text:
The history too. Although international law and the national
The Right to equality of
LGBTQ people and judicial attitude in Nepal and India
Hemansh
Tandon
LGBTQ community, also
called the third genders in general have faced a lot of difficulties in the
recent years as well as in history too. Although international law and the
national laws of various nations have placed the people of LGBTI community on
equal footing as everyone, the people of LGBTI community throughout the world
have witnessed discrimination and violence in recent years. In many cases state
is the one that discriminates these people by making discriminatory laws and
passing such verdicts. While several other countries like United States of America,
Canada and a few European countries have given the members of LGBTQ their much
deserving and awaited impermissible bases for equal rights. Sexual orientation
and gender identity just like race , sex creed or religion are impermissible
bases for distinction. But in several countries in Asia their rights are
denied. In this research paper the disparity of the rights given to the LGBTI
people along with the right to equality of these people in context of India and
Nepal would be studied.
1. To
know about the legal provisions regarding the LGBTI people in India and in
know about the verdicts given by the Supreme courts of both the countries in
relation to the right to equality of LGBTI people
make a comparison between the rights as given by laws of each nation and
verdicts of both nations
Research Problem
1. Are
the legal provisions and verdicts given by the Supreme Court of India and Nepal
able to promote the right to equality?
Doctrinal and analytical methods have been used to conduct this research where
only the secondary data is used.
This research is only a study of legal provisions and verdicts. Hence, it
doesn't include the practical societal scenario of availability of rights and
equality of LGBTI people.
The study is only limited to the laws and verdicts of India and Nepal.
OF THE WORD LGBTQ
or GLBT is a term coined for lesbian, gay, bisexual and transgender. till the
1990s the termed used for this group was LGB. In the recent years two more
words are added to it which makes it LGBTQI.1
Apart from lesbian, gay, bisexual and transgender the term can also be used for
a heterosexual. LGBT is intended to create emphasis and awareness about a
diversity of sexuality and gender identity-based cultures.
the sexual revolution of the 1960s, there was no common vocabulary for
non-heterosexuality; the closest such term, third gender, traces back to the
1860s but never gained wide acceptance in the United States.2
Many people started using alternative terms like queer, gay and lesbian. But
words like queer were started being used to insult the members of this
CRITICISM OF THE WORD
term LGBT got several criticisms like including the word 'transgender' in it.
They argue that transgender and transsexual causes are not the same as that of
lesbian, gay, and bisexual. This
argument centers on the idea that transgenderism and transsexuality have to do
with gender identity, or a person's understanding of being or not being a man
or a woman irrespective of their sexual orientation. 3LGB
issues be a matter of sexual orientation or attraction. These distinctions have
been made in the context of political action in which LGB goals, such as
same-sex marriage legislation and human rights work (which may not include
transgender and intersex people), may be perceived to differ from transgender
and transsexual goals. 4
HISTORY OF LGBTQ
history dates to the first recorded instances of same-sex love and sexuality of
ancient civilizations, involving the history of lesbian, gay, bisexual,
transsexual, and transgender (LGBT) peoples and cultures around the world.5
first instances of LGBTQ are found in the history of ancient civilization.
There are several instances of same sex love in the civilization.
instances of LGBTQ are found in several civilizations like Greece, Rome, Pacific,
Chinese and even in the Indian Civilization.
LGBTQ community has faced a lot of criticism not just in the recent times. Like
in the medieval times all the societies accepted the community, but they
weren't back at criticizing them. The first instances of gay right movements
are found in the 1920s in Germany. During the 1920s and 1930s cities like
Berlin, German-Jewish sexologist Magnus Hirschfeld was one of the most notable
spokespeople for LGBT rights currently. The Nazi party came to power in 1933,
one of the party's first acts was to burn down Hirschfeld's institute of
sexology. 6
is argued that the numbers of gay people who perished in the Holocaust was
quite low in comparison to other Holocaust victims, and confined to Germany
itself, based on estimates that of 50,000 gay people who came before the
courts, between 5,000 and 15,000 ended up in concentration camps.
United States of America became very intolerant and hostile against the LGBTQ community.
But even though seeing the hostile nature of the government towards the
community many gay and lesbian didn't hide their identity but instead proudly
revealed their gay identities. A whole
new gay subculture was created where there were several gay bars and villages. 7Homosexuality
was considered a taboo in the United States during the 1950s. The legislature
of every state was rigid and against the homosexual behavior and passed anti
sodomy laws for the same.
even politically or economically the community was being oppressed but even in
the children weren't given the rights to express their sexuality. In the boy
scouts of America gays and bisexuals weren't allowed to enter the organization.
The reason given was that homosexuality is immoral and scouts were a symbol of
moral standards, values and required morally straight.
CRITICISM IN RELIGION
there are few people and religion which object the existence of the LGBTQ
community. For instance, in many Islamic countries sodomy is forbidden
according to the sharia law. Saudi Arabia, United Arab Emirates, Iran,
Mauritania, Nigeria, Sudan and Yemen sodomy carries death penalty.
Christianity there are several instances of criticism of the LGBTQ community.
The old testament prohibit man lie with the womankind. Several Christian
condemn same sex activity. The religions founded in India like Hinduism,
Buddhism, Jainism and Sikhism . They consider homosexuality as a western
influence 'Once Dalai Lama stated that relationship between man and woman is
intended by nature. In 2005 the cleric of Akal takt said he is against and
condemns same sex marriage.8
International legal
provisions that mention about the right to equality of LGBTQ people
2 of Universal Declaration of Human Rights(UDHR) has a provision of right
against discrimination on any grounds and article 7 has a provision of equality
of every human before law.
2(1) of International Covenant on Civil and Political Rights (ICCPR) has
guaranteed the right to everyone irrespective of their sexual orientation and
article 26 has a provision of equality before law and right against any
discrimination.
article 2 of Covenant on Rights of Children(CRC) has a provision that mentions
the respect and ensure rights without discriminating on basis of sex.
LAWS OF NEPAL
constitution of Nepal has guaranteed the right to citizenship of every citizen
of Nepal regardless of the gender in Article 10 and that too with gender
identity as in Article 12. Similarly, article 18 has guaranteed the right to
equality and equal protection of law regardless of their sex, without any
the Citizens Rights Act of 2012 B.S. (last revised 2072/11/13 B.S.) in its section 3 and 4 have granted the right
to equality of every citizen before law and right against discrimination on
basis of sex.
Marriage Registration Act, 2028 B.S. (last revised 2072/11/13 B.S.) section 4
has defined the condition in which marriage can be conducted between male and
female only.
Cases of Nepal
the case of Dillu Budiya Vs. Government of Nepal9,
the Supreme Court of Nepal has given a decision stating there cannot be a
condition of not providing a passport with an identity of third gender in a
context where the whole nation is moving forward to end discrimination and
ensure equality. But the impacts of having such changes in MRP while travelling
to different places should be looked upon.
in the case of Sunil Babu Panta Vs. Government of Nepal10,
which is also the first case concerning the rights of LGBTI people; the
petitioner claimed equality before law, guarantee of fundamental rights on
equal basis, issuance of order to opponents to grant citizenship certificate of
their own identity, repeal discriminatory laws and to de-criminalize and
de-stigmatize same sex marriage. Here the court has given a verdict that LGBTI
people are entitled to enjoy every right granted by the state without any
discrimination. The Court also passed the order to the government to introduce
new laws or amend existing ones to include the LGBTI people equally in every
aspect of nation.11
LAWS ON RIGHT TO EQUALITY
OF LGBTQ PEOPLE IN INDIA
history of LGBTQ members has been denied their rights for a very long time. The
mention of their rights being denied are dated back to the Mughal Sultanate.12 The Fatawa-e-Alamgiri
was a law which made same sex intercourse unlawful.13.
Even during the British Raj, they criminalized sexual activities which were
against the law of nature. This lead to formulation of section 377 of the
Indian Penal code.14 The Naz foundation vs Government of NCT of
Delhi is considered one the most historic and landmark judgments in India
regarding the laws on LGBTQ. The judgement regarded article 377 as
unconstitutional and direct violation of fundamental rights provided to us by
the Indian Constitution. 15According
to a previous ruling by the Indian Supreme Court, decisions of a high court on
the constitutionality of a law apply throughout India, and not just to the
territory of the state over which the high court in question has jurisdiction.16
But on 23rd February 2012 ministry of home affairs expressed
opposition on the decriminalization of homosexual activity stating that it is
immoral. Later the government changed its stand and said there is no legal
error in decriminalizing homosexual activities.17 The Supreme court later in 2013 set aside
the decision made by the Delhi high court and said that this issue must be
discussed and debated in the parliament . 18
In 2014 the supreme court of India dismissed the review petition by the Central
Government, NGO Naz
Foundation and several
others, against its 11 December verdict on Section 377 of IPC. 19In
explaining the ruling, the bench said: "While reading down Section 377,
the High Court overlooked that a minuscule fraction of the country's population
constitutes lesbians, gays, bisexuals or transgender people, and in the more
than 150 years past, less than 200 persons have been prosecuted for committing
offence under Section 377, and this cannot be made a sound basis for declaring
that Section ultra vires Articles 14, 15 and 21." 20
On 15 December 2015 Shashi Tharoor member of the Indian parliament introduced
the bill in house but was rejected by a vote of 71-24.
The transgenders in India were guaranteed their voting
rights 44 years after the country's first general assembly election in the year
1994. The transgender in India didn't even get safe medical facilities SRS.21
In 2014, the transgenders in India received some relive when the apex court of
India guaranteed them reservation in education and jobs and considered them as
socially and economically backward class. The court has also given them the
right of changing their gender with any sort of surgery. 22
The international law has de-criminalized homosexuality
and has made various attempts to keep them on equal grounds as that of
everyone. However, in case of South Asia, it hasn't been long since the states
have started sensitizing with this issue. In case of India, there has been ups
and downs and changes from time to time while trying to give the people of
LGBTQ community their right to equality. With recent changes, although the
Constitution of India, 1950 A.D. in article 15 has given a right to equality to
everyone, the Supreme Court has in recent times cited homosexuality as an
immoral act and criminalized it. On the other hand, in context of Nepal,
Supreme Court has expressly considered the Right to Equality of the people of
LGBTQ community. While most laws of Nepal have been revised to include the
right to equality of these people, some laws like the Marriage Registration Act
has still failed to do so.
Hence in this way, although the constitutions of both
countries have granted the right to equality to the people of LGBTQ community;
there is still a gap to be filled in between the homosexuals and the
heterosexuals to ensure their right to equality. In the context of Nepal, some
laws that have not yet incorporated the LGBTQ community on an equal footing
needs to be revised and in context of India Supreme Court has totally
disregarded the right to equality of the people of LGBTQ community. Analyzing
the judicial attitude of both countries, conclusion can be drawn that
inclusion, there is a gap in between the law in book and law in action in
relation to the right to equality of people of LGBTQ community.
1 Acronyms,
Initialisms & Abbreviations Dictionary, Volume 1, Part 1. Gale Research Co., 1985, ISBN 978-0-8103-0683-7. Factsheet five, Issues 32–36, Mike Gunderloy, 1989
2 Swain, Keith
W. (21 June 2007). "Gay Pride Needs New Direction". Denver Post. Retrieved 2008-07-05.
.3 Ross, E. Wayne
(2006). The Social Studies Curriculum: Purposes, Problems,
and Possibilities. SUNY Press. ISBN 0-7914-6909-3.
5 "Local Government Act 2003 (c. 26) –
Statute Law Database". Statutelaw.gov.uk. 2011-05-27. Retrieved
6 Lifton, Robert
(1986). "The Nazi Doctors: Medical Killing and the Psychology of
Genocide". Basic Books
7Cuordileone, K. A. "'Politics in an
Age of Anxiety': Cold War Political Culture and the Crisis in American
Masculinity, 1949–1960″ The Journal of American History 87 (2)
(2000): 515–545
8 Homosexuality and Sikhism". gaylaxymag.com. GayLaxy. Retrieved 4
9 Dillu Budiya Vs. Government of Nepal, Decision No. 9048, N.K.P 2070
B.S. (2013 A.D.)
10 Sunil Babu Panta Vs. Government of Nepal, N.K.P. 2064 B.S., writ no:
11 BIkash Thapa, "case of Sunil Babu Panta: An initiative to
recognize third gender in Nepal", pp. 3-4
12 Kugle, Scott A
(1 Sep 2011). Sufis and Saints' Bodies: Mysticism,
Corporeality, and Sacred Power in Islam. Chapter 4 – Note 62-63: Univ of North Carolina
Press. p. 309. ISBN 9780807872772. Retrieved 20 September 2017.
13A digest of the Moohummudan law pp. 1-3 with footnotes, Neil Baillie,
Smith Elder, London
14 Indian Penal Code
15Indian Penal code
16 Kusum Ingots v. Union of India, (2004) 6 SCC 254: "An order passed
on a writ petition questioning the constitutionality of a Parliamentary Act,
whether interim or final, keeping in view the provisions contained in Clause
(2) of Article 226 of the Constitution of India, will have effect throughout
the territory of India subject of course to the applicability of the Act."
17 "Supreme Court pulls up Centre for
flip-flop on homosexuality". The
Indian Express. 28 February 2012. Retrieved 9 September 2014.
18 Homosexuality is criminal offence: Supreme
Court". Economic Times. 11 December 2013. Retrieved 11 December 2013
19 Supreme Court refuses overruling its
Verdict on Section 377 and Homosexuality". IANS. Biharprabha News. Retrieved 28
20 J Venkatesan
(11 December 2013). "Supreme Court sets aside Delhi HC
verdict decriminalising gay sex". The Hindu. Chennai, India. Retrieved 2013-12-12.
21 Crystallising Queer Politics-The Naz
Foundation Case and Its Implications For India's Transgender Communities" (PDF). NUJS Law Review. 2009
22 "Supreme Court's Third Gender Status
to Transgenders is a landmark". IANS. news.biharprabha.com. Retrieved 15 April
Even but, none of the other slogans have been
Holloway,P.(2015).Time courtroom staff are being used, and it means
Which president. This is definitely an important branch but,
History depth of interest into their works. By allowing
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The net profit of RusHydro according to the International Financial Reporting Standards (IFRS) in the III quarter 2018 decreased by 25.4% in comparison with an indicator for the same period of last year and was 6.345 billion rubles, it is told in the report of the company. The net profit of the company for January — September increased by 39.7% — to 43.033 billion rubles. The revenue of the company in the III quarter increased by 14.6% and was 77.619 billion rubles. Operating expenses made 73.702 billion rubles that is 7.6% more than an indicator for the same period of last year. Profit before taxation was 10.508 billion rubles against 13.031 billion rubles in the third quarter 2017 (decrease by 19.4%). The corrected net profit in the reporting period was 9.973 billion rubles that is 16.5% more than a similar indicator of 2017. The revenue of the company in January — September increased by 4% and was 258.472 billion rubles. Operating expenses made 227.777 billion rubles that is 5.4% more than an indicator for the same period of last year. Profit before taxation in January-September was 56.233 billion rubles against 43.92 billion rubles in January-September, 2017 (growth by 28%). The corrected net profit in the reporting period was 48.41 billion rubles that is 18.5% more than a similar indicator of 2017. The indicator of EBITDA was in the third quarter of 21.067 billion rubles that is 5% more than value for the same period the previous year. In January-September the indicator of EBITDA was 81.016 billion rubles that is 13.1% more, than for the same period of last year.


text:
Golf at Lockhaven opens nostalgic course with new ownership, optimistic future view
Dan Brannan
June 7 2017 3:36 PM | updated June 8 2017 11:35 AM
ALTON - Golf at Lockhaven, formerly known as the Lockhaven Golf course in Godfrey off Illinois Route 3, is in full-scale operation under new owners Heinz Peter and his son, Heinz Peter, Jr.
The golf course is open seven days a week and has retained the quality greens and fairways it has been known for under longtime Golf Course Superintendent Steve Velsor.
The pool and country club areas are not presently open, and the owners are looking for a restaurant to secure a lease. The Pro Shop/Club House is open and Heinz Peter Jr. said he expects a bar to be opened by July.
"By the end of the summer we will have that part of the operation completely up and going," he said of the bar and grill.
Heinz Peter Jr. said that Lockhaven already has "a growing membership base."
"Very simply, we have a very competitive pricing model and a golf course that is in great shape," he said. "We are just focusing on golf at the moment. We would like to lease the restaurant out in the fall and get that back open, but right now the golf course is the focus."
Most Popular: Law Enforcement Responds To Report Of Shooting At St. Clair Square In Fairview Heights
Heinz Peter Jr. said customers have been excited about the course opening.
"A lot of people are nostalgic about the course," he said of Golf at Lockhaven. "I grew up here and it kind of surprised me to field calls from people who are interested in all that we have here from the golf, our swimming pool, tennis courts or the restaurant area. Right now we just want to give people a great place to play golf at a very fair rate."
Heinz Peter Jr. said he and his father have worked together for a long time in business.
"I am more of a businessman and when TheBANK of Edwardsville approached myself and my dad and asked if this is something we would be interested in doing, we knew the golf brand and knew the course would do very well. We submitted an offer to the bank and they took it."
Velsor does a great job taking care of the golf course, Heinz Peter Jr. said.
"He is critical to the operation," the new golf course owner said. "He is a great man and without him this course wouldn't be a tenth of what it is today. He is definitely here for the long haul with us."
For more information, contact Golf at Lockhaven at (618) 466-2441.
Apr 2, 2020 | Mississippi Masters Golf Tournament Postponed Apr 2, 2020
Apr 17, 2018 | Grafton Chamber of Commerce holds first ever Mississippi Masters at Lockhaven Golf Club Apr 17, 2018
Jul 2, 2019 | Free Golf Heralds Reopening of Lockhaven Golf Club Jul 2, 2019
Sep 2, 2010 | Lockhaven Country Club Opens for Public Play Sep 2, 2010
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Yona Coscas leads the AI group at Elbit systems. He joined Elbit systems in 2012, focusing on image processing, then in 2014 joined Elbits' computer vision group where he developed a keen interest in machine learning and in 2017 founded Elbits' AI group. His current interests include nonlinear optimization, machine learning, computer vision and autonomous robotics.


text:
Avoid Clichés Like the Plague (by Tracy Barrett)
In Renaissance Europe, a popular form of entertainment was the commedia dell'arte, where itinerant troupes of actors would wander from town to castle to city and put on semi-improvised plays in exchange for a place to sleep, some food, and, if they were lucky, a small payment. The lady of the manor or the mayor of the city or some other bigwig would give them a theme—two lovers overcome peril and unite happily, a scheming lord attempts to defraud an honest tradesman—and off they'd go.
As a shortcut to the audience, each actor took the part of an easily recognized character. Harlequin always dressed in many colors (think of the jack in a deck of cards) and was a comic figure, servant to the Doctor; Isabella always wore the latest fashion and was usually the love-interest; etc. Spectators knew exactly what to expect of each one.
Good thing we don't have stock characters like that anymore, right?
Wrong. Many authors still rely on clichés as a kind of shorthand. Three that I see repeatedly are the mean cheerleader, the dumb athlete, and the close-minded Christian. I'm sick of these, and not because they reflect on me personally—I am not now, nor have I ever been, a cheerleader, an athlete, or a Christian—but because it's such a lazy way to make a reader feel comfortable.
"That guy drives like a bat out of hell," I once said to a friend.
"What an amazing image!" my friend said. "It sounds like something Dante would say!"
Not the usual reaction to a cliché, right? But my friend had never heard it before—he's Italian—and if you think about it, it is an arresting image: a dark, winged creature hurtling through the gaping maw of the netherworld. Once it was an arresting image to English-speakers, too, but overuse has stripped the phrase of its power. As Julie Esbaugh said in a recent post in Pub(lishing) Crawl, "The first time someone said, 'Actions speak louder than words,' it probably sounded profound! But now that expression has lost its freshness and therefore, its power." (Here are some wonderful examples of visual "translations" of idioms unlikely to be familiar to English-speakers.)
Last month, Alison Flood listed some of her own most-disliked clichés in an article in the Guardian. They're worth studying!
It's fun for an author to come up with new metaphors and similes, and it's fun to come up with characters that buck a stereotype. More importantly, unexpected characters are more believable and fresh to the reader.
Posted by Tracy Barrett at 10:00 AM
Holly Schindler February 12, 2015 at 9:11 PM
So true about unexpected characters...
Tracy Barrett February 13, 2015 at 11:51 AM
I once wrote about a bad guy that dogs loved, to try to buck the cliché of "dogs can tell who's good and bad" but the editor didn't like it. Oddly, I'm a dog-lover and she isn't!
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The third largest city on the island, Rincon Puerto Rico is best known as a top surfing destination. In wintertime, the shores belong to those on their boards. Rincon hotels fill with those seeking the perfect wave, its dirt roads packed with surfers heading to the beach. Rincon Puerto Rico surfing is like nowhere else - and although its beaches are legendary for the sport, going back as far as the 60s (when it was host of the World Surfing Championship), Rincon Puerto Rico is not just for surfers - everyone can enjoy the sandy beaches, the amazing azure water crashing on the shore.
There are plenty of Rincon hotels and beach resorts to keep you happy - many of the most secluded and intimate Puerto Rico resorts are located along Rincon's shores, making them a prime destination for honeymoons and weddings. The Rincon Surf and Board make it obvious what kind of guests they are catering to. Outfitted with the only licensed and credited surf school in the Caribbean, surfers of all shape and age can be found here, toiling in the water just outside. There are also a wide range of accommodations in this Rincon hotel, ranging from hostel-style dorm rooms to condo-like private rooms. Another great place to stay is the Rincon Beach Resort, which is the city's swank and stylish answer to the high-rises you'll find in San Juan.
If you plan on snorkeling, or seeing the humpback whales that visit Rincon in the wintertime, most people head to Crashboat Beach - though you will definitely have to share some space with the hordes of surfers that descend onto Puerto Rico's western beaches each year. Because make no mistake about it - in Rincon Puerto Rico, surfing is king. Windsurfers and bodyboarders make their presence felt, but when it's winter, it's peak time for people to grab their boards and get to the beach. Playa Marias is also a great place to spend time in the sun - it's closer to most Rincon beach resorts and is slightly less crowded than Crashboat Beach.
Another feature of Rincon is the close proximity of Desecheo Island, a nice day trip not far across the water, it is home to excellent diving and fishing, and the emerald pools on the beach are great for snorkeling or just walking the soft sand. You can even charter a boat if you want, as there are dozens that sail out of the city.
Also nearby Rincon, you'll find a few good forest hikes, one of Puerto Rico's best golf courses at the Borinquen Golf Club, and short drives to Aguadilla or the caves at Rio Camuy. No matter what brings you to Rincon, it's unlikely that you'll ever want to leave.


& 5 THINGS THEY SHOULD DO WITH IT!
An allowance provides kids with the opportunity to learn and practice money skills before they earn from their first job An allowance provides them with safety and room to make mistakes. Chances are your children began the process of learning how to ride a two-wheeler with a tricycle and then progressed to a two-wheeler with training wheels before graduating to a two-wheeler An allowance is similar to a tricycle and money they earn is similar to training wheels. Here are my top 5 reasons why kids should get an allowance.
A regular, monthly/weekly allowance works well because it consistently reinforces the idea that they have a budget, and they need to find a way to fit their monthly purchases into that budget, because if they spend it all on the first day of the month or week, they need to wait until they have money again.
Recommendation: Weekly allowances for children under the age of 16 and monthly for youth 16 and over. Consider your child's maturity level when making the decision for weekly or monthly allowances.
Potential Pitfall: Don't bail them out! It will be hard but only by not bailing them out when they have run out of money will they learn the importance of budgeting.
Parents still buy necessities (food of course, basic clothing and shoes, school supplies and books) but they need to pay for the extras. All the extras? Extras include video games, fashion accessories, candy, mani-pedis, fast food and other purchases. When kids pay for things from their own money they can be more selective about their purchases. When it's your money, they may want to buy everything in sight, but when it comes out of their own allowance, they learn what is important to them and what they want to say "No" to.
Recommendation: Before moving to an allowance system, sit down with your child and educate her/him about the cost of certain items. Help them gain an understanding of how certain purchases may impact their ability to do or buy other things.
Possible Pitfall: Their priorities may not be your priorities & that is okay!
In addition to an allowance kids may receive money for birthday and holiday gifts. They may also earn extra money when they do extra chores. Â Help your child identify a short-term savings goal (6-12 months for a teen, 1-6 months for younger kids) as well as a long-term savings goal (>1 year for teens, 6 -12 months for younger kids). Delayed gratification can be tough to endure and it is a good learning experience.
Recommendation: Help them identify the goals, research the price and determine how much they need to save each month or week.
Potential Pitfall: It may be a few times before they can see a savings goal through. Do not buy the item they were saving for if they abandon their plan. And what they want to save for may not be your idea of what you would want them to save for. Remember, it is their money, their goal.
When your kids have their own money, they learn responsible behavior and taking responsibility for one's actions. For example, if one of your kids seems to always forget her/his jacket at school you may want to give him/her a warning that if s/he loses or damages an item (such as a jacket) and it needs to be replaced then your child pays for the replacement using her/his own money, include damage to cell phones.
Recommendation: If your child damages a cell phone consider your child's age and responsibility level when determining how much they should contribute. If you feel your child needs a cell phone and your child cannot afford the replacement cost, consider a flip phone or a smart phone with no Wi-Fi and no internet access until they can reimburse you or work off their debt.
Potential Pitfall: This may be hard to implement, remind yourself that tough lessons now may avoid tougher lessons later.
Kids have decreased independence these days. An allowance is a wonderful way to give them control over something and enable them to make their own decisions. Try very hard not to interfere with your kid's decisions on how to spend/save an allowance. As long as they're not buying something dangerous or inappropriate let them do whatever they want with their allowance. Chances are they will love and appreciate this independence and not abuse it.
Recommendation: Enjoy watching your child develop and grow!
My next blog will address how much an allowance to give your child and how to implement an allowance system.


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The Trump administration is taking a closer look at class-action lawsuits that pay consumers
Published: Feb. 13, 2019 at 12:08 p.m. ET
Andrew Keshner
It's not clear whether the aim is to protect consumers or stick it to plaintiffs' lawyers
Referenced Symbols
Turns out, federal prosecutors don't like coupons.
Justice Department lawyers are asking an appellate court to reverse a class-action settlement that gives consumers $72.50 coupons for pressure cookers, but pays millions of dollars to lawyers.
Observers say the DOJ objections, filed earlier this month, signal a more aggressive approach from federal lawyers in intervening in these consumer-focused cases. To do so, the pro-business Trump administration has dusted off a decade-old statute scrutinizing class-action lawsuits. But it's not clear whether the motivation is to protect consumers or to stick it to plaintiffs' lawyers.
The lower court "abused its discretion in finding the lopsided settlement here to be fair, reasonable and adequate," according to the Sixth Circuit filing in Cincinnati, Ohio. It called the sparsely-requested $72.50 credits "essentially worthless" for cookers that would then require class members spend over $100 of their own money. People could get a similar cooker on Amazon AMZN, +0.53% for about $70, the filing added. Meanwhile, the $2.3 million in legal fees destined for the plaintiffs' lawyers, determined by the court, were out of line, the brief said.
" It called the sparsely-requested $72.50 credits 'essentially worthless' for cookers that would then require class members spend over $100 of their own money. "
Plaintiffs' lawyers previously countered the legal fees were reasonable, and the settlement was a valid outcome for the 3.2 million class members. None of the actual class members complained about the outcome, they noted.
Since Trump took office, federal lawyers have objected in two known consumer-focused class-action lawsuits, twice in this case and once with another settlement deal offering $2 coupons for wine. Before the Trump era, the last time DOJ weighed in on these type of cases was a decade ago, former Justice Department lawyer Rachel Brand said last year.
Class-action cases are powerful ways for consumers to strike at businesses that, they claim, have done them wrong with faulty products, deceptive tactics and other market missteps. At the same time, businesses have long complained the lawsuits can be misused to advance frivolous claims while letting plaintiffs' lawyers cash in.
Over the years, the Supreme Court has been tightening rules on these types of cases. Unrelated to the pressure cooker case, the top court is currently deliberating whether Google's GOOG, +3.15% $8.5 million settlement for alleged privacy violations is fair.
The case of the pressure cookers and their alleged safety problems
This case started with Power Pressure Cooker XL models sold by Tristar Products, the same company selling wares like the Ab Roller and the Jack LaLanne Fusion juicer.
Problems with the cookers allegedly caused "scalding hot contents to erupt," according to the 2016 lawsuit filed in Ohio federal court. Among the alleged injuries, one Brunswick, Ohio man suffered second- and third-degree burns on St. Patrick's Day from spewed corned beef, cabbage and potatoes, the filing said.
Tristar Products never admitted liability or conceded any sort of defect in the cookers, court filings showed.
The sides fought the case, right up until the trial's first day, when they reached a tentative deal. Tristar Products and the class-action lawyers didn't talk legal fees until after they had a deal in place, transcripts said. Judge James Gwin, a District Judge of the U.S. District Court for the Northern District of Ohio, decided the fee award.
" When the Justice Department and the state attorneys general were noticed of the deal, 18 states and the feds criticized the coupons and legal fees. "
When the Justice Department and the state attorneys general were informed of the deal, 18 states and the feds criticized the coupons and legal fees. Gwin rejected their arguments.
Roger Colaizzi, an attorney for Tristar Products at the Washington, D.C.-based law firm Venable, told MarketWatch the pressure cookers were "very safe, deliver great value and convenience to consumers." The trial evidence spoke to those points and the settlement's coupon and extra warranty had "great value," Colaizzi said.
Gwin weighed all that "in determining the settlement was fair and reasonable," according to Colaizzi. "There was not a single objection from consumers in the class, which is pretty significant."
Greg Coleman, a lawyer representing the class-action members, could not be reached for comment.
"Settlements such as this one raise serious fairness concerns by awarding class members only illusory relief while the lawyers bringing the lawsuit are awarded substantial fees," said Principal Deputy Associate U.S. Attorney General Jesse Panuccio in a statement. "We will continue to scrutinize such proposed settlements to ensure they comport with the law and are fair, reasonable, and adequate."
It's unusual for the Justice Department to oppose class-action deals
The Justice Department and state attorneys general say a little-used law gives them the right to weigh in on these cases: the Class Action Fairness Act of 2005. The law, enacted under the administration of George W. Bush, said the agencies had to be told about proposed settlements at least 90 days before they were finalized in court so they could have a chance to weigh in if they wanted. That's how DOJ and the state attorneys general found out about the Tristar Products deal.
Gerald Maatman Jr., a partner at Seyfarth Shaw defending companies in class actions, said it was rare for federal lawyers to give their two cents on a case "until Trump's Department of Justice started doing it." Other administrations "did not parachute in to oppose class action settlements," he said.
Brand said in a speech last year that was due at least in part federal lawyers not having enough time to file objections.
During her tenure, the department received about 700 notices annually, but by the time the paperwork got through mail room screenings and precautionary procedures and lawyers started checking them out, many objection deadlines had blown past.
" 'There was not a single objection from consumers in the class, which is pretty significant.' "
— —Roger Colaizzi, an attorney for Tristar Products at law firm Venable
"It was an almost comical story of government bureaucracy," said Brand, then associate attorney general. "We've begun to fix that process, and are already in a better position to review settlements."
From Maatman's perspective, the motivation for DOJ's objections wasn't "so much that the Department of Justice is worried about consumers. What they are trying to fight is where they believe class-action plaintiffs lawyers are getting too much money and class-action members are not getting anything of value."
Brian Fitzpatrick, a Vanderbilt Law School professor, said the motivations didn't matter because while class action lawyers and companies might want to push through an agreed-upon deal at the end of a case, it was beneficial to have the federal government sometimes raising questions. "Our judges, as talented as they are, are accustomed to ruling in an adversarial process."
Jonathan Selbin, of Lieff, Cabraser, Heimann & Bernstein, represents consumers in class action cases and said "the idea that this administration is doing anything — including the objections in this case — to protect consumers is patently ridiculous. They are doing everything they can to reduce consumer protections that already exist."
Selbin said it was "fair to wonder if any of this has anything at all to do with protecting consumers as opposed to going after lawyers and protecting big companies."
Speaking generally, Selbin said misused class-action cases were "few and far between" — and judges knew how to spot them. Justice Department lawyers hadn't questioned Selbin's settlements, but he said that he would "welcome that scrutiny because we don't do settlements like that."
What the federal government "should not be doing — and I have seen this — is coming in and trashing the merit of the underlying consumer claim," said Selbin. "It is not for the federal government to object to a settlement because they don't like the underlying state-law legal claim."
More From MarketWatch
'Whole grain' label on Cheez-Its misleads consumers, class-action lawsuit says
President Trump says he cut regulations for business — but employee lawsuits have doubled over this critical issue
Fingerprint taken for Six Flags season pass could clear way for class-action lawsuit


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SEE ALL RIDERS
PAWEL PRZEDPELSKI
Torun, Poland
Torun (Poland), Vetlanda (Sweden)
RIDER NUMBER
FIM RANK
Torun SGP (October 11, 2014)
FIRST WIN
35 pts / AVG : 7.00 pts
Heat Raced
Heat WOn
Polish racer Pawel Przedpelski makes his full-time FIM Speedway Grand Prix debut in 2022 after qualifying as winner of the FIM GP Challenge at Slovak circuit Zarnovica in August 2021.
Przedpelski is no stranger to the SpeedwayGP World Championship, having made a number of appearances as Torun SpeedwayGP wild card. He scored 13 points over two nights at the 2021 Marian Rose Motoarena double-header.
The Torun-born racer rides for his hometown team in Poland's PGE Ekstraliga and also competes for Swedish club Vetlanda in the Bauhaus Elitserien.
After impressing in Poland and Sweden, he will be keen to make the most of the biggest opportunity of his career so far.
DID YOU KNOW? Przedpelski is the only rider in the 2022 SpeedwayGP line-up who has never previously been a full-time member of the series.
FIM GP Challenge winner
FIM Team Speedway Under-21 world champion


text:
Esponente della corrente spiritualistica di Victor Cousin, fu autore (1833) di un Cours de droit naturel.

Altri progetti

Collegamenti esterni

redpajama_set_name: RedPajamaWikipedia


text:
Blogs What I Like Archive
Blogs What I Like: Greenscene.me
I haven't done one of these posts in a while, but there's probably no better way to get it out there than saying it on here. Myself and my good...
Columns What I Like: Drowned in Dublin
Not quite a Blogs What I Like feature, but close enough. You're already probably an avid Drowned in Sound reader, and probably haven't failed to notice the new column in...
Links and stuff
This is just a brief interruption to regular programming to point you in the direction of some other things I've been up to recently. Tomorrow night the 2010 Irish Blog...
Blogs What I Like: Day & Night
Niall Byrne aka Nialler9 writes a regular column in the Irish Independent's Day & Night section. He also has a blog to go with it. Today, the Sound of 2010...
Milestone 1500th Post: Irish Music Blogs
For my 1000th post I listed the best Irish albums of all time, and as a special celebration for my 1500th, I'm now going to list my favourite Irish Music...
List: Nialler9′s Top 30 Albums of the Year
He's got some fine choices on there, but props to selecting The Holy Roman Army. An excellent album from some fellow Carlovians. It's the best thing to come out of...
Vote for the Irish albums and songs of 2009
Once again Nialler9 is running his readers' vote for the best Irish Albums and Irish Songs of the year. Super Extra Bonus Party won in 2007 and Jape in 2008...
Blogs What I Like: Simply Zesty
Simply put, Simply Zesty is one of the best blogs in Ireland. It may well be the best. Actually, it's one of the best blogs worldwide. If you're anyway interested...
Blogs What I Like: I Love Charts
I like I Love Charts. In fact I love I Love Charts. It's a fantastic site, and although some of this has been done before, these guys collect everything. It's...
Blogs What I Like: TwoWayMonologues
Back when TwoWayMonologues was a fully-fledged review website (with fancy features and all), I used to write reviews for them (most of them behind the deadline, as Dan will tell...


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Department of Science and Innovation
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The Department of Science and Innovation (DSI) seeks to boost socio-economic development in South Africa through research and innovation. To achieve its goals, the Department provides leadership, an enabling environment and resources for science, technology and innovation.
Through its programmes (administration, technology innovation, international cooperation and resources, research development and support, and socio-economic innovation partnerships) and several entities that work alongside it, the Department is accomplishing groundbreaking science and enhancing the well-being of all South Africans.
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Most public officials do not approve of Trump's tariff
Josie Musico
Better stock up on tequila and avocados.
Constructing a giant, multi-billion-dollar wall across the U.S-Mexico border and ordering Mexico to pay for it was one of Donald Trump's major campaign platforms. Earlier this week, the president formally ordered the wall's construction.
Its proposed funding? A 20 percent tax on goods imported from Mexico.
And as a major supplier of U.S. goods — including a large portion of fresh produce — businesses and consumers will see an effect.
"The range of products we get from Mexico means it's going to hit a wide of range of people," Darren Hudson said. "…The tariff hurts the American consumer, but any effect it has in Mexico only exacerbates the problem to the U.S. It's just bad policy."
The Texas Tech agricultural economist is not surprised that the U.S., unable to convince its southern neighbor to pay for the wall, is footing the bill.
"We're either paying for the wall through a tax on the goods we consume, or we pay it through our income taxes and Congress appropriates the money to do it," he said. "There's no making the Mexican government pay for the wall."
The Associated Press reported the U.S. and Mexico conduct about $1.6 billion worth of trade each day. Now, most of those imports are taxed at low rates — 2-5 percent or so — or not at all.
The Trump administration announced the tariff Thursday afternoon.
Whether it goes from proposal to policy depends heavily on what the North American Free Trade Agreement allows. Even with an executive order, the president can't bypass NAFTA rules against the tariff. Of course, withdrawing from NAFTA remains an option.
"Whatever restraints are on there will supercede an executive order," Hudson said. "… NAFTA is a significant obstacle to what he wants to do, but that doesn't mean he can't pull out of NAFTA. That would be horrible for many reasons."
The value of the Mexican peso dropped after Trump's announcement. If that trend continues, Mexicans could have less money to spend on U.S. goods, and a weakening economy in Mexico could provide more incentives for its citizens to illegally enter the U.S. in search of jobs.
"Even talking about the tariff is exacerbating the problem he's trying to correct, which is illegal immigration to the U.S. or jobs going down there," Hudson said.
A-J Media has not found any public officials who support the tariff.
U.S. Rep. Will Hurd released a statement claiming, "Building a wall is the most expensive and least effective way to secure the border."
The San Antonio Republican represents Texas' 23rd congressional district, which contains more than 800 miles along the border.
"Big Bend National Park and many areas in my district are perfect examples of where a wall is unnecessary and would negatively impact the environment, private property rights and economy," he said. "There is no question that we must secure our border, but we need an intelligence-led approach in order to effectively combat the 19 criminal organizations currently operating in Mexico."
The Lubbock Chamber of Commerce pointed out Texas is Mexico's No. 1 trading partner, so the tariff could particularly hurt the Lone Star State.
"Imposing a 20 percent tax on Mexican imports could result in the possibility of retaliatory tariffs that might be harmful to Texas businesses as well as agriculture," chairwoman Diannah Tatum said via email. "… As we have always done, the Lubbock Chamber will continue to closely monitor and advocate on trade developments and negotiations to ensure that our area businesses and agriculture producers do not suffer repercussions in new trade environments and can trade on a level playing field. The chamber will also stay in close contact with Congressman (Jodey) Arrington and his staff, as well as our senators and their staffs on this important subject to Lubbock and all of Texas."
And those retaliatory tariffs are a near certainty if Trump proceeds with the import tax. Hudson, the Tech economist, said it's not realistic to expect Mexico — or other countries, for that matter — to passively accept whatever the U.S. gives them.
"They're not going to sit idly by and allow that," he said.


LOS ANGELES--(BUSINESS WIRE)--Puma Biotechnology, Inc. (Nasdaq: PBYI), a biopharmaceutical company, announced that results from an ongoing Phase II clinical trial of Puma's drug neratinib are being presented at the 2018 San Antonio Breast Cancer Symposium (SABCS) that is currently taking place in San Antonio, Texas. The presentation entitled, "Neratinib + fulvestrant for HER2-mutant, HR-positive, metastatic breast cancer: Updated results from the phase 2 SUMMIT trial," are being presented at a Spotlight Session by Lillian M. Smyth, M.D., Breast Medicine Service and Early Drug Development Service, Memorial Sloan Kettering Cancer Center, an investigator of the trial.
Neratinib was approved by the U.S. Food and Drug Administration (FDA) in July 2017 for the extended adjuvant treatment of adult patients with early stage HER2-positive breast cancer following adjuvant trastuzumab-based therapy, and is marketed in the United States as NERLYNX® (neratinib) tablets. NERLYNX was granted marketing authorization by the European Commission for the extended adjuvant treatment of hormone receptor-positive HER2-positive early stage breast cancer in September 2018.
The Phase II SUMMIT basket trial is an open-label, multicenter, multinational study to evaluate the safety and efficacy of neratinib administered daily to patients who have solid tumors with activating HER2 or HER3 mutations. In the HER2-mutant, HR-positive breast cancer cohort, 47 patients received 240 mg of neratinib daily in combination with fulvestrant at the labeled dose. In this cohort, 43 patients (92%) had HER2-non-amplified disease, and patients had received a median of 3 prior lines of therapy in the metastatic setting (range 0-11 prior regimens) before entering the trial. All patients had been previously treated with an endocrine agent prior to entering the study, including 25 patients (53%) who had received prior fulvestrant. Further, 20 patients (43%) received prior cyclin-dependent kinase 4/6 (CDK4/6)-inhibitor therapy.
The efficacy summary of the breast cohort that received neratinib + fulvestrant is shown in Table 1 below. The interim efficacy results from the trial showed that for the 47 efficacy evaluable patients, 14 patients (30%) experienced an objective response, which included 4 patients with a complete response and 10 patients with partial responses, and 22 patients (47%) experienced clinical benefit (clinical benefit is defined as confirmed complete response or partial response or stable disease for at least 24 weeks). The median duration of response was 9.2 months and the median progression free survival was 5.4 months. Subgroup analysis demonstrated that patients who had received prior fulvestrant or CDK4/6 inhibitor targeted therapy prior to entering the trial also benefited from treatment of neratinib + fulvestrant. Of note, 6 patients (30%) with prior CDK4/6-inhibitor exposure demonstrated confirmed responses, with the duration of responses ranging from 4.5–14.8 months. Four patients were still on treatment at the time of data reporting.
Response is based on investigator tumor assessments per RECIST v1.1 or modified PERCIST for patients with only PET-evaluable lesions.
Overall objective response (ORR) is defined as either a complete or partial response that is confirmed no less than 4-weeks after the criteria for response are initially met.
Clinical benefit rate (CBR) is defined as confirmed CR or PR or stable disease (SD) for at least 24 weeks (within +/- 7 day visit window).
The safety profile observed in neratinib + fulvestrant-treated breast cancer patients in the SUMMIT study was consistent with that observed previously in metastatic patients with HER2 amplified tumors. With anti-diarrheal prophylaxis and management, diarrhea was not a treatment-limiting side effect in SUMMIT. The interim safety results of the study showed that the most frequently observed adverse event was diarrhea. For the 47 patients enrolled in the trial, 11 patients (23%) reported grade 3 diarrhea. The median duration of grade 3 diarrhea for those patients was 1.5 days. No patients permanently discontinued neratinib due to diarrhea.
This press release contains forward-looking statements, including statements regarding the development of combinations involving neratinib. All forward-looking statements involve risks and uncertainties that could cause Puma's actual results to differ materially from the anticipated results and expectations expressed in these forward-looking statements. These statements are based on current expectations, forecasts and assumptions, and actual outcomes and results could differ materially from these statements due to a number of factors, which include, but are not limited to, the risk factors disclosed in the reports filed by Puma with the Securities and Exchange Commission from time to time, including Puma's Annual Report on Form 10-K for the year ended December 31, 2017. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof. Puma assumes no obligation to update these forward-looking statements, except as required by law.


The Summit took place from Sunday, October 20 through Wednesday, October 23 at History Colorado. On-site participants in Denver experienced a wide range of interactive sessions centered around four tracks: Talks, Workshops, Arts, and Games.
Through the Virtual Summit, participants from anywhere in the world experienced all the Summit Talks from anywhere in the world via livestream. Additionally, virtual participants simultaneously joined the on-site conversation using the Twitter hashtag #ArtsFwd.


text:
Achieving carbon-neutral iron and steelmaking in Europe through the deployment of bioenergy with carbon capture and storage
Mandová H, Patrizio P, Leduc S, Kjärstad J, Wang C, Wetterlund E, Kraxner F, & Gale W (2019). Achieving carbon-neutral iron and steelmaking in Europe through the deployment of bioenergy with carbon capture and storage. Journal of Cleaner Production 218: 118-129. DOI:10.1016/j.jclepro.2019.01.247.
1-s2.0-S0959652619302720-main.pdf - Accepted Version
The 30 integrated steel plants operating in the European Union (EU) are among the largest single-point CO2 emitters in the region. The deployment of bioenergy with carbon capture and storage (bio-CCS) could significantly reduce their fossil-based CO2 emissions. In detail, the results demonstrate that CO2 emission reduction targets of up to 20% can be met entirely by biomass deployment. A slow CCS technology introduction on top of biomass deployment is expected as the requirement for emission reduction exceeds 20%. Bio-CCS could then be a key technology, particularly in terms of meeting targets above 50%, of CO2 avoidance cost ranging between €60 and €100 tCO2−1 at full-scale deployment. The future of bio-CCS and its utilisation on a larger scale would therefore only be viable if such CO2 avoidance cost were to become economically appealing. Small and medium plants in particular, would economically benefit from sharing CO2 pipeline networks. CO2 transport, however, makes a relatively small contribution to the total CO2 avoidance cost. In the future, the role of bio-CCS in the European iron and steelmaking industry will also be influenced by non-economic conditions, such as regulations, public acceptance, realistic CO2 storage capacity, and the progress of other mitigation technologies.
BECCS; Bio-CCS; Blast furnace; Industry; Charcoal; CCS
Ecosystems Services and Management (ESM)
Young Scientists Summer Program (YSSP)


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text:
The Barnstormer
It's one of the oldest professions in aviation, and it requires more than flying skill.
John Fleischman
King in the cockpit of a rare 1930 Waco, which he ferried from Wisconsin to California.
At about 75 mph and 2,000 feet above the northern Virginia countryside, the purpose of an old, open-cockpit biplane is immediately obvious. You look down on newly plowed fields and old woods. The Rappahannock River rolls and unrolls beneath you. Much of the American Civil War was fought down there, armies churning up dust clouds or sinking in mud as they marched to and fro, maneuvering to cross the twisty river. Now you can see why rivers matter in war.
Earlier that morning at Culpeper Regional Airport, a small general‑aviation airport some 70 miles outside the metroplex of Washington, D.C., pilot Andrew King had laid out the flight plan. "I thought maybe we'd hop over to Shannon Airport in Fredericksburg for lunch," he said. King is the owner and restorer of the bright-blue 1928 Travel Air biplane now swooping low over backyard swimming pools, metal barn roofs, and wetlands—glinting in the sunlight. Traffic is light on the interstate hauling commuters to and from the city. The Travel Air can barely keep up with the lane weavers and thundering 18-wheelers, but they are earthbound. You are not. When King obliges with a wing-over turn, you find yourself nearly screaming in delight, like a small child thrown into midair by a friendly giant. This is what old airplanes are for. They are for flying.
Andrew King test flies the king of the barnstormers, a Curtiss JN-4D Jenny, after a 2015 rebuild. Owner Rick Mantei called King because he might be the only pilot alive who has flown five different Jennys; Mantei's made six.
Sadly, Andrew King can't fly you to lunch and back unless you're a friend, a business client, or a visiting journalist, although he'd be delighted to take you and a companion as paying passengers on a short trip around Culpeper. The Federal Aviation Administration limits his commercial passenger business—Bald Eagle Biplane Rides—to a 25-mile radius from point of origin. These days, taking passengers for short rides in old biplanes is usually called "barnstorming," although purists will tell you it is no such thing. Perhaps they'll let you call it "ride hopping," or maybe a (very) short charter flight. King just thinks of it as another chance to take someone flying, and he rarely passes up the chance.
If you move in antique airplane circles, you know of Andrew King. In the tight-knit community of aviators, collectors, and curators obsessed with the Golden Age—early 20th century aircraft from the Wright brothers to the start of World War II—King is an expert, and something of a celebrity. He has probably flown more varieties of Golden Age aircraft—125 pre-1950 types so far—than anyone else flying today. His latest addition was the 1930 Bird BK that Charles Lindbergh taught his wife to fly in.
Barnstorming is at the heart of the Golden Age appeal, possibly because the airplanes are so much fun to ride in. The practice is tangled up with real aviation history, dubious tall tales, nostalgia, and old movies such as The Great Waldo Pepper, but today's barnstormers don't necessarily engage in wing-walking, suicidal aerobatics, and wandering flying circuses. They sell rides. In addition to selling rides from his fixed base in northern Virginia, King has set up operations with barnstorming partner Dewey Davenport in Ohio. "Dewey and I just like giving rides and, of course, if people will pay you to take a ride, that's even better. But you know, if I was independently wealthy, I might do it for free."
Being far from independently wealthy, King makes his living restoring airplanes at his shop in Warrenton, Virginia. He also ferries other people's antique airplanes around the country, and is a regular fixture at the Experimental Aircraft Association's annual extravaganza in Oshkosh, Wisconsin, delivering obscure vintage aircraft that their owners prefer to arrive there unscratched. Getting to Oshkosh in one piece requires more than a GPS and a check book, especially for restored odd-duck aircraft that haven't flown in decades. King's process is to read whatever he can find of the aircraft's original paperwork or first-hand flight reports, study drawings and specs, and seek out anyone who ever flew one or knew someone who flew one. In this role as historical test pilot, he has developed a reputation as an airplane whisperer.
That's why Jim Hammond wanted no one else to deliver a 1932 Pitcairn PA-18 Autogiro to Oshkosh, where it won Reserve Grand Champion in 2009. The Autogiro, an early hybrid of an unpowered rotor copter and a small monoplane, was the masterwork of restorers Jack and Kate Tiffany of Spring Valley, Ohio, who worked for almost nine years to restore it. The type hadn't been flown anywhere since the 1990s; the airplane, since the 1950s. Hammond, who was a financial supporter of the project, knew King from the One Dollar Pietenpol confederacy. King, Hammond, and other aficionados of Bernard Pietenpol's 1930s build-your-own backyard flier, powered by a Ford Model A engine, restored the oldest example to flying condition in 1993. In 2000, they decided to rotate official ownership of the Pietenpol Air Camper among themselves for a nominal dollar. (King, the current "owner," paid in pennies at the last transfer and claims to have overpaid by one cent.)
To prepare to fly the Autogiro, King interviewed the last two original Pitcairn pilots. The first was Stephen Pitcairn, son of the American manufacturer of the original rotorcraft. The second was Johnny Miller, the legendary barnstormer and test pilot who flew a Pitcairn PC-1 coast-to-coast in 1931. Miller was the real deal. In the late 1920s, he barnstormed up and down New York's Hudson Valley in his Standard J-1 and New Standard D-24. But he deviated from the fly-by-night Waldo Pepper stereotype by earning a mechanical engineering degree from the Pratt Institute of Technology and a string of FAA qualifications and licenses, and by establishing his own full-service aviation shop at the Poughkeepsie airport, which he eventually managed. He lost interest in barnstorming in 1931 when he took delivery on his first Pitcairn Autogiro.
In 2007, when King went to see him in Poughkeepsie, Miller was 101 and had only surrendered his pilot's license the year before. They talked about barnstorming and flying Autogiros. (Both Pitcairn and Miller died in 2008, shortly before the restored PA-18 was ready for testing.) The interviews were immensely helpful, King recalls, but flying the Autogiro raised questions that could only be answered the hard way—in the air. It was a unique flying experience, King recalls: "There was this crazy flapping stuff going on over your head, but once you got about 10 feet above the ground, everything was fine." Once aloft, the unpowered rotor wing made the PA-18 virtually stall-proof. Once he got used to the incredibly short takeoff and steep landing approach, King was in love. "That was the only magic airplane I've ever flown," he says.
Hammond was on hand with the whole restoration crew at the tiny Clark County, Ohio airport to witness the flight trials. The first three flights went beautifully. "Nobody was nervous," Hammond says. "We'd all kind of learned along with Andrew about how everything was going to happen." On the fourth flight, the engine quit. "It got real quiet," says Hammond.
The watchers on the ground knew that the Autogiro landed in a peculiar stair-step fashion. "Instead of trying to glide it down to land, you could just pull the nose up and it'll settle straight down and then you drop the nose a little bit and it'll start moving forward," says Hammond. "Andrew came in a little bit high over the end of the runway and he just pulled the nose up and let it sink, which is what it said in the book that it would do. And it did. It just sank straight down and then he dropped the nose again. And it went forward about 50 feet and he did a nice landing, like he'd been doing it forever.
"If this were a spot landing contest, he'd have nailed it," says Hammond.
But what was King's expression as he climbed out of the Autogiro after the dead stick landing? Was he ruffled? Hammond pauses for a moment before answering. "You know, I just can't imagine Andrew being ruffled," he says.
Flying antique airplanes is risky, but pilots like King don't fly them for the adrenaline rush or even to indulge in nostalgia. They fly them to keep alive the knowledge of how to fly antique airplanes.
Hand propping is among the "charms" of vintage flight. At Brodhead Airport last year, King does the honors for the pilot of a 1935 Speedbird.
At Old Rhinebeck Aerodrome in Red Hook, New York in 1969, a seven-year-old King sits on the gear of a Spad XIII fighter, built during World War I.
Andrew King caught that fever early in life. He practically grew up at the legendary Old Rhinebeck Aerodrome in the Hudson Valley. He was five in 1967 when his father got his pilot's license, bought an old Piper Cub, and plunged his family into the antique aviation scene at Rhinebeck. Andrew, his uncle Dick, and his younger brother David were swept along. King can scarcely remember a time when he wasn't washing airplanes, listening to hangar yarns, and running errands behind the scenes at Rhinebeck's weekend Great War aerial melodramas. He soloed at 16 before he learned to drive. At 20, he joined the Rhinebeck rotating flying cast, sometimes piloting a replica of the fabled Red Baron's Fokker Dr.1—a triplane that King considers the most difficult aircraft he's ever flown. On the ground, you couldn't see where you were going. In the air, you couldn't relax a moment because of the Fokker's hair-trigger instability. Still, he enjoyed his five seasons of Rhinebeck aerial theatrics and came away with the odd idea that antique aviation was a career path.
For his formal aviation education, King went to Parks Air College in St. Louis for two years to qualify as an FAA-certified aviation maintenance technician. But he also earned a bachelor's degree in English from a small college in his hometown of Nyack, New York. Between English classes and Rhinebeck dogfights, he qualified for commercial and multi-engine commercial ratings.
After college, King took a series of jobs in restoration shops, aviation museums, and private collections. His time working on Kermit Weeks' historic aircraft collection in Miami was cut short by Hurricane Andrew in 1992, which destroyed the Weeks hangars and King's apartment. The Miami wipe-out sent him north to Ken Hyde's The Wright Experience shop in Warrenton, Virginia, where Hyde was pursuing his ambitious plan to reproduce flying versions of all the early Wright brothers aircraft. The move brought King to rural Virginia. Dotted with private strips and small airports like Culpeper Regional, it was good country for old airplanes.
King has his hangars at Culpeper but keeps his restoration shop in Warrenton. Being off the airport grounds, you get more done without people wandering in to gawk and talk, he says. He lives in the greater Washington suburbs with his partner Julie Appleby. They share a passion for travel, but when they go on vacation, says King, they fly commercial. The shop work pays the bills, but more flying work—ferrying aircraft, hopping biplane rides, testing rebuilds—is what he craves.
Flying old airplanes has taken him to strange places. In 2003, he competed on the "Junkyard Wars" series—"my contribution to reality TV," he says—as part of a team building a replica of a 1911 Walden IX monoplane, a spindly affair designed by dentist and inventor Henry Walden. The only unmarried team member, King was nominated as test pilot. The Walden IX came in last. In 2006, he was a movie stunt pilot, flying a replica Nieuport 17 in a big-budget World War I air war epic, Flyboys. But his most unexpected and longest running engagement was a private barnstorming fly-in that began with an unannounced landing on a family farm in eastern Indiana. The backstory is almost a fairy tale and the subject of a 2009 documentary, Barnstorming, directed by Bryan Reichhardt.
In 1999, King was flying in a flock of antique Pietenpols across Indiana on the return trip from Oshkosh. King has always loved flying over Midwestern farm country—so pretty, so flat, so many places to land. Near Winchester, Indiana, he spotted a photogenic alfalfa field and landed for a closer look. A second Pietenpol followed him down.
The field belonged to Matt Dirksen, who came running to help the seemingly distressed aircraft. King had a cover story ready—his Model A engine was overheating—but Dirksen's friendliness was so disarming that King confessed they'd landed to take pictures. Dirksen was unfazed. Meantime his wife Paula and their children had come pouring out of the house to see what had dropped out of the sky. Soon the Dirksens were climbing aboard for short hops around the world's prettiest alfalfa field.
Dirksen invited King and his flying friends back the following summer for a fly-in barbecue. For the next 19 years, the Dirksens invited neighbors, and King picked aviator friends heading for Oshkosh to stop with him for the free, one-day, fly-in barbecue. "I make it clear," King says of his flier friends, "the only way you go is if I invite you."
Even during the locked-down summer of 2020, King dropped by to give the youngest Dirksen daughter, Allie, her annual airplane ride.
At the controls of the One Dollar Pietenpol, communally owned by friends in the Brodhead Wisconsin Pietenpol Association.
At the Jasper, Indiana County Fair in August 2019, King spent a day flying passengers on joy rides in his 1928 Travel Air.
Curious about King's other barnstorming gigs, I met him at the Dewey Drome, the private airstrip and operations base for Dewey Davenport's "Goodfolk & O'Tymes Biplane Rides" near Xenia, Ohio. Davenport's day job is flying chartered business jets, but his dream is to do "real" barnstorming, traveling from county fairs to small-town airports in a big antique biplane, drumming up business with posters, low-level buzzes, and, this being the 21st century, a ton of social media. King and Davenport share the barnstorming dream, and the two have gone on short Midwestern tours in recent summers, that is, until summer 2020 disappeared. In April, King was at the Dewey Drome to plot the revival of the annual barnstorming carnival that Davenport had started in 2014 at the Springfield, Ohio municipal airport. Davenport says he is America's only Black barnstormer working today. King agrees but points out there aren't that many working barnstormers of any kind today.
We walked out to the Drome's hangar to get a look at Davenport's barnstorming pride and joy. It's a New Standard D-25, an airplane with a big front cockpit that in 1930 could hold four. (It's the same model that Johnny Miller flew in 1931.) In 2021, Americans come in larger sizes but the New Standard has significantly raised Davenport's barnstorming capacity from the two-in-front 1929 Travel Air he started with.
Davenport figures that with himself working the credit card reader, a "scooter" handling passengers, and King flying the New Standard, they can easily hop 100 passengers a day at the Springfield Carnival—weather, virus, and customers permitting. We circled round the hangar, admiring the New Standard; the One Dollar Pietenpol, which is parked in back and ready in case the Pietenpol Fly-in at Brodhead, Wisconsin, restarts this summer; and Davenport's orange and white Travel Air.
Before he flew the 1932 Pitcairn Autogiro in 2009, King got some advice from Johnny Miller, who had flown the type across the country more than 75 years earlier.
Johnny Miller recalled seeing Lindbergh take off on his 1927 flight to Paris.
A picnic planeside has brought King's pilot friends to Matt Dirksen's Indiana farm since 2000. In 2006, a Pitts Special and Piper Cub were on hand.
That brings us a month later to Virginia and my lunchtime ride in King's pretty blue Travel Air. After lunch at Shannon Airport in Fredericksburg, we hopped back to Culpeper and pushed the airplane back into its hangar, popping the engine cowling to let it cool. Then we climbed into King's old Honda to visit his backup hangar.
On the way, we talked about the future of antique aviation. King was not optimistic. It's a generational thing, he says. At 59, he is actually at the back edge of the demographic that is fascinated by antiques. Although he's cheered by younger pilot-entrepreneurs like Davenport, King sees less and less interest each year in pre-war airplanes, or for that matter pre-war cars, steam trains, and even World War II warbirds. "All of those things are old people's games, and young people nowadays don't care about steam trains or biplanes or that kind of thing," he says. Resale values are dropping. He adds, "It's definitely a one-way road."
This belief leads to another thought, which sets King apart from many who are interested in historic aviation. His interest in old airplanes is in flying them. "That's one of the things that irks me," he says. "I often hear people say, 'Oh, that's a one-of-a-kind. It shouldn't be flown any more. It's too valuable. And we need to save it for future generations.' I think future generations may not care a whit about this stuff. You put this in a museum, and 50 years from now nobody might come look at it. We might as well fly it now and take the risk. And if it crashes, oh well, but you know that people saw it fly and heard it make noise."
I ask King why he enjoys giving 15-minute rides all day at an Ohio airfield or an Indiana alfalfa farm. "Oh, I don't know," he answers. "I mean, I like flying and I kind of like sharing it. It's another reason for flying, I guess."
At his Warrenton hangar sits yet another reason for flying: a 1954 gray Bücker Jungmann biplane with snappy blue trim that he'd recently bought and flown home from Kalispell, Montana. He says he had always wanted a Bücker, the best flier of all the pre-war trainers, designed for the German Luftwaffe. Restored in 1988, it has a 180-horsepower horizontal Lycoming instead of its original 150-horsepower in-line Tigre engine. In the update, it also gained disc brakes. But King points out that it still has most of its original fine touches, such as real leather crash padding around the cockpit. It also retains its superlative pre-1950 flying characteristics, he says. In the hangar where he keeps the Bücker, pushed in with his faithful 1939 Taylorcraft, is a replica British SE5 World War I fighter that he's working on for a client, and an original World War I Rhone rotary radial on an engine test stand. He ran the Rhone a couple of weeks ago, he says. It must have been deafening.
But why did he buy the Bücker? It's too small for barnstorming. He's tall, and it takes him a few careful minutes to insert himself into the compact rear cockpit. It's a trainer, but King doesn't teach.
"As far as biplanes go, it's about the top of the line for fun," he says. "It's really agile, but it's pleasant to fly. Some of the fancy aerobatic airplanes are unstable because the more unstable they are, the more aerobatic they are. They are great fun because you can do so much, but they're not pleasant. The Jungmann is agile enough so you can do loops and rolls and stuff, but it's also pleasant to fly."
He bought it because that's what old airplanes are for. For fun. For flying.
John Fleischman | READ MORE
John Fleischman is a frequent contributor to Air & Space.


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State of weather software, networks and contribution "quality"
Topic: State of weather software, networks and contribution "quality"
This may need to be moved, but I had to start software.
I'm a rock bottom amateur. My first weather station from Ambient was picked up in in the late 2000s after moving to an area that appeared to have abnormally high wind during the winter time, compared to previous places I've lived. The station seemed to confirm that, and I joined the WU to contribute. That was about the depth of my interest, and the station worked well.
It died a few months ago, and I replaced it with a more expensive Davis VP2 connected to a data logger and Windows laptop full time. I used the Davis WeatherLink software for a bit, dabbled with internet based push vs Windows based push, and after hearing the Win version was no longer getting updates, searched around a bit and have (temporarily) landed on Cumulus, and push out to WU, CWOP and PWS.
Of course, Cumulus support from the developer ended some time ago, so even with great support from that community, eventually I switch again. I'm also a bit troubled that CWOP itself seems aged (the website hasn't been updated in quite some time it appears).
Where are the progressive internet based communities? Who is developing software and is expected to do so into the future? How is weather data being scrubbed for QC, and using what protocols? From a rock bottom amateur lens, this seems a bit in disarray. Am I wrong? Have I not looked into this deep enough?
I just want to get good software with good support (for Win 7 or 10 machines) that supports the hardware, join the right networks so I can contribute to the community, and get feedback about data so I can attempt to correct if possible (I swear the wind data is reading too low out of this new hardware).
Re: State of weather software, networks and contribution "quality"
OK, let me have a first stab - it's an interesting question.
To start with just a couple of quick corrections: Weatherlink software development has not stopped at all, it's just moved mostly online, ie with weatherlink.com; it's become a cloud application or platform, as is happening with a lot of other software. And there will still likely be both minor updates and continuing support for local WL - it's major new features that are no longer expected.
And CumulusMX development hasn't stopped AFAIK, it was paused while the author took an extended break and had other priority concerns. But I think there was a recent post from Steve implying that he was going to look at resuming some work on Cumulus - you'd need to check the CMX forum for details.
But on the larger question of WX software development: To be brutal, too many people want something for nothing, which just can't work indefinitely, at least not without dedicated volunteers with good coding skills and some tight central direction with a clear roadmap for the application. I guess weewx is the closest to an open-source wx software community and that seems to work pretty well, albeit needing some basic skills to set up the system so maybe not the ideal option for those without an affinity for computers. If you want an online platform and willing to pay for extra features then weatherlink.com is maybe the best candidate there.
Otherwise, whether free or paid-for (and with WU as a possible exception), wx software tends to be developed by single individuals and you're then obviously locked in to their continuing interest, health, other calls on their time, their skill-set, their vision for the product etc. I suspect that the real killer is providing support - once you get to eg 1000-2000 users and growing then, especially with novice users and non-native English speakers (or whatever language the author speaks) then support can become a full-time job.
Potentially if you could find eg 10,000 users each willing to subscribe $20 yearly then over a year or two a good new wx platform could be developed. But how do you get that commitment off the ground and then develop the coordination?
Edit: I guess what's needed is something like Kickstarter or Indiegogo but AFAICS aren't these mostly for hardware rather than software projects?
QC is a great idea in my book, but I don't underestimate the challenges in achieving it.
Your comment on CWOP being out of date is right on target. Since Russ Chadwick at NOAA in Boulder, Colorado retired a few years back, the CWOP website has grown terribly out of date. I, and several other amateur weather enthusiasts, have offered to help (free volunteer help no less) update CWOP by identifying specific content that is out-of-date and how to fix, but such offers have fallen on deaf ears. Someone from NOAA or its equivalent, should dedicate some time and effort that Russ provided. Until this happens, or volunteer help is used or at least considered, CWOP will continue to drift in looking and being current.
For your other comments, I too am concerned Davis is dropping further updates to its WL software. The software is clunky looking (think Windows 95) but it provides the historical data I want and need.
Otherwise, whether free or paid-for (and with WU as a possible exception), wx software tends to be developed by single individuals and you're then obviously locked in to their continuing interest, health, other calls on their time, their skill-set, their vision for the product etc.
Unfortunately this is always going to be a problem unless the software is being developed by a larger company or everything is open source. At the moment, I'm using MeteoBridge and there's always the chance that the next software update will be the last.
What I would love to see is an open source project based on Raspberry Pi that includes a modern UI and a simple/cheap RF hat (again, open source) to directly receive data from the various stations.
2) With an open source RF hat, anyone or any company could produce them.
Basically, we wouldn't have to worry about a single company having a monopoly on a the hardware yet anyone or any company could still sell complete/assembled kits for profit.
1) Disk images available - Basically make setup as easy as writing the image to an SD card and tossing it in a Raspberry Pi.
Honestly, all of that could most likely be built on top of WeeWX.
Software is allowed and I'd definitely support a project that hits on at least some of what I described above.
I did look into this slightly more and the impression I got was that software projects are not encouraged under Kickstarter, but that Indiegogo is more flexible.
On the software front, someone has to get the ball rolling by writing a reasonably detailed draft specification for the software. Until this is done and also until debated, modified and finally agreed by some core project team then I'm not sure how it's going to progress.
For instance I can see a lot of potential debate between those who'd prefer a fully local solution and those who would rather have everything possible in the cloud (not that the two are totally exclusive but trying to ride more than one horse to start with will be tricky). And another battlefront will be between those in the simple, clean, 'less is more' camp (count me in) and those who press for more and more readings of every conceivable kind to be included (resulting in what to me is the bane of a lot of wx software - just too much information crammed into the display space ( typically far to much for the layman to take in at a glance) and often not very elegantly presented).
Another major question is how units should be handled - personally I'd stick with just one system of units throughout until the final display stage when appoprriate conversions can be made.
And one other difficulty is how to actually recruit coders to the project with good technical skills in the various required areas.
5. Additional functionality in the browser-based front-end to provide reporting and retrospective charting via queries (probably via websockets) to the cloud database.
We can debate the details, but the point is to break things into more manageable chunks with agreed interfaces between them.
Wow! A very interesting discussion. Boy as much as love all the weather sites I visit I'm really grateful for those who have all the skills and talents to put those together. I sure wish I could help on a new venture but I have not coding skills. I'm the guy who puts the key in the ignition switch and drives off. I certainly hope something good can come of all this. Quite interesting to hear the comments on CWOP. As far as I know isn't that how mesowest gets their information? Good luck and if there is something I could do let me know but I know no coding.
I gave up trying to get my station registered with CWOP. If they can't reply to an email they obviously don't want my data.
Are there any weather networks that actually *want* PWS data these days? It feels like wunderground couldn't care less at the moment. I'd really like to join a network that actually wants PWS data.
Not sure about "want" but Weathercloud, PWS, AWEKAS and WOW are other possibilities!
See my prior post in this thread re CWOP—very sorry as it used to be user friendly—no more, unfortunately. It still accepts data and it is very useful and provides data to MesoWest at the University of Utah, but getting support from CWOP is next to impossible.
Last week, I started sending my PWS data to Weathercloud.net. I don't know anything about them, good or bad, but they at least respond to emails. When signing up, I was using Davis' Weatherlink software (version 6.0.3) that I use to upload to CWOP and WU. When I added weathercloud, it removed my WU settings! I added the WU settings back into WeatherLink and now all three uploads work. I alerted weathercloud of this issue and at least they acknowledged my email. Whether they do anything, who knows.
I send my weather to pwsweather.com, and you can also check the weather at weatherforyou.com and if you want he will connect your pws to his webpage. I corresponded with him by email and he's very easy to work with. Highly recommended.
Unfortunately, Davis' Weatherlink doesn't enable PWS uploads to pwsweather.com, so one must use a different software.
Last week, I started sending my PWS data to Weathercloud.net. I don't know anything about them, good or bad, but they at least respond to emails.
Isn't it likely though that this is just a question of scale and long-term commitment. If you're trying to establish a new network and still keen and are getting maybe 10-20 emails/day then responding is perfectly practicable. 3-4 years down the track, the network has grown substantially; you're still doing it on a totally voluntary basis though the enthusiasm is starting to wane but you're now getting eg 200 emails/day and it's somewhere between unappealing and unfeasible to answer every email.
Not saying this is right or wrong but I can understand the problem as networks grow. The only answer long-term that I can see is to commercialise it somehow, either as a free service that sells advertising and collated data or as a subscription service where you pay a modest amount (eg $10-20pa) or some mix of both. That would pay at least some remuneration to the 'volunteers' and also the hardware cost or cloud fees for hosting the network.
You are 100% correct. I certainly don't want the government to get involved, but I would certainly pay a reasonable sum on an annual basis to have consistent, high quality, PWS data available to me as well as accepting my PWS uploads and those of others that have high-quality PWS gear.
...I would certainly pay a reasonable sum on an annual basis to have consistent, high quality, PWS data available to me as well as accepting my PWS uploads and those of others that have high-quality PWS gear.
What's "reasonable"? What does "available to (you)" look like?
$20 to $50 per year. Only high quality PWS stations--those that receive passing grades by MesoWest would be my criteria.
I remember reading on the PWS weather site about 6-8 weeks ago that they were shutting down in mid-May of this year. I just went over there since I see PWS weather mentioned in this thread and I see no info on the shutdown. Obviously they changed their minds for some reason or other.
maybe you are confused with that one?
I hadn't heard that about WeatherBug. Where did you see or hear that?
I switched to Weather Display from Virtual Weather station because the latter kept crashing in Win10 and Ambient doesn't seem interested in fixing it. Weather Display has a definite learning curve and isn't what I'd call easy to use. How ever it supports about anything, will send data to every place I've heard of and many I had not. The author is active on the https://www.weather-watch.com/smf/index.php form and will answer questions eventually.