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Contemporary Halakhic Problems, Vol III, Part II, Chapter X Vegetarianism and Judaism
Part II, Chapter X Vegetarianism and Judaism
Man will be called to account with regard to everything that his eye beheld but of which he did not eat.
PALESTINIAN TALMUD, KIDDUSHIN 4:12
I. The Ideological Perspective
In Jewish teaching, not only are normative laws regarded as binding solely upon the authority of divine revelation, but ethical principles as well are regarded as endowed with validity and commended as goals of human aspiration only if they, too, are divinely revealed. In his comments upon the introductory section of Ethics of the Fathers, R. Ovadiah of Bartenura questions the import of the initial statement of that tractate, "Moses received the Torah from Sinai and transmitted it to Joshua." That statement would have been appropriate as an introduction to the Mishnah as a whole and, as such, would have served as an affirmation of the divine nature of the Oral Law in its entirety, but it seems rather incongruous in medias res. Bartenura explains the incorporation of this statement at the beginning of Ethics of the Fathers by remarking that, unlike other tractates, Ethics of the Fathers is not devoted to an explication of any particular commandment but is composed in its entirety of ethical maxims. "The wise men of the nations of the world," declares Bartenura, "authored ethical treatises in accordance with the inclination of their hearts." Therefore, this tractate, devoted as it is exclusively to matters of ethical conduct, begins with this prefatory statement in order to indicate that "even these [ethical principles] were stated at Sinai." Accordingly, even though Judaism certainly does not posit vegetarianism as a normative lifestyle, its value as a moral desideratum can be acknowledged only if support is found within the corpus of the Written or Oral Law.
A prooftext often cited in support of vegetarianism as an ideal to which man should aspire is a statement recorded in Sanhedrin 59b:
Rav Judah stated in the name of Rav, "Adam was not permitted meat for purposes of eating as it is written, 'for you shall it be for food and to all beasts of the earth' (Genesis 1:29), but not beasts of the earth for you. But when the sons of Noah came [He] permitted them [the beasts of the earth] as it is said, 'as the green grass have I given to you everything' (Genesis 9:3)."
Some writers have regarded this statement as reflecting the notion that primeval man was denied the flesh of animals because of his enhanced moral status. Permission to eat the flesh of animals was granted only to Noah because, subsequent to Adam's sin, his banishment from the Garden of Eden and the degeneration of subsequent generations, man could no longer be held to such lofty moral standards. Nevertheless, they argue, man ought to aspire to the highest levels of moral conduct and, consistent with such a value system, man should eschew the flesh of animals.
In point of fact, this talmudic dictum is simply a terse statement of the relevant law prior to the time of Noah but is silent with regard to any validating rationale. While the statement in question may well be compatible with a vegetarian ideal, it may quite readily be comprehended as reflecting entirely different considerations. Indeed, the classic biblical commentators found entirely different explanations for the change which occurred with regard to dietary regulations. Thus, for example, R. Jacob ben Asher, renowned as the author of the Tur Shulḥan Arukh, in his commentary on Genesis 1:29, explains that, prior to partaking of the fruit of the Tree of Knowledge, Adam lacked any desire for meat; only subsequent to eating of the forbidden fruit did man acquire a carnivorous nature. Hence the dispensation granted to Noah to eat the flesh of animals simply reflects man's transformed biological needs. R. Meir Leibush Malbim, in his commentary on Genesis 9:3, remarks that Adam was endowed with a "strong" constitution and that the produce available in the Garden of Eden was nutritionally optimal in nature. Under such circumstances, Adam's dietary needs could be satisfied without recourse to meat. Only as mankind degenerated physically as well as spiritually, became geographically dispersed and hence subject to the vagaries of climate, and as the quality of available produce became nutritionally inferior, did it become necessary for man, in his "weakened" state, to supplement his diet with animal products in order to assure the availability of the nutrients required for his biological needs.
An examination of the writings of rabbinic scholars**See end of chapter (p. 250). reveals three distinct attitudes with regard to vegetarianism:
(1) The Gemara, Pesaḥim 49b, declares that an ignoramus ought not to partake of meat: " 'This is the law of the animal … and the fowl' (Leviticus 11:46): whoever engages in [the study of] the Law is permitted to eat the flesh of animals and fowl, but whoever does not engage in [the study of] the Law may not eat the flesh of animals and fowl." This text should certainly not be construed as declaring that meat is permitted only to the scholar as a reward for his erudition or diligence.1This text has also been understood homiletically as underscoring the lesson that man was created to study Torah and that, should he fail to do so, he remains in a spiritual state analogous to that of lower animals. Since such a person has not developed his unique spiritual potential as a human being, he should not regard himself as endowed with superiority vis-a-vis members of the animal kingdom. See R. Isaac Arama, Akeidat Yiẓḥak, Parshat Bashalaḥ, sha'ar 41, and R. Moses Feinstein, Iggerot Mosheh, Ḥoshen Mishpat, II, no. 47, sec. 1. Cf., Maharal of Prague, Netivot Olam, chap. 15. Shevet Mussar, chap. 36, adduces this text in support of his contention that only the pious are superior to animals and hence only the pious are entitled to partake of the flesh of animals. Maharsha indicates that this text simply reflects a concern for scrupulous observance of the minutiae of the dietary code. The ignoramus is not proficient in the myriad rules and regulations governing the eating of meat, including the differentiation between kosher and nonkosher species, the porging of forbidden fat and veins, the soaking and salting of meat, etc. Only the scholar who has mastered those rules and regulations can eat meat with a clear conscience. Indeed, an earlier authority, Rabbenu Nissim, citing R. Sherira Ga'on, explains that an ignoramus is advised to refrain from eating meat because he is ignorant of the proper method of performing ritual slaughter and of examining the internal organs. A similar interpretation is advanced by R. Moses Isserles, Teshuvot Rema, no. 65, who remarks that the ignoramus is not proficient in the laws of ritual slaughter. Maharsha notes that this stricture applies only to the eating of the flesh of land-animals but places no restriction upon the eating of fish, even though reference to fish is also made in the very same biblical verse. The reason for this distinction is that the dietary code pertaining to consumption of fish is relatively simple and can be mastered by everyone, while preparation of animal meat is governed by complex regulations requiring diligent study. Historically, there certainly have been individuals who, depending upon circumstances of time and place, did deny themselves meat, not because of the ethical implications of a carnivorous diet, but because of their concern for inadvertent transgression of provisions of the dietary code. For example, during the early part of the twentieth century, many pious immigrants to the United States declined to eat meat because of the lax standards of kashrut supervision then prevalent in this country. Such individuals adopted vegetarianism as a life-style, but did so because of concern for observance of the technicalities of religious law rather than because of moral considerations.
(2) A number of medieval scholars, including R. Issac Abarbanel in his commentary on Genesis 9:3 and Isaiah 11:7, and R. Joseph Albo, Sefer ha-Ikkarim, Book III, chapter 15, regard vegetarianism as a moral ideal, not because of a concern for the welfare of animals, but because of the fact that the slaughter of animals might cause the individual who performs such acts to develop negative character traits, viz., meanness and cruelty. Their concern was with regard to possible untoward effect upon human character rather than with animal welfare.2See also R. Abraham I. Kook, Iggerot Re'iyah (Jerusalem, 5722), II, 230.
Indeed, R. Joseph Albo maintains that renunciation of the consumption of meat for reasons of concern for animal welfare is not only morally erroneous but even repugnant. Albo asserts that this was the intellectual error committed by Cain and that it was this error that was the root cause of Cain's act of fratricide. Scripture reports that Cain brought a sacrifice of the produce of the land while Abel offered a sacrifice from the animals of his flock. Albo opines that Cain did not offer an animal sacrifice because he regarded men and animals as equals3In contemporary times some advocates of animal rights have adopted precisely this position in arguing that all sentient creatures have equal moral standing. According to this view, there is no moral difference between a man and a dog; hence the pain suffered by dogs must be weighed no differently from the pain suffered by humans. The most influential exposition of the moral equality of species is that of Peter Singer, Animal Liberation (New York, 1977). and, accordingly, felt that he had no right to take the life of an animal, even as an act of divine worship. Abel shared the basic conviction of his brother but nevertheless maintained that man was superior to animals in that he possessed reason as demonstrated in his ability to use his intellect in cultivating fields and in shepherding flocks. This, Abel believed, gave man limited rights over animals, including the right to use animals in the service of God, but did not confer upon him the right to kill animals for his own needs. Abel's error was not as profound as that of Cain, but it was an error nonetheless. And, declares Albo, because Abel shared the error of his brother, at least to the degree of not recognizing the superiority of man over members of the animal kingdom, he was punished by being permitted to die at the hands of Cain. Albo further explains God's acceptance of Abel's sacrifice and His rejection of that of Cain as being directly related to their respective views regarding the relative moral status of men and animals. Cain's error was egregious in the extreme. Hence he was so lacking in favor in the eyes of God that his sacrifice was rejected. Although he was also guilty of error, Abel's sacrifice was accepted by God because his error was not as serious as that of his brother. According to Albo, Cain failed to understand the reason for the rejection of his sacrifice and continued to assume that his own value system was correct but that, in the eyes of God, animal sacrifice was intrinsically superior to the offering of produce. Since Cain remained confirmed in his opinion that man and animals are inherently equal, he was led to the even more grievous conclusion that just as man is entitled to take the life of an animal so also is he entitled to take the life of his fellow man. This position, Albo asserts, was adopted by succeeding generations as well and it was precisely the notion that men and animals are equal that led, not to the renunciation of causing harm to animals and to concern for their welfare, but rather to the notion that violence against one's fellow man was equally acceptable. The inevitable result was a total breakdown of the social order which ultimately culminated in punishment by means of the flood. Subsequent to the flood, meat was permitted to Noah, Albo asserts, in order to impress upon mankind the superiority of man over members of the animal kingdom.
Albo does not explain why the generations after the flood drew the correct conclusion and were not prone again to commit the error of Cain. Rather than recognizing the inherent superiority of man that is reflected in the dispensation granted them to partake of the flesh of animals, they might have concluded that violence against man is similarly justified because men and animals are coequal. It was precisely this conclusion that Cain drew from God's acceptance of animal sacrifice. It may, however, be possible that, at that juncture of human history, the possibility of drawing such a conclusion was effectively obviated. Genesis 7:23 declares that during the period of the flood God destroyed not only man but also every living creature. The Gemara, Sanhedrin 108a, queries, "If man sinned, what was the sin of the animals? Rabbi Joshua the son of Korḥah answered the question with a parable: A man made a nuptial canopy for his son and prepared elaborate foods for the wedding feast. In the interim his son died. The father arose and took apart the nuptial canopy declaring, 'I did nothing other than on behalf of my son. Now that he has died for what purpose do I need the nuptial canopy?' Similarly, the Holy One, blessed be He, said, 'I did not create animals and beasts other than for man. Now that man has sinned for what purpose do I need animals and beasts?' " Those comments serve to indicate that the extermination of innocent animals in the course of the Deluge must be regarded as proof positive of the superiority of man over members of the animal kingdom. Animals could be destroyed by a righteous God only because the sole purpose of those creatures was to serve man. Hence, if man is to be destroyed, the continued existence of animal species is purposeless. Thus the basic principle, i.e., the superiority of man over members of the animal kingdom, was amply demonstrated by the destruction of animals during the course of the flood. No further demonstration of the relative status of man and beasts was necessary. Permission to eat the flesh of animals was then required only as a means of explicitly negating the residual notion that animals are somehow endowed with rights and that man's obligations vis-a-vis animals are rooted in such rights rather than in a concern for the possible moral degeneration of man himself.4See R. Ben-Zion Firrer, Panim Ḥadashot ba-Torah (Jerusalem, 5735), I, 45.
Albo's basic position is reflected in a comment of Bereshit Rabbah 22:26 which indicates that Cain did not understand the enormity of his misdeed:
And the Lord said unto him, "Therefore whosoever slayeth Cain, vengence shall be taken on him sevenfold" (Genesis 4:15). R. Nehemiah said, "The punishment of Cain is not as the punishment of other murderers. Cain killed but he had none from whom to learn [the enormity of his crime]. [But] henceforth whosoever slayeth Cain shall be slain."
The implication of this statement is that Cain was not aware of the heinous nature of his crime. According to Albo, Cain lapsed into grievous moral error because, having accepted the equality of man and members of the animal kingdom, he regarded divine acceptance of animal sacrifice as license to take the life of others.
(3) One modern-day scholar who is often cited as looking upon vegetarianism with extreme favor is the late Rabbi Abraham Isaac Kook. It is indeed the case that in his writings Rabbi Kook speaks of vegetarianism as an ideal and points to the fact that Adam did not partake of the flesh of animals. In context, however, Rabbi Kook makes those comments in his portrayal of the eschatological era.5It should be noted that Rabbi Kook espouses the kabbalistic view that in the eschatological era the so-called lower animals will be endowed with intelligence similar to that of man in the present era. See R. Abraham I. Kook, "Afikim ba-Negev," Ha-Peles, vol. 3, no. 12 (Elul 5663), p. 718. He regards man's moral state in that period as being akin to that of Adam before his sin and does indeed view renunciation of enjoyment of animal flesh as part of the heightened moral awareness which will be manifest at that time.6Yet it must be noted that it is in that era that the Gemara, Baba Batra 75a, declares that God will prepare a feast for the righteous consisting of the flesh of the leviathan. Similarly, Va-Yikra Rabbah 13:3 speaks of a meal consisting of the meat of animals to be served to those who presently observe the restrictions concerning carrion and forms of prohibited meat. But Rabbi Kook is emphatic, nay, vehement, in admonishing that vegetarianism dare not be adopted as a norm of human conduct prior to the advent of the eschatological era. Rabbi Kook advances what are, in effect, four distinct arguments in renunciation of vegetarianism as a goal toward which contemporary man ought to aspire:
(i) Addressing himself to members of the vegetarian movement, Rabbi Kook remarks almost facetiously that one might surmise that all problems of human welfare have been resolved and the sole remaining area of concern is animal welfare. In effect, his argument is that there ought to be a proper ordering of priorities. Rabbi Kook is quite explicit in stating that enmity between nations and racial discrimination should be of greater moral concern to mankind than the well-being of animals and that only when such matters have been rectified should attention be turned to questions of animal welfare.7See Ha-Peles, vol. 3, no. 11 (Ab 5663), p. 658, excerpted in "Ḥazon ha-Ẓimḥonut ve-ha-Shalom," Mishnat ha-Rav, ed. Abraham Rieger and Yochanan Fried (Jerusalem, 5721), pp. 211-12.
(ii) Given the present nature of the human condition, maintains Rabbi Kook, it is impossible for man to sublimate his desire for meat. The inevitable result of promoting vegetarianism as a normative standard of human conduct, argues Rabbi Kook, will be that man will violate this norm in seeking self-gratification. Once taking the life of animals is regarded as being equal in abhorrence to taking the life of man, it will transpire, contends Rabbi Kook, that in his pursuit of meat, man will regard cannibalism as no more heinous than the consumption of the flesh of animals.8A recent writer presents a strikingly similar argument in decrying attempts to ban animal experimentation. He argues that prohibiting the use of live animals in biomedical research may well result in replacement of animal subjects with humans. See Carl Cohen, "The Case for the Use of Animals in Biomedical Research," The New England Journal of Medicine, vol. 315, no. 14 (October 2, 1986), p. 868. The result will be, not enhanced respect for the life of animals, but rather debasement of human life."9See Ha-Peles, p. 658; Mishnat ha-Rav, p. 212.
(iii) Man was granted dominion over animals, including the right to take their lives for man's own benefit, in order to impress upon him his spiritual superiority and heightened moral obligations. Were man to accord animals the same rights he accords fellow human beings he would rapidly degenerate to the level of animals in assuming that he is bound by standards of morality no different from those espoused by brute animals.10See Ha-Peles, p. 659; Mishnat ha-Rav, pp. 214-16.
(iv) In an insightful psychological observation, Rabbi Kook remarks that even individuals who are morally degenerate seek to channel their natural moral instincts in some direction. Frequently, they seek to give expression to moral drives by becoming particularly scrupulous with regard to some specific aspect of moral behavior. With almost prescient knowledge of future events, Rabbi Kook argues that, were vegetarianism to become the norm, people might become quite callous with regard to human welfare and human life and express their instinctive moral feelings in an exaggerated concern for animal welfare.11See Ha-Peles, p. 659-60; Mishnat ha-Rav, p. 217.
A related, but different, concept is the Freudian notion of reaction formation, i.e., when faced with an unacceptable impulse, the ego may try to sidetrack the offensive impulse by transforming its conscious representation into its opposite. Thus an unconscious aggressive or destructive instinct may be masked and hidden from awareness by manifestations of excessive felicity. In terms of this theory, the concern with regard to the development of character traits based upon reaction formation is that a breakthrough of the original impulse is a continuous danger. See Sigmund Freud, "Notes upon a Case of Obsessional Neurosis," trans. by A. Strachey and J. Strachey, The Standard Edition of The Complete Psychological Works of Sigmund Freud, ed. J. Strachey, X (London, 1955), 249; idem, "Psychoanalytic Notes upon an Autobiographical Account of a Case of Paranoia (Dementia Paranoides)," trans. by A. Strachey and J. Strachey, The Standard Edition of the Complete Psychological Works of Sigmund Freud, XII (London, 1958), 3-82; and idem, "Inhibition, Symptoms and Anxiety," trans. by A. Strachey and J. Strachey, The Standard Edition of the Complete Works of Sigmund Freud, XX (London, 1959), 75-174. These comments summon to mind the spectacle of Germans watching with equanimity while their Jewish neighbors were dispatched to crematoria and immediately thereafter turning their attention to the welfare of the household pets that had been left behind.12Note should also be taken of Hitler's proclaimed abstinence from meat as well as from coffee, alcohol and sexual activity. In the words of one author, "Hitler thus proved his moral right to free the Germans from their post-war masochism and to convince them that they, in turn, have a right to hate, to torture, to kill." See Erik Erikson, Childhood and Society (New York, 1963), p. 342. However, reports of Hitler's alleged vegetarianism are contradicted by a number of other sources. Perhaps the most significant of these is Robert Payne, The Life and Death of Adolf Hitler (London, 1973), p. 346, who relates that Hitler particularly enjoyed Bavarian sausages. Other biographers note that ham, liver and game were included in his diet. See John Toland, Adolf Hitler (New York, 1976), pp. 30, 54, 107 and 256 and Albert Speer, Inside the Third Reich (New York, 1981), p. 89.
Despite the foregoing, vegetarianism is not rejected by Judaism as a valid lifestyle for at least some individuals. There are, to be sure, individuals who are repulsed by the prospect of consuming the flesh of a living creature. It is not the case that an individual who declines to partake of meat is ipso facto guilty of a violation of the moral code. On the contrary, Scripture states, "and you will say: 'I will eat meat,' because your soul desires to eat meat; with all the desire of your soul may you eat meat" (Deuteronomy 12:20). The implication is that meat may be consumed when there is desire and appetite for it as food, but may be eschewed when there is no desire and, a fortiori, when it is found to be repugnant.13See Ha-Peles, p. 657; Mishnat ha-Rav, p. 209. The question is one of perspective. Concern arises only when such conduct is elevated to the level of a moral norm.
Ethicists who do not accept the notion of revelation are left with a problem with regard to the nature of ethical propositions. Ethical statements are clearly more than an expression of subjective likes or dislikes since man has no difficulty in distinguishing between the expression of a mere preference and the expression of what he regards as a moral norm. C. L. Stevenson drew the distinction in essentially the following manner: The statement "I like spinach" is a reflection of subjective feeling and nothing more. The proposition "X is good" resolves into two statements, viz., "I approve of X. You do so as well." The proposition "X is good" goes beyond the proposition "I like spinach" in that it is addressed to others and seeks to have them adopt the attitude of the speaker.14See Charles L. Stevenson, Ethics and Language (New Haven, 1944), pp. 20-26. An individual's subjective repugnance at the prospect of consuming the flesh of an animal is an aesthetic response rather than a moral reaction. It becomes a moral position only when expressed in advocating the adoption of such norms of conduct by others as well. Jewish tradition does not command carnivorous behavior; it rejects the notion that, at least during the current historical epoch, renunciation of the eating of meat should be posited as a moral ideal for mankind. Thus although "moral vegetarianism" finds no support in Jewish ethics, "aesthetic vegetarianism" is not incompatible with Jewish teaching.15By the same token, adoption of a vegetarian life-style because of a sincere conviction that consumption of meat is deleterious to health is not incompatible with Jewish teaching.
In a similar manner, some scholars advocate abstemiousness or complete abjuration of meat and wine, health permitting, as a form of self-mortification for the purpose of expiation of sin. See Sedei Ḥemed, Asifat Dinim, ma'arekhet akhilah, sec. 1.
II. Meat on Yom Tov
One halakhic consideration standing in the way of adherence to a strict vegetarian regimen is the obligation of simḥat Yom Tov, i.e., rejoicing in the festivals. According to most authorities, throughout the period during which the Temple stood, there was an absolute obligation, at least on the part of males, to partake of the flesh of the festival offering. The Gemara, Pesạhim 109a, records:
R. Judah ben Beteira declared, "During the time that the Temple existed there was no 'rejoicing' other than with meat as it is said, 'and you shall slaughter peace-offerings and you shall eat there; and you shall rejoice before the Lord your God' (Deuteronomy 27:7)."
The juxtaposition in a single verse of the commandments concerning the peace-offering and the obligation regarding rejoicing is regarded by the Gemara as establishing the principle that the "rejoicing" in the festival that is explicitly commanded (Deuteronomy 16:14) is that of partaking of the meat of the sacrifice.16According to most authorities, the parallel obligation on Shabbat is oneg or "delight" and does not mandate the eating of meat as an absolute obligation. See sources cited by R. Shalom Mordecai Schwadron, Da'at Torah, Yoreh De'ah 1:10. Yoreh De'ah 1:10, and Sedei Hemed, Asifat Dinim, ma'arekhet dining, sec. 1.
Subsequent to the destruction of the Temple and the consequent lapse of the sacrificial order, whether or not there exists an obligation to partake of ordinary meat on the festivals is a matter of some dispute. There would appear to be no basis for assuming that such an obligation exists since the obligation posited by the Gemara explicitly specifies that meat of the festival-offering must be used for this purpose. Indeed the statement of R. Judah ben Beteira concluded with the remark, "but now that the Temple does not exist there is no rejoicing other than with wine, as it is written 'And wine [that] gladdens the heart of man' (Psalms 104:15)." The ostensive implication of this statement is that, subsequent to the destruction of the Temple, the commandment concerning rejoicing on the festival is fulfilled only by drinking wine and not by eating meat. Similarly, the Gemara, Pesaḥim 71a, indicates that, even while the Temple stood, when the sacrificial animal could not be cooked, i.e., on the Sabbath, the obligation of rejoicing was satisfied by donning clean raiment and drinking "old wine" rather than by eating ordinary meat prepared in advance of the Sabbath. This is indeed the position of Ritva, Kiddushin 3b, and of Teshuvot Rashbash, no. 176, who maintain that there no longer exists an obligation to partake of meat on the festivals. Moreover, Tosafot, Yoma 3a, and Rabbenu Nissim, Sukkah 42b, citing the earlier-mentioned statement recorded in Pesaḥim 71a and the statement of the Gemara, Hagigah 8a, which speaks of "all forms of rejoicing," assert that, even during the Temple period, the eating of meat was not an absolute requirement. Rabbenu Nissim characterizes the requirement to eat the meat of the festival offering as a mizvah min ha-muvḥar, i.e., the optimal manner of fulfilling the obligation, but not an absolute requirement.
However, Rambam, Sefer ha-Mizvot, mizvot aseh, no. 54, adopts an entirely different position: "Included in His statement 'and you shall rejoice in your festivals' (Deuteronomy 16:14) is that which [the Sages] said to rejoice in them with [various] forms of rejoicing and [because] of this to eat meat, to drink wine, to don new clothes and to distribute fruits and sweets to children and women." Even more explicit is Rambam's statement in Hilkhot Yom Tov 6:18. After codifying the requirement of eating the meat of the festival-offering during the days of the Temple, Rambam turns to an explication of other ramifications of the commandment to rejoice in the festival: "How [is the commandment fulfilled]? Children are given parched corn, nuts and sweets; for women one buys beautiful clothes and ornaments in accordance with one's financial ability; and men eat meat and drink wine, for there is no rejoicing other than with meat and there is no rejoicing other than with wine." This view is also adopted by Tur Shulḥan Arukh, Oraḥ Hayyim 529.
Bet Yosef, Oraḥ Hayyim 529, questions the requirement posited by Rambam and Tur regarding eating meat on the festival since the Gemara seems to indicate that, in our day, the commandment is satisfied by merely drinking wine.17Cf., R. Moshe Sternbuch, Mo'adim u-Zemanim, I, no. 29, and VII, no. 111, notes 1 and 2. The statement of Hagigah 8a " 'and you shall rejoice in your festivals' (Deuteronomy 16:14): to include all forms of rejoicing," is apparently understood by Rambam as creating a normative obligation beyond that posited in Pesaḥim 109a with regard to partaking of the meat of the festival-offering. Therefore, maintains Rambam, when meat of sacrificial animals is not available, ordinary meat must be eaten for purposes of fulfilling the commandment of rejoicing.18Cf., also, Bah, Oraḥ Ḥayyim 529. It is quite evident that the Sages maintained that the consumption of ordinary meat gives rise to joy since the Gemara, Sanhedrin 70a, declares that it is forbidden to eat meat or to drink wine on the day preceding the ninth of Ab.19It is certainly arguable that, even according to Rambam, a man who genuinely finds meat repulsive is not required to eat meat on Yom Tov. The obligation to eat meat subsequent to the destruction of the Temple is based upon the derivation "to include all forms of rejoicing" formulated in Ḥagigah 8a. The specific forms of rejoicing are not uniform to all people as evidenced by the fact that women are not obligated to eat meat but to rejoice with new clothes and jewelry. This halakhic provision reflects the judgment of the Sages that women do not derive the same pleasure from eating meat as is experienced by men. A male who does not derive pleasure from eating meat, arguably, must seek other forms of rejoicing. Cf. R. Moshe ha-Levi Steinberg, Ḥukkat ha-Ger (Jerusalem, 5741), Kuntres ha-Teshuvot, no. 1. This prohibition was later extended to prohibit the eating of meat beginning with the first day of Ab. However, if all appropriate forms of rejoicing are mandatory, why does the Gemara, Pesaḥim 109a, speak of wine as obligatory only in our day, but not when the meat of the festival offerings was eaten? Yam shel Shelomoh, Beizah 2:5, suggests that, when the Temple stood, rejoicing was possible without the inebriating effect of wine; only in exile is wine necessary to dispel melancholy and to generate joyousness in order to restore faith that God has not forsaken us. Yam shel Shelomoh fails to explain why Pesaḥim 71a speaks of an obligation with regard to drinking "old wine" prior to the destruction of the Temple.
Among latter-day authorities, Magen Avraham, Oraḥ Hayyim 696:15, states that, subsequent to the destruction of the Temple, there is no obligation to eat meat on festivals. This statement is, however, contradicted by another comment of Magen Avraham himself. Magen Avraham, Oraḥ Hayyim 249:6, cites a similar statement in the name of Levush declaring the eating of meat on the festivals not to be obligatory in our day and, pointing to Sanhedrin 70a, declares Levush to be in error. In yet another comment, Magen Avraham, Oraḥ Hayyim 529:3, declares it to be a "mizvah" to eat meat on Yom Tov.20One latter-day authority, R. Shlomoh Haas, Kerem Shlomoh, Yoreh De'ah 1:1, declares the obligation to eat meat on Yom Tov to be rabbinic in nature. A contradictory statement attributed to that author by some contemporary writers is patently incorrect. See Richard Schwartz, Judaism and Vegetarianism (Pompeno Beach, 1982); p. 148, note 3. This source is, in turn, cited by Elijah Judah Schochet, Animal Life in Jewish Tradition (New York, 1984), p. 342, note 12. The similarly cited Yakhel Shlomoh, Oraḥ Ḥayyim 59:2, attributed to R. Shlomoh Haas appears to be a non-existent work. The reference is presumably to Kerem Shlomoh, Oraḥ Ḥayyim 529:2, which speaks only of "other forms of rejoicing" in lieu of partaking of the meat of sacrificial animals.
One ramification of the view that the eating of meat on the festivals is an absolute requirement is found in Teshuvot Havot Ya'ir, no. 178. The sole ritual slaughterer in a small village fell ill prior to Passover with the result that the townspeople were faced with the prospect of being without meat for the holiday. One of the members of the community was proficient in the laws of slaughtering but did not possess formal kabbalah, i.e., rabbinic license to serve as a ritual slaughterer. Havot Ya'ir ruled that, were there no question with regard to the actual kashrut of the slaughtered animal, the requirement for kabbalah must be waived in order to make it possible to fulfill the commandment of rejoicing in the festival. R. Shalom Mordecai Schwadron, Da'at Torah, Yoreh De'ah 1:10, contested this ruling on the grounds that, according to many authorities, subsequent to the destruction of the Temple, the eating of meat on Yom Tov is not an absolute requirement. This latter view is also the position of Shenei Luḥot ha-Berit, p. 74b, cited by Pitḥei Teshuvah, Yoreh De'ah 18:9.
Another matter that is directly contingent upon the resolution of this question is addressed by R. Moshe ha-Levi Steinberg, Hukkat ha-Ger, Kuntres ha-Teshuvot, no 1. The question concerns the conversion of a proselyte who is a vegetarian and hence will not assume the obligation of eating meat on Yom Tov. If such consumption of meat is an absolute obligation, the conversion is invalid. This conclusion follows from the principle formulated in Bekhorot 30b and the Mekhilta, Parshat Kedoshim 19:34, which provides that the candidate's failure to accept any provision of Jewish law invalidates a conversion.21Even were such conversions valid, assistance in such a conversion may yet involve a transgression of lifnei iver. R. Shlomoh Zalman Auerbach, Minḥat Shlomoh, no. 35, sec. 3, questions the validity of conversions in which it is known that the proselyte does not intend to observe the commandments of the Torah and adds that were such conversions to be regarded as valid, "all who assist" in such procedures would be guilty of "placing a stumbling block before the blind" since, were the proselyte not to have become a Jew, such actions would be entirely permissible. If, on the other hand, the eating of meat on Yom Tov is not a normative requirement, the conversion is entirely valid.
Regardless of whether or not there exists a normative obligation to eat meat on Yom Tov, it is certain that the Sages encouraged and urged such practice. Even practices which are not mandated by the obligation concerning rejoicing nevertheless constitute a fulfillment of the commandment when they result in feelings of gladness and joy.22Cf., Sha'agat Aryeh, no. 65.
*Abstinence from the flesh of animals is also the subject of scattered comments in kabbalistic writings. R. Moses Cordovero, Shi'ur Komah (Warsaw, 5643), p. 84b, advises that a person seeking spiritual perfection should "distance" himself from eating meat. Accepting the principle of transmigration of souls, R. Moses Cordovero expresses the concern that the soul of a wicked man may be present in a slaughtered animal and exert a deleterious influence over the person who consumes its flesh. In a footnote appended to that text, the editor remarks that, according to this thesis, one who is imbued with the Divine Spirit, and hence is capable of determining that no such soul is incarnated in the animal he is about to eat, has no reason to refrain from eating meat.
A similar position is attributed to Reishit Ḥokhmah by Sedei Hemed, Asifat Dinim, ma'arekhet akhilah, sec. 1. Reishit Ḥokhmah, p. 129b, is cited as stating that one should not eat the flesh of any living creature. The reference appears to be to the Amsterdam, 5668 edition of Reishit Ḥokhmah. However, an examination of pp. 129b-130a of that edition reveals that, rather than advising total abstinence from the flesh of living creatures, Reishit Ḥokhmah offers counsel with regard to the time of day most suitable for partaking of meat.
Opposition to consumption of meat appears to be a narrowly held view even within the kabbalistic tradition. A number of kabbalistic sources indicate that, quite to the contrary, the doctrine of transmigration yields a positive view regarding the eating of meat. According to these sources, transmigrated souls present in the flesh of animals may secure their release only when the meat of the animal has been consumed by man. The miẓvot performed in preparation and partaking of the meat and the blessings pronounced upon its consumption serve to "perfect" the transmigrated soul so that it may be released to enjoy eternal reward. See, for example Shevet Mussar, chap. 36 and R. Zevi Elimelech of Dinov, Bnei Yissaskhar, Ma'amarei ha-Shabbatot, ma'amar 10, sec. 4, and Sivan, ma'amar 5, sec. 18. Righteous individuals who must undergo transmigration in expiation of minor infractions are incarnated in fish in order to spare them the pain of slaughter. Scripture speaks of fish as "gathered" rather than as slaughtered and similarly speaks of the righteous as being "gathered" to their forebears rather than as experiencing the throes of death. See also R. Moshe Teitelbaum, Yismaḥ Mosheh, Parshat Va-Yeira, s.v. va-yikaḥ ḥemah ve-ḥalav. R. Yechiel Michal ha-Levi Epstein, Kiẓur Shelah (Jerusalem, 5720), p. 161, advises that particular effort be made to eat fish on Shabbat so that the souls of the righteous which may be incarnated in the fish be "perfected" through consumption of the fish by a righteous and observant Jew.
R. Menachem Mendel Schneerson is quoted as having expressed opposition to vegetarians, at least tentatively, on kabbalistic grounds. He is reported to have voiced the concern that refraining from consumption of meat will prevent the "elevation of sparks," a goal that is central to the kabbalists' view of man's purpose in life. See the comments of R. Shear-Yashuv Cohen, published as the introduction to R. Menachem Slae, Min ha-Ḥai (Jerusalem, 5748). In forbidding the eating of meat on the day preceding the ninth of Av because consumption of meat gives rise to joy, the Gemara forbids only the eating of types of meat comparable to that of sacrificial animals. Thus, fowl and preserved meats are not included in this prohibition. It then follows that, according to Rambam who requires the eating of meat on Yom Tov, it is the meat of animals rather than of fowl which must be eaten. Nevertheless, the Gemara, Beizah 10b, explains that doves slaughtered on Yom Tov must be designated for that purpose in advance, lest, if the doves have not been previously examined, they may be found on Yom Tov to be insufficiently fattened, with the result that a person relying upon them for the Yom Tov meal will be lacking in "the joy of the festival." Since, even according to Rambam, the obligatory commandment of rejoicing cannot be fulfilled by eating doves, it is clear that, even absent a normative obligation, the Sages sought to promote the eating of tasty meat on Yom Tov because the consumption of such food enhances the joyfulness and festivity of the day. Thus, even if there is no normative obligation to partake of meat on Yom Tov, abstaining from meat on Yom Tov because of considerations of vegetarianism would not have been looked upon with favor by the Sages.


It's that wonderful time of year again! No, not the holidays. Or your birthday. It's time for the 2016 Ikea catalog! We've gone through this year's glossy pages of colorful Swedish whimsy and brought you some of our favorite looks of the new season. Needless to say, there is plenty to lust after and a few things that made us go "really?" See for yourself.
First up, the living room. The best place to gather and a natural space to bring in some of those Ikea quirks like brightly patterned area rugs and creative storage solutions. This year is no different there, with plenty of ways to stack your art books for all to see, keep messy kids toys out of sight, and lounge on oddly angular sofas.
A few cool neutral tones seem to define the palette of the season. The ever-popular grey along with some deep teal tones as well as some brighter crayon-inspired accents include orange, green, and yellow.
Ikea kitchens are always an inspiration for home chefs that long for their own perfectly organized island and well-behaved kindergartener who wants to help stir. From cutting boards to cabinetry, the name of the game is sleek. Whether your own kitchen is industrial inspired or just a little bit country, there are some Swedish cabinets and step stools to help you create the space of your dreams.
But of course, there is always room for fascinating personalization, such as in this awesomely quirky kitchen with its bronze racing stripe backsplash. That's what's so great about the simplicity of much of what Ikea offers: you can truly make it your own.
After the perfect lingonberry and meatball meal is prepared on that slick kitchen countertop, bring the serving dish into the dining room, where Ikea will have you relaxing on perfectly matched – or perfectly mismatched – chairs around a modern table, DIY table. What's also nice about Ikea is that they realize that their customer base is varied. You can get anything from a bistro table just for the two of you to a full dining set with leaf so you can have the whole family over.
And it doesn't stop with your dining room – outdoor dining and even laptop TV trays give you plenty of noshing options in a perfect Ikea home.
Ah, the storage section. Were that we all so lucky as to have the organizational skills of the Ikea stylists. Whether you want a new chest of drawers, a branch-inspired coat rack, or a whole shelf of storage containers that slide in and out with ease, Ikea has you covered.
We're a bit struck by the simplicity of the bedrooms in this year's catalogs. Continuing a theme of cool tones in blue and grey with just a few choice elements like an overhead light or a side chair make for simple spaces with just a pop of personality.
Whether you speed through your morning routine as quick as possible or lounge for hours in the bath, you want your bathroom to feel comfy and clean. Ikea has towel shelves, mirrored cabinets and plenty of other storage options to create a zen space for your bath.
Ikea is perfect for kids. Plenty of bright colors and a price point that means some spilled grape juice won't send mom and dad to the poorhouse. The Ikea kids designs also manage to grow along with the kids so that a fun bunkbed for a younger kid becomes a cool lofted bed for a teen with just a few simple changes.
An Ikea office is a happy office (with plenty of storage). Pull up an Ikea desk chair to an Ikea drafting table and sketch up your own plans for taking over the world (or just putting together a new bookshelf).
This year in the accessories section, Ikea has pulled focus on wireless charging. These devices let you charge your smartphone and other devices just by setting them down on a special mat. The way they've done it to mesh with designs around the home is definitely nice.


The #SOSUvanitycase has arrived!!! Store all of your #SOSUbySJ makeup in this perfect makeup case.
It comes with two deep compartments with elastic compartments for storing your makeup brushes etc.
An essential for makeup lovers on the go!!
- Fits both #SOSUbySJ palettes perfectly.
- Fabric is washable with a wipe.


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Greek Mythology / Myths / Mortals / Procne
Procne at a Glance
Procne is a character in Greek mythology, the daughter of King Pandion of Athens. She was married to King Tereus of Thrace. Her sister Philomela decided to visit her sister's palace; while there, Tereus raped her and then cut off her tongue so that she wouldn't speak of the crime. However, Philomela managed to weave the crime onto a tapestry and passed it to her sister. When Procne realised what had happened, she killed her son Itys, boiled him, and served him to Tereus. After Tereus finished his meal, Procne and Philomela showed the head of the poor boy to Tereus, who realised what had happened. He grabbed an axe and tried to kill them, who started fleeing. While being pursued, the sisters pleaded to the gods, and the gods answered their prayers. The three of them were turned into birds; Procne into a swallow; Philomela into a nightingale; and Tereus into a hoopoe.
See Also: Philomela, Tereus, Itys
Procne: GreekMythology.com - Jan 17, 2020
Link will appear as Procne: GreekMythology.com - Jan 17, 2020

redpajama_set_name: RedPajamaCommonCrawl


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Revised Expert Witness Discovery Rules in North Carolina: Discovery of Testifying Expert Witnesses
By Isaac Thorp
Rule 26(b)(4) of the North Carolina Rules of Civil Procedure governs the procedure for expert witness discovery. The rule was recently amended, and is applicable to actions filed on or after Oct. 1, 2015. The amendments govern the disclosure, discovery, and payment of expert witnesses. They also provide trial preparation protections for draft expert witness reports or disclosures, and communications between a party's attorney and her expert witness.
This first part of a two-part series addresses the following amendments:
Rule 26(b)(4)a.3: Disclosure through interrogatory answers
Rule 26(b)(4)a.2: Option to disclose expert report
Rule 26(b)(4)b.1: Depositions of testifying experts
February 8, 2018 /by NCBARBLOG
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What Your Trial Court Administrator Wants You to Know, Part II: Western Region
By Molly Martinson and Bridget Warren
In our first installment of this three-part series, we discussed advice given by the TCAs in Cumberland, Forsyth and Guilford counties. Now, we turn to the Western part of the state and highlight what the TCAs of Buncombe and Mecklenburg counties want you to know.
Rule No. 5: Know Your Local Rules (Again)
Ok—we know this was Rule No. 1 in the last installation—but it bears repeating because it is the single-most noted mistake made by attorneys. Indeed, both Marc Shimberg, Trial Court Administrator for the 28th Judicial District (Buncombe County), and Meredith Davis, Caseflow Management Administrator for the 26th Judicial District (Mecklenburg County) stated that not reading the local rules is one of the most common mistakes they see attorneys make in their districts. They both stressed that attorneys' failure to be familiar with the local rules causes a plethora of caseflow issues. For instance, Ms. Davis stated attorneys routinely do not submit their continuance requests in a timely fashion, do not include the necessary information in continuance motions, and do not ensure that motions are placed on a hearing calendar within three days of filing the motion. It is imperative that attorneys practicing in Buncombe County and Mecklenburg County take the time to read the local rules. Your TCA will thank you.
January 26, 2018 /by NCBARBLOG
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None Of Your Business In Our Jurisdiction
By Madeleine Pfefferle
On Nov. 7, 2017, the North Carolina Court of Appeals delivered a split opinion in Atlantic Coast Properties, Inc. v. Saunders, holding that a corporation's failure to plead its legal existence and capacity to sue lacked standing to maintain a legal action. 807 S.E.2d 182 (N.C. Ct. App. 2017). The case was before the court on appeal by petitioner Atlantic Coast Properties, Inc. ("ACP") after Judge Milton F. Fitch, Jr. granted Respondents' motion for summary judgment in Currituck County Superior Court.
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What Your Trial Court Administrator Wants You to Know, Part I: Triad and Sandhills
Picture this: You're about to file a Motion to Dismiss. You filed one last month, too. But was that in Guilford County . . . or Mecklenburg County? You can't remember. When do you have to file a Notice of Hearing? How do you submit a calendar request?
Sound familiar? Attorneys practicing in North Carolina state courts often lament the disparities among various counties' local rules and practices. Nevertheless, knowledge of each county's requirements for civil practice is crucial to the effective representation of your clients.
In this three-part blog series, we asked Trial Court Administrators ("TCAs") in several of the most populated counties in North Carolina to discuss attorneys' common mistakes and frequently asked questions, and to give advice for attorneys practicing in their respective counties.
For our first installment, we highlight our discussions with TCAs in the Triad and Sandhills regions of North Carolina: Guilford, Forsyth, and Cumberland counties. We created the five rules below based on these discussions.
Rule No. 1: Know Your Local Rules and Rules of Civil Procedure
First and foremost, attorneys should familiarize themselves with the local rules of the county in which they are practicing. This might seem like a no-brainer, but as Craig Turner, the TCA for the 18th Judicial District (Guilford County), stated: "Most mistakes occur because attorneys are just not well-versed in submitting the necessary paperwork for their case with the court." Moreover, Mr. Turner has found that attorneys are not familiar with civil procedure, in general, which creates even more mistakes. Overall, attorneys should thoroughly read the North Carolina Rules of Civil Procedure, mediation rules, and the local rules of each county in which they are handling cases. If you only follow one rule—follow this one.
Rule No. 2: Utilize the County's Online Resources
Attorneys should take advantage of the online resources each county has to offer, specifically, forms and calendars. Multiple TCAs noted that they spend significant time and resources updating their judicial district's content on the North Carolina Court System website. Reviewing the calendar online, which specifies dates for motions for the entire year, will eliminate a common question received by Mr. Turner: "When can my motion be put on the docket?" Further, once your motion is calendared, according to the TCAs, it is imperative that attorneys track their motions for each case to avoid missing deadlines, filing delinquent administrative responses, and submitting late filings to the Court.
Rule No. 3: When Rules No. 1 and No. 2 Fail, Contact the TCA or TCC
Communication is key. After reading the local rules and reviewing the online resources, if attorneys still have questions they should reach out directly to the TCA or Trial Court Coordinator ("TCC") of that judicial district. As noted by Cecelia Gordon, the TCA for 21st Judicial District (Forsyth County), attorneys should "never assume," rather they should call the office if they are unsure of something, such as what type of calendar request is required by that judicial district. Communication, of course, is a two-way street. Attorneys should always promptly respond to questions from court administrators. Too often, Mr. Turner relayed, attorneys fail to respond in a timely manner, which leads to "unnecessary delays and duplication of work."
Rule No. 4: Actually File for Secured Leave
The process for attorneys to obtain secured leave is provided by Rule 26 of the General Rules of Practice for the Superior and District Courts. However, as Ellen Hancox, the TCA for the 12th Judicial District (Cumberland County), noted, many attorneys do not file designations of secured leave.
The secured leave procedure exists for a reason: to provide for "the heightened level of professionalism that an attorney is able to provide when the attorney enjoys periods of time that are free from the urgent demands of professional responsibility and to enhance the overall quality of the attorney's personal and family life[.]" Sounds like a goal we can all get behind.
Failing to properly file for secured leave in each county in which the attorney has a pending matter can cause scheduling headaches for the TCAs. Err on the side of caution and file for secured leave whenever you know you will be unavailable to appear in court for personal reasons. Prior to filing, remember to check each county's form bank and use the proper secured leave form.
Relatedly, if a scheduling conflict arises because of an attorney's conflicting engagements in different courts, Ms. Hancox noted that attorneys must refer to Rule 3.1 of the General Rules of Practice to determine the priority of each matter. Once the matter's priority is established in accordance with Rule 3.1, refer to our Rule # 3, above, and let the TCA know about the conflict.
Rule No. 5: Don't Assume that the TCA has the Same Information as the Clerk's Office
North Carolina state courts have not implemented an electronic filing system at the trial-level (yet). Therefore, as a general matter, both the county clerk's office and the TCA or TCC (if the judicial district has one) are charged with collecting case documents and managing each case in accordance with their respective responsibilities. Ms. Hancox warned, however, that attorneys should not assume that the TCA's office has all of the same file materials as the county clerk's office. For example, in Cumberland County, Local Civil Calendaring Rule 1.9 provides that "all papers filed in civil [superior court] actions . . . shall include as the first page of the filing an original plus one copy of the appropriate cover sheet[.]" The reason for this rule, Ms. Hancox stated, is to provide both the clerk's office and the TCA with at least a cursory description of every document filed and the identity of the filer. If a party neglects to file the requisite cover sheet and copy of the cover sheet (as many have in the past) then the TCA will not be aware of that filing—or, with respect to the filing of an Answer or Notice of Appearance, the TCA might not be aware of your involvement in the case at all.
Therefore, do not assume that everything you file with the clerk's office has necessarily made its way into the TCA's hands, and pay particular attention to rules requiring that two copies of certain documents be provided. In all likelihood, one of those documents is for the TCA.
Stay tuned for the next two installments of this series, where we discuss what your TCA wants you to know in the Eastern and Western regions of the state.
December 14, 2017 /by NCBARBLOG
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Documents Do Not 'Speak for Themselves': Defeat Your Opponent's Meaningless Objections to Requests for Admission
You served the following request for admission and got this response:
Request: Admit that the second paragraph of the contract attached as Exhibit A states: "… (verbatim quote)."
Answer: The document speaks for itself.
Is this an appropriate objection?
Numerous federal courts have held that asserting that a document "speaks for itself" is not a proper objection to a request to admit that a document contains quoted language. In Miller v. Holzmann, 240 F.R.D. 1, 66 Fed. R. Serv. 3d 977 (D.C. Cir. 2006), plaintiff served a request for admission that a document contained language quoted in the request. The defendant objected on the grounds that the document "speaks for itself." The court held that the objection was improper:
"It is astonishing that the objection that a document speaks for itself, repeated every day in courtrooms across America, has no support whatsoever in the law of evidence. . . . The tautological 'objection' that the finder of fact can read the document for itself to see if the quote is accurate is not a legitimate objection but an evasion of the responsibility to either admit or deny a request for admission, unless a legitimate objection can be made or the responding party explains in detail why it can neither admit nor deny the request." Id. at 4.
November 29, 2017 /by NCBARBLOG
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Don't Let Your Opponent Bury You Under a Mountain of Business Records in Lieu of Answering Interrogatories
You have served interrogatories about the defendant's construction of a defective roadway. The defendant responds to several of them by stating, "[T]he information sought by this interrogatory may be ascertained by a review of the construction diaries and other records. These documents are available for review, inspection and copying." You arrive at defense counsel's office to inspect the documents, and you're directed to a storage room that contains 200 unlabeled boxes. "Good luck!" says his secretary, as she closes the storage room door. Is this proper?
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Senate Bill 698 Proposes Two-Year Terms For All North Carolina State Judges and Justices
By Molly Martinson
On October 17, 2017, North Carolina State Senator Rabon filed a bill in the State Senate to amend the North Carolina Constitution to limit terms of office for all state judges and justices to two years.
Currently, Article IV of the North Carolina Constitution provides that District Court judges are elected to four-year terms (N.C. Const. art. IV, sec. 10), whereas Superior Court judges, Court of Appeals judges, and Supreme Court justices are elected to eight-year terms (N.C. Const. art. IV, sec. 16). Senate Bill 698 would amend the North Carolina Constitution to limit all such terms to two years. Senate Bill 698 further provides that all terms of office for judges and justices both elected and appointed prior to July 1, 2018 shall expire on December 31, 2018. Finally, the bill proposes that this constitutional amendment be put to a vote during the 2018 statewide primary election.
November 8, 2017 /by NCBARBLOG
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Pro Se Responsive Pleading By Corporation/LLC Insufficient To Avoid Default
By Matthew D. Lincoln
North Carolina statute N.C.G.S. Section 84-5 prohibits corporations and limited liability companies from practicing law in this state. This prohibition occasionally arises in the litigation context when an entity—usually domiciled in another state—serves a pro se answer (or other response) to a complaint filed in a North Carolina court. Given that a plaintiff's goal usually is to obtain a judgment as quickly and efficiently as possible, what should the plaintiff do in this situation?
In short, the plaintiff should file a motion asking the court (i) to strike the defendant's responsive pleading, and (ii) for entry of default and default judgment. Seeking all such relief in one motion may seem aggressive in light of the court's inclination to have disputes decided on the merits. Fortunately, however, for plaintiffs finding themselves in this scenario, there is authority supporting the award of such relief in a single hearing.
October 16, 2017 /by NCBARBLOG
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A 12(b)(6) Motion Asserted As Part Of An Answer Will Not Suffice, At Least Not In The NC Business Court
By Rick Conner
Have you ever included a Rule 12(b)(6) motion to dismiss in your answer, with the intention of filing a more formal motion or submitting a detailed brief later? If so, you should be aware of a recent decision by Judge Michael L. Robinson of the North Carolina Business Court which casts further doubt on the legal legitimacy of this practice.
In New Friendship Used Clothing Collection, LLC v. Katz, 2017 NCBC 71 (N.C. Super. Ct. Aug. 18, 2017), one of the defendants, Katz, filed an answer on the response deadline which indicated that his first defense was a "Motion to Dismiss under Rule 12(b)(6)." Three days later, he filed a more lengthy 12(b)(6) motion with a supporting brief. Plaintiffs contended that Katz's motion should be denied because the motion, filed after Katz's answer, was untimely under Rule 12(b).
October 4, 2017 /by NCBARBLOG
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New NC Law Adds Predictability To Litigation Involving Business Contracts
By Michael J. Parrish
North Carolina businesses commonly enter into contracts to buy or sell goods and services west of Murphy, north of Mount Airy, south of Charlotte, and even east of Ocracoke. When contracts such as these extend beyond state lines, businesses should intentionally assess and negotiate terms commonly called "choice of law" and "choice of forum" (or "forum selection") provisions. These terms are up-front agreements to determine which state's laws will govern any potential dispute relating to the contract, and in which state any potential lawsuit will be filed.
When potential disputes turn into actual litigation, choice of law and choice of forum provisions can be critical. For example, one state's law may be more favorable to one of the parties, one of the parties could gain an advantage by litigating on its "home turf," or one of the parties could save travel and business interruption cost by having the lawsuit filed nearby, rather than out of state. It isn't uncommon for North Carolina businesses doing business with an entity from another state to see the advantage of applying North Carolina law and requiring litigation to occur in North Carolina.
September 19, 2017 /by NCBARBLOG
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Want to contribute to the Litigation Section blog? Contact the Section's Communications Chairs at ncbalitigation@gmail.com.


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in News, Pickup Trucks
CHEVROLET DEBUTS NEW 2023 COLORADO ZR2 RACE TRUCK
The machine will compete in the Best In The Desert racing series.
by Alex August 12, 2022, 6:08 pm 1 Comment
Image via Chevrolet Performance.
Chevrolet is ready to put the new 2023 Colorado ZR2 through its paces this weekend at the Best In The Desert offroad racing series, and will do so in the form of a new racing truck that Chad Hall Racing will compete with.
Courtesy of the Chevrolet Performance Facebook page, we're getting an early look at the new Colorado ZR2 in race truck form. We don't have many details about the specific parts that are fitted to the machine, but from the looks of things, the truck appears to be near stock.
There's likely some trick components under the skin that we're still unaware of, but on the exterior, we can see the addition of off-road lights on both the front bash bar and above the windshield, while the bed holds a set of spare wheels and tires. A racing livery has also been applied that reminds us of the previous generation Colorado race truck, featuring a black and red gradient pattern with bowties in between. It's signature Chad Hall Racing.
The 2023 Chevrolet Colorado ZR2 utilizes a 2.7-liter turbocharged four-cylinder, which makes 310 horsepower and 430 lb-ft. of torque in the road-going version. For the race truck, we're guessing that a few upgrades have been made to increase reliability for racing that unhinges a bit of emission controls, but will otherwise remain unchanged.
The Best In The Desert series is available to watch online on Method Racing Wheels website. The first race in the series starts on August 12th, and will take the racers on a course from Beatty to Dayton, and covers 495 miles from start to finish.
Chevrolet has competed in the race series before with the Colorado, and brought a few big wins to the Chevrolet Performance racing team. We'll be keeping an eye out to see how Chevrolet Performance and the Colorado race truck perform.
Image via Chevrolet
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The idea for the folios is to give a price break to the readers who have discovered my writing recently and see this massive back list of books. Instead of spending $30 to get ten of my books, you can get ten for less than $10.
For me, it's a lot of fun to see how I've grown as a writer. I see each volume develops a theme even though the books were selected purely chronologically. This series seems to feature corporate books and cruel payback type books. As always, the folio is grace by an original cover by Annabelle Brito.


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As of now, 1 trains run between from MANMAD JUNCTION (MMR) to DURGAPUR (DGR).
The fastest train from MANMAD JUNCTION (MMR) to DURGAPUR (DGR) is KOLKATA MAIL (12322) that departs at 02:13 and arrives to at 09:10. It takes approximately 30:57 hours.


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Muswell Hill stabbing: Teenagers from Highgate and Finchley Road charged over Mossy Well knife attack
Published: 1:09 PM October 12, 2020 Updated: 8:18 PM November 27, 2020
Muswell Hill Place. Picture: Google - Credit: Archant
Teenagers from Finchley Road, Highgate and Muswell Hill are among four charged with wounding with intent over a stabbing outside of the Mossy Well pub in July.
Highgate's James Tranter, of Cholmeley Park, Ryan White, of Finchley Road, and Jared Alleyne-McKenzie, of Barrenger Road, have been charged along with Finchley teenager Kallum Palache, of Harwood Close. All four are aged 18.
The incident occurred in Muswell Hill Place on Saturday, 11 July.
Police were called that evening at two minutes to midnight to reports of a 17-year-old with a knife wound to the chest. Though he was initially thought to be in a life-threatening condition, he was later discharged from hospital.
The quarter will appear at Wood Green Crown Court on Thursday, 29 October.


This is the Coders Application format, follow it or your application will be denied.
As I said before, If you won't follow this, your application will be denied.
Also, adding a poll is a must.
Im not looking for basic coders, i know how to create NPC's, i need 1 that is able to create rings and Weddings. =] . iDev.


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Q: Software for plotting functions... Any suggestions? I'm looking for a (hopefully cheap/free) software that could plot functions for academic use.
Until this point, I used MATLAB as a primary tool to draw graphs. Although it 'could' plot any functions I need, actually I feel it is often too tedious and time-consuming to make a nice-looking plot by manipulating scripts.
Something with a simple and formal UI and the capacity to draw implicit/parametric functions would be ideal. Also, I don't care spending a few dollars on good software; so any suggestions would be welcome(except i do care about hundreds of dollars so please leave out Mathematica) :)
Thanks in advance

A: If you are a Mac user, Apple bundles for free a really neat mathematical graphing application called Grapher which you can find in the Applications/Utilities folder.
http://en.wikipedia.org/wiki/Grapher
It does everything you ask, including implicit, polar, parametric, fancy 3d plots and animations, live 3D rotations, ... with an elegant user interface too.

A: I've found the Java Graphers by David Lippman very quick and easy if you don't want to use a bona-fide math software package.

A: Maxima CAS :

*

*implicit plot : standard  or draw package

*parametric plot
HTH
Adam

redpajama_set_name: RedPajamaStackExchange


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Home » Movies » The Six Important Moments From This Week's Arrow – The Offer
The Six Important Moments From This Week's Arrow – The Offer
Posted on March 19, 2015 | by Dan Wickline
I may be running out of clever ways to say SPOILERS HERE… or I may just be tired. Either way… SPOILERS HERE!
After a few week hiatus Arrow is back with the new episode The Offer. It is, of course, all about the offer made to Oliver Queen by Ra's al Ghul to take over the League of Assassins. This episode also introduced us to the Flash rogue Murmur, who is a pretty interesting character but the episode is more about Oliver's decision than the new villain.
And before we get to the moment, I noticed something interesting last night… Ra's al Ghul has a tough name to say and there seems to be two different schools. Now Denny O'Neill one of the creators of the character says it one way and I'd take him as the authority… but in Arrow, his name is pronounced both ways depending on which character is saying it. Oliver and Team Arrow refer to him as "Rahz" with a long A like Rah Rah and a Z sound at the end. Those in the League of Assassins call him "Raysh" with a short A like Ray with a SH sound at the end. That oddly seems very real to me that different people would pronounce it differently. O'Neill pronounces it "Raysh".
1) The show opens with Ra's taking Oliver around Nanda Parbat, making a sales pitch about how what Oliver is doing now is only a fraction of what he could do by leading the League. How life as the Arrow will always be unfulfilling and alone. How the city and the police will turn on him and he'll never have the woman he loves. Its as if Ra's was being played by executive producer Marc Guggenheim… It's a good sales pitch and one Oliver considers especially when Ra's lets him leave with John Diggle and Malcolm Merlyn with all blood debts cleared. So you know there had to be a catch.
2) Oliver returns and does the whole "I'm keeping it all to myself" thing and puts Malcolm on the couch at the loft. This of course doesn't sit well with Thea Queen who wanted him dead. She goes from wanting Nyssa to kill her to wanting to kill Malcolm to ending up back in Roy Harper's arms. She is not having a good time with this and seems to be the only one blaming her for Sara's death. But this may be the path for her to come out of it as Roy seems to truly lover her and wants what's best for her.
3) A really important moment here is when The Arrow drops off the thieves to the police station and Captain Lance tells him off. In the past Lance dealt with Sara's original death by climbing into a bottle, but this time he's turned his pain into anger and it's focused at everyone who lied to him. And it's growing. Add in what we see at the end of the episode and it will push Lance to go back to hunting the Arrow and by now he has to know who is really under the hood and will use that knowledge to get him.
4) Nyssa has a pretty interesting arc in this episode as well that starts with her deciding to not kill Thea, losing a fight to Laurel Lance and Roy… that had to hurt the ego… going home to find out that her father has chosen Oliver over her… didn't Sara do the same… and end up with no where to go. She's having a bad day and it leads her back to Starling City and Laurel, a reminder of Sara. She's there when the police station is attacked and helps fight off the thugs. In the end she makes peace with Laurel and offers to train her. I mentioned this a few time before that I was expecting this to happen. Laurel needs to be trained like Sara if she's really going to be the new Black Canary and Nyssa can do that.
5) This episode is as much about Oliver figuring out why he's the Arrow as it is about Ra's offer. Unlike the Oliver of the past, he opened up to Diggle about what Ra's said. Also, when he found out about Felicity Smoak and Ray Palmer, he didn't get angry and go passive aggressive… he was hurt but was accepting of it. It was awkward and he was shutting Felicity out at first… but the woman has her ways and in the end helped him discovery why he still wears the hood. This also led him to his decision to turn down Ra's… which will open up a whole new can of worms.
6) If you read William Shatner's tweets while Arrow is on, he refers to Oliver as "Hoarse Hoodie" because of the voice he puts on. He calls Roy "Little Hoodie" since he's the sidekick. Well, as soon as we saw Ra's wearing the Arrow costume Shatner tweeted out "Evil Hoodie" and that is exactly what we got. Ra's doesn't like taking no for an answer so he's going to make his prophecy come true by destroying Oliver's life and that starts with making The Arrow a killer again. Match that with an angry police Captain and things are going to start getting ugly for Team Arrow. If you've seen the sizzle reel from PaleyfFest there is a clip of Lance leading a team of officers into the basement of the Foundry. Stephen Amell said at Planet Comicon that they recently had to say goodbye to a set they've used for years… looks like the team will be looking for a new home soon too thanks to Ra's and Lance.
Bonus) Probably the only interesting thing to come out of the flashback this week was the very end when Oliver ran into a woman that looked like Shado. Now if this is Shado, then it makes for an interesting thought of "Why didn't Oliver tell Slade that Shado's death wasn't his fault?" It always seemed shaky to me that Oliver blamed himself. He dove between the gun and Sara because that is who it was pointed at, it was Dr. Ivo the decided to kill Shado. So now we might get another chance for Shado's death to be Oliver's fault.
Next week we get the return of the Suicide Squad and Ray Palmer finds out that Oliver is the Arrow… could be fun.
[youtube]https://youtu.be/cI0pIGHMyq8[/youtube]
About Dan Wickline
Has quietly been working at Bleeding Cool for over three years. He has written comics for Image, Top Cow, Shadowline, Avatar, IDW, Dynamite, Moonstone, Humanoids and Zenescope. He is the author of the Lucius Fogg series of novels and a published photographer.
Posted in Movies, TV | Tagged arrow, Captain Lance, cw, entertainment, oliver queen, Ra's al Ghul, television
In One Week, In Two Weeks – 19th March 2015 – A Real Jem
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Riverdale Season 5: So What Does Happen to Cheryl, Madelaine Petsch?!
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When Batman Took on a Rogue Vanguard 2 Satellite in 1959
A Clip From The New Wrong Turn Film Debuts Online
The First Teaser Trailer for Cherry Starring Tom Holland is Here
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An Underrated Todd McFarlane Cover From Marvel Is On Auction Right Now
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Will Snivy Still Get A Community Day In Pokémon GO?
Yanick Paquette On Leaving DC Comics
Punisher Skull Spotted Multiple Times On Capitol Rioters And Police


Take a trip back to the early 1940s as the popular musical Yank! makes its way to the Charing Cross Theatre in central London. Here James Baker directs a poignant and emotional story set during the Second World War.
David Zellnik and Joseph Zellnik's show tells the story of Stu, whose war efforts include working as a photographer for Yank Magazine, with the story dealing with romance and more philosophical questions as themes emerge surrounding sexuality and trying to prove oneself. Framing all of this is the story of a man in the present day who happens upon Stu's diary in San Francisco.
The story has been a popular one since it was first told in 2005 and it makes it to the capital under the direction of the experienced James Baker, who has previously helmed touring shows like Look Upon These Words and numerous other productions in Manchester (where this production was previously seen earlier in 2017). His other credits include All Because Of Molly on tour and The Rise And Fall Of Little Voice.
So as he tackles Yank! expect a gripping and thrilling musical that will stay in the mind long after the final curtain call. The production runs at the Charing Cross Theatre from Monday 10th July 2017 (previews from Monday 3rd July 2017).


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We all know the reasons for the shift in emphasis to primary care. It's difficult to imagine a successful outcome that would not include the wise and effective use of technology to improve service to patients and simultaneously improve the performance of the health system. Primary care, practices in particular, need answers to keep afloat on this rising tide of increasing demand and financial austerity.
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Growing up in Sydney NSW his childhood pursuits were as varied as classical piano, soccer, badminton, and predictably a steady diet of video games.
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He now works at Ausgrid as a Heavy Vehicle Mechanic.


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The MAG also provides a dedicated support service to all care leavers and you will have a dedicated member of staff to offer any extra support you may need.
The University offer a bursary to UK students who have been in care for a specified period of time (not available for students on NHS funded courses). If you need further information contact the Money Advice and Guidance team.
Our purpose-built Children's Centre on campus provides full-day care places for babies and pre-school children. It also runs playschemes during the school holidays. For more information visit the Kids in Bloom website.
The University 'Faith Express' is the centre for faith information on campus inlcuding information about world faiths, local events related to faith, student faith societies and about finding a place of worship in Liverpool. We have Chaplains from the leading Christian denominations who are based in Faith Express and provide pastoral care and support for all students. Other faiths such as Bah'i, Buddhism, Hinduism, Judaism, Islam and Sikhism also have societies within the Liverpool Guild fo Students. We also have a dedicated Muslim Prayer Room located on campus in the Sydney Jones Library.
We provide confidential counselling and support to help students with personal problems affecting their studies and general well-being, both on an individual basis and through our workshop programme. Topics include optimising performance, managing anxiety and confidence building.
Our full-time service is available throughout the year to support students experiencing difficulties. We are also available to give advice to students considering making an application to study.
The Disability Advice and Guidance team recognises that each student has their own individual needs and will offer pratical help and advice to establish appropriate support that works best for you. Where students wish to disclose disability, we work closely with students and their academic departments to co-ordinate this support, aiming to reduce any disadvantage a student may experience as a result of a disability.
The International Advice and Guidance team works with students, academic departments and the Liverpool Guild of Students to improve the overall experience for international students. We provide specialist immigration advice and support students with a variety of personal and practical issues.
We welcome and value the experience and commitment that older students have to offer, and we're committed to extending opportunities to adults returning to study.
The University is committed to ensuring that all students are able to succeed, and we are committed to ensuring that no students experience any form of disadvantage because of their age, disability, status, gender reassignment, pregnancy or maternity, marriage or civil partnership, race or nationality, religious belief or non-belief , gender, or because of their sexual orientation.
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If this pack of 34 Unique Orcs, colored twice into two tribes making a horde of no less than a staggering 68 Orcs, doesn't have the Orc you need. Then I suggest good Sir or Lady, it is not an Orc you seek.
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I even threw in a DireBoar mount! Yes, this really does have all your Orc needs covered.


Viraj Naik is active/lives in India. Viraj Naik is known for painting.
Although already proficient and established as a print maker, Vasant Viraj Naik displays a natural flare for watercolors as well as acrylics. His works involve enchanting figures, which reflect his fascination with Greek mythology, and at the same time possess a distinct Goan feel - an influence of his strong roots.
Naik was born in Goa in 1975. He completed his Bachelor's degree in painting from the Goa College of Art in 1998, and later, his Master's degree from the University of Hyderabad in 2000.
He has held several solo shows, the most recent ones being, hosted at Travancore Palace by Gallerie Nvya, New Delhi, in 2007; Pundole Art Gallery, Mumbai, in 2007; Lalit Kala Akademi, New Delhi, in 2006; and ... Displaying 750 of 1360 characters.


Japanese independent denim brand FDMTL is celebrating its 10th anniversary with a collaboration with California sneaker brand Vans. Together the two present a Vans Era and a Vans Slip-On, both coming with Japanese patchwork fabric uppers. Different kinds of Indigo dyed fabrics have been used for the uppers of the sneakers, and have been woven together to form beautiful patchwork patterns. The Indigo coloring will wear off over time and as such each sneaker will receive its very own patina. FDMTL branding is placed on the heel of the two sneakers and also on the upper with little tags. You can pre-order the Vans x FDMTL 10th Anniversary "Japanese Patchwork".


Home » Topics » Osteoporosis » Research » A multicenter randomized controlled trial using a novel collagen membrane for guided bone regeneration at dehisced single implant sites: Outcome at prosthetic delivery and at 1-year follow-up.
Summary of "A multicenter randomized controlled trial using a novel collagen membrane for guided bone regeneration at dehisced single implant sites: Outcome at prosthetic delivery and at 1-year follow-up."
To compare clinical performance of a novel resorbable non-cross-linked collagen membrane, creos xenoprotect (CXP), with a reference membrane (BG) for guided bone regeneration (GBR) at dehisced single implant sites.
Open-label Extension Phase of a Chronic Diabetic Foot Ulcer Multicenter, Controlled, Randomized Clinical Trial Using Cryopreserved Placental Membrane.
2D and 3D radiographic outcome assessment of the effect of guided tissue regeneration using resorbable collagen membrane in the healing of through-and-through periapical lesions - A randomized controlled trial.
To evaluate the effect of collagen membrane on the healing of through-and-through periapical lesions using 2-dimensional (2D) and 3-dimensional (3D) imaging techniques.
10-year Outcomes of Cervical Disc Replacement with the BRYAN® Cervical Disc: Results from a Prospective, Randomized, Controlled Clinical Trial.
Prospective, randomized multicenter IDE Trial between May 2002 and October 2004.
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Lateral Ridge Augmentation Using a Volume Maintaining Collagen Scaffold Versus Allograft With Collagen Membrane.