Category Archives: llnlugaf

16Oct/19

Womens Entrepreneurship A No Ceilings Conversation with Chelsea Clinton

first_imgOn Monday, April 6, Clinton Foundation Vice Chair Chelsea Clinton will join Jack Dorsey, CEO of Square, the Chairman of Twitter, and a founder of both, to host Women’s Entrepreneurship: A No Ceilings Conversation at Spelman College.They will be joined by Beverly Daniel Tatum, President of Spelman College, Tina Wells, CEO of Buzz Marketing, Cherita Kempson, Co-Founder of Endulge Cupcakes, Spelman students and local business owners to discuss what works in women’s entrepreneurship.New data recently released by No Ceilings finds that critical barriers to women’s full economic participation remain — both in the United States and abroad. Monday’s event will highlight the ways in which new technologies are empowering small businesses and aspiring entrepreneurs. It will also discuss how young women in STEM can excel through programs like College Code Camp — a five-day immersion program that brings together women engineering students to build a stronger community around women in technology.Women’s Entrepreneurship: A No Ceilings Conversation is the continuation in a series of live and virtual discussions designed to hear directly from women and girls, as well as men and boys, about how to support and expand opportunities for all. This conversation follows the release of the No Ceilings Full Participation Report on March 9, which analyzes data from more than 190 countries on the gains made for women and girls over the last twenty years, and the gaps that still remain, as well as the No Ceilings Full Participation Plan, which provides a roadmap to close gaps in full participation.WHATWomen’s Entrepreneurship: A No Ceilings ConversationWHOChelsea Clinton, Vice Chair, Clinton FoundationJack Dorsey, CEO of Square, the Chairman of Twitter, and a founder of bothBeverly Daniel Tatum, President of Spelman CollegeTina Wells, CEO, Buzz MarketingCherita Kempson, Co-Founder, Endulge CupcakesWHENMonday, April 6, 20154:30 PM ETWHERESpelman College, Science Center Auditorium350 Spelman Ln SWAtlanta, GA 30314last_img read more

15Oct/19

Calgary Operas Chautauqua Tent productions brim with humour high spirits

first_imgAdvertisement Advertisement Advertisement LEAVE A REPLY Cancel replyLog in to leave a comment Facebookcenter_img Login/Register With: Twitter After three years of presenting full-scale operetta/musical productions under a large tent in the East Village, Calgary Opera is taking a break. This year, instead of a fully professional production with orchestra, Calgary Opera is presenting a variety of modest-sized, semi-professional entertainments, all under the conceptual title of The Chautauqua Tent. The term itself is now largely unused today, but in the past Chautauqua Tent referred not only to a traveling tent show but to the idea of culturally elevating summer entertainment, especially in the culturally starved prairies of yore.  Indeed, the Chautauqua movement, as it might be called, had its Canadian roots in Calgary, which was the centre of this movement for many years, lasting to the interwar period.In the manner in which the term is used by Calgary Opera this summer, it involves two 45-minutes operas: a much shortened version of Humperdinck’s  Hansel and Gretel, and an operatic spoof on the Archie comic entitled Archibaldo, the latter performed by Cowtown Opera.  In between the afternoon and evening performances there are a variety of other acts, ranging from Broadway songs, to opera arias, to music for brass quintet.  Altogether, especially with the weather now co-operating, it made for an enjoyable way to spend a summer afternoon.last_img read more

14Oct/19

Winnipeg to get 24hour centre for youth at risk … but for

first_imgAPTN National NewsAfter years of lobbying, the city of Winnipeg will soon have a 24-hour safe haven for youth at risk of being exploited.Until now, drop-in centres for young people have shut their doors at 11 p.m.The province and city have now put up hundreds of thousands of dollars to expand hours.But as APTN’s Dennis Ward reports the money will only cover one year of operation.last_img

13Oct/19

Guinness World Record paper airplane attempt pushed back to July 20th

first_imgCollins decided to come to the Energetic City after local paper airplane enthusiast Parker Andrews told him he was going to break his record one day.Collins added that he had been trying to find a place to beat his record for over two years, but couldn’t find a building large enough to attempt it. Andrews then told Collins about the Pomeroy Sport Centre prompting the Paper Airplane Guy to call it the perfect fit.The time of the event will be set closer to the date. In order for Collins and Ayoob to break their record, they will need their plane to fly over 226 feet and 10 inches. FORT ST. JOHN, B.C. – Fort St. John residents will have to wait a little while longer to see a possible Guinness World Record broken at the Pomeroy Sport Centre.John Collins and Joe Ayoob will now attempt to break their world record for longest distance flight of a paper airplane on July 20th rather than the 13th.Collins explained that the company Orbitz is now sponsoring the event and decided that the 20th would be a more suitable date for the flight.last_img read more

11Oct/19

DR Congo UN releases most extensive report to date on war massacres

The United Nations today released a new report on “indescribable” atrocities committed in the war-torn Democratic Republic of the Congo (DRC) from 1993 to 2003, when tens of thousands of people were killed, and numerous others raped and mutilated by both armed Congolese group and foreign military forces.“The period covered by this report is probably one of the most tragic chapters in the recent history of the DRC,” says the report, the most extensive accounting to date, issued by the UN High Commissioner for Human Rights (OHCHR).“Indeed, this decade was marked by a string of major political crises, wars and multiple ethnic and regional conflicts that brought about the deaths of hundreds of thousands, if not millions, of people.” The 550-page report, listing 617 of the most serious violations of human rights and international humanitarian law over the 10-year period by both State and non-State actors, is the product of a mapping exercise that took more than two years, including eight months on the ground in the DRC, interviewing witnesses and a wide range of sources.Many of the attacks involved massive violence against non-combatant civilian populations consisting primarily of women and children amid a climate of near-total impunity, which continues today.“Violence in the DRC was, in fact, accompanied by the apparent systematic use of rape and sexual assault allegedly by all combatant forces,” it says. “This report highlights the apparently recurrent, widespread and systematic nature of these phenomena and concludes that the majority of the incidents of sexual violence reported could, if judicially proven, constitute offences and violations under domestic law, international human rights law, and international humanitarian law.”Declaring that children in the DRC “have suffered far too much,” it cites estimates that at least 30,000 children were recruited or used by the armed forces or groups during the conflict, adding that children have been subjected to “indescribable violence,” including murder, rape, torture, cruel, inhuman and degrading treatment, forced displacement and destruction of their villages. “If this situation is allowed to continue, there is a risk that a new generation will be created that has known nothing but violence, and violence as a means of conflict resolution, thus compromising the country’s chances of achieving lasting peace,” it says.In a comment today on the report’s release, High Commissioner for Human Rights Navi Pillay noted that a leak in August to the French newspaper Le Monde of an earlier draft that had been distributed to six countries in the region, led “to intense focus on one aspect of it” – namely the raising of the possibility that the armed forces of Rwanda and their local allies may have committed acts which could constitute crimes of genocide. “The report stresses that this question can only be addressed by a competent court,” she said. “First and foremost, the Mapping Report is a report about the DRC. Yes, it does refer to the presence of foreign forces which were involved in the conflict in the DRC, and it does point to the responsibility of those forces for human rights violations.“It also suggests that other countries have a role to play in assisting a transitional justice process in the DRC,” she added, voicing the hope that people will examine it and in particular the measures it proposes to bring real progress in accountability and justice “in the wake of such a litany of dreadful acts. The millions of Congolese victims of violations committed by an extraordinarily wide range of actors deserve nothing less.”Aside from providing a historical record, the reports aims to assist the Congolese Government and civil society in developing transitional justice mechanisms and institutional reforms that will lay a firm foundation for sustainable peace and development. This includes identifying both judicial and non-judicial options for achieving justice for the many victims of serious human rights violations and ending the widespread impunity of those responsible for serious crimes. The report notes the involvement of at least 21 armed Congolese groups as well as operations by the military forces of eight other states inside DRC. While the aim was not to establish individual criminal responsibility, information on the identities of the alleged perpetrators of some of the crimes is being held in a confidential database maintained by OCHCR. But it does identify armed groups, both domestic and foreign, involved in specific incidents.In her foreword to the report, Ms. Pillay states that “no report can adequately describe the horrors experienced by the civilian population” in the DRC, “where almost every single individual has an experience to narrate of suffering and loss… “The report is intended as a first step towards the sometimes painful but nonetheless essential process of truth-telling after violent conflict? it looks to the future by identifying a number of paths that could be pursued by Congolese society to come to terms with its past, to fight impunity, and to face its contemporary challenges in a manner that prevents the re-occurrence of such atrocities.”While the gruesome inventory of serious violations dramatically underscores the need for justice, the DRC’s ability and willingness to tackle the issue remains severely limited, the report says, noting that poorly functioning judicial institutions “have left millions of victims with nowhere to turn and no opportunity to have their voices heard.”More than 1,280 individual witnesses were interviewed to corroborate or invalidate alleged violations, including previously unrecorded incidents, and at least 1,500 documents were collected and analysed. 1 October 2010The United Nations today released a new report on “indescribable” atrocities committed in the war-torn Democratic Republic of the Congo (DRC) from 1993 to 2003, when tens of thousands of people were killed, and numerous others raped and mutilated by both armed Congolese group and foreign military forces. read more

08Oct/19

CTA orders WestJet to compensate customers denied boarding revise rules

CALGARY — The Canadian Transportation Agency says WestJet must provide compensation to customers who are denied boarding on flights to and from Canada.The agency was responding to a complaint alleging that WestJet’s international tariff — a contract between a customer and the carrier — has several “unreasonable and conflicting” rules for customers denied boarding.As a result, it also ordered the Calgary-based airline to revise its rules for international travel.The CTA also said Wednesday it was banning provisions that exempt WestJet from liability for overbooking a flight — whether or not it happens for reasons outside its control or if the airline gives a passenger a travel credit or full refund.Last month, the agency ruled passengers on WestJet rival Air Canada were entitled to higher compensation if they’re bumped from overbooked domestic flights.It said Air Canada’s existing practice of paying $100 in cash or a $200 travel voucher is unreasonable and it gave the airline 30 days to submit new compensation guidelines.The agency sided with Gabor Lukacs, a former University of Manitoba math professor, who has challenged several airline industry practices.Also Wednesday, Transportation Canada issued an air operator certificate for WestJet’s new regional service, Encore, which launches in Western Canada on June 24.The Canadian Press read more

04Oct/19

NDP to react today to Ontario budget Wynne gives them to Thursday

by The Canadian Press Posted May 2, 2014 2:00 am MDT NDP to react today to Ontario budget; Wynne gives them to Thursday to take stand TORONTO – Premier Kathleen Wynne is giving Ontario’s New Democrats until next Thursday to decide if they’ll support the budget or try to force a June election, but we should get some indication today where they stand.NDP Leader Andrea Horwath decided to wait until today to offer any reaction to the $130 billion budget, which increased spending and the deficit amid declining revenues but hiked taxes only on higher income earners, smokers and airlines.Horwath knows the Liberals need her help to avoid being defeated because the Progressive Conservatives vowed to vote against the budget even before they saw it.But when mobbed by reporters after the budget was introduced, Horwath said only that she wanted to take more time to look at it and would react in the morning.So Wynne fired off a letter setting a May 8 deadline for Horwath to meet with the premier and say if the NDP will help pass the two budget bills before the end of June.The letter doesn’t say if Wynne would call the budget vote at that point or visit the Lieutenant Governor and ask him to dissolve the legislature and call an election.Several large labour groups, including the Unifor union and the Ontario Federation of Labour, urged the NDP to pass the budget and avoid an election.The New Democrats propped up the Liberals in the last two budgets, but negotiated major changes in each including a tax on incomes over $500,000 and a 15 per cent average cut in auto insurance premiums.Wynne says most of the contents of the budget have been known for weeks, so the NDP shouldn’t need too much time to make up their minds.“Given that much of the budget’s content has been discussed for several months and that the budget bill is in front of the house, I believe that one week is a sufficient amount of time for your to complete your review,” Wynne wrote to Horwath. AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to RedditRedditShare to 電子郵件Email read more

04Oct/19

Landlords buy 11 Target Canada leases for 138 million

AddThis Sharing ButtonsShare to TwitterTwitterShare to FacebookFacebookShare to RedditRedditShare to 電子郵件Email by David Friend, The Canadian Press Posted Mar 9, 2015 8:47 am MDT Landlords buy 11 Target Canada leases for $138 million TORONTO – Leases for eleven properties that are winding down as Target Canada stores have been sold back to landlords for $138 million before taxes.Documents filed with an Ontario court outline details of the sales to Oxford Properties Corp. and Ivanhoe Cambridge, which received court approval last week.The price was kept under wraps by the court to ensure it didn’t influence the sales of other Target Canada properties that were under negotiation.Some of the 11 leases include property at the Square One Shopping Centre in Mississauga, Ont., Place Laurier in Quebec, Oakridge Centre in Vancouver, and Kingsway Mall, Edmonton.Target Corp., the parent company headquartered in Minneapolis, Mn., announced in January that it would shutter its 133 stores across the country after determining it would take years to turn a profit.The decision set into motion court proceedings that have, so far, overseen the liquidation of its stores, and will also determine what happens to outstanding property leases and money owed to creditors.Store leases will return to the landlords once the Target locations close. read more

28Sep/19

2015 NFL Preview The Ravens Bengals Steelers And Yes Even The Browns

Cleveland Browns2014 Record: 7-9 | 2015 Proj. W: 6.2 | Playoff Odds: 9.7%Off. Rank: 31st | Def. Rank: 11th | S.T. Rank: 14thAs usual, the Browns’ quarterback situation is dismal. Backup Johnny Manziel gets most of the headlines despite (or, perhaps, because of) a spectacularly trying rookie campaign, but new starter Josh McCown isn’t much better. The 36-year-old journeyman showed unexpected flashes of brilliance in eight games as a Bear in 2013, but he returned to form — ranking second-worst in the NFL in QBR — with the Buccaneers last season. Judging from the rest of his career, it would be unrealistic to expect much more from McCown in 2015.We all know that the NFL is a passing league, so Cleveland’s QB predicament puts them at a disadvantage. But if there’s any good news for the Browns, it’s that you don’t necessarily need a great passing attack to build a winning team. And with McCown and Manziel unlikely to lead the Browns out of the quarterback wilderness, it falls upon the team’s defense to provide an edge instead.The Browns return nine starters from what was an effective, and unusual, defense in 2014. Typically, defenses that limit opponents’ passing also have an edge against the running game, and Cleveland was excellent versus the pass — it was third-best in EPA allowed on passing plays, trailing only the Texans and Bills. But the Browns had trouble slowing down opposing runners. Against rushing plays, they ranked 31st in EPA allowed, ahead of only the Saints.Again, the NFL is a passing league, so Cleveland had a top-10 defense despite its weakness against the run. But given the Browns’ lack of offensive playmakers,12Their most important offensive player might be a center. In the five starts Alex Mack made in 2014 before suffering a season-ending injury, the Browns averaged 26 points and a 75 QBR; over the remainder of the season, they averaged 16 points and a 25 QBR. their defense can’t afford to have any vulnerabilities if they hope to win games. That’s why Cleveland drafted nose tackle Danny Shelton 12th overall and added defensive lineman Randy Starks in free agency, with an eye on getting tougher against the run and building an elite all-around defense.It’s an unconventional formula for team-building, but a roster engineered to keep the score low and close can make for upsets. Just last year, the Buffalo Bills used a similar blueprint to win nine games despite having the league’s fifth-worst offense. So if the Browns defense is better than their offense is bad, and they get a few lucky bounces of the ball on special teams, Cleveland might have a winner for just the third time since the franchise was reborn in 1999. Baltimore Ravens2014 Record: 10-6 | 2015 Projected Wins: 9.0 | Playoff Odds: 54.7%Offensive Rank: 15th | Defensive Rank: 5th | Special Teams Rank: 2ndA slight favorite in the AFC North according to ESPN’s preseason Football Power Index (FPI) ratings, Baltimore is more likely than not to make its seventh playoff appearance since 2008. In part, that’s because general manager Ozzie Newsome is playing his own brand of Moneyball. One of his favorite strategies: using free agency to build depth and plug roster holes, rather than trying to sign big-name players at a premium. It’s an approach that keeps the Ravens out of boom-and-bust rebuilding cycles, and keeps generating tickets to the Plinko game that is the NFL playoffs.For instance, Baltimore needed to address its weakness at secondary this offseason. Although the Ravens were tough against the run1They allowed the NFL’s third-fewest rushing expected points. and consistently put pressure on opposing QBs, they also allowed the league’s 10th-most expected points added (EPA) through the air because injuries forced them to field a handful of scrap-heap defensive backs. So Newsome added cornerback Kyle Arrington and safety Kendrick Lewis in free agency to bolster the secondary — moves he could afford to make because of cap room freed up by trading defensive tackle Haloti Ngata for draft picks. The deft deal-making2Along with the return of cornerback Jimmy Smith from injury. is a big reason experts think Baltimore will reclaim elite-defense status this season.Another signature Newsome move was to let free-agent wide receiver Torrey Smith walk, rather than paying the $22 million sticker price he was eventually guaranteed by San Francisco. While other teams shell out for expensive free-agent receivers such as Smith, Vincent Jackson and Mike Wallace, Newsome has had success with cheaper options. Take Steve Smith, whom the Ravens were able to sign on the cheap3Paying only an average of $3.5 million per season. a year ago because of his advancing age (he was 35 last season). All Smith did in his Baltimore debut was produce one of the top receiving seasons in Ravens history — and help quarterback Joe Flacco post the best Total Quarterback Rating (QBR) of his career.Even running back Justin Forsett, whose breakout season lifted Baltimore’s yards per carry from last in the league in 2013 to a tie for sixth last season, was paid only $730,000 a year ago — a pittance by RB standards. Forsett got a raise for 2015 but should benefit from another secret weapon smart teams often use: continuity. All five starters on the Ravens’ offensive line are also returning, and incoming offensive coordinator Marc Trestman is expected to keep predecessor Gary Kubiak’s running scheme.Newsome appears to recognize a few fundamental truths about the NFL: namely, that bank-breaking offseason pickups are rarely worth the trouble and that teams are better off using their money to build depth and bolster multiple positions. It’s a formula that has served the Ravens well over the years and should continue to pay off in 2015. Read more: 2015 NFL Previews FiveThirtyEight is previewing the 2015 NFL season ahead of the first game of the year. Check out our coverage of every division » Cincinnati Bengals2014 Record: 10-5-1 | 2015 Proj. W: 8.4 | Playoff Odds: 42.1%Off. Rank: 14th | Def. Rank: 12th | S.T. Rank: 8thFPI predicts that the Bengals will be solid again in 2015, and one of the primary reasons is continuity. Twenty-one of their 22 starters are back from a year ago, which ties for the second-most returning starters any NFL team has carried into a season since 2006. Plus, prodigal defensive end Michael Johnson returns after a season in Tampa Bay, and linebacker Vontaze Burfict might (eventually) come back from the knee injury that cost him most of 2014.While researching FPI,4I was on the production analytics team that developed FPI this summer. we found that consistency like this, especially when the team is already decent — as the Bengals were last year — is a small but reliable predictor of success. And in the absence of a first-class quarterback, Cincinnati needs all of these small things to go its way if the team wants to stay competitive.Bengals starting quarterback Andy Dalton has a lifetime QBR of 51, which pretty much makes him the definition of average. (QBR is scaled where the league-wide mean is 50.) Fans and observers have spent years wondering if Dalton can become a top passer, but four seasons of consistently middling numbers probably suggest that we’ve seen his best. He’s dependable, and even good enough to make a winner out of a team if it surrounds him with talent. But rarely do quarterbacks blossom into something new after four full seasons in the NFL.So instead of counting on Dalton to be great, Cincinnati has built a balanced roster that doesn’t need a star turn at QB. Wideout A.J. Green, for instance, picks up the slack by serving as Dalton’s target more than 30 percent of the time, one of the highest shares for any receiver in the league. Although Dalton played well enough to win two of the three games Green missed last season, it would be unwise to think the Bengals offense would prosper for long without Green’s ability to stretch defenses downfield.And defensively, FPI projects the Bengals to bounce back after a down year in 2014. Cincy’s defense had allowed the NFL’s second-fewest overall EPA and fifth-lowest rate of yards per attempt two years ago, but they fell to 16th and 20th, respectively, after the departure of defensive coordinator Mike Zimmer a year ago. Losing a coordinator can be surprisingly traumatic for a defense (more on this later), so they should be better in Paul Guenther’s second season at the helm.Continuity, on both the roster and coaching staff, is one of several small factors Cincinnati will have to rely on this season. Because unless, by some miracle, Dalton turns into a top passer, the Bengals need all the advantages they can get. In preparation for the 2015 NFL season, FiveThirtyEight is running a series of eight division previews, each highlighting the numbers that may influence a team’s performance (including projections and rankings based on ESPN’s preseason Football Power Index). Today we focus on the AFC North, where Baltimore, Cincinnati and Pittsburgh have all taken the division title twice over the past six seasons. Will the defending-champ Steelers hand it off again this year? And can the Browns finally break into that group? Pittsburgh Steelers2014 Record: 11-5 | 2015 Proj. W: 8.3 | Playoff Odds: 41.4%Off. Rank: 9th | Def. Rank: 24th | S.T. Rank: 4thThe Steelers had a very un-Steeler-like team in 2014. The offense was white-hot: Antonio Brown led all NFL receivers in fantasy scoring5Using ESPN’s standard scoring system. by a wide margin, Le’Veon Bell finished second among running backs, and Ben Roethlisberger ranked fifth among quarterbacks.6Even Heath Miller ranked 11th among tight ends despite seeing the fourth-lowest target frequency of any qualifier at his position. The defense, on the other hand, was full of holes, as age7They were one of the oldest defenses in the league. and free agency8They lost a number of veterans, including Larry Foote, LaMarr Woodley and Ryan Clark. caused a unit once nicknamed the “Steel Curtain” to allow the league’s third-worst rate of yards per play.Pittsburgh still used that bizarro-world formula to squeak past its rivals for the division crown. But it doesn’t bode well as a blueprint for sustainable winning, because there are reasons to think the defense won’t rebound even as the offense falls back to earth.By virtue of regression to the mean, we usually expect defenses to bounce back from uncharacteristically bad seasons, but Pittsburgh’s situation is complicated by the departure of legendary defensive coordinator Dick LeBeau. When developing FPI, we found that defensive coordinators have a similar (albeit smaller) impact on defense as quarterbacks do on offense — namely, that when a team has a returning coordinator, its defensive performance tends to be better and more consistent between seasons. Conversely, when a new coordinator comes in, the defense usually declines a bit9Regardless of its previous quality. and generally is harder to project.10In statistical speak, the variance is higher in projections involving new defensive coordinators. So it’s difficult to say whether the 2015 Steelers will be any better defensively than the 2014 team.And Pittsburgh might not be able to afford another down defensive year. Although the Steeler offense was surprisingly strong in 2014, it’s probably not realistic to expect a repeat performance — most obviously because Bell will be suspended for the season’s first two games, but also because the team is unlikely to be as healthy as it was last season. Not only was Pittsburgh’s offensive “injury score”11A weighted total of players designated as “out,” “doubtful” or “questionable” by the NFL’s official weekly injury reports. the lowest of any team a year ago, but the team also lost less than half as much playing time to injury as the average NFL offense from the past nine years. It’s highly unlikely that they’ll be so fortunate again.This doesn’t necessarily mean Pittsburgh needs a complete rebirth of the Steel Curtain defense. (The FPI projections still point to the Steelers being a top-10 team, after all.) But with Baltimore and Cincinnati each boasting a slightly higher probability of winning the division, the defense probably has to improve if the Steelers want to repeat as AFC North champs. read more

25Sep/19

OpEd The decision to handcuff Singh Brassington was unlawful

Below is an opinion piece by Attorney-at-Law, Member of Parliament and former Attorney General and Minister of Legal Affairs, Mohabir Anil Nandlall:It is common knowledge that Dr. Ashni Singh and Mr. Winston Brassington were overseas when the charges of Misconduct in Public Office were filed against them in the Georgetown Magistrate’s Court. The summonses for them to appear in Court on the 8th of May 2018, at 1:30pm, were only served at their respective addresses in Guyana around mid-day of the 7th of May 2018. These summonses were obviously not served personally upon them.Notwithstanding, they both appeared with their attorneys-at-law at the Court to which they were summoned, promptly at 1:30 PM. The Prosecution did not oppose bail. These persons have impeccable personal records and reputation; they are prominent in society; they have no criminal antecedents; as soon as they were summoned, though not personally and although they were on another continent, they appeared at the place, date and time when summoned. Once the Prosecution did not oppose bail, it means that the Prosecution was satisfied that the men were not flight risks.The courtroom was packed to capacity. In the gallery were two former Presidents, a number of Members of Parliament of the People’s Progressive Party/Civic (PPP/C), a number of former Ministers of the PPP/C Government and an unusually large contingent from the press. During the proceedings, almost absolute silence permeated the gallery of the court. The accused persons were ushered into the dock and stood there, silently, throughout the proceedings.There was absolutely no ruckus or disorderly conduct at any time during the proceedings, either from the accused persons or anyone else. There was absolutely no evidence that there was any likelihood of such eventuality. The entire proceedings was conducted with an aura of sobriety and in an environment of quietude, which the occasion demanded. It is against that backdrop, that I wrote the following, two weeks ago, about what transpired after the court proceedings.“What followed next convinced the objective by-stander that extraneous influences were at work. Every day, persons of no known profile pass through the very court system without being handcuffed, and moved from the upper flat to the lower flat of the Magistrate’s Court building without resorting to the infamous schute; nor are they placed in the “holding cell” while arrangements are being made for their bail to be lodged. However, these facilities were not extended to a former Minister of Finance, who served in that capacity and in the National Assembly of Guyana for almost a decade! Singh and Brassington, for absolutely no good reason, were handcuffed and transported through the schute, making them available for the flashing cameras of the large contingent of reporters present. It was simply done to humiliate, degrade and publicly embarrass them.”Just one week after, I was vindicated. A young lady charged with attempted murder of a Police Officer with the use of an unlawful firearm and who was remanded by the Magistrate, was not handcuffed. This is so despite the fact that she is alleged to have committed a violent crime and was obviously viewed by the court as a flight risk, hence her remand to prison. Photographs of her being escorted by the Police to the court lock-ups showed that she was not handcuffed. I submit that the decision not to handcuff her was a correct one in law. On the contrary, the decision to handcuff Singh and Brassington was unlawful.The lawSection 202 of the Criminal Law (Procedure) Act Cap 10:01, Laws of Guyana provides that: “A person arrested, whether with or without warrant, shall not be handcuffed or otherwise bound except in case of necessity, or of reasonable apprehension of violence, or of attempt to escape or to rescue, or by order of the Court or a judge, or of a magistrate.”This provision appears in identical form as Section 76 of the Summary Jurisdiction Act Cap 10:02. In the pre-eminent Practitioners Manual, Blackstone’s Criminal Practice 2018, Section D, para 1.8, under the caption, “Use of handcuffs” it is stated: “Handcuffs should be used only where they are reasonably necessary to prevent an escape or to prevent a violent breach of the peace by a prisoner (Lockley (1864) 4 F & F 155). The same rule applies to the handcuffing of prisoners in court (Cambridge Justices, ex parte Peacock (1992) 156 JP 895; Horden [2009] 2 Cr App R 406). It would seem that, where handcuffs are unjustifiably resorted to, their use will constitute a trespass even though the arrest itself is lawful (Taylor (1895) 59 JP 393; Bibby v Chief Constable of Essex (2000) 164 JP 297).”In the old English, case of R v Taylor (1895) 59 JP 393, the then Chief Justice of England, Lord Russell of Killowen posited: “Handcuffing is only justifiable where reasonable necessity exists for it, and if it is resorted to in the absence of such necessity the party so treated may bring an action to recover damages for such a grievous indignity.”In another English case of more recent vintage, Bibby v Chief Constable of Essex Police (2000) All ER (D) 487, the Claimant was requested to leave certain private premises. He refused to do so. Both parties called the Police. The Officers thought there would be a breach of the peace and told the Claimant to leave. He refused. They arrested him and led him away to the Police Station in handcuffs. An hour later, he was released without charge. He sued and lost in the High Court. The Court of Appeal allowed his appeal on the ground that the mere fact that the Police Officers thought that a breach of the peace was likely did not justify the arrest of the Claimant and the use of handcuffs. They stated the rationale thus: “In order to exercise the now exceptional common law power of arrest, certain conditions had to be met. There had to be the clearest of circumstances and a sufficiently real and present threat to the peace to justify the extreme step of depriving a citizen, who was not at the time acting unlawfully, of his liberty. The threat had to come from person who was to be arrested, and his conduct had clearly to interfere with the rights of others. The natural consequence of his conduct had to be violence, which was not wholly unreasonable, from a third party, and the conduct of the person to be arrested had to be unreasonable.”Finally, in Ramsarran v Attorney General (2001), High Court, Trinidad and Tobago, R, a well-known businessman, who had voluntarily turned himself over to the police, was handcuffed to a rail. Moosai J pointed out that the alleged offences for which R had been charged were summary offences, and s 109 of the Summary Courts Act, Ch 4:20 (Laws of Trinidad and Tobago) provides that a person arrested shall not be handcuffed except in cases of necessity, or of reasonable apprehension of violence, or of attempt to escape, or by order of a court or magistrate. None of these circumstances were present in this case, and the act of handcuffing amounted to oppressive, arbitrary and unconditional conduct warranting an award of exemplary damages.It is clear that the handcuffing of Singh and Brassington was unlawful and most likely they are entitled to exemplary damages. The lawsuit will follow soon. Share this:Click to share on Twitter (Opens in new window)Click to share on Facebook (Opens in new window)RelatedOp-Ed: Victims of political vendettaMay 11, 2018In “Opinion”SOCU misconduct charges: Singh, Brassington’s legal challenge delayedOctober 23, 2018In “Court”Singh, Brassington appear in court, granted bailMay 8, 2018In “Court” read more

24Sep/19

Steel slag as an alkaline material for acid rock drainage ARD treatment

first_imgSkelly and Loy have reported on a case study in the northeast of Bedford County, Pennsylvania, US. http://www.skellyloy.com/Pressroom/MiningPortal/mp/Volume%20VII,%20Issue%204%20Portal.pdf The costs involved with ARD treatment continue to increase. While passive treatment has been a common treatment, it is not applicable for all sources, depending on water quality and flow rates. Limestone has been the primary alkaline source for passive treatment, but there is significant interest to find additional alkalinity-generating alternatives to avoid the need for active chemical treatment and the associated increase in operating and maintenance needs. Steel slag looks promising. With the potential to expand the applicability of passive treatment and develop a beneficial use of a waste material, Broad Top Township successfully applied for an innovative ex-situ treatment technology grant through the Pennsylvania Department of Environmental Protection Bureau of Abandoned Mine Reclamation to evaluate steel slag from an existing waste pile in Northeastern Bedford County, Pennsylvania, for ARD treatment.Throughout the Appalachian region, studies have been performed and passive treatment systems have beenconstructed using steel slag as an alkaline material for ARD treatment. Steel slag is a byproduct of the smelting process in steel mills and is formed from numerous iron, calcium, and aluminum oxides.Steel slag wastes near ARD areas may be a valuable source of alkalinity. However, past studies have produced mixed results in steel slag’s ability to effectively treat acidic, metal-laden water. While the alkaline characteristics of steel slag may be favourable for passive treatment, the physical characteristics and reactivity of steel slag create unique design challenges for use in ARD treatment. The ARD source must be properly evaluated with the target steel slag material being considered for use in treatment in order to ensure predictable results.The historic Riddlesburg Steel Mill, operated in Broad Top Township, generated significant volumes of steel slag from coke ovens used as part of a steel-making operation. The surrounding area is part of the Broad Top coal fields that were mined with many abandoned sites, resulting in numerous acidic and metal-laden discharges throughout the area’s watersheds. With the knowledge that this supply of alkaline material existed within one of the three area watersheds, grant funding was sought to evaluate the use of steel slag alkaline material as a potential alternative for passive treatment of ARD and general use in adding alkalinity to the area streams to improve water chemistry and create biological habitat.Previous studies indicated steel slag materials can generate high levels of alkalinity (1,500-2,000 ppm) in water within a relatively short period of time. However, steel slag materials vary in both composition and ability to generate alkalinity. Commercially available steel slag from active steelmaking operations is processed for use in water treatment, which adds to the cost of the material as well as the freight costs, based on geographic availability. The grain size of the steel slag plays a key role in the ability of the material to maintain porosity as a treatment bed, but the material also has cementing properties that may cause clogging. Most reported successes that use steel slag as an alkaline treatment have been with clean or slightly acidic water containing very low levels of dissolved metals.Through the use of a relatively clean water source as the carrier for the alkalinity, the steel slag reacts with the water within a treatment bed, imparting alkalinity to the water, which is then either mixed with ARD or an acidic stream, but avoids problems associated with precipitated metals within the treatment material.The project study focused on characterising the Judy Hollow steel slag material, evaluating treatment options for use of the steel slag through bench scale tests, and addressing potential environmental concerns with steel slag. The results of the study conducted in 2008 and 2009 indicate that the Judy Hollow steel slag contains two mineral forms that are the primary alkalinity generation components: calcite (limestone) and akermanite (calcium silicate), with iron as the primary elemental constituent. Before and after use in bench-scale tests, the steel slag was analysed for Toxicity Characteristic Leaching Procedure (TCLP), ASTM extractions, and leachate analyses, which revealed the low leaching potential of the material with all parameters below the Resource Conservation and Recovery Act (RCRA) limits.Bench-scale tests were conducted, both in the field and at Skelly and Loy’s laboratory facility, using the steel slag in contact with rain water, headwater stream flow not impacted by ARD, and ARD sources with high and low dissolved carbon dioxide content. When contacted with the rain water and headwater stream flow, the steel slag material rapidly raised the pH and generated excess alkalinity within one hour. The tests using ARD sources in contact with the steel slag required a few hours to increase the pH and generate excess alkalinity. Because the steel slag material contains calcite, testing also evaluated the use of open vs. closed test systems to evaluate potential benefits of retaining carbon dioxide to increase the dissolution rates.Three steel slag-size fractions were used in contact tests, including: raw (up to 76-102 mm); 13-51 mm screened; and < 13 mm screened material. All three sizes exhibited reasonable hydraulic conductivity that was comparable to the size of limestone commonly used in AMD treatment beds (e.g., AASHTO #57). However, when considering steel slag as a water treatment alkaline material, attention must be given to the gradation of the steel slag for use, type of water to be treated, depth of the steel slag bed, and potential to flush the steel slag bed to maintain porosity. Therefore, with minimal processing other than excavation, sizing, and hauling, the Judy Hollow steel slag may be an economical alternative to limestone as an alkaline source for water treatment in the region.The field tests that used two ARD sources, one net-acidic and another net-alkaline, were revealing with respect to the alkalinity-generating capacity of the calcium minerals in the steel slag. In either a closed or open system, the net alkaline ARD reacted with the steel slag and generated high levels of excess alkalinity over 100 mg/litre within four hours. A closed system worked best for contacting the steel slag with the net-acidic ARD. Within one hour, the pH of the ARD was increased from 3.0 to 7.4, and the net acidity was decreased from 160 to -70 mg/litre.ConclusionsThe Judy Hollow steel slag has existed in large piles in Broad Top Township for many decades adjacent to the historic Riddlesburg coke ovens. Information obtained from the evaluation project indicates that the steel slag is an industrial byproduct containing thousands of tonnes of alkalinity that could be beneficially used in restoring the regional watersheds affected by ARD discharges. With today’s environmental movement towards resource recovery, this steel slag offers an opportunity improve the watersheds with limited financial obligation, conduct recycling and re-use of a byproduct of steel making, and reclaim a steel slag pile.Three primary methods are suggested for additional investigation of the steel slag as an alkaline material in water treatment. The first is the use of rain barrels in the community containing the steel slag material and conveying rain water from roofed areas into the barrels for alkalinity addition to the watershed. The second is by using steel slag in a controlled manner to add alkalinity to headwater streams and springs within the ARD impacted watersheds. Finally, the steel slag would be a potential alternative for direct treatment of certain ARD discharges within a treatment bed as a means of passively treating the low to moderately contaminated waters.Mark A. Williams – mwilliams@skellyloy.comTerry W. Schmidt, P.E. – tschmidt@skellyloy.comBradley R. Shultz – bshultz@skellyloy.comlast_img read more

22Sep/19

Adnan Harmandić refused to play against Serbia

The biggest story after new defeat of the Bosna and Herzegovina is decision of experienced NT member, Adnan Harmandić (29) to refuse to play against Serbia 21:24. Angry because of his status, HSG Wetzlar playmaker doens’t want to enter the game in the second half, when Bosnians lost 16:13 lead against the “Eagles” who made winning series – 10:1 and broke the resistance of home team.Bosnian NT is without any serious result in the past years despite squad is consisted of such names as Tahirović, Terzić, Harmandić, Doborac, Grahovac, Panić, Vražalić, Stojanović, Toromanović and others…Team coached by Dragan Marković lost also the first match of the qualification for the EHF EURO 2014 in Linz against Austria 25:36.source: sportsport.ba Adnan HarmandićBosnia and HerzegovinaHandball in Bosnia and Herzegovina ← Previous Story Women’s EHF CL (Round 4): Four teams in TOP 8 – Viborg HK 0-4 Next Story → Women’s EHF EURO 2012: Official squad announced! read more

20Sep/19

Les bébés peuvent ressentir de la sympathie dès 10 mois

first_imgLes bébés peuvent ressentir de la sympathie dès 10 moisPubliant leurs travaux sur PLoS ONE, des chercheurs japonais ont expérimentalement mis en évidence chez des enfants de 10 mois, un véritable sentiment de sympathie envers autrui.À quel âge apparaît la sympathie chez l’humain ? À la naissance, comme le pensent certains auteurs, qui se basent sur les pleurs “contagieux” des tout-petits en maternité ? Ou vers 2 ans, à l’âge auquel on prend conscience de soi ? Non : dès 10 mois, répondent des scientifiques de l’Université de Toyohashi (Japon), qui viennent de publier les résultats de leurs expériences.À lire aussiMaladie de Charcot : symptômes, causes, traitement, où en est on ?Au cours de leurs travaux, les chercheurs ont suivi un groupe d’une vingtaine de nourrissons âgés de 10 mois. Ils ont montré à chacun de ces bébés une séquence vidéo d’une durée de 20 secondes, où 2 figures géométriques évoluaient : une balle bleue au comportement “agressif”, acculant dans un coin de l’écran un carré jaune faisant figure de “victime”. Les scientifiques ont alors proposé aux bébés le choix entre deux jouets (réels) : une balle bleue et un carré jaune. Dans ce cas de figure, c’est ce dernier qu’ont choisi les trois-quart des enfants. En inversant les rôles dans la séquence vidéo, les chercheurs ont obtenu la réaction inverse : les bébés choisissaient majoritairement la balle bleue. Bref, toujours “l’opprimé”.Pour pousser les observations un peu loin, les chercheurs ont fait intervenir une troisième figure, un cylindre rouge, qui restait neutre, dans la vidéo. Mais ceci n’a pas modifié le choix des petits, préférant toujours l’opprimé. Cette expérience, estiment les auteurs, suggère que les enfants de 10 mois sont capables de constater un conflit, d’en identifier les différents partis et d’éprouver une sympathie spontanée pour la “victime”.Le 22 juin 2013 à 11:03 • Maxime Lambertlast_img read more

20Sep/19

Mark Millars First Netflix Comic Is About Magic

first_img Three months after acquiring Mark Millar’s publishing company Millarworld, Netflix on Tuesday announced a new comic book series from the Scottish writer.Described as “magic meets the mob,” “The Magic Order” follows five families of wizards sworn to protect the world. By day they live among humans—neighbors, friends, co-workers; by night, they are sorcerers fighting evil.“We wanted to make a splash with our first book for Netflix, and this is it,” Millar, chief creative officer at Millarworld, said in a statement. “I love dark fantasy and there’s an enormous gap in the market for something like this.”Issue one of six is expected for release in the spring, available in print via comic stores and other retailers, or online as a digital purchase.Mark Millar’s first Netflix-backed comic hits shelves in the spring (via Netflix)“The Magic Order” re-teams Millar with Marvel artist Olivier Coipel, known for his work on “House of M,” “Legion of Super-Heroes,” and “Thor.”“Netflix hiring Olivier has also made me the happiest guy alive,” Millar said. “I’ve been after him for almost ten years, so to finally have our names in the same book is an absolute honor.”The pair worked together, albeit briefly, during a 2011 attempt to set two Guinness World Records: Fastest Production of a Comic Book and Most Contributors to a Comic Book. Coipel was one of 62 creators who appeared on stage with Millar.Not to be confused with the 29-year-old Scottish soccer player of the same name, Millar is one of the most renowned hitmakers in the business: He wrote for powerhouses DC and Marvel before launching creator-owned Millarworld in 2013.Some of his most-recognizable work—”Civil War,” “Kingsman: The Secret Service,” “Wanted,” “Chrononauts,” “Superior,” “Kick-Ass”—has been, or will be, adapted into feature films. Other notable books include “The Authority,” “Marvel Knights Spider-Man,” “Ultimate X-Men,” and “Ultimate Fantastic Four.”As part of its purchase agreement, Netflix plans to bring Millarworld’s portfolio of characters to original films, series, and kids’ shows, exclusive to the streaming platform.“This is only the third time in history a major comic book company has been purchased at this level,” Millar, who runs the company with his wife Lucy, said in August. Stay on target What to Stream on Netflix This WeekendZach Galifianakis Hits the Road in ‘Between Two Ferns: The Movie’ Trailer center_img Let us know what you like about Geek by taking our survey.last_img read more

19Sep/19

Clark Public Utilities shifts meeting times

first_imgStarting Feb. 7, the Clark Public Utilities Board of Commissioners will regularly meet on the first and third Tuesdays of each month rather than the second and fourth Tuesday.Meetings will still be held at 9 a.m. in the Commission Room at the main office, 1200 Fort Vancouver Way.Jane Van Dyke, board president, said the change was to avoid scheduling conflicts with other public board meetings.“This change will eliminate any overlap with Clark County council and the Port of Vancouver public meetings on the first Tuesday of the month if customers are interested in attending various meetings,” she said.The commission approved the change during its regular Tuesday meeting. Additionally, the board added time for public comment on non-agenda items at the start of each meeting.When necessary, the board also may meet on the fifth Tuesday of the month.last_img read more

18Sep/19

Klopp and Neville rant takes another twist

first_imgGary Neville’s latest suggestion about Liverpool seem not to have gone down well with the German boss Jurgen Klopp following his comments.The United legend suggested that Liverpool’s best shot at delivering the first ever Premier League trophy would come if they didn’t try to juggle every competition this term.When asked about Neville’s recommendation at his Friday press conference, the Reds boss laughed it off and claimed he didn’t fully understand Neville’s logic.“Gary should come over and tell me exactly how that would work,” Klopp said. “You bring your kids in the Champions League? That would be funny!“I don’t want to be too critical because I don’t know exactly how he said it but sitting in an office and talking about football is completely different to doing the job, to be honest.Cristiano Ronaldo, Nemanja Vidic, Manchester UnitedVidic: “Ronaldo is the most professional footballer I’ve seen” Andrew Smyth – September 14, 2019 Nemanja Vidic opened up on how a 21-year-old Cristiano Ronaldo’s professionalism left him stunned at Manchester United.“What did he say about Manchester United in that case? The club he’s more interested in. Nothing?“I don’t know exactly what it means but to focus on one competition can only be if maybe you are already out of the competition nearly.“If it’s late in the season that you see you have a chance to do that or do this and all that stuff.“Last year, for example, we had no chance to focus on one competition because we had to qualify for the Champions League and I don’t think that even Gary Neville would have said: ‘Quarter-finals of the Champions League, let City win’.”last_img read more

17Sep/19

Immigration Officers appointed to guard 43 Dominican Fisherman

first_imgFacebook Twitter Google+LinkedInPinterestWhatsApp Related Items:#43DominicanfishermanGTprison, #DominicanpoachersjailedTCI, #magneticmedianews Facebook Twitter Google+LinkedInPinterestWhatsAppTurks and Caicos, April 3, 2017 – Grand Turk – Border Control Minister and Deputy Premier, Sean Astwood said the eight Immigration officers who were assigned as Prison Service staff were called on to do so due to the unique situation created when 43 Dominican Fisherman arrested for allegedly poaching entered not guilty pleas.All of the fishermen were remanded to prison when they appeared in court a week ago, but are being held at the Detention Center.  In order to assist with overseeing and guarding the Dominicans on remand, the Immigration officers had to be made Prison guards according to law.The men and women from Immigration will continue to function as immigration officers there but are now also appointed by the Governor to the additional role.  The Dominican fishermen were due to reappear in court today.#MagneticMediaNews#43DominicanfishermanGTprison#DominicanpoachersjailedTCIlast_img read more

17Sep/19

Sheriffs Deputy injured in twovehicle crash in Vista

first_img KUSI Newsroom August 27, 2018 VISTA (KUSI) – A two-vehicle crash sent three people to a hospital, including a sheriff’s deputy, authorities said Monday.The crash occurred shortly after 3:10 p.m. Sunday at the intersection of East Vista Way and East Bobier Drive, San Diego County sheriff’s Sgt. Hernan Gonzalez said.A deputy dispatched to investigate reports of a stabbing in the area of Laguna Lane and Arcadia Avenue was traveling northbound on East Vista Way in a patrol SUV with emergency lights and siren activated, Gonzalez said.The deputy entered the intersection of East Vista Way and East Bobier Drive when a 53-year-old man driving a 2017 Lexus SUV entered the intersection from westbound East Bobier Drive and the vehicles collided, Gonzalez said.The deputy was transported to Palomar Medical Center to be evaluated and treated for minor injuries, Gonzalez said.The Lexus driver and a 51-year-old woman riding in the Lexus were transported to Palomar Medical Center with complaints of pain, Gonzalez said.Alcohol or drugs were not believed to be factors in the collision, Gonzalez said.The sheriff’s Vista traffic division was investigating the collision. Posted: August 27, 2018 Sheriff’s Deputy injured in two-vehicle crash in Vistacenter_img KUSI Newsroom, Updated: 10:24 AM Categories: Local San Diego News FacebookTwitterlast_img read more

15Sep/19

Supreme Court refers parttime pensions entitlement case to EU court

first_imgThe Supreme Court has referred to the Court of Justice of the European Union (CJEU) to clarify the amount a retired part-time judge can receive in pension income.The case, O’Brien v Ministry of Justice, relates to retiree O’Brien, who in addition to his work as a barrister also worked on a part-time basis for the Ministry of Justice as a judge of the Crown Court between 1978 and 2005. His position was not salaried, but paid on a fee basis, and the position did not have a provision for a judicial pension on retirement.An EU directive that prevents part-time workers from being treated less favourably than full-time workers was passed into UK law in 2000. These regulations expressly did not apply to fee-paid, part-time judges.In June 2005, O’Brien requested to be paid a retirement pension on a pro-rata basis, comparable to former full-time judges who performed similar work. The Ministry of Justice refused this request. O’Brien took his complaint to the Employment Tribunal (ET) in September 2005. He argued that under the EU directive and its transposition into UK law, he was entitled to a judicial pension.The Supreme Court initially referred to the CJEU in July 2010 to clarify whether it was the position of national law to identify the working relationship of judges with regards to EU law, and also whether national law could discriminate between full-time and part-time judges, or even different types of part-time judges, with regards to pension provision.In 2012, following a response from the CJEU, the Supreme Court upheld O’Brien’s claim. It stated that O’Brien was entitled to a pension on equivalent terms to a comparable full-time judge because no objective justification had been shown for remunerating fee-paid, part-time judges differently to full-time judges. The case was then remitted to the ET to determine the amount of pension O’Brien was entitled to.The ET ruled that the whole of O’Brien’s 27 years of service should be taken into account when calculating his pension, however, the Employment Appeal Tribunal (EAT) maintained that only the service after the deadline for transposing the EU directive into UK law should be taken into account due to EU rules on the non-retroactivity of legal judgements. This would then equate to five years’ service. The Court of Appeal concurred with the EAT, and O’Brien took his appeal to the Supreme Court.Under EU law, a new law cannot apply to legal situations that arise before the law comes into force but it can apply to the future effects of a situation that arose under the old law.In the case of O’Brien v Ministry of Justice, the two parties differ on whether O’Brien’s pension entitlement in respect to his service before the directive came into effect should be regarded as a legal situation that arose under the old law or whether it should be regarded as a future effect of a legal situation that arose under the old law. The latter would mean that the directive would apply to the period before the year 2000.O’Brien presented to the Supreme Court that periods of employment before the directive came into force should be taken into account when applied to situations that arise after it has been transposed. The Ministry of Justice argued that a pension payable under an occupational pension scheme constitutes deferred pay for past work, and therefore accrues at the time of employment. This would mean that the entitlement is fixed at the time it is accrued, rather than being determined at retirement, and so O’Brien would not be entitled to a pension for the 22 years of service he undertook before the directive came into force.In light of these arguments, the Supreme Court has again referred to the CJEU for clarification. It asks that concerning the principle of non-discrimination, does the EU directive require that periods of service prior to the deadline for transposing be taken into account when calculating the amount of retirement pension for a part-time worker, if they would also be taken into account when calculating the pension of a comparable full-time worker?In the judgement, Lord Reed stated: “The majority of the court are inclined to think that the effect of Directive 97/81 is that it is unlawful to discriminate against part-time workers when a retirement pension falls due for payment. The directive applies ratione temporis where the pension falls due for payment after the directive has entered into force. In so far as part of the period of service took place prior to the directive’s entry into force, the directive applies to the future effects of that situation.“However, the Court of Justice has not yet considered the argument that if an occupational pension is treated as deferred pay, the right to which is acquired at the time of the work to which the pay relates, then it follows from the general principle of non-retroactivity that the directive does not alter or affect rights acquired (or, in Mr O’Brien’s case, not acquired) before it was brought into force, there being no provision in the directive which overrides that general principle.”Caroline Jones, solicitor at Browne Jacobson, who is acting on behalf of O’Brien, said: “A majority in the Supreme Court was not inclined to agree with the Court of Appeal. However, since the result was not sufficiently clear cut, a reference to the [European Court of Justice] became necessary. Mr O’Brien welcomes the decision to refer the case and he is optimistic that parity will eventually be achieved for part-time workers with pre-2000 service.“Depending on the judgment of the [European Court of Justice], the effect on the value of the pension for those affected by this appeal could be very significant. As well as ensuring fair treatment for part-time judges, this decision also has wider implications and will be an important yardstick for part-time workers in ensuring that they cannot be treated less favourably than full-time workers in respect of pension entitlement.”Shane O’Reilly, of counsel in the pensions team at Norton Rose Fulbright, added: “The Supreme Court has referred a question to the CJEU, on the principle of non-discrimination between part-time and full-time workers. It will be interesting to see their stance on whether members’ service prior to the date of a legal change should be taken into account, as, if Mr O’Brien is successful, this could lead to additional funding strains for schemes.”Penny Cogher, pensions lawyer at Irwin Mitchell, said: “Looking back now with today’s concerns with gig economy workers being treated like second class citizens, this original exclusion looks extraordinary, as does the fact that it took eight years to gain the successful challenge in the [European Court of Justice]. It is a shame the case continues to rumble on and the Supreme Court was not firmer in [its] judgement about Mr O’Brien’s position. The cost of the Ministry of Justice pursuing this action, with two referrals to the [European Court of Justice] seems to be disproportionate and is probably not one which another UK employer would take.” The Ministry of Justice declined to comment at this time.last_img read more

14Sep/19

Forcing Change A City and Regional Publisher Moves into EMedia with Mixed

first_imgPublishing in Southern California is tough and always has been, Steve Churm says. Churm, the president of Churm Media, a city and regional publisher based in Orange County, remembers a FOLIO: report from 14 years ago. “In 1994 FOLIO: wrote, ‘The streets of Los Angeles would run red with blood if its magazine casualties were made of flesh instead of pulp,’” Churm said at the recent Niche Publishing Conference in Austin, Texas. “It’s more difficult today than it was 14 years ago to make a buck in the magazine industry in Southern California.”Churm should know. Two years ago, he was a $9.5 million company with seven magazines. Two years, two closed magazines and a topline that is $1 million less later, Churm is evaluating a strategy he embarked on to make his company brand centric and not just print centric. Churm, whose company publishes OC Metro, Southland Golf, OC Family and others, was the keynote speaker at the Niche Conference, a relatively new event geared to very small magazines. The event is run by Carl Landau, a publishing entrepreneur known, among other things, for a series of sales-training seminars called Camp Niche Jamboree. This year’s Niche Conference attracted 120 attendees and 17 sponsors. In Steve Churm, who launched his company in 1990, the conference had an engaging, candid keynote. “We embraced the idea that print and online work better together,” he said. “Our own print-centric thinking had gotten in our way.” He embraced that concept even though larger city and regional magazines, perhaps paradoxically, average less than 2 percent of their revenue from online sources, according to FOLIO:’s City and Regional Publishing Survey. To make it work, Churm said, he invested $350,000 to rebuild his Web sites—including an all-new content-management system—and all funded out of cashflow.The result? “We have not seen the payoff,” he said. “Not yet, anyway. We are entrepreneurs, and yes, we are going to fail. But you have to try.”A more promising initiative is the creation of Ripe Orange, an in-house ad agency designed to serve the company’s stable of 2,000 advertisers—many of whom are small and don’t have access to sophisticated creative services, Churm said. In 15 business days, Ripe Orange has booked $40,000 in business, Churm said. Churm offered eight lessons learned in the process of repositioning his company:1. Standalone repurposed content isn’t compelling to anyone. Write and present content for the medium it is intended. 2. Take advantage of being online. There are clever ways to alert readers of other resources.3. Provoke readers, but don’t annoy them online.4. Quality content rules. Provide value and people will come back.5. Every person working on your Web sites should get used to being overworked indefinitely.6. Document, document, document. Programmers and producers are not going to stay with you for long. When they leave, if you haven’t documented, you have a problem.7. Useful is better than cool. Be respectful of readers’ time limitations.8. Fear of failure—you can’t be afraid of making a mistake. “Lee Iacocca said in his book that his regret was that he didn’t fail earlier and more often in his career,” Churm said. “You’ve got to put yourself out there.”last_img read more