties are invited on to the property by the owner but the property is still not considered 'open to the public,' such as single-family or multi-family housing or employment on private property, will a future Court conclude that involuntary government inspections involve restrictions on the "use" of private property that are governed by the factored analysis in Penn Central? The decision in Cedar Point is not clear.
These exceptions to the general rule that were described by the Chief Justice in Cedar Point significantly limit the impact of the Court's holding that "appropriations of a right to invade are per se physical takings, not use restrictions subject to Penn Central." However, even Professor Ilya Somin, who believes that "Cedar Point is a major step forward for constitutional property rights," recognizes that the scope of the exceptions listed by the Chief Justice to its holding "isn't entirely clear and will likely be a subject of future litigation." (Somin, supra.)
VI. Conclusion.
Defending the "right to exclude" others from private property as "'one of the most treasured' rights of property ownership" and "'one of the most essential sticks in the bundle of rights that are commonly characterized as property,'" the majority in Cedar Point held that "government-authorized invasions of property … are physical takings requiring just compensation." However, many questions remain about the scope of the holding in the decision. The case certainly opens up new questions regarding the legality of many government inspection regimes involving private property.
Glen Hansen is Senior Counsel and Daniel Cucchi is Senior Associate at Abbott & Kindermann, Inc. For questions relating to this article or any other California land use, real estate, environmental and/or planning issues contact Abbott & Kindermann, Inc. at (916) 456-9595.
The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, Inc., or the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.
Glen Hansen
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Call Me Mandi / February 5, 2015 by richard ross
An edited version of this text is featured on The Marshall Project
By Richard Ross
Just north of the city of San Francisco, across the bay at the tip of the Marin County, stands San Quentin, California Men's Prison. The crenelated castle-like towers remind you it was built when Abraham Lincoln was still President. It is also the home to the only gas chamber and death row in the state with 550 condemned men.
It is also the work place of Mandi Camille Hauwert, the only transgender correctional officer on the staff.
Every work day, she walks into a hyper masculine world. In addition to the 4,000 male prisoners, many of the corrections officers are former military, forming their own band of brothers. As James Brown sang, "It's a man's man's man's man's world."
Hauwert had entered the correctional system after four years active in the Navy, deployed in the Pacific as a damage control and assessment officer. However, in early 2012, after seven years of working at San Quentin, Mandi ceased to hide her true feelings. She began to wear earrings and makeup and let her hair grow.
Mandi, 35, shows me her correctional academy graduation picture with her parents. It is not easy to recognize the broadly mustached officer as the blonde woman in front of me.
Six feet tall and solidly built, Mandi has been taking hormones for almost three years. She says they often make her emotional and teary. She's especially emotionally as she recounts the number of times she is hurt by "gender misidentification" during her work day—when the guards and prisoners still refer to her as masculine instead of feminine. In fact, she has been sent home several times for crying, although it is nothing she can easily control.
An occasional misidentification of gender might be chalked up to preponderance of men in this world, but the body language of the world around her is often far from subtle. Two or three men, guards as well as inmates will stop a conversation, angle closer to each other and exchange words in a hushed tone as their eyes follow Mandi. Sometimes it is louder and more specific. The most insulting comments are from the inmates just coming into the system. Mandi says she's heard comments like: "He's just a fucking faggot with a fetish for women's underwear."
The people who do treat her with respect are usually those who get to know her better. "When the population knows me and knows who I am, they usually accept me more as a person," Mandi says.
Still every day can be an endurance trial. "Being inside the prison everyday, it's tearing me apart," Mandi says. " It's erasing the sense of myself, my feelings of self worth." She adds, "I believe it is partly the military mind-set which disallows flexibility when considering gender."
In the prison with four cellblocks stacked five tiers high, the environment is pure masculine. Among the guards, who are primarily African-American, one of casual forms of address is "brother," accompanied by clasped hands brought to the chest, an embrace and three solid pats on the back. But Mandi is not a brother. White, broad shouldered, she is nobody's brother. While some people treat her with respect, others can be hurtful.
In the guards' tan and black uniforms, gender is difficult to differentiate. Although her badge is the same, Mandi's uniform is slightly different than those of her colleagues. She wears pants, but they are cut slightly differently than the men's, and instead of a long black masculine tie, she wears a short, crossed ribbon. Her blouse also has pleats and buttons right over left rather than vice versa. Her long sandy blond hair is often tied up. She wears make up and has her nails done. Her voice with the inmates and peers is gentle and demure.
The ability of the institution to embrace her has been slower than she would like. She did receive formal notification about proper dress code and all the formal State of California notification as to her rights, but she was warned that "cross-dressing is not allowed." Although the formalities hinted at what she might expect as a transgender, it is hard to translate that into a warm environment. If an individual worked, for instance, at the Berkeley campus of the University of California, which is just south of the prison, the transformation might be significantly easier--but this is California Men's Prison.
There are three transgender inmates at the prison, Mandy notes. They are chromosomally male, and so they are housed at the men's facility. Likewise those who are chromosomally women, even if they identify as male, are housed at the women's prison.
Mandi's work responsibilities are primarily patrolling the visiting room for inmates and visitors. Juan Haines, an inmate and managing editor of the San Quentin News, describes Mandi as one of the kinder officers in the system. He said, "Many of the guards feel that since you are in prison you are undeserving of kindness and love. They don't realize that my job on visiting day is to be a father to my daughter. Mandi gets this and helps make visits positive."
Mandi's Facebook page reveals an open longing about what family means to her. She has been fortunate enough to be embraced by her mother and father, and Mandi herself openly laments her inability to have children. Transgender people are not allowed to adopt in California.
Her postings are a wealth of self-reflection—a complex narrative of the journey she has embraced since she came out to the prison staff. She is painfully candid and honest: "Each and every day I rediscover little parts of myself that have been long forgotten, or just never before accessed," she wrote in one recent post. "I do not know, & I cannot say what the experience of growing up as oh girl is like, but what I can say with absolute clarity and certainty, is the experience of transitioning to womanhood later in life, is nothing short of mind blowing.
This transition is documented with an almost continual stream of selfies—mostly headshots of a shy but almost glamorous looking woman.
Mandi doesn't write about any complaints against her work colleagues, as she fears more discrimination. "I have existed in a military or paramilitary world all my life," she says. "I know how this works. And where would I start? I am misidentified by pronoun not once or twice a day but tens, hundreds of times a day—it's endless and it's crushing. It's not worth it to me. It's like Chinese water torture---one drop at a time, one pronoun at a time, one snide comment and aside---one after another. It's torture."
Still she knows that others have had it worse. Mandi herself attended the same junior high school in Oxnard where, in 2008, a 15-year-old gay student was shot twice and killed by another student. The assailant eventually pleaded guilty and received a sentence of 21 years.
Mandy's "gender affirmation" surgery is scheduled for March. One advantage of her prison job is that the procedure is covered by her corrections officer insurance.
"I'm glad you are doing my story," Mandi tells me. "I would hope the outcome would be to make life easier for other transgender people. Let's just say I'm not used to positive thinking and have not anything positive in my life in a long time. I have never really smiled much, but part of that also has to do this growing up depressed."
She admits: "Yes, I am anxious" about the upcoming operation, as she sweeps a lock of her blond hair from across her face with her perfectly manicured nail tips--clear lacquer to comply with prison regulations. But she adds, "I will be home recouping with my family. My parents support me, and I am intensely close to my sister. My brother, who is a devout Christian, has disavowed me."
Posted in Blog, Features, Transitioned Tags: California, featured, guards, life, Marshall Project, prison, Richard Ross, transgender
← ". . .nothing but some stupid shit." ". . .my mom was selling drugs." →


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PM highlights ASEAN chief's role in promoting regional connectivity
Prime Minister Nguyen Xuan Phuc received in Hanoi on March 31 Secretary General of the Association of Southeast Asian Nations (ASEAN) Lim Jock Hoi on the sidelines of the sixth Greater Mekong Subregion Summit (GMS-6).
The PM highlighted the increasing role of the ASEAN chief and ASEAN Secretariat in promoting regional connectivity and ensuring harmony among nations.
He said he hopes in the coming time, the ASEAN Secretariat will further promote its function of researching and proposing policies which serve as a basis for member countries' consultation.
The ASEAN Secretariat also needs to step up supervision and coordination of the implementation of the grouping's agreements, he said, stressing the principle of consensus.
The PM underlined the ASEAN Secretariat's tasks of strengthening solidarity among member countries, and maintaining the central role in an open, transparent and rules-based regional architecture based on respect for the interests of each other.
The PM affirmed Vietnam will do its best to contribute to the bloc's development while asking the ASEAN Secretary General to coordinate and create conditions for Vietnam to fulfil the role of ASEAN Chair in 2020.
The ASEAN chief said he believes that Vietnam will fulfil its role as ASEAN Chair in 2020, and expressed his wish that PM Phuc will considers financial support in order to contribute to improving effectiveness of the ASEAN Secretariat's future activities.


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In the Matter of              File No.: EB-11-TP-0132
Albert R. Knighten, Jr.       NAL/Acct. No.: 201232700004
Fort Myers, Florida           FRN: 0021817952
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: June 5, 2012 Released: June 5, 2012
By the District Director, Tampa Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
that Albert R. Knighten, Jr., apparently willfully and repeatedly
violated Section 301 of the Communications Act of 1934, as amended
(Act), by operating an unlicensed radio transmitter on the frequency
107.5 MHz from his residence in Fort Myers, Florida. We conclude that
Mr. Knighten is apparently liable for a forfeiture in the amount of
fifteen thousand dollars ($15,000).
2. On December 1, 2011, in response to a complaint from an anonymous
caller, agents from the Enforcement Bureau's Tampa Office (Tampa
Office) used direction-finding techniques to locate the source of
radio frequency transmissions on the frequency 107.5 MHz to an FM
transmitting antenna mounted on a tower at Mr. Knighten's residence in
Fort Myers, Florida. Agents determined that the signals on 107.5 MHz
exceeded the limits for operation under Part 15 of the Commission's
rules (Rules), and therefore required a license. Commission records
showed no authorization issued to Mr. Knighten or to anyone else for
operation of an FM broadcast station at or near this address.
3. On December 9, 2011, agents from the Tampa Office used
direction-finding techniques to confirm that the unlicensed station on
107.5 MHz was still in operation from the same location identified on
December 1, 2011. Local law enforcement executed a search warrant for
the premises, and agents from the Tampa Office interviewed Mr.
Knighten, who was present in his residence when the station was on the
air. Agents from the Tampa Office also inspected the unlicensed radio
station located in the premises before the equipment was seized by
local law enforcement. Mr. Knighten admitted to purchasing and
installing the radio equipment, and claimed to be the sole person
operating the unlicensed station from this location for over a month.
The agents from the Tampa Office identified Mr. Knighten's voice as
the person broadcasting over the air on December 1 and 9, 2012, and
also found a video available over the Internet showing Mr. Knighten
being interviewed about the station. During the interview, Mr.
Knighten discussed the station's programming, encouraging interested
listeners to tune in to the station, and acknowledged its unlicensed
4. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation, or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. Section 312(f)(1) of the Act defines "willful" as the
"conscious and deliberate commission or omission of [any] act,
irrespective of any intent to violate" the law. The legislative
history to Section 312(f)(1) of the Act clarifies that this definition
of willful applies to both Sections 312 and 503(b) of the Act, and the
Commission has so interpreted the term in the Section 503(b) context.
The Commission may also assess a forfeiture for violations that are
merely repeated, and not willful.  The term "repeated" means the
commission or omission of such act more than once or for more than one
A. Unlicensed Broadcast Operations
5. Section 301 of the Act states that no person shall use or operate any
apparatus for the transmission of energy or communications or signals
by radio within the United States, except under and in accordance with
the Act and with a license granted under the provisions of the Act. On
December 1 and 9, 2011, agents from the Tampa Office determined that
an unlicensed radio station on the frequency 107.5 MHz was operating
from Mr. Knighten's residence in Fort Myers, Florida. On December 9,
2011, Mr. Knighten was present in his residence when the station was
in operation and admitted to operating the unlicensed station for more
than a month. Mr. Knighten also admitted that he purchased and
installed the radio transmitting equipment for the station and was
solely responsible for the station. A review of the Commission's
records revealed that Mr. Knighten did not have a license to operate a
radio station at this location. Because Mr. Knighten consciously
operated the station and on more than one day, the apparent violation
of the Act was both willful and repeated. Based on the evidence before
us, we find that Mr. Knighten apparently willfully and repeatedly
violated Section 301 of the Act by operating radio transmission
equipment without the required Commission authorization.
A. Proposed Forfeiture Amount
6. Pursuant to the Commission's Forfeiture Policy Statement and Section
1.80 of the Rules, the base forfeiture amount for operation without an
instrument of authorization is $10,000. In assessing the monetary
forfeiture amount, we must also take into account the statutory
factors set forth in Section 503(b)(2)(E) of the Act, which include
the nature, circumstances, extent, and gravity of the violations, and
with respect to the violator, the degree of culpability, any history
of prior offenses, ability to pay, and other such matters as justice
may require. In doing so, we find that the violations here warrant a
proposed forfeiture above the base amount. The record evidence in this
case shows that Mr. Knighten wanted to obtain a license for his
station and made public statements to that effect and, therefore, knew
that his station was operating on an unlicensed basis. In spite of
this knowledge, Mr. Knighten operated and publicly promoted the
unlicensed station for over a month, in deliberate disregard for the
Act and the Commission's requirements. Thus, we find that an
additional upward adjustment of $5,000 in the forfeiture amount is
warranted.  Applying the Forfeiture Policy Statement, Section 1.80 of
the Rules, and the statutory factors to the instant case, we conclude
that Mr. Knighten is apparently liable for a forfeiture in the amount
of $15,000.
0.311, 0.314, and 1.80 of the Commission's rules, Albert R. Knighten,
Jr. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
the amount of fifteen thousand dollars ($15,000) for violations of
Section 301 of the Act.
8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's rules, within thirty (30) calendar days of the release
date of this Notice of Apparent Liability for Forfeiture, Albert R.
Knighten, Jr. SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
9. Payment of the forfeiture must be made by credit card, check, or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the Account number and FRN
referenced above. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001.
Regardless of the form of payment, an FCC Form 159 (Remittance Advice)
must be submitted.  When completing the FCC Form 159, enter the
NAL/Account number in block number 23A (call sign/other ID), and enter
the letters "FORF" in block number 24A (payment type code). Requests
for full payment under an installment plan should be sent to:  Chief
Financial Officer -- Financial Operations, 445 12th Street, S.W., Room
1-A625, Washington, D.C.  20554.   For questions about payment
procedures, contact the Financial Operations Group Help Desk at
1-877-480-3201 or E-mail: ARINQUIRIES@fcc.gov. Albert R. Knighten, Jr.
shall send electronic notification on the date said payment is made to
SCR-Response@fcc.gov.
10. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
Sections 1.16 and 1.80(f)(3) of the Rules. The written statement must
be mailed to Federal Communications Commission, Enforcement Bureau,
South Central Region, Tampa Office, 4010 W. Boy Scout Blvd. Suite 425,
Tampa, Florida 33607, and must include the NAL/Acct. No. referenced in
the caption. The written statement shall also be e-mailed to
11. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
accounting practices (GAAP); or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current
financial status. Any claim of inability to pay must specifically
identify the basis for the claim by reference to the financial
documentation submitted.
12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by both Certified Mail, Return Receipt
Requested, and regular mail to Albert R. Knighten, Jr. at his address
of record.
Ralph M. Barlow
District Director,
Part 15 of the Rules sets out the conditions and technical requirements
under which certain radio transmission devices may be used without a
license. In relevant part, Section 15.239 of the Rules provides that
non-licensed broadcasting in the 88-108 MHz band is permitted only if the
field strength of the transmission does not exceed 250 mV/m at three
meters. 47 C.F.R. S: 15.239.
See http://www.youtube.com/watch?v=hLKdgofwtuM (uploaded Apr. 16, 2011)
(last visited Apr. 23, 2012) (An interview with Mr. Knighten, in which he
states: "[The] future of Dunbar Community Radio Service, we hope to be
basically a licensed radio station. Until then, we work on a not to
interfere basis.")
H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
[inserted in Section 312] defines the terms `willful' and `repeated' for
purposes of section 312, and for any other relevant section of the act
(e.g., Section 503) . . . . As defined[,] . . . `willful' means that the
licensee knew that he was doing the act in question, regardless of whether
there was an intent to violate the law. `Repeated' means more than once,
or where the act is continuous, for more than one day. Whether an act is
considered to be `continuous' would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in
Sections 312 and 503, and are consistent with the Commission's application
of those terms . . . .").
See, e.g., Application for Review of Southern California Broadcasting Co.,
Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recons. denied,
7 FCC Rcd 3454 (1992).
See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) (Callais
Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable
television operator's repeated signal leakage).
Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
to violations for which forfeitures are assessed under Section 503(b) of
the Act, provides that "[t]he term 'repeated', when used with reference to
the commission or omission of any act, means the commission or omission of
such act more than once or, if such commission or omission is continuous,
for more than one day." See Callais Cablevision, Inc., 16 FCC Rcd  at
12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons. denied, 15
FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.
See  supra note 3.
See, e.g., Robert Brown, Forfeiture Order, 26 FCC Rcd 6854 (Enf. Bur.,
Northeast Region 2011) (imposing a $15,000 forfeiture for violations of
Section 301), aff'g, Notice of Apparent Liability for Forfeiture, 25 FCC
Rcd 13740 (Enf. Bur., Boston Office 2010) (petition for reconsideration
pending); Loyd Morris, Forfeiture Order, 26 FCC Rcd 6856 (Enf. Bur.,
Section 301), aff'g,  Notice of Apparent Liability for Forfeiture, 25 FCC
pending).
See 47 C.F.R. S: 1.1914.
47 C.F.R. S:S: 1.16, 1.80(f)(3).
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The Churchill Project - Hillsdale College > Articles > Books > 2015 > "Churchill's Trial: Winston Churchill and the Salvation of Free Government" – by Dr. Larry P. Arnn
"Churchill's Trial: Winston Churchill and the Salvation of Free Government" – by Dr. Larry P. Arnn
By JUSTIN D. LYONS
Dr. Arnn's "Churchill's Trial" is available from the Hillsdale College Bookstore and Amazon.
Larry P. Arnn, Churchill's Trial: Winston Churchill and the Survival of Free Government. Thomas Nelson, 240 pages, $14.30, Kindle edition $10.99.
Fighting for Freedom on All Fronts
The study of Winston Churchill can reveal important lessons that remain powerfully relevant for the leaders and citizens of free societies. This notion is itself founded on the belief that though the threats to civilization may have altered since Churchill's day, there is consistency between his challenges and ours—that he is a good guide to follow in the cause of defending freedom. Such a belief must lie behind any conception of history as providing guidance. If these commonalities do not exist, neither Churchill's story, nor history in general, have anything to say to us now.
Churchill was very much aware of the lessons of history. He sought to learn them and to convey them. The preface to the first volume of his memoir of the Second World War resonates with the theme of laying "the lessons of the past before the future," and the intention that his work should be of continuing value permeates all of his writings. One of Arnn's greatest achievements is to lay the lessons of Churchill's career clearly before us.
Why look to Churchill, in particular? Arnn argues that Churchill's career "presents a rare opportunity" for those interested in investigating the art of statesmanship. Prudence, involving "calculating and ordering many things that shift and change," has from ancient times been held to be the defining virtue and art of the statesman. Standing at the pinnacle of politics, the statesman must reflect on ends and means, pursuing what is good for the political community while confronting practical difficulties.
Aristotle wrote that we may best investigate this art "by studying those who have a reputation for it." Churchill not only has that reputation, he made remarkable efforts to preserve and communicate his reasons for acting as he did. In terms of both action and thought, Churchill's career yields near unbounded riches: he was a major actor in the greatest events of his century. His over fifty years in politics were marked by a remarkably copious record of his political views and judgments. By examining this record, one can approach an understanding of his statesmanship.
Yet, Dr. Arnn notes, this opportunity is also a problem. Identifying consistent lessons in so lengthy and varied a career as Churchill's, marked as it was by momentous decisions on the gravest matters and driven this way and that by the variables of politics and war, is an arduous undertaking. The root of this difficulty is the political reality that the "right thing to do depends upon the circumstances"—and circumstances change. Many of Churchill's contemporaries saw him simply as an unprincipled opportunist and a political climber—and were not wholly without supports for their views. Without dismissing or shying away from apparent contradictions, (such as dedication to free government combined with support of the Empire) Arnn defends Churchill against these charges, investigating the political and moral principles that shaped his actions.
If Churchill's reputation for statesmanship leads you to open this book, you will soon perceive Churchill's relevance for the modern world. "Churchill's trial is also our trial," Arnn writes. Despite variations in particulars, Churchill's world and ours are very alike in decisive respects. The challenges he faced internationally were magnified by the new destructive powers created by science—powers wielded by nations guided by political creeds hostile to freedom. Certainly neither the devastating potency of modern weaponry nor the virulence of ideological divides have abated since his time.
Churchill also witnessed the rise of the comprehensive administrative state, with all of its promises and dangers. He sought to curtail and moderate it. What was born in Churchill's day is full-grown in ours. These considerations alone, Arnn notes, supply ample practical reasons to know Churchill's story; but there are other reasons beyond the manifestly practical. Justice and the duty to pursue it are central to true statesmanship. It is certainly worth our time to consider how Churchill, who held to that idea as strongly as any, understood his and his country's purposes and navigated toward them.
Arnn treats the three great challenges to liberty Churchill faced—Nazism, Soviet communism, and the rise of socialism in Britain. This foundation is then overlaid by consideration of the settings and circumstances in which these challenges were confronted: war, empire, and peace. It is worth noting that Arnn devotes more than twice as many pages to peace as to war and empire combined—which is not how Churchill is usually thought about. Yet it indicates something very important: Churchill fought for freedom on all fronts, but he variously wielded weapons appropriate to the different arenas. This insight points to the theme that undergirds the entire work, Churchill's constitutionalism.
Churchill believed the principles of Anglo-American constitutionalism had done much to improve the world's political condition and were the best hope for its future. But there is a tension, Arnn notes, between statesmanship and constitutionalism. The choices of a statesman, though the products of prudential wisdom, are carried forward into action by energy and will—Churchill possessed an ample share of both.
But constitutions both empower and limit. For the sake of protecting political freedom, they set boundaries upon what the statesman may do, and so potentially restrain necessary action. Churchill was remarkable in that, however dire the crisis, he never abandoned, ignored, or corrupted the constitutional order or obstructed the imposition of its rules. Instead, he struggled to defend its principles at home and abroad. Churchill understood that while constitutionalism forswears force as a method of ruling, it does not renounce arms; indeed, in a world of wolves, nations committed to liberty must be ready to draw the sword.
Hitler established a system that "was the abnegation of constitutional rule." Claiming the necessities of crisis, he abandoned the rule of law, acted as he saw fit, poured sorrows upon the world, and destroyed anyone who opposed him. Soviet communism, claiming to act on behalf of the workers, worshipping class rather the individual, appeared different on the surface, but Churchill insisted that "whatever trappings or disguise it wears," tyranny is in essence always the same. Stalin killed millions of his countrymen in pursuit of his aims and drove nails of misery into the lives of millions more.
British Socialism was marked by weak loyalty to the constitutional forms that restrained remaking society on egalitarian lines. While humanely directed at first, Churchill pointed out that such an effort would inevitably give rise to a new ruling class of civil servants—"no longer servants and no longer civil"—who would abuse their power. Controversially, he suggested that to enforce its programs, Socialism would fall back on "some form of Gestapo." Nor was this leftward movement restricted to Britain. Less well-known is Churchill's critique of Franklin Roosevelt's New Deal, which disregarded the restraints on governing power in the U.S. Constitution.
While Churchill's opposition to Socialism was resolute, it was restrained. This, too, is a mark of his constitutionalism. Such foes were not to be met with the sword but opposed through free and open debate with the people as the ultimate arbiters. He may have disagreed, but he always displayed "the respect he believed he owed to people had been elected under constitutional forms by the citizens/subjects who have the rightful authority to elect."
While the expansive ground Churchill covered intellectually and practically in his career can yield important political lessons, those lessons must be extracted from the complex particulars that surround them. We need a guide. Dr. Arnn's expansive knowledge, insight, and thoroughness make him a very good one. He neither pretends that such lessons are always easily extractable, nor that no opposing views are possible.
Gently but irresistibly, Churchill's Trial reveals Churchill as worthy of the highest honors of statesmanship. To learn the lessons, one must read the book, for they are the product of reflection on ends, means, and circumstances and should not be isolated from the reasoning leading to them. Let it suffice to say that among the expansive and rolling tide of books on Churchill, very few have so thoughtfully pursued his guiding wisdom.
July 29, 2020 at 2:34 pm	Reply
I loved Churchill's Trial by Dr. Larry Arnn. That book is a must read for anybody that is interested in Winston Churchill. Plus I loved the online course on Winston Churchill.