text:
13-1585-EL-GAG
PRAIRIE TOWNSHIP
GAG-Certification Application for governmental aggregators
10/18/2021 Opt-Out Notice electronically filed by Mr. Scott R. Belcastro on behalf of Prairie Township. 5
08/09/2021 Certificate No. 13-725E issued. 2
07/08/2021 Application Renewal for Electric Governmental Aggregator electronically filed by Mr. Scott Belcastro on behalf of Prairie Township, Franklin County, OH. 28
07/08/2021 Renewal Application for Electric Governmental Aggregator electronically filed by Mr. Scott Belcastro on behalf of Prairie Township, Franklin County, OH. 28
12/22/2020 Opt-Out Notice electronically filed by Mr. Scott Belcastro on behalf of Prairie Township. 5
08/12/2019 Renewal Certificate # 13-725E(4) issued. 4
06/26/2019 Renewal Application for Certification as an Electric Governmental Aggregator electronically filed by Mr. Scott Belcastro on behalf of Prairie Township. 30
01/08/2019 Opt-Out Notice electronically filed by Mr. Scott Belcastro on behalf of Prairie Township, Franklin County, OH. 7
08/10/2017 Renewal Certificate No. 13-725E(3) issued. 4
07/10/2017 Additional information electronically filed by Mr. Scott Belcastro on behalf of Prairie Township. 30
06/06/2017 Renewal Application 2017 electronically filed by Mr. Scott Belcastro on behalf of Prairie Township. 30
11/18/2016 Opt-Out Notices for Prairie Township, Franklin County, Ohio filed by Kimberly Bojko on behalf of Trebel LLC.(FAX) 9
08/25/2015 Opt-Out Notice electronically filed by Ms. Tara L Chapman on behalf of IGS Energy. 6
07/08/2015 Amended Application electronically filed by Scott Belcastro on behalf of Prairie Township. 35
07/02/2015 Renewal application for Governmental Aggregators electronically filed by Scott Belcastro on behalf of Prairie Township. 30
04/06/2015 Correspondence regarding amended Operation and Governance Plan. electronically filed by Ms. Rebecca L Hussey on behalf of Prairie Township 15
03/25/2015 Opt-Out Notice electronically filed by Scott Belcastro on behalf of Prairie Township. 6
12/24/2014 Opt-Out Notice electronically filed by Scott Belcastro on behalf of Prairie Township. 10
02/21/2014 Opt-Out Notice to be sent to residential and commercial accounts in the Prairie Township aggregation program, electronically filed by Ms. Emily M Fernandez on behalf of Prairie Township and FirstEnergy Solutions and Trebel llc. 11
08/13/2013 Certificate No. 13-725E (1) issued. 3
07/08/2013 In the matter of the application of Prairie Township for certification for Governmental Aggregator electronically filed by Scott Belcastro on behalf of Prairie Township. 31


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Export Support Service business toolkit
Updated government Export Support Service business toolkit
The Export Support Service helpline and online form is the first point of contact for all UK businesses to get answers to questions about exporting their products or services to customers in Europe.
This free government service is run by the Department for International Trade and includes a helpline is currently operating with extended hours, open Monday to Friday from 8am to 8pm. It is the single point of contact for businesses and traders with questions about exporting to Ukraine, Russia or Belarus.
No matter the size of your business, how much you export or where in the UK you are based, DIT indicate that businesses can use the service to get answers to their questions. It can also help businesses navigate other government services, so they can find further support about trading with Europe or other countries, such as DIT's International Trade Advisers and the Export Academy.
The Export Support Service currently focuses on questions businesses may have about trading with Europe but will expand to cover more global markets this year. DIT will continue to work with businesses and business representative groups in all parts of the UK, to help make the service as useful as possible for businesses at every stage of their exporting journey.
Download the updated toolkit
You can get in touch with the Export Support Service by visiting www.gov.uk/ask-export-support-team or by calling 0300 303 8955.
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redpajama_set_name: RedPajamaCommonCrawl


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Written Submission on Human Rights and Climate Change for the Pre-Budget Consultations in Advance of the Upcoming Canadian Federal Budget
Feb 23, 2021 7 min read Environmental
Recommendations In the 2021 budget, Human Rights Watch recommends that Canada: 1.
Allocate funding to enable the meaningful participation of, and partnership with, First Nations, including women, youth, and older people, in the implementation of Canada's 2020 climate plan, Covid-19 recovery, and food policy discussions. 2. Ensure consistent, adequate, and long-term funding and support for Indigenous-led programs to monitor climate change impacts, including through investments in First Nations Guardians and support for a national network of First Nations climate coordinators at the community and regional levels to facilitate climate adaptation planning. 3. Ensure long-term, sufficient, predictable, and sustainable funding to respond to climate change impacts on First Nations' infrastructure (including winter roads), food supply, and health, including by: a. Addressing the infrastructure deficit, including operation and maintenance needs, to ensure adequate, sustainable, and affordable housing, sufficient and reliable clean drinking water and wastewater services, and sustainable community infrastructures such as schools, clean energy, and roads; and b. Supporting First Nations-led conservation efforts to foster environmental and climate resiliency, including the establishment and maintenance of Indigenous Protected and Conserved Areas (IPCAs) and Guardian programs. 4. Ensure support for a comprehensive framework of First Nations-led adaptation policies and programs to address the impacts of climate change on First Nations food poverty and health, including through: a. The creation of a First Nations Climate Institute, responsible for expert support, facilitation, and coordination for First Nations-led climate initiatives; and b. Support for a First Nations-led National Food Security/Sovereignty Strategy. 5. Improve access to mental health care and psychosocial support in First Nations by allocating targeted funding for community-based services. 6. Support a national school food program to provide healthy food in all public schools, with a particular focus on ensuring that First Nations children have prompt access to the program and are provided with traditional or other culturally appropriate food. 7. Not introduce new subsidies or other forms of financial support for fossil fuel companies in its 2021 Budget. 8. Ensure that Budget 2021 supports a just transition towards clean, renewable energy, including prioritizing First Nations looking to transition away from reliance on fossil fuels. Background Human Rights Watch is an independent, international organization that works in over 100 countries around the world as part of a vibrant movement to uphold human dignity and advance the cause of human rights for all. In 2020, Human Rights Watch released a report, "'My Fear is Losing Everything': The Climate Crisis and First Nations' Right to Food in Canada," which documents how climate change impacts—including more extreme weather, thawing permafrost, reduced snow and ice, and more wildfires—are depleting First Nations' traditional food sources, increasing the danger and difficulty of harvesting, driving up the cost of imported alternatives, and contributing to a growing problem of food poverty and related negative health impacts.
These impacts are particularly acute for children, older people, and people with chronic diseases whose health conditions can make a healthy diet all the more critical. Climate change impacts on traditional food sources also affect First Nation's abilities to practice and maintain their cultures, resulting in significant impacts on mental health and wellbeing. With Canada warming at about twice the global average, the worst is yet to come. Human Rights Watch has worked on human rights crises impacting First Nations communities since 2012, including documenting government failures related to the crisis of missing and murdered Indigenous women and girls and the First Nations water crisis. This submission outlines Human Rights Watch's recommendations for Canada's Federal Budget 2021 as they relate to our climate change research, conducted from 2018-2020 on First Nations' rights to food, health, and culture. While these recommendations are specific to addressing the harmful climate impacts Human Rights Watch documented on First Nations, other Indigenous peoples in Canada have reported similar impacts and would likely benefit from similar programming support. I. Supporting First Nations' Climate Change Adaptation Needs As Canada works to "build back better" toward a "a greener, more competitive, more innovative, more inclusive, more resilient Canada," the federal government should ensure that First Nations are not left behind.
The federal government has repeatedly committed to realize the rights of First Nations people and address historic discrimination and inequality, including through its Covid-19 response. But federal funding has yet to address longstanding First Nations' concerns including regarding infrastructure gaps, sub-standard housing, and food poverty.[1] For example, Human Rights Watch documented in 2016 how the federal government has long over-promised and under-delivered on key investments in water and wastewater infrastructure and the equally important operation and maintenance of such assets. Now, climate change is further exacerbating this socio-economic inequality, along with the related disparity in health and food poverty outcomes in First Nations. Human Rights Watch has documented how climate change is taking a growing toll on First Nations in Canada, depleting food sources and adding to existing physical and mental health inequalities between First Nations people and non-Indigenous Canadians. In line with Canada's international obligations, First Nations should receive the financial and technical support needed to respond to current and projected climate impacts, including on food and health, and should lead the design and implementation of programs addressing these impacts. Across Canada, First Nations are working to proactively address and respond to the impact of the climate crisis, including impacts on their rights to food, health, and culture. Some maintain strong traditional food sharing networks, while others have created monitoring systems for climate change impacts on their environment. Yet, all these efforts require resources and capacity, which many communities lack. Human Rights Watch research found that the Canadian government has yet to meet its human rights obligation to support First Nations in adapting to current and anticipated impacts of climate change. In the December 2020 climate plan, A Healthy Environment and a Healthy Economy, the federal government recognized that "[s]upporting self-determined [Indigenous] climate action is critical to advancing Canada's reconciliation with Indigenous peoples." In the September 2020 Speech from the Throne, the government further committed to "work with ... First Nations ... to address food insecurity in Canada." Budget 2021 presents a crucial opportunity to deliver on these commitments and ensure Canada meets its human rights obligations to First Nations. In the 2021 budget, Human Rights Watch recommends that Canada: 1. Allocate funding to enable the meaningful participation of, and partnership with, First Nations, including women, youth, and older people, in the implementation of Canada's 2020 climate plan, Covid-19 recovery, and food policy discussions. 2. Ensure consistent, adequate, and long-term funding and support for Indigenous-led programs to monitor climate change impacts, including through investments in First Nations Guardians and support for a national network of First Nations climate coordinators at the community and regional levels to facilitate climate adaptation planning. 3. Ensure long-term, sufficient, predictable, and sustainable funding to respond to climate change impacts on First Nations' infrastructure (including winter roads), food supply, and health, including by: a. Addressing the infrastructure deficit, including operations and maintenance needs, to ensure adequate, sustainable, and affordable housing, sufficient and reliable clean drinking water and wastewater services, and sustainable community infrastructure such as schools, clean energy, and roads; and b. Supporting First Nations-led conservation efforts to foster environmental and climate resiliency, including the establishment and maintenance of Indigenous Protected and Conserved Areas (IPCAs) and Guardian programs. 4. Ensure support for a comprehensive framework of First Nations-led adaptation policies and programs to address impacts of climate change on First Nations food poverty and health, including through: a. The creation of a First Nations Climate Institute, responsible for expert support, facilitation, and coordination for First Nations-led climate initiatives; and b. Support for a First Nations-led National Food Security/Sovereignty Strategy. 5. Improve access to mental health care and psychosocial support in First Nations by allocating targeted funding for community-based services. 6. Support a national school food program to provide healthy food in all public schools, with a particular focus on ensuring that First Nations children have prompt access to the program and are provided with traditional or other culturally appropriate food. II. Preventing Further Foreseeable Harm from Climate Change Canada should ensure that spending does not cause foreseeable harms from climate change by entrenching fossil fuel dependence. Climate change is significantly impacting First Nations—and their livelihoods—across Canada, and there is evidence that the worst is yet to come. Canada is warming by about twice the global average, and northern Canada is warming even faster.
The choices Canada makes about where to direct funds to stimulate and support a post-Covid-19 recovery could be a game changer to enable rapid transition to clean, renewable energy, and to protect the rights of those impacted by the Covid-19 and climate crises. However, to date, Canada has chosen to double down on support for fossil fuels, increasing government support to fossil fuels by over US$15 billion since the start of the Covid-19 pandemic, more than three times the amount allocated to support Indigenous and northern communities.[2] Human Rights Watch recommends that Canada: 1. Not introduce new subsidies or other forms of financial support for fossil fuel companies in its 2021 Budget. 2. Ensure that Budget 2021 supports a just transition towards clean, renewable energy, including prioritizing First Nations looking to transition away from reliance on fossil fuels. [1] The First Nations infrastructure deficit is estimated to be as high as CAD$30 billion. Indigenous Services Canada, Government of Canada, https://www.sac-isc.gc.ca/eng/1523817069680/1523817091386?wbdisable=true (accessed February 16, 2021). [2] "Canada," energy policy tracker, International Institute for Sustainable Development, The Institute for Global Environmental Strategies, Oil Change International, Overseas Development Institute, Stockholm Environment Institute, and Columbia University, 2020, https://www.energypolicytracker.org/country/canada (accessed February 16, 2021); "Government of Canada announces further reinforcement of COVID-19 supports for Indigenous communities," Indigenous Services Canada, Government of Canada, January 13, 2021, https://www.canada.ca/en/indigenous-services-canada/news/2021/01/government-of-canada-announces-further-reinforcement-of-covid-19-supports-for-indigenous-communities.html (accessed February 17, 2021).
https://www.hrw.org/report/2013/02/13/those-who-take-us-away/abusive-policing-and-failures-protection-indigenous-women
https://www.hrw.org/report/2016/06/07/make-it-safe/canadas-obligation-end-first-nations-water-crisis
https://www.ohchr.org/Documents/Issues/CulturalRights/Call_ClimateChange/Women-of-the-metis-nation.docx
https://www.itk.ca/wp-content/uploads/2019/09/20190907-arctic-and-northern-policy-framework-inuit-nunangat-final-en.pdf
https://www.canada.ca/en/privy-council/campaigns/speech-throne/2020/stronger-resilient-canada.html
https://changingclimate.ca/CCCR2019/
https://www.sac-isc.gc.ca/eng/1523817069680/1523817091386?wbdisable=true
https://www.energypolicytracker.org/country/canada
https://www.canada.ca/en/indigenous-services-canada/news/2021/01/government-of-canada-announces-further-reinforcement-of-covid-19-supports-for-indigenous-communities.html
Matthew Medinsky
10 Joe Biden 2021 Blunders that Killed the American Energy Renaissance
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MC 43 Trade Test for Promotion in Artisan Categories
Trade Test for Promotion in Artisan Categories.
At present, the orders relating to 'Trade Test' are contained in a number of office circulars/orders issued from time to time. The question of consolidation of these existing orders/circulars in to one Master Circular has been under the consideration of the Ministry of Railways (Railway Board). They have now decided to issue a consolidated order on the subject as below for the information and guidance of all concerned.
2. A Trade Test is given to employees belonging to artisan category on the Railways at the time of promotion to semi-skilled and skilled Grade I, II & III and for promotion to ESM/MSM in S&T Department.
2.1 Trade Tests are to be conducted twice a year.
2.2 Trade Test should comprise both oral and practical and may include written test wherever considered necessary.
2.3 Qualifying Marks in the Trade Test would be as follows: –
Total Marks Qualifying Marks
Practical 60 36
Oral 40 15
Note: A SC/ST candidate will be required to secure 30 marks out of 60 in the practical test and 11 marks out of 40 in the oral test, as against 36 marks out of 60 in the practical test and 15 marks out of 40 in the oral test prescribed for other community candidates, to qualify in a Trade Test in the categories other than safety categories (E(SCT)70/CM/15/6 dated 31.08.1971).
2.4 The syllabus and rules of Trade Tests for each category are contained in the Trade Test Manual available on the Railways.
2.5 (i) Employees equal to the number of vacancies should be called for trade test. If sufficient number of suitable candidates is not available, further candidates to meet the short fall may be called up in continuation and so on, but the whole process should be completed within six months. If this period is exceeded, it will be treated as a fresh trade test. Those who failed in the earlier test should be eligible to appear in trade test held after expiry of six months period. The period of six months is to be reckoned from the date of announcement of the results.
2.5. (ii) In case of promotion to the posts of ESMs/MSMs Grade-II and I in the S&T Department, employees equal to twice the number of vacancies may be issued notices for consideration for trade test so that an equal number remains in readiness for appearing in the subsequent trade test held in continuation, in case some candidates are not found suitable in the trade test, necessitating other candidates in order of seniority being called at a short notice. Fresh notice need not be issued for the standby candidates. The same procedure may be followed in other cases also where vacancies are required to be filled expeditiously.
2.6 If an employee fails in a trade test but passes subsequent trade test, he should be given preference for promotion over his junior who had passed the trade test held earlier but is still waiting to be promoted for want of a vacancy.
[E(NG)I/66/PM1/98 dated. 18.02.1967]
2.7 Pending the holding of Trade Tests, an employee may be promoted to officiate on ad hoc basis for a period of six weeks without passing a trade test.
[E(NG)I/79/PM1/139 dated. 27.10.1979]
3. The assessment of vacancies for the trade test should be made as under :-
"Existing vacancies plus those anticipated to arise (as defined below) during the next 4 months."
3.1 The concept of anticipated vacancies should be deemed to connote the following:
a. Vacancies on account of normal wastage, viz retirement on superannuation,
b. Vacancies likely to be caused as a result of staff having given notice for voluntary retirement, provided the same are likely to be accepted,
c. Vacancies in higher grades in the channel, the filling of which will result in the need to make consequent appointments from the proposed panel,
d. Vacancies likely to be caused due to staff approved to go on deputation to other Units,
e. Number of staff already empanelled for ex-cadre posts,
f. Vacancies likely to arise due to creation of additional post in higher grades and in the same grade. This may include only those proposals which have been concurred in by the Accounts and approved by the competent authority, and
g. The vacancies arising out of cases where staff are likely to go out on transfer to other Railways/Divisions during the period under consideration.
4. Approval of Trade Test Assessment:
4.1 The actual trade test will be arranged by an Assistant Officer according to the specified trade tests. He will assess the results of the trade test, which must be supervised by a Supervisor not below the rank of Assistant Foreman or equivalent status. In Workshops and other places where large concentration of skilled categories exist, it will be desirable to employ a whole time trade testing supervisor to assist in arranging and conducting the trade test.
Results of trade test may be approved in the divisions by the respective Administrative Grade Officers of the departments concerned. Where there are no Administrative Grade Officers in position in a division, the trade test results may be approved by DRM or ADRM.
4.2 In regard to Workshops and other non-divisional units headed by a Senior Scale Officer, trade test results should be approved by the Dy. HOD of the department concerned at Head Quarters office who will work as Chairman of the Trade Test Panel. The Trade Test Panel consists of three officers namely (I) Foreman/Assistant Foreman or Inspector Supervising Trade Test, (ii) Assistant Officer concerned, and (iii) JA. Grade Officer of the department who acts as Chairman, Trade Test Panel and approves the results.
4.3 In the event of an appeal over any approve trade test, the appeal will lie to the Chairman, Trade Testing Panel i.e. the Administrative Grade Officer who approved the trade test results, will function as an Appellate Authority.
4.4 The Trade Test accepting officers are advised to scrutinise the results of the Trade Test properly to ensure that there is no over-writing/alteration before accepting them, so that manipulations, if any, can be detected and prevented.
5. Employees who have already qualified in a Trade Test for non-selection posts in R.E. or Construction Projects need not be subjected to such tests on open line and they may be promoted on the basis of the seniority as and when due in turn. This is, however, applicable in comparable Trades only in which the lien of the individual is kept on the open line and is applicable only to the next higher grade than the one in which the lien is kept.
6. General:
a. While referring to this circular, the original letters referred to herein should be read for a proper appreciation. This circular is only a consolidation of the instructions issued so far and should not be treated as a substitution to the originals. In case of doubt, the original circular should be relied upon as authority.
b. The instructions contained in the original circulars referred to have only prospective effect from the date of issue unless specifically indicated otherwise in the concerned circular. For dealing with old cases, the instructions in force at the relevant time should be referred to; and
c. If any circular on the subject, which has not been superseded, has not been taken into consideration while preparing this consolidated letter, the old circular which has been missed through oversight should be treated as valid and operative. Such a missing circular, If any, may be brought to the notice of the Railway Board.
Order issued Subsequently.
1. Calculation of anticipated vacancies Vide Railway Board's letter No. 89-E(SCT)I/49/5-Pt. dated 14.07.1997.
2. Promotion from Technician Gr. II (4000-6000) to Technician Gr. I (4500-7000) Vide Railway Board's letter No. PC-III/96/FE-I/3 dated 19.08.1999 (RBE 212/1999).
← MC 44 In-service Training to Non-gazetted Railway Staff
MC 42 Cultural Activities on Railways →


Debt markets across Europe continue to see a broadening of debt providers with the structures available becoming more innovative. This provides an increased range of options to borrowers who are looking to fund business growth or undertake change of ownership transactions.
In a review of 2016 activity, mid-market debt specialists Clearwater International noted the above trend showed no signs of easing with the traditional banks establishing strategic links with specialist debt funds to fulfil borrower funding requirements.
Away Resorts – Clearwater International has advised LDC-backed UK holiday park operator Away Resorts, raising a significant debt facility to support its acquisition of Sandy Balls Holiday Village in the New Forest, forming a group with 6 sites valued in excess of €100m.
FM Conway – Clearwater International advised leading infrastructure services company FM Conway, on its multi-million pound refinance and debt raise, to support the acquisition of United Asphalt. United Asphalt operates two asphalt plants, Theale in Berkshire and Croydon, together with a recycling depot at Coltrop, Berkshire. The Theale plant is rail fed and helps satisfy the company's strategic objections of growth West of London and access to the rail network.
Beech Properties – Clearwater International advised this owner-managed UK regional developer on its €38m finance raise from London based fund RoundShield Partners. The deal highlighted the continued shift we have seen in the debt market away from traditional banks towards alternative lenders, who are able to offer more flexible debt capital.
A key trend that Clearwater has followed closely has been the increase of the specialist debt providers/alternative lenders looking to compete with financial sponsors directly when business owners are looking to pass their business to second generation family members/incumbent management teams or even de-risk personally. However, although this can appear to be an attractive option, it is not suitable for all parties, highlighting again how the complexities of debt structures for individual scenarios can often require a business to consult an adviser.
With H2 2015 seeing record levels of capital being raised by debt funds, the consequence of this will be increased pressure for it to be deployed, it would seem that 2017 will be another sterling year for businesses to fund their innovation and growth.


"Predictive accuracy of anti mullerian hormone as indicator of ovarian " by Zehra Jamil, Khalida Perveen et al.
Objective: To evaluate the strength of anti-mullerian hormone in reflecting the stages of ovarian toxicity-induced by cyclophosphamide.Methods: This study was conducted in December 2014 and comprised female mice that were divided into four groups: group A served as control, group B received three weekly injections of cyclophosphamide, group C was co administered alpha-tocopherol along with cyclophosphamide, while group D solely received alpha-tocopherol. The ovaries were evaluated for follicular dynamics, and anti-mullerian hormone was assessed using mouse enzyme-linked immunosorbent assay kit. The data was analysed using SPSS 19.Results: There were 40 mice in the study. Histological analysis revealed severely reduced ovarian reserve in group B(p<0.01).In group C alpha-tocopherol conserved the ovarian reserve to near normal, thus follicle count was significantly higher than group B (p<0.05). However, this moderate reduction was still lower than the controls (p<0.01). Furthermore, the number of corpus lutea and atretic follicles were significantly higher in groups B and C (p<0.01). Regarding hormonal analyses in comparison to controls, anti-mullerian hormone levels were low in group B (p<0.01), while group C reported an insignificant fall in serum anti-mullerian hormone levels (p=0.101).CONCLUSIONS: There was substantial evidence that anti-mullerian hormone monitoring during chemotherapy administration may fulfil the criteria of earliest diagnostic indicator of secondary infertility.
Jamil, Z., Perveen, K., Malik, R., Avesi, L. (2017). Predictive accuracy of anti mullerian hormone as indicator of ovarian follicle loss in cyclophosphamide treated mice. Journal of Pakistan Medical Association, 67(10), 1470-1475.


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TCAA/TML Legal Defense Program: Amicus Briefs and Comments Filed
Recent Texas Cases of Interest to Cities
Recent Texas Attorney General Opinions of Interest to Cities
Austin, Texas Sign Ordinance Declared Content Based, Unconstitutional
Supreme Court Review for Local Governments 2019-2020
U.S. Supreme Court Upholds California's COVID-19 Restrictions on Religious Worship
Fifth Circuit Remands in Texas Capitol Rotunda Display Case
Supreme Court Midterm for Local Governments 2019-2020
Attorney's Errors and Omissions Policy Isn't Public Information
Texas City's Banner Sign Limitation Found Content Based, But Survives First Amendment Challenge
2014 – 2019 Newsletters
TCAA Website
Note: Included cases are from May 11, 2014 through June 10, 2014.
Tort Claims Act: Alexander v. Walker, No. 11-0606, 2014 WL 2535949 (Tex. June 6, 2014) (per curiam). This is an election of remedies case under the Texas Tort Claims Act, Texas Civil Practices and Remedies Code Section 101.106. Walker brought claims against two sheriff's deputies based on false arrest, assault, and various other issues stemming from two different arrests. The issue was who (the county or deputies) should be sued and how Section 101.106 works. The court goes through a detailed explanation of Section 101.106, especially subsection (f), and holds that the deputies' conduct was within their "scope of employment" because the plaintiff's federal suit was against the county for the exact same events. Because the suit is against the deputies in their official capacities, they were entitled to dismissal of the suit as it is properly brought against the county.
Employment Discrimination: City of Houston v. Proler, No. 12-1006, 2014 WL 2535994 (Tex. June 6, 2014). The case begins by asking "Does a firefighter who refuses to fight fires have a 'disability' under either state or federal law?" The Supreme Court of Texas answers no. When one of its firefighters refused to enter a burning building, the city transferred the individual to the training academy. He complained and got transferred back. Again, when presented with a burning building, he could not go into the building. Again, he was transferred to the training academy, and this time he filed suit under the Americans with Disabilities Act and Chapter 21 of the Labor Code. The trial court held that the city was discriminating against the firefighter because of his "global transient amnesia" disability and ordered the city to reinstate him and stop discriminating against him and awarded him $362,000(!!!) in attorneys fees. The Supreme Court of Texas held that the inability to set aside the normal fear of entering a burning building is not a disability and the city did not discriminate against the firefighter when they transferred him. "A job skill required for a specific job is not a disability if most people lack that skill." 2014 WL 2535994 at *3. The firefighter also argued that he was "perceived as" having a disability. The court held there was no evidence of this claim; the city had only perceived that the firefighter couldn't do his job.
Tort Claims Act: City of Watauga v. Gordon, No. 13-0012, 2014 WL 2535995 (Tex. June 6, 2014). Gordon sued the city when his wrists were injured due to use of handcuffs by officers. Under the Tort Claims Act, a city can be liable if a person suffers injury due to an employee's negligent use of personal property, but a city's immunity is not waived if the act is intentional. Tex. Civ. Prac. & Rem. Code §§ 101.021; 101.057(2). The city argued that the injury was not from the negligent use of property which would waive its immunity, but allegedly caused by the intentional use of personal property and was, therefore, a case of battery for which the city's immunity was not waived. Gordon argued that either: (1) he consented to being handcuffed; or (2) it was negligence because the officer did not intend to injure him. The court dismissed both arguments. No one really consents to being handcuffed and the physical contact was intended—even if the injury was not. Because the plaintiff alleged excessive force (a claim that a battery occurred) the act was intentional and the city is not liable. The court dismissed the case against the city.
Tort Claims Act: Brumfield v. Texas Dep't of Transp., No. 02-13-00175-CV, 2014 WL 2462699 (Tex. App.—Fort Worth May 29, 2104) (mem. op.). The plaintiff in this case was injured when he crashed his motorcycle on a highway that was under repair by the Texas Department of Transportation (TxDOT). TxDOT had milled out the road, leaving it grooved and uneven, and left it that way for a couple of weeks before paving it. TxDOT placed warning signs about the condition of the road. The crash occurred while the road was still grooved. The plaintiff sued under the Tort Claims Act (Act), arguing that the grooved road was a "special defect" or "premises defect." Tex. Civ. Prac. & Rem. Code §§ 101.021(2); 101.022(b). The state filed a plea to the jurisdiction. Under the Act, special defects are compared to "excavations or obstructions on highways." Id. § 101.022(b). However, the road defect must "pose an unexpected and unusual danger to ordinary users of roadways." 2014 WL 2462699 at *5. The evidence showed that the grooving only caused up to a two inch difference in elevation. The court of appeals held that such a small difference was not a special defect under the Act. The Texas Supreme Court also held that the two inch variation was not unreasonably dangerous and that the state did not have actual knowledge that the road condition would cause accidents. The court affirmed the trial courts order granting TxDOT's plea to the jurisdiction and motion for summary judgment.
Inverse Condemnation: City of Austin v. Liberty Mutual Ins., No. 03-13-00551-CV, 2014 WL 2041867 (Tex. App.—Austin May 16, 2014). This is an interlocutory appeal in an inverse-condemnation and Texas Tort Claims Act (Act) case where the trial court denied the city's Rule 91a motion (Rule allowing dismissal for baseless claims). Since the city's asserted entitlement to a "baseless" challenge is jurisdictional, the appellate court has interlocutory jurisdiction. The Austin Court of Appeals affirmed in part and reversed in part. A wildfire damaged numerous homes and caused injuries. The owners and insurance companies (through subrogation) brought a suit essentially alleging that the city started the fire when the city's electric utility's overhead distribution lines came in contact with each other during high winds. Plaintiffs brought inverse-condemnation, negligence, and trespass claims. The factual allegations center on the city's decision, for cost savings, to go from a regular inspection of lines to a repair-as-needed policy. The city filed a Rule 91a motion for baseless claims. The city asserted the petitions did not sufficiently allege the "intent" and "public use" elements requiredfor a taking, their actions were governmental not proprietary, no proper charter notice was provided and it retains immunity. The trial court denied the motion and the city appealed. The appellate court noted that this is at heart a plea to the jurisdiction and it would analyze the case as such. Under a takings analysis a party must allege that the governmental entity intended the resulting damage, or at least knew that the damage was substantially certain to occur, not merely that it intended the act. This is a question of law. The court concluded the pleadings do not reasonably support a conclusion that the fire and damage was substantially certain to occur. The facts, at best, show "that the City's conduct furnished a condition that made property damage a substantial risk. That is far different, however, from being the substantial certainty required for a valid takings claim." It also noted the pleadings do not support a conclusion that the property was damaged for "public use." The court then analyzed the city's immunity under the Act for the activities alleged. The city asserted that while a public utility operation is proprietary, its sub-acts of fire prevention and engineering decisions are still protected. The court determined the activities complained of were proprietary so no governmental immunity applies. With regards to charter notice, the court held if the city had immunity from suit, the notice is jurisdictional. If it does not, then the charter notice cannot confer immunity from suit and is nothing more than a liability defense.*
Civil Service: Thompson v. City of Waco, No. 04-13-00460-CV, 2014 WL 2434589 (Tex. App.—San Antonio May 30, 2014). The City of Waco adopted an ordinance that allows for thirty-five fire station lieutenants. When one lieutenant was indefinitely suspended, Chad Thompson, a fire fighter for the City of Waco, was promoted to fire station lieutenant. The suspended lieutenant appealed the suspension, and the hearing examiner reinstated the fire station lieutenant. This created a condition where the number of fire station lieutenants exceeded the number of authorized positions. When this happened, the fire chief demoted Thompson back to his previous position. Thompson sued the city alleging that his demotion violated the Fire Fighter and Police Officer Civil Service Act (Act). The trial court granted the city's motion for summary judgment and denied Thompson's. Thompson then filed this appeal. The court of appeals recognized that the legislature has granted cities the authority to establish the number of classified positions under the Act. The hearing officer's reinstatement could not create an additional position. The court concluded that the city provided Thompson with the protections afforded by the Act for force reductions, and the trial court properly granted the city's motion.
Payday Lending: Consumer Serv. Alliance of Texas, Inc. v. City of Dallas, No. 05-13-00255-CV, 2014 WL 2156263 (Tex. App.—Dallas May 23, 2014). In this case, the Consumer Service Alliance of Texas, Inc. (CSAT) appeals the trial court's order granting the City of Dallas's plea to the jurisdiction. The case involves the ordinance adopted by the Dallas City Council regulating credit access businesses (CABs) in the city. CSAT, a trade association comprised of CABs, filed a lawsuit requesting a declaration from the trial court that the ordinance was preempted by provisions of the Texas Finance Code and requesting injunctive relief to prevent enforcement of the ordinance. The city followed with a plea to the jurisdiction. CSAT filed an amended petition; the city filed a second plea and special exceptions to the amended petition. The trial court granted some of the city's special exceptions, and CSAT filed a combined pleading with two intervenors. The city filed special exceptions to the combined pleading, asserting that the parties failed to plead a waiver of governmental immunity from suit. The parties agreed to amend their pleading and in the second combined pleading alleged that provisions of the Texas Finance Code regulate the field of business in which CABs operate in Texas and the city's ordinance conflicted with these provisions by placing restrictions on consumer credit that CABs could obtain for consumers. The city again filed a plea to the jurisdiction. The city argued: (1) the trial court lacked subject matter jurisdiction to construe, declare invalid, or enjoin enforcement of a penal ordinance; (2) appellants had not asserted, and could not assert, a valid preemption claim to establish waiver of governmental immunity from suit; (3) there is no waiver of immunity for appellants' request for attorney's fees; and (4) CSAT lacked organizational standing to assert a claim. The court first concluded that the ordinance was, in fact, a penal ordinance. Next, the court laid out the Morales test providing the four types of situations where a claimant may obtain relief from an equity court based on the alleged unconstitutionality of a penal ordinance. See State v. Morales, 869 S.W. 2d 941, 944-45 (Tex. 1994). The court concluded that CSAT failed to establish, under the second prong of the test, that enforcement of the ordinance would result in irreparable harm to a vested property interest. Since a law that does not forbid a lawful business from operating will not be regarded as harming vested property, appellants could not show that they had a vested property right. The court concluded that the appellants failed to show that the enforcement of the ordinance would cause them any harm other than the harm inherent in prosecution of an offense. Thus, the trial court did not err by determining that it did not have equity jurisdiction over the claims. The court added that, for the same reasons that a court exercising civil jurisdiction does not have equity jurisdiction to enjoin the enforcement of penal statutes, it also does not have equity jurisdiction to render a declaratory judgment regarding the constitutionality of a criminal ordinance.
Substandard Structure: Russell v. City of Dallas, No. 05-13-00061-CV, 2014 WL 2090010 (Tex. App.—Dallas May 16, 2014) (mem. op.). In this substandard building case, Samuel Russell challenged the demolition of a building on his property and brought a takings claim against the City of Dallas. The city sought and received a demolition order for a building on Russell'sproperty from its municipal court of record. Russell purchased the real property after the city had begun the process of obtaining authorization to demolish the structure, as an urban nuisance. Russell sought a declaratory judgment that the structure was not an urban nuisance and asserted a takings claim against the city. The city responded by filing a counterclaim seeking injunctive relief for Russell to demolish the structure or repair the substandard conditions on the property. The trial court entered a temporary order requiring Russell to take certain actions and make the property available for inspection. However, after a trial to the court, the court ordered the building be demolished. The court notes that Russell failed to properly preserve for appeal his challenge to the requirement of a verified pleading. His takings claim focused on claims not pled and without a proper record to show otherwise, the court found that Russell waived this claim as well. The court of appeals affirmed the trial court's judgment.
Taxing Authority: Dallas City Homes, Inc. v. Dallas Cnty., No. 05-13-00033-CV, 2014 WL 2109376 (Tex. App.—Dallas May 14, 2014) (mem. op.). Dallas City Homes (DCH) is a non-profit corporation that develops low-income housing. In 2004, DCH granted a deed of trust for real property in the City of Dallas to secure a real estate lien note payable to the City of Dallas for the purpose of creating federally funded affordable housing. In 2010, the city notified DCH that it was in default for failing to complete construction on the property by the agreed upon deadline. DCH ultimately decided that it should allow the city to foreclose on the loan. In 2011, Dallas County, City of Dallas, Dallas Independent School District, Dallas County School Equalization Fund, Parkland Hospital District, and Dallas County Community College (collectively the Taxing Authorities) initiated a lawsuit to collect delinquent taxes pursuant to Section 33.41 of the Texas Tax Code on unpaid property taxes from the property. While the lawsuit was pending, the city foreclosed on its lien on the property, and the city purchased the property at a foreclosure sale. After the foreclosure, DCH filed a motion for summary judgment claiming the city had taken possession of the property. The motion argued that the taxing authorities could no longer seek the delinquent taxes because the taxes should have been accounted for when the property was foreclosed upon. The trial court denied this motion. In a bench trial, the trial court found that the taxes, penalties, and interests have been paid, but awarded the Taxing Authorities court costs and abstractor's fees. DCH appealed this judgment. The court of appeals concluded that the Taxing Authorities were not a "successful party" and were not entitled to costs associated with collecting the delinquent taxes. The court reversed the trial court's judgment and rendered judgment that the Taxing Authorities take nothing.
Public Information Act: Brazee v. City of Spur, No. 07-12-00405-CV (Tex. App.—Amarillo June 10, 2014). This is an appeal from the denial of a writ of mandamus seeking to require the disclosure of documents by the City of Spur. Under the Public Information Act, a party may seek a writ of mandamus to compel the release of information. Tex. Gov't Code § 552.321. When a party substantially prevails on the claim, a court may, in some circumstances, assess costs of litigation and reasonable attorneys fees. Id. § 552.323. Brazee asserted, among other things, that the trial court erred in not awarding her attorney's fees and litigation expenses because the city produced responsive information after her petition was filed. The court held that a plaintiff does not become a "prevailing party" merely because the defendant voluntarily changes its conduct in a manner mooting the controversy. Brazee did not "substantially prevail" on her mandamus claim. The trial court's judgment was affirmed.
Tort Claims Act: Texas Dep't of Pub. Safety v. Bonilla, No. 08-13-00117-CV, 2014 WL 2451176 (Tex. App.—El Paso May 30, 2014). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a vehicle accident case under the Texas Tort Claims Act (Act). The El Paso Court of Appeals affirmed the denial. Trooper Cruz, with lights on but no sirens, ran a red light while pursuing a speeder and struck Bonilla's vehicle. The Texas Department of Public Safety (DPS) asserted governmental and official immunity as well as evidentiary objections. The trial court denied the plea and DPS appealed. The first portion of the opinion is dedicated to an evidence dispute where Bonilla attached a report from a DPS reconstruction team which was unfavorable to DPS. The report was created by an internal investigative arm of DPS to explain to itself what happened to Trooper Cruz in a state vehicle. Its statements were party-opponent admissions and the refusal to stipulate to its own teams expert qualifications was not a challenge to their qualifications. Next, DPS argued Trooper Cruz was pursuing a speeding driver who was making multiple lane changes and disobeying traffic control devices, and therefore, triggered the emergency exception under the Act. While the court agreed the situation qualified as an emergency, Texas Transportation Code Section 546.001 sets a standard of care for emergency vehicles requiring a slowing as necessary for safe operation. A fact question exists as to whether Cruz slowed before entering the intersection. And while DPS could have taken advantage of any official immunity granted to Cruz, a fact question exists as to whether his need to chase the speeder outweighed the need to slow (or whatever he did) before entering the intersection. Since DPS did not provide evidence Cruz actually considered and weighed options, his good faith cannot be considered at this time. The trial court properly denied the plea.*
Taxpayer Standing: Salazar v. Wilson, No. 08-13-00171-CV, 2014 WL 1940673 (Tex. App.—El Paso May 14, 2014). In this case, a taxpayer filed suit against a city manager and two state legislators (appellees) alleging misapplication of public funds. The El Paso Court of Appeals explained that a taxpayer has standing to maintain an action solely to challenge proposed illegal expenditures and may not sue to recover funds previously expended, or challenge expenditures that are merely unwise or indiscreet. The court concluded that appellants did not have standing and, thus, affirmed the trial court's order granting appellees' plea to the jurisdiction.
Tort Claims Act: Texas Dep't of Transp. v. Lopez, No. 11-13-00064-CV, 2014 WL 2210602 (Tex. App.—Eastland May 22, 2014). This is an interlocutory appeal from the denial of a jurisdictional summary judgment in a Texas Tort Claims Act case involving a vehicle collision. The Eastland Court of Appeals affirmed in part, reversed in part, and remanded. Lopez worked for a tow-truck company dispatched to an accident scene in a Texas Department of Transportation (TxDOT) construction zone. TxDOT crews placed cones and funneled traffic into an outside lane away from the accident and placed a TxDOT vehicle with flashing lights warning of the closing lane. During the scene cleanup, another driver, Walker, lost control of her vehicle and struck Lopez, killing him. The Texas Department of Public Safety investigation report noted Sibley (driver of first vehicle in the first accident scene) had hit a pothole and lost control. Apparently, TxDOT crews filled the pothole but other aspects of the construction area, including a drop-off of several inches, may have contributed to Walker's loss of control. Plaintiffs alleged (1) TxDOT was negligent in how it implemented traffic control and warning devices; and (2) several premise defects. They also allege the pothole, a steep drop-off, and the first accident itself were special defects. The appellate court first held the act regarding the design of the construction project and the use of traffic control and warning devices for both the project and the accident clean-up are discretionary actions retaining TxDOT's immunity. The court then examined the special and premise defect claims, holding the alleged pothole was, at best, a premise defect and no evidence of actual knowledge existed to waive immunity. The court also held the first accident scene was not a special defect and TxDOT had no duty to warn or make safe in connection with the wreck site. However, the court then held a fact question existed as to whether a drop-off was present and its depth, which are necessary to determine a special defect or premise defect standard (as well as causation). In short, the only claim that could go forward is the claim alleging a drop-off caused Walker to lose control.*
Tort Claims Act: Cameron Cnty. v. Vano, No. 13-13-00114-CV, 2014 WL 2093481 (Tex. App.—Corpus Christi May 15, 2014) (mem. op.). This is an appeal from the denial of a summary judgment asserting jurisdictional defenses under the Texas Tort Claims Act (essentially an interlocutory appeal from the denial of a jurisdictional defense). The appellate court reversed, but remanded for further action. Vano entered the Cameron County Courthouse for jury duty when a door slammed shut on her right shoulder after an unidentified man exited the stairway. She sued the county asserting the premises were poorly designed—the door had no window and the door insufficiently secured—creating a dangerous premise defect. The county moved for summary judgment asserting: the design of the area was a discretionary action for which immunity is not waived, the door must remain unsecured under fire code regulations, and the non-county employee who caused the door to slam shut was the cause-in-fact. The door merely furnished the condition that made the injury possible. The trial court denied the motion and the county appealed. The appellate court first held the design claims were discretionary functions and the county was entitled to immunity for such claims. However, the court then noted that, in this case, the panel felt it proper to remand and allow Vano the opportunity to replead since the defects may not be incurable. Further, the court held Vano did not yet plead a premise defect case and since the remaining arguments of the county were based on a premise defect which was not pled, the court declined to rule on them. The case was reversed and remanded.*
Tort Claims Act: City of Houston v. McGowen, No. 14-13-00415-CV, 2014 WL 2039856 (Tex. App.—Houston [14th Dist.] May 15, 2014) (mem. op.). This is an interlocutory appeal from the denial of a plea to the jurisdiction in a vehicle accident case under the Texas Tort Claims Act. The appellate court reversed the denial due to a lack of actual or formal notice of claim. McGowen was allegedly involved in a vehicular accident with a city public works vehicle and brought suit. The city filed a plea to the jurisdiction asserting no notice of claim within the time period required by the city charter. McGowen asserted the city had actual notice through a driver's crash report and verbal statements. The trial court denied the plea and the city appealed. After going through the facts, the court noted none of the investigative reports (police or supervisor accident report) reflect the city was at fault for the accident or that McGowen was a passenger or even present. The driver of the vehicle McGowen was allegedly a passenger in was noted at fault. McGowen asserted she told a purported city employee (Russell) at the hospital that she believed the city was at fault. She also asserts that she drafted a crash report and mailed it to Russell (which turned out to be mailed to the Texas Department of Transportation, not the city). The report produced as evidence noted several significant differences in the facts of the case including the individuals involved and location of the accident. The report also contradicted McGowen's own testimony. McGowen acknowledged during her deposition that she did not tell Russell her full name and address, claim that the city was at fault in the accident, or identify either of the drivers involved in the accident. The court stated accident reports are often insufficient, standing alone, to establish actual notice and the fact these did not even mention McGowen was involved at all is telling. The court held there was no evidence to establish that a fact issue existed regarding whether the city had subjective awareness of its alleged fault or of McGowen's injuries and therefore no actual notice exists. As a result, the plea should have been granted. The court reversed and rendered.
*Case summaries taken largely from the work of the Law Offices of Ryan Henry, PLLC, and reprinted with permission from Ryan Henry. To sign up for the firm's blog, go to www.rshlawfirm.com.
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Kanye has supposedly changed a lot in the last couple of years, and Wendy claims she knows the reason why!
She believes Kim and her reality TV family are to blame for Kanye's acting out.
As fans of the rapper or of KUWK remember, back in November of 2016, Kanye was hospitalized for about nine days after having a huge breakdown on stage during a concert.
At the time, the rapper went on a crazy rant about people trying to kill him and more.
'He has not been the same since he married Kim. Whatever happened to the thought-provoking Kanye? We knew he was slightly nutty, but we are all a little nutty. When he got with that family, number one, he should have stayed… in the back. He should not have participated in that reality show,' Wendy said before she made it very clear that she would rather not hear his rants regardless of the topics.
Through his rants, people started to praise his music on social media and Wendy thinks that's not good!
She also suggested Kanye should take a couple of years off from social media and the music industry as at this point, there is nothing, anyone, not even Jay Z can do to fix his wild behavior.


text:
Q: Would have or would Which one of these is correct?

She would have destroyed them if she wanted to

She would destroy them if she wanted to

To my knowledge the first one implies a hypothetical situation about something that has already ended am I right?

A: You are correct in that the first sentence deals with a situation that ended in the past.
The second sentence sounds more like she does have, and has had, the power to destroy them, and presumably still does.
EDIT: "She would destroy them if she wanted to" - I'm going to change my opinion here. This doesn't really say anything about the past, only what she would do if she wanted.
Both sentences are correct, but they mean different things.

A: If the above are questions, say in an examination, the answer to score should be: She would have destroyed them if she had wanted (to).
She would destroy them if she wanted (to).
In other situations, we can have assumptions and the answers might also be different.

redpajama_set_name: RedPajamaStackExchange


How many times have you looked at your canine companion and wondered what they're thinking? Thanks to body language we can take one step closer to reading our pawesome pooches. Here's a quick guide to understanding canine communication.
A relaxed dog sets their tail wagging gently and presents a relaxed body and mouth. Your pooch's peepers will appear soft and smiling.
Poised and ready an alert hound will stiffen their tail and body, ears will be slightly forward, eyes will be large and intense and mouth closed.
A defensive canine demonstrates appeasement to the threat they've encountered by freezing their body, turning their head, but still keeping their eyes on the threat revealing the white part of the eye, known as 'whale eye'. They'll tuck their tail and if standing may raise a paw.
A playful pup wags its tail in arousement, drops elbows to the floor and keeps hips raised. Their delicate ears are perched forward and mouth is relaxed.
Displacement behaviour occurs when your pooch is prevented from carrying out an action that's part of their usual routine, or they're highly motivated to do so. We humans demonstrate similar behaviour when we're unsure how to proceed with an action, we might bite our nails or chew a pen because it brings comfort, this is the same for our pets. Displacement behaviour is a way for animals to release frustration and comfort themselves – excessive scratching, nose licking, sneezing, spinning, or shaking are just a few signals.
An educational service from Merial Animal Health Ltd, makers of FRONTLINE. Further information available from Merial Animal Health Ltd, RG12 8YS, UK. ©2018 Merial Animal Health Ltd. All rights reserved. Merial is now part of the Boehringer Ingelheim Group of Companies. Date of preparation: Sep 2018. PE2655.


Today's Gospel is the famous story of the man possessed by a "legion" of devils. It is one of those stories that is hard to make sense of. I find that the best way I can understand a story like this is to personalize it.
There is a man with a load of demons in him and he is uncontrollable in his rage.
What are we like when the world gets in so much on us that we have a thousand voices going on in our head, telling us all sorts of nonsense about people, talking about us and laughing at us.
We are in a state of rage inside and no one can get through to us that all this insane thinking is driving us crazy and that most of it, if not all of it, is nonsense.
At a time like this we need to go and sit down and have a good relax to ourselves, to sit in front of the Blessed Sacrament and listen to what God has to say to us.
We also have to let these thoughts go and if others want to take them up and let the same thought destroy them, then so be it. If a group of people are angry about something, we may be the first in that group to have to let the anger go....and let the rest decide for themselves what they do. If they decide to go on in their anger til it destroys them, then so be it.
What other way would you describe a mad man with a head full on anger and resentment other than "possessed by a thousand demons?"
with thoughts, reflections on the Church's Daily Readings.
Your generous donation allows LayWhispers to continue its valuable work. Thank you!


text:
class CSmartDockingInfo;

class CSmartDockingStandaloneGuideWnd : public CWnd
{
// Construction
public:
	CSmartDockingStandaloneGuideWnd();
	virtual ~CSmartDockingStandaloneGuideWnd();

	BOOL Create(LPRECT pWndRect, HBITMAP hbmpFace, HRGN hrgnShape, CWnd* pwndOwner, BOOL bIsDefaultImage, BOOL bIsVert);
	BOOL Assign(HBITMAP hbmpFace, BOOL bRedraw);
	void Highlight(BOOL bSet);
	void UpdateLayered();

// Attributes
protected:
	HBITMAP  m_hbmpFace;
	COLORREF m_clrFrame;
	BOOL     m_bIsDefaultImage;
	BOOL     m_bIsHighlighted;
	BOOL     m_bIsVert;

// Overrides
protected:
	//{{AFX_MSG(CSmartDockingStandaloneGuideWnd)
	afx_msg void OnPaint();
	afx_msg void OnClose();
	afx_msg BOOL OnEraseBkgnd(CDC* pDC);
	//}}AFX_MSG
	DECLARE_MESSAGE_MAP()
};

class CSmartDockingStandaloneGuide : public CObject
{
public:
	enum SDMarkerPlace
	{
		sdNONE = -1,

		sdLEFT,
		sdRIGHT,
		sdTOP,
		sdBOTTOM,

		sdCLEFT,
		sdCRIGHT,
		sdCTOP,
		sdCBOTTOM,
		sdCMIDDLE,
	};

	CSmartDockingStandaloneGuide();
	virtual ~CSmartDockingStandaloneGuide();

	virtual void Create(SDMarkerPlace nSideNo, CWnd* pwndOwner);
	virtual void Destroy();

	virtual void Show(BOOL bShow = TRUE);        // show or hide marker
	virtual void AdjustPos(CRect rcHost);        // adjust marker position to the host rectangle (in screen coords)
	virtual void Highlight(BOOL bHiLite = TRUE); // highlight the marker
	virtual BOOL IsPtIn(CPoint point) const;     // discover if a point (in screen coords) lies within marker

protected:
	virtual void InitImages(CSmartDockingInfo& params);

	SDMarkerPlace  m_nSideNo;
	CSmartDockingStandaloneGuideWnd  m_wndBmp;
	CMFCToolBarImages m_Image;
	CMFCToolBarImages m_ImageHot;

	CRgn m_Rgn;
	int  m_cx;
	int  m_cy;
	BOOL m_bHiLited;
	BOOL m_bLayered;
	BOOL m_bIsDefaultImage;

	AFX_IMPORT_DATA static const int m_nLeftOffsetX;
	AFX_IMPORT_DATA static const int m_nRightOffsetX;
	AFX_IMPORT_DATA static const int m_nTopOffsetY;
	AFX_IMPORT_DATA static const int m_nBottomOffsetY;

	DECLARE_DYNCREATE(CSmartDockingStandaloneGuide)
};

class CSmartDockingGroupGuidesManager;

class CSmartDockingGroupGuidesWnd : public CWnd
{
	friend class CSmartDockingGroupGuidesManager;

protected:
	CSmartDockingGroupGuidesWnd();

public:
	void Update ();

	afx_msg void OnPaint();
	afx_msg void OnClose();
	afx_msg BOOL OnEraseBkgnd(CDC* pDC);
	DECLARE_MESSAGE_MAP()

protected:
	CSmartDockingGroupGuidesManager* m_pCentralGroup;
	CBrush m_brBaseBackground;
	CBrush m_brBaseBorder;
};

class CSmartDockingGroupGuide : public CSmartDockingStandaloneGuide
{
public:
	CSmartDockingGroupGuide();
	virtual ~CSmartDockingGroupGuide();

	virtual void Create(SDMarkerPlace nSideNo, CWnd* pwndOwner);
	virtual void Destroy();

	virtual void Show(BOOL bShow = TRUE);        // show or hide marker
	virtual void AdjustPos(CRect rcHost);        // adjust marker position to the host rectangle (in screen coords)
	virtual void Highlight(BOOL bHiLite = TRUE); // highlight the marker
	virtual BOOL IsPtIn(CPoint point) const;     // discover if a point (in screen coords) lies within marker

	void SetVisible(BOOL bVisible = TRUE, BOOL bRedraw = TRUE);
	BOOL IsVisible() const { return m_bVisible; }

protected:
	virtual void Create(SDMarkerPlace nSideNo, CSmartDockingGroupGuidesManager* pCentralGroup);
	virtual void DestroyImages();

	virtual void Draw(CDC& dc, BOOL bAlpha = FALSE);

	CSmartDockingGroupGuidesManager* m_pCentralGroup;
	COLORREF m_clrFrame;
	CPen m_penFrame;
	CPen m_penHighlight;
	int  m_nOffsetX;
	int  m_nOffsetY;
	BOOL m_bVisible;

	friend class CSmartDockingGroupGuidesManager;
};

class CSmartDockingGroupGuidesManager : public CObject
{
public:
	CSmartDockingGroupGuidesManager();
	virtual ~CSmartDockingGroupGuidesManager();

	virtual void Create(CWnd* pwndOwner);
	virtual void Destroy();
	virtual void Show(BOOL bShow = TRUE);   // show or hide group

	// adjust group position to the host rectangle (in screen coords)
	// middle marker: nMiddleIsOn == -1 no change, 0 off, 1 on
	virtual BOOL AdjustPos(CRect rcHost, int nMiddleIsOn = -1);

	void ShowGuide(CSmartDockingStandaloneGuide::SDMarkerPlace nMarkerNo, BOOL bShow = TRUE, BOOL bRedraw = TRUE);

	// fetch markers' interfaces (0 - left, 1 - right, 2 - top, 3 - bottom, 4 - middle)
	virtual CSmartDockingGroupGuide* GetGuide(CSmartDockingStandaloneGuide::SDMarkerPlace nMarkerNo)
	{
		if (nMarkerNo < CSmartDockingStandaloneGuide::sdCLEFT || nMarkerNo > CSmartDockingStandaloneGuide::sdCMIDDLE)
		{
			ASSERT(FALSE);
			return NULL;
		}
		return &m_arMarkers [nMarkerNo - CSmartDockingStandaloneGuide::sdCLEFT];
	}

	void GetWindowRect(CRect& rect);

	DECLARE_DYNCREATE(CSmartDockingGroupGuidesManager)

protected:
	CSmartDockingGroupGuidesWnd m_Wnd;

	CSmartDockingGroupGuide m_arMarkers [5];

	CMFCToolBarImages m_Image;

	CRgn m_rgnBase;
	BOOL m_bCreated;
	BOOL m_bMiddleIsOn;
	BOOL m_bLayered;

	friend class CSmartDockingGroupGuidesWnd;
	friend class CSmartDockingGroupGuide;
	friend class CSmartDockingManager;

	void DrawCentralGroupGuides(CDC& dc, CBrush& brBaseBackground, CBrush& brBaseBorder, CRect rectClient);
};

// provide window class name for specified class style
template <DWORD WndStyle>
LPCTSTR GetSmartDockingWndClassName()
{
	static CString strSDWndClassName;
	if (strSDWndClassName.IsEmpty ())
	{
		strSDWndClassName = AfxRegisterWndClass(WndStyle);
	}

	return strSDWndClassName;
}

#ifdef _AFX_MINREBUILD
#pragma component(minrebuild, on)
#endif

#ifdef _AFX_PACKING
#pragma pack(pop)
#endif

redpajama_set_name: RedPajamaGithub


A team of security researchers is trying to hack into the computer system of a gleaming new car. Sitting quietly in front of their computer screens, the experts at UK engineering consultancy HORIBA MIRA attack the car's software defences with well-honed but generic strategies. They meet a wall of resistance and then move on to more sophisticated techniques in a bid to gain access to the car's code.
"Typically the test consists of a background study to identify interesting areas, vulnerability analysis to identify weaknesses, and tests where we try to exploit those weaknesses," explains Dr David Ward, HORIBA MIRA's senior technical manager of functional safety. He is in the front line of the battle to protect the connected and automated car against cyber criminals. If a bank's software systems are broken then money may be lost; in the automotive industry, it is real lives at risk.
The automotive revolution will pose challenges to risk assessors. Actuaries used to know, for example, the relationship between miles travelled and the number of fatal accidents – 1 per 90 million in the US – and the effect of gender and age. In the future their calculations may include information about how often cars are hacked, and the quality of technology – including cybersecurity – across driverless car brands.
Christine Kogut, a colleague of Dodge at Milliman, maps out the co-operation needed between insurers and car manufacturers in coming years: "Actuaries, as risk assessors in this new environment, may need to learn new approaches passed along from the engineering element where mathematical models are used to estimate the reliability of a system.
The arrival of the connected and automated car may promise exciting opportunities that range from personalised in-car infotainment to reduced accident rates, but it also presents significant new risks such as breaches of cybersecurity.
And the technological development is transforming the automotive market from a model based on car ownership and personal insurance towards mobility solutions and a new mix of insurance options. It is a challenge to all stakeholders, from regulator to car manufacturer, who across the world are working together in a variety of testing environments to ensure the journey is as smooth as possible.
The cyber test at HORIBA MIRA is an example of all the relevant stakeholders working together. The company is part of a consortium called UK CITE – Connected Intelligent Transport Environment – that is preparing 40 miles of public roads for real-life trials of connected vehicle technology by automotive, infrastructure and service companies. Active partners include Visteon Engineering Services Ltd, Jaguar Land Rover, Coventry City Council and University, Highways England Company Ltd, Huawei, Siemens, and Vodafone.
New levels of automation require complex software that could be hacked and connectedness between vehicles and other IT systems gives hackers different levels of access if they can break security barriers.
This was demonstrated strikingly four years ago when the Pentagon's Defense Advanced Research Projects Agency gave two specialists – Charlie Miller, 40, a security engineer at Twitter, and Chris Valasek, 31, director of security intelligence at IOActive – $80,000 to root out the weak points in the software.
A year later the pair were driving around in a Toyota Prius using a bashed-up MacBook plugged into the car's computer to blast the horn, brake suddenly, cause sudden jerks in the steering wheel, spoof the GPS and confuse the speedometer.
The practice of updating a car's software is due meanwhile to grow tenfold in the next six years, according to IHS Automotive. Last year about 4.6 million cars got over-the-air updates for telematics applications, the research company revealed, compared with an expected 43 million units by 2022.
"The telematics supply chain will see amazing growth and innovation through the end of the decade, as more vehicles debut new connected solutions that make use of embedded modules while at the same time enabling consumers to fully leverage their mobile devices," said Anna Buettner, manager for infotainment at IHS Automotive.
For owners of the Tesla Model S the future is already here. They recently slid behind the wheel of their cars and noted they could do a range of new tricks, like automatically steer along the road, change lanes and adjust speed in response to surrounding traffic, scan for a space and parallel park. It's risk free driving unless, of course, something goes wrong.
These and many other issues will transform planning for the automotive industry over the next few years. Meanwhile, those security experts will be quietly hacking away, testing the latest defences on behalf of us all.


text:
Q: pycharm type checker expected type dict, got 'None' instead In this snippet:
from typing import Dict, Optional
class T:
    def __init__(self):
        self.bla = {}

    def t(self) -> Dict:
        if self.bla is None:
            self.bla = {'not none': 'nope!'}
        return self.bla

Can anyone explain why intellij / pycharm's type checker thinks the return value of this method is None?

The type checker only seems satisfied if I annotate the return type of t() to be Optional[Dict], but this method can never return None, so I don't think it should be optional.
If I change the initial value of self.bla in __init__() to {} it still things the return value is None. Same error if I use a str instead of a dict

A: What you CAN do, but shouldn't, is this:
class T:
    def __init__(self):
        self.bla = {}

    def t(self) -> dict:
        if self.bla is None:
            result = {'not none': 'nope!'}
            self.bla = result
            return result
        else:
            return self.bla

This way, the variables are recognised separately. Note however, that this solution is stupid -- you're just doing a workaround for what I would consider a bug in PyCharm! In fact, I have the same problem and still no solution...
For now I would suggest either ignoring the warning or forcing PyCharm to ignore it by adding:
# noinspection PyTypeChecker

I have read somewhere, that the type hinting is not fully implemented yet in PyCharm, so that might still come... I don't remember where I read this though, so no guarantee!

A: With the following -> Dict or None annotation pycharm (2019.2) does not complain and I get dict type autocompletion for fdictnoneres:
def fdictnone() -> Dict or None:
    return dict(a=1, b=2)

fdictnoneres = fdictnone()

When using TypeVar pycharm does not provide dict type autocompletion for tfunres:
from typing import TypeVar

T = TypeVar('T', dict, None)

def tfun() -> T:
    return dict(a=1, b=2)

tfunres = tfun()

A: I found Type hinting the instance variable works.   I also don't seem to incur the original inspection error in the 2018 pro version of pycharm, so I'm wondering if they've updated the inspection to be a little smarter.
class T(object):
    def __init__(self):
        self.bla:Dict = None

    def t(self) -> Dict:
        if self.bla is None:
            self.bla = {'foo' : 'bar'}
        return self.bla

A: I'm pretty sure it's because it is initialized as None on your constructor.
I believe if you explicitly state the type in the class definition it should work. Eg:
class T:
    bla: Dict

    def __init__(self):
        self.bla = None


Since the Ooni of Ife decided to pick a new wife there have been different stories circulating about the women in his life. According to reports, a source close to the Ooni of Ile Ife, Oba Adeyeye Enitan Ogunwusi, revealed some 'secrets' from the royal palace. The source said the Ooni's first wife, Adebisi Adebukunola Ogunwusi aka Bombata was humiliated after the Ooni allegedly refused her request to make her his official Queen.
The source said she has been further reduced to a commoner, and not regarded as the wife of the Ooni even though she still lives in the palace. According to the source, Adebukunola is barren and according to Yoruba culture, the Ooni needs an Arole (first son) who will inherit the throne when he dies. The source also said Abukunola is not in good terms with the Ooni's daughter, Princess Adeola Ogunwusi.


text:
Meet VC United's Administrative Team that can assist you with all of your questions and provide information regarding our programs throughout the year.
Eric Schulze
Executive Director/Owner
Eric has been coaching junior club volleyball in northern Illinois since 1997.
Schulze lead his 181 Elite team to a 2nd place finish at the 2019 USAV National Championships. That same season, his 121 Elite team place 5th in the 12 Club divsion of the AAU National Championships.
- Club Operations
- Scholarship Programs
- Marketing/Advertising
- Website Coordinator
Schulze spent 17 years with Club Fusion Volleyball where he served as the General Manager as well as the Director of Coaching & Player Development at the club's Marengo location. He began his career in 1997 at Sky High Volleyball in Crystal Lake. With ten top 5 finishes in the 18 Open division, Schulze has coached over 180 Division I athletes in his career. He is currently in his 3rd season as the Varsity coach at Woodstock North High School and has stints at Johnsburg, Prairie Ridge (Crystal Lake), and Huntley. He lives in Wonder Lake, IL with his wife, Katie, and two daughters, Kylie (14) and Devynn (12) who are both aspiring volleyball players.
The time is long overdue for an elite club in Rockford. We look forward to providing the top players in the area the chance to get the training, exposure and support that they deserve right in their back yard!
Jordan Haverly
Associate Club Director
Jordan has been coaching for the last 6 years and is currently the Varsity coach at Rockford Lutheran. She was hired full time into her current position at VC United in January of 2018.
- Bookkeeping/Dues
- Fundraising Programs
- Registration Support
- Travel Coordinator
- Apparel & Uniforms
As a player, Haverly led IU to the first Sweet Sixteen appearance in school history in 2012 where she set career-high with 30 kills over Tennessee. That season she also topped the Hoosiers with 463 kills, 1438 swings, 3.65 kills per set and 37 service aces while being named honorable mention All-Big Ten, Academic All-Big Ten and honorable mention All-Midwest Region. She was named the CVU.com National Player of the Week and earned Big Ten Player of the Week honors twice. She still holds the all-time kill record at Indiana.
Jordan has quickly established herself as a tremendous asset to VC United both on and off the court. As she begins the transition into the role of Associate Club Director I couldn't be more excited for what her future holds. -Eric Schulze
Trace Noack
Director of Volleyball Operations
Trace has been coaching for the last 6 years and is currently the Assistant Varsity coach at Belvidere North. He was hired full time into his current position at VC United in December of 2018.
- Hosted Events & Leagues
- Camps/Clinics
- Youth Programs
- Equipment & Court Management
Trace started his volleyball career playing with the Men's club program at Northern Illinois University. He began is club coaching career at Rockford Volleyball Club in 2014 and has held both head coaching and assistant positions during each of the past 5 seasons. In addition to the club game, Trace has held high school coaching positions at Rockford Lutheran and Belvidere North. Trace lives in Loves Park, IL.
Trace has been a fixture in the Rockford volleyball scene for several years. His passion, fun personality and professional approach to Operations will allow him to be very successful as our DoVO. -Eric Schulze
Christy Sitze
Christy has been coaching for the last 15 years and was most recently the Owner/Club Director at PowerUp Volleyball. She was hired into her current position at VC United in September of 2019.
- On-Site Administration of Academy locations
- Strategic Expansion Plans
- Camps, Clinics & Youth Programs at Academy locations
- Facility Management at Academy locations
- Parent Liaison at Academy locations
Prior to arriving at VC United, Sitze was the Owner/Club Director at PowerUp after starting the club in 2010. In 2015, she earned USAV Iowa Region's Outstanding Program Director Award. As women's Head Coach at Rockford University, her team was ranked 3rd in the nation for blocking. She also was the Head Coach for the Oregon High School program for 9 years, winning 7 Regional Championships, 5 Conference titles, and 1 Sectional title.
Christy was the obvious choice as the Academy Director. Her passion to see players advance to the highest levels of the sport fits the VC United mission perfectly. - Eric Schulze
Meet VC United's Training Staff that is in charge of providing the training for our programs and athletes throughout the year.
Courtney Slinko
Girls' Elite Program
Patrick Freeman
Girls' Premier Program
Lani Mitchell
Regional Program (Boys and Girls)
Mel Cozzi
Oregon Academy


text:
17 OctNews
Honda Civic TCR machine lands in Australia
The first Honda Civic Type R TCR vehicle has landed in Sydney, Australia, ahead of the inaugural TCR Australia Series next year.
The Civic Type R is owned by Honda's official global partner in racing, J.A.S. Motorsport, with the intention of partnering with a local Australian race team to enter the TCR Australia Series in 2019. Sydney-based Wall Racing is currently assisting J.A.S. Motorsport to house and prepare the car.
J.A.S Motorsport is based in Arluno, Italy, and also has a bespoke base near the Sepang Grand Prix circuit in Malaysia.
The arrival of the Honda signals the second TCR Series vehicle to arrive in Australia, following the Audi R3 LMS that has been held by Melbourne Performance Centre (MPC) since late last year.
MPC has already secured the exclusive local rights to supply vehicles from VAG (Volkswagen Audi Group), while it was recently confirmed that HMO Customer Racing has purchased two Hyundai i30N TCR cars to race in the series.
Honda is no stranger to Australian motorsport, having competed in Super Touring, production-based racing and rallying at various levels over the past two decades.
Matt Braid
Director, Australian Racing Group
"It's great to see another brand of TCR car arrive in Australia. You can really start to feel the momentum building now ahead of the 2019 season," said Matt Braid.
"The J.A.S. Motorsport squad is world famous for their engineering capabilities and racing developments. They are also race and championship winners in their own right too. They offer a terrific, turn-key product.
"At this stage, the car is on loan from J.A.S, however, the intention is for someone to purchase the car, and secure a local distributor for the Civic Type R. There has been lots of interest, so I'd say that it is just a matter of time before we are able to confirm this.
"In the meantime, Wall Racing has been kind enough to keep the car at its race shop and will assist with running the car in upcoming test sessions."
Mads Fischer
Business Development Manager, J.A.S. Motorsport
"Australia has a rich history in motorsport, so it was no surprise to see a TCR Series created down under," said Mads Fischer.
"We have a long history with Honda's global racing programs, and we are very proud of the business that we have developed alongside Honda to create the best race cars.
"We will be paying close attention to TCR Australia and are looking forward to partnering with the right team to help put Honda on the map in Australia."


text: Q: Why am I having less options in Palette in Android Studio? I am using Android Studio (Bumblebee - 2021.1.1). Unlike other YouTubers having many options in Palette, I am having only a few options. Do I need to download any other libraries? If so from where should I download them? Screenshot of my Android Studio


As prices for contemporary art continue to climb, life has rarely been more complicated for the emerging artist. For the purpose of this article the emerging artist (the 'artist') is one with some critical acclaim, newly on the ascent and with a surge in demand for his work. The art market is notoriously difficult to navigate as it sits at the crossroads of old-world charm and new-world demands. It is slow to adopt the highly regulated practices of the financial markets, for obvious reasons. It is quick to take advantage of perfectly legal opportunities afforded to it by the unequal bargaining power it holds over the relative ingénue.
While immersed in the creative process the artist often discovers (too late) that he has unwittingly transferred ownership and/or copyright over a body of work which is then not promoted as he would desire. Inexperience makes him susceptible but so too does his mindset, dedicated to artistic freedom and eschewing rules. In many ways it is the antithesis of the legal mind. The promise of finance for the production of artworks from a seemingly gracious patriarch (a concept as ancient as Pope Julius II and Michelangelo) can be blinding. The cash-strapped artist is often so overcome by the imperative to transform burgeoning ideas into two- or three-dimensional form that administrative matters take second place. As such, he may miss career spikes lurking in contracts, carefully crafted by lawyers, and signs with enthusiasm but little attention to detail or future consequences.
Over the past 22 years, as a practising art lawyer, I have received numerous calls from beleaguered artists whose careers have been on the verge of extinction before they have had a chance to take off fully. The problems they have faced are wide-ranging. Many issues stem from draconian, one-sided contracts. These may be recently signed or concluded shortly after art school when an astute backer (be it gallery or otherwise) offers the lure of multiple shows, advances, guidance, and a whole host of other temptations.
Reality dawns only after a few years when the artist is shackled into an unsatisfactory business relationship in which the lines of ownership of works have become blurred. The artist's control of his key body of work may have been ceded for cash advances, too large to repay within the timeframe the contract allows. With no sales in sight and scant attention to accounting (or a complete lack of accounting records), the artist falls easily into debt. The now frustrated backer, eager to recoup his outlay, assumes he owns the artworks. Losing patience, he may try to dispose of an entire body of work at one premature auction sale against the wishes of the artist.
The cry of 'it's not what they teach you in art school!' resonates all too often. Legal wrangles almost always stymie creativity, so the stumbling blocks associated with art production and ownership, such as those above and those which follow – all based on true stories – are to be avoided where possible.
The artist needs to recognise potential pitfalls, starting with the studio space he occupies. Whether it is loaned or rented, it comes with a host of obligations of which the artist tenant can easily fall foul.
Just after finalising the shipping arrangements for an imminent museum opening, an artist returned to the studio lent to him by a wealthy collector friend he thought owned the property. To his bemusement he found that he couldn't enter the building: the locks had been changed. His friend had vanished and the local estate agent told him that his artworks were being sold by the landlord to pay the outstanding rent. The artist had signed agreements for the upcoming show with the museum and the shipping company. It was a two-artist show and the museum, on the strength of the artist's promises, had also entered into an agreement with the other artist. Without access to his artworks there was no show. It had been months in the planning and was a very costly production.
Besides the potential blight on his reputation, the artist faced legal claims for damages for breach of contract from both the shipper and the museum. To make matters worse, those contracts contained a clause guaranteeing that the artist had free access to his works. Another associated clause (the 'indemnity clause') made him liable to the shippers and the museum for an automatic full refund of all costs associated with any breach of the contracts. He could not fulfil the contracts without the artworks. What was he to do?
Fortunately for the artist, the landlord, who he did not know, had misunderstood his own legal position regarding the artworks, despite his vast experience in the property world. The artworks belonged to the artist and not to the tenant, who owed the landlord considerable unpaid rent. Even if the landlord had sold the artworks, in the UK, he would not have been able to transfer full legal ownership to the purchaser. The good faith purchaser, contrary to popular misconception, would not have acquired good title. The landlord would have opened himself up to legal claims from the artist and the purchaser.
Following advice on the transfer of ownership rights, the duties of custodians, and a carefully worded letter, the artist was able to convince the landlord to release the artworks in time for the show. By holding the artworks hostage, the landlord, as the possessor but not owner, had a legal duty not to interfere with the artist's rights of ownership. On this occasion the artist avoided litigation and more importantly saved and even enhanced his reputation with a very successful show.
There was a less happy ending when a fire and flood at a studio space left an artist without access to 10 years' worth of work. He could not afford his own insurance cover and had relied on the landlord's insurance, which he had never seen. It did not cover his work and in any event the medium in which he worked was so fragile that no insurance policy would cover it. It is unlikely that an artist would consider the 'inherent vice' of materials (a well-known exclusion in art insurance contracts) as he pushes the boundaries of expression, using materials which decay: blood, excrement, or dead butterflies, for example. The artist was refused access to the premises for on-site restoration or even to salvage his records. Loss adjusters had already deemed the site a total loss, and health and safety inspectors were keen for it to be demolished – which it was, as soon as possible. The artist lost his space, his whole body of work and records. He received no financial compensation.
Other more extreme issues include the artist's possible criminal conviction if, as has happened, a piece of public art causes death. When an outside art installation which had been unsatisfactorily tethered blew away in a gust of wind and killed two people, the artist was fined heavily for breach of health and safety regulations. He narrowly escaped a criminal conviction for involuntary manslaughter.
A common catastrophe to befall the artist is the loss of reproduction rights. Copyright resides with the creator unless it is assigned in writing. When advising young artists faced with 'no assignment: no deal' situations, the best guidance is not to sign or to propose a licence of copyright, to try to avoid giving away valuable reproduction rights. If rights have been unwittingly given away, the artist can use his ultimate weapon by denying authorship. It is the artist's moral right to be recognised as the creator of a work, and his prerogative to deny it! Compromise is by far the better option.
While buyers of art are learning to beware, so too must the artist, or else he faces loss of control over an important body of work at the time he needs it most.
From the November 2017 issue of Apollo. Preview and subscribe here.
Is the 'monkey selfie' case making a monkey out of the law?
Interesting! – but hard to feel sympathy for such privileged male artists! Doesn't the writer realise we come in two genders – or is it that this privilege is so all encompassing that no female artists have crossed the writers path!