text:
Jun 17: ANALYSIS-Tokyo rubber futures hit skids, pose Shanghai dilemma
SINGAPORE/TOKYO, June 17 – The days of preeminence for Tokyo's rubber futures contracts appear increasingly numbered, as dwindling open interest and longer trading hours aid Shanghai's ascent as the main centre for price direction.
While liquidity on both exchanges suffered in the wake of the financial crisis that slashed demand for all raw materials, including rubber, turnover on the Tokyo Commodity Exchange <0#JRU:> has continued to decline this year, falling by half, while Shanghai activity has doubled from a year ago.
Open interest has slumped to its lowest in years as both retail investors and end-users pull out of Japan's domestic commodities markets, while Shanghai trade has soared as speculators banked on China's voracious appetite for rubber.
Japan has been here before.
"There is a risk of the death of a market," said a manager in charge of rubber at a Japanese commodity brokerage, who declined to be named to avoid potential problems with the exchange.
"A shift in Japan's main industry sector in the past resulted in extinction of some listed futures contracts like raw silk, wool yarn and rayon yarn. But I've never heard of a system change causing a contract to disappear."
As rubber dealers gather at a conference in Vientiane this week to discuss issues ranging from price trends to tyre demand, they will also ponder TOCOM's declining role as a price-setter — and the obstacles in adopting a China-based benchmark.
For graphics on rubber turnover and open interest, click: http://graphics.thomsonreuters.com/069/CN_RBR0609.jpg http://graphics.thomsonreuters.com/069/CN_RBROI0609.jpg
"The role of Japan is not so dominant, even more so in this economic crisis, and people think the fundamentals are better represented in China now," said Djoko Said Damardjati, secretary-general of the ANRPC, whose members account for more than 93 percent of global natural rubber output.
"For the moment, China is taking the lead in buying rubber so interest shifts to the Shanghai rubber markets and this can be seen from how its auto industry is thriving despite the problems everywhere else."
CHINA GAINS
In many respects the shift is natural — China overtook the United States as the world's biggest importer seven years ago, while demand by automaking giant Japan has stalled as more manufacturers move production overseas.
China now uses 16 percent of the world's natural rubber, while Japan uses about 9 percent.
China's auto sector has also been a bright spot for an otherwise gloomy industry as the economic meltdown forced many to scale back production, cut jobs and close factories. Passenger car sales in May soared 47 percent from a year earlier as stimulus measures lured consumers to showrooms. [ID:nSHA187104]
But TOCOM's woes are in part self-inflicted.
Last month, the 25-year-old exchange undertook a major systems overhaul, including the extension of rubber trading until 1000 GMT, a move that has made many users uneasy, spreading already thin liquidity over a longer timeframe.
Previously the market shut at 0830 GMT, which is 3.30 p.m. in Thailand, source of a third of the world's natural rubber and the main centre for physical trading.
Trading settles at 0630 GMT, and the night session between 0800 GMT and 1000 GMT is registered as part of the following day.
TOCOM has also introduced a circuit breaker system to eliminate the frustration of daily price limits, a long-overdue modernisation for many traders but an unwelcome change for many less sophisticated players who fear they may be exposed to unlimited losses, making them reluctant to trade in large lots.
"Shippers and producers have some doubts over TOCOM's stance, saying that it reflects the needs of fund managers, not their own," said the manager at the Japanese brokerage.
Concerned that its importance as an exchange is diminishing, TOCOM has appealed to overseas financial authorities, including those in Hong Kong and Singapore, to approve new trading rules to allow foreign investors to trade directly on the exchange, instead of placing orders at a member brokerage.
"Trading volume has fallen sharply since the new system was introduced," Kazunari Hayakawa, executive managing officer of Tokyo Commodity Exchange Inc, said at a news conference on Wednesday, attributing the decline to overseas traders who were unaccustomed to the new measures.
LITTLE CHOICE
Despite the poor reception of new measures, dealers are unlikely to abandon the Tokyo market for now. While major tyre makers such as Bridgestone Corp <5108.T> have traditionally avoided volatility in futures prices on TOCOM, producers and shippers still use the market for hedging and provide liquidity.
And the alternative has problems.
Although China's demand influences physical prices in main producers Thailand, Indonesia and Malaysia, Shanghai rubber futures lack accessibility to foreign participants, said dealers.
"If you have some business in China doing rubber, you may take it as a benchmark. Other than that it's quite difficult. You need to have an account in China," said Avtar Sandu, manager of Asian commodities at Phillip Futures in Singapore.
Currency may also be a turn-off for physical dealers because the Shanghai market is denominated in yuan, which is not fully convertible. TOCOM, on the other hand, is traded in yen.
"I don't think the government is ready to open the Shanghai market to foreign participants," said a dealer in Thailand's southern city of Hat Yai. "But once China opens up its market, it will replace TOCOM."
« Jun 16: Asia Physical Rubber Lower; Prompts Buying
Jun 18: Tocom RSS3 Rubber Futures Settle Dn On Strong Yen »
This entry was posted on Wednesday, June 17th, 2009 at 6:37 pm	and is filed under Rubber News. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.


text:
Press renders of Samsung Galaxy Note 3 surface
With the launch of the Samsung Galaxy Note 3 scheduled for tomorrow, we have the first press renders which look to be the final images of the device.
According to press images of the alleged Samsung Galaxy Note 3, the rumoured device with ultra-thin bezels is seen. Moreover, the device maintains a more rectangular shape with a 6 inch display panel. There seem to be a few changes to the S Pen stylus as well, pointing to some new kind of functionality.
While many have been waiting for the first word about the pricing of the Samsung Galaxy Note 3, sources claim that the device could set you back by at least $900 in Russia where it would be released by end of September. However keeping in mind the general price differences, we can expect the device to be priced at around $700 globally, which would be like the initial pricing of the Samsung Galaxy Note 2. Interestingly, it is said that the price of the Samsung Galaxy S4 would be slashed after the launch.
Expected specs of the Samsung Galaxy Note 3:
5.9 inch display
1920 x 1080 pixels resolution
2 GHz Samsung Exynos Octa-core processor
13.1 MP primary camera
2.1 MP front facing camera
Google Android v4.3 Jelly Bean
Microsoft to acquire Nokia's devices and services business for EUR 5.44 billion
Post Nokia sellout, Stephen Elop poised to be the new Microsoft CEO

redpajama_set_name: RedPajamaCommonCrawl


Don't miss this Heathcote gem, set on a half acre of gorgeous level land with room for a pool! The first level features a charming entry foyer, chic formal living room with fireplace, formal dining room and fabulous open plan kitchen/family room with top-of-the-line appliances and granite counters, a lovely screened porch, perfect for outdoor dining on a warm evening overlooking the stunning property, full bath and an attached two car garage. The second level boasts a lovely master bedroom with a large deck with a view of the property and a luxurious bathroom with a steam shower, three additional bedrooms and a hall bath. The third level includes ample open space with an extra-large walk-in closet for excellent off-season clothes storage. This home is a quick walk to Heathcote elementary school, the 5-Corners shops and a commuter bus to downtown Scarsdale Village shops, restaurants and Scarsdale Train Station. A+ location! Taxes were grieved and will be REDUCED in 2019 by $7500!


text:
Mark Allen Berg
Mark Allen Berg, 49, of Moose Lake, Minnesota passed away peacefully in his sleep on Thursday, February 7, 2019. Heaven gained a giant angel. Mark was a sergeant at the Minnesota Correctional Facility in Moose Lake for 21 years. He graduated from Denfeld High School in 1988 and was involved in football, hockey, and track. Mark's gift to everyone who knew him was his big heart, his kindness, thoughtfulness, sense of humor, and love for his family, friends, and his dogs. In addition, his passion in life included hunting, fishing, sporting activities, and his love for music. He especially cherished his time with family and close friends. Mark is preceded in death by his parents Clayton and Joan Berg and his two dogs, Harley and Woodtick. Mark is survived by his brother Scott (Beth) Berg, sister Kristy (Paul) Schultz, Uncle Manny (Lynda), niece Daphne, nephews, Lars and Kaleb, many cousins and friends, and his loyal canine, "Goose". Join us in a gathering of Mark's friends and family on Friday, February 15, 2019 at the Cremation Society of Minnesota, 4100 Grand Avenue, Duluth,Minnesota from 3-6pm.
© Duluth News Tribune and Forum Communications Company
424 W. First St., Duluth, MN 55802


Following a national search, Erik Nordberg, interim assistant dean of the University Library System at Wayne State University, has been selected to serve as the dean of the Indiana University of Pennsylvania Libraries.
Nordberg will begin his work at IUP on May 1.
Nordberg brings more than 25 years of experience working in academic libraries and archives to the IUP role. Prior to his current position, he held leadership positions at the Walter P. Reuther Library at Wayne State, the Michigan Humanities Council, and the Van Pelt and Opie Library at Michigan Technological University.
"Dr. Nordberg brings an incredible wealth of talent and experience in so many aspects of his field, from university leadership to research to archival expertise," IUP Provost and Vice President Timothy Moerland said. "He clearly understands the changing expectations of a university library, as well as IUP's commitment to having all have a focus on student success. I'm very pleased he will be joining the IUP community.
Nordberg has a PhD from Michigan Technological University, a master of science degree in library science and certificate of archival administration from Wayne State University, and a master of philosophy degree in Anglo-Irish literature from the University of Dublin. His bachelor's degree in combined humanities is from the University of Ulster at Jordanstown, County Antrim, Northern Ireland.
While at Reuther Library, Nordberg created an Outreach Archivist position and he has led larger efforts to reshape the community engagement, marketing, and communication systems across the entire Wayne State University library system. In each of his professional roles, he has expanded public programming, exhibits, and speakers' series, successfully engaging campus communities and the public in the work of libraries, archives, and public history.
He advanced an integrated program of research, writing, exhibit, and promotional programs to mark the 150th anniversary of WSU's founding and attracted discretional institutional funding for the project. Externally, he has had significant success with grant-writing and philanthropic giving, including a successful effort to re-engage with the United Auto Workers union and an annual contract for a full-time professional archivist to support the collaborative work with the union's historical records.
Nordberg has been active with a variety of library, archival, and historical professional associations, he regularly presents at national conferences, and he has authored a number of articles in professional magazines and journals. His work has also been acknowledged with awards from state and national organizations.


M. C. Tuggle gave me a glowing review on Dragon Hoard, and I'm re-posting here for those of you who haven't yet outgrown fairy tales and might want to give it a look.
Congratulations on that wonderful review. I love getting those. I bet it made your day!


Based on true events, the film is a powerful drama about disaffected young people and the steep price of redemption.
Based on true events, the film is an extremely powerful drama about disaffected young people and the steep price of redemption.
Many scholars share Peterson's belief that declension is not the best way to organize our interpretation of Puritanism in colonial New England and they will welcome the support The Price of Redemption provides for their views.
Formally, this obliges the bank to observe the market price of redemption medium measured relative to gold, |P.
g$~, the dollar issuing bank sets its conversion price of redemption medium |R.
There is thus no scope for some dollar price of redemption medium to prevail which differs from |R.
In the absence of such a mechanism, if the bank insisted on trying to maintain indirect convertibility continuously, the above arguments imply that there would be unlimited changes in the price of redemption medium (both |R.
The solution to this difficulty seems to be to release the bank from rigid commitment to equation (3) and rather to permit it to make slower adjustments to its price of redemption medium, thereby allowing time for the gold price to respond.
Apple Eight reserves the right to change the purchase price of redemptions, reject any request for redemption, or otherwise amend the terms of, suspend, or terminate the Unit Redemption Program.
Apple Seven reserves the right to change the purchase price of redemptions, reject any request for redemption, or otherwise amend the terms of, suspend, or terminate the Unit Redemption Program.
Apple Six reserves the right to change the purchase price of redemptions, reject any request for redemption, or otherwise amend the terms of, suspend, or terminate the Unit Redemption Program.
Apple Nine reserves the right to change the purchase price of redemptions, reject any request for redemption, or otherwise amend the terms of, suspend, or terminate the Unit redemption program.


Great news, HS2, the new £32m high-speed railway is going full-steam ahead. There's nothing like progress, I always say.
It's one of those moments that makes you think, but you'd rather not dwell on it for too long.


RE: Robot mower ignores the rain, MySensors to the rescue!
RE: Dimable Security light with PIR/Temp/Humidity and Voltage sense.
@Ashley-Savage Had a big rewrite this evening and all seems good now. If you set it to a level then switch it off the level is remembered so if you issue an on command it goes to the previous level. It seems a little bit more stable as well but i'll not know fully until i put it outside for use in the wild as it where. I'm thinking i might change the DHT11 for a Dallas sensor though as i received a few waterproof ones this week as they should be more accurate and can support negative temps which living in the UK i'll need come the autumn.
* This sketch provides a Dimmable LED Light along with Temp/Humidity/voltage sensing as well as Motion sensing.
#define DIGITAL_INPUT_SENSOR 3            // The digital input you attached your motion sensor.
@Ashley-Savage No worries, btw i made a couple of changes last time which i never mentioned. I've made it so that if the PIR is tripped it sets the fade to 0 so that if Domoticz then sets the light to on it won't gradually fade up and will come on straight away which is more the behaviour you'd want from a security light. After 10 seconds however it resets the fade back to 50 which gives a 5 second delay which means that when domoticz turns the light off after 1 minute it'll nicely fade down. It also means if your manually controlling the light it'll fade on and off nice and smoothly.
I've also just made a change today as i was lurking on the forums and read a post about pwm being flickery intermittently which i've experienced personally and it was down to TX/RX and ERR led's being set to use PIN 5 which conflicts with what were using the pin for sometimes causing flickering. It now seems to work nice and smooth every time.
I've only just a few remaining issues in that if i turn the light on rather than asking for a percentage it goes to 100% which i can see the logic to but what i'd ideally like to do is have it turn on at sunset at say %15 then turn to %100 if it's tripped then go back to %15 but it returns it to %100 because of the above%100 at one command i think, might have to put it in the blocky script but it'll be difficult as i also like it to turn off at 11pm and only come on if tripped so just used as a security light. Last issue is it refuses to respond to on/off command sometimes but you can bring it back to life by using the dimmer slider to gradually power it off then it'll respond to on/off commands again which is weird.
I think i might try the default sketch again for just the dimmer to see if i get the above behavior.
You my friend are a genius, i was having flickering on my dimmer and couldn't get to the bottom of it. I was using pin 6 for controlling my LED strip.
I was having some probs with the led dimmer sketch the other night beacuse i wanted to use PIN6 rather than PIN3.
So i just reassiged them in my sketch...and problem solved!
This may not be relevant to your posts... but i thought it was a PWM frequency issue initially!
Not the easiest thing to fritz as it looks really messy.
I'm running a sketch based on the dimmer example on a pro-mini 5v. It works ok except that when switching on and off it ignores the set percentage and jumps to 100%. This also happens when using a blocky script. I wanted to have the light set at 25% after sunset but then when motion is detected from the motion sensor to set the light level to 100% for 1 min and then return to the previous light level. If i have the light off it returns to zero ok but would prefer it to run at 25% level after sunset.
#define DIGITAL_INPUT_SENSOR 3   // The digital input you attached your motion sensor.
Updated the sketch again and have updated the first post to reflect the changes. I realised after i'd re-assembled everything that by putting the delay in to stop the PIR sensor spamming the controller that i was actually stopping the controller turning on the light for a full 10 seconds which resulted in a rather rubbish security light lol I've now modified the code so that a second variable is used in conjuction with the PIR status itself, a timer is then used for 10 seconds so that it will only send one update that it's been tripped. After 10 seconds it's able to be tripped again. I'm still using domoticz to control the logic of turning the light on but having a few issues so i'll post in the domoticz forum for help.
RE: Is there a mysensor thread for this "mysensor" pro mini adapter?
@NeverDie Thanks i'd took the 1 led off but have taken d13 and the regulator off now. Sitting at around 2.7v although as i'm more so testing i'm reporting the temp as often as every 5mins if it changes.
@kenci Hi Kenci, yeah i'd been in contact with him through ebay as i purchased it from him but sadly he wasn't able to assist too much as he said he was a hardware rather than software guy. I figured it out in the end, wasn't rocket science and just took a little digging which i'm not adverse too but just couldn't see it at first.


The Simmer Helix is a fast high performance board that offers a fun and lively ride in a huge spectrum of conditions. Anywhere there is wind and water you can use this board to maximize your fun. With its new rocker inspired from our test winning Freemove board, it combines impressive speed with smoothness and control. The Helix is an easy board to sail, which makes it the perfect choice to get into wave sailing with. It can also be tuned to perform in more radical conditions with a variety of fin setups. It comes delivered with a Freewave single fin but we also recommend a tri fin configuration as an alternative fin setup. With a single fin, the board is a fast and effective performer, that will give many freeride boards a run for their money. With the tri fin set up the board becomes a versatile freewave performer that combines amazing planing performance with the best possible jumping threshold and an ability to handle waves from small onshore slop to serious sideshore overhead lips.
The Helix single fin takes this ultra fast and steady freewave shape to it's limit as far as early planing, upwind capability and pure blasting. The curvy outline and slender hull shape provide excellent jibing and enough turning performance to also make the board a capable performer when entering the waves.
The Tri fin Helix combines the ultra fast freewave rocker with the enhanced turning performance offered by the shorter center fin. This extends the range of the board towards that of a dedicated wave board, while still keeping the classic easy and agility of a freewave board for straight line sailing. The tri setup also lowers the nose a bit, which adds control in choppy conditions and together with the lower leverage of a shorter center fin, this gives the board and more controlled ride in overpowered conditions.
Smooth outline for predictability when pushed hard in turns.
Wider outlines with pinny tails for snappy turns and control through chop.
Double concave for a smooth ride though chop and for grippy turns, but with a flatter section beween the straps for a livelier ride.


text:
Vieste ist eine Gemeinde an der italienischen Adriaküste. Sie liegt in der Region Apulien und gehört zur Provinz Foggia. Die kleine Stadt mit knapp 14.000 Einwohnern war ein Fischerdorf und ist nun stark vom Tourismus geprägt.

Geografie
Vieste ist auf der Landkarte am "Sporn" des "italienischen Stiefels" zu finden. Das Städtchen, das auf einem felsigen Vorgebirge am äußersten Ostrand des Gargano gelegen ist, besteht aus einem auf der Felsspitze San Francesco gelegenen alten Ortskern, der typisch mittelalterlich ist und einem modernen Teil, der sich entlang der Küstenlinie zwischen den Stränden von San Lorenzo im Nordwesten und Castello im Süden entwickelt hat.

Die Erosion hat den Kalkstein der umgebenden Küste stark umgeformt. So sind an verschiedenen Orten eigenwillig geformte Felsen, Grotten und Bögen zu sehen.

Die nächste größere Stadt ist die Provinzhauptstadt Foggia in 99 km Entfernung.

Geschichte
Bei der zu Vieste gehörenden Fraktion Molinella, etwa drei Kilometer außerhalb der Stadt, wurden auf einem kleinen Hügel Reste einer Wehrmauer und einer an sie angebauten Hütte einer bronzezeitlichen Siedlung entdeckt. Ein Fragment mykenischer Keramik aus dem Späthelladikum II B, das in der Hütte gefunden wurde, datiert diese ins 15. Jahrhundert v. Chr. Unweit von der Siedlung befanden sich Gräber, darunter Reste eines Felskammergrabs, aus der mittleren bis späten italischen Bronzezeit.

Eine erste Besiedlung auf dem Gebiet des heutigen Vieste hat in der Periode zwischen dem 10. und dem 6. Jahrhundert vor Christus stattgefunden; ungewiss ist die Herkunft seines Namens, den einige von dem Vorhandensein eines der Vesta geweihten Tempels, andere vom Namen Apeneste ableiten, den es in römischer Epoche gehabt haben soll.

Im 16. und 17. Jahrhundert fanden regelmäßig Angriffe und Plünderungen durch türkische Piraten statt, von denen die tragischste die von 1554 war, als 7000 Einwohner verschleppt und Hunderte auf einem Fels geköpft wurden, der noch heute im Stadtzentrum zu sehen ist. Zeugnis dieser blutigen Periode sind die verschiedenen an der Küste verstreuten Wachtürme und das Castello auf dem Gipfel des Städtchens, das von Friedrich II. 1240 gebaut wurde, und dann wegen der durch die Türken bestehenden Gefahr im 15. Jahrhundert mit Mauereinfriedung wiederaufgebaut wurde.

Sehenswürdigkeiten

 Im Museo Civico werden neben historischen Objekten zahlreiche Artefakte aus der vor-römischen Zeit aufbewahrt. Darunter befinden sich Fragmente einer Stele, mit einer mit messapischen Buchstaben eingeschnittenen epigraphischen Inschrift, die als "das hervorragendste linguistische Dokument alter Daunia" bezeichnet wird.
 Kathedrale Santa Maria Assunta
 Kastell
 Pizzomunno, Kalkfelsen
 Grotten
 Altstadt
 Kirche St. Maria Merino
 La Salata, frühchristliche Begräbnisstätten
 Sfinalicchio, Graffiti aus der Zeit um 10.000 bis 9000 v. Chr.

Tourismus
Für Windsurfer ist Vieste ein geeigneter Ort. Auf Grund der exponierten Lage herrscht dort fast täglich ein surf- und segeltauglicher Wind. Es gibt mehrere Surfschulen und Sandstrände. In der Region findet man viele Campingplätze.

Bekannt ist der an jedem zweiten Montag stattfindende Markt. Zwischen Oktober und Juni stagniert die lokale Wirtschaft des touristischen Ortes weitgehend.

Weblinks

 Vieste am Gargano

Einzelnachweise

Halbinsel (Italien)
Halbinsel (Europa)
Halbinsel (Mittelmeer)
Vieste
Gargano

redpajama_set_name: RedPajamaWikipedia


text:
House Bill 3919 would retroactively end life without parole (LWOP) for criminals under 18. Juveniles who commit or have committed non-homicide crimes would be eligible for parole after 20 years. Juveniles who commit or have committed homicides would be eligible for parole after 25 years. NOVJM opposes HB 3919 because it would force victims to endure painful parole hearings and put society at risk.
"Section 17-25-35. (A) Notwithstanding any other provision of law, a court may not sentence a person to life imprisonment without the possibility of parole if the person was less than eighteen years of age at the time of committing the offense. This subsection applies retroactively to a person whose offense was committed before the person was eighteen years of age, regardless of the original sentences that were imposed.
Section 17-25-40. (A) A person who was convicted and sentenced for an offense committed before the person was eighteen years of age and in which the death of another person did not occur, and that was committed before, on, or after the effective date of this act is eligible for release on parole no later than after twenty years of incarceration, including any applicable sentencing enhancements, and including an instance in which multiple sentences are to be served consecutively or concurrently, unless by law the person is eligible for earlier parole.
(B) A person who was convicted and sentenced for an offense committed before the person was eighteen years of age, in which the death of another person occurred, and that was committed before, on, or after the effective date of this act is eligible for release on parole no later than after twenty-five years of incarceration, including any applicable sentencing enhancements, unless by law the person is eligible for earlier parole.
In the House Judiciary Committee.
Write to members of the House Judiciary Committee.
NOVJM position
NOVJM opposes HB 3919 for the reasons explained below. To summarize, making all juvenile offenders eligible for parole regardless of the severity of their crimes is not a good idea. It would put public safety at risk by allowing dangerous criminals to manipulate their way out of prison. And it would force victims to endure traumatizing parole hearings.
Letter to the House Judiciary Committee
Letter to S.C. lawmakers
I am writing on behalf of the National Organization of Victims of Juvenile Murderers (NOVJM). NOVJM is dedicated to helping those whose family members were murdered by juveniles under 18. We represent hundreds of victims' families around the country who have lost loved ones to juvenile murderers. NOVJM does not take positions on how specific offenders should be sentenced. We support the victims' families voices. But we do believe that justice is best served by giving courts the most sentencing options possible to deal with the wide range of offenders and crimes that they face, up to and including life sentences. A wider range of sentencing options prioritizes public safety against offenders who may always remain dangerous, as psychologically we do see sometimes.
And the availability of longer sentences, where appropriate, allows victims' families to experience some sense of justice and a sense of legal finality, especially when the sentencing options keep frequent re-traumatizing parole hearings to an absolute minimum. Victims' families suffer staggering life and health problems when having to re-engage with those who murdered their loved ones.
NOVJM opposes HB 3919 because it would unnecessarily re-traumatize victims. Victims would be forced to endure agonizing parole hearings. Furthermore, because of the bill's retroactivity, many victims were never planning on or building these parole hearings into their lives, increasing the traumatic impact. Victims often walk away from long term and life sentences given to their loved ones' murderers believing that their ordeals with the criminal justice system are largely over. They do not make the preparations necessary for parole hearings. They often don't even register for victim notification, and then become lost to the record keeping of the court. We believe that retroactively reducing criminal sentences raises serious legal issues with regards to Victims' Rights.
Additionally, there is the issue of fairness. There are some crimes committed by juveniles that may warrant long term or life sentences due to the extreme depravity and cruelty involved. Examples of such crimes are listed on our website.
And finally, there is the issue of safety. Unfortunately, there are some people who, for whatever reason, will always pose a risk to society. Some are diagnosed psychopaths or sociopaths. Psychopathy and sociopathy are incurable conditions characterized by a lack of remorse or empathy. Some of these offenders have been sentenced for crimes they committed when they were under 18. In many cases, offenders have been released early only to commit more crimes. Some of these cases are documented on our website as well. http://www.teenkillers.org/index.php/myths-about-the-juvenile-life-sentence/dangerous-early-release/
Thank you for considering NOVJM's opposition to HB 3919. We respectfully ask that it not be made law. We have never ceased to be horrified by the amount of money and the huge advocacy effort that is being put into changing teen killers' sentences with NO effort to talk about or plan for how murder victims' families, who have already had to endure the worst experience of anyone's lifetime, will cope. We are shocked by the fact that advocates of juvenile murderers leave us out in regards to legislation that will profoundly affect our well-being and lives for decades to come. We stand ready to offer victim family testimony, research from the scientific community, and strategies that have worked well to balance the concerns of criminal justice reform with those of public safety and victim re-traumatization. We deeply appreciate your consideration of the needs of the victims' families in at least EQUAL force that you consider the requirements of justice for those who killed our loved ones.
Learn about more current legislation here.
Join Us on Facebook – For Loved Ones of Victims Only
Best Book To Help Murder Victims Family Members
What To Do When The Police Leave: A Guide to the First Days of Traumatic Loss
Adult Time for Adult Crimes
Excellent Legal Analysis and Report on Juvenile Life Sentences by Cully Stimson
Key Legal Principle for Us: "Malitia Supplet Tetatem" – Can Malice Supply the Want of Years?
Professor Craig Lerner, author of "Can Malice Supply the Want of Years?", an important legal analysis of the issue of juvenile offender sentencing.
"Brain Overclaim Syndrome" by Professor Stephen J. Morse of UPenn Law
Scholarly Article That Explains the Misuse of Brain Science by Some Offender Advocates
Victims Families at the Supreme Court
Preserving Voices of Victims
Harvard Professor James Q. Wilson "Thinking About Crime":
". . . some persons will shun crime even if we do nothing to deter them, while others will seek it out even if we do everything to reform them. Wicked people exist. Nothing avails except to set them apart from innocent people. And many people, neither wicked nor innocent, but watchful, dissembling, and calculating of their opportunities, ponder our reaction to wickedness as a cue to what they might profitably do. We have trifled with the wicked, made sport of the innocent, and encouraged the calculators. Justice suffers, and so do we all."


Stress is evident everywhere in our fast-paced world. It's a mental, emotional, behavioural or physical strain caused by anxiety or overwork. We all feel stress and often suffer the results of it in some way or other.
When you identify, and learn how to manage the things that create stress, you will experience improvements in every area of your life-from your relationships to your performance, from your health to your outlook on life.
Below are several points that can contribute to stress. You need to be aware and realise that you are in control of your stress; this the foundation of stress management.
1. Don't over commit. Whether in your personal or professional life learn your limits and set boundaries. Know when to say, "No!" Don't take on more than you can reasonably handle.
2. Avoid people who stress you out. If someone is a constant source of stress and you can't turn the relationship around, limit the amount of time you spend with that person, or end the relationship entirely.
3. Avoid heated topics. You know the topics that cause your blood pressure to rise, so learn to avoid them.
4. Practice relaxation techniques. Techniques such as yoga, meditation, and deep breathing activate the body's relaxation response - a state of restfulness opposite of the stress response. When practiced regularly, you will enjoy a reduction in your everyday stress levels, benefit by a boost in your feelings of peace and serenity, and increase your ability to stay calm under pressure.
5. Change how you view things. Practice viewing stressful situations from a more positive perspective. Rather than getting stressed out about sitting in traffic, look at it as an opportunity to pause and regroup, to listen to your favourite music or self-improvement CD, or to just enjoy some quiet time.
6. Practice positive thinking. How you think can have a profound effect on your emotional and physical well-being. People who maintain a positive attitude and practice positive thinking experience less stress than those who are pessimistic and negative.
7. Anticipate problems. When issues arise, address them head on before they escalate. The best way to avoid big problems is by addressing them when they are small.
8. Express your feelings. When something or someone is upsetting you, learn to communicate your concerns in an open and respectful manner. Even if it's just sharing what you are going through with a friend, you will likely feel better.
9. Practice good time management. Every improvement you make in how you spend your time gives you greater control of your life and plays a small role in reducing your everyday stress levels.
10. Don't procrastinate. Putting things off until the last minute is a guaranteed way to increase your stress levels. Start doing what you know you should do when you know you should do it. Become a do-it-now person.
11. Stop striving for perfection. We should push ourselves to improve and to always do our best, BUT we need to know when something is good enough. On a scale of 1-10, start shooting for 8's and 9's.
12. Look for the upside. When problems and challenges present themselves, look at them as opportunities for personal growth. The next time you are faced with a challenge remember this African proverb: "Smooth seas do not make skilful sailors."
13. Set aside relaxation time. Block out time each day to rest, relax, and recharge your batteries. Look at your daily schedule and identify one or more periods of time when you can take a break. Do something you enjoy during these blocks of time.
14. Keep your sense of humour. Smiling and laughing are great ways to reduce stress.
15. Exercise regularly. It is well documented that physical activity plays a key role in reducing the effects of stress on the body. Make time for at least 30 minutes of exercise, three times per week. A brisk walk can do wonders to reduce stress.
16. Consume healthy food and beverages. When we nourish our bodies with healthy foods and beverages our bodies are better prepared to cope with stress.
17. Get enough sleep. Getting a good night's sleep allows you to rest your mind and body. When you are tired and fatigued, you experience more stress than when you are fresh and full of energy.
18. Use a "To Do" list. Writing down everything you need to do in a prioritised sequence is a huge stress reducer. When you are doing exactly what you should be doing in the exact sequence in which things need to be completed, you will feel more at peace.
19. Don't accept stress. Refuse to get stressed out. As an example, if you are feeling stress because of everything you must do, but you are giving 100% of yourself and you are working on things in a prioritised sequence, say, "I'm doing all I can do." This is a conversation I have with myself several times each week as I consider all that I must do.
20. Put together a debt-reduction plan. Putting together a plan to decrease your debt will do wonders to reduce financial stress. Much of the financial pressure people live with is a result of not having a budget or plan.
21. Build valued relationships. If you put an emphasis on building valued relationships, you will not only find greater enjoyment in life, but you will have fewer conflicts. Spending time with positive and encouraging people makes you feel better and reduces stress.
22. Stop stressing over little things. So much stress comes from getting worked up over petty little things-such as the person driving slowly in front of you, or listening to someone who has an opposing view on an insignificant subject. Use your self-control to ignore the little things that bug you.
23. Learn to respond, not react. When something upsets you, don't react in haste. Instead pause and consider the best way to respond-a way that you will be proud of later.
24. Write things down. Stop trying to remember everything; start taking notes or making lists. This frees the mind and, because you don't need to remember things, you will feel a whole lot less stress.
25. Don't pick fights. You know the types of things that cause conflict. Unless it is something important to you, learn to let it go.
26. Plan and arrive early. We have all experienced the stress of running late for an appointment. When you must be somewhere at a specific time, plan and arrive early.
27. Stop expecting people to live by your rules. Dealing with unmet expectations is a huge source of stress. Make sure you set proper expectations for yourself. When you set expectations for others, make sure they understand them. Expecting people to fulfil your unspoken expectations is a sure-fire way to get a dose of unwanted stress.
28. Get organised. How do you feel when your home, car, or workplace is a mess, or when you are working on a project and can't find things? Take the time to get organised; then do the little things each day to stay organised.
29. Present yourself as being calm and in control. When you present yourself in this manner, you will feel less hurried and more confident, both of which will reduce the stress you feel.
30. Learn to estimate how long activities take. Start tracking how long things take to complete. In most cases, the actual amount of time it takes to do something is more than you initially estimated. By clearly understanding how long an activity "really" takes, you can better control your schedule and commitments.
31. Don't try to control the uncontrollable. Many things in life are beyond our control, including the behaviour of other people. Rather than stressing out over them, focus on the things you can control, such as how you should respond to them.
32. Learn to forgive. Accept the fact that we live in an imperfect world and that we all make mistakes. Let go of anger, resentment, and negative energy by forgiving those who have hurt you.
33. Be grateful. Take time each day to reflect on the things you appreciate in your life, including your own positive qualities and gifts. This will increase your happiness and help you keep things in perspective.
Managing stress is all about taking control of your thoughts, your emotions, your schedule, your environment, and the way you deal with problems. The goal is a balanced life, with time for work, relationships, relaxation, and fun.
Learning how to avoid and reduce stress is one of the most important skills you can master, not only for your own health and happiness but also because of how your stress levels impact those close to you.


text:
Abbott Pays More to CEO Than Taxes to US Government
Home » News » Abbott Pays More to CEO Than Taxes to US Government
August 21st, 2012 // 2:06 pm	@ jmpickett
In this era of increasing scrutiny given to ceo compensation, yet another report has taken a look at how some companies are making use of tax laws and how this compares with the payouts given to the c-suite. Specifically, the Institute for Policy Studies has found that 26 companies last year paid more to their CEOs than they paid in US federal taxes. And one drugmaker had the dubious distinction of making the list: Abbott Laboratories and its ceo, Miles White.
"Our nation's tax code has become a powerful enabler of bloated CEO pay," IPS says in discussing its study, which it calls "Executive Excess" and explores such loopholes as unlimited tax deductibility of executive pay, unlimited deferred compensation, preferential treatment of carried interest and stock option accounting double standards. The non-profit think tank also looks at ceo's who saved the most from Bush-era tax cuts.
"Some tax rules on the books today essentially encourage corporations to compensate their executives at unconscionably higher multiples of what their average workers are paid. Other rules let executives who run major corporations routinely reduce their corporate tax bills. The fewer dollars these corporations pay in taxes, the more robust their eventual earnings and the higher the 'performance-based' pay for the CEOs who produce them," ISP writes.
A few bottom-line findings: last year, 25 of the 100 highest-paid US corporate ceo's took home more in compensation than their companies paid in federal income taxes, with seven companies making the list in both 2011 and 2010. On average, the 26 companies on the 2011 list had more than $1 billion in US pre-tax income but still received net tax benefits that averaged $163 million. The 26 CEOs on the latest list received $20.4 million in average total compensation last year, a 23 percent increase over the average in 2010 (there is a link to the complete report here).
As for Miles White, IPS calculates that he received total compensation of $19 million, a 5 percent drop. But the drugmaker – which is about to split into two different companies, one of which has a funny name (back story) – purportedly received a $586 million refund. IPS maintains this was achieved, in part, thanks to 64 subsidiaries that operate in 16 countries and are considered tax havens. In a bit of sarcasm, IPS dubs this maneuver "take 64 tax havens and call me in the morning."
IPS writes "those millions in tax savings are likely to come in handy. After a May 2012 settlement with the Justice Department, the drugmaker must now pay out $1.6 billion for promoting unapproved uses of Depakote, an epilepsy medication. Abbott (allegedly) marketed the drug to nursing homes as a cost-effective way to control patients with dementia and downplayed (its) own research that indicated high risks for the elderly" (read here). The think tank adds that 41 percent of sales reported last year were in the US market, but US operations accounted for 7 percent of overall profits.
An Abbott spokesman, however, essentially called the report flawed. "This is a blatant misrepresentation of the facts," he writes us, adding that the drugmaker did not receive a refund, but actually paid the US government $700 million in federal income taxes last year. The numbers in the IPS report, he argues, reflect a non-cash accounting adjustment caused by resolution of various tax matters.


Preface (B.A. Markert, A.M. Breure, H.G. Zechmeister). General aspects and integrative approaches. 1. Definitions, strategies and principles for bioindication/biomonitoring of the environment (B.A. Markert, A.M. Breure, H.G. Zechmeister). 2. Bioindicators and environmental stress assessment (O. Fränzle). 3. Bioindicators and biomonitors for policy, legislation and administration (K. Kienzl, A. Riss et al.). 4. Bioindicators for ecosystem management (C.M. Lorenz). 5. Predicting toxic effects of contaminants in ecosystems using single species investigations (R. Altenburger, M. Schmitt-Jansen). Bioindicators in use. 6. Standard tests. 7. Microbial indicators. 8. Lower plants. 9. Higher plants. 10. Invertebrates. 11. Vertebrates. International Programmes for biomonitoring purposes. 12. Environmental specimen banking (A.A.F. Kettrup). 13. Some concepts and future developments: developing agri-biodiversity indicators as a tool for policy makers (K. Parris). 14. USEPA biomonitoring and bioindicator concepts needed to evaluate the biological integrity of aquatic systems (J.M. Lazorchak et al.). 15. IAEA approaches to assessment of chemical elements in atmosphere (B. Smodiš). 16. Bioindicators and the indicator approach of the European Environment Agency (P. Bosch, U. Pinborg). 17. Critical assessment of international marine monitoring programmes for biological effects of contaminants in the north-east Atlantic area (P. Matthiessen).
This book provides comprehensive single source coverage of bioindication/biomonitoring in the fields of ecology, ecotoxicology and environmental sciences; from the ecological basics to the effects of chemicals on the environment and the latest test strategies.
Contributions by leading figures in ecology from around the world reflect the broad scope of current thinking and research, making this volume essential reading for informed professionals and students.
For professionals and students working in environmental sciences, chemistry, ecology, medicine, engineering and other related disciplines.


Danny has been a member of CHC for over 30 years and has recently retired from his business.
For over 40 years, as the founding partner, Danny was in his own food marketing and distribution business.
"I look forward to using my commercial career experiences to benefit my position on the board."
"This appointment will allow me the opportunity and privilege to work alongside a great group of people in the service of the CHC community."


text:
Women's College World Series: Alabama suffers…
Women's College World Series: Alabama suffers first loss since April 17
By Tuscaloosa News, The Tuscaloosa News and Brett Greenberg |
PUBLISHED: June 7, 2021 at 1:42 a.m. | UPDATED: July 14, 2021 at 9:40 a.m.
Alabama lost for the first time since April 17 in the semifinal round of the Women's College World Series against Florida State, falling 2-0 on Sunday in Oklahoma City.
The loss snaps a 20-game winning streak for the Crimson Tide (52-8) and forces the "if necessary" game to be played Monday at 6 p.m. CT on ESPN. The championship series start will be pushed back to Tuesday.
Lexi Kilfoyl struck out nine but walked in the eventual winning run with the bases loaded in the fifth inning. Alabama had just two hits and had only one runner reach second.
Here are three things we learned as Alabama gears up for a win-or-go-home matchup:
Defensive miscues the difference
Alabama only committed one error in the loss but had some minor defensive miscues throughout the game.
Shortstop Taylor Clark did not charge a ground ball in the fifth inning, resulting in another base runner. Elissa Brown had trouble picking up the ball in the outfield, allowing a Seminoles batter to reach third, and Bailey Hemphill overthrew Savannah Woodard on a steal attempt allowing the runner to advance to third.
Lack of support for Kilfoyl
The Crimson Tide had just two hits. An Alabama runner did not reach second base until the fifth inning and only did that one time.
Alabama drew only one walk, that one giving Hemphill the all-time record for walks in SEC history (237).
FSU prided on small ball
Florida State continues to battle in the NCAA Tournament. The Seminoles continue to win low-scoring, pitchers-duel type of games with singles and aggressive baserunning.
"I know everyone likes the long ball, but the small ball way of us has carried us." FSU head coach Lonni Alameda said. "It's so cool to see an aggressive baserunning decision pay off."
Alabama will play FSU on Monday at 6 p.m. CT on ESPN. The winner will advance to the best-of-three championship series beginning Tuesday against the winner of Oklahoma and James Madison.
Tuscaloosa News
Brett Greenberg
Community scoreboard for Jan. 18
Kenston hockey set to retire Kyle Weninger's No. 4 jersey
Body shaming continues to be major problem in HS sports | Opinion


On September 20, 2016 police officers shot and killed Keith Lamont Scott, an unarmed black man, in Charlotte, North Carolina. The city was outraged as this occurred in the wake of intense scrutiny of police using excessive force towards black people with no valid reason of doing so. Only a year earlier, riots dominated Ferguson, Missouri after a similar incident. Charlotte was filled with unrest as protests essentially shut down the city and interstate, at times. The protesting lasted multiple nights with the tension and violence in the first two nights prompting the National Guard to be called in. *WARNING*: There are obscene gestures in some of the photos in this gallery.


text:
The 1986 Atlantic 10 men's basketball tournament was played from February 25 to March 3, 1986. The tournament was played at the Brendan Bryne Arena in East Rutherford, NJ.  The winner was named champion of the Atlantic 10 Conference and received an automatic bid to the 1986 NCAA Men's Division I Basketball Tournament. Saint Joseph's University won the tournament. Greg Mullee of Saint Joseph's was named the tournament's Most Outstanding Player. Saint Joseph's, Temple, and West Virginia earned bids to the NCAA Tournament in 1986.

Bracket

External links
  Atlantic 10 Men's Basketball Tournament History

Atlantic 10 men's basketball tournament
Tournament
Atlantic 10 men's basketball tournament
Atlantic 10 men's basketball tournament
Atlantic 10 men's basketball tournament


text:
Józef Noji (ur. 8 września 1909 w Pęckowie, zm. 15 lutego 1943 w Auschwitz) – polski lekkoatleta, olimpijczyk, 10-krotny mistrz Polski w biegach długodystansowych, stolarz i warszawski tramwajarz. Zawodnik Sokoła Poznań oraz dwóch warszawskich klubów sportowych Legii i Syreny Warszawa. W czasie II wojny światowej w okresie niemieckiej okupacji Polski działacz niepodległościowy, aresztowany przez Gestapo i więziony na Pawiaku, zastrzelony w niemieckim obozie koncentracyjnym KL Auschwitz.

Rodzina

Urodził się w małej wsi Pęckowo koło Wielenia, w ówczesnej Prowincji Poznańskiej leżącej w zaborze pruskim. Jako najmłodszy z czworga rodzeństwa był synem Pawła, miejscowego stolarza oraz Józefy z Kowalów. Jego rodzina była biedna, a warunki materialne pogorszyły się dodatkowo po śmierci ojca w 1917 roku. Od najmłodszych lat Józef musiał ciężko pracować fizycznie, aby móc finansowo pomagać matce w utrzymaniu rodziny. Był żonaty z Ireną z domu Francuzik, z którą miał syna Ryszarda.

Życiorys
W 1923 roku ukończył 5-klasową szkołę powszechną, po zakończeniu której w 1927 roku zdobył uprawnienia czeladnicze u miejscowego mistrza stolarskiego. W tym samym roku wstąpił do regionalnego gniazda Polskiego Towarzystwa Gimnastycznego "Sokół", w którym pełnił funkcję sekretarza. Rozpoczął również starty w lokalnych biegach na różnych dystansach. Z powodów materialnych opuścił rodzinne strony i przeniósł się do Bydgoszczy.

W Toruniu odbył służbę wojskową w 8 batalionie saperów, którą ukończył w roku 1932 w stopniu kaprala. Po zakończeniu służby powrócił do rodzinnej wsi, skąd do dorywczej pracy stawiał się wcześnie rano, biegając tam z miejsca zamieszkania 24 kilometry. Drogę do kariery sportowej otworzyły mu organizowane corocznie Biegi Narodowe na Przełaj, które jako kompletnie nieznany wówczas zawodnik wygrał w 1934 roku, pokonując czołówkę polskich biegaczy. Stał się sensacją sportową i już parę miesięcy później powołano go do polskiej kadry w meczu bałtyckim pomiędzy Polską, Łotwą i Estonią, w którym zajął II miejsce w biegu na 10 000 metrów, za Kazimierzem Fiałką.

Od 1935 roku startował jako zawodnik warszawskiej Legii, zdobywając dla tego klubu wiele medali i nagród. Po igrzyskach olimpijskich w Berlinie w 1936 roku występował również w latach 1937–1939 w barwach Syreny Warszawa. Dwukrotnie został wybrany do dziesiątki najlepszych sportowców Polski. W Plebiscycie "PS" 1936 zajął 2. miejsce, a w 1937 był dziewiąty.

W okresie międzywojennym, od 1937 roku pracował w Warszawie jako motorniczy tramwaju. W 1939 roku przygotowywał się do igrzysk olimpijskich roku 1940, ścigając się w krajowych i międzynarodowych zawodach z czołówką europejskich biegaczy oraz ze swoim największym rywalem w Polsce Januszem Kusocińskim. Był wówczas jednym z najbardziej utalentowanych polskich długodystansowców i upatrywano w nim następcę Kusocińskiego. Do wybuchu wojny 10-krotnie reprezentował barwy narodowe w meczach międzypaństwowych.

II wojna światowa
Jego karierę sportową przerwał wybuch II wojny światowej. Nie został zmobilizowany w czasie kampanii wrześniowej. Po jej zakończeniu zgłosił się do pracy w Warszawie w warsztatach tramwajowych. Ze względu na swoje osiągnięcia sportowe zwrócił uwagę Niemców. Dwukrotnie zaproponowali mu podpisanie niemieckiej listy narodowościowej (tzw. volkslisty), oferując dobrze płatne stanowisko i związane z tym przywileje. Józef Noji dwukrotnie odmówił. Na przełomie lat 1939–1940 włączył się w działalność struktur konspiracyjnych polskiego podziemia niepodległościowego. Został aresztowany przez Gestapo 18 września 1940 i umieszczony w niemieckim więzieniu przy ul. Pawiej.

Po blisko rocznym pobycie na Pawiaku, 23 lipca 1941 roku został wywieziony do niemieckiego obozu koncentracyjnego Auschwitz. W transporcie liczącym 350 innych więźniów znajdowało się również wielu przedstawicieli polskiej inteligencji, jak były wiceminister skarbu Roman Rybarski, rektor Szkoły Głównej Gospodarstwa Wiejskiego – Witold Staniszkis, polityk PPS Adam Kuryłowicz, publicysta Piotr Kownacki.

W obozie Noji otrzymał numer 18 535 i skierowany został do pracy w obozowej stolarni. W lutym 1943 roku za próbę przemycenia grypsu został wtrącony do bunkra w bloku 11 zwanym blokiem śmierci, gdzie napisał ostatni list do żony. Następnego dnia, 15 lutego 1943 roku o godzinie 13.55, został zaprowadzony pod tzw. "ścianę śmierci" i zastrzelony strzałem w tył głowy. Ocalały z Auschwitz więzień nr 21 953 – Leonidas Koreń, który był świadkiem wydarzenia zeznał, że tego dnia do bezbronnych więźniów strzelała trójka SS-manów: SS-Hauptscharführer Gerhard Palitzsch, SS-Unterscharführer Heinrich Schoppe oraz SS-Lagerführer Friedrich Stiwitz.

Józef Noji pośmiertnie został odznaczony przez komendę główną Armii Krajowej dnia 16 czerwca 1944 Krzyżem Walecznych oraz 20 listopada 1944 roku przez Prezydenta RP na uchodźstwie Srebrnym Krzyżem Zasługi z Mieczami.

Osiągnięcia sportowe

Obok Janusza Kusocińskiego Józef Noji był najbardziej znanym polskim długodystansowcem lat 30. XX w. Brał udział w igrzyskach olimpijskich w 1936 w Berlinie, gdzie zajął 5. miejsce w biegu na 5000 metrów i 14. miejsce w biegu na 10 000 metrów.

W 1936 roku w Warszawie na zawodach lekkoatletycznych, jakie odbyły się 10 i 11 października na stadionie Wojska Polskiego, wygrał bieg na 5000 m z czasem 14:58,0, wyprzedzając fińskiego dwukrotnego złotego mistrza olimpijskiego w biegach długodystansowych Volmara Iso-Hollo, który osiągnął czas 15:00,2.

Startował także w mistrzostwach Europy w 1938 w Paryżu, gdzie był piąty w biegu na 5000 metrów.

Dziesięciokrotnie zdobywał tytuły mistrza Polski:

 bieg na 5000 m: 1935, 1936, 1937, 1938 i 1939
 bieg na 10 000 m: 1936
 bieg przełajowy: 1936, 1937, 1938 i 1939
Był też wicemistrzem Polski na 10 000 m w 1934 i brązowym medalistą w biegu na 1500 metrów w 1939.

Zdobył tytuł międzynarodowego mistrza Anglii na 6 mil w 1936. Był rekordzistą Polski na 5000 metrów (14:33,4 s. – 7 sierpnia 1936 w Berlinie) i w sztafecie 4 × 1500 metrów (16:02,6 s. – 28 czerwca 1939 w Warszawie).

Rekordy życiowe Nojiego:

Upamiętnienie

Józef Noji upamiętniony został:

 Aleja Józefa Nojiego w Warszawie znajdującą się na terenie byłego 1 Pułk Szwoleżerów Józefa Piłsudskiego na południowym brzegu od Kanału Piaseczyńskiego,
 ulicą im. Józefa Nojiego w Oświęcimiu, znajdującą się na terenie Osiedla Chemików,
 pamiątkową tablicą umieszczoną w 1986 roku na kościele w Pęckowie,
 obeliskiem w Drawskim Młynie,
 biegiem organizowanym od ponad trzydziestu lat pod nazwą Masowy Bieg imienia Józefa Nojiego odbywającym się na trasie z Drawskiego Młyna do Wielenia (przez Pęckowo, Drawsko, Krzyż Wielkopolski, Hutę Szklaną),
 dwoma stadionami, Stadionem Miejskim w Drezdenku oraz stadionem miejskim w Wieleniu mogącym pomieścić 2500 widzów.
 biografia Nojiego opisana w książce Franciszka Grasia J.Noji sportowiec-patriota.

Szkoły noszące imię Józefa Nojiego
 Zespół Szkół Ponadgimnazjalnych w Czarnkowie
 Szkoła Podstawowa w Pęckowie
 Szkoła Podstawowa nr 2 w Drezdenku

Przypisy

Bibliografia

Linki zewnętrzne
 Filmik o Józefie Nojim w serwisie Youtube.

Członkowie Polskiego Towarzystwa Gimnastycznego "Sokół"
Lekkoatleci Legii Warszawa
Polscy długodystansowcy
Polscy lekkoatleci na igrzyskach olimpijskich
Polscy olimpijczycy (Berlin 1936)
Polscy motorniczy
Więźniowie Pawiaka (okupacja niemiecka)
Odznaczeni Srebrnym Krzyżem Zasługi z Mieczami
Odznaczeni Krzyżem Walecznych (władze RP na uchodźstwie)
Ofiary KL Auschwitz
Polskie ofiary niemieckich obozów koncentracyjnych
Urodzeni w 1909
Zmarli w 1943
Żołnierze 8 Pułku (batalionu) Saperów (II RP)


text:
Chelsea murder: Tracy Phillips to appear at West London Magistrates Court charged with stabbing woman
By Lewis Dean
Updated August 3, 2015 07:49 BST
A woman was stabbed to death at a home in Chelsea, west London Google Maps
A 48-year-old woman is due to appear at West London Magistrates Court on Monday charged with stabbing a female to death at an address on Stadium Street, Chelsea. Tracy Phillips, 48, of Downe House, Springfield Grove, south-east London, was on Sunday (2 August) charged with murder and remanded in custody. Scotland Yard detectives launched a murder investigation after the victim was pronounced dead at the home earlier that same day.
Officers were called at approximately 1:20am to reports of a woman suffering stab wounds at the address. London Ambulance Service also attended and the 35-year-old woman who was pronounced dead at the scene 15 minutes later.
Although officers believe they know the identity of the deceased, formal identification is yet to take place. Enquiries are under way to trace next of kin and a post mortem examination will be scheduled i n due course. The investigation is being led by Detective Chief Inspector Simon Ashwin from the Homicide and Major Crime Command (HMCC).


This Misc Me Journal Box Set is perfect for your Pocket Page (Project Life) scrapbooking. Each package includes 60 - 6" x 8" cards, 60 - 4" x 6" cards and 120 - 3" x 4" cards (240 double sided cards total). Designed to coordinate with the Bo Bunny Misc Me Collection 8" x 9" and 12" x 12" Life Journal 3-ring Binder Albums and Page Protectors (sold separately).
BoBunny has discontinued this item.


text:
NBA Official
Writer Archive
League Pass
Free Agent Tracker
Authorized Gaming Operators
NBA Pick'Em
Yahoo Fantasy Sports
FanDuel DFS
NBABet
NBA Game Worn
NBA Photo Store
NBA Cares
Jr. NBA
NBA Foundation
National Basketball Social Justice Coalition
2020 NBA Draft
All Picks
NBA postpones Draft Lottery, Draft Combine
Steve Aschburner
There can't be a Draft Lottery if you don't have final NBA regular-season standings to know who's in it.
And the reasons you don't have final regular-season standings by now are the same reasons you can't have the annual Draft Combine in a few weeks.
Both events were postponed Friday, the league announced, as part of the continued shutdown due to the coronavirus crisis and government guidelines.
"More information on each event will be shared at a later date," the NBA said in a statement. It will continue "to closely monitor the coronavirus pandemic and consult with infectious disease specialists, public health experts and government officials."
The Draft Lottery was scheduled for May 19 in Chicago, the same site as the Draft Combine set for May 19-24. In theory, the lottery could have been conducted remotely, without league executives, representatives of each teams and media members gathering in a hotel ballroom.
But because the 2019-20 season remains paused, with the possibility of resuming regular-season play still among the NBA's many, constantly changing models for a return to action, the actual 14 lottery teams are as uncertain as most of the 16 playoff qualifiers.
Mathematically, only the Milwaukee Bucks, Torono Raptors, Boston Celtics in the Eastern Conference and the Los Angeles Lakers in the Western Conference had clinched postseason berths by the time the schedule was suspended March 11. A total of 259 games were left on the schedule, their status — as well as the playoffs — on hold.
"There are no target dates," R.C. Buford, CEO of the San Antonio Spurs, had said earlier this week. "We just got the early-entry list in the last couple of days. That at least gives some kind of clarity on who the draft pool will be.
"But from there, we don't have clarity on the Chicago pre-draft or medicals or all the things that go on with draft preparation."
Postponing the combine, where draft-eligible players get evaluated by scouts and executives of the league's 30 teams, owes more to the calendar, and the travel and social-distancing limitations facing much of the nation overall. Pushing back the date for the combine — if it gets held at all — delays the decision-making process for early-entrant players in particular. They currently face an NCAA deadline to retain eligibility of June 3; a similar deadline for international players is June 15.
If the combine is not held, medical information traditionally obtained by teams there would need to be procured in some other way.
The 2020 NBA Draft is scheduled for June 25.
Steve Aschburner has written about the NBA since 1980. You can e-mail him here, find his archive here and follow him on Twitter.
The views on this page do not necessarily reflect the views of the NBA, its clubs or Turner Broadcasting.
More on NBA.com:
NBA sets May 8 as earliest return to practice facilities
Spurs CEO Buford: 'Every intention' to resume season
Latest news and reaction from NBA community
NBA postpones 2020 NBA Draft Lottery and Combine
The Q&A: Spurs executive R.C. Buford says teams have 'every intention' to return to play
Buford sheds light on his call with team presidents and provides update on the Spurs' organization
NCAA sets new schedule for early Draft entrants to withdraw
NBA Board of Governors approves competitive format to restart 2019-20 season with 22 teams returning to play
Expectations skyrocket in Morant's 3rd season
The athletic and explosive point guard has emerged as a legitimate candidate for the Kia MVP as has the Grizzlies looking like a threat.
Hammon: Easy decision to return to WNBA
After 8 seasons as an assistant coach with the Spurs, Becky Hammon is the new coach of the WNBA's Las Vegas Aces.
10 players who lead way in screen assists
Take a closer look at the top 10 players in screen assists and the points they create midway through the 2021-22 season.
Pacers' Turner (foot) out at least 2 weeks
The league leader in blocks will be sidelined due to a stress reaction in his left foot.
Defensive Player Ladder: Giannis rises to No. 1
The two-time Kia MVP overtakes Rudy Gobert and Draymond Green in this month's ranking of the best defenders.
NBA Mailbag: What's next for Simmons, Irving?
Trade talk involving several marquee names is a popular topic as Mark Medina answers your NBA questions.
Want every headline right at your fingertips? Sign up to receive NBA emails!
By clicking "Submit", you agree to the Terms and Conditions and Privacy Policy. You agree that your personal information will be used to send you messages about NBA related products and services, and share your personal information with NBA partners and affiliates so that they can also contact you about products and services that might be of interest to you.
NBA Organization
NBA Careers
NBA Initiatives
NBA Voices
NBA FIT
Hoops for Troops
Across The League
NBA Communications
Lockervision
NBA Transactions
NBA Auctions
NBA Photostore
© 2022 NBA Media Ventures, LLC. All rights reserved.
Accessibility and Closed Captions
NBA.com is part of Warner Media, LLC's Turner Sports & Entertainment Digital Network


The new 130-acre NBCU village provides the opportunity to create a vital and diverse community responsive to its unique environmental and cultural setting. It will be a community which connects to its place through the shaping of its buildings and open spaces, balancing the energy and creativity of contemporary culture with timeless human and environmental needs.
The master plan design provides for a diversity of building types and public spaces to nurture community while allowing for individual choice and expression. Pedestrian life is encouraged through clear access to transit and a network of streets and paths for walking and biking. The site topography is reinforced through the weaving of the natural landscape through the urban form, creating an environmentally, socially and economically sustainable community.


text:
CAMPOS v. TICKETMASTER CORPORATION
United States Court of Appeals,Eighth Circuit.
Alex CAMPOS; Dania Campos; Albert Alfonso, Individually and on behalf of all others similarly situated; Plaintiffs/Appellants, v. TICKETMASTER CORPORATION; Defendant/Appellee.
Stephen HINES; Dirk Schnable; Todd Vicsik; Jamie Saltzman; Mike Ellis; Brad Cheskes; Suzanne Crawford, on behalf of themselves and on behalf of a class of persons similarly situated; Plaintiffs/Appellants, v. TICKETMASTER CORPORATION; Defendant/Appellee.
Joseph CROWLEY, Individually and on behalf of all others similarly situated; Plaintiff/Appellant, v. TICKETMASTER CORPORATION; Defendant/Appellee.
Tony STEPHENS, Individually and on behalf of all others similarly situated; Plaintiff/Appellant, v. TICKETMASTER CORPORATION; Defendant/Appellee.
Ebon PETTY; Arlean Azzo; John Azzo; Scott Henry Buettner; Scott J. Freedland; Brian Homer; Roger Hutton; Garrett Pfetzing; Christopher W. Quinn; Thomas Rockov; James Stewart; Hilary Tompkins, on behalf of themselves and others, in a class to be certified; Plaintiffs/Appellants, v. TICKETMASTER CORPORATION; Defendant/Appellee.
No. 96-2883.
Decided: April 10, 1998
Before HANSEN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and MELLOY, 1Chief District Judge. George W.Sampson, Seattle, WA, argued (Steve W. Berman, Seattle, WA, on the brief), for Plaintiffs/Appellants. Phil C. Neal, Chicago, IL, argued (James K. Gardner, Charles Evans Gerber, Chicago, IL, Francis P. Barron, New York City, David W. Harlan, Michael A. Kahn, St. Louis, MO, on the brief), for Defendant/Appellee.
The plaintiffs, individually and as a proposed class of popular music fans, sued Ticketmaster Corporation ("Ticketmaster") for damages and injunctive relief. Sixteen cases, originally filed in various districts, were consolidated for pretrial proceedings in the Eastern District of Missouri. Eleven of the cases were dismissed. The plaintiffs in the remaining five cases then filed a consolidated complaint superseding the individual complaints. The consolidated complaint alleged that Ticketmaster violated § 1 of the Sherman Act by engaging in price fixing with various concert venues and promoters and by boycotting the band Pearl Jam; that Ticketmaster violated § 2 of the Sherman Act by monopolizing, or attempting to monopolize, the market for ticket distribution services; and that Ticketmaster violated § 7 of the Clayton Act by acquiring its competitors. See 15 U.S.C. § 1 et seq. The plaintiffs claimed standing to sue based on their payment of monopoly overcharges, in the form of service and handling fees, for Ticketmaster's ticket distribution services.
The district court dismissed the suit, holding that the plaintiffs lacked standing to sue because they were indirect purchasers within the meaning of Illinois Brick Co. v. Illinois, 431 U.S. 720, 97 S.Ct. 2061, 52 L.Ed.2d 707 (1977) and its progeny. The district court also held that, even if the plaintiffs were not indirect purchasers, they were nevertheless inappropriate plaintiffs under the standards set forth by the Supreme Court in Associated General Contractors of California, Inc. v. California State Council of Carpenters, 459 U.S. 519, 103 S.Ct. 897, 74 L.Ed.2d 723 (1983). Finally, the district court held that three of the consolidated cases had been improperly venued, and dismissed the cases originally filed in Georgia, Washington, and Michigan.
The plaintiffs contend that the court erred in all of these holdings. We affirm in part, reverse in part, and remand for further proceedings.
Since the case was dismissed on the pleadings, we treat all factual allegations of the complaint as true. See Haberthur v. City of Raymore, 119 F.3d 720 (8th Cir.1997). We may affirm a dismissal on the pleadings "only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations." Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232, 81 L.Ed.2d 59 (1984); see also Associated General Contractors, 459 U.S. at 526, 103 S.Ct. at 902 ("[W]e must assume that the [plaintiff] can prove the facts alleged in its amended complaint.").
According to the complaint, Ticketmaster is a monopoly supplier of ticket distribution or ticket delivery services to large-scale popular music shows. The complaint alleges that Ticketmaster has long-term exclusive contracts with almost every promoter of concerts in the United States. These exclusive contracts ensure that Ticketmaster will have the right to handle the vast majority of ticket sales for almost every large-scale popular music concert in the United States, regardless of whether or not Ticketmaster has exclusive contracts with the particular venues where those concerts are held.
Ticketmaster's exclusive contracts with almost every promoter of concerts in the United States give it the right to distribute tickets over the telephone, at outlets such as retail stores, and at the venue where the promoter is presenting an event. According to plaintiffs, Ticketmaster therefore has ironclad control over ticketing for any large-scale popular music concert at major venues in the United States.
Ticketmaster uses that control, according to the complaint, to extract from the plaintiffs supracompetitive fees for ticket distribution services. Those fees can be as high as twenty dollars per ticket. By paying those fees, the plaintiffs contend that they suffer injury to their property within the meaning of Section 4 of the Clayton Act, 15 U.S.C. § 15, and so have standing to sue. See Reiter v. Sonotone Corp., 442 U.S. 330, 99 S.Ct. 2326, 60 L.Ed.2d 931 (1979). The district court, while not questioning the allegation that the plaintiffs pay some increased price for concert tickets as a result of Ticketmaster's monopoly, nonetheless held that such injury did not give the plaintiffs standing under § 4.
In Illinois Brick Co. v. Illinois, 431 U.S. 720, 97 S.Ct. 2061, 52 L.Ed.2d 707 (1977), the Supreme Court held that only the "direct purchaser" from a monopoly supplier could sue for treble damages under § 4 of the Clayton Act. See 15 U.S.C. § 15; Hovenkamp, The Indirect Purchaser Rule and Cost-Plus Sales, 103 Harv. L.Rev. 1717 (1990). "Indirect purchasers" generally lack standing under the antitrust laws and so cannot bring suits for damages. See Sports Racing Services, Inc. v. Sports Car Club of America, Inc., 131 F.3d 874, 883 (10th Cir.1997)("The Supreme Court has consistently held that only direct purchasers suffer injury within the meaning of § 4 of the Clayton Act.").
The Supreme Court has defined an indirect purchaser as one who is not the "immediate buyer from the alleged antitrust violator[ ]," Kansas v. UtiliCorp United, Inc., 497 U.S. 199, 207, 110 S.Ct. 2807, 2812, 111 L.Ed.2d 169 (1990), or one who "[does] not purchase [the monopolized product] directly from the [antitrust] defendant[.]" California v. ARC America Corp., 490 U.S. 93, 97, 109 S.Ct. 1661, 1663, 104 L.Ed.2d 86 (1989). Some commentators have offered definitions of their own. See, e.g., Werden & Schwartz, Illinois Brick and the Deterrence of Antitrust Violations-An Economic Analysis, 35 Hastings L.J. 629, 668 n. 4 (1984)("The term 'indirect purchaser'․ means any party that purchases a product from any party in the vertical supply chain other than the party suspected of the antitrust violation, i.e., from a direct purchaser or another indirect purchaser-with the ultimate consumer being the last indirect purchaser."); Hovenkamp, The Indirect-Purchaser Rule and Cost-Plus Sales, 103 Harv.L.Rev. 1717 (1990)( " 'Indirect' purchaser[s][are] those who bought an illegally monopolized or cartelized product or service through the agency of a dealer, distributor, or some other independent reseller who was not a participant in the antitrust violation."). Other courts and commentators have given examples to explain the content of the indirect purchaser concept. See, e.g., McCarthy v. Recordex Service, Inc., 80 F.3d 842, 852 n. 16 (3rd Cir.)(homeowner an indirect purchaser of paint used by housepainter), cert. denied, 519 U.S. 825, 117 S.Ct. 86, 136 L.Ed.2d 42 (1996); Landes & Posner, Should Indirect Purchasers Have Standing to Sue Under the Antitrust Laws? An Economic Analysis of the Rule in Illinois Brick, 46 U.Chi.L.Rev. 602 (1979)(bread buyer an indirect purchaser of flour and oven used by bread baker).2
A common concept unites these various definitions and examples: An indirect purchaser is one who bears some portion of a monopoly overcharge only by virtue of an antecedent transaction between the monopolist and another, independent purchaser. Such indirect purchasers may not sue to recover damages for the portion of the overcharge they bear. The right to sue for damages rests with the direct purchasers, who participate in the antecedent transaction with the monopolist.
Some review of the economic assumptions underlying the direct purchaser rule is necessary to understand the justification for the direct purchaser rule. For purposes of antitrust analysis, courts assume that a firm generally wishes to "minimize its input costs[.]" Olympia Equipment Leasing Co. v. Western Union Telegraph Co., 797 F.2d 370, 374 (7th Cir.1986), cert. denied, 480 U.S. 934, 107 S.Ct. 1574, 94 L.Ed.2d 765 (1987); Stamatakis Industries, Inc. v. King, 965 F.2d 469, 472 (7th Cir.1992). Consequently, when a firm buys its inputs from a monopolist at a monopoly price, we may be fairly certain that it had little choice in the matter.3 The indirect purchaser, in turn, pays some portion of the monopoly overcharge only because the previous purchaser was unable to avoid that overcharge. The homeowner in the example given by the Third Circuit pays some part of the monopoly overcharge for paint only because the housepainter was unable to obtain his paint at a competitive price, just as the bread buyer in Landes and Posner's example pays some part of the monopoly overcharge for the oven only because the baker was unable to obtain a competitively priced oven. The breakdown in competitive conditions occurs in transactions at least once removed from the indirect purchaser.
The monopoly overcharge exacted by the monopolist generally injures both those who deal directly and those who deal derivatively with the monopolist. As Judge Posner has explained, "The optimal adjustment by an unregulated firm to the increased cost of the input [i.e., the monopoly overcharge] will always be a price increase smaller than the increase in input cost[.]" State of Illinois ex rel. Hartigan v. Panhandle Eastern Pipe Line Co., 852 F.2d 891, 894 (7th Cir.1988)(en banc ), cert. denied, 488 U.S. 986, 109 S.Ct. 543, 102 L.Ed.2d 573 (1988), overruled on other grounds by Illinois v. Panhandle Eastern Pipe Line Co., 935 F.2d 1469 (7th Cir.1991); Stamatakis, 965 F.2d at 472. Only rarely will a firm be able to pass on the entire amount of a monopoly overcharge to its customers. See Panhandle Eastern, supra. In the usual case, both the firm and its customers will bear some portion of the overcharge, and thus both will suffer injury from the antitrust violation. See Hanover Shoe, Inc. v. United Shoe Machinery Corp., 392 U.S. 481, 489-93, 88 S.Ct. 2224, 2228-32, 20 L.Ed.2d 1231 (1968); Illinois Brick, 431 U.S. at 731-33, 97 S.Ct. at 2067-68.
Precisely what part of the overcharge will be borne by the direct purchaser, and what part will be borne by the indirect purchaser, is "an example of what is called 'incidence analysis,' and is famously difficult." In re Brand Name Prescription Drugs Antitrust Litigation, 123 F.3d 599, 605 (7th Cir.1997), cert. denied, 522 U.S. 1153, 118 S.Ct. 1178, 140 L.Ed.2d 186 (1998); see also Illinois Brick, 431 U.S. at 740-44, 97 S.Ct. at 2071-74; UtiliCorp United, Inc., 497 U.S. at 206-09, 110 S.Ct. at 2811-13; Landes & Posner, Economic Analysis of Illinois Brick, 46 U.Chi.L.Rev. at 619-20. If both direct and indirect purchasers were allowed to sue for damages, the courts would be faced with the "famously difficult" task of apportioning the payment of overcharges between direct and indirect purchasers. The alternative is to allow duplicative recovery, which the Supreme Court also disapproves of and the avoidance of which constitutes another rationale for the direct purchaser rule. See UtiliCorp United, 497 U.S. at 212, 110 S.Ct. at 2814-15; Southwestern Bell Telephone Co. v. FCC, 116 F.3d 593, 597 (D.C.Cir.1997).
The Supreme Court has declined to involve the federal courts in such an analysis, except in very limited circumstances, explaining that "[t]he direct purchaser rule serves, in part, to eliminate the complications of apportioning overcharges between direct and indirect purchasers." UtiliCorp United, 497 U.S. at 208, 110 S.Ct. at 2813; see also In re Brand Name Prescription Drugs Litigation, 123 F.3d at 605; In re Midwest Milk Monopolization Litigation, 730 F.2d at 530. While the Supreme Court has recognized that the "economic assumptions underlying the Illinois Brick rule might be disproved in a specific case," 497 U.S. at 217, 110 S.Ct. at 2817, the Court also has made it plain that it considers it an "unwarranted and counterproductive enterprise to litigate a series of exceptions." 497 U.S. at 217, 110 S.Ct. at 2817.
None of the limited circumstances that might warrant avoidance of the direct purchaser rule exist here. There is no "cost-plus" contract, see Hanover Shoe, 392 U.S. at 494, 88 S.Ct. at 2232, no allegation that the indirect purchasers own or control the direct purchasers, see In re Brand Name Prescription Drugs Litigation, 123 F.3d at 605, and no proper allegation that the direct purchasers have conspired with or otherwise been party with Ticketmaster to any antitrust violation.4 Since the direct purchaser rule applies in this case, the question becomes whether the plaintiffs are direct or indirect purchasers of Ticketmaster's services.
The plaintiffs contend that they are direct purchasers of "ticket distribution services" from Ticketmaster, primarily because they pay directly to Ticketmaster distinct service and convenience fees. However, like the Third Circuit, we do not find billing practices to be determinative of indirect purchaser status. See McCarthy, 80 F.3d at 853 n. 18 (noting that "even if a separate charge for gasoline were assessed [to a taxi passenger], the taxi passenger still could not be considered a direct purchaser [of gasoline] in any sense."). As the plaintiffs' complaint makes clear, Ticketmaster's exclusive contracts with almost every promoter of concerts in the United States require venues wishing to host concerts to use Ticketmaster for ticket distribution to those concerts. Just like the housepainter and the baker, the complaint alleges that the venues are unable to obtain a necessary input-ticket delivery services-in a competitive market. The plaintiffs' inability to obtain ticket delivery services in a competitive market is simply the consequence of the antecedent inability of venues to do so. Cf. Note, Beyond Economic Theory: A Model for Analyzing the Antitrust Implications of Exclusive Dealing Arrangements, 45 Duke L.J. 1009,1015 (1996)("Ticketing service companies do not compete directly for consumers' business. Instead, [those companies] compete to secure contracts with venues and event promoters for the right to sell tickets to various entertainment events."). As the plaintiff's complaint makes clear, ticket buyers only buy Ticketmaster's services because concert venues have been required to buy those services first. As we explained above, such derivative dealing is the essence of indirect purchaser status, and it constitutes a bar under the antitrust laws to the plaintiffs' suit for damages.
Nor do we agree with the plaintiffs' contention that Ticketmaster's monopoly power is benign, so far as the venues are concerned, simply because Ticketmaster's service fees are collected immediately from ticket buyers. Although the plaintiffs describe these fees as separate from what they call the actual purchase price of concert tickets, it appears clear that the actual purchase price and the cost of the service fees amount to the single cost of attending the concert, regardless of how that cost is divided into actual purchase price and service fees. See Eastman Kodak Co. v. Image Technical Services, Inc., 504 U.S. 451, 495, 112 S.Ct. 2072, 2097, 119 L.Ed.2d 265 (1992)(Scalia, J., dissenting).5 Since the price of the ticket (that is, the actual purchase price plus the service fees) is obviously a price that the market will bear, see U.S. Football League v. National Football League, 842 F.2d 1335, 1357-58 n. 19 (2nd Cir.1988), a venue free from Ticketmaster's domination of ticket distribution would be able to charge that price itself, without having to cede to Ticketmaster a portion of that price in the form of supracompetitive service fees. Cf. Hanover Shoe, 392 U.S. at 492, 88 S.Ct. at 2231 (noting, in the course of disapproving a passing-on defense to antitrust suits, the "nearly insuperable difficulty of demonstrating that the particular plaintiff could not or would not have raised his prices absent the overcharge or maintained the higher price had the overcharge been discontinued."); UtiliCorp United, 497 U.S. at 209, 110 S.Ct. at 2813 (same).
Consequently, we affirm the district court's order dismissing the individual plaintiff's claims for monetary damages under § 4 of the Clayton Act.
Indirect purchaser status does not bar the plaintiffs from seeking injunctive relief under § 16 of the Clayton Act. The concerns of the direct purchaser rule have mainly to do with the complexities of incidence analysis, complexities that do not arise when the courts must consider the propriety of injunctive relief. As Professors Areeda and Hovenkamp explain, "An equity suit neither threatens duplicative recoveries nor requires complex tracing through the distribution chain. There are no damages to be traced, and a defendant can comply with several identical injunctions as readily as with one. Illinois Brick has not therefore barred an indirect purchaser's suit for an injunction." Phillip E. Areeda and Herbert Hovenkamp, Antitrust Law ¶ 371d, at 259 (1995); see also McCarthy, 80 F.3d at 856 (holding that "plaintiffs need not satisfy Illinois Brick 's 'direct purchaser' requirement in order to seek injunctive relief[.]").
The case relied on by Ticketmaster as support for its contention that injunctive relief is unavailable to the plaintiffs, Cargill, Inc. v. Monfort of Colorado, 479 U.S. 104, 107 S.Ct. 484, 93 L.Ed.2d 427 (1986), does not apply to the facts of this case. The Court denied standing to seek injunctive relief to the plaintiff in Cargill because the injury alleged by the plaintiff was nothing more than a reduction in profit resulting from increased competition. See 479 U.S. at 114-15, 107 S.Ct. at 491-92 ("Monfort's [ ] claim is that ․ Excel would lower its prices to some level at or slightly above its costs in order to compete with other packers for market share․To remain competitive, Monfort would have to lower its prices; as a result, Monfort would suffer a loss in profitability[.]"). The Cargill decision reflects the principle that antitrust law provides no remedies for those injured by competition; it does not, as Ticktemaster contends, establish an inflexible rule that no antitrust plaintiff may seek injunctive relief unless he may also seek damages. In fact, footnote six of the Cargill decision explains the different standing requirements under § 16 and § 4 of the Clayton Act, cites to Illinois Brick, and concludes that a party who lacks standing under § 4 may still have standing to seek injunctive relief under § 16. See 479 U.S. at 111 n. 6, 107 S.Ct. at 490 n. 6.
In this case, the pleadings establish anti-trust standing to seek injunctive relief. All of the plaintiffs claim to have purchased tickets from Ticketmaster and claim to have paid the monopolistic service fees. The payment of those fees establishes standing to pursue a claim for injunctive relief.
Finally, the plaintiffs appeal the portion of the district court's order that found that Ticketmaster was not transacting business in Georgia, Washington, or Michigan within the meaning of § 12 of the Clayton Act, the Act's venue provision. See 15 U.S.C. § 22; U.S. ex rel. Thistlethwaite v. Dowty Woodville Polymer, Ltd., 110 F.3d 861, 865 (2nd Cir.1997). Relying on O.S.C. Corp. v. Toshiba America, 491 F.2d 1064 (9th Cir.1974) and San Antonio Tel. Co. v. American Tel. & Tel. Co., 499 F.2d 349 (5th Cir.1974), the district court held that Ticketmaster was not transacting business within those judicial districts because it did not exercise "day to day" control over the operations of its subsidiaries located in those districts. We conclude that the district court applied the wrong legal standard for venue under the Clayton Act.
Section 12 of the Clayton Act provides in pertinent part that "[a]ny suit, action, or proceeding under the antitrust laws against a corporation may be brought not only in the judicial district whereof it is an inhabitant, but also in any district wherein it may be found or transacts business[.]" 15 U.S.C. § 22. In U.S. v. Scophony Corp. of America, 333 U.S. 795, 68 S.Ct. 855, 92 L.Ed. 1091 (1948), the Supreme Court held that the "transacts business" language of § 12 was intended to make "[t]he practical, everyday business or commercial concept of doing or carrying on business 'of any substantial character' [ ] the test of venue." 333 U.S. at 807, 68 S.Ct. at 862. The "highly technical distinctions" that had characterized venue determinations under the previous venue provision, § 7 of the Sherman Act, were to be "sloughed off" by the "practical and broader business conception" embodied in § 12. 333 U.S. at 807, 68 S.Ct. at 861-62; Reynolds Metals Co. v. Columbia Gas System, Inc., 669 F.Supp. 744, 747 (E.D.Va.1987)("[T]he 'transacts business' language of the Clayton Act enlarged the more limited 'found' standard of the Sherman Act.").
When venue is asserted over a parent corporation on the basis of a subsidiary's business activities, the question is whether the parent "exercise[s] sufficient control over its [ ] subsidiary to cause the parent to 'transact business' [in the judicial district] within the special venue provision of the Clayton Act." Tiger Trash v. Browning-Ferris Industries, Inc., 560 F.2d 818, 822 (7th Cir.1977), cert. denied, 434 U.S. 1034, 98 S.Ct. 768, 54 L.Ed.2d 782 (1978). Sufficient control over the operations of a subsidiary renders the subsidiary the instrument, rather than merely the investment, of the parent, and supports the conclusion that the parent is transacting business in a district, despite the formal separation of corporate entities. See Lakota Girl Scout Council, Inc. v. Havey Fund-Raising Management, Inc., 519 F.2d 634, 637 (8th Cir.1975). Sufficient control does not require that the subsidiary be controlled to an ultimate degree by its parent, 560 F.2d at 824, although something more than mere passive investment by the parent is required. 560 F.2d at 823; see also Phone Directories Co., Inc. v. Contel Corp., 786 F.Supp. 930, 939 (D.Utah 1992); Reynolds, 669 F.Supp. at 749. The parent must have and exercise control and direction, 560 F.2d at 823, over the affairs of its subsidiary in order for venue to be proper under § 12.
Day-to-day control of the activities of the subsidiary is not required in order for a parent to be carrying on business of any substantial character within a judicial district. Scophony, 333 U.S. at 807, 68 S.Ct. at 861-62. It is enough if the parent exercises continuing supervision of and intervention in the subsidiaries' affairs, see Chrysler Corp. v. General Motors Corp., 589 F.Supp. 1182, 1200 (D.D.C.1984), especially if the parent exercises its "ability ․ to influence major decisions of the subsidiary which lead or could lead to violations of the antitrust laws." Grappone, Inc. v. Subaru of America, Inc., 403 F.Supp. 123, 131 (D.N.H.1975); Scophony, 333 U.S. at 814, 68 S.Ct. at 864-65 (holding that venue was proper for British corporation in Southern District of New York when British corporation demonstrated a "continuing exercise of supervision over and intervention in [American subsidiary's] affairs.").
In reaching the conclusion that Ticketmaster was not transacting business in Georgia, Washington, or Michigan, the district court relied on the affidavit of Ned Goldstein, Senior Vice President and General Counsel of Ticketmaster, who affirmed that Ticketmaster owns no property and has no bank accounts or offices in Georgia, Washington, or Michigan. Goldstein further affirmed that all the day-to-day operations of the subsidiaries were under the control of the officers of those subsidiaries. While these affirmations may have been enough to resolve the venue issue under the standard applied by the district court, they do not resolve the question under the standard we have explained here. Accordingly, we vacate the district court's venue ruling so that the district court may allow further discovery on the venue issue, as may be appropriate, and reconsider the issue under the appropriate standard.
In conclusion, we affirm the district court's judgment that the plaintiffs lack standing to pursue their claims for damages under § 4 of the Clayton Act. We reverse the district court's ruling that the plaintiffs lack standing to seek injunctive relief under § 16, and we vacate and remand for further proceedings on the issue of proper venue.
The court holds that Illinois Brick Co. v. Illinois, 431 U.S. 720, 97 S.Ct. 2061, 52 L.Ed.2d 707 (1977), precludes these plaintiffs from bringing an antitrust action against Ticketmaster under Section 4 of the Clayton Act, see 15 U.S.C. § 15(a). I respectfully disagree.
The court begins its opinion by attempting to clarify the meaning of the phrase "indirect purchaser" in the antitrust context. Citing Illinois Brick itself, numerous other cases, and several law review articles, the court concludes that "[a]n indirect purchaser is one who bears some portion of a monopoly overcharge only by virtue of an antecedent transaction between the monopolist and [a direct purchaser]." The phrase "antecedent transaction," however, appears nowhere in the authorities relied on, and, in fact, a mere "antecedent transaction" will not turn all purchasers of a monopolized product into indirect purchasers for the purposes of Illinois Brick.
Illinois Brick, 431 U.S. at 727, 97 S.Ct. at 2065, uses the term "indirect purchaser" to mean someone in a vertical supply chain who purchases a monopolized product from someone other than a monopolist. Both the direct and the indirect purchaser will usually suffer some injury as both ordinarily will have to absorb a portion of the monopolist's overcharge. See id. at 746, 97 S.Ct. at 2074-75. Because the Supreme Court in Hanover Shoe, Inc. v. United Shoe Machinery Corp., 392 U.S. 481, 494, 88 S.Ct. 2224, 2232, 20 L.Ed.2d 1231 (1968), had rejected the argument that monopolists could avoid liability to direct purchasers to the extent that those direct purchasers had "passed on" any or all of their markups to indirect purchasers, without Illinois Brick, both direct and indirect purchasers would have standing to sue for the same antitrust injury. Illinois Brick, 431 U.S. at 746, 97 S.Ct. at 2074-75, in the interests of economic and administrative efficiency, holds that only parties who are directly injured may sue for antitrust violations, thus avoiding the need to apportion damages among direct and indirect purchasers, and preventing double recovery (or sextuple recovery under Section 4 of the Clayton Act) when both indirect and direct purchasers sue.
Thus Illinois Brick requires more than a mere antecedent transaction for an antitrust defendant to avoid suit from an "indirect purchaser" under Section 4. Instead, the antecedent transaction must have been one in a direct vertical chain of transactions and it must have resulted in the "passing on" of monopoly costs from the direct purchaser to the indirect purchaser. Illinois Brick, 431 U.S. at 746, 97 S.Ct. at 2074-75. In this case, neither of these conditions is met.
The monopoly product at issue in this case is ticket distribution services, not tickets. Ticketmaster supplies the product directly to concert-goers; it does not supply it first to venue operators who in turn supply it to concert-goers. It is immaterial that Ticketmaster would not be supplying the service but for its antecedent agreement with the venues. But it is quite relevant that the antecedent agreement was not one in which the venues bought some product from Ticketmaster in order to resell it to concert-goers. More important, and more telling, is the fact that the entirety of the monopoly overcharge, if any, is borne by concert-goers. In contrast to the situations described in Illinois Brick and the literature that the court cites, the venues do not pay any portion of the alleged monopoly overcharge-in fact, they receive a portion of that overcharge from Ticketmaster.
An unhappy result of the holding in this case is that it is now likely that no one can bring a Section 4 suit against Ticketmaster in this circuit. The plaintiffs in this appeal (and other similarly situated "indirect purchasers") are the only parties who are actually injured by Ticketmaster's alleged illegal price-fixing, if any. The venues themselves, the parties whom the court seems to favor as candidates for bringing this Section 4 suit, are not injured, and therefore cannot bring an action at all.
For the reasons indicated, I dissent from the judgment in this case.
2. Although direct purchaser issues usually involve a chain of distribution in which a tangible good passes from one purchaser to another, that is not always so. An indirect purchaser can bear some part of the monopoly overcharge for a product even when that product does not pass from the direct to the indirect purchaser. For example, in Landes and Posner's example of the bread buyer, the bread buyer pays a higher price for bread because the baker passes along some part of the monopoly overcharge paid for the oven.
3. The situation may be different when the firm is party to the antitrust violation. Cf. In re Midwest Milk Monopolization Litigation, 730 F.2d 528, 529-30 (8th Cir.1984), cert. denied, 469 U.S. 924, 105 S.Ct. 306, 83 L.Ed.2d 240 (1984); In re Beef Industry Antitrust Litigation, 600 F.2d 1148, 1163 (5th Cir.1979), cert. denied, 449 U.S. 905, 101 S.Ct. 280, 66 L.Ed.2d 137 (1980); McCarthy, 80 F.3d at 854.
4. The plaintiffs do characterize the venues as beneficiaries of and participants in Ticketmaster's unlawful activity, but the plaintiffs have not joined the venues as defendants. In this circuit, an antitrust plaintiff cannot avoid the Illinois Brick rule by characterizing a direct purchaser as a party to the antitrust violation, unless the direct purchaser is joined as a defendant. See In re Midwest Milk Monopolization Litigation, 730 F.2d at 529-31. These consolidated cases are controlled by the law of this circuit, rather than that of the various circuits in which they were first filed. See Temporomandibular Joint (TMJ) Implant Recipients v. E.I. Du Pont De Nemours & Co., 97 F.3d 1050, 1055 (8th Cir.1996)("When analyzing questions of federal law, the transferee court should apply the law of the circuit in which it is located."); see also In re Korean Air Lines Disaster, 829 F.2d 1171 (D.C.Cir.1987), aff'd sub nom Chan v. Korean Air Lines, Ltd., 490 U.S. 122, 109 S.Ct. 1676, 104 L.Ed.2d 113 (1989); but see Cooper, The Korean Air Disaster: Choice of Law in Federal Multidistrict Litigation, 57 Geo.Wash.L.Rev. 1145 (1989).
5. We note that, unlike in the Eastman Kodak case, there are no information costs here that may prevent the plaintiffs from separating out from the total purchase price the actual purchase price and service fee components. See Eastman Kodak, 504 U.S. at 473-74, 112 S.Ct. at 2085-86.
MELLOY, Chief District Judge.