text:
« NYT posits that Dems will benefit, compared to 1994, by "lack of surprise" over voter discontent | Main | A question for EDMO supporters »
In same-sex marriage appeal, Ninth Circuit surprises Beldar with both composition of panel and results
[UPDATE (Wed Aug 18 @ 9:20 p.m.): Most of my speculation in this post is based on an apparently mistaken premise that I shared with other pundits who were speculating about the Perry case — viz, that the granting of emergency relief, like a stay pending appeal, by a Ninth Circuit motions panel would result in the merits of the appeal then being directed to that same panel. See my new post, which expand on the comments in the last updates below regarding Prof. Rick Hasen's comments in the press. — Beldar]
Along with many other legal pundits, I had predicted — not here, but on August 8 and again on August 13 in comments over on Patterico's blog — that the Ninth Circuit would refuse to stay U.S. District Judge Vaughn R. Walker's decision striking down California's "Proposition 8" state constitutional amendment that re-established the exclusivity of opposite-sex marriage there.
Today the Ninth Circuit proved my prediction wrong in a remarkable page-and-a-half order, the operative language of which amounts to less than a dozen sentences — but each of them is significant.
My prediction was not based on my view of what ruling would have been proper under the law — and for the record, let me promptly confirm that I think a stay is entirely appropriate, and that in due course Judge Walker's decision should be reversed and rendered by the appellate courts — but rather upon my admittedly cynical expectations based on my perception of the politics of the particular Ninth Circuit judges who I expected to be on the three-judge panel that would rule on the appellants' stay application: U.S. Circuit Judges Kim McLain Wardlaw, Raymond C. Fisher, and Marsha Siegel Berzon, all Clinton appointees who hail, respectively, from Pasadena, Pasadena, and San Francisco.
Instead, the three-judge panel that actually issued today's ruling comprised U.S. Circuit Judges Edward Leavy, Michael Daly Hawkins, and Sidney Runyon Thomas.
My friend and California/Ninth Circuit practitioner Patterico points out to me by email that these three judges comprise the Ninth Circuit's standing motions panel for August 2010, having been "[pre-]assigned [by the Ninth Circuit Clerk's office, under the administration of the Chief Judge, Alex Kozinski,] to consider ready substantive motions matters" which arise during that month. Every circuit maintains such a panel — emergency motions like this are sometimes purely procedural, sometimes somewhat substantive, but generally amount to "judicial scut-work" most of the time — and the membership of such panels typically rotates automatically, with different members serving every month. (For posterity, since the current page on the Ninth Circuit website listing members of the motions panel for August 2010 will change next month, here's a link to a .pdf capture of that page as of tonight.)
My prior understanding, however, was that the Ninth Circuit — like the Fifth, when I clerked for one of its judges way back in 1980-1981 — would automatically bypass the rotating motions panel when there was a subsequent appeal or emergency motion from a case that had already been heard by a prior Ninth Circuit panel, even if that was just a prior motions panel (as opposed to a panel that had heard a full appeal on the merits from a district court final judgment). Judges Wardlaw, Fisher, and Berzon — who, I assume, were the three members of an earlier motions panel — had heard and denied the earlier stay application last December in connection with Judge Walker's original ruling permitting the trial to be televised. So my assumption (shared by many other legal pundits) was that those same three judges would hear this motion too.
Some other facts that may or may not be, or become, significant:
Judges Leavy and Hawkins are senior status judges. Senior status judges normally don't participate in the internal debate or voting on whether a panel decision should be reheard by the full circuit sitting en banc, which can sometimes affect the internal court dynamics of an appeal as it works it way through the circuit-court level and before it's considered by the SCOTUS.
Judge Leavy was appointed by President Reagan, and Judges Hawkins and Thomas were Clinton appointees, but I don't know much more about them than that and the other very basic information in the Federal Judicial Center's biographical database.
Although the Ninth Circuit is headquartered in San Francisco and appeals from the four Californa federal districts make up the majority of Ninth Circuit cases, there are other western states in the circuit, with circuit judges appointed from each; somewhat improbably, however, none of the three judges on this panel lives in California: Judge Leavy lives in Portland, Judge Hawkins in Phoenix, and Judge Thomas in Billings. Before I learned that they're on the August motions panel, I wondered whether perhaps Wardlaw, Fisher, and Berzon had been disqualified or had recused themselves based on their California citizenship. (FWIW, I don't think such recusal/disqualification is required.)
In addition to staying the effect of Judge Walker's decision, the panel sua sponte — that is, on "its own motion," without anyone connected to the case asking it to — set the case for an expedited appeal, on an accelerated briefing schedule shorter than the default deadlines established by the Federal Rules of Appellate Procedure that had already been applied to this appeal. The panel also announced that no exceptions or extensions are likely to be granted. (This same panel would hear such procedural motions.) And the panel also directed that the appellants "include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing," thereby ensuring that the standing issues will be fully briefed by both sides as part of the consideration of the merits of the appeal.
I'm still looking into this, and will quite possibly have updates to this post depending on what I find.
UPDATE (Tue Aug 17 @ 12:25 a.m.): This is from the Court Structure and Procedures preface to the Ninth Circuit Rules, under section E(4) on "Court Procedures for Processing and Hearing of Cases":
The only exception to the rule of random assignment of cases to panels is that a case heard by the Court on a prior appeal may be set before the same panel upon a later appeal. If the panel that originally heard the matter does not specify its intent to retain jurisdiction over any further appeal, the parties may file a motion to have the case heard by the original panel. Matters on remand from the United States Supreme Court are referred to the panel that previously heard the matter.
This sort of rule is common in both state and federal court systems, and it's intended to promote judicial economy by directing particular cases to judges who may already be "up to speed" on them. It's not unknown for such rules to generate some gamesmanship by the litigants, however, and more rarely, even by judges or clerks' office personnel. Typically if there's any question about how or whether such a rule applies in a given case, the clerk turns for an answer to the chief judge. And the administrative power to make such procedural rulings is, as a practical matter, an important adjunct of a chief judge's power as "first among equals" on any given court.
What's currently before the Ninth Circuit does have a different Ninth Circuit docket number (No. 10-16696) from the proceedings on the trial televising ruling (No. 09-17241), so it's possible that someone in Clerk Molly C. Dwyer's office either never considered directing this stay motion to the earlier panel, or else thought about it and concluded, "Nope, this is not a 'later appeal' from the 'same matter' within the meaning of the rule." Or the Ninth Circuit Clerk's office may have a standing, but (perhaps) unwritten, rule that prior decisions by mere motions panels don't count unless it's for another procedural motion that's from the same stage of an appeal (e.g., also from after a final judgment), such that a prior motions panel ruling from an emergency interlocutory appeal just doesn't qualify for the re-assignment rule.
On the Ninth Circuit's helpful web page accumulating filings from this case, I don't see any separate motion by the respondents (that is, the ssm-proponents who won before Judge Walker) asking for their opponents' stay motion to be assigned back to the same panel that had heard the earlier motions in connection with televising the trial. That might turn out to have been a tactical blunder by Olsen and Boies and their allies, perhaps based on their assumption that the Clerk would make that re-assignment automatically.
As for whether this same motions panel will — by virtue of having ruled on the stay application and, sua sponte, on the briefing schedule — will now be assigned the appeal on the merits, I just don't know the answer to that question. Before today, I would have said "yes" with some confidence. But if the Wardlaw-Fisher-Siegel panel didn't hear the stay application, I'm not sure whether the Leavy-Hawkins-Thomas panel will hear the merits, especially given that two members of the latter are senior status judges.
UPDATE (Tue Aug 17 @ 12:55 a.m.): There was a tip-off as to who the panel would be: On Friday, August 13, there was a short order from the current motions panel — Leavy-Hawkins-Thomas — granting the appellants' motion for leave to exceed the normal page limitations in connection with their stay application. But it's Docket No. 14 in the Ninth Circuit's docket. Even with instantaneous service by email, Olsen, Boies et al. probably did not have had that order in-hand when they prepared and filed their response (which has Docket No. 9 and was e-filed on that same date). I haven't read them yet, but a word-search of the .pdf files indicates that the word "panel" doesn't appear in either their response or the responses filed by their allies fighting the stay (the City & County of San Francisco and, despicably, the California Attorney General).
Others (besides me and Patterico) who had speculated that the Wardlaw-Fisher-Berzon panel would hear the appeal on the merits include Orin Kerr at the Volokh Conspiracy and bmaz at Empty Wheel/Firedoglake. Prof. Kerr added a parenthetical edit, perhaps presciently: "(edit: just to be clear, I mean the Ninth Circuit merits panel, not the motions panel that will hear the stay denial in the next few days)." But if the above-quoted provision of the Ninth Circuit rules didn't even get this stay motion back to the Wardlaw-Fisher-Berzon panel, then why would it get the decision on the merits back to them? And will it even get the case back to the Leavy-Hawkins-Thomas panel?
UPDATE (Tue Aug 17 @ 1:35 a.m.): The Advocate (h/t AllahPundit at Hot Air) quotes representatives from the California AG's office (heh) and the legal teams seeking to overturn the ssm-amendment as saying they won't ask the SCOTUS to overturn the stay. Presumably that also means they won't seek panel or en banc reconsideration of the stay at the Ninth Circuit level either. As for how it's being spun:
"We are very cognizant of the fact that many people wanted to get married as soon as possible, and that's why we so strongly opposed the stay," plaintiffs' attorney Ted Boutrous, who argued the case alongside lead attorneys Ted Olson and David Boies, told The Advocate. "But at the same time, had the stay not been entered, it may have been harder to get such an expedited briefing schedule in the case."
Another legal source, who declined to be named, said that had the ninth circuit ruled against a stay, an appeal by Prop. 8 supporters to the Supreme Court could have been harmful to Olson and Boies's highly strategical [sic] case. "When you have an important constitutional issue, as is the case here, you don't want the first time it comes before the justices to be a high-pressure, high-speed situation," the source said. "You'd rather have it come on a full record and on a schedule where the court has time to consider the issues carefully.
"You don't want this hitting their schedule when it's summer and they're on vacation," the source added.
The spin strikes me as spectacularly weak sauce: Yeah, if the stay had been denied, they might not have gotten an expedited briefing and argument schedule, but in the meantime, thousands of gays would have been getting married. Whether those marriages will later — after SCOTUS review — still be deemed valid can't possibly depend on whether they were entered into solely on the strength of Judge Walker's unstayed ruling or, instead, on the strength of a potential later affirmance of his ruling by the Ninth Circuit on the merits. Boutrous' suggestion that the stay somehow benefits gays wanting to get married in California is simply ridiculous, a particularly unpersuasive example of "well, we really sort of wanted to lose that motion, regardless of what our court filings said." Moreover, even in a "highly strategical case" (which I suppose is one in which you have to be extra careful not to misunderestimate your opponent), if you think that an appellate judge's first instinct would be to go with your side, then you quite possibly might prefer to present the issues to him for the first time in an emergency setting. And the "summer vacation" argument is childish. Whoever made those arguments, even for purposes of spin in the press, was very wise not to agree to be named.
UPDATE (Tue Aug 17 @ 2:15 a.m.): Musing on the significance of the order's concluding sentence and case citation regarding standing, Allahpundit writes (links his):
As of an hour ago, the first weddings were set to start at 5 p.m. on Wednesday; now they won't happen until December at the earliest, with no explanation given of how Walker erred. Presumably they figured there's enough of a chance that Prop 8 supporters will win on appeal that they didn't want to let marriages happen now, only to have to void them later. That's the good news for gay-marriage opponents; the bad news is that two of the three judges here are Clinton appointees and they're clearly quite interested in Walker's argument that Prop 8 supporters lack standing to appeal his decision. Merely postponing the inevitable here?
But if we're debating which tea leaves are strongest and most reliable as predictors, I have a contrary take. The standing issue had already been raised and briefed (albeit in a comparative hurry) by both sides in the stay application and responses. Every appellant has the obligation to demonstrate to the appellate court that it has federal subject-matter jurisdiction and that the appeal meets the other "case or controversy" jurisprudential requirements like standing, ripeness, non-mootness, etc., so there is absolutely no chance that the appellants would have ignored those issues in this case. However, precisely because it's so basic, if even one judge on the panel requested a sentence like this one — even if he simply wanted that briefing in order to confirm his or her preliminary view that there is indeed standing — then whoever drafted the order for the panel certainly would have included it. The sentence requesting this briefing is not the sort of thing anyone would object to including in the order, in other words, and I really don't think it necessarily implies anything important as a result.
Far more importantly: Probability of success on the merits is explicitly made part of the standard of review for stay applications like this one. If you lack standing, your probability of success is zero. Probability of success on the merits is not determinative by itself, but it's very important — easily the single most important factor in most situations. Implicit in the unanimous ruling granting the stay, therefore, is that at least two judges are satisfied — at least for the present preliminary purposes, that being deciding an emergency stay motion — that there is adequate standing. They (or others) might come to a contrary decision later, but that's the decision of at least two of these judges, at least for today. If, by contrast, even two members of this motions panel really seriously thought that the opponents had already made a persuasive case that there's no standing, that should have resulted in the stay being denied. (If only one judge thought there's a serious doubt about standing, he/she might well have decided not to write that up now as a dissent to the stay ruling — such dissents are extremely rare at the circuit court level — but instead to kick that overt discussion on down the road to the panel proceedings on the merits, with the possibility that full briefing may persuade at least one of his/her panel-mates to agree there's no standing, or perhaps with the possibility that it will be an altogether new panel, with three entirely different members, who may hear the appeal on the merits.)
Also, Prof. William A. Jacobson at Le-gal In-sur-rec-tion speculates that the November election results and January office-taking of a new California governor and attorney general might affect the standing issue in a way that will help Prop 8 supporters. He might be right, but I haven't done enough to refresh my recollection and update my knowledge on standing to weigh in on that. When a governor or AG may decide to stop trying to defend the validity (under the federal constitution) of a state statute or state constitutional provision is an interesting mix of constitutional law, civics, and even legal ethics. I didn't disapprove, for example, of the Texas solicitor general's and attorney general's decision not to seek certiorari from the Fifth Circuit ruling striking down Texas' "five-dildo" rule, even though the Fifth Circuit had explicitly created a split between the circuits; but that was after full briefing and a decision on the merits by a Fifth Circuit panel, and after a motion for rehearing en banc had been denied. Morever, millions of Texans had not just voted to confirm the five-dildo rule!
UPDATE (Tue Aug 17 @ 6:15 a.m.): From the NYT's article on the decision (boldface mine):
Richard L. Hasen, a professor of law at the Loyola Law School Los Angeles, said the ruling "takes the heat off the Supreme Court," which was likely to have been asked for an emergency stay by those who support Proposition 8 if the Ninth Circuit had not acted.
But Mr. Hasen added that the stay's putting a halt to any potential marriages did not mean that the Ninth Circuit would necessarily rule in favor of Proposition 8.
"I don't think that the granting of the stay means much, if anything, about how the Ninth Circuit will rule on the merits," he said. "It won't be the same panel deciding the merits as decided the stay motion."
Mr. Hasen added he believed that even supporters of same-sex marriage could see the logic of extending a stay.
I hold Prof. Hasen in high regard, and having clerked for a judge on the Ninth Circuit, he has vastly more experience with that court than I have. (I've only appeared as counsel there once, and that was long ago.) I agree with his first observation, regarding Monday's panel ruling "tak[ing] the heat off the Supreme Court," although the SCOTUS is pretty much used to such heat and it naturally comes with their institutional responsibilities. I wish I knew the exact basis for his assertion that it "won't be the same panel," but I certainly can't dispute that conclusion. And I don't know what to make of his last comment: I think there are excellent reasons for proponents of same-sex marriage to have concluded that as a matter of long-term strategy, it was a mistake to even bring this case, in this fashion, from California at this particular time, in the immediate aftermath of the passage of Prop 8 and with the current composition of the SCOTUS. But (unless the NYT quoted Prof. Hasen out of context), why pretend that this is not a set-back, even a temporary one, for ssm-supporters?
UPDATE (Tue Aug 17 @ 7:10 a.m.): Prof. Hasen's quoted at more length in the LAT (bracketed portion theirs):
Loyola Law School professor Richard Hasen said Monday's order was strategically advantageous for supporters of same-sex marriage, no matter how disappointed many couples may be. If the panel had refused to place a hold on Walker's ruling, the supporters of Proposition 8 were prepared to seek a stay from the Supreme Court. The court is believed to be divided on the question of gay marriage, with Justice Anthony Kennedy considered a swing vote. A vote on a hold might have pushed the justices into taking an early position on the question.
"I think there are strategic reasons why even the most ardent supporter of gay marriage could opt for a stay," said Hasen, an expert on federal court stays. "The concern is that rushing things to the Supreme Court could lead to an adverse result [for supporters of gay marriage.] If this case takes another year to get to the U.S. Supreme Court, there could be more states that adopt same-sex marriage and more judicial opinions that reach that conclusion."
Hasen said the hold "takes the heat" off Kennedy and takes the case "off the front burner for a while."
That makes more sense to me, although I'm not entirely persuaded. The change that ssm-by-judicial-decree supporters would need in the interim is not just another state or two moving into the (so-far quite short) ssm-permitted column, but instead in the occupancy of one of the SCOTUS seats held by Chief Justice Roberts and Justices Scalia, Thomas, Alito, and (possibly) Kennedy.
The LAT leaves unremarked — but I cannot — the cynicism that underlies all this punditry. I'm guilty of it too, but still: How and when, exactly, would the federal Constitution change between now and, say, the five or six months from now during which the Ninth Circuit's expedited proceedings will play out?
UPDATE (Wed Aug 18 @ 9:20 p.m.): As I warned in my update at the top of this post, anyone reading it should also see my newer post for more on Prof. Hasen's statements about an entirely new panel hearing the merits, which I increasingly believe is likely to be the correct prediction.
Posted by Beldar at 12:00 AM in Current Affairs, Law (2010), Politics (2010), SCOTUS & federal courts | Permalink
https://www.typepad.com/services/trackback/6a00d834515edc69e201348641841c970c
Other weblog posts, if any, whose authors have linked to In same-sex marriage appeal, Ninth Circuit surprises Beldar with both composition of panel and results and sent a trackback ping are listed here:
(1) Gregory Koster made the following comment | Aug 17, 2010 2:34:43 AM | Permalink
Dear Mr. Dyer: If you don't mind being a bit of a tour guide:
1. How are chief judges appointed? I thought it was the most senior judge who hadn't taken senior status, but that plainly isn't so.
2. I'm astonished that The One hasn't been able to nominate and confirm any judges to the Ninth. It is the largest Circuit Court.
3. I'll stick with Learned Hand on this issue: "Who cares what anyone says about the Constitution except the Final Five of the August Nine?" At present, that final five equals Kennedy in God-knows-what-mood. It does show the importance of retaking the Senate this fall. Let Scalia, age 74, kick the bucket, allowing The One to nominate someone---well, you can imagine the rest of that nightmare yourself. With a Democratic Senate, that nominee would signal mass suicides in the Red States, even while Harvard Law would chortle with glee at the prospective reign of terror for those unspeakables. With a Republican Senate, it would mean hand to hand warfare, with possibly several nominees defeated, before a squish is finally set on the Supreme Bench, and the reign of terror comes at glacial speed, with glacial weight and destructiveness in its wake, while the Ivies bawl, faster, faster.
5. I'm sorry Prop 8 was ever passed, but I'm even sorrier that yet another tin-pot judicial Messiah decided to overturn it, spitting his chaw of librul brand chewing terbacker in the faces the peasants who voted for it, snickering that of course the greatest deference must be paid to the voice of the people.
6. Jerry Brown's limp performance in this case is not going to help him become Guv this fall. Oh sure, the coastal ninnies will warble for him, their warbles having a distinct tremolo from all that medicinal pot they've been inhaling prior to voting. But the 52% that passed Prop 8 may be a wee bit less lyrical. That'll be his reward for what you rightly call despicable. Not to worry: when The One heaves Eric Holder under the bus (which now needs demolition derby truck tires to touch the ground) ol' Jer will get that long deferred crack at DC that he's pined for.
Gregory Koster
(2) Beldar made the following comment | Aug 17, 2010 3:36:51 AM | Permalink
Mr. Koster:
(1) Re chief judges of circuit courts of appeal, 28 U.S.C. § 45(a)(1) provides:
The chief judge of the circuit shall be the circuit judge in regular active service who is senior in commission of those judges who—
(A) are sixty-four years of age or under;
(B) have served for one year or more as a circuit judge; and
(C) have not served previously as chief judge.
Judge Kozinski, born in Romania in 1950 and appointed to the Ninth Circuit in 1985 (as then the youngest circuit judge in the country), has more seniority than any other member of the Ninth Circuit who hasn't already turned 65 or taken senior status.
(2) The Senate has been slow to confirm circuit court nominees of presidents of both parties for many years. I think that's unfortunate. But I have no sympathy for Obama in particular, who I think forfeited any expectations of comity or deference or even alacrity from the Senate based on his own actions, statements, and votes when he was, briefly, among its members.
(3) How Kennedy ultimately votes is likely to be more important than anything that could happen in the Ninth Circuit, but there are some scenarios in which the Ninth Circuit -- either en banc or through a panel ruling that survives an en banc challenge -- reverses Judge Walker and the Supreme Court denies cert. For a variety of reasons, that's actually the scenario I'd most like to see play out. The model is probably SVREP v. Shelley, in which I believe Judge Kozinski (even though not yet chief judge) masterfully maneuvered the Ninth Circuit out of a national embarrassment and the losing side didn't even seek SCOTUS review.
(4/5) I oppose Judge Walker's ruling, as I generally oppose judicial imposition of same-sex marriage. As I've explained elsewhere:
As a policy matter, I support same-sex marriage; but also as policy matters, I'd make it quite a bit harder to get married, a whole lot harder to get divorced, and more rewarding (via tax credits) to raise children over a sustained period in a two-married-parents home. Those views are exceptions to my generally libertarian outlook, in which I generally want the state and federal governments to stay out of private life decisions and affairs, and they're keyed directly to the state's interest in protecting children and promoting child-rearing. I would hate to see any of these policies imposed, though, by activist judges. And I genuinely do respect, and hope I always show genuine respect, to those with more traditional policy views; I don't think they're irrational, but just that on balance, they're probably wrong.
(6) I'm not ready yet to venture any predictions about how Brown will fare in the November elections, but I agree that he's a sorry excuse for a state attorney general. Given his prior performance in other California offices, that's hardly a surprise.
(3) Gregory Koster made the following comment | Aug 17, 2010 10:59:04 AM | Permalink
Dear Mr. Dyer: 1. Thanks for the USC cite. It was section "(A)" that threw me.
2. I was surprised about no confirmed nominees for the Ninth because other circuits (the Second for example) have gotten new judges. Given that section "(A)" makes it important for a Prez to get young judges on the bench early, so the very important chief judgeship can be filled by a Prez's choice in later years, I'm surprised that The One hasn't pushed harder. To use the present example: however much we admire Scalia, Ronald Reagan did great service to the nation when he got Alex Kozinski on the 9th Circuit in 1985, as your SYREP link showed.
3. Ted Olsen's conscience needed (and needs) a big dose of sedatives. Can't he see that he's driving gay marriage down the same road Brennan & Co drove abortion? Think of the split that ROE has forced on the country, and even worse, on the nomination and confirmation of federal judges. ROE continues to suck way too much oxygen out of confirmation hearings. The better precedent was in women's suffrage. Various states allowed women to vote in different ways (e.g. some states allowed women to vote in primaries, others in presidential elections, and others went the whole hog and let women vote as men did) for almost fifty years before the 19th Amendment came through. To be sure, this was hard on the women in the states who couldn't vote at all, and from our 2010 viewpoint, looks idiotic. But once the 19th was enacted, women's suffrage was accepted by the citizenry in general in a way that abortion never has been. Gay marriage is on the abortion path. I also Judicial fiat allows the legislatures to avoid the tough issues. Not for nothing are legislatures considered the "people's branch" of government in a way that the Judicial and Executive are not. Something is wrong with a nation's culture when legislatures can futz around with trying to dictate how many servings of veggies we must eat every day, while ducking gay marriage. It leads to legislative flabbiness while giving the judiciary and by extension the administrative section of the Executive, too much power with too little oversight.
(4) Larry Brown made the following comment | Aug 17, 2010 2:09:48 PM | Permalink
Isn't having a vested interest in the outcome grounds for recusal?
(5) Mike Myers made the following comment | Aug 17, 2010 11:35:26 PM | Permalink
Mr. Dyer, I'm glad you are back in "action". Your posts, and the comments, on this blog are always interesting.
(6) Mike Fox made the following comment | Aug 27, 2010 12:58:34 AM | Permalink
Dear Beldar,
I, too, am glad you're back in action.
I've known Judge Ed Leavy since 1974, when he was a Lane County, Oregon, Circuit Judge. He was one of the finest trial judges any lawyer would want to encounter, as a state judge, and as a federal magistrate and then as an Article III judge. Unlike a lot of 9th Circuit types, he's a straight shooter. He was a FISA Court of Appeals judge and was part of the panel that ruled on a critical War Powers case. If you want to determine how he thinks, perhaps you should examine that case. If my memory serves me, it was either the first or the second case decided by the FISA appeals court.
Ed grew up on a hop farm near Champoeg in the northern Willamette Valley.
I, too, would be interested in seeing if Ed is on the 9th Cir. panel that rules on the Perry case. Let's just say that Judge Leavy knows a finding of fact when he sees one!


Began work as an asbestos and lead abatement supervisor in 1987. At UC Berkeley, has performed assessment, abatement, and demolition work of all kinds. Instructed and helped develop hands-on workshops in UC Berkeley's Asbestos and Lead Training program from 2008-2016.


text:
Gloucester's High Cross
Posted on 3 January 2016 by admin
Every year, on New Year's Eve, young and not-so-young Gloucester residents gather at 'The Cross' to celebrate the coming of the New Year. The vast majority of them believe that The Cross is so-named because it is where the four 'Gate' streets meet in the middle of the city. Not so! It is named after the original stone memorial cross that stood at the junction for hundreds of years.
Alta Crux 1455
Known as the High Cross or Alta Crux, it began its life as far back as the 13th century. In a rental compiled in 1455 (Gloucestershire Archives reference: GBR J5/1) there is a sketch of the cross as it was in the 15th century, showing how the lower section had been adapted with pipes to supply water to the city centre, brought from Robinswood Hill.
It is believed that the Cross was rebuilt during the reign of Henry VII and again during the reign of his son, Henry VIII.
By the eighteen century, the memorial stood nearly 35 feet tall; the edifice was octagonal in shape at the base and, above that it consisted of two sections plus a steeple. The lower section held the water pipes whilst the upper of the two sections held statues of previous sovereigns of England. They were of King John, Henry III and Eleanor his wife, Edward III, Richard II, Richard III, Elizabeth I and Charles I.
A more impressive, more recent image of the High Cross graces the wall at Gloucestershire Archives. It shows an engraving made by George Vertue after a sketch by T. Ricketts.
This magnificent piece of sculpture stood proudly in the centre of Gloucester until 1751, when it was considered to be a nuisance to passing traffic. A small item in the Gloucester Journal dated 5th November 1751 states:
This week was taken down, for better Conveniency of Carriages, our ANTIENT CROSS, round which were the Effigies of several of our illustrious Kings and Queens; of which curious Pieces of Antiquity particular Draughts have, however, been taken by the Famous Mr Rickets of this City, pursuant to an Order from the Society of Antiquities in London, to whom they are sent that they may be preserv'd to latest Posterity.
A rarely-accessed treasure recently surfaced during my research at Gloucestershire Archives. It took the form of a small book, handwritten in the 1750s by Samuel Gwinnett, junior. His father, the Reverend Samuel Gwinnett, was the vicar of Down Hatherley near Gloucester but also the curate of St. Nicholas Church in Westgate Street. Hence, young Samuel was very familiar with the centre of the city.
Whilst at University in Oxford, Samuel, junior, had written a series of poems, many to a young woman he called 'Celia of Gloucester', obviously the love of his life at that time. Tucked amongst these poems was one relating to the destruction of Gloucester's High Cross, as follows.
On Our Worthy Corporation of
Gloucester's pulling down the Cross
venerable with the statues of our old kings
upon his majesty's Birthday.
When factions banish'd Quiet from the Plain
And wild Disorder shook a Stewart's Reign
Gotham's rude Sons, for Civil Discord fam'd
At Monarch Sway with deadly rancour teem'd
Nor ceas'd to thunder with Rebellion's Tongues,
'Till Charles's Blood assuag'd their groundless Wrongs.
Republic Maxim's did their bosoms fire,
And still the Youngkling apes his Patriot Sire.
For tho' each Burgher round the Festive Bowl
To Thee, Great George! May pledge his drunken soul;
Yet should black Clouds arise, & strike at Kingly Power
To distant Climes thy tender Offspring drive,
Nor let one Mark of Royalty survive!
For while in gaudy Pomp & rich Array,
Brittania joyous hails thy Natal Day:
While Laureate Cibber's in Bastion Rhimes
Applauds the Blessings of the present Times!-
With impious hands lo! Gotham's Senate dare
Deform those Busts, that Regal Badges wear.
Blush! Blush! Nor thus your Zeal to Kings proclaim; –
For who at once reveres & stabs a name?
Samuel Gwinnett, junior, c.1751
G.A. Reference: D9125/1/5344
This entry was posted in Gloucester, Gwinnett by admin. Bookmark the permalink.

redpajama_set_name: RedPajamaCommonCrawl


text:
Camera IconUnion members protest on Hay Street, Perth, last year. Credit: Simon Santi
No room for thugs in Aussie workplace: van Onselen
Peter van OnselenPerthNow
Peter van OnselenWA News
WEST Australians well know the militant nature of the CFMEU, having witnessed first-hand the sort of thuggery that goes on at building sites around the State.
With the exception of Victoria, the power and influence of the union is greater here than anywhere else around the country.
While nobody could call me a stooge of the union movement, I do see an important role for unions in our modern society.
This is especially so in the context of a growing part-time and casual workforce that misses out on employee rights once regarded as set in stone.
It's unfortunate the union movement is becoming narrower and smaller as a representative body for working-class Australians.
One of the reasons it is becoming more narrow is the sometimes unnecessarily militant nature of some officials.
The head of the Construction, Forestry, Maritime and Energy Union, John Setka, inadvertently supported this reality when he gave an interview claiming that breaking the law is a core ingredient in his union's success.
Perhaps that's true at a micro level, in terms of assessing victories on a case-by-case basis.
But even if you can forgive the damage to business practices such an attitude in the union movement fosters, it turns the public off.
The consequence?
Less sympathy for unions and fewer people joining unions they see as too radical.
This is a bad thing for working-class Australia, which doesn't have the clout to stand up to employers on an individual basis.
To be sure, the dropped criminal charges against Setka by the Victorian director of public prosecutions is highly embarrassing for the Turnbull Government.
The coalition has long spruiked the importance of its expensive royal commission into the union movement, which didn't lead to much by way of follow-up charges against officials and unions.
Charging Setka really was one of the main outcomes, but it turns out the case against him was so flimsy that it had to be dropped before even getting to trial.
But such failure by the Government doesn't justify a union leader claiming that breaking the law is a fair and reasonable part of doing business.
It rarely is.
Well-known Australian philosopher Peter Singer's first book was a study of when civil disobedience is acceptable — that is, the rights of citizens to break the law.
The conclusions included that it was only right when reasonable avenues to change laws had been thwarted and the laws were unjust and even discriminatory.
Such justifications for breaking the law are not present now for the CFMEU — it's just doesn't like the laws it is bound by.
Labor's Fair Work Act is generous to unions and the Liberals have done little to overturn it.
The union movement has a direct line into one of Australia's major political parties, Labor, and that party is in power in the two States the CFMEU is most powerful — WA and Victoria. And Labor looks set to soon return to power federally.
Setka can bask in the glory of the dropped charges against him, after which he should pull his head in and get on with representing the best interests of his members.
MORE INFOThe South32 Rottnest Channel Swim is back for 2022!


text:
The Latest: Michigan State-Virginia hoops postponed
AP-Sportlight-Week Ahead
By The Associated Press Aug. 13, 2020 11:38 AM EDT
Aug. 20 1921 — Molla Bjurstedt Mallory beats Mary Browne, 4-6, 6-4, 6-2 to win the U.S. women's national tennis title at the Germantown...
The Latest: Dodgers CF Pollock considered skipping season
July 22 1921 — Jim Barnes wins the U.S. Men's Open golf championship by edging Walter Hagen, Leo Diegel, Jock Hutchinson and Fred McLeod. ...
Day trippers: Familiarity key for drivers at Kentucky oval
By Gary B. Graves Jul. 11, 2020 02:23 PM EDT
The Latest: D-Backs' Guerra returns after negative test


text:
Llista de colònies, protectorats i dependències principalment europees (però també nord-americanes i dels propis estats asiàtics) d'Àsia:

 Turquia
 Antalya italiana (Adàlia)
 Cilícia francesa
 Hatay
 Districte grec d'Esmirna
 República del Caucas Sud-occidental
 Zona Internacional dels Estrets
 Emirat de Soran
 República de l'Ararat
 Armènia Occidental
 Pera i Galata
 Síria
 Síria i Mont Líban
 Mandat francès per Síria i el Líban
 Mandat francès de Síria
 Estat d'Alep
 Territori dels Alauites
 Estat de Damasc
 Estat dels Alawites
 Estat de Latakia
 Hauran
 Djebel Drus (Hauran i Souaïda)
 Federació Siriana
 Estat de Síria
 República Siriana (francesa)
 Alts del Golan
 Líban
 Mont Liban
 Mandat francès per Síria i el Líban
 Mandat de Gran Líban
 República Libanesa (francesa)
 Israel
 Palestina britànica
 Jordània
 Govern Moabita
 Iraq
 Mossul
 Kurdistan
 Zona neutral Iraq-Aràbia Saudita
 Aràbia Saudita
 Zona neutral Iraq-Aràbia Saudita
 Zona neutral Kuwait-Aràbia Saudita
 Iemen
 colònia d'Aden
 Perim
 Kuria Muria
 Kamaran
 Illes Hanish
 Federació d'Aràbia del Sud
Emirat haiximita de Beihan
 Emirat amiri de Dhala
 Xeicat dels qutaibi (dependents de Dhala, però fora de la federació)
 Sultanat awdhali de Zara
 Sultanat fadli de Zinjibar
Sultanat yafi de Jaar (Baix Yafa)
 Sultanat awlaqi de Nisab (Alt Awlaqi)
 Sultanat abdali de Lahej
 Sultanat awlaqi d'Ahwar (Baix Awlaqi)
 Estat de Dathina
 Estat d'Aden
 Sultanat hawshabi de Musaymir
 Xeicat aqrabi de Bir Ahmad
 Sultanat wahidi de Bal Haf (amb sobirania sobre els soldans wahidi de Bir Ali i d'Habban)
 Xeicat saqladi de Shaib
 Xeicat alawi d'Al-Qasha
 Xeicat de Muflahi
 Xeicat ma'an de Yashbum (xeicat d'Alt Awlaqi)
 Sultanat yafi de Mahjabah (Alt Yafa)
 Xeicat d'Hadhrami o Hadrami
 Xeicat de Busi
 Xeicat de Dubi
 Xeicat de Mawsata
 Protectorat d'Aràbia del Sud
 Estat Quaiti d'Hadramaut (Shihr i Mukalla)
 Estat Kathiri d'Hadramaut (Seiyun)
Estat Banu Afrar de Mahra (Qishn)
Sultanat wahidi de Bir Ali
Xeicat dhiebi d'Irqa
Xeicat dhiebi d'Hawra
Sultanat wahidi d'Habban
Sultanat wahidi d'Azzan
 Sultanat wahidi de Bal Haf
 Sultanat de Bal Haf i Azzan
 Xeicat abdali d'al-Hawtah
 Socotora
 Oman
 Mascat
 Zufar
 Gwadar
 Ras Musandam
 Imamat d'Oman
 Oman i Mascat
 Emirats Àrabs Units
 Trucial Oman
 Costa dels Pirates
 Illes Tunb
 Abu Musa
 Bahrain
 Colònia portuguesa de Bahrain
 Bahrain persa
 Protectorat de Bahrein (britànic)
 Qatar
 Protectorat de Qatar
 Kuwait
 Protectorat de Kuwait
 Zona neutral Kuwait-Aràbia Saudita
 Iran
 Muhammara
 Azadistan
 Azerbaidjan autònom
 República kurda de Mahabad
 Pèrsia sota influència britànica i russa
 Iran sota influència britànica i soviètica
 Gilan
 Afganistan
 Emirat de Kabul
 Emirat de Herat
 Emirat de Kandahar
 Emirat de Gazni (1879-1880)
 Protectorat de l'Afganistan
 Hazaradjat
 Badakhshan
 Pakistan
 Índia Britànica
 Balawaristan
 Baltistan
 Caixmir
 Gwadar
 Índia
 Companyia d'Ostende
 Companyia Anglesa de les Índies Orientals
 Companyia Francesa de les Índies Orientals
 Companyia Britànica de les Índies Orientals
 Índia Danesa
 Índia Holandesa
 Índia Francesa
 Índia Portuguesa
 Índia Britànica
 Coch Behar
 Manipur
 Tripura
 Sikkim
 Amindives
 Laquedives
 Minicoy
 Andaman i Nicobar
 Andaman
 Nicobar
 Nepal
 Protectorat del Nepal
 Regne de Mustang
 Butan
 Protectorat del Butan
 Bangladesh
 Bengala britànica
 Chittagong Hill Tracts
 Myanmar
 Birmània britànica
 Estats Xan
 Estats Xan Septentrionals
 Hsipaw
 Monglong
 Hsum Hsai
 Mongtung
 Taupeng (Tawngpeng)
 Hsenwi (Hsenwi del nord)
 Kokang
 Hsenwi del sud (Mongyai)
 Manglun o Manglon
 Mo Thai
 Maw Hpa
 Mang Hsen
 Negekting
 Mongmit
 Estats i sub-estats Xan Meridionals
 Heho
 Hopong
 Hsamongkham
 Hsatung
 Hsawnghsup
 Kamaing
 Kehsi Mansam
 Kengkham
 Kenglon
 Kengtawng
 Kengtung
 Kyakku
 Kyone
 Laikha
 Lawksawk
 Loilong
 Loimaw
 Lonpo
 Maw
 Mawkmai
 Mawson
 Monghsu
 Mongkawng
 Mongkung
 Mongnai
 Mongnawng
 Mongpai
 Mongpan
 Mongpawn
 Mongping
 Mongsit
 Mongyawng
 Myelat
 Myosa
 Namhkai
 Namhkok
 Namtok
 Naungpalam
 Nawngwawn
 Ngwegunhmu
 Pindaya
 Pinhmi
 Pongmu
 Putao
 Pwela
 Sakoi
 Samkha
 Saofa
 Singaling Hkamti
 Taunggyi
 Tigit
 Wanyin
 Wuntho
 Yawnghwe
 Yengnan
 Katxin
 Karen
 Karenni
 Xin
 Mon
 Arakan
 Sri Lanka
 Colònia portuguesa de Ceilan
 Colònia holandesa de Ceilan
 Colònia britànica de Ceylon (Ceylan)
 Malàisia
 Johore
 Kedah
 Kelantan
 Labuan
 Malacca
 Malaca portuguesa
 Malaca holandesa
 Negri Sembilan
 Gemas
 Gemencheh
 Inas
 Jelebu
 Jempol
 Johol
 Klang o Kelang
 Naning
 Ulu Muar o Muar
 Ulu Pahang
 Rembau
 Segamat
 Gunung Pasir
 Sunjei Ujong
 Sri Menanti o Jelai
 Teraci
 Tampin
 Pahang
 Penang
 Perak
 Perlis
 Borneo del Nord
 Companyia Britànica de Borneo del Nord
 Colònia de Borneo del Nord
 Sarawak
 Regne de Sarawak
 Colònia de Sarawak
 Selangor
 Trengganu
 Estats Malais Federats
 Estats Malais No Federats
 Unió Malaia
 Federació de Malaia o Federació Malaia
 Singapur
 Colònies de l'Estret
 Colònia de Singapur
 Tailàndia
 Lanna (Chiang Mai)
 Lampang
 Lamphun
 Chiang Saen
 Phrae
 Nan
 Mae Hong Son
 Patani
 Songkhla
 Indonèsia
 Illes de les Espècies
 Amboina
 Companyia Holandesa de les Índies Orientals
 Nova Guinea Holandesa
 Illes Cocos (Keeling)
 Illa Christmas
 Laos
 Lan Xan
 Regne de Luang Prabang (protectorat)
 Regne de Vientiane
 Champasak
 Xiang Khuang
 Cambodja
 Protectorat de Cambodja
 Vietnam
 Tonkin i Annam
 Imperi d'Annam
 Protectorat d'Annam
 Virregnat de Tonkin
 Champa
 Pulo Condor
 Cotxinxina
 Cotxinxina francesa (colònia de Cotxinxina)
 República de Cotxinxina
 Indoxina francesa
 Vietnam Francès (Estat de Vietnam)
 Illes Paracels
 Illes Spratly
 Filipines
 Colònia de les Filipines
 Sultanat de Jolo (Sulu)
 Sultanat de Maguindanao
 Xina
 Ferrocarril de la Xina Oriental
 Ferrocarril del Sud de Manxúria
 Hong Kong
 Kiaochow
 Kulangsu
 Kouang Tchou
 Kwantung
 Macau
 Shameen
 Concessió internacional de Xangai
 Concessió francesa de Xangai
 Concessió de Tientsin
 Weihaiwei
 Manxukuo
 Meng Chiang
 Kaixgària
 Sinkiang
 Tibet
 Taiwan
 Colònia de Formosa
 Colònia de Fort Zelàndia
 Mongòlia
 Província xinesa de Mongòlia
 Corea
 Cheju
 Sinuiju
 Japó
 Deshima
 Regne de Ryu Kyu
 Karafuto
 Illes Kurils
 Okinawa
 Senkaku
 Bonin
 Volcano
 Iwo Jima

Llistes de geografia
Colònies

redpajama_set_name: RedPajamaWikipedia


text:
Madison County unveils Weathernet to improve storm, tornado warnings
Ray Garner
Photo left to right: Huntsville Utilities, Joe Gehrdes; Chairman Madison County Commission, Dale Strong; CEO Baron Institute, Bob Baron (Ray Garner/YHN)
A new weather system is being put in place to provide improved weather detection of severe storms and tornadoes across Madison County.
The Baron Critical Weather Institute High Density Weathernet was unveiled by Madison County Commission chairman Dale Strong at a recent news conference. The commission provided funding of $100,000 for equipment to put 14 sensors and cameras across Madison County.
Chairman Strong said the Weathernet is part of an innovative alert system developed in Madison County. "Huntsville and Madison County are leaders in technology throughout the nation. The Baron Critical Weather Institute Weathernet will provide 10 second updates of critical weather information and images of the sky across the county."
Strong said the institute will benefit many people including the Madison County Emergency Management Agency and Madison County E-911.
STEM programs in 3-D printing at The University of Alabama in Huntsville and The Boys and Girls Clubs of North Alabama are assisting the Baron Institute in production of the sensors and cameras. The network has had substantial usage by first responders during the past two winter events.
The network consists of nine sensor and camera locations: Cummings Research Park, the Huntsville International Airport, Madison, New Hope, Gurley, New Market, Monte Sano, as well as Green Mountain and Rainbow Mountain. An additional five sensor only locations are located throughout Madison County as a part of a cooperative arrangement with Alabama Department of Transportation, Madison County Emergency Management Agency, and Madison County E-911. Huntsville Utilities partnered with the institute in site selection, installation, and maintenance.
The High Density Weathernet is part of the Institute's effort to develop the Baron Institute Alabama Weathernet across Alabama. Live views of both data and images are available to the public at no cost on www.baroninstitute.com or on the Alabama Safety-Net app.
Bob Baron, CEO of the Baron Institute, said it's committed to installing at least one sensor for free in each Alabama county. However, it wants other counties to cooperate to create a weather network and help the community really benefit.
"The Weathernet is a continued effort to make sure Madison County has the best technology possible," said Chairman Dale Strong. "This is about economic development, because when we bring young professionals and new people to the community, we want to give the best tornado and severe thunderstorm warnings that we possibly can. This right here is a nominal investment to make our community a safer place to live."
Ray Garner is a contributing writer to Yellowhammer News.


text:
Home > Academics > Graduate Program > Admissions > Admissions FAQ
Frequently Asked Questions about Admission to the Graduate Program
The following items are required for a complete application:
ApplyTexas Application (must be submitted on-line)
Statement of Purpose essay (may be submitted with the application or separately)
Three (3) letters of recommendation
Official transcript from each institution of higher education attended
Official scores from the Graduate Record Examination (GRE) from a test date within five years of the date that the application reached the TAMU Office of Admissions and Records
Official scores from the Test of English as a Foreign Language (TOEFL) from within the last two years from applicants whose native language is not English, with the exception of those applicants completing all four years of a baccalaureate degree in the United States or achieving a 400 Verbal GRE.
Q: What is the deadline for submitting an application?
A: We continue to accept applications until positions are filled. For priority deadlines, visit our deadline page
Q: Are applications accepted for the spring or summer semesters?
A: No. Because of the structure of our first-year graduate program, the Department of Biochemistry & Biophysics only accepts applications for the fall semester.
Q: How much is the application fee?
A: The application fee is currently waived by the department.
Application Review Process Questions
Q: On what basis are the applications evaluated?
A: Applications are evaluated on the basis of the applicant's coursework, grades, letters of recommendation, and performance on the GRE and TOEFL tests. Each application is reviewed on an individual basis.
Q: What prerequisite coursework is recommended?
2 semester course in Biochemistry
1 semester course in Molecular Genetics
2 semesters of Organic Chemistry
1 semester of Physics
1 semester of Calculus
Students lacking any of these prerequisites will likely be required to enroll in the necessary course during the first year.
GRE and TOEFL Questions
Q: Is the Graduate Record Examination (GRE) required?
A: Yes, the official GRE test scores must be from a test date within five years of the date that the application form reached the TAMU Office of Admissions and Records.
Q: Are GRE subject tests required?
A: Only the GRE general test is required.
Q: Whom does the applicant contact regarding official test scores?
A: Official test scores are sent to the Texas A&M University Office of Admissions by Educational Testing Service(ETS). ETS does not send the scores directly to the Department of Biochemistry & Biophysics. Contact:
Office of Admissions at 979-458-5137 or 979-458-5131
Q: Where should official GRE and TOEFL test scores be sent?
A: Texas A&M University (Code 6003). Test date within five years of the date that the application reached the Office of Admissions. The University does NOT accept photocopies of GRE and TOEFL score reports.
Q: Do I need to submit official transcripts?
A: Yes, official transcripts from every senior-level post-secondary institution attended. Transcripts issued in a language other than English must be accompanied by an official English translations sent directly from the institution attended or from a recognized translator are considered official. Photocopies or other duplications of a transcript, such as notarized copies and faxes are not considered official.
Financial Assistance Questions
Q: What type of funding is available for incoming students?
A: Students admitted to our Ph.D. program are paid either on an assistantship or a fellowship for as long as they remain in good standing. This support includes a stipend plus medical insurance benefits and eligibility for in-state tuition after the first year. There usually is no need for additional financial assistance. Stipends for graduate students in the Department of Biochemistry are $30,000 plus coverage of tuition and required fees.
Basic Requirements Questions
Q: Does the program require an applicant to have a master's degree before pursuing a Ph.D. degree?
A: No, a master's degree is not required before pursuing a Ph.D. degree.
Q: Do you admit students who are only interested in getting a master's degree?
A: Most, if not all, our graduate students are admitted into the Ph.D. program. Very rarely do we accept students who only want to pursue a master's degree. Some students already have a master's degree, while many have only a bachelor degree before beginning their studies here at Texas A&M University.
Q: Do you offer a Ph.D. program in biophysics?
A: We only offer a M.S. degree in biophysics. Students who are interested in obtaining a Ph.D. in biophysics pursue a Ph.D. degree in biochemistry with their research emphasis being in the area of biophysics.
Q: How many graduate students are you going to accept next fall?
A: We do not accept a specific number of graduate students into the program each fall. The number of students admitted depends on the quality of the applicant pool and funding.
Q: Who makes the decisions as to who is admitted?
A: The Graduate Recruiting and Admissions Committee, consisting of faculty members in the Biochemistry/ Biophysics Department, make all the decisions.
Q: I would like to contact the faculty whose work I am interested in. Is it possible to contact the faculty before applying?
A: The department's web site has information about the faculty, including contact information.
Q: If admitted, will I be working under a particular professor my first year?
A: Students entering our program usually begin working with their permanent mentor after the first semester, upon completion of the three rotations when a research advisor is assigned.
Q: If I should have additional questions, whom do I contact?
A: For additional information, contact the Graduate Programs Office via email at biobiograd@tamu.edu or by phone at 1-800-482-6246.
Q: What is the Department of Biochemistry's mailing address?
103C Biochemistry/Biophysics Building
2128 TAMU


text:
Issue #248 30 Aug 2009
Newsletter Issue #248: 30 Aug 2009
David Dallas
My showcase at SXSW 09 in Austin Texas. Because it was my first time performing to a hip hop audience in the U.S, and it was really validating to see people were into this music that i made in my room half a world away.
I used to like the old Fu Bar when it was on Queen St. Had some memorable gigs there starting out.
Wouldn't mind seein more of Red Eye Society. The Electric Confectionaires are good, I'd like to see more of them too.
I don't really have anything too bad. One thing that does bum me out that's happened to me a numerous times is gigs where I've gone on stage for a guest verse.. rapped the whole verse, thinkin I'm killin' it. Then come off stage and someone's told me "hey man, I don't think they turned your mic on ay" - wicked.
Smooth, soulful, sincere
What can we expect to see from yourself over the next year?
My debut solo album 'Something Awesome' comes out on August 31st (tomorrow) and the video for my new single 'Big Time' has just come out. I'll be touring and releasing more singles to support that here, and I've got another secret project which I've started work on. That'll be choice. Check www.daviddallas.co.nz if you ever wanna know what I'm up to cause I like to talk.
Remember that no-one owes you anything - not even their time, no matter how good you may think you are. Work at your craft so that when the moment comes that someone does take the time to hear you, your music is undeniable. It'll save you a lot of effort down the track.
David's debut album 'Something Awesome' will be available from all good record stores tomorrow!
Best gigs are always at small, intimate venues where you're up close and personal with the crowd. We get this everytime we play at venues like Hole In The Wall in <?xml:namespace prefix = u1 />Wellington and O'Malleys in Levin. The energy is righteous!
Hole In The Wall (Wellington), great family feeling with the crowd and the boys who run the place. Always a comfortable and energetic place to play!
In Dread Response, They shred the hell out of everyone and are modest and good guys!
When Paul's keyboard blew up in front of Christian hardcore kids that then preceded to tell me it was because God had forsaken me! And when our ex-guitarist slammed his penis in a window. He went to hospital and had stiches. He almost lost it.
How did you come up with the band name No Love Lost?
It was inspired by a song on the first album which expressed the grief over the death of a family member.
LOUD! People say they think of Refused when they see/hear us.
What can we expect to see from No Love Lost over the next year?
Single release for our warm up to the album, a song called 'Whiskey and Dry', New album in April, NZ tour, Australian and European tour alot of drinking and alot of debauchery.
Just be true to yourself, play what you wanna play and make sure you have tonnes of fun doing it!
No Love Lost is Nick Foster (vocals), Blair Pedersen (lead guitar), Paul Lawrence (rhythm guitar), Kier Fitzpatrick (keyboards), Matty Pratley (bass) and Dave McDonald (drums).
The new album from No Love Lost, 'Haemoglobin Rush' is out now!
Tahuna Breaks
Highlife New Years Matakana 08/09. The crowd was big, the P.A. was big, and everyone (ourselves included) were there to party.
It would be a toss up between the Coroglen Tavern and the Piha R.S.A and Piha Surf Club. Coroglen is just a great venue, really nice to play at and people always turn out and have a great evening. Piha is like playing a 'home game', the band played a few shows there in the early days and we try and get back there every year to play.
Liquid Colours – they are an awesome 4 piece funk/soul/r'n'b group from Auckland who are amazingly talented and have big things ahead of them. They have opened for us a couple of times and always blow us away. The Phil Edwards Band are a great up and coming band (featuring our guitarist Tom Charlson) who promise to be another great band.
Wow, embarrassing is something Tahuna do with ease. The top of the list is still probably when we were departing for our first national tour a couple of years ago. The guys got up early on a Tuesday morning to start the drive from Auckland to Christchurch. After being on the road for a few hours they had a driver behind them flashing them and honking his horn. They decided to pull over and see what the problem was. "Mate, you guys have been leaving a trail of destruction since Otorohanga"! Someone had forgotten to lock the trailer. Four guitars, a floor tom and a box of new CDs had been lost out the back. The van then spent the next couple of hours driving back along the road looking for lost items. Someone managed to spot two guitar cases in a ditch on the side of the road and we reclaimed one electric and a bass – the cds, drum and other guitars were both lost. Definitely our best screw up to date!
How did you come up with the band name Tahuna Breaks?
Although we'd love to tell tales of the great Tahuna's around the country, it comes from the street of the first 'jam' room of the band, (Tahuna Street in Herne Bay). Breaks, refers to surfing, beaches and all other things summer.
"RAAARRRRR". James Brown getting in a knife-fight with Rick James while Bob Marley and Marvin Gaye discuss Politics over tea and crumpets.
What can we expect to see from Tahuna Breaks over the next year?
A new album and a lot of shows, sweating up venues all over the country.
"Hair is the first thing, and teeth the second. Hair and teeth, a man got those two things he's got it all". - James Brown
Tahuna Breaks is Marty Greentree (vocals, guitar), Tim Gemmell (drums, vocals), James Winkle (bass), Tom Charleson (guitar), Tim Baker (trumpet, Synth), Kelsey Serjeant (sax), Adam 'Young Blood' Fuhr (keys) and Jonny Maclean (sax).
Facebook Page (you must be logged in to Facebook to view this page)
The second album from Tahuna Breaks, 'Black, Brown and White' will be released on August 31, and you can win your own copy with muzic.net.nz!
Handle The Jandal
Its all go at Handle the Jandal Headquarters, with initial interest in the Radio Active 89FM-initiated DIY music video competition already proving a handful for the busy organising team.
Interest has been coming in from the most curious corners of New Zealand, from Temuka to Tolaga Bay and even Tawa, reports event director Hadden Morrison.
"This year we've allowed for a lot more lead in time so it looks like there's a few more people who are willing to create their own fun music videos for Handle the Jandal," he said. "Of course, New Zealand's indie labels are also gearing up to submit their bands' handiwork with the handicams so we're expecting a bumper crop of do-it-yourself videos this year."
The nationwide DIY music video competiton, Handle the Jandal will be held at Wellington's Embassy Theatre, Thursday October 29, and is now calling for entries from far and wide. Anyone can enter and potentially shower themselves in golden-sprayed glory.
Handle the Jandal is the annual competition that matches rising music stars with up'n'coming filmmakers, so all videos must be completely self-funded and may only use New Zealand music.
As such, the entries feature already-filmed videos for musicians alongside the creations of emerging filmmakers. But many of the most memorable videos come from groups of buddies who get on the booze, create a concept, wake up with a hangover and shoot what happens.
The deadline for entries is 5pm, Monday September 21, 2009. All entry requirements, specifications and further information is available from Radio Active 89FM's website radioactive.fm, ph 04 801 9899 or email Hadden Morrison on hadden@radioactive.co.nz
Radio Active 89FM has been the principal supporter of Handle the Jandal for 11 years now and has roped in a kick-ass line-up of fellow supporters. Kraft:Haus return to transform the Embassy into a giant Music TV show, making it a truly unique event in New Zealand.
Panavision are gearing up for the prize pool, to be announced soon, alongside Portsmouth, who is donating a truck-load of filmmaking goodness for a Golden Jandal winner. Park Road Post is donating studio time for Golden Jandal winners as well – so the cream of this year's competition will be well set up for future filmmaking endeavours.
Juice TV are squeezing us with coverage kindness with Jandal video promotion and Manky Chops art gallery is slicing through our art and printing needs.
Info pack and entry form at www.radioactive.fm
Or Hadden Morrison, event director: 04 801 9899 or hadden@radioactive.co.nz
Radio Active 89FM's
Handle the Jandal DIY Music Video Awards
October 29, 6.30pm
Embassy Theatre, 10 Kent Terrace, Wellington
Smokefreerockquest 2009 National Finalists
Experience paid off for Smokefreerockquest entrants this year, with four of the six national finalists announced today having been in previous national finals.
Over 650 bands played off in heats and finals held in 26 towns and cities from Invercargill to Whangarei over winter, with the final selection made from DVDs of the bands' original music, judged by Tania Dean from NZ on Air and Hamish Jackson from NZ Rock Shops.
In north to south order the finalists are:
- Hudson and the Rocketships, Botany Downs Secondary College, Auckland, a quirky three piece indie pop band, made it to the national finals as Malford in 2007.
- The Seed, Hamilton Christian School, Fairfield College and Hamilton's Fraser High School, a six piece pop rock group with a huge sound.
- A Few Words From Dave, Mt Maunganui College, a four piece rock band from Tauranga.
- Jayme Fitzgerald, Tauhara College, Taupo – singer songwriter and past national finalist. - These Dancing Wolves, Timaru Boys' High School, a three piece band playing ambient dance music, national finalists 2008.
- The Jesse Sheehan, Wellington College, a singer songwriter who made it to the national finals last year in The Stray Dogs.
Eddie Low & The Topp Twins win at The 2009 National Country Music Awards of New Zealand
On Saturday 15th August 2009, at the beautiful Founders Theatre, Hamilton, New Zealand, a HUGE audience witnessed an awesome night of the very best of New Zealand's Country Music Professionals and new artists.
First time host Jason Reeves, from Classic Hits, had the packed crowd in the palm of his hand. "I didn't know what to expect, but when I saw the talent of the artists, I knew I had to step up as well, I had a blast"
One of the most touching moments of the night was when Eddie Low received the Country Music Legend Award. "I am so overwhelmed, I don't know what to say, thank you so much". Country Music Female Artist of the year Marian Burns was totally humbled by the Award and thanked the support of her husband, family and supporters. Dennis Marsh nabbed his second consecutive Country Music Male Artist of the year.
Rhythm & Vines Confirm Dates for Second Line-Up Announcement
Rhythm & Vines have confirmed the second line-up instalment will be released on Tuesday 2 September at 5.30pm live on ZM. The line-up will be posted on the Rhythm & Vines' website www.rhythmandvines.co.nz and official social networking sites. The website will keep visitors up to date with everything they need to know about Rhythm & Vines 2009, including how to get here, what to bring, ticket information/purchasing, artist line-up and the various accommodation alternatives available to festival goers.
The Kiwi House with Karl Steven
Kiwi FM is proud to announce the arrival of a brand new show. "The Kiwi House" is an hour long programme presented by Karl Steven. Each week Karl talks to a different guest about their favourite New Zealand music – with the guest picking 8-10 songs which are personal favourites, had a big impact upon them, or are attached to a particular memory.
The guests will come from all walks of life - politicians, sports heroes, musicians young and old, as well as TV and film people and other entertainers.
Karl Steven says, "The idea is for the show to be entertaining whether or not one is familiar with the guest (or the music), and to convey a sense of excitement about the songs, as well as using the songs as a 'way in' to the person's life and world".
Minuit call on New Zealand to help with upcoming music video 'Aotearoa'
On the back of their critically acclaimed new album Find Me Before I Die A Lonely Death Dot Com, Minuit are working on a new video concept for their single 'Aotearoa' and they need New Zealand's help.
Minuit's track 'Aotearoa' contains the lyric "You and me, we are a New Zealand". For the upcoming music video, the band are giving New Zealander's a chance to show who they are by submitting photos which represent this idea to feature in the video. Be it a photo of them in their town, with their family or friends, on their favourite beach, showing their tattoo, or just them – whatever they think shows a bit of who they are in one shot. The video will also include film footage of events and people that have made up New Zealand.
Photos can be emailed to findmemusicvideo@gmail.com. More information regarding the project and photo requirements can be found at the following facebook group: http://www.facebook.com/minuittheband#/group.php?gid=247883380213&ref=ts. The band has limited submissions to just one photo per person, and the deadline is Friday 18 September.
Liam Finn breaks his own record
Long Way To Go 7 weeks at #1
'Long Way To Go', the first single from their highly anticipated new EP 'Champagne In Seashells' has dominated the NZ Alternative Charts at #1 for a record 7 weeks in a row! Making further waves is Liam + EJ's single collaboration with Connan Mockasin and Lawrence Arabia 'Having A Baby' which follows very closely at #2.
Site of the Moment: Muzic.net.nz is now on Facebook!
That's right - muzic.net.nz is now on Facebook! Check it out and add us as a friend today!
Muzic.net.nz on Facebook
Matt Bodman and The Valentine Grind
Streetlight Requiem
The Grim Sons
The Red Dawn
Want to add yourself or your band to muzic.net.nz?
Add Artist Form
Info about filling out the add artist form
Congratulations to R. Harrison (Hamilton) for winning the 'Great News For The Modern Man' album from Eru Dangerspiel.
Enter today for your chance to win the following competitions:
Please note - you must be logged in to enter competitions.
This September will see Cobra Khan hitting the road in further support of their debut album 'Helgorithms' (Oct 08) which has spawned the singles 'Shutter', 'Graze The Earth' and 'Liquid Separation'.
Thanks to 1157 Records, you can win a double pass to each of the Cobra Khan gigs:
Auckland 12 Sept 09
New Plymouth 18 Sept 09
Wellington 19 Sept 09
Palmerston North 20 Sept 09
Whangarei 25 Sept 09
David Dallas was formally known as Con Psy and was one half of Frontline. Something Awesome is his debut solo album, released on Dirty Records.
Isaac Aesili's debut solo album Eye See is a rich tapestry of sound with RnB at its heart, and lashings of soul, reggae and funk woven within. Features the single 'With You In My Bed' with vocals provided by Aaradhna.
Win a copy of the brand new album from Tahuna Breaks! Recorded with the infamous Dr Lee Prebble at the Surgery in Wellington, Black, Brown & White features 13 tracks in true Tahuna Breaks style – a diverse mix of soul, funk, blues, roots and reggae.
Eru Dangerspiel - 'Great News For The Modern Man' album review
With any experiment, there are always going to be some things that work out great, and others that don't really go down so well. Therefore, with any experimental album, the same is bound to happen. 'Great News For The Modern Man', the debut offering from former TrinityRoots member Riki Gooch, is a perfect example of such an album. Some of the tracks are brilliant, but others seem, well, a little bit too strange for my liking.
The album mixes elements jazz, roots, blues, beats and soul, with varying elements of success. A few of the songs, 'Sun Again' and 'Coq Au Vin' for example, were fantastic. 'Coq Au Vin' in particular I really enjoyed, it reminded me of Sola Rosa's latest album, and in my opinion is the best track on the album. Then there were a few songs, such as 'Sambaskool Dropout', which I felt could have been great, but fell short for some reason.
All our latest reviews can be viewed here
All our latest photos can be viewed here
13 September and will be an extra-special 1157 Records issue!
There is space available in our newsletters from 11 October onwards. The last issue for 2009 will be going out on 6 December. This means there are only 5 issues remaining for the year with space available for features. If you would like to have a newsletter feature before the end of the year, you should contact Lisa now to avoid disappointment.
You can request a date in advance that suits you, or feature in the next available newsletter. We can feature you even if you have already featured in a newsletter from a previous year. Newsletter dates can be viewed at the bottom of this forum.
If you would like to advertise your next album release or tour in our newsletter and/or gig mail out, email Lisa. It is 100% FREE to feature or advertise in our newsletter and gig mail outs! We also offer advertising on the muzic.net.nz website for very competitive rates.
Our next gig mail out is going out on 6 September.


Herd Health Plans should be seen as more than simply fulfilling a requirement for Farm Assurance or NDFAS purposes as they provide an opportunity for farmer and vet to sit down together annually, discuss the current disease picture on that farm and design a tailor-made, cost effective programme for the treatment, control and prevention of the individual problems.
Infectious Diseases – A summary of the diseases present on the farm, a record of all laboratory findings in the previous 12 months, and an action plan for treatment and preventative measures including practical vaccination programmes suitable to the specific requirements and management systems on the farm.
Parasites – The present picture and likely risks in the next 12 months, and customised dosing / management regimes.
Mastitis – An overview of bulk cell count trends, incidence of mastitis, bacteria involved and an action plan with specific recommendations for dealing with the particular problems and monitoring the response.
Lameness – Incidents of lameness, the levels of specific types of lameness, and detailed methods of treatment. A targeted action plan is provided for the control and prevention of each individual cause of lameness.
Calf Health and Welfare – Including an assessment of levels of disease and measures for preventing scour and pneumonia, if these are a problem.
The BCVA herd health plan is drawn up and revised annually following an on-farm discussion usually lasting 1-2 hours. The more information that is available at the meeting, the more useful the outcome: on-farm records include bulk cell counts, NMR records if available, records of incidence, cause, treatment and outcome of lameness and mastitis, and fertility and calf disease records. Records provided from the surgery include lab results, intra-mammary tube usage and drugs and vaccines used.
Health planning is a very cost effective way of highlighting the problems that are holding back performance on the farm and designing a tailor-made economic plan for improving the health and welfare of the animals and profits for the farmer.


text:
Saturday 14th July
Distance: 17km; Ascent:580m; Overcast, little wind with occasional rain; with Laura and many others
Little Fell is one of two forbidden 2000ft mountains in England, the other one being Mickle Fell, and there both lie on the MoD Warcop firing range in the North Pennines. Access to the area is extremely restricted and only available for around 12 weekends a year and only then along rights of way as it is exempted from being access land under CRoW.
Unfortunately there are no public rights of way to the summits of either peaks, but I believe that access to Mickle Fell is relatively easy by way of a permit system (which I will find out for myself at some point, hopefully later this year). Little Fell however is a different kettle of fish as there is technically no unaccompanied access allowed to it! Luckily the kind people at North Pennines AONB arrange with the MoD to have an annual access walk to its summit and this year I had actually been organised far enough in advance to bag a space on it :)
And so early this morning Laura and I left the south Manchester area and drove northwards to the agreed meeting place in the small village of Hilton, where the popularity of the walk became evident as the tiny car park was completely overwhelmed. After finding somewhere else to park, we joined the group for a brief introduction to the area. At around 10:15am we set off walking and soon entered the firing range, marked by Danger signs.
Danger Area!
Our route initially lay along a permissive bridleway / vehicle track, which took us around the western slopes of the shapely Roman Fell, whose summit seemed to be trying hard to lose its cloud cap. It seemed somewhat strange initially to be setting out for a walk in the hills with no idea of the actual planned route, with the exception that we would be going up Little Fell! I guess it's because I'm so used to actually planning my own routes so it was odd to be being guided today but it was through necessity (although I doubt I would have done that much of a different walk myself anyway!)
Roman Fell
Looking SW out over the firing range
There were good views south-westwards over the lower parts of the firing range and on over the Eden Valley towards the northern Yorkshire Dales and the Lakes in the distance. Soon we began to ascend to traverse the flank of Roman Fell and around here we spotted our first shell.
One of the many shells
We zig-zagged up past the remains of a barytes mine to reach the end of the track. Here the route onwards went through surprisingly stony ground for the North Pennines, past further mining remains some of which appeared to be held together by lots of old bits of timber.
Mining Remains Mining Remains
Soon we reached the open moorland, with good views northwards towards Cross Fell. Given the large quantity of rain recently, the moorland was surprisingly dry - it had that look about it that suggested it was normally much wetter! We came across the remains of a pretty looking egg amongst the grass and moss, but unfortunately I have no idea what sort of egg it is.
An egg on Long Fell
Ascending Tinside Rigg
Looking north over the moorland towards Cross Fell
We soon reached the small summit cairn on Tinside Rigg before heading north-east across the moorland, sometimes on a faint path, to reach the scree slopes at around 700m on south-west flank of Little Fell. Here we spotted yet more shells amongst the rocks.
Shells high up on Little Fell
We soon reached Little Fell's trig point, surrounded by a stone windshelter; however strangely this did not actually mark the summit, which lay around half a kilometre away to the NNW. But as it was now well past 1pm, we stopped here for a spot of lunch with good views across to Mickle Fell (another forbidden mountain) and northwards towards the giant golf ball on Great Dun Fell.
Lunch near the trig point on Little Fell
After suitable refreshment we set off to find the true summit, which is described as a large flat area of grass and heather with no cairn. Upon reaching the approximate location, several people got out GPS units to track down the actual location of the true summit. There was some disagreement as to it's location, presumably either due to differences between their GPS units or the grid references they had for the summit. To be certain I visited three locations all within 50m of each other, including the location quoted by www.hill-bagging.co.uk at NY 78092 22291, and therefore concluded that I had now definitely bagged Little Fell (Nuttall).
The featureless summit of Little Fell (NY 78092 22291)
The group gathered around the area that most people had concluded was actually the summit, where there was a small celebration as two gentlemen had brought a small bottle of champagne up with them to celebrate their completion of the English 2000ft peaks. This was also Laura's last English 2000ft peak and so we joined in the celebration with a cream tea minus the tea (i.e. scone, jam and cream!).
We didn't hang around for too long on the summit as the weather looked to be about to make a turn for the worse, and headed north-westwards down the moorland towards Scordale Head. There were good views across the open expanse of the moors towards Mickle Fell and down into Scordale.
Mickle Fell from near Scordale Head
Around now it began to rain, and with no sign that it was likely to stop any time soon we donned our waterproofs and made our down into the narrow gap that formed the head of Scordale. After a while the valley opened out, the rain stopped and some blue sky even appeared! A reasonably large waterfall seemed to appear directly out of the hillside with no stream apparent above it; we were clearly in a bit of limestone country.
Descending upper Scordale
Upper Scordale
Lower down in the valley, the industrial past of the area became more obvious with more mining remains and some handy information signs. Apparently it used to be a major site for lead mining, especially after the mineral rights were acquired by the London Lead Company in 1824. There were also plenty of wild flowers around, including lots of a purple flower that I think is a form of Thyme (well that's certainly what it smelled like!)
Thyme?
Scordale
We continued down beside the stream on an ever improving path as the sun began to poke its way out from the grey clouds; we we soon stopping to remove layers due to the heat! There were good views back up Scordale towards the moors. The last couple of kilometres were along a vehicle track and we were soon back at Hilton at around 4:30pm. Many thanks to North Pennines AONB for organising the walk; it was a good day :)
Danger!
I also tracked our route using Viewranger Buddy Beacon and Social Hiking, and you can see the resulting map complete with photos here.
Labels: Cumbria, Day Walks, England, North Pennines, Nuttalls
Location: Hilton, Appleby-in-Westmorland, Cumbria CA16, UK
Phreerunner 17 August 2012 at 10:26
Wild Thyme (Thymus drucei)
An interesting little excursion, Alistair!
Thanks. I really should improve my knowledge of wild flowers found on the hills!
It was indeed a good excursion, it's just a shame it's only possible once a year; although I suppose that makes it a bit more special :)
Myron E. Bennett 10 August 2017 at 09:22
Beautiful places, great for traveling. But as far as work is concerned, there are huge advantages in tracking routes using. GPS tracking for employees and vehicles. More information for you here about tracking software. And also the possibility of a free 90-day version!