I had intended to write something about my recent trip to New York City, and I'm sure I shall. But this morning, while reading the latest "Old Farmer's Almanac," I found a saddening bit of news. Andrew Rothovius died on 28 October 2009.
This is not, perhaps, a name that means much to my readers, but it does mean a lot to me. I first encountered his work about the time I discovered the writings of H.P. Lovecraft --- that is, in High School. Now, for those unaware of (or misinformed about) the oeuvre of the "Sage of Providence," suffice it to say that he was a master not merely of horror, but of atmosphere. He could conjure up the "Dark New England of the Soul" better than anyone since Hawthorne. Himself a "Conservative" unbeliever of the Sanatyana-Mencken variety, Lovecraft epitomised, for me, the spiritual fright that IS the world outside the Church. He had the old Puritans and their descendants down to a tee.
Having finished most of his own writings, I went on to various anthologies that Arkham House had produced of other authors' writings about or in the style of HPL. In one of these, I discovered an incredible essay --- "Lovecraft and the New England Megaliths," by one Andrew Rothovius. What a revelation! In this scholarly AND entertaining article, the author correlated a great deal of Lovecraft's background atmospheric material with authentic New England history, folklore, and archaeology. His sweeping and yet incisive treatment of a very wide and esoteric topic was one of the things that inspired me to become a writer.
Many years later, in the late 90s or early zeroes, I began writing for FATE Magazine. I do not apologise for this: they allowed me to write on topics that interested me; they paid on time (often a rare thing among Catholic publications); and the staff at the time were a jolly bunch, neither believing nor disbelieving in the wonders their writers submitted, but interested in a good story that was none too implausible (their reject file was a hoot!). In any case, one of my fellow writers for the mag was --- Andrew Rothovius. I asked the editor to put us in touch, and a correspondence ensued.
We wrote and spoke frequently on the phone for a few years; I made three pilgrimages out to his home in New Hampshire. I discovered the "Sage of Milford" to be what one might expect from his far ranging work. A little old man with a twinkling eye, half Finnish and half Old Yankee, he epitomised the New England amateur scholar. Mr. Rothovius dwelt in a little house filled with books and papers --- which, unlike most such (including my own!) was neat as a pin. He was a master of the kind of bizarre historical and legendary lore I have always loved, and published innumerable articles in many small journals in these areas.
A marvellous story teller, he regaled me with such anecdotes as the adventures of his cousin, who had been in charge of exhuming the bodies from the cemeteries of the three doomed villages which were submerged under the Quabbin reservoir. These sad hamlets, with their strange Calvinist sects and centuries-long inbreeding, were the actual inspiration for Lovecraft's Dunwich. The cousin was horrified to discover that the skeletal remains showed signs of definite degeneration --- refutation supreme, if any were needed, of Darwin!
He was also a recent and devout convert to Catholicism. Despite being a descendant of the Bishop Rothovius who imposed Lutheranism upon his hapless fellow Finns, he had long and gradually become more and more interested in the Faith. A chance encounter in a shop with a group of the Sisters of St. Benedict Center of Still River, Massachusetts convinced him that he must finally take the plunge, and so he did.
Alas, he moved into a rest home, and we fell out of touch --- for which I feel rather sad. But, I shall never forget him, and am happy to think that God took him just after his favourite time of year, when the leaves of New England are in their autumnal glory. May he too be in that glory of which all on Earth is a mere reflection. Of your charity, please pray for the repose of the soul of Andrew E. Rothovius.
To see some of his work, go to:
http://www.trismegistos.com/MagicalLetterPage/Rothovius/index.html
http://www.almanac.com/content/appreciation-andrew-rothovius
http://www.vanecktillman.com/advisory1b.php
http://www.ledgertranscript.com/article/andrew-e-rothovius
Posted by The City and The World at 10:14 AM 7 comments:
I am truly amazed, sometimes, at the richness of this City's and this Archdiocese's heritage. A stroll around the old plaza, with its statue of L.A.'s founder, King Charles III of Spain, never fails to remind one of this. Olvera Street, for all its touristy-ness, is always a pleasure for me. The old section of La Placita (the first parish, Nuestra Senora Reina de Los Angeles, founded by Ferdinand VII in 1814) --- you can give the new part of it a pass --- with its Perpetually Adored Host---in---Monstrance (formerly flanked until recently by the Spanish and Vatican flags) is perhaps my favourite church in a city fille some really lovely ones. The Spanish heritage, expressed in Missions, Rancho Adobes, Presidios --- and the living expressions of fiestas, processions, and food --- are an enormous part of what I love about this City and this State.
Some of the newer churches --- from the sad bulk of St. Vibiana's Cathedral to so many others --- remind one of the hard work of our bishops, from Amat to McIntyre, in building up the Catholic presence here. Our Ethnic and Eastern Rite parishes, apostolates, and societies reflect the worldwide origins of the Catholics of this City, and the presence of St. Mary of the Angels, an historic Hollywood Anglican parish waiting for the Ordinariate, all reflect our "goodly heritage." The advent of the film industry coincided with a rush of extraordinary architectural styles; many old restaurants and bars reflect that era, and for all that seem to close one after another, there always seems to be one more to discover.
But City and State are broke (financially speaking), and social problems are immense; the Archdiocese has suffered doctrinal and liturgical blight since the 1960s --- indeed, in many ways that blight has determined the course of my life.
Nevertheless, it seems that our soon to be Ordinary, Archbishop Gomez, will be a worthy inheritor of this see. May he not only worthily preserve what we have, but use it as a stepping-stone for evagelisation, that the City of Angels may one day be worth of her name.
Posted by The City and The World at 5:52 PM 1 comment:
Oh Empire State!
Although this blog is intended to be Angelenocentric to a great degree, I was born in New York, and that City and its State have always held their place in my heart. Right now I am reading "The World of Washington Irving" by Van Wyck Brooks. Apart from once again marvelling over the sheer beauty of the prose, my mind is wandering back to the skyscrapers and the vales of the Hudson where my memories begin. As a boy I was thrilled by Washington Irving's tales --- had they not happened, so many of them, near where we were? And the stories and weird lore of the Dutch settlers, the battles of the Revolution, the Loyalists, Major Andre, the beautiful old mansions between Albany and the Bronx, the colonial taverns and cemeteries, and so much more! All of these remained firmly in my head when we came out here, and linger still. The memories of Autumn and Winter, Hallowe'en and Christmas, buoyed me up in the withering heat of an L.A. Summer.
But that sense of exile is, perhaps, an integral part of being an Angeleno. For people born and raised here, the Southland is simply their home. But for the millions more who have come from elsewhere --- or who so came in the past, to include the first settlers --- the sense of being shipwrecked on an island, so to speak, is a defining one. Our Autumsn, although lacking the brilliant leaves, are dreamy and mellow in their own way. Now that Autumn is here at last --- enjoy it!
Well, ladies and gentlemen, behold my second attempt at blogging, launched on the feast of St. Maurice and the Theban Legion! What I will seek to address is whatever if find of interest in the City (in this case, the City of Los Angeles and its environs) and the world. We stand at a very bizarre and unusual time. Although the Recession has ended, as our government assure us, and prosperity is just around the corner, one might think otherwise given the reality in which most of us live.
The Pope has just completed a triumphant tour in Scotland and England, the snow of the White Witch is just beginning to melt in the Angeleno Narnia, and I turn 50 in November! Stay tuned!


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Bird flu virus 'still smoldering,' U.S. expert says
By Caleb Hellerman
A year ago, headlines were screaming about a looming disaster: the rapid spread of bird flu across two-thirds of the globe. The H5N1 strain of the virus was killing more than half its human victims. Experts were urging the government to stockpile medicine and experimental vaccines.
Dr. Robert Webster, whose vaccine the U.S. government plans to use in case of an outbreak, told CNN at the time, "If this virus learns to transmit human to human and maintains that level of killing, we've got a global catastrophe."
That worldwide pandemic hasn't yet materialized, and bird flu has been out of the headlines for a while. But we may be in for another round of news.
Last week South Korea announced two new outbreaks in poultry. And Dr. Timothy Uyeki of the U.S. Centers for Disease Control and Prevention said he's bracing for another surge in human infections. "When the temperature drops and the humidity drops, that's when you start seeing more poultry outbreaks. And when you see poultry outbreaks, that's when you see human cases."
"It's still smoldering," said Dr. Anthony Fauci, who heads U.S. scientific efforts to combat bird flu. "What it hasn't done, much to our relief, is to become more virulent or better able to transmit from person to person."
Three recent papers in the New England Journal of Medicine illustrate serious roadblocks to understanding and controlling the virus. The first describes three clusters of cases within families in Indonesia, eight patients in all. In two of the clusters, the authors said it's quite possible one person caught the disease, then passed it to family members.
One of those families was profiled in "Killer Flu," a CNN program last December. Rini Dina, a 37-year-old woman in a Jakarta suburb, died of an H5N1 infection, and her 8-year-old nephew, Firdaus, was hospitalized with fever for 10 days. Indonesian health officials said Rini was probably infected by tainted fertilizer in her garden. Firdaus had no direct contact with birds or the garden, but cuddled with his aunt on a couch while she lay shivering with fever. According to medical detectives, that's probably how he got sick.
"We can't prove it, but it probably happened," said Dr. Uyeki, who helped an Indonesian team with the investigations. Worldwide, about a third of all cases involve family clusters and there are a handful of cases where the virus likely passed from person to person, he said.
As a clinician, Uyeki has also helped to examine bird flu patients in Indonesia and Vietnam, the only U.S. doctor to do so. As the virus evolves, he said, its symptoms are evolving as well. "The clinical features in 1997 were different than what they are now. We're seeing less diarrhea, and in Indonesia, it's been much more fatal." Other, more common symptoms are hard to distinguish from other infections -- fever, aches and coughing, and shortness of breath and pneumonia as the illness progresses.
Simply making a diagnosis can be difficult. A second NEJM paper describes eight human patients in Turkey, all of whom initially tested negative for H5N1. The first samples were taken by swabbing the patients' nasal passages. That's standard for most influenza tests, but Uyeki says the H5N1 virus embeds itself deeper in the throat and lungs.
In Turkey, all the patients had been in contact with sick birds, so doctors were looking for H5N1. But in less-suspicious cases, a delay could be fatal. The only known treatment is the drug oseltamivir, sold as Tamiflu. While data are scarce because of the small number of human cases, most experts believe Tamiflu can lessen the symptoms of bird flu -- as it does with typical influenza - but only if taken in the first two days after symptoms appear.
In a commentary published with the two articles, Webster and another prominent flu expert said efforts to eradicate the virus, through killing infected chicken flocks or by vaccinating poultry, have largely failed. Worse, they said, many vaccines used in Asia are of poor quality and are pushing the virus to mutate faster, in potentially more dangerous directions.
So far, H5N1 hasn't gained the ability to easily infect humans, but eyebrows went up during an outbreak in May, on the Indonesian island of Sumatra. Bird flu infected eight people in a single family, killing seven of them. The World Health Organization concluded the illness had spread among the victims, but said genetic testing did not show major changes in the virus. Fauci said the H5N1 virus is indeed "a moving target," but that the existing vaccine provides at least some protection against the different strains. Work on more advanced vaccines is ongoing, he said. "Our capability is getting better and better, but it's not going to happen overnight."
"It's been a really rare human disease to date," Uyeki cautions, but "who can predict what's going to happen? We better continue to monitor and plan. To ignore this would be insane."
Caleb Hellerman is a producer with CNN Medical News.
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Firdaus Baskara, 8, of suburban Jakarta, Indonesia, survived bird flu. He's believed to have contracted the illness from his aunt.
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The Threat of Bird Flu
BIRD FLU BY THE NUMBERS
Of 74 confirmed cases of bird flu in Indonesia this year, 56 have been fatal.
As of November 29, 111 cases have been reported worldwide this year, 76 of which were fatal. That compares with 97 cases in 2005, of which 42 were fatal.
As of November 29, the World Health Organization has confirmed a total of 258 human cases, 154 of which were fatal. That's a mortality rate of 59 percent.
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Protecting the Sovereign? The rules of competence and compellability remain a mystery – Robin Callender Smith
March 11, 2022 / INFORRM / 0 Comments
Nearly three and a half years have passed since my original Freedom of Information (FOI) request to see the advice that led to Paul Burrell's 2002 Old Bailey trial being abruptly stopped when the Queen was at risk of being called as a witness. The final answer is "no, you can't see it."
The issues were previously examined in my July 2019 Inforrm post here .
Mr Burrell had been acquitted on three charges of alleged theft of items from estate of the late Princess Diana. I asked for the legal advice relating to the competence and the compellability of the Queen to give evidence at the trial.
The Information Commissioner (IC) agreed this advice should be made public. She decided that "there was a stronger public interest in the public knowing about the competency and compellability regarding whether the Sovereign can be called as a witness in court proceedings than the public interest in withholding the information."
The Crown Prosecution Service (CPS) appealed against this decision. After promptings this week to make my final – and unsuccessful – appeal judgment public, it is now available as Robin Callender Smith v The Information Commissioner and the Crown Prosecution Service EA/2019/0275. This case citation is misleading because the IC supported and joined my appeal in its first stage and simply did not take part in the second stage. I pay particular tribute to the articulate tenacity of Will Perry, Counsel for the IC before the First Tier Tribunal (FTT) on 23 September 2020, who stood in at short notice for a colleague.
Upper Tribunal Judge Rupert Jones decided that the qualified Section 42 FOIA (1) exemption given to Legal Professional Privilege (LPP) prevailed to deny my request.
[58] In this case there was a sensitive balancing exercise to perform between the pro-disclosure public interest in the public discovering what advice the CPS has received on the rare but constitutionally significant issue of the compellability and competence of the monarch, and the non-disclosure public interest in securing and maintaining legal advice privilege between two of the most senior prosecuting lawyers in the UK. …. In conducting that exercise the FTT interpreted and applied the proper principles of law and reached evaluative conclusions it was entitled to reach applying on the evidence before it.
[59] The public interest balance struck by the FTT was not the product of any error of law. Therefore, its decision must stand that the requested information should not be disclosed being exempt LPP material for the purposes of section 42 of FOIA.
So, despite a highly-publicised trial that cost the public at least an estimated £1.5m, the same public is not allowed to see the advice from Senior Treasury Counsel that led to the plug being pulled on the criminal proceedings.
While inevitably I sound like a sore loser, I find that decision astonishing. In my opinion, this decision reinforces the perception that the qualified s.42 (1) LPP exemption – with its surrounding caselaw – now has the almost unassailable status of an absolute exemption.
If the public interest elements in this particular request did not operate to tip the balance towards publication, then when?
As her reign reaches a natural conclusion, the fact that we still do not know the answer to this question is bizarre, even more so in the light of recent matters relating to Prince Andrew and questions that may still fall to be answered by Prince Charles as the Queen's successor as sovereign.
This means that we are still not permitted to know the factors that determine whether or not the Sovereign is competent and compellable to give evidence in court.
Dr Robin Callender Smith is Honorary Professor of Media Law at the Centre for Commercial Law Studies, Queen Mary, University of London. His book 'Celebrity and Royal Privacy, The Media and the Law' was published by Sweet & Maxwell in December 2015.
Robin Callender-Smith
IPSO: Analysis of rulings in 2020 exposes the ineffectiveness of the press complaints handler – Hacked Off
Global Freedom of Expression, Columbia University: Newsletter, w/e 12 March 2022


https://publichealth.ouhsc.edu/Alumni Parent Page: Alumni id: 25786 Active Page: Hazel Lonewolfid:26239
HOME / Alumni / Distinguished Alumni Award / 2020 Distinguished Alumni / Hazel Lonewolf
2020 Departmental of Health Administration and Policy Young Alumni Professional Award
The 2020 Young Alumni Professional Award for the Department of Health Administration and Policy goes to Hazel Lonewolf, DrPH, MPH!
Dr. Hazel Lonewolf is a 2005 MPH and 2015 DrPH alumna of the Hudson College of Public Health. Dr. Lonewolf has been a staff member at Oklahoma City Indian Clinic (OKCIC) for over thirteen years. She currently serves as Chief Quality Officer, overseeing the Department of Quality and all quality activities of the organization.
Dr. Lonewolf started her career at OKCIC early in 2007 as an Epidemiologist. As quality initiatives grew and the Quality team grew in number, she was promoted to Director of Quality. Continuing her educational pursuit, she earned her doctorate and was later promoted to Chief Quality Officer. Dr. Lonewolf serves as the Chair of the Quality Improvement Committee at OKCIC.
A graduate of Leadership Oklahoma (LOK) Class 31, Dr. Lonewolf has travelled the state connecting with other community leaders whose commitment to service and excellence will help energize all Oklahomans to help positively shape our future (mission of LOK). She also serves as a member of the Oklahoma City Area Office IHS Institutional Review Board (IRB), helping to provide human subjects research protections to American Indian patients.
Dr. Lonewolf served on the OQF (Oklahoma Quality Foundation) Board of Examiners for three years before moving on to become a national examiner for the Malcolm Baldrige National Quality Award, which she did in 2018. When she began her service, she introduced the Baldrige framework to OKCIC, which eventually led to OKCIC becoming an OQF Leadership in Excellence winner in 2018. This achievement qualifies OKCIC to apply for the MBNQA, which Dr. Lonewolf submitted in early 2020.
In 2013, Dr. Lonewolf implemented the Care Bear Recognition Program that morphed into the ConnectFour Employee Recognition program. ConnectFour is a system that allows OKCIC staff members to recognize other staff members for demonstrating one or all the core values of OKCIC.
Also, during 2018, Dr. Lonewolf worked with Human Resources to create and implement a quarterly performance evaluation process that encourages feedback throughout the year, rather than only once per year. At this same time, she helped establish production measures for every department/individual within the organization. These measures were used as part of the performance evaluation process and tied back to a strategic initiative or core value. Another improvement effort initiated in 2018 by Dr. Lonewolf is LEAN/Six Sigma training. In 2018, OKCIC began the process of conducting initial LEAN/Six Sigma training with every staff member. LEAN/Six Sigma will be used for organization-wide process improvement efforts.
A crowning accomplishment of Dr. Lonewolf and the QI team is the introduction of a PDSA Fair. Once all staff members were conducting PDSAs, Dr. Lonewolf wanted a "showplace" for staff members to share their PDSAs with other staff members. In January 2017, the first annual PDSA Fair was conducted. In 2018, OKCIC invited and hosted community members, leaders from OKC Area Office, and other Indian Health Services/Tribal/Urban Indian Healthcare facilities in the Area. This is a tradition that will continue after the positive feedback received from visitors. Even though the fair started as a way to keep staff member informed of best practices within the organization, it quickly became evident that there was a great deal of value in sharing these projects with leaders outside of OKCIC to allow for the ideas to spread and add value to other organizations.
Through Dr. Lonewolf's leadership, OKCIC's Quality program has evolved into something that has an Area Impact. Through the development and sharing of best practices, OKCIC is able to positively impact care across the Area and sometimes the nation. Dr. Lonewolf's forward-thinking strategy for quality improvement has been life-changing to OKCIC as an organization and as a leader in healthcare. Dr. Lonewolf's work not only support's OKCIC's mission, vision and core values, but also IHS's mission to raise the physical, mental, social, and spiritual health of American Indians and Alaska Natives to the highest level. For all these reasons, in 2019 Dr. Lonewolf was the recipient of the Area Director's Individual Area Impact award.
Dr. Lonewolf has volunteered her time at Big Brothers Big Sisters, the Oklahoma Quality Foundation, and the State of Oklahoma's American Indian Community of Practice as well as the Constitutional Committee for the Kiowa Tribe of Oklahoma. These qualities of volunteerism and leadership through example allow her work to expand beyond her own direct actions organizationally, regionally, and even nation-wide to fulfill the OKCIC's vision "to be the national model for American Indian health care."
Here are a few excerpts from her nomination letters:
"It is not only her professional accomplishments, though they are many and most-deserved; but also her personal characteristics including being peerlessly principled, highly professional, and incredibly inspiring as a co-worker and leader."
"OKCIC is proud of our robust Quality program, with integration throughout the organization; the overall success of the program lies squarely upon Dr. Lonewolf's leadership. She will tell you that it was all a team effort, and it is true that she needs a team of people to help achieve all that she has. However, it is her leadership and insight that has been the driving force behind improvement efforts of OKCIC."
"Dr. Lonewolf is hardworking, creative, of exceptional integrity, and highly intelligent. But above all else, it is her servant leadership and mentorship abilities for guiding others through her example of quality and professionalism which sets her apart from her peers. She unselfishly volunteers her time, talents and resources into strengthening community organizations, as an advocate for those most vulnerable and the underserved."
Please help us congratulate Dr. Hazel Lonewolf for this well-deserved award.


Religion and Bioethics Spring 2020
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Author Archives: Rachael Newman
Rachael Newman's Unit Six Blog: Making Comparisons in Technology and Culture
Tsipy Ivry's book titled, Embodying Culture: Pregnancy in Japan and Israel, is a well-designed double ethnography. Through cultural immersion and the creation of a thick description, Ivry sought out how cultural beliefs weigh into views on prenatal testing and diagnoses in these two non-western, medicalized countries. Ivry performed fieldwork in both Japan and Israel, where she collected her research through four different sources: interviews with ob-gyns, interviews with current and past pregnant women, attending pregnancy classes, and lastly, attending pregnancy events. Ivry learns early on that both pro-natal cultures focus on delivering babies healthily and to full term. Yet, she identifies the different systems and methodologies employed to achieve this shared goal: "Geneticism" versus "Environmentalism." Ivry claims that while Israeli healthcare systems heavily emphasize genetics through the endorsement of prenatal testing, Japanese healthcare systems rather focus on environmentalism by maintaining perfect maternal environments.
Pre-natal testing is more common in Israel than it is in Japan. One reason for this is explained by the directors of the Program for the Prevention of Inborn Abnormalities that "… in Israel 'we are simply tailored to deal with our own problems'" (41) to address and eliminate genetic anomalies unique to Jews. The Jewish population appears to be susceptible to specific diseases and, in the hopes of "eliminating genetic 'Jewish diseases' in the Israeli population" (44), prenatal testing exists to analyze genetic markers in genomes of pregnant mothers. For example, Tay-Sachs disease is a specific genetic disorder associated with Jewish people, and pre-natal testing can detect this disorder during the pregnancy. Given the prevalence of these genetic concerns, I believe it makes complete sense for Israel to advocate for more prenatal testing than other countries, such as Japan, as a means for combating Jewish-specific diseases. Ivry interviewed doctors such as Dr. Ramon, a well-established Israeli ob-gyn who specializes in obstetrical ultrasound, to explain how important and common it is for Israeli ob-gyns to rely on testing, examinations, and all existing prenatal tests as a source of information and education. Doctors must be completely transparent about these options so that their patients are well-versed to make critical decisions about their pregnancies. I believe this level of commitment and investment in the doctor-patient relationship creates the solid foundation to combat genetic pre-dispositions and pregnancy hurdles. The emphasis on pre-natal testing and education is also critical to managing patients that experience high levels of anxiety or hysteria, as supported by Ivry's discussions with Dr. Ramon. Dr. Ramon explains that during bouts with hysteria, patients look to their doctors for comfort and assurances that the pregnancy is normal. As these patients utterly trust their doctors, it appears only right that the doctors want to make sure that all the bases are covered and that technology and testing is fully employed to inform the situation. In Israel, doctors strive to assertively recommend and deploy all the genetic tests available and designed to assess fetus anomalies before birth, while also providing the patient comfort, and striving for healthy births.
Ob-gyns in Japan, in contrast to Israel, focus on the environments of childbearing women rather than genetic testing. Ivry explains that pre-natal routines in Japan consist of "measuring the patient's weight gain, abdominal circumference, and funcal height." (84) Additionally, Japanese ob-gyns take "taijukanri", weight supervision, exceptionally strictly. The Mother-Child Health Handbook is a book given to all Japanese pregnant patients at the first pre-natal visit. In this handbook, mothers record their weight, meals, temperature, and many other things that is a departure from how pregnancies are followed and recorded by Israeli doctors. While both Japan and Israel are striving for the same goal, the Japanese approach to pregnancy is largely based on environmental factors and the Japanese healthcare system places significant importance and responsibility on ensuring that these environmental factors are properly measured and observed during the pregnancy. I found this chapter of the book extremely interesting because I was unfamiliar with these principles of Japanese healthcare. The early distribution and depth of the Mother-Child Health Handbook shows how vital the environment is on Japanese pregnancy. By contrast, as Ivry points out that, in Israel, there are no such written disclosures or guidelines during the pregnancy and any sort of disclosures about how to care for the baby are only handed out to patients after a successful birth, never before. Also, Ivry writes that the well-being of Japanese babies is entirely dependent on the environment, "kanya" of their mother. If the environment is not well-kept, or if the fetus is underweight, or overweight, the teachings tell the mother that the baby may not be born healthy or birthed to full term. Genetics do not appear to be a primary concern. You can even see this point through the language used in some of the interviews. A specific interview with Dr. Ootsuma intrigued me. Ootsuma said "Maternity checkups are not free of charge, so from one visit to another the mother should check herself, how much she has gained …" (92) It is evident that mothers play the central role in determining the outcome of their pregnancy, and doctors do not prioritize the discussion of or recommend pre-natal testing with their patients because they believe that keeping the mother in healthy shape is much more valuable and impactful on the fetus.
Ivry noted many other interesting differences between the Israeli and Japanese health systems. One that stood out to me involved the differences between the ob-gyn offices. In Dr. Ramon's waiting room in Israel, there was a mural that read, "'Aloka (a popular ultrasound technological brand) gives birth to perfection'" (46). This contrasts to the waiting room of Dr. Oikawa in Japan where on his waiting room's wall there "was a colorful placard of the food pyramid, with a digital scale just below it." (84). She noted that women would routinely walk into the office and weigh themselves on this scale. These two contrasting environments illustrate the varying frameworks of the healthcare systems' approach to pregnancy. Just viewing these two waiting rooms, the difference in priorities that each culture places on genetic testing and natural environmental factors is plainly obvious.
The book raises the interesting question of whether either approach is better than the other to ensure a healthy pregnancy. I wonder whether the similarities of the Israeli and Japanese approach are more important that the differences. I question whether cultures that place an emphasis and importance on pre-natal care, whether driven by genetics, environment or simply education, is sufficient to trigger mothers to take pregnancies seriously and to be mindful of their health during the pregnancy. I would be curious to compare whether the percentage of healthy births dramatically differs in both countries and whether either approach is more effective. In her first chapter of the book, called, A Risky Business, Ivry reports on a pregnancy event speech given by Dr. Cohen in Israel in which he readily conceded that ultrasound technology is not perfectly designed to identify every anomaly. In her third chapter, Japanese Prenatal Care, Ivry suggests that "[a] body that can give a good birth is the result of the continuous hard work of "bodybuilding""(92). But, a healthy mother does not guaranty a healthy birth, and I believe that it is the emphasis on healthy pregnancies is the common denominator that motivates both communities to manage their pregnancies with the goal of healthy births.
Questions for Class Discussion:
-How do Japanese and Israeli Americans view pregnancy and new reproductive technologies?
-Do they carry the cultural perspectives that are outlined through this book?
-Do you believe that pre-natal testing mutes diversity of disabled people?
Ritu Shah, Unit 8: Abortion Revision
Ritu Shah, Unit 8: Abortion
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Priscilla Lin's "Unit 9: What's Motherhood Got to do with it?" Post
Taylor Robinson: Unit 9 – What's Motherhood Got to do With It?
Himani Shetti on Joanne Wu – Unit 7: Inventing Bioethics
Himani Shetti on Nadia Paylor Unit 9: Motherhood
Himani Shetti on Ritu Shah, Unit 8: Abortion Revision
Himani Shetti on Unit 10: Surrogacy, Ethnography, and Bioethics – Jesse Rosen


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Biden doubles refugee admission quotas
Christian Fernsby ▼ | October 9, 2021
Joe Biden has doubled refugee admission quotas from 62,500 people to 125,000 during the 2022 fiscal year began on October 1, according to the statement made public by the White House.
"The admission of up to 125,000 refugees to the United States during Fiscal Year (FY) 2022 is justified by humanitarian concerns or is otherwise in the national interest," the American leader stressed. It is planned to admit 10,000 refugees from Europe and Central Asia.
Earlier, the government warned the Congress that it intended to raise the admission quotas. ■
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Nick Schlekeway
Being immersed in a self-propelled, start-up oriented family his entire life, Idaho native Nick Schlekeway is a true visionary entrepreneur. Rigorous physical training combined with high academic accomplishment from a young age instilled the kind of... Read more
Being immersed in a self-propelled, start-up oriented family his entire life, Idaho native Nick Schlekeway is a true visionary entrepreneur. Rigorous physical training combined with high academic accomplishment from a young age instilled the kind of self-mastery and work ethic only true leaders possess. After leading Boise State Football as a team captain to the 2007 Fiesta Bowl Championship victory over the University of Oklahoma, Nick entered the real estate industry during his tenure as a Boise firefighter. Four years later, he now is founder and CEO of Amherst Madison, the third-largest independent—and fastest-growing brokerage—in Idaho. His passion for excellence and drive for victory pushes him to conquer new frontiers while providing fulfilling careers and a dynamic culture for his agents. Nick's early work includes breaking ground on construction sites with his general contractor father, distributing flyers for his mother's salon business, and assisting both parents with residential property management and leasing. Nick was an all-state athlete, state Football champion, and 4.0 valedictorian at Eagle High School, where he was inducted as a Hall of Fame member. Also an Academic All-American, All-Conference football player at Boise State, he graduated in seven semesters with a 3.9 GPA and bachelor's degree in Business Management. Most recently, Nick has continued to pursue academic distinction by graduating with honors and earning a master's degree in Real Estate Development and Leadership from 20th-ranked Georgetown University—all while doubling the size of his growing company during those two years. Prior to founding Amherst Madison, Nick was hired first of 1,750 candidates as a firefighter for the City of Boise. Nick served the citizens of Boise from 2008-2012 as a certified Hazardous Materials Technician, Emergency Medical Technician, and Firefighter III, with certification to "swing up" to Driver Engineer. His experiences as a firefighter, in addition to his time volunteering as a student-athlete at Boise State, were instrumental in building a desire to give back to his community and serve others. Having overcome significant personal struggles and loss, Nick holds a high respect and fascination for leaders who maintain bravery in the face of opposition and see the opportunity in times of challenge. Building upon the foundation of a life without limits, Nick continues to lead as an inspirational example, driven to create a positive impact on other's potential through public speaking, mentoring, and personal development. His own self-discovery and perseverance have been largely influenced by numerous mentors and role models, including Jim Rohn, Steve Jobs, Tony Robbins, Marcus Lemonis, and his parents. From winning state championships in high school, to defeating Oklahoma in the famous 2007 Tostitos Fiesta Bowl, to safely extinguishing a dangerous structure fire with his crew, to professional wins in the boardroom; Nick has found that nothing compares to the satisfaction of accomplishing big things with great people. https://www.linkedin.com/in/nickschlekeway http://www.amherstmadisonlegacy.com/agents/18948-Nick-Schlekeway
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Google developing SDK to make Android the standard for wearables
Jordan Novet@jordannovet	 March 9, 2014 12:40 PM
Above: Google's Android Chief Sundar Pichai
Image Credit: Dylan Tweney/VentureBeat
Google wants to make it easier for lots of wearables to run on the Android operating system.
In about two weeks, the tech giant will release an Android software-development kit (SDK) for wearable devices. This comes from Sundar Pichai, Google's senior vice president of Android, Chrome, and apps, today at South by Southwest in Austin, Texas.
"We'll lay out a vision for developers as to how we'll see this market working," Pichai said, according to a report from The Verge.
Sure, Google has turned out the Glass wearable device, but lots of other companies, like OnBeep or Vuzix, have been working on wearables, too. They might be running different operating systems. So developers writing apps on those operating systems are essentially working in isolation, not inside a common ecosystem.
Wearables will be a big topic of discussion at our upcoming VentureBeat Mobile Summit on April 14 to April 15 at Cavallo Point Resort in Sausalito, Calif. It's an invite-only gathering of 180 top mobile executives.
A common SDK could lighten the burden on wearable makers to do everything on their own.
"We want to develop a set of common protocols by which they can work together," Pichai said in The Verge report.
At the same time, the move could turn Google into the enabler of a wearable platform, just as it's made Android a common platform for mobile phones and tablets, alongside Apple. Perhaps Apple will want to cook up a wearable SDK of its own soon, to keep Google from running away with wearable market.


Leaving Cars Behind, Seniors Find Streets Inhospitable
A recent poll conducted by AARP finds that Americans over the age of 50 are cutting down on car trips due to rising gas prices, but are finding public infrastructure, or lack thereof, to be an obstacle.
Almost one of every three people (29%) polled say they are now walking
as a way to avoid high gas prices. But as those people set out to walk,
almost 40% of the 50+ population say they do not have adequate
sidewalks in their neighborhoods. Additionally, 44% say they do not
have nearby public transportation that is accessible. Almost half (47%)
of poll responders say they cannot cross the main roads safely – 4 in
10 pedestrian fatalities are over the age of 50.
Still, 40 percent of poll respondents say they have walked, biked, or taken public transit more frequently since gasoline prices began trending upward. More than half, 54 percent, say they would use alternate modes of transportation if conditions were improved.
As older New Yorkers can attest, impediments to car-free mobility are not exclusive to suburbs and exurbs. Washington, DC, for example, ranks ninth — better than Arizona but worse than Florida — in pedestrian fatalities among those over age 65, according to AARP. (New York state is third worst, behind Hawaii and Alaska.)
With some 35 million members, AARP is a formidable lobby. As a member of the National Complete Streets Coalition and backer of legislation that would steer federal funds toward making roadways accessible to all users, it promises to be a player in next year's big transportation appropriations bill.
Photo: Tuan Phan/Flickr
Filed Under: Bicycle Infrastructure, Bike/Ped, Elderly & Disabled, Gas Prices, Pedestrian safety, Transit, Transportation Policy
Study: Most Car Owners Wish They Didn't Have to Drive
By Kea Wilson	| Mar 19, 2020
Most people who get behind the wheel every day don't want to be there, a new survey shows.
Millennials Will Drive More As They Age, But Still Less Than Their Parents
By Tanya Snyder	| May 14, 2013
At some point over the past few years, a lot of my friends started moving to Silver Spring and Takoma Park and Falls Church. These inner-ring, transit-connected suburbs of DC are still far less compact and walkable than the neighborhoods my friends moved from. So they bought cars. Why did they do this? They're entering […]
Op-Ed: Fed Transport Policy Undermines Climate Progress
By Emily Mangan	| Sep 18, 2019
Democrats and Republicans remain deeply committed to antiquated policy that undermines any action we take on climate change: spending billions to build new highways, encouraging more and more driving.
NRDC Poll: Americans Support New Transit Twice as Much as New Roads
By Tanya Snyder	| Sep 12, 2012
When asked what would solve traffic problems in their community, 42 percent of Americans say more transit. Only 20 percent say more roads. And 21 percent would like to see communities developed that don't require so much driving. Two-thirds support local planning that guides new development into existing cities and near public transportation. That's the […]
"Crisis" Mode AAA Urges Panicked Drivers to Take Transit
By Brad Aaron	| Apr 23, 2008
Drivers, elected officials and the Daily News are freaking out as city gas prices hit $4 a gallon. The hysteria has reached such a pitch that AAA New York is doing the unthinkable, advising drivers to reduce consumption. It costs so much to fuel up that the American Automobile Association is urging its members […]
Calling on Fans of Transit: Get in the Game
By Rob Perks	| Oct 19, 2012
Rob Perks is the transportation advocacy director at the Natural Resources Defense Council. As someone who commutes to work on the Metro, I'm a big fan of public transportation. Earlier this week, as I was persusing the sports section of the Washington Post, I read a great story about a super fan. His name is Joel […]


Browse > Home / News from Scotland / Navy and Notre Dame finally crossed paths in 1914.
Navy and Notre Dame finally crossed paths in 1914.
Taken from Irish Central:
Without Navy, Notre Dame may not still exist
Without Navy, Notre Dame may not still exist. In spite of its on field success, Notre Dame fell on hard times in World War II. The school's population dwindled to a depression era number of 2,623 students in 1943 and a 20 percent reduction in five years led to stark financial problems for the school.
Then the Navy came to Notre Dame's rescue.
According to Notre Dame president Hugh O'Donnell, the school "offered all of the facilities of this institution to the government. In April of 1943 the V-7 Indoctrination School was created and the first group of 900 men, all college graduates enlisted for one month as apprentice seamen." [PNDP 30-Mi-02; "Notre Dame's Naval ROTC Unit," Notre Dame, Fall 1959].
The late Notre Dame Vice President, Emeritus Joyce, also shared the same sentiments of Navy's importance to the school. "All I can say is without the Navy during the war, this institution would have gotten down to a few hundred students.
"Instead of that, we were almost twice our normal size during the war, and we were able to contribute something to the Navy."
The navy signed a contract with the South Bend-situated school at the time, guaranteeing $487,711 for its infrastructure needs and administrative expenses.
Notre Dame has never forgotten Navy's kindness and support in its time of dire need. In fact, in the 1950s and 60s when colleges across the country en masse were ending their ROTC programs, Notre Dame stood by Navy and allowed its University to serve as a base for college naval recruits.
These warm mutual feelings are put aside when Navy and Notre Dame face off on the gridiron. Reverend Emerald Joyce said it best, "Gee, I wish the Navy would win — but not this year."
The relationship of course stretches back much further. Pre-World War I, both schools were planting the early seeds of their respective college football programs. In 1887, Notre Dame was defeated in its first ever game againstMichigan, 8-0, and finished its first three seasons with a respectable 31-15-4 (though some of these victories were notched against high school teams).
Its identity was shaped in these formative years as it is commonly believed Notre Dame was given its nickname by a rowdy group of Northwestern fans shouting "Kill the Fighting Irish. Kill the Fighting Irish" during halftime of a game in 1899.
As Notre Dame was off to an auspicious start, Navy threw its helmet into the ring and in 1890 began its football program against Army.
Playing inWest Point, the Midshipmen got off to a winning start by blanking the Black Knights 24-0 in what would be the first of a record straight 112 annual games.
The Midshipmen sunk the Fighting Irish under coach Jesse Harper 20-6 in its inaugural game. This would be a rare loss for the blue and gold that lead the all-time series 71-12-1 and once reeled off a record 43 straight wins against the Midshipmen.
How Navy saved Notre Dame after World War II – the team's shared histories
EmeraldIsle Classichas roots all the way back to 1914
By BRYAN FITZGERALD,Irish Central Staff Writer
Published Friday, August 31, 2012, Read more: http://www.irishcentral.com/sport/How-Navy-saved-Notre-Dame-after-World-War-II–the-teams-shared-histories-168127246.html#ixzz258Ks2BV7
Written by Janet · Filed Under News from Scotland


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Listen BBC Asian Network Radio Live
Other Online Links to listen BBC Asian Network Live: BBC Asian Network
BBC Asian Network is a BBC national radio station orientated towards British Asian life, culture and music in the UK and other topics from a British Asian perspective targeting British Asians aged under 35, while also aspiring towards a broader appeal among all interested in British Asian life whether Asian or not, regardless of age.
Based in St Nicholas Place, Leicester, England with programmes also coming from Mailbox studios at BBC Birmingham and BBC Television Centre, London; it broadcasts nationally on DAB and digital TV via satellite, cable, IPTV and Freeview; locally on AM in parts of the English Midlands 24 hours a day and sometimes in some parts of Yorkshire, Lancashire, South East England and Hertfordshire locally: How to Listen.
In more recent years online streaming, Listen Again and podcast options have been introduced on the main site for many of the station's programmes.
BBC Asian Network studio at The Mailbox shopping centre, Birmingham.
In 1977 BBC Radio Leicester, in recognition of the growth of the importance and size of the South Asian population in Leicester, introduced a daily show aimed primarily at that community in the city; its popularity was remarkable, beyond anything anticipated, at one point the audience consisted of 67 per cent of the South Asian community in Leicester. In 1979, BBC WM, the BBC radio station for the Midlands, followed Leicester's lead and introduced a similar daily show.
By 1988, plans had been laid for shared South Asian programmes across the Midlands, on the AM frequencies of Radio Leicester and BBC WM, and on 30 October 1988 The Asian Network was launched on BBC WM and BBC Radio Leicester with a combined output of 70 hours per week.
In 1996 the station was relaunched as 'The BBC Asian Network with its own AM Frequencies in the Midlands. The Editor of the station was Vijay Sharma who is now Managing Editor of the station. The first show on the national station was Presented by Sonia Deol, the programme head was Ishfaq Ahmed who remained with the station through its growth until 2007.
BBC Asian Network goes national
By 2000, the station's output had shifted focus from the Midlands to the UK as a whole, and the station became a truly national network on Monday 28 October 2002 when it was relaunched for the DAB Digital Radio system.
In January 2006, the BBC announced that they were investing an extra �1m in the BBC Asian Network, and increasing the number of full-time staff by 30% in a bid to make British South Asian interests 'a mainstream part of the corporation's output' . The internal structure management structure of the station changed with Bob Shennan the former head of 5Live taking over as controller and a number of new Assistant Editors being appointed.
2006 schedule changes
In April 2006 the first wave of schedule changes were introduced with further changes coming into effect on 14 May and 21 May with weekend changes occurring from 17 June as outlined in the following BBC Press Office Links. Markie Mark became Head of Music at the BBC Asian Network:
The New Schedule
Symbol change
In August 2007, the Asian Network received a new logo as part of a general re-brand of all national BBC stations.[citation needed]
Management 2008
Controller of Radio 1, 1Xtra and Asian Network; Andy Parfitt. Head of Asian Network: Vijay Sharma. Head of Programmes: Husain Husaini. Network Manager: Mike Curtis. Head of Music: Mark Strippel. Head of News; Kevin Silverton
Competition Voting Irregularities
In 2007 a number of irregularities in competitions on British television and radio programmes were the subject of intense press and parliamentary discussion, in the Autumn of 2007 it was discovered that some breaches of editorial guidelines on voting had occurred on some competitions on the Film Cafe programme on 17 February 2007 in which audience voting decisions had been overruled by an undisclosed member of the production staff, one time by mistake, and another time because the winner was not available to appear on the show. The BBC announced that appropriate measures to deal with such issues had since been taken.
Programmes and presenters
The BBC Asian Network features a generally regular schedule of programming in English and South Asian Languages. Many Programmes are named after the usual presenter, programmes are presented in English except where noted otherwise.
Current programmes sharing presenter names
Nikki Bedi (Weekday Lunchtimes).
Jas Rao.
Nihal (The morning phone in programme.
Adil Ray (Drivetime).
Bobby Friction (The Station 'Flagship' music show)
Tommy Sandhu (Weekend Breakfast Show).
Love Bollywood every Saturday and Sunday consisting of News about Bollywood films and other related matters.
Music Programmes on the BBC Asian Network - Music in various styles and in English and in various South Asian Languages
Regional Language Programmes on the BBC Asian Network in Mirpuri, Bengali, Gujarati, Punjabi and in Hindi and Urdu
Devotional Music in various languages on weekdays and Devotional Sounds - Islam/Hindu/Sikh on weekends in various languages.
Silver Street
BBC Asian Network - Special News Reports
Current programme staff
Adil Ray
Ameet Chana
Anwarul Hoque
Ashwini Malhi
Bobby Friction
Changis Raja
Dev Parmar
Dipps Bhamrah
DJ Kayper
Gagan Grewal
Kanwal Qazi
Neelu Kalsi
Nerm
Nihal
Nikki Bedi
Noreen Khan
Raj & Pablo
Jas Rao
Ravinder Kundra
Rozina Sini
Sanjay Sharma
Shawkat Hashmi
Sonia Deol
Tommy Sandhu
Zarina Khan
Sanjiv Buttoo
Nikesh Rughani
Deepak Patel
Gurvinder Aujla
Leah Gooding
Nasser Hanif
Rahila Bano
Mayur Bhanji
Kamlesh Purohit
Maimuna Kazi
Sabin Alderwish
Suki Padda
Rahul Tandon
Adam Pasternicki
Former presenters
Sameena Ali-Khan
Mike Allbut - former T20 presenter and prior to that of the Saturday mid-morning show.
Navinder Bhogal
Amanda Hussain
Aasmah Mir - more noted as a BBC Radio 5 Live Live News Reader and presenter and columnist in the Sunday Herald covered one fortnight in April 2006 on what had been the Sonia Deol show from 09:00 to 12:00 during schedule changes and has also presented the BBC Asian Network Report in the past.
Meera Trevedi
Anita Rani
Former Programmes
Film Cafe every Saturday which consisted of Film News presented by Raj & Pablo, both Film Cafe and Amanda Hussein were replaced by the new four hour programme Love Bollywood in Spring 2007.
Amanda Hussein which consisted of News, Music and Entertainment presented by Amanda Hussein, which replaced Weekend Breakfast which she had also been one of the presenters on (Initially called Hot Breakfast that had been presented by successively by Nikki Bedi, Anita Rani and finally Tazeen Ahmad).
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Morrison v. Nat'l Australia Bank Ltd.: The Supreme Court Rejects Extraterritoriality
Paul B. Stephan
For more than forty years, U.S. courts have applied the antifraud provisions of federal securities law to actors and transactions operating outside the United States. In Morrison v. Nat'l Australia Bank Ltd.,[1] decided on June 24, 2010, the Supreme Court gave a firm and unambiguous rebuke to this practice. It is not enough, the Court stated, that international law may permit such regulation. Rather, Congress must clearly indicate that it wants U.S. law to apply to securities transactions in foreign markets. Shortly thereafter, Congress effectively confirmed this result. In the Dodd-Frank Wall Street Reform and Consumer Protection Act, enacted on June 21,[2] Congress authorized only the U.S. government and the Securities and Exchange Commission, and not private investors, to bring suit with respect to foreign transactions.
Since 1991, the Court has applied a strong presumption against extraterritoriality to force Congress, rather than the judiciary, to manage the risk that U.S.-prescribed rules might conflict with those of other sovereigns. None of its previous cases, however, have overturned such longstanding and extensive lower-court precedent. A petition for certiorari currently before the Court may give it the opportunity to decide next year whether its approach in Morrison applies to the Alien Tort Statute, which the lower courts have embraced as a means for addressing human rights violations.
I. The Lower Courts and Extraterritorial Federal Securities Regulation
Section 10(b) of the Securities and Exchange Act of 1934 provides that it is unlawful to use, in connection with the purchase or sale of a security, "any manipulative or deceptive device or contrivance" in contravention of rules promulgated by the Securities and Exchange Commission (SEC).[3] SEC Rule 10b-5 in turn prohibits fraud, including making untrue statements of material facts or omitting to state a material fact that is necessary to make a statement not misleading.[4] Neither the legislation nor the regulations provide expressly for a right of private persons to sue for compensation when a violation of these rules causes an injury, but since the 1960s the federal courts have assumed that this right exists.
U.S. securities legislation also does not indicate whether Section 10(b) applies outside the territory of the United States, aside from a generic reference to interstate commerce that comprises foreign commerce. But beginning in 1968, a line of Second Circuit cases determined that participants in securities transactions could sue for injury resulting from activities taking place outside the United States, if those activities either have a substantial effect on the value of securities traded in the United States, or if substantial conduct in the United States contributes to a foreign fraudulent scheme.[5] Without exception, the other circuits adopted the Second Circuit's approach, although slight variations in detail emerged. Thus, for more than forty years, U.S. courts have allowed persons injured by foreign activity to bring suits under Rule 10b-5, if they could satisfy either the effects or conduct test.
U.S. regulation of foreign transactions that have an effect on the U.S. economy has been controversial internationally. Beginning in 1945, U.S. courts allowed the Justice Department to sue under the antitrust laws in cases that met the effects test.[6] Australia, Canada, and many European countries, among others, objected specifically to the application of U.S. antitrust law to activity taking place on their territory, and to the effects test in general. They argued that, under international law, a sovereign's power to prescribe rules of conduct was limited to its territory or to its subjects. By the end of the 1980s, however, many countries had come to embrace the effects test as a necessary complement to national economic regulation operating in the context of a global economy. Some still worried about U.S. litigation, however, in part because other countries do not normally allow private suits to enforce public regulation, and in part because aspects of U.S. litigation such as class actions, contingency fees, jury rights, extensive pretrial discovery, and punitive damages seem friendlier to plaintiffs than the procedural rules that apply to civil litigation elsewhere in the world.
II. The Morrison Decision
This dispute arose out of the purchase of HomeSide, a Florida-based mortgage servicing company by National, an Australian bank. After three years of apparent prosperity, HomeSide's business collapsed, and National wrote down the value of the company on its books by more than $ 2 billion. Investors who had purchased National stock before the write-down brought suit against National, HomeSide, and top executives in both companies, claiming that they had covered up news of the losses and thus propped up the price of National stock fraudulently. The district court dismissed the suit, and the Second Circuit affirmed. The Second Circuit noted that the case involved only foreign plaintiffs, securities issued by a foreign company, and transactions in those securities that took place exclusively in a foreign country. Rather than relying directly on these three factors, however, it instead applied a balancing test and determined that the heart of the alleged conspiracy involved a cover-up that took in place in Australia. This center-of-gravity approach dictated dismissal of the suit.
The Supreme Court unanimously affirmed the result, but the majority opinion, written by Justice Scalia, strongly repudiated the lower court's reasoning. In 1991, the Court had restated a presumption against extraterritoriality, which puts the burden on Congress to clearly indicate when it wanted its rules to apply to foreign conduct.[7] That presumption, Scalia wrote, applies to the federal securities laws, notwithstanding the longstanding lower court practice to the contrary. The Court also rejected several arguments made by the Solicitor General as amicus curiae in favor of inferring from the language of the securities laws that Congress expected Section 10(b) to operate outside the United States. Accordingly, the Court ruled that the antifraud rules apply only to transactions involving securities that trade on U.S. exchanges or transactions where ownership of securities changes hands in the United States.
Congressional reaction to the decision was immediate and for the most part supportive. Less than twenty-four hours after the Court handed down its decision, a conference committee completed work on the Dodd-Frank Wall Street Reform and Consumer Protection Act. The bill reported out of conference authorizes the Justice Department and the SEC to bring suits alleging violations of the securities laws with respect to foreign transactions, if there exists "conduct within the United States that constitutes significant steps in furtherance of the violation, or if conduct occurring outside the United States [had] foreseeable substantial effect within the United States."[8] The bill also directs the SEC to study the possibility of extraterritorial enforcement of the securities laws through private litigation.[9] These amendments, which Congress enacted July 15, make clear that, as to private suits such as the Morrison litigation, the restrictions read into the securities laws by the Supreme Court remain in effect.
III. Implications
Morrison represents one more step, although an especially dramatic one, in the Supreme Court's effort to shift the responsibility for managing international regulatory conflicts from the judiciary to Congress. Rather than reading legislation as reaching the full range of transactions permitted under "prevailing notions of international comity," the Court left it to Congress to indicate how much of its extraterritorial regulatory authority it wishes to exercise.[10] Because any extraterritorial regulation has the potential to fray international relations, the Morrison majority insisted on applying a sweeping rule categorically barring the courts from entering into the field without clear congressional authorization. Regulatory gaps that result must await further legislative action.
Morrison also offers the latest evidence of the Court's skepticism of private litigation in aid of public regulation. The Solicitor General had argued that a refusal to extend the securities laws extraterritorially would create a risk that the United States might become a safe refuge for malefactors operating in foreign markets.[11] The Court responded that,
[w]hile there is no reason to believe that the United States has become the Barbary Coast for those perpetrating frauds on foreign securities markets, some fear that it has become the Shangri-La of class-action litigation for lawyers representing those allegedly cheated in foreign securities markets.[12]
Earlier, in an antitrust case, the Court had indicated that a reading of the statutory standing provision so as to exclude certain foreign victims in cases where the United States still had authority to bring suit was consistent with the broader purposes of the regulatory scheme.[13] In both cases, the Court acknowledged the possibility that U.S. rules might produce too much deterrence of business behavior that might not cause any social harm, but could be confused with actionable conduct.
Finally, one must wonder what Morrison implies about other statutes. An area where the issue is likely to arise involves the so-called Alien Tort Statute,[14] the ancient law that the Supreme Court in Sosa v. Alvarez-Machain interpreted as providing some basis for lawsuits brought by aliens for violations of international law.[15] The Justice Department in several briefs has argued that the presumption against extraterritoriality applies to this statute.[16] Scholarly support exists for the argument that Congress adopted this statute to provide a remedy for breaches of international law for which the United States ultimately might be held responsible, which would rule out its application to actions undertaken by or on behalf of foreign states on another sovereign's territory.[17] With at least one petition for certiorari raising this question currently before the Court, it is possible that we will learn in the near future whether Morrison extends this far.[18]
Paul B. Stephan, an ASIL member, is co-chair of the ASIL International Law in Domestic Courts Interest Group, and John C. Jeffries, Jr. Distinguished Professor of Law and Elizabeth D. and Richard A. Merrill Professor of Law, University of Virginia.
About the ASIL International Law in Domestic Courts Interest Group
The purpose of the International Law in Domestic Courts Interest Group is to promote informal, face-to-face dialogue among scholars who are interested in issues pertaining to the application of international law and foreign relations law in domestic courts. The Group convenes a meeting once a year, generally in the fall or winter, to provide an opportunity for interested scholars to present works-in-progress and exchange ideas in an informal atmosphere.
To join this Interest Group's discussion forum, see its Group documents, and access other members' only features, login or join ASIL.
[1] Morrison v. Australia Nat'l Bank Ltd., No. 08-1191 (U.S. June 24, 2010), available at http://www.supremecourt.gov/opinions/09pdf/08-1191.pdf.
[2] Dodd-Frank Wall Street Reform and Consumer Protection Act, H.R. 4173 (2010), available at http://financialservices.house.gov/singlepages.aspx?NewsID=3&RBID=775.
[3] 15 U.S.C. § 78j.
[4] 17 C.F.R. § 240.10b-5 (2009).
[5] See Schoenbaum v. Firstbrook, 405 F.2d 200 (2d Cir. 1968); Leasco Data Processing Equip. Corp. v. Maxwell, 468 F.2d 1326 (2d Cir. 1972); Bersch v. Drexel Firestone, Inc., 519 F.2d 974 (2d Cir. 1975); IIT v. Vencap, Ltd., 519 F.2d 1001 (2d Cir. 1975). All of these opinions aside from Schoenbaum were written by Henry Friendly, perhaps the most widely admired court of appeals judge of his generation.
[6] United States v. Aluminum Co. of Am., 148 F.2d 416 (2d Cir. 1945).
[7] EEOC v. Arabian Am. Oil Co., 499 U.S. 244 (1991).
[8] Dodd-Frank Wall Street Reform and Consumer Protection Act, H.R. Rep. 111-517, § 929P(b). Similar language appeared in the House version of the bill, but not in the Senate version.
[9] Id. § 929Y. This provision appeared for the first time in the conference version.
[10] Morrison, No. 08-1191, slip op. at 23.
[11] Brief of the United States as Amicus Curiae, Morrison v. Australia Nat'l Bank Ltd., No. 08-1191, slip op. at 16-17.
[12] Morrison, No. 08-1191, slip op. at 21-22.
[13] F. Hoffman-La Roche Ltd. v. Empagran S.A., 542 U.S. 155, 169 (2004).
[14] 28 U.S.C. § 1350. This statute is the codified version of language included in Section 9 of the Judiciary Act of 1789. Courts and scholars have characterized it variously as the Alien Tort Statute and the Alien Tort Claims Act, but Congress itself never bestowed a name on this hotly contested provision.
[15] 542 U.S. 692 (2004).
[16] See, e.g., Brief of the United States as Amicus Curiae in Support of Petitioners, Am. Motors Isuzu, Inc. v. Ntsebeza, No. 07-919, slip op. at 12-16.
[17] See, e.g., Thomas H. Lee, The Safe-Conduct Theory of the Alien Tort Statute, 106 COLUM L. REV. 830 (2006) (explaining that this theory is, like most things associated with the Alien Tort Statute, controversial).
[18] Conditional Cross-Petition of Talisman Energy, Inc. for a Writ of Certiorari, Talisman Energy, Inc. v. Presbyterian Church of Sudan, No. 09-1418 (U.S. Sept. 27, 2010).
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Dior Beauty's 3rd 'The Art of Color' Photography & Visual Arts Awards Go Digital & Recognizes 14 Young Talents
Art, News
For its third edition—and in partnership with Luma Arles and the École National Supérieure de la Photographie in Arles—this year's Dior Photography and Visual Arts Award for Young Talents, 'The Art of Color,' recognized 14 individuals. The 11 Laureates and three Jury Mentions were given the theme called 'Face to Face,' creating works representing their interpretations of the theme. Instead of revealing these works in Arles this month, they instead were revealed in a digital exhibition on the Dior Beauty and Luma Arles Instagram accounts, as well as the Luma Arles website.
Double Identité by Pamela Tulizo
Photo Credit: Pamela Tulizo, with authorisation of use for Parfums Christian Dior
The 11 Laureates are as follows:
Alex Avgud, Royal Academy of Arts (The Hague, The Netherlands)—Photography
Eugenia Erendira Gomez Espinosa, Centro de la Imagen (Mexico City, Mexico)—Photography & Video
Li Hanwei, Shanghai Institute of Visual Arts (Shanghai, China)—Photography & Video
Izabela Jurcewicz, International Center of Photography (New York, USA)—Photography
Tatsuki Katayama, Kyoto University of the Arts (Kyoto, Japan)—Video
Seunghoon Lee, Chung-ing University (Seoul, South Korea)—Photography
Loretta Mulders, Royal Academy of Arts (The Hague, The Netherlands)—Photography
Prune Phi, École Nationale Supérieure de la Photographie (Arles, France)—Photography
Pamela Tulizo, Market Photo Workshop (Johannesburg, South Africa)—Photography
Bowei Yang, Royal College of Art (London, United Kingdom)—Photography
Lingxi Yuan, California Institute of the Arts (Los Angeles, USA)—Video
Pamela Tulizo
Photo Credit: Parfums Christian Dior
The three Jury Mentions are as follows:
Takunori Kamiya, Kyoto University of the Arts (Kyoto, Japan)—Photography
Anna Maria Krezel, Academy of Fine Arts (Leipzig, Germany)—Photography
Haiguang Li, Academy of Fine Arts (Leipzig, Germany)—Video
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