I am 52 and this was my first time married. She was the love of my life. She passed away unexpectedly on Nov. 30th 2018. It was to be our first Christmas together. Our wedding was on Oct. 6th and I only had less than two months after being married before she passed away in her sleep. She had three prior back surgeries and two knee replacements. She had a regiment of pain medications and was very meticulous with her planning of times to take each one. She had one of those weekly planners which laid them each out by morning, lunch, evening, and night times.
She had sedatives at night to help her sleep. I was accustomed to seeing her become very sleepy 30 minutes after taking her night time medicine. We were sitting at the table and she took her night time medicine and she began to start to fall asleep while sitting in her chair. I knew she had a long day because she had her hair permed earlier that day so I suggested we go ahead to bed so she could get some much needed rest. I woke up during the night and went to get a sandwich and when I went back into the bedroom to check on her, she didn't appear to be breathing. I shook her shoulders gently and called her name aloud and she was unresponsive.
I immediately ran to the kitchen and grabbed the Narcan and administered a single dose. Turned her on her side and still no response. I administered a second dose. No response. I called 911 and started CPR while on the phone until the emergency personnel arrived. They examined her and told me from their experience she had passed away before I even began to try to help her. She had simply stopped breathing in her sleep.
I have relived that night over and over again each day ever since. I have been in experiencing extreme pain for the loss of my beloved wife. I am having a very difficult time. All joy has left me and I can not imagine a life without her. I feel the pain from the moment a wake till I go to sleep at night. This is the hardest thing I've ever experienced. I feel lost and hopeless. I still have not been able to open the Christmas presents she bought for me and she never got to receive the diamond ring I bought for her. I love her always and forever.
Johnny, I'm sorry to hear about what happened to your beloved wife. I truly feel your pain. Four years ago, my wife Tammy died suddenly at only 45 years old. She was my one true love. She was everything to me. There's no words I can say that will ease your pain right now. I can only tell you that all of us here have lost the love of our life and we all hurt.
I know right now it feels like your life has little meaning. How the colors are gone and the world is a cold, dark place. It just becomes a one moment at a time life. You do the best you can. I know how much you ache for her and I know how things race through your mind about the day you lost her. Grieving the loss of a soul mate is staggeringly hard.
If you haven't gone to a grief counselor, think about it. Read and post here as often as you want. We're here to help. Try your best to eat properly and get as much rest as you can although I know it's easier said then done.
I am so sorry, I can only imagine, it's such a shock and takes a long time to even absorb something like this, how one minute you're happily looking forward to spending your life together, and the next...the bottom fell out. My husband also died a sudden death, very unexpected. In that early time (first few years) I felt like I was floundering, trying to figure out how to do life without him, I didn't know where to start.
I wrote this at about ten years out, things I'd heard, the best advice I got was to take a day at a time, try to stay in today and not think about the rest of your life, doing so can invite anxiety, it's helped me and 14 years later, I still do one day at a time and try to stay in today. I hope you'll keep coming here and posting, it helps to know you're not alone with your feelings.
Thank you Mitch and KayC for your replies.
When I read yours Mitch, I teared up instantly. Your wife was close to the same age as my wife, she was only 49. Yes, are whole lives were ahead of us and each day we made more and more plans and it brought us great joy. Thanks for the advice on what could possibly help during this most difficult time.
I think it hurts the most when I truly think about all that I lost. The list is endless. There are so many things I miss that I feel like a stranger to myself.
I once told my wife that I did not know what I would ever do without her. She simply replied, " you'll pick up the pieces" . And, all I could think of to say was "but it won't be that easy".
Never did I imagine just how hard it is to pick up the pieces.
You are both right when you advise me to stay in the moment and take it a day at a time. I can not even imagine thinking about a future for myself right now.
My family, although they have experienced loss, have never had to face it alone like I do. I think that is the most difficult thing to do. We can make it through difficult times if we have one other person in our lives to lend a shoulder to cry on.
I truly feel I have nobody and I tried to explain this to my family. They do not live close to me. I hardly hear from them.
Sometimes when the walls are closing in on me, I pick up the phone and pray someone answers on the other end. Sometimes I just need to hear another voice.
I was really touched to see that someone had replied, thank you so very, very, much.
I love you Rene'e, always and forever.
I completely understand your post and devastating pain and grief. I found this special place where people understand this side of grief. Those of us who are left behind to stay and live without your beloved spouse. I was in Shock and AWE for quite awhile. I came here to listen, learn, and find out how to cope, manage, and deal with all of this! I came home from work to find my beloved wife dead. No warning. Sudden loss.
This place listened to my story, share my pain, and comforted me. This is not something we get over and just move on. Few people truly understand this grief and pain. We are blessed to have MartyT, who helps us along with many others here. This place helped me in this deepest and darkest time. I couldm't sleep, couldn't eat, and had trouble just breathing at times. Seek a grief counselor or pastor that understands what you are going through. Please know that we understand, know, and care about you.
I am sorry for your loss. Yes, I believe that knowing there are other caring people who share the same pain is something I need. I see others continuing on with their lives at work doing the things I used to like to do when my wife was still with me. This valentines day almost killed me. Everyone was so excited talking about how they were going to spend the day with their special love one.
I just sat there in unbelievable pain not able to utter a single word or find one comforting thought.
My sister invited my to her boyfriends birthday party and I accepted feeling lucky just to have something to do to get me out of the house. There is nowhere in my home that I can look without being reminded of my loving wife. The first thing she did when we married was to make my bachelors look vanish and put a women's touch on my home. She was amazing that way.
When I arrived at my sister's boyfriends birthday party I was not prepared for what I saw. Everyone there was a couple except for me. I wanted more than anything to feel the happiness I saw in others around me. To feel again what it feels like to have your life's love right by your side. To be happy together again. I felt like I was dying inside all over again.
Who am I know? I do not have a clue. I feel nothing like the person I was when I was with my wife; strong, confident, always optimistic in any circumstance.
I don't understand what happened to the person i used to be. The person my wife fell in love with.
This is the hardest part for me. I am an electrical engineer and I have always relied on my mind and creativity. Now, even simple things seem incredibly difficult. I walk into the grocery store to buy groceries and leave with only bread and milk. I do not know what happened to me and I am even more afraid because I do not know how to fix it. Fixing things is what I'm supposed to be good at, but I can't fix this.
comparison. I can hardly recognize myself when I look in the mirror.
it is like to have the one person you love more than anything in this world taken away so unexpectedly.
Johnny, this grief "journey" as we call it, will be hard, there's no way to sugar coat it. Like you, my relatives really don't stay in touch or even remotely understand what my life is like without my Tammy. It's very much a battle I've fought on my own for the most part. And it is a battle. Finding reasons to go on when you feel like there's nothing left takes an extreme amount of courage. I've learned that although my Tammy is gone physically, her strength, her courage, her smile and most importantly her love, are with me forever. She will always be a part of me and I do live my life knowing she and I will reunite at some point.
You may find it helps you to talk about your beloved wife. I know it helped me. It was important because I wanted the world to know what an amazing person Tammy was.
In time, you'll find what works for you. It's all trial and error. You'll do plenty of grief dancing too. That's when you take a couple steps forward and then a step or two back. But for now, it's all about living in the moment and taking care of yourself. Doing things in your own time and on your own schedule.
At this point in your grief journey I'm guessing you often ask... why? Why is life so unfair? Why did this happen to my wonderful wife? That's all normal but at the same time don't let that consume you. Right now it's about finding some small sense of peace and comfort in this world that now seems so different and so unimaginably and painfully hard.
You are right, the one thing that brings me some amount of comfort is being able to talk about my wife Rene'e. She was extremely loving and caring. I had to be careful of what I wished for or wanted because she would turn around and make it happen for me. I've never had anybody love me like that. She was what I needed and I was what she needed and together we made one.
You are also right about the why's. What is eating me alive right now is the belief that if only I had done one little thing differently, my dear wife would still be with me. I do not seem to be able to convince myself otherwise. As my wife's husband, I am supposed to be able to keep anything from happening to her.
It has only been four months now. I need to be able to find some small sense of peace and comfort in this world. I know that is what Rene'e would have wanted.
I also know how much she loved me and wanted to be with me. I am so glad I had her.
Believe me, I get it. I've relived March 6, 2015 in my head far too many times to count. I asked the very same questions you're asking... to myself and to members here. I received a very profound answer from a member here. They pointed out that I did the best I could do with Tammy's best interest at heart. As a human being who loved another human being with all their heart, I tried my best to be Tammy's knight in shining armor as I always did. But still, she died. Sometimes you have to realize that there are things you cannot control no matter what you do.
You were blessed to have Rene'e in your life as I was with Tammy. Most people never experience the type of love we shared with our beloved. That deep love is what brought you to our forum.
The wonderful thing about this forum is that people really understand what you're going through. I had many a day (and night) where posting here and reading the replies gave me some relief from my intense pain.
for Christmas in two weeks and she was very excited. The last time they saw each other was on our wedding day.
Joshua, her son of 26 years was her life's joy. I often think of him.
life seems so unbelievably unfair.
I often thought I would go my entire life without meeting anyone like Rene'e. I am lucky to have had here in my life. It helps to remember the good times.
This is a long journey, one that lasts the rest of our lives. I have many widowed friends now, but when my George died Father's Day 2005 everyone I knew were couples. Funny how quickly your friends thin out. I'm glad there are other men here that you can relate to, men that understand and can speak to your heart. This place has become an extended family to me, it is sacred, for here, people get it. My little sister tries to understand and has hit it on the head at times but no one can fully understand unless they live it. It's the difference between knowing OF something and knowing something.
Yes, we are the lucky ones who had love, who knew it in all of its fullness. I was married to my kids' dad for 23 years but lived without love until I met George, we were in our forties when we met. We lost each other way too soon, we were supposed to grow old together, that's what we planned, we'd even purchased the porch swing to watch the hummingbirds and our flowers grow. Nothing is the same but our love remains.
I can relate to what you said about buying a porch swing together to watch the hummingbirds and flowers grow.
I would think of how nice it would be to go inside the gates to see all the Christmas lights but I didn't want to go alone.
anything to make my wish come true and we could go together as husband and wife. I was so happy just thinking about it.
she got a wheelchair so she could enjoy the Christmas lights with me without risking being in pain from the long walk. Yes, I said with the biggest smile on my face.
So we purchased a very nice wheelchair.
at about 9:00 am that very same day.
I was so devastated I was not even able to move the wheelchair off the porch. My family member had to move it into the garage for me. It still sits there in the box unopened.
Rene'es Mother Sandy, her Son Joshua, and I went together to see the Swan Lake Iris Gardens Christmas Lights in Rene'es honor.
My wife died, just two days after Valentine's Day. I had proposed to her on Valentine's Day.
Grief is not something I could figure out logically. I went through all of the "what if" and "If only" and tried to figure out some way to blame myself for her death. There are things out of our control and death is one of them. It took awhile, but it helps me to remember all of the good qualities, love, and compassion, my beloved wife, Rose Anne, shared with me. She loved me just as I am warts and all.
I am so very sorry for your loss. I understand how devastated you must feel and what a "slap" it must have been to see that wheelchair. The night I took my husband, Ron to the hospital for the last time, we had just received a delivery of medicines and IV equipment prescribed by the hospital he was discharged from just 5 hours before("We think that the Sepsis is gone,but just in case it's not, give him all this medicine...........") Long story short, after 6 months of procedures done and redone and medical errors following his cancer diagnosis, his poor body and soul said "Enough". Following an aspiration into his lungs, he was put on life support. He could not recover and a few days later, I was responsible for removing the life support from the man I had been married to for over 40 years. I felt guilty beyond belief, unbearable anger against the medical profession and totally destroyed. A year later, I watched my daughter die after a long, vicious battle with cancer. I did not think that the pain could get worse, but it did.
For a time, I think I lost my mind. I did things that were costly and illogical without thinking, not like me at all. It was the only way I could temporarily escape the pain.
That was 6 years ago. There are still days where it is a challenge to want to remain a part of the human race. The horrible memories are burned into my brain, just as the good ones are. As time passes, those good memories will trample the bad. Grief has no expiration date. You will simply grieve until you don't anymore. It does not mean that you love the person less. I think it just moves to the back burner of your brain.
Sorry to be so long winded. Just know that whatever you are feeling is normal. Each of us has felt it and we remain here to support you in any way needed.
The wheelchair was delivered the very morning on the day she passed away.
Karen, that's pretty much what happened with Mark. I so relate. So unfair, so many errors and so much disregard from the "professionals" who were charged with care and support.
Sounds like what happened with my dad, he was in the hospital and a hospital bed was delivered but he never got to use it, he died and was never able to come home. We had to talk our mom into having it sent back. Johnny, the place would probably pick up the wheelchair if you called them, this happens all too frequently. If it's too late for a refund, perhaps it could be donated to someone in need in her honor. Having had a sister that spent her life in a wheelchair I know all too well how hard it is for the family to purchase one sometimes. I'm sorry for the irony and how that must have added to your grief, something similar happened to a friend of mine too when her husband was dying...oxygen tanks delivered in the morning just after he'd passed during the wee hours.
I'm glad you did that, and I hope so much that our loved ones can see these things in spirit with us.
it helps me to remember all of the good qualities, love, and compassion, my beloved wife, Rose Anne, shared with me.
Grief so strikes us that it seems to be all encompassing...in time we are able to smile at the good things we shared with them, but it takes a while to get there, what a process!
Johnny, that story about the wheelchair definitely hits home with me as well. While Tammy was trying to regain her strength and was at the rehab center after another near death crisis, I ordered her a fancy walker with all the bells and whistles. They delivered the box to the rehab place, I paid the medical supplies guy with cash for the co-pay and took it home that night.
The night of Wednesday March 4th, 2015 Tammy came home. Thank God! This was to be the start of a new beginning. Tammy was tired but had a renewed sense of optimism. She was determined to exercise and eat properly. She looked so beautiful. The next day, my plan was to fill some of her prescriptions and get some food from the grocery store. But we had a 10" snowstorm and we were snowed in. Overall, Thursday was a nice calm day... Tammy was tired but in good spirits. I felt like the world was back to where it should be... my beloved by my side, in our home.
Friday March 6th started out with promise. The roads were plowed and the sun was shining. I made an early trip to the pharmacy and picked up some food. Tammy and I watch some TV for a bit and she ate a bit for lunch. She was still zonked and rolled over in bed for a nap. In the meantime, I was preparing a special dinner for her and setting up exercise equipment for her to use.
But this day turned into the worst day of my life and the day that I re-live in mind forever. In just a few hours, my Tammy was gone. And I was devastated, in shock and forever changed.
A couple weeks later, I received mail from the medical supply place that we got the walker from. They wanted payment in full. What the %$#@? My insurance had paid them 80% and I already had given them the balance in cash. I was angry and could have gotten on the phone to "let them have it". But, in the scheme of things, it wasn't worth it and I surely wasn't paying twice. I tore the letter up and deposited it in the trash.
The thing about grief is you need to take care of you and your well being. Pick your battles. Do what you want to do. Tune out the babble from people who don't really understand how you feel. It's not an easy way to live. The loneliness and emptiness make it all the more difficult. But, life is precious and we only get one chance at it. And even four years later, it's still grief bursts and baby steps for me.
My last night with Rene'e was one of extreme tenderness and love. She had gone to get her hair permed and she was exhausted from the days effort. She wasn't happy with the way the perm turned out and I thought she looked more beautiful than ever. I was being so attentive and loving she asked me "what is so special about tonight?" , I just looked at her and smiled and said "I love you".
Just like you, there were no signs of anything to cause me concern, after we shared dinner together I told her not to worry about lunch tomorrow (I always came home to be with her during my lunch break) because I would pick lunch up for us, she smiled and said "wonderful".
We were both looking forward to our next day and the weeks ahead in preparation for our first Christmas together. She had boxes of decorations from Christmas celebrations she had in the past. I went out to the garage to get the decorations. We had already put all the lights on the tree and all that was left was to hang the decorations. When I came back inside with her box of decorations, she said "what are you doing?". I said I went out to get your decorations so we could hang them. She said, "Oh no, I don't want to use those, I want to go by more so we can start our own tradition together". I was really touched by this.
She also had a family album with pictures from before we met.
When she passed away, her mother wanted to know where the family album was. So I found it and when I opened it up, all that was in the album was pictures of her and I. She had taken all the old pictures out and left them at her mom's house without telling anyone. Her mom found all the pictures she had taken out in her old bedroom in the closet.
Both her mom and I had no knowledge that she had done this. She was perfectly happy starting her new life with me.
I have never experienced such love before in my life.
I am sure it was that way with you and your dear wife Tammy.
Thank you for helping me remember the good things.
Thanks for posting that great picture of the two of you.
I said I went out to get your decorations so we could hang them. She said, "Oh no, I don't want to use those, I want to go by more so we can start our own tradition together". I was really touched by this.
That is beautiful. I made George his first and only Christmas stocking. I bought him his first ornament. We made our first snow angel together. We went for drives and picked Autumn leaves together and created an arrangement from them, every Fall. We enjoyed every season, every holiday, every everything...together. I see that sweet tender love in the two of you, thank you for sharing that precious picture with us.
It is in remembering those good things that define us now...not the sorrow and pain. They have indelibly etched themselves on our lives and in our hearts.
I have been having a difficult time today. People at work just do not understand the constant pain I feel. I do not have any joy left and it makes doing anything much more difficult. I am just going through the motions still having a hard time concentrating, taking care of myself, trying to find hope. I do not know how to fix me. I feel broken and want so much to stop hurting.
Like Mitch said, "It's not an easy way to live. The loneliness and emptiness make it all the more difficult. But, life is precious and we only get one chance at it. And even four years later, it's still grief bursts and baby steps for me."
I know I'm having grief bursts and trying my best to be just able to begin to take baby steps. It's only been four months since my wife Rene'e passed away and sometimes I feel like I am going to fall to the ground.
I think it's the loneliness and emptiness that is the hardest.
My family said that they had never seen me so happy as when we were together. They were right.
Rene'e was all I've ever wanted in life but thought I'd never find.


text:
require "spec_helper"

describe ExperiencesController do
  describe "routing" do

    it "routes to #index" do
      get("/experiences").should route_to("experiences#index")
    end

    it "routes to #new" do
      get("/experiences/new").should route_to("experiences#new")
    end

    it "routes to #show" do
      get("/experiences/1").should route_to("experiences#show", :id => "1")
    end

    it "routes to #edit" do
      get("/experiences/1/edit").should route_to("experiences#edit", :id => "1")
    end

    it "routes to #create" do
      post("/experiences").should route_to("experiences#create")
    end

    it "routes to #update" do
      put("/experiences/1").should route_to("experiences#update", :id => "1")
    end

    it "routes to #destroy" do
      delete("/experiences/1").should route_to("experiences#destroy", :id => "1")
    end

  end
end

redpajama_set_name: RedPajamaGithub


You are here: Home / Real Estates / Moving Day Is Here, Whats Next?
What You Need To Do On Your Moving Day!
After packing and planning, your moving day is finally here. The day you have been dreading and waiting for at the same time. It's certainly going to be one of the most stressful days you have ever been through. Well, here are a few things to help the day go smoothly as possible.
First, you're bound to get very thirsty and hungry during the moving day. Imagine going through every room to make sure everything is packed and bringing everything down to the moving truck. It's definitely very exhaustive. Well, since your fridge might already be disconnected as well as other kitchen appliances, you should always keep some refreshments in handy. Keep some snacks and drinks around to help you keep energized during the move.
Secondly, you should always remain organized, especially if you have hired a local moving company. Therefore, provide the movers with a floor plan of the new house. That way, they have a clear idea of where to put everything when they unpack. Also, don't forget to provide them with access to your new house, especially if you're traveling on a separate vehicle from the moving truck.
After an exhaustive moving day, all you want to do is lie back in your sofa or bed and get a good night's sleep. In that case, make sure your bed, sofa, and all the beddings are not packed with other things. If you have to load a few things in your car besides the moving truck, you should pack all the beddings in one box and keep it with you. That way, when you get to the destination and the movers have left, you can take a long shower and sleep in a neatly arranged bed, regardless of whether the rest of the house is unpacked or not.
Do you want to make sure that everything is taken out of the old house, into the moving truck and unpacked when your get to the destination? Well, make sure that you're the last to leave the house. Always act as a supervisor to make sure that the movers don't break your stuff or leave some behind. Before the moving truck leaves, you should do a fast inspection to make sure that nothing has been left behind.
Yes, it's understandable that moving day can be very exhausting. However, with these amazing moving day tricks, you should be able to get through it fine!


Ghaziabad – It is said that marriage is a sacred bond And once it stays in it, it becomes one for seven lives. But many times it is seen that due to some kind of pain, it often comes to the divorce between husband and wife. One such case has surfaced in Ghaziabad district. In which a woman officer in the railway has approached the court to divorce her husband.
Actually, the victim's husband is also an officer in the Railways and the woman accused her in the court saying that her husband does the day he gets cheated. And the mobile phone keeps checking. Along with this, she is very suspicious and I am quite fed up with her movements. Now she can not stay with her and she is divorced. After which the court accepted the woman's application.
The victim said that she was married 12 years ago with the officer of the railway. Since then, both are living in Indirapuram area. In the early days of the wedding, everything was going well And he has a son of 9 years. But now the husband continues to quarrel with the talk of idle talk and makes trouble by calling in the office. Along with this, he also makes a tokaka tank at every point. Because of these movements, she has been living separately from her husband for the past 6 years. Now it is not possible to live with the husband and she wants to be separated from the divorce.
Husband of the lady officer told that his wife has kept many friends. The only one that talks on the phone And when it is refused then do not believe it. Due to this, his marriage is affecting his life. Apart from this, efforts were made to explain many times. But he is not ready to hear anything. The woman's husband has alleged that she does not even let her son meet. After this he has also approached the court that his wife should be ordered to improve his conduct. So that their married life is not affected.


text:
Justia Energy, Oil & Gas Law Opinion Summaries
Exaro Energy III, LLC v. Wyoming Oil & Gas Conservation Commission
January 17, 2020 by Justia
The Supreme Court reversed the judgment of the Wyoming Oil and Gas Conservation Commission approving only one out of two applications filed by Exaro Energy III, LLC seeking the approval of adjacent drilling and spacing units (DSUs) in the Jonah Field, holding that the Commission's denial of Exaro's other application was arbitrary and capricious. At a contested case hearing the parties agreed that the evidence presented would apply to both applications. At the hearing's conclusion, the Commission found as to both applications that Exam had met its burden of proof and provided evidence satisfying the statutory requirements for the establishment of a DSU. However, the Commission approved one application and denied the other. The Supreme Court reversed in part, holding (1) substantial evidence supported the Commission's finding that Exaro's evidence satisfied the statutory requirements for establishment of a DSU in both applications; and (2) the Commission's decision to grant only one of the applications was arbitrary and capricious. View "Exaro Energy III, LLC v. Wyoming Oil & Gas Conservation Commission" on Justia Law
Posted in: Energy, Oil & Gas Law, Government & Administrative Law, Wyoming Supreme Court
BP Exploration & Production, Inc. v. Claimant ID 100354107
The Fifth Circuit affirmed the district court's denial of discretionary review of five awards made to Walmart under the Settlement Agreement arising from the 2010 Deepwater Horizon disaster. The court held that there was no showing of a misapplication or contradiction of the Settlement Agreement requiring the district court's review. In this case, the Claims Administrator conducted a searching review of the financial statements Walmart provided from both its old and new accounting system, and the PWC accountants brought specific clarification questions to Walmart regarding the changes. Furthermore, Walmart responded to the satisfaction of the Claims Administrator. The court rejected BP's claim that there was a split Appeal Panels on how to address changes in accounting systems like the one at issue here. The court saw BP's claim as one challenging the Appeal Panels' discretionary decision that raises the correctness of a discretionary administrative decision on the facts of a single claimant's case, and held that the district court's denial of a request for discretionary review of such a decision was not an abuse of discretion. View "BP Exploration & Production, Inc. v. Claimant ID 100354107" on Justia Law
Posted in: Civil Procedure, Energy, Oil & Gas Law, US Court of Appeals for the Fifth Circuit
Portland Pipe Line Corp. v. City of South Portland
In this case involving a dispute between Portland Pipe Line Corporation (PPLC) and the City of South Portland (the City) the First Circuit certified three questions to the Maine Law Court because this clash raised important questions of state law preemption doctrine and statutory interpretation that are unresolved and may prove dispositive. The parties to this dispute were PPLC, a Maine corporation engaged in the international transportation of oil, and the City, which enacted a municipal zoning ordinance prohibiting the bulk loading of crude oil onto vessels in the City's harbor. The ordinance prevented PPLC from using its infrastructure to transport oil from Montreal to South Portland via underground pipelines. PPLC appealed the district court's dismissal of its claims, arguing that the ordinance was preempted by Maine's Coastal Conveyance Act and was in conflict with federal constitutional law. The First Circuit declined to address the federal questions, concluding that the case lacked controlling precedent and presented difficult legal issues that warranted certification to the Law Court. View "Portland Pipe Line Corp. v. City of South Portland" on Justia Law
Posted in: Constitutional Law, Energy, Oil & Gas Law, US Court of Appeals for the First Circuit, Zoning, Planning & Land Use
Friends of Buckingham v. State Air Pollution Control Board
January 7, 2020 by Justia
Petitioners challenged the Board's award of a permit for construction of a compressor station on behalf of ACP in the historic community of Union Hill. The compression station is one of three stations planned to support the transmission of natural gas through ACP's 600-mile pipeline. The Fourth Circuit held that the Board erred in failing to consider electric turbines as zero-emission alternatives to gas-fired turbines in the compressor station. The court also held that the Board erred in failing to assess the compressor station's potential for disproportionate health impacts on the predominantly African-American community of Union Hill, and in failing to independently evaluate the suitability of that site. Accordingly, the court vacated the permit and remanded for the Board to make findings with regard to conflicting evidence in the record, the particular studies it relied on, and the corresponding local character and degree of injury from particulate matter and toxic substances threatened by construction and operation of the compressor station. View "Friends of Buckingham v. State Air Pollution Control Board" on Justia Law
Posted in: Energy, Oil & Gas Law, Environmental Law, Government & Administrative Law, US Court of Appeals for the Fourth Circuit
W & T Offshore, Inc. v. Bernhardt
At issue in this oil and gas royalty case were orders to pay issued by the Department of the Interior to W&T in order to resolve volumetric gas delivery imbalances. The district court granted partial summary judgment on each of the parties' motions. The Fifth Circuit held that the Department of the Interior permissibly required resolution of delivery imbalances via cash payment, but that it improperly promulgated a substantive rule without subjecting it to notice and comment. The court also held that the Department of the Interior should have credited all W&T's deliveries under the doctrine of equitable recoupment. Accordingly, the court affirmed the district court's partial grant of summary judgment in part, reversed in part, and remanded for further proceedings. View "W & T Offshore, Inc. v. Bernhardt" on Justia Law
Posted in: Energy, Oil & Gas Law, US Court of Appeals for the Fifth Circuit
Creative Oil & Gas, LLC v. Lona Hills Ranch, LLC
In this case examining whether the former version of the Texas Citizens Participation Act (TCPA) applies to certain counterclaims alleged in a dispute over an oil and gas lease the Supreme Court affirmed in part and reversed in part the judgment of the court of appeals dismissing all the counterclaims in this case, holding that the court of appeals properly dismissed one counterclaim but erred in dismissing the remaining counterclaims. At issue was whether each counterclaim was "based on, relates to, or is in response to" the "exercise of the right of free speech" or the "exercise of the right to petition," as defined by the governing statutory text. See Tex. Civ. Prac. & Rem. Code 27.003(a). The Supreme Court held (1) certain communications to third parties about an oil and gas lease allegedly involving the exercise of free speech, on which some of the counterclaims were based, were not covered by the TCPA because they did not relate to a matter of public concern under the TCPA, and therefore, the court of appeals erred in dismissing these counterclaims; and (2) the court of appeals correctly disposed of the "right to petition" counterclaim. View "Creative Oil & Gas, LLC v. Lona Hills Ranch, LLC" on Justia Law
Posted in: Civil Rights, Constitutional Law, Contracts, Energy, Oil & Gas Law, Supreme Court of Texas
In re: FirstEnergy Solutions Corp.
FES distributes electricity, buying it from its fossil-fuel and nuclear electricity-generating subsidiaries. FES and a subsidiary filed Chapter 11 bankruptcy. The bankruptcy court enjoined the Federal Energy Regulatory Commission (FERC) from interfering with its plan to reject certain electricity-purchase contracts that FERC had previously approved under the Federal Power Act, 16 U.S.C. 791a or the Public Utilities Regulatory Policies Act, 16 U.S.C. 2601, applying the ordinary business-judgment rule and finding that the contracts were financially burdensome to FES. The counterparties were rendered unsecured creditors to the bankruptcy estate. The Sixth Circuit agreed that the bankruptcy court has jurisdiction to decide whether FES may reject the contracts, but held that the injunction was overly broad (beyond its jurisdiction) and that its standard for deciding rejection was too limited. The public necessity of available and functional bankruptcy relief is generally superior to the necessity of FERC's having complete or exclusive authority to regulate energy contracts and markets. The bankruptcy court exceeded its authority by enjoining FERC from "initiating or continuing any proceeding" or "interfer[ing] with [its] exclusive jurisdiction," given that it did not have exclusive jurisdiction. On remand, the bankruptcy court must reconsider and decide the impact of the rejection of these contracts on the public interest—including the consequential impact on consumers and any tangential contract provisions concerning such things as decommissioning, environmental management, and future pension obligations—to ensure that the "equities balance in favor of rejecting the contracts." View "In re: FirstEnergy Solutions Corp." on Justia Law
Posted in: Bankruptcy, Energy, Oil & Gas Law, Government & Administrative Law, US Court of Appeals for the Sixth Circuit, Utilities Law
United States v. Exxon Mobil Corp.
December 9, 2019 by Justia
The Ninth Circuit reversed the district court's order denying the Board's petition to enforce five requests issued by the Board in subpoenas following an explosion and chemical release at an ExxonMobile refinery. The panel held that, although the district court did an admirable job, it erred in finding these five requests unenforceable. In this case, the five subpoena requests relating to the alkylation unit and the modified hydrofluoric acid stored there were relevant to the February 2015 explosion and accidental release of modified hydrofluoric acid. The panel held that a review of the specific disputed requests confirmed that each sought material that might cast light on the Board's investigation into the February 2015 release. View "United States v. Exxon Mobil Corp." on Justia Law
Posted in: Energy, Oil & Gas Law, Government & Administrative Law, US Court of Appeals for the Ninth Circuit
Mines Management, Inc. v. Fus
The Supreme Court reversed the district court's order granting summary judgment to Arnold Bakie and determining that Mines Management, Inc.'s (MMI) use of an adit and underground tunnel traversing Defendants' unpatented mining claims constituted trespass, holding that the district court erred in determining that Bakie possessed valid unpatented mining claims, thus entitling him to summary judgment, and in determining that MMI's use of the adit and underground tunnel constituted a trespass. MMI filed a complaint against Bakie and other defendants seeking a declaratory judgment that the mining claims owned by Defendants were invalid. Defendants countersued, alleging that MMI's use of the adit and underground tunnel constituted a trespass. The district court granted summary judgment to Bakie, determining that Bakie's claims were valid unpatented mining claims and that MMI was liable for trespass. The Supreme Court reversed, holding (1) the district court erred in granting summary judgment for Bakie because there was no evidence of valuable mineral deposits on the claims at issue; and (2) for the same reasons, the district court erred in determining that MMI committed trespass by using the adit and underground tunnel. View "Mines Management, Inc. v. Fus" on Justia Law
Posted in: Energy, Oil & Gas Law, Montana Supreme Court, Zoning, Planning & Land Use
Continental Resources v. N.D. Dept. of Environmental Quality
Continental Resources, Inc. appealed a district court judgment dismissing its declaratory judgment action against the North Dakota Department of Environmental Quality ("Department"). Continental's action for declaratory judgment requested the district court find "that if an approved control device is installed and operating at an oil and gas production facility, the mere presence of an emission from a closed tank hatch or control device does not, in and of itself, establish a violation of N.D. Admin. Code 33-15-07-2(1)." The district court dismissed Continental's declaratory judgment action after finding the Environmental Protection Agency was an indispensable party, the district court lacked subject matter jurisdiction, and the matter was not ripe for judicial review. While this appeal was pending, the Department moved to dismiss the appeal as moot. The North Dakota Supreme Court affirmed the judgment dismissing Continental's request for declaratory judgment as not ripe for judicial review. View "Continental Resources v. N.D. Dept. of Environmental Quality" on Justia Law
Posted in: Energy, Oil & Gas Law, Environmental Law, Government & Administrative Law, North Dakota Supreme Court
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A Short History of the 'Critical' in Critical Race Theory
Lewis Gordon, People of Color Organize
Critical Race Theory is strongly associated with Critical Legal Studies—an approach to American jurisprudence advanced by a group of progressive, often liberal and sometimes Marxist jurists in the 1980s and the present decade. The Critical Legal Studies group, of whom the most prominent associates are Patricia Williams, Richard Delgado, Kimberlé Crenshaw, and Derrick Bell, are most peculiarly marked by their utilization of developments in postmodern poststructural scholarship, especially the focus on "subaltern" or "marginalized" communities and the use of alternative methodology in the expression of theoretical work, most notably their use of "narratives" and other literary techniques.
A constraint on the Critical Legal Studies group is the focus on law. Quite often, the presumption of their work is that strategies of recognition—powerfully evoking, for instance, an unemployed Latina or black mother's confrontation with the obstacles posed by the legal system and government bureaucracies, or the situation of a person of color facing juries and other facets of the criminal justice system—will have an impact on the practice or implementation of justice within the systems of laws available. In effect, the structure of interpretive legal argumentation permits criticisms of the system only to the extent to which the criticisms call for, at best, systemic adjustment. Such an approach renders revolutionary or more radical approaches to questions of law at best "interpretations" worth considering but performatively limited. As a consequence, the form of critical discussions of race that emerges in the Critical Legal Studies movement is usually limited by the impact of juridical conceptions of how race will be negotiated in the sphere of litigation and legislation. How about race in civil and often not so civil society?
The critical treatment of the concept of race and especially the impact of racism in the modern world has pre-dated the Critical Legal Studies approach well more than a century. Its history is isomorphic with the development of Africana thought, which began in the eighteenth century with, ironically, critical efforts to render slavery illegal. Although the African dimension of Africana thought preceded the eighteenth century, the diasporic reality created by conquest, colonization, and slavery created the conditions for the discourse on black humanity that has been a main feature of thought among the African diaspora. That discourse can be traced back to the writings of Wilhelm Amo and Quobno Cugoano where,especially in Cugoano's work, a philosophical anthropology of freedom is advanced, and stands as the groundwork for nearly all subsequent critical discussions of race and racial oppression.
Subsequent discussions emerged in the nineteenth century in the work of nearly all of that century's central figures in Africana thought: David Walker, Maria Stewart, Martin Delany, Frederick Douglass, Alexander Crummell, Edward Blyden, Anna Julia Cooper, Rufus Lewis Perry, and W.E.B. Du Bois. Although freedom was the leitmotif of their writings, quite often they found themselves straddling questions not only regarding the freedom they sought, but also the identification of the bearers of the oppression they sought to alleviate. The liberation of "blacks," "Negroes," or "nègres" was complicated by cultural differences between many sets of peoples designated by these terms and the simultaneous epistemological leakages in the developing "sciences of man." We could call this complication the identity question. It addresses the question, "What or who are racialized people?" or, "What does it mean for a people to be racialized?" or, simply, "What is race?" That century ended with a body of writings that can perhaps be considered, in spite of their limitations, the first critical work that focuses on the concept of race, namely, Rufus Lewis Perry's recognition that there is an ontological dimension to race discourses, and W.E.B. Du Bois' reflections on racial conservation and the problems involved in studying racialized people. The more influential of the two, however, was Du Bois.
Critical race theory has gained much from Du Bois. It was Du Bois who formulated, for instance, the distinction between identity and policy (liberation). In "Conservation of the Races" (1897), Du Bois struggled through the difficulty of using biological criteria for group classification of differences in the human species. Much of what he says in the essay is archaic today and downright false. But of importance is his identification of the need for a policy to protect certain groups from the genocidal onslaught of American and European imperialism. We should bear in mind, when we read Du Bois's essay today, that the indigenous populations of the United States were reduced to four percent of the original numbers in little more than a century. Du Bois had every reason to believe—given the rhetoric and realities of Manifest Destiny—that not only black populations in the New World but also such populations in Africa faced a similar fate. His essay challenged the intellectual community of color to take action against such a calamity. Those of us today who are very critical of Du Bois and his contemporaries' errors should wonder what our present may have been like had they not built institutions to combat the racist policies of the U.S. government and the European governments. In order to prevent "racial" genocide, however, Du Bois had to articulate "racial identification" of "racial identities."
Du Bois was a critical thinker of unusual talent for his times. In other work from the period, for instance, his "The Study of the Negro Problems" and The Philadelphia Negro, he began to question not only prevailing racial assumptions but also the assumptions of racial study itself. In other words, he began to study the studier, the imagined "objective" voice of reason in the systematic acquisition of knowledge of racial or racialized subjects. At the heart of Du Bois's critical race theory, then, was a critical theory—a critique of theory itself. In The Souls of Black Folk, Du Bois formulated the problem succinctly as a failure on the part of the theorists to study the problems of racialized people instead of reducing such peoples to the problems themselves. Implicit in this move is Cugoano's insight: a proper anthropology keeps the humanity of human subjects in sight. So the legacy is this. We must study even dehumanized human subjects in a humanistic way in order to recognize the dehumanizing practices that besiege them. The importance of such work for those who focus on policy is, then, obvious.
Critical work burgeoned throughout the twentieth century, the century marked by Du Bois' famous admonition about the color line. It is in this century that the most prominent other strain of critical race theory emerged, through the radical critical work of Frantz Fanon. Fanon announced, in Black Skin, White Masks (1952), the constructivity of racial formation.4 In addition, he brought into focus the tension between structural identities and lived identities and the tension between constitutional theories (the organism) and raw environmental appeals. The mediating forces, he argued, are sociogenic forces, forces that are "real" but subject, always, to the dictates of human intervention or agency. These forces were all examined after Fanon declared that he was not going to concern himself with problems of method but instead with problems of "failure," problems where the assumptions and presumptions of the social system and its modes of rationalization break down. In effect, Fanon's response to the status of the studier was to admit prejudice at the outset, which required an exploration of the failures that emerge both from prejudice itself, and from a failure to admit prejudice. Later, in an essay entitled, "Racism and Culture," Fanon explored the complications raised by cultural normativity. The pervasiveness of culture offered a degree of "rationality" to racist thinking. There is, in other words, such an appeal as "racist logic," and worse, racial normativity leads to racial normality. A racist in a racist society is, in a word, "normal." In each instance, Fanon pushed categories of interpretations to their limits to address the systemic flaws at hand, flaws that require revolutionary practices for their transformation instead of discourses of systemic adjustment. One can never "fix" all the players of a bad system.
The Fanonian strain had an enormous impact on the development of poststructuralism. Its focus on failure, popular textual resources, cultural aetiologies, and constructivity were all subsequently utilized by deconstructionists and genealogical poststructuralists, and their importance for critical discussions of race came to the fore in Edward Said's influential Orientalism. That all postcolonialists appeal to the constructivity of race is but an example of this influence.
From the late 1970s to the present, critical race theory has, thus, been marked by two major influences: Du Bois and Fanon. The central contemporary figures can easily be distinguished by the predominant influence of one of these two thinkers, and conflicts have emerged from the use of one to criticize the other, and from efforts to combine the two. The Du Boisian legacy is, perhaps, most marked in the work of Lucius T. Outlaw and the group of contemporary African-American philosophers who have followed his lead, albeit critically—for example, Tommy Lott, Robert Gooding-Williams, and Josiah Young. The Fanonian legacy varies because it has two offshoots. On the one hand, there are those who simply follow Fanon's insights on constructivity. Some of those scholars rely on an appeal to scientific verificationism that makes for some strange allies. Anthony Appiah, Naomi Zack, Charles Mills, and Victor Anderson, for instance, share Fanon's approach of analyzing failures, and his appeals to constructivity, but they reject his thesis that liberalism and scientism are examples of those failures. David Goldberg, Michael Omi, Howard Winant, Cornel West, Paul Gilroy, Stuart Hall, and many others have taken the lead on the racist culture position. We should bear in mind that none of these thinkers, on either the Du Boisian end or the Fanonian end, represent a complete unity. Cornel West, for instance, draws upon insights from both Du Bois and Fanon, although he explicitly appeals to John Dewey and Michel Foucault, as is evident not only in Prophesy, Deliverance! and Race Matters but also in Keeping Faith.6 Tommy Lott and Robert Gooding-Williams have taking the constructivity thesis seriously in much of their critical work on race as well. And although I have placed Omi and Winant in the Fanonian legacy of focusing on racist culture and racist projects, their sociological approach owes much to Du Bois' turn-of-the-century efforts at policy analysis.
A debate that has emerged from the work of the aforementioned theorists is the significance of the "critical" in critical race theory. For some, "critical" serves a purely negative function—to determine what must be eliminated or rejected. Such theorists dismiss "race" on the basis of its constructivity. A construction is, such theorists argue, a fiction, and by 'fiction' they mean that which fails to achieve ontological legitimacy through natural scientific criteria. The leader of this way of using 'critical' is K. Anthony Appiah.
For others, "critical" serves the same function as does "critique" in Kant's Critique of Pure Reason—to determine the transcendental conditions of meaning and limits of concepts, in this case, the concept of "race." Kant, as is well known, eventually called his transcendental philosophy "critical philosophy." The impact of Kant's work on modern thought needs no explication here. Let it be said that its legacy has continued influence on another way of using the word 'critical', namely, Frankfurt School type of critical theory. There, although the historical figurehead was Marx—where the critical exposed the ideological forces of the economic sedimented as the "natural" and the "religious"—the Kantian fusion led to explorations of meaningful conditions of dialogue, including dialogue on the critical, as we find in the work of Jürgen Habermas. The critical here does not function in a dismissive way, but instead as a way of interpreting the social world. For race theorists, the question of a critical understanding of the social brings back Fanon's sociodiagnostical approach. To be critical here requires understanding how the social functions as its own reality.
Although not often mentioned in this light, the phenomenological work of Alfred Schutz is central here in that it examines the intersubjective dimensions of social reality. Schutz's work has influenced critical race theorists primarily in the so-called "continental" tradition, which, ironically, includes such theorists as Lucius Outlaw as well. Outlaw has, in addition, presented a powerful case for this dimension of the critical through his examination of the debate between class-centered theorists and race-centered theorists. In "Toward a Critical Theory of Race," Outlaw appeals to Omi and Winant's racial formation theory—where racial projects, by virtue of institutional agents of transmittal, have led to the formation of the "racial state"—to raise the question of a Marxist or any other type of critique in a racialized society. Does not such a reality betray the error of reductive readings of race and class (and other identity formations)? Outlaw's phenomenological side emerges in his concluding remarks:
Lest we move too fast on this [on moving beyond racism in a pluralistic democracy] there is still to be explored the "other side" of "race": namely, the lived experiences of those within racial groups (e.g., blacks for whom Black nationalism, in many ways, is fundamental). That "race" is without a scientific basis in biological terms does not mean, thereby, that it is without any social value, racism notwithstanding. The exploration of "race" from this "other side" is required before we will have an adequate critical theory, one that truly contributes to enlightenment and emancipation, in part by appreciating the integrity of those who see themselves through the prism of "race." We must not err yet again in thinking that "race thinking" must be completely eliminated on the way to emancipated society. (Outlaw, 77–8)
Outlaw's advancing the category of "lived experience" raises another legacy that, ironically, is a fusion of Du Bois and Fanon through their differing phenomenological influences. Du Bois, as is well known, advanced the experience of blackness as a dual consciousness. Fanon raised this question in Black Skin through a phenomenology of alienated embodiment. Both Du Bois and Fanon recognized, as well, the impact of "historicity" in this mode of alienation. Racialized peoples have an ambivalent relation to history, for their identities are historically constituted as both the bane of their existence and the reality without which they could not be. Like an abusive parent who has abandoned its offspring, modern history is also such people's history, for better or worse. For Fanon, this ambivalence called for a dialectic between history and theoretical reflection, and what emerges from that dialectic is lived experience. The counsel of recognizing lived experience reaffirms Du Bois' edict of studying people's problems without problematizing the people—in effect, appealing to their lived experience calls for recognizing them as points of view, as part of the intersubjective world of sociality. But more, experience is here used as a bridge between the subjective and the objective (where the objective signifies intersubjectivity).
This other legacy raises the question of the critical through the paradoxes and failures of intentional life. The critical here signifies the self-reflective activity of the theorist advanced by Du Bois a century ago. The studier must here raise the question of his or her performative contradictions. The theorist must be attuned to possibilities of bad faith—lying to himself or herself about the practices of knowledge production at hand—and the "object," if we will, of "race" study, namely, human beings. In my work, this question has required the challenge of developing resources through which to study a being who lacks a nature. It has meant taking Du Bois' and Fanon's contributions on a phenomenological journey of socially converging matrices of identity. A properly critical race theory must address, in other words, the fact that no human being is, nor is able to live, one (and only one) identity without collapsing into pathology. In addition, a properly critical race theory must be willing to explore the possibility of systemic failure, a failure which may require radical transformations of the matrices through which a society's resources are distributed and through which they are interpreted. From this point of view, liberating practices aim at opening possibilities for more humane forms of social relations. In effect, it argues for "material" and "semiotic" conditions of human possibility. As such, it's a theory that bridges the identity and liberation divide.
The currents listed here are not, of course, the entire story. There have been efforts to articulate a critical theory of race that range from the psychoanalytical to the theological. And there are the texts that critically address discussions of racial mixture, indigenous peoples, and Asian and Latin-American racialization. The streams listed here represent, however, a set of questions and theoretical responses that have gained some influence in philosophical discussions of race.
Critical race theory could be studied from a variety of vantage points. Here are some texts I have found useful for an introductory course in the field:
Du Bois, W. E. B. 1897. The Conservation of the Races. New York: American Negro Academy.
Fanon, Frantz. 1967. Toward the African Revolution: Political Essays. New York: Grove Press.
Goldberg, David Theo, ed. 1990. Anatomy of Racism. Minneapolis: U. of Minnesota Press (especially the following chapters: Anthony Appiah, "Racisms"; Lucius T. Outlaw, "Toward a Critical Theory of Race"; D.T. Goldberg, "The Social Formation of Racist Discourse").
Gordon, Lewis R. 1997. Existence in Black: An Anthology of Black Existential Philosophy. New York: Routledge.
——. 1997. Her Majesty's Other Children: Sketches of Racism from a Neocolonial Age. Lanham, MD: Rowman & Littlefield (especially chapters 3 & 4: "Mixed Race and Biraciality " and "Sex, Race, and Matrices of Desire in an Antiblack World").
Mills, Charles W. 1997. The Racial Contract. Ithaca: Cornell U Press (especially the introduction).
Omi, Michael and Howard Winant, eds. 1986. Racial Formation in the United States: From the 1960s to the 1980s. New York: Routledge.
Pieterse, Jan N. 1992. White on Black: Images of Africa and Blacks in Western Popular Culture. New Haven: Yale U. Press (especially chapter 14: "White Negroes").
West, Cornel. 1982. Prophesy, Deliverance!: An Afro-American Revolutionary Christianity. Philadelphia: Westminster Press (especially chapter 2: "A Genealogy of Modern Racism").
Also for more advanced courses, where close readings of books is preferred, the following sources are worth more detailed exploration:
Frantz Fanon. 1967. Black Skin, White Masks. Tr. Charles Lam Markmann. New York: Grove Press.
Gates, Jr., Henry Louis (ed.). 1985. "Race," Writing, Difference. Chicago: University of Chicago Press.
Goldberg, David Theo. 1993. Racist Culture: Philosophy and the Politics of Meaning. Oxford: Blackwell.
. 1997. Racial Subjects. New York and London: Routledge.
Gooding-Williams, Robert. 1993. Reading Rodney King, Reading Urban Uprising. New York and London: Routledge.
Gordon, Lewis R. 1995. Bad Faith and Antiblack Racism. Atlantic Highlands, New Jersey: Humanities Press.
Hooks, bell. 1981. Ain't I a Woman?: Black Women and Feminism. Boston: South End Press.
. 1990. Yearning: Race, Gender, and Cultural Politics. Boston: South End.
. 1992. Black Looks: Race and Representation. Boston: South End Press.
James, Joy Ann. 1996. Resisting State Violence, with a foreword by Angela Y. Davis. Minneapolis and London: University of Minnesota Press.
Jones, William R. 1997. Is God a White Racist?: A Preamble to Black Theology. Boston: Beacon Press.
McGary, Howard. 1998. Racism and Social Justice. Oxford: Blackwell Publishers.
Mills, Charles W. 1998. Blackness Visible: Essays on Philosophy and Race. Ithaca and London: Cornell University Press.
Morrison, Toni. 1992. Playing in the Dark. Cambridge, MA: Harvard University Press.
Omi, Michael and Howard Winant. 1994. Racial Formation in the United States: From the 1960s to the 1990s, 2nd Edition. New York and London: Routledge.
Outlaw, Lucius T. 1996. On Race and Philosophy. New York and London: Routledge.
Zack, Naomi. 1993. Race and Mixed Race. Philadelphia: Temple University Press.
. 1994. American Mixed Race. Lanham: Rowman & Littlefield.
This list is not, of course, exhaustive. But they provide a good source of especially the Africana philosophical approach to critical questions of race.
Reading Frantz Fanon Here & Now at 17:47


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From: European Environment Agency (2010) The European environment – State and Outlook 2010. Synthesis. EEA Copenhagen.
From: European Environment Agency (2012) Environmental tax reform in Europe:implications for income distribution. Technical report No 16/2011.
From: European Environment Agency (2013) Green fiscal reform can create jobs and stimulate innovation across the EU.
From: European Environment Agency (2013) Environmental Fiscal reform – illustrative potential in Portugal.


the curried crab salad wasn't half bad. I did the mash… I did the curry mash… oh well.
Heat oil in a small pan, add curry powder and cook for about 30 seconds. That makes the curry powder taste less raw.
Mix curry powder and oil with yogurt, then combine with remaining ingredients, reserving 2 tablespoons of the scallions to garnish the top of the salad.


Future Smiles is a dental hygiene prevention program.
We advise that all children seen by our program see a dentist annually for dental diagnosis and treatment.
Nevada Medicaid provides medical and dental assistance to qualifying individuals and families. Those age 21 and younger are eligible to receive comprehensive dental care such as periodic and routine dental services needed for restoration of teeth, prevention, and maintenance of dental health.
CDC: Dental sealants are thin coatings that when painted on the chewing surfaces of the back teeth (molars) can prevent cavities (tooth decay) for many years. Sealants protect the chewing surfaces from cavities by covering them with a protective shield that blocks out germs and food. Once applied, sealants protect against 80% of cavities for 2 years and continue to protect against 50% of cavities for up to 4 years.


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July 20, 2019 12:03 AM PGT
Home » Sections » Features » Papua New Guinea's ICT evolution
Papua New Guinea's ICT evolution
1 May 2011 by Business Advantage PNG Leave a Comment
Information and communications technology (ICT) reform in Papua New Guinea is not only delivering cheaper prices and stronger competition: it is also helping businesses devise a new generation of innovative services.
Telecommunications companies' marketing activities in PNG involve regular forays into remoter communities. Credit: Bemobile
As most companies that do business there will tell you, while it can be very rewarding, Papua New Guinea is a demanding environment in which to do business. One of the reasons for this is undoubtedly its infrastructure, which has struggled to keep pace with the country's needs in recent years.
In the past five years, however, one area of infrastructure in particular has made significant progress—information and communications technology (ICT).
From 2007, when Irish-owned Digicel aggressively entered the local mobile market, the sector has experienced the benefits of increased competition. Prices have fallen for mobile calls, reliability has improved markedly and the mobile networks themselves have expanded to cover over 75% of the country's population—quite some feat in a country with a population as widely distributed as PNG's.
Some estimates suggest that more than 1.5 million Papua New Guineans—perhaps 25% of the population—now have mobile phones, compared to just 65,000 fixed line subscribers.
Opening up the sector
The latest stage of the ICT reform process occurred in 2010, with the passing of a new ICT Act, the creation of a new industry regulator (NICTA—the National Information and Communication Technology Authority) and the commencement of a new regulatory regime on 1 November 2010.
The new regime is designed to remove Telikom PNG's remaining monopolies in fixed line and broadband services and encourage greater competition, as Paul Tevlone, Acting Chief Executive Officer at Telikom PNG, tells Business Advantage: 'The major change in the policy is that the retail market will be deregulated and opened up, and the market itself will dictate pricing.'
John Mangos, Chief Executive Officer of Digicel (PNG) Limited, explains what this means for Telikom's competitors: 'It effectively means that someone like Digicel will migrate our licence from a mobile-only licence to looking at all telecommunication services. It has created a broader, more level playing-field, not just for ourselves but for anybody coming into the market.'
Information and communications technology (ICT) reform in PNG is not only delivering cheaper prices and stronger competition: it is also helping businesses devise a new generation of innovative services. Digicel has already made its first move to broaden its offering by acquiring specialist telecommunications systems integrator and internet service provider Data Nets Limited, which has operations in PNG and Fiji.
Rising to the PNG challenge
For ICT companies, PNG presents several challenges for service delivery. 'From our standpoint logistics are an enormous challenge,' notes Stuart Kelly, Chief Executive Officer of Bemobile. 'The cost of internal travel is high, so if you're sending people goods—in our case handsets or cards—that is quite significant. Power is still a challenge, but it's getting a lot better and the remoteness and topography of the land are also a challenge.'
Not that they can't be overcome. In fact, the very nature of PNG's exacting environment has driven innovation. 'If you throw in the technology, which is going in leaps and bounds, it is the player who takes the initiative to look at new, innovative strategies and ideas who will obviously have the advantage,' asserts Telikom's Paul Tevlone.
The services initially deployed by the telcos themselves to keep their own customer service operations cost-effective in such a demanding environment—mobile credit and balance checking, for example—are now being offered to external parties in a range of sectors. Retail customers of state utility PNG Power, for instance, can now pay for their electricity by mobile phone when their electricity meter runs out in the middle of the night (all power in PNG is prepaid). Members of the country's main superannuation funds, NASFUND and Namabawan Super, and of the Teachers Savings and Loan Society credit union can now check their balances by SMS. Mobile banking is one development currently under way, with the country's largest bank, BSP, expecting to launch a mobile 'e-account' in mid-2011, to complement its rural banking initiative, and a new internet banking service. Mobile technology could well deliver new services in the insurance sector too.
Rising data usage
Such services are easy for the consumer to access using a basic handset and cost-effective to deliver—critical factors in PNG's operating environment. All three telcos have business development teams working hard with the business community to further proliferate mobile-delivered services. 'When you talk to corporate customers, they're not talking voice services anymore, they're talking data services,' says Paul Tevlone.
One measure of just how much Papua New Guineans have embraced this new way of conducting their daily transactions is to consider the dramatic rise in data usage. 'We've doubled our data usage in the last three months and that's purely because it's available to everyone,' Bemobile's Stuart Kelly told Business Advantage in February 2011. My view of the internet in PNG is that it'll be successful through mobile phones.'
A national broadband network
Notwithstanding the popularity among consumers of handset-delivered data services, business is crying out for faster, more reliable and cheaper broadband internet.
The PNG Government has announced its intention to buy into the high-speed fibre-optic cable network being created to support the ExxonMobil-led PNG LNG gas project, creating in the process a national broadband network. The Government's US$60 million investment through the Independent Public Business Corporation (which manages PNG's state-owned enterprises) is likely to see the PNG LNG network integrated with existing broadband infrastructure run by Telikom PNG and PNG Power, together with the laying of new fibreoptic cable.
'The ability to piggy back on the PNG LNG project has provided this country with an ideal opportunity to implement a national broadband strategy at a substantially lower cost than would otherwise be possible,' announced State Enterprises Minister Arthur Somare in December 2010.
If all goes according to plan, the new network could be delivering high-speed internet services as early as the end of 2012.
Increased demand for IT services
The rise in demand for data services in PNG has been accompanied by a parallel demand for greater reliability and quality in IT services, driven in no small part by the major resource projects currently under way in the country. Companies like Remington, Datec and Daltron are all IT service providers with offerings that range from computer hardware through to complex IT services and training.
'There was a bit of a lag, but we started to see opportunities arising from the [ExxonMobil-led] PNG LNG Project from the last quarter of 2010 onwards,' says David Macindoe, Commercial Manager with Steamships Trading Company, which owns Datec, also the country's largest internet service provider. 'There are now expectations for serious service delivery, with more systems analysts and systems engineers needed.
With IT services companies such as Australia's MCR and Allcom PNG entering the market in recent years, Macindoe is anticipating a more competitive sector in future.
In addition to IT services, Remington also supplies satellite phone technology—a essential service for mining companies working in remote areas. 'Mining companies need to be able to set up communications wherever they are. Increasingly, we're dealing with small companies in isolated areas which are not serviced by Telikom,' notes Ken Harvey, Managing Director of the LBJ Group of Companies, which owns Remington. Over the whole business, Harvey reports growth of between 15% and 25% per annum over the past three years. 'As more people are pressing buttons, we're doing better,' he says with a smile.
Open to all comers
While one might characterise what is happening in PNG's ICT sector as an evolution rather than a revolution, there is no doubt that the market is growing strongly, and is likely to continue to do so as PNG's economy expands.
'The market's open … more and more people are going to be looking at PNG and asking "How do I get involved in the marketplace? What can we deliver?",' says John Mangos. 'I think you will see a lot more people deciding to compete in the market.'
Filed Under: Features, ICT, Industry sectors, Infrastructure Tagged With: Bmobile Vodafone, Daltron, Datec, Digicel, Kumul Consolidated Holdings, LBJ Group, Nambawan Super, NASFUND, PNG Power Ltd, Remington, Steamships, Teachers Savings and Loan Society, Telikom PNG


Join us as we welcome Abbie Syrek, Director of Forensics at the UNO School of Communications, to discuss unique challenges women face as communicators. She will also outline tips on how to "find your voice" and speak up in places where women are often the minority (board rooms, meetings, etc.).
Drinks and dinner will be served!
Registration for this event is closed. Please call the MOMS office (402)-393-1415 if you'd like to attend. This event is open to MOMS members only.


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Antiviral Defense in the Vector Mosquito Aedes aegypti: induction and suppression of RNA silencing pathways
VIVARNASILENCING
Start date 1 August 2014
End date 31 July 2019
STICHTING RADBOUD UNIVERSITEIT
RESULTS PACK
Viruses: Breaking new grounds in research
Final Report Summary - VIVARNASILENCING (Antiviral Defense in the Vector Mosquito Aedes aegypti: induction and suppression of RNA silencing pathways)
Mosquitoes transmit viruses like Zika, Chikungunya, and Dengue, which are responsible for debilitating disease and worldwide epidemics. For example, dengue virus causes >100 million infections per year. These viruses are transmitted by two vector mosquito species, Aedes aegypti and Aedes albopictus. Complex interactions between virus and mosquito determine how efficient virus transmission occurs by these mosquitoes. Crucial in this interplay is the small RNA-based immune response of the mosquito, which recognizes and degrades viral RNA. In this ERC Consolidator project, we have analyzed the biogenesis, mechanisms and functions of small RNA-mediated antiviral defense in the mosquito Aedes aegypti. We have focused on a novel class of viral RNAs, called PIWI-interacting RNAs, thus far mostly studied for its function in suppressing mobile elements in the genomes of model organisms such as fruit flies. We find that the piRNA pathway processes viral RNA of a range of different viruses and we identified the mechanism by which this pathway recognizes viral RNA. In addition, we found that the piRNA pathway plays important functions in the regulation of cellular genes. We propose that PIWI proteins in Aedes aegypti are functionally specialized to exert multiple functions, including antiviral defense and gene regulation.


1. Xiaoxin Lv, Jiujun Deng. Biqiong Wang, Jun Zhong, Tsun-Kong Sham, Xuhui Sun* and Xueliang Sun*. γ-Fe2O3@CNTs Anode Materials for Lithium Ion Batteries Investigated by Electron Energy Loss Spectroscopy. Chem. Mater., 2017, 29, 3499-3506.
2. Xiaoxin Lv, Jiujun Deng, Jian Wang, Jun Zhong* and Xuhui Sun*. Carbon-coated α-Fe2O3 nanostructures for efficient anode of Li-ion battery. J. Mater. Chem. A, 2015, 3, 5183-5188.
3. Xiaoxin Lv, Jiujun Deng and Xuhui Sun*. Cumulative effect of Fe2O3 on TiO2 nanotubes via atomic layer deposition with enhanced lithium ion storage performance. Appl. Surf. Sci. 2016, 369, 314-319.
4. Jiujun Deng, Xiaoxin Lv, Jinyin Liu, Hui Zhang, Kaiqi Nie, Caihao Hong, Jiaou Wang, Xuhui Sun*, Jun Zhong* and Shuit-Tong Lee. Thin-Layer Fe2TiO5 on Hematite for Efficient Solar Water Oxidation. ACS Nano, 2015, 9, 5348-5356.
5. Jiujun Deng, Xiaoxin Lv, Jing Gao, Aiwu Pu, Ming Li, Xuhui Sun* and Jun Zhong*. Facile synthesis of carbon-coated hematite nanostructures for solar water splitting. Energy Environ. Sci. 2013, 6, 1965-1970.
6. Jiujun Deng, Xiaoxin Lv, Xuhui Sun and Jun Zhong*, et al. Lowering the Onset Potential of Fe2TiO5/Fe2O3 Photoanodes by Interface Structures: F- and Rh-Based Treatments. ACS Catal., 2017, 7, 4062-4069.
7. Jiujun Deng, Xiaoxin Lv, Hui Zhang, et al. Loading FeNiOOH Cocatalyst on Pt-modified Hematite Nanostructures for Efficient Solar Water Oxidation. Phys. Chem. Chem. Phys., 2016, 18, 10453-10458.
8. Yiping Zhang, Qiqi Zhuo, Xiaoxin Lv, Yanyun Ma, Jun Zhong and Xuhui Sun*. NiO-Co3O4 nanoplate composite as efficient anode in Li-ion battery. Electrochimica Acta, 2015, 178, 590-596.
9. Mo Sha, Hui Zhang, Yuting Nie, Kaiqi Nie, Xiaoxin Lv and Xuhui Sun*. Sn nanoparticles@nitrogen-doped carbon nanofiber composites as high performance anodes for sodium-ion batteries. J. Mater. Chem. A, 2017, 5, 6277-6283.


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Hello from Top Drawer Art At The Brass!
We'd like to announce our current exhibition is up for viewing- Top Drawers Part Two: Drawings by Dominic Cabral, Steven Karnes, and Rick Titterton! This is the second in a two-part exhibition highlighting the artists of Top Drawer whose work focuses on intense and detailed drawing. As opposed to the first part of the exhibition, which featured new work by well-known names from Top Drawer's roster, this second part focuses on those artists whose names are lesser known, but whose work is as equally compelling and finally getting it's chance to shine. Visit us to see the show throughout the month of June, and join us for our Public Reception on Art Night, Thursday, June 26th, 5 pm - 9 pm. This Art Night at Top Drawer will feature live music by Stephen and Riley Chabot, as well as a brand new tee shirt design by Rick Titterton! Join us for another really fun night!
We are also thrilled to announce our next Conversations Visiting Artist Series sponsored by Rhode Island State Council On The Arts will be hosted by our very own Art Center Director and Top Drawer visionary Tom McAleer! Those of you who've driven through the Providence/East Bay Area in the early mornings or evenings may have seen Tom parked by the roadside, with his easel out and his ear buds in, painting and dancing away. Tom's work is about an exuberant observation of the outside world and the joy of the senses, and his prolific output of plein-air oil paintings illustrate the way he's turned his daily painting routine into his therapeutic and spiritual outlet. For this workshop, participants are required to bring their own art materials, be it paint, pencil, crayon or Krylon, meet at Top Drawer Art At The Brass for a quick introduction from Tom, then disperse into the surrounding mill-filled area of Warren to observe and appreciate the beautiful details we see through Tom's rose-colored glasses. Join him and the artists of Top Drawer for this fun and funky workshop, Saturday, June 21st, 10 am- 1 pm.
Keep on supporting your local artists!
A monthly event highlighting Bristol and Warren's Galleries and Open Studios, always on the last Thursday of the month from May-October! See our 2016 event season schedule below!
Check out these related sites, too!
A guide to the monthly event that brings the arts together in Bristol and Warren!
a great web guide to all things local!