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Amazing Facts About Bad Gastein (Austria) – Best Articles
Facts about Bad Gastein (Austria) – Bad Gastein is a spa town in the St. Johann im Pongau district of Salzburg, Austria. It is picturesque and is located in the high valleys of the Hohe Tauern Mountains. It is famous for the Gastein waterfall and various Belle Epoque hotel buildings.
Facts about Bad Gastein (Austria)
Bad Gastein has a vibrant pagan tradition that has been slightly integrated into the Roman Catholic tradition. An example of the pre-Christian Alpine tradition is Krampus, now adopted as one of the companions of Saint Nicholas. Krampus is an elemental, horned, and demonic character that is jokingly replayed by a group of male revelers during the Perchten event or Perchtenlauf in December and every four years. Perchtenlauf is held in Bad Gastein every four years. The most recent one was in 2014.
Due to the high altitude of the town, Bad Gastein has a humid continental climate (Dfb), bordering a subarctic climate (Dfc). The summer is mild, sometimes warm, and the night is cool and fresh. The winter is moderately cold and snowy, with an average annual snowfall of 136 inches (345 cm).
St. Johann im Pongau
1,002 m (3,287 ft)
Population (2018-01-01)
23/km2 (60/sq mi)
Summer (DST)
Catholic parish church
Nikolauskirche
Gletschermühlen
Felsentherme
Gasteiner Heimatmuseum im Haus Austria
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Nationalpark Neusiedler See-Seewinkel er en af 8 nationalparker i Østrig. Sammen med den ungarske nationalpark Fertö-Hanság Nemzeti danner den et ca. 300 km² stort naturbeskyttelsesområde øst og syd for Neusiedler See. Området omkring Neusiedler See er optaget på UNESCO's Verdensarvsliste og nationalparken er endvidere omfattet af Ramsar-konventionen for beskyttelse af vådområder.

Syv kommuner (Andau, Apetlon, Illmitz, Neusiedl am See, Podersdorf, Tadten og Weiden) ligger delvis i nationalparken. Halvdelen af nationalparkens område er naturzone og den anden halvdel er kulturlandskab.

Biotoper
Neusiedler See og Seewinkel er de vestligste udløbere af den ungarske lavslette, og sletten findes indenfor nationalparken. De forskellige biotoper i nationalparken er:

 Neusiedler See med sit op til 4 km brede sivbælte
 Saltsøer, som periodisk tørrer ud
 Sletteenge
 Små sandområder

Flora og fauna
Neusiedler See er et af Europas mest betydende fuglereservater. Søens sivbælte og saltsøerne er vigtige områder for fuglene, og der ses omkring 320 fuglearter. Der findes fiskehejrer, Rørdrum, Hvidbrystet præstekrave, klyder og stortrapper. Endvidere findes den hvide stork på landsbyernes hustage.

Turisme
Nationalparken tiltrækker mange turister, og der findes et informationscentrum i Illmitz, der har åbent året rundt. I visse dele af nationalparken må man kun bevæge sig på markerede veje og stier. Der findes mange udsigtstårne til bl.a. fuglekiggere.

Der gennemføres guidede ture i nationalparken.

Eksterne henvisninger

 www.nationalpark-neusiedlersee-seewinkel.at
 www.naturschutz.at

Neusiedler See-Seewinkel
Neusiedler See-Seewinkel
Neusiedler See-Seewinkel
Ramsarområder

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Five Faculty Elected to Emeritus Status
Five Faculty Elected to Emerit…
Five faculty elected to emeritus status will be recognized at Commencement on Saturday: Donald Chambers, Walter E. Hanson/KPMG Peat Marwick Professor of Business and Finance; Alan Childs, professor of psychology; Curlee Raven Holton, David M. '70 and Linda Roth Professor of Art; Neil McElroy, dean of libraries; and football coach Frank Tavani, instructor of athletics and physical education.
Biographies for the emeritus faculty are included in the Commencement program:
Don Chambers and his wife, Suzanne, talk with trustee Stephen Pryor '71 (far left) and Professor D.C. Jackson.
DONALD R. CHAMBERS, Walter E. Hanson/KPMG Peat Marwick Professor of Business and Finance, has been a member of the faculty for 25 years. He received a Bachelor of Science degree in accounting from Binghamton University in 1978 and a doctorate in business administration, with a major in finance, from the University of North Carolina at Chapel Hill in 1981.
Chambers joined the faculty as Hanson/KPMG Professor in 1992. Before coming to Lafayette, he held the Frank Baker Research Chair in Finance at the University of Baltimore and, before that, positions at Rochester Institute of Technology and The Pennsylvania State University.
Chambers' teaching areas and research interests include corporate finance, investments, alternative investments, derivatives, and risk management. The recipient of two Department of Economics teaching awards, he has served as adviser to numerous majors and honors candidates and as mentor to EXCEL Scholars. He was adviser to the College's Investment Club, the oldest student-run investment club in the country, which manages a portfolio whose value exceeds $560,000. He played a key role in securing funding for and administering the Gladstone T. Whitman '49 Fund, which provides internship opportunities and other programming for students.
Chambers has published more than 50 articles in major finance journals. He is the co-author of several books, including, most recently, the third edition of An Introduction to Core Topics in Alternative Investments, published by the Chartered Alternative Investment Analyst Association (CAIA), and seventh edition of Modern Corporate Finance: Theory and Practice. He is a member of the editorial board of The Journal of Alternative Investments.
Chambers has served on the Board of Trustees' Committee on Financial Policy and other College committees. He also has served as associate director of programs at CAIA, as chief investment officer of Biltmore Capital Advisors, and as a risk management consultant for The Bank of New York.
Alan Childs and EXCEL Scholar Lauren Howland '11
ALAN W. CHILDS, professor of psychology, has been a member of the faculty for 37 years. He received a Bachelor of Arts degree in psychology from Maryville College in 1971 and a doctorate in social psychology from University of Tennessee, Knoxville, in 1975.
Childs joined the Lafayette faculty in 1980. He was promoted to associate professor in 1986 and to full professor in 2001. His many teaching areas include social psychology and health psychology. His research interests include medical practice, especially in patient-practitioner interactions; factors that affect critical medical decisions on the part of practitioners, patients, and their families; and health psychology.
With Prof. Stephen Lammers, Childs developed and taught a two-course summer program in London on ethical and social issues in health care in the United States and United Kingdom. He also developed interdisciplinary seminars on health care in a technological society and on the role of medical technology in patient-practitioner interaction. He has received grants from Lehigh Valley Hospital Center, Dorothy Rider Pool Trust, Pennsylvania Humanities Council, and National Science Foundation.
An adviser to psychology and neuroscience majors and to Lafayette's chapter of the Psi Chi honor society, Childs has supervised numerous EXCEL Scholars and students in independent study and honors research and has been academic adviser to the men's basketball team since 1991. He is the recipient of the College's Marquis Distinguished Teaching Award and James P. Crawford Award for excellence in teaching. He has received the Student Government Superior Teaching Award several times and the Alumni Association's Daniel Golden '34 Faculty Service Award.
Childs was awarded an American Council on Education Fellowship in Academic Administration in 1986-87 and spent that year at Colgate University working with the provost and president of that institution, after which he served four years as Lafayette's dean of academic services. Childs served as the first executive director of the Colonial League, now the Patriot League, and was founding director of the College's Center for the Integration of Teaching, Learning, and Scholarship. He has chaired many faculty committees and task forces and served as head of the Department of Psychology, coordinator of the Health Care and Society Program, and health professions adviser.
CURLEE R. HOLTON, David M. '70 and Linda Roth Professor of Art, has been a member of the faculty for 26 years. He received a Bachelor of Fine Arts degree from Cleveland Institute of Art in 1987 and a Master of Fine Arts degree, with a concentration in printmaking and painting, from Kent State University Honors College in 1990.
Holton joined the faculty as an assistant professor in 1991. He was promoted to associate professor in 1998 and to full professor in 2004. He was named the inaugural holder of the Roth Chair in 2010.
An internationally recognized master printmaker and painter, he has exhibited his work in more than 60 one-person shows and over 100 group shows, in venues that include the Seventh International Biennale in Cairo; Taller De Artes Plásticas Rufino Tamayo in Oaxaca, Mexico; Cleveland Museum of Art; and Whitney Museum of American Art. His work is in the collections of the Library of Congress, National Gallery of Art, Yale University, and Philadelphia Art Museum, among many others.
The College's Experimental Printmaking Institute, which Holton founded in 1996 and directs, is at the forefront of African American art and culture nationally and internationally. Artists' residencies at EPI have yielded more than 350 editions by such artists as Faith Ringgold, Richard Anuszkiewicz, David C. Driskell, Grace Hartigan, and Sam Gilliam. EPI has provided scores of students with the opportunity to work side by side with significant artists and exhibit their work locally and nationally. Works produced at EPI have been acquired by Metropolitan Museum of Art, High Museum, Yale University, and New York University, among others. Holton has served residencies at many museums and colleges and presented more than 70 public lectures.
Holton is the recipient of Lafayette's Marquis Distinguished Teaching Award, James E. Lennertz Prize for Exceptional Teaching and Mentoring, and Carl R. and Ingeborg Beidleman Research Award. A founding member of the Africana Studies Program, he engaged sculptor Melvin Edwards to create the campus sculpture Transcendence, which honors David K. McDonogh 1884, the College's first African American graduate.
Neil McElroy gives a toast at a Friends of Skillman Library event.
NEIL J. MCELROY, dean of libraries, has been a member of the faculty for 27 years. He received a Bachelor of Arts degree in philosophy from Rhodes College in 1971, a Master of Theological Studies degree from Harvard University in 1974, and a Master of Library Science degree from Simmons College in 1977.
McElroy joined the College as director of libraries in 1990 and was named dean of libraries in 2006. He also headed Information Technology Services from 2005 to 2011.
McElroy was named Lafayette's Administrator of the Year in recognition of his key role in directing a dramatic expansion and renovation of Skillman Library that was honored with several national awards, including the American Institute of Architects Honor Award and American Institute of Architects/American Library Association Library Building Award.
Among notable programmatic accomplishments during McElroy's tenure, the library gained national recognition for its leadership in developing and using information technology and in partnering with the faculty in teaching and research. It was cited by the Council on Library and Information Resources, Coalition for Networked Information, and other leading academic associations as a model for other colleges and universities.
Through McElroy's initiative, the College was awarded a grant by the Andrew W. Mellon Foundation in 2013 supporting the training of faculty and students in digital humanities methods and the library's aspiration to advance innovative scholarship in liberal arts colleges, unify research and teaching, and share lessons of success with the growing international community of digital humanities practitioners.
In 2014 the library received the Excellence in Academic Libraries Award from the Association of College and Research Libraries, highlighting its commitment to digital scholarship, its pioneering of new models for collaborative content acquisition, and the impact of its Information Literacy and Special Collections programs on student learning.
Through gifts from former provost June Schlueter and her husband, Paul Schlueter, the dean's suite in the library is named in McElroy's honor, and an award recognizing outstanding work by a member of the library's support staff is given annually in honor of McElroy and his wife, reference librarian Marilyn B. Kann. McElroy currently serves on the Oversight Committee for Lever Press, a publisher of open-access, digitally native, peer-reviewed scholarly monographs.
Football coach Frank Tavani holds the trophy for winning the 150th Lafayette-Lehigh football game.
FRANK A. TAVANI retired as instructor of athletics and physical education after serving 17 years as the 27th head football coach at Lafayette. He was running backs coach for 13 years before that.
As head coach Tavani led Lafayette to Patriot League championships and NCAA playoff appearances in 2004, 2005, 2006, and 2013. He was an assistant coach on the Leopards' league championship teams in 1988, 1992, and 1994. In 2004 he was named Patriot League Coach of the Year and was a finalist for the Eddie Robinson National I-AA Coach of the Year Award. He had the second-most wins as a head coach, 84, in the program's history, including the memorable victory over Lehigh at Yankee Stadium in the 150th meeting in college football's most-played rivalry in 2014.
Under Tavani as head coach, Leopard players earned first-team or second-team All-Patriot League honors 121 times. His players were named the league's Offensive Player of the Year three times, Defensive Player of the Year twice, Rookie of the Year four times, and Scholar-Athlete of the Year five times. They were named to the CoSIDA Academic All-District team 32 times and to the Patriot League All-Academic Team 15 times since that honor was established in 2010.
Tavani's impact extended beyond the field and classroom. He worked with College officials and donors on the transformation of Fisher Stadium, which now features Bourger Varsity Football House as the home of Lafayette football.
Tavani received a Bachelor of Arts degree in psychology in 1975 from Lebanon Valley College. A standout running back there, he was twice named the team's most valuable player and earned Associated Press All-America honors as a senior. He was elected to Lebanon Valley's Athletic Hall of Fame in 1988 and joined the Central Chapter of the Pennsylvania Sports Hall of Fame in 2006.
Tavani was the first to hold the endowed football coaching position established in honor of Fred M. Kirby II '42 by the F.M. Kirby Foundation in 2013. He and his wife, Agnes, are parents of four children, including three Lafayette graduates, Liam '03, Meghan '06, and Bridget '13. Daniel graduated in 2008 from Wofford College, where he was a four-year letter-winner in football.
Categorized in: Art, Commencement 2017, Economics, News and Features, Psychology
Tagged with: Athletics, Football

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Gulyaev on IOC statement: 'We are waiting for the steps the ISU will take'
Russian Skating Union President Nikolai Gulyaev believes that after the International Olympic Committee (IOC) statement, it is more important to see what concrete steps to expect from the International Skating Union (ISU).
On Wednesday, the IOC said it would consider admitting neutral Russian and Belarusian athletes who do not actively support the CBO to international competitions. In most sports, against the background of the situation in Ukraine, Russian athletes are deprived of the opportunity to participate in international tournaments.
– The IOC has made a statement, but we will wait for concrete measures. So far, there are no details in this statement and, as far as I know, a lot will depend on the international federations. Therefore, we are waiting for the steps that the ISU will follow, for us the first step could be the cancellation of the corresponding statement on the withdrawal of our athletes, Gulyaev told .
I am Sandra Jackson, a journalist and content creator with extensive experience in the news industry. I have been working in the news media for over five years. During this time, I have worked as an author and editor at various outlets producing high-quality content that attracts readers from different demographics.
Most recently, I was an Author at Athletistic where my primary focus was providing coverage of Wintersports events across the world. My writing has been published on some of the website's most popular features such as 'Match Previews' and 'Player Profiles'. Additionally, I also wrote opinion pieces on topics related to Wintersports that showcased my knowledge of the sport.
The coach of the Russian biathlon team...
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Gallery: Zion National Park
FILE - This Sept. 16, 2015, file photo, shows Zion National Park, near Springdale, Utah. Zion National Park officials say visitati FILE - This Jan. 20, 2011 file photo shows shadows creeping up on sandstone cliffs glowing red as the sun sets on Zion National Pa FILE - This Sept. 15, 2015, file photo, shows Zion National Park near Springdale, Utah. Officials at Zion National Park have sched FILE - In this Monday, July 22, 2013, file photo, hikers look up at a fast moving storm as it makes its way through Zion National A shuttle bus waits at the Temple of Sinawava stop Saturday, Sept., 5, 2009, in Zion National Park, Utah. Both Zion and Bryce wer Shadows creep up on sandstone cliffs as the sun sets on Zion National Park Thursday, Jan. 20, 2011 near Springdale, Utah. (AP Phot Shadows creep up on sandstone cliffs glowing red as the sun sets on Zion National Park Thursday, Jan. 20, 2011 near Springdale, Ut In this Saturday, Sept. 5, 2009 file photo, throngs of hikers trek through the Virgin River along The Narrows in Zion National Par Hikers walk the Emerald Pools Trails Friday, Sept., 4, 2009, in Zion National Park, Utah. Both Zion and Bryce were formed million Great White Throne at Zion National Park in Utah is seen, March 19, 1935. (AP Photo) The Virgin River appears to be a mere trickle from this observation point atop the east rim of Zion Canyon National Park in Utah, Al Hartmann | The Salt Lake Tribune Hikers in Zion National Park in 2009. A National Park Service report shows Utah's efforts to Trent Nelson | The Salt Lake Tribune The sun sets on peaks overlooking Springdale, Thursday, October 10, 2013, as the state and Trent Nelson | The Salt Lake Tribune The late afternoon sun lights up the entrance to Zion National Park, Thursday, October 10,
FILE - This Sept. 16, 2015, file photo, shows Zion National Park, near Springdale, Utah. Zion National Park officials say visitation has already grown by 11 percent this year and is on track to surpass 4 million visits. (AP Photo/Rick Bowmer, File) FILE - This Jan. 20, 2011 file photo shows shadows creeping up on sandstone cliffs glowing red as the sun sets on Zion National Park near Springdale, Utah. This is one of a number of scenic attractions, parks and other sites near enough to Las Vegas to add to itineraries as a day trip when visiting the gambling capital. (AP Photo/Julie Jacobson, file) FILE - This Sept. 15, 2015, file photo, shows Zion National Park near Springdale, Utah. Officials at Zion National Park have scheduled a series of public meetings to discuss challenges facing the park as it continues to draw record numbers of visitors. The Spectrum newspaper in St. George reports that National Park Service figures show that nearly 1 million people had visited the park in southern Utah through the end of April. (AP Photo/Rick Bowmer, File) FILE - In this Monday, July 22, 2013, file photo, hikers look up at a fast moving storm as it makes its way through Zion National Park outside of Springdale, Utah. Many of the country's most prominent national parks, including Grand Canyon, Yellowstone and Zion, set new visitation records in 2015. The National Park Service celebrates its 100th birthday in 2016 and has been urging Americans to rediscover the country's scenic wonders or find new parks to visit through marketing campaigns. (AP Photo/Sandy Huffaker, File) A shuttle bus waits at the Temple of Sinawava stop Saturday, Sept., 5, 2009, in Zion National Park, Utah. Both Zion and Bryce were formed millions of years ago when the Earth's crust violently heaved, leaving behind stunning, unique arrays of rock formations. (AP Photo/Ross D. Franklin) Shadows creep up on sandstone cliffs as the sun sets on Zion National Park Thursday, Jan. 20, 2011 near Springdale, Utah. (AP Photo/Julie Jacobson) Shadows creep up on sandstone cliffs glowing red as the sun sets on Zion National Park Thursday, Jan. 20, 2011 near Springdale, Utah. (AP Photo/Julie Jacobson) In this Saturday, Sept. 5, 2009 file photo, throngs of hikers trek through the Virgin River along The Narrows in Zion National Park, Utah. The Park Service already has recorded 5 million more visitors from this time last year at national parks creating traffic congestion, long waits, and crowded parks. (AP Photo/Ross D. Franklin, File) Hikers walk the Emerald Pools Trails Friday, Sept., 4, 2009, in Zion National Park, Utah. Both Zion and Bryce were formed millions of years ago when the Earth's crust violently heaved, leaving behind stunning, unique arrays of rock formations. (AP Photo/Ross D. Franklin) Great White Throne at Zion National Park in Utah is seen, March 19, 1935. (AP Photo) The Virgin River appears to be a mere trickle from this observation point atop the east rim of Zion Canyon National Park in Utah, April 23, 1964. Visitors find it hard to believe this placid looking stream actually created the immense canyon that thrills thousands of newcomers each year. (AP Photo) Al Hartmann | The Salt Lake Tribune Hikers in Zion National Park in 2009. A National Park Service report shows Utah's efforts to open nine units during the federal government shutdown paid off with visitors spending $10 for every $1 the state spent for the opening. Trent Nelson | The Salt Lake Tribune The sun sets on peaks overlooking Springdale, Thursday, October 10, 2013, as the state and federal governments were working out the details of a deal to reopen Zion and the other national parks in Utah as the government shutdown continues. A National Park Service report shows Utah's efforts to open nine units during the federal government shutdown paid off with visitors spending $10 for every $1 the state spent for the opening. Trent Nelson | The Salt Lake Tribune The late afternoon sun lights up the entrance to Zion National Park, Thursday, October 10, 2013. The state and federal governments are working out the details of a deal to reopen the parks as the government shutdown continues.
The Salt Lake Tribune
· August 25, 2016 12:15 pm
On the 100 year anniversary of the National Park System, here is a gallery of images from Zion National Park.
Here is a look at the four other national parks in Utah:
Also, click here for our quiz on Utah's national parks or try it below.


EXETER � Baseball is a game of inches. And it was a matter of inches that cost the Exeter High School baseball team its first loss of the season on Tuesday.
Exeter had just broken up a no-hit bid by Londonderry�s Nolan Lincoln and pulled out to a one-run lead. But in the top of the fifth inning, a pair of Blue Hawk errors with two outs left them looking at a deficit they wouldn't overcome, 3-2.
In a game between undefeated teams, where both pitchers made it tough on hitters, it was no surprise that it came down to a defensive snafu.
Londonderry's Zack Luongo led off the top of the second with a single, then came around to score on a Tyler Kayo single.
Exeter (3-1) had been held hitless by Lincoln through three innings, but broke through in the bottom of the fourth when Brady Green singled and scored on a Rob Wirtanen double. Wirtanen came around to score on a balk, but the Blue Hawks left two runners on base. Exeter only got two more runners on base the rest of the way, as Lincoln locked them down.
Londonderry (4-0) responded quickly after falling behind in the bottom of the fourth. With one out in the top of the fifth, Chris Tutt drew a walk. Two batters later, Reece Manor reached on an error and Tutt scored on the play. Nick Cote followed with an RBI single to give the Lancers back the lead.
Demas lauded his pitcher as well. He said he had considered pulling Lincoln, who went the distance, but Lincoln asked to stay on the mound.
Lendrum was excellent for Exeter as well. Despite giving up the first earned run of his career in the second inning, Lendrum was an error away from another win.
Lendrum went six innings, striking out four and allowing just one earned run. Lincoln countered with seven innings pitched, eight strikeouts and two earned runs.
Exeter finished with six hits, including Wirtanen�s double. Green, Harrison Lendrum, Elmore and Ryan Putney had a single each.
Luongo, Kayo, and Owen MacDonnell singled for Londonderry, while Cote added a double.


The new tactics can help doctors decide whether to refer patients with high levels of prostate-specific antigen (PSA) to prevent prostate cancer.
"There is no real strategy for consulting general practitioners, how to refer patients to a specialist for a biopsy," - Jan Verbeek said, MD, of the Erasmus Medical Center in Rotterdam, the Netherlands.
"Some doctors will refer patients to a specialist if their PSA level is high, but others believe that the level of PSA can be high for some other reason, and does not depend on oncology," - he told Medscape Medical News. "We have developed a forecasting tool to help doctors decide whether the patient really needs to worry about prostate cancer or not."
For patients who can benefit from treatment, you should include those whose life expectancy is limited and there is no increased risk of having a potentially aggressive prostate cancer, he explained Verbik during a poster session here at the European Association of Urology Congress in 2018.
Variables, which is based forecasting tool readily available to general practitioners: PSA, percent free PSA, patient age, life expectancy, and comorbidity.
Verbik and his colleagues analyzed data on 19,553 men aged 55 to 74 years who were initially involved in the European Randomized Study of Screening for Prostate Cancer (ERSPC) from 1993 to 1999.
To get results, the researchers used modern tables of life expectancy and the two prognostic factors: the rate of comorbidity index Charlson health and self-esteem.
survival curves for men with clinically significant prostate cancer who were not treated were obtained from the surveillance program, Epidemiology, and End Results (SEER), stratified by age and comorbidities.
They evaluated the effect of treatment for prostate cancer, using the results of the intervention against prostate cancer versus observation (PIVOT).
Models predict both prostate cancer and life expectancy were evaluated using the area located at the operating characteristic curve.
The first man 65 years old, has a record index Charlson comorbidity 0 and in good health. "We expect a 10% chance of prostate cancer on biopsy," - Verbik said.
On the basis of data from the ERSPC, SEER database and the PIVOT study data expected duration of the patient's life is 15 years, if there is no prostate cancer. But if you find oncology, and will be treated, "life expectancy is 17 years. He lives 2 more years with treatment, "- explained Verbik. "So, the patient should be referred for a biopsy."
The second man - 75 years old, has a record rate of comorbidity of Charlson 2 and poor health. It is expected that a life expectancy of only 5 years.
The likelihood that prostate cancer is detected by biopsy, higher - 17% - because he is older. 10-year risk of death is almost identical, if treated for cancer or not (81% vs. 82%).
Thus, the death rate from treatment for 10 years is only 1% in this older, sick person.
The researchers hope that the proposed instrument, which, as they say, should be available soon, will help doctors to primary health-care sort of patients for timely referral to a biopsy, thereby reducing unnecessary testing and inaccurate diagnosis.
Based on how to make treatment decisions for individual patients is difficult because individual patients deviate from the statistical forecasts, said Hendrik Van Poppel, MD, of the University of Leuven in Belgium.
The average life expectancy in Belgium is 81 years for men and 82 years for women. "If I have a patient who 75 years, I can say that he will survive another 7 years, so do not post it on a biopsy," - he told Medscape Medical News.
But even though the statistics show that the patient will die at 81 years old, he can live to 92. "Then the disease progresses, and he was too old to be actively treated. This is a problem with all the statistics that we have ", - Van Poppel said.
MRI suggested Van Poppel, may help doctors avoid unnecessary biopsies, simply because he finds significant tumor and not insignificant cancers.
"We know that men should undergo an MRI, when their first negative biopsy, but it is suspected that a patient has prostate cancer ", - he explained.
If in a subsequent MRI revealed nothing, "not to do anything", - he said.
On the contrary, if there is a significant MRI tumor image can guide the operator directly to the tumor, where an accurate sample biopsy, MRI-defined can be selected.
"It allows some patients generally avoid biopsies," - he said.
Nevertheless, Van Poppel found that the use of MRI to the standard biopsy in the United States less than in Europe, so some men may be sent for a biopsy, when it is not required.


Tag: Retro Computers | Something Odd!
I never used the BBC Micro much but it was a prominent feature of schools across Ireland the UK in the 80s and early 90s.
I love that Professor Steve Furber's admitted they didn't know why certain chips worked or the work arounds they needed to get other bits working!
The Dinosaurs episode of This Developer's Life struck a chord with me. Not because of Fortran or Dataflex although hearing about developers dealing with small memory constraints or attempts to convert an archaic piece of code into something shiny did make me grin stupidly.
The Commodore 65 was a prototype computer produced by Commodore between 1990 and 1991 to be an improved Commodore 64. I've hardly ever come across it online and never heard of it back in the day, but when Commodore was liquidated they sold the prototype machines. If you have one and are willing to part with it you could be in for a nice surprise!
This one on Ebay went for €17,827 last month. It's not as if much can be done with it as it was never official released but I guess you can run it in C64 mode.
Well, this is quite amazing. Jason Scott is archiving all the programs found on The Old School Emulation Center on archive.org.
That means there is now a gigantic collection of retro computing history on archive.org. There's lots of stuff from the C64 to the Speccy, from the Apple Lisa to the TRS 80 there. I'm bowled over by the huge Commodore 64 collection and even found some tunes ex-Ozone member Merman created in the late 90's. None of our demos there yet though.
One name that caught my eye was Derbyshire Ram, a swapper/cracker I have a vague recollection of. He died a few years ago but others put his huge disc collection online. I wonder if I should do the same with mine? My collection is much smaller and I think I'll need to check any notes for personal messages but someone might find it interesting. I'm not the only one either.
Go have a look, you may find something you remember from your childhood!
Bon Jovi's "Wanted Dead or Alive" as played on a real Commodore 64. The song was digitized on an Amiga, downsampled to 4 bit audio and copied onto a 3.5″ inch disk that the Commodore 1581 drive could read from. The song data was streamed in realtime from the drive to the tiny 64Kb of memory in the computer and fed to the SID chip for our aural delight. I presume the screen has been blanked to save processing power, or the data for the sample gets dumped into screen memory.
This did require an Amiga with the Perfect Sound digitizer. I hooked up the CD player to the digitizer and then using a custom routine on the Amiga, my brother would convert the data to a 4 bit sample. Then we used a null modem cable and Novaterm with a cartridge port adapter to transfer the data to a 1581 floppy. Quite a bit of work went into this.
Impressive video showing off some of the most popular games of the C64 and the biggest or most famous groups in the C64 demoscene. Must have taken ages to make.
Skip forward to 10:00 into the video for a message from Jim Butterfield. Though recorded in the 80's I presume, the message still applies. Programming can be fun.
My earliest memories of programming are directly related to the pain of not being able to save my work.
The first proper computer my family owned was a Commodore Vic-20. I guess my parents bought it in 1984 or 1985 but it might have been earlier. The Vic-20 came out years before but this was recession hit 80's Ireland. I'm pretty sure the computer was bought in O'Callaghan's shop, where the betting shop is now on Pembroke Street.
I remember copying a flying bird BASIC listing from the Vic-20 manual one school morning, and I think I made it fly left and right too. What made it stick in my mind was the anguish I felt because I couldn't save it. We had a Vic-20 you see but we didn't have a datasette that could record or play back data on cassette tapes. I left the machine on while I went to school which was risky because they had huge heavy power supplies that had a tendency to overheat (not that I knew that then!) Thankfully we did get a datasette later because I remember playing Wacky Waiters on it. Or it might have been some sort of interface that let me plug a regular cassette player into the Vic-20. Chip Electronics sold them in clear plastic bags I think. All a little hazy now unfortunately!
So, thanks to this site I was able to track down a scanned copy of the Vic-20 manual and immediately jumped to the Flying Birds bit. A little bit of rose tint nostalgia on a murky Friday evening almost 30 years later.


text:
Eric Rasmusen's Blog
Music (superseded by https://www.rasmusen.org/rasmapedia/index.php?title=Music)
Covid-19. This page is superseded by: https://www.rasmusen.org/rasmapedia/index.php?title=Covid-19
News the New York Times Doesn't Report
Liveblogging "The Return of In re Flynn"
Post author By Eric Rasmusen
I'll liveblog this (Tuesday, August 11, 9:30am) here at https://www.rasmusen.org/blog1/liveblogging-the-return-of-in-re-flynn/. Just audio, it seems, at https://www.youtube.com/watch?v=97dE1_3e2Po. Alternatives are https://www.youtube.com/channel/UCa63PLarrn0AmtHw-ooYtuw and https://www.youtube.com/watch?v=6yN7u1zyBPs (withe 3 men discussing—nice setup), and in C-Span at https://www.c-span.org/video/?474473-1/michael-flynn-perjury-dismissal-case-rehearing.
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I got the sense that the judges really really want Flynn to lose, and were searching for technical reasons that weren't too embarassingly pretextual.
I wonder if it's really legal to just have audio. Court proceedings must by law be open to the public unless there's a good reason for them not to be. If a judge decided to exclude visitors from his courtroom and just pipe the sound out to spectators sitting on the courthouse steps, that would be scandalous. Is that what is happening here?
There have been complaints in my county about local government doing this, probably in violation of an open meetings act. It may be different here, though, because the Court is not concealing anything from us that it isn't concealing from itself too. The judges do not get to see each other; the judges do not get to see the attorneys speaking; the judges do not get to see the reaction of the audience or the attorneys when a question is asked. This is all bad, but it is equally bad for the judges, so we can't say they are concealing the proceedings from us exactly– it's more that they are reducing the quality of the proceedings.
But isn't that something we have to accept because of covid? No. Let's put aside the question of whether the attorneys and judges are such louts that they'll show up infectious and sneeze in each others' faces. Take that as given: we can't let them in contact with other human beings. The question remains of why the leading appellate court in the richest and most technologically advanced country in the world can't figure out how to do video like the ladies who do home cooking shows do (see, e.g., Ahiza Vlogs, How to Cook Mexican Chicken Soup ). I'm on hand to help if Ahiza is too busy to take on any consulting.
For a draft of what would have been my revised amicus brief for In re Flynn en banc and might become an article, see
http://rasmusen.org/papers/enbanc.docx or if you prefer http://rasmusen.org/papers/enbanc.pdf:
how to discipline wayward judges and prosecutors, reassignment, rules civ11, ap35, crim48, mandamus, en banc. All of them exemplify the principal-agent problem. In re Flynn is a veritable zoo for agency theory.
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George Mason Professor Garrett Jones tweeted of my Rule 48 theory, "I'm sure your theory gets an asterisk or two.But I'm not sure your theory gets a high R-squared." Nicely phrased. I will think about that. It's a good way to think about explanatory theories. What he's saying in econometrics terminology is that my theory is definitely true and explains a few cases maybe, but it doesn't explain most of what happens.
The case everybody talks about that was behind Rule 48 was a federal prosecutor who went easy on someone with political connections. United States v. Woody, 2 F.2d 262 (D. Mont. 1924). The Montana US Attorney dismissed charges against rich young Woody, and it looked like political favoritism. The district judge was unhappy:
Says the Supreme Court in Confiscation Cases, 7 Wall. 454, 19 L. Ed. 196: "Public prosecutions * * * are within the exclusive direction of the district attorney, and, even after they are entered in court, they are so far under his control that he may enter a nolle prosequi at any time before the jury is impaneled for the trial of the case." See, also, 16 C. J. 434.
The power to determine whether a case shall be prosecuted to a conclusion must, of course, be lodged somewhere, and by common law the district attorney is made its repository….
The court cannot control him, unless, as in some states, it is given the power by statute. He is not even required to give a reason for dismissal. He may defy what, if any, authority over him the Attorney General has, and prosecute, though directed to obstruct and defeat court and justice by connivance in flight by accused. See U. S. v. Davis, Fed. Cas. No. 14923, much like the case at bar. The court recognizes him alone in criminal prosecutions.
Hence this motion to dismiss must be and is granted, albeit reluctantly.
I don't know what U. S. v. Davis, Fed. Cas. No. 14923 says, but if logic and the Confiscation Case is to believe, the Montana district judge is flat-out wrong about the Attorney-General not being the principal for the U.S. Attorneys:
Control of these suits, therefore, while they were pending in the circuit court, belonged to the district attorney under the general superintendence and direction of the Attorney General, and he might, if he had seen fit, have discontinued them at any stage of the proceedings prior to the appeals. Such control on the part of the district attorney ceases whenever such a suit, civil or criminal, is transferred to this Court by writ of error, appeal, or certificate of division of opinion, as the thirty-fifth section of the Judiciary Act also provides, that it shall be the duty of the Attorney General to prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned, and such has been the unbroken practice of this Court in such suits from the organization of the judicial system to the present time. Appointed, as the Attorney General is, in pursuance of an act of Congress, to prosecute and conduct such suits, argument would seem to be unnecessary to prove his authority to dispose of these cases in the manner proposed in the respective motions under consideration, but if more be needed, it will be found in the case of The Gray Jacket, [Footnote 8] in which this Court decided that in such suits no counsel will be heard for the United States in opposition to the views of the Attorney General, not even when employed in behalf of another of the executive departments of the government.
There is language in there suggesting that Congress could remove the authority of the Attorney-General from prosecution, to be sure, and that he derives his authority from Congress, but that, I bet, is just because the Attorney-General is not mentioned in the U.S. Constitution and is a creation of statute as an agent of the President.
In any case, the problem in Woody was the the U.S. Attorney wanted to dismiss and the Court thought that the Attorney-General should stop him but didn't ask the Attorney-General to do that. A way to fix that is to give the Court authority to deny the motion and notify the Attorney-General so he could continue the prosecution if he wanted to. That's Rule 48.
What other theory explains Woody? You need a theory that explains why it does any good to deny the motion to dismiss charges if the Attorney-General really doesn't want to prosecute, a theory that says what happens next if the judge wants the prosecutor to prosecute but the Attorney-General can just tell him to insult the jury and break all the rules and get it dismissed. The principal-agent theory works because it says the judge's denial of the motion does result in vigorous prosecution in some cases– the ones the Attorney-General really wants to prosecute.
That's just one case. I'm sure prosecutors file Rule 48 motions now and then, and that they are granted in 99 out of 100 cases, perhaps 999 out of 1,000, perhaps 9,999 out of 10,000. Of course, any theory looks bad at explaining those cases, because in those cases, Rule 48 is just a bother. It makes the prosecutor draft a motion that's routinely granted. But that's like saying having parachutes for fighter pilots is a total waste of money 99% of the time, because planes hardly ever crash. Worse, even. Having a parachute doesn't prevent a crash, but having Rule 48 prevents prosecutors from dismissing cases the Attorney-General wants prosecuted. It is *because* of Rule 48 that Rule 48 motions are so useless.
I need to figure out whether a writ of prohibition is really different from mandamus. Is it useful to have two terms, for Stop and Go?
Oral Argument en Banc DC Circuit Judges
LIVE BLOG WILL START HERE. I'll type for a bit, then hit Update, then type some more, and so forth.
As it turned out, I messed up technically. WordPress and HTML do odd things with image placement, rather than just putting images where you issue the command to show an image. I would have done better to stick to text. Also, Twitter is perhaps better, and probably reaches people better, though I have no way of knowing how many people read this because I haven't figured out a counter app for WordPress. All in all, this points me to leaving WordPress and going to Wikimedia software, which is well designed.
Lawyer Powell begins, on behalf of Flynn, with Judge Posner's wonderful quote on how the job of U.S. Attorney is already occupied, so the judge can't have it.
She goes right to separation of powers. This is NOT the mandamus topic.
Some judge (who?) asks a question, and I am dismayed, because I don't know who it is! A man. I figured it out later. It's CHief Judge Srinivasan, who is chairman.
Any precedent in which mandamus has been granted on a judge's treatment of a motion when the judge hasn't ruled yet? Effective question. He pulls her right to what the Court said wanted to hear about: mandamus generally.
Powell cannot think of a precedent.
What is the harm? Woudldn't the relief be given if the motion were granted?
The harm is the process. That's the correct answer.
Wasn't Fokker a case where the mandamus was issued *after* the motion was ruled upon?
Yes— but now we know that the motion *had* to be ruled upon a certain way. THen Powell goes to teh reassignment issue, trying to change the subject.
A writ for an interlocutory procedural order has not been used in a criminal case. Why here? The Will case had a bill of particulars, and the 7th Circuit
This is an extraordinary case. Bad move. It sounds like special pleadings.
Tatel. Can't we sua sponte this en banc? So why does it matter that Judge Sullivan petitioned?
It doesn't matter for hearing the case. It does go to Sullivan's bias. (correct answer, well done)
A hypothetical about summary judgement. Defendant moves for summary judgement. …
This is about a criminal case, and separation of powers, not a civil suit. (She should have noted that if plaintiff and defendant both want to drop a suit, the judge has to go along– no controversy.)
Imagine that the Supreme Court had ruled in a really weird way. He makes it so far out it's too hard to follow.
She needs to use my astrologer hypothetical. That is, she needs to show them a hypothetical where the delay is clearly the harm and mandamus clearly necessary.
Mandamus issue, not whether the Rule 48 dismissal needs to be granted. Why not let him have his hearing?
The judge has no role. It's ministerial, almost.
BUt IS it ministerial? It is or not. If it isn't, then the judge needs to do some thinking. (Correct). So aren't we arguing about what the judge has to do to make up his mind? Aren't you arguing that the judge can't use a hearing?
The judge can't conduct a hearing.
What COULD the judge have done to gather his thoughts?
A conference with the attorneys to ask them if both sides really want to dismiss. That's about it.
Why not just appeal, since you have a strong case?
Separation of powers. Bad answer. Harm to him, eventually— which is the real answer. But she ought to have gone into the harm to Justice Dept and harm to the Court. She is being much too abstract.
Ah, now she is getting into the novelty of Judge Sullivan's procedure. That would be good to press.
Griffith. Appointing an amicus is common.
No it's not in a criminal case for someone to act as prosecutor.
Millett. Where in the district court did you raise the separationo f powers issue?
In the opposition to the initial amicus by the Watergate prosecutors, even before the Gleeson appointment.
Millett. After that, where is the objection? You don't mention your objection to the Watergate prosecutors? [She is trying to say you didn't raise the issue first with Judge Sullivan, so you can't raise it with us first– you should have told him about it first. An exhaustion of remedies argument.]
Millett: What pushing can the judge do? Was the Stevens case pushing by the judge OK?
Millett: You say that Judge S. could not appoint an amicus in a criminal court, right?
Powell: That's right. No rule allows it, unlike in civil district court.
MIllett: Is there a rule against it?
Exclusio unius. (She didn't use those wrods). Weak argument.
Millett: Can courts use Rule 48 to protect themselves against abuse? [Think about fraud on the court here.]
Female voice. In re Richards. 213 F.3d 773 (3d Cir. 2000) 3rd circuit. Mandamus denied. Trial court didn't have a hearing yet. You are rejecting briefing on the RUle 48 motino, right?
No. The parties both advised the court on RUle 48. It's just that he wanted briefing by amici.
Female voice. Was Richard wrongly decided, by current law?
Female: WHy is the law different now?
bad answer. She is having a bad day, I think.
Female: Don't we want an adversary system just to get the law right? Why not inform the judge?
Again, no provision for an amicus. Bad response. Judges like getting input, adn it's ahrd to object too. She really needs to stress the time and cost element, and lack of a controversy or conflict.
Wilkins. Hypothetical. Unopposed RUle 48. Law prof asks to be appointed amicus because some people saw the prosecutor being bribed. Can he file an amicus and attach that evidence?
Won't answer. A 48a motion must go to the AG for approval. Her answer should be that the professor should go to the Attorney-general, not the judge. Good– she gets to that, but badly. She says to refer it to DOJ for prosecution. NO. She should have said, go to the AG, get him to rush to the courthouse and say "Rule 48motion withdrawn!".
Female. What is the MOST a district court judge can do with a RUle 48 motion? You've said a hearing. What else?
Female: How would reassignment help?
Cure bias and recusal. WOuld vacate appointment of amicus according to a certain decsin, tho that should be made clear in the court's order for reassignment.
Srinivasan. Suppose it was jsut whether to have mandamus to order rule 48 granting. If the DOJ judge is told to grant dismissal and then … I don't get it.
Henderson. Rhetorical question. Ezra Pound. Fishin the milk quote?
ROgers. No question now.
Tatel. No question now.
You made a mistake of fact in saying something in the panel oral argument. Docket 202. Can you help me with entry of denial of…
sealed filing in docket 201. Docket 204 was motion to somehow blcok the amicus, and to grant motion to dimiss. JUdge denied sealed motion 201 and open motion 204.
Did he ever say eh denied the motion to dismiss?
Panel didn't reassign. Do you want us to reverse the panel finding on that? Or is your claim of bias just coming from what hte judge said after that, in his en banc petition?
It's a long story. THe evidence has been piling up of his bias for a long time.
Did you raise all this with the panel?
We didn't have time to argue the disqualification issue at oral argument much. [How about the brief?]
Rule 48's purpose. RUle 48 isn't just for the defendant, is it? Isn't it, in its history, to deal with cases of favoritism by politiclly powerful defendants?
No. Rinaldi says its to protect the defendant.
But are there other purposes?
THere is only in the caselaw
How about the history of its creation? Do you disagree with that history?
Ignore the history. [she is saying it doesn't matter.] COurts have not rejected that idea, but they haven't addressed it.
Millett. 204 filing, opposition to Watergate amicus. Prposed order— doesn't mention granting govt. motion to dismiss, right?
Yes– there was one already attached to govt. motion.
Millett. The Watergrate prosecutors were UNINVITED, right? [not like Gleeson as invitged amicus]
Bribery hypo. Can the judge press the government to talk about it being lied to. Can the jduge show the government its bribey evidence and ask if it was lied to? [ I shuld talk about the cntmpt of court byt he first set of government prosecutors.]
Female judge. Rule 48. There's no caselaw AGAINST using RUle 48 to deal with bribery, is there?
She just can't deal with that argument. Or, rather, she says RUle 48 is unconcstitutional if it were said to allow the judge to deny dismissal
Male judge. Bribery hypo again. WOuld you really say the jduge can't hold a hearing on bribery evidence?
Yes. Would have to refer for prosecution to Justice Dept.
Rao. no questions.
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He gets rigth to the "no adequate remedy" issue. There is lots of harm from the process to everyone concerned. GOOD.
Srinivasan. Removing the en banc brief, is there still reason to grant amicus? Ah, he corrects to say: going to before anything J. Sullivan said even in his mandamus.
Yes. Fist, the DC CIrcuit can't ignore the evidence of what SUllivan has said he woudl do, in his mandamus brief. Second,e ven before that it was clear he was intending to create an onerous process.
Srinivasan. I missed that. FOkker stuff. Ah– BEFORE mandamus was requesetd, the trial court had done a bunch of proceedings. Should mandamus have been granted, if it were requested, in advance of all those proceedings that led to the judge fiddling with the nonprosecution agreement?
Yes. GOod answer.
If J. SUllivan had just asked for a hearing a few weeks, instead of all his hollering, would that have been OK? (Good question).
Henderson. It was THoreau who had hte fish quote, not Pound.
Henderson. What is your position on reassignemnt?
Judge S. is NOT a party, so that does not require reassignment. It would be if you wrongly think judge S. is a party. But Justice Dept. doesn't think Judge S. is a party.
455a is a harder question. Up to mandamus, Justice did NOT agree with reassignment. But now things are different. Judge S. has gone too far. He's gone crazy about Fokker and Ammisdown and pre-judged what the proceedings below were suppose to establish. GREAT POINT I hadn't noticed. SOme judges are thinking that Judge S. didn't get a chance to rule on various things. But it is very clear from his en banc brief that by now he's made up his mind about all those things— without adversarial proceedings, ex parte, after hearing from people like Gleeson and his own lawyer WIlkinson.
Rogers. very slow and angry. I missed it.
If the court will dnty mandamus, I hoep it says what Judge S. can do.
Rogers. Would filing a mandamus allow someone to force a jduge to recuse?
No. Justice Dept. holds that the jduge is NOT a party, and so cannot be forced into recusal.
This is not the sort of thing that woudl ordinarily spark an en banc.
Rogers. She seems pretty dimwitted. Not very coherent. She says she was at first just going to ask about harm to government. BUt then she thought she'd ask whether the injuries were too speculative. Is it the process that is…?
Back to 455a recusal. My second point is, in answer to Chief judge, … there are lots of things like the decision whether to charge teh TUrkey allegation, etc. which are NOT to be probed by the court. Probing into that is not a speculative injury: it is a definite injury from the process. THe court may not probe the government's decision processes.
Male voice. Again: Any mandamus ever against a motion.
I think there were some writ of prohibition cases. Cheney is close. I'd like to do supplemental briefing. Harm was to make exec engage in process. That was not a motino— it was on discovry— but it was the process, not a decision, taht provoked mandamus.
Male voice. But no others?
I don't know of any. [He should say
Under Fokker, I'd say proceedings would be denied by mandamus. So Fokker really is like that, even though it wasn't about forestalling bad process, but he bad resutls of the process.
Male voice. Census case about hearing for external evidence. In Dept. of COmmerce, the court said it ordinarily "strong showing of bad faith".
Fokker again. THere are plenty of places where teh courts can ask the exec to explain it decision. But the prosecution decision is not one taht gets judicial review for arbitrary and capricious, etc.
Follow up of Tatel question of Powell. Article III standing problem with en banc. Is sua sponte OK?
Of course it's OK. THe only question is whether it's an apporpriate en banc case, not whether the Court has the power. THe SC has a recent decsion about sua sponte powers (nto an en banc case).
Garland. Can en banc ever hear a mandamus case?
Yes, there's the power. THe only question is apporpriateness, not power.
Garland. There are three reasons to request dismissal. How much did the Justice Dept HAVE to say?
Not nearly that much, and we hardly ever do. But we could have other reasons to, that the AG did not want to share with the court. SOmetimes tehre's secret stuff.
Didn't Judge S. just say he wanted briefing?
No, not at all. "Anodyne".
Couldn't you just refuse to answer teh judge and ask for mandamus at that point?
Cheney and Fokker. You undervaluet e harm from having to listen to improper questions and demands from a court.
There's no ORDER yet here, is there?
There has been an order set up to require the govt. to address a core executive duty.
Why is just being accused by the other side and by the judge a harm?
THink of Fokker. The process is eactly the harm to the government there.
Griffith. RUle 48 "leave of court". Powell had a very narrow view– "almost ministerial". What is the Justice Dept view? Can there be a hearing?
It depends on what the hearing woudl do. A hearing is OK in itself. There are going to be OPPOSED Ruel 48 motions. And there could be use of dismissal to harass the defendant. But the court doesn't have much to do.
What about favoirtiism to a poltiicallyi powerful defendant?
NO. That's not something a court can look into. Richards, Fokker, etc. The bad motive of the government doesn't matter. The US cannot be made to bring a prosecution. The same is true of dismissal.
What would be an approrpiate hearing on these facs in this case?
There IS no appropriate hearing here, unless it's jsut to understand the motion.
What do you mean if he just needs to understand? What woudl the hearing look like.
NOne at all here. In other cases, it might be the judge doesn't udnerstand the law. NOt here. We can tell that judge S. unerstand it and dsiasgrees ith it.
Millett. Powell said the AG and SOclitior general need to approve rule 48 motions. RIght?
She was wrong. It's rare for it to go to the AG, tho it did in this case.
Millett. Can jduge Sullivan ask the governmetn what its REAL reason is if it has a video of bribery?
No. It could punish the attorney for contempt, but not via RUle 48. I don't know if it coudldo it after the case was dismissed, but i think it could. I don't know.
Discussion of whether contempt can continue after a case is dismissed. Good topic.
Millet. What does "leave of court" mean. Are you saying that protecting the integrity of the court is not a reason?
Right. That's sanctions and contempt. [Right answer.] RUle 48 is not for the protection of the dignity of the court. Articles II and III don't allow that.
Millett. Does Justice oppose appointment of Gleeson as amicus and the other amicus briefs?
No. We didn't think it was worth asking for reconsideration— but just for tactical reasons. No view one way or the other.
Millett. Are there any cases where mandamus asked for recusal? (This one didn't eitehr, actaully— this one asked for reassignment, I think.)
Female. Separation of powers is for the Courts' protection, too. Didn't you, Justice Dept., tell the judge to convict Flynn? Why didn't you explain to the judge why you changed your mind? Arent' you betraying him by changing your mind? [Really really dumb question.] Judge Sullivan was just asking abou the law, with no questions about facts at all. He was just looking at the record.
In ANY Rule 48 dismissal, teh governmetn has changed its mind. True, Judge S. didn't order a fact inquiry before the mandamus. But it was clear that's what he wanted, and he actaully said it later, which is aboslute proof.
Again: if it's just law below, not facts, then since Judge S has already said pbuicly what he thinks about the law, there's no point to any proceedings below adn we should go straight to mandamus.
The Justice Dept is saying that whatever the facts may be, the AG wants to dismiss the case. Which is what he can do.
Female. What is the governmetn worried about, since nothing has happened yet? More rambling. History of RUle 48.
CHeney said that it's not enough to say that the government can just show up and refuse to say anything. There's still harm.
Female voice. Given teh existing record, can't the court hear discussino by lawyers talking to guide him? Can't he judge do this to udnerstand the situation?
Great Fokker story.
Great answer. Here, the judge is nto trying to undersand the arguments. He is trying to figure out whether it was legitimate to drop charges. That is not his job.
Bribery hypothetical. Hearing OK? Say its't he US attorney in the videotape.
A hearing to make sure that the exec branch actaully does want to dismiss is OK. THe court can ask the AG if he really wants to dismiss. (BUt he doesn't explain it clearly.) Wall needs to tell a story. If the AG says, Thanks, judge, but I want to drop the case anyway for some other reason.
How about the AG taking a bribe?
No. The case must be dropped.
I really need to write this up clearly. They need to think about pardons too. And Fletcher v. Peck, where i think the Georgia legislatre was bribed to make a contract.
Rao. Whydidnt the Justice Dept. file a mandamus petition?
WHy should we? It should make no difference. [Correct] Filing a late petition would be distracting and dilatory and stupid. We don't have to. Injury to third parties counts all the time in deciding whether to grant equitable relief– preliminary injunctions.
Also, harm to Flynn should count too.
Henderson. Contempt and perjury threats by Judge Sullivan. What od you think?
As the Nat. Ass of defense lawyers said in their amicus, thi sis maybe the most torubling part of this. NO judge has ever threatened contempt for trying to withdraw a guilty plea. Maybe it's perjury, but it's not contempt. Why now, why this defendant? It's not a threat to separation of power, so we didn't focus on it. The district court hasn't addressed as to how this coudl be legal, in its briefs.
What;'s your very best argument for why the DC has no substatnial role in a case like this where the government wants to drop charges after a guilty plea, and hasn't ruled yet?
Fokker. And prosecutorial discretion. RUle 48 is not like Rule 11, Fokker said. (whats rule 11? not the civil one, must be the criminal one, I think).
Really, the best argument has tgo be twofold, for the two issues.
Garland. How do we draw a line between what is mandamus and what is not? How do we avoid a flood? Appropriations clause case en banc— stop unauthorized spending. Congress claims the exec is spending money when it can't, and that is correct, the exec says he doesn't care about he Constittuion. What happens? Does the district judge have to hear it?
Mandamus is about controlling judges. And money can be paid back, too, so no irreparable harm.
Paying back money is not possible. In my hypo, the money is about to be spent, and that would be irreparable harm.
The party is asking for an injunction against the President in that hypothetical. It's not about a mandamus.
APplies for a prelim injunctino to a jduge. THe judge wants a hearing. COngress says no hearing is needed, and asks for a mandamus.
This is about requriemetns for an injunction. That needs a fact hearing— you can't get an injunction without facts. [Mabye he's wrong on that.]
Why is just being asked questions a source of harm?
Cheney. The DC CIrcuit said that being asked was no harm. The SUrpeme COurt reversed, saying just having to show up and be accused was harm.
This would be a "spectacle".
Cheney wasn't criminal. Armstrong– crack cocaine and racial bias. You can't rely on what Gleeson said— he's not judge Sullivan. [just his sock puppet– or is it the other way around?] So why don't you just ignore the jduge's questions? [same question as the previosu one]
Equal protection clause sets up a high hurdle. Nothing like that here.
jkjkljkl
Armstrong allows probing, because it is equal protection. Fokker again. Fokker says it's not enough that the government coudl refuse to answer the court's qustions about the Deferred oproseuction agreement. The harm is in the process.
So just asking the qustion is what creates the harm.
Brady case. US Attorney is seen taking a bribe. AG is stnding next to him. Must judge dismiss th case? [She just can't understand taht the courts are not prosecutors] Doesn't this make a mockery of judicial power?
Yes. Everybody agrees that bribes before pre-plea.
No– she doesn't agree. She thinks that pre-plea, the court coudl still refuse to dismiss on account of a bribe.
If on its surface the reason for Rule 48 dismissal is Brady violation, but we see the US attorney was bribed in public, then the judge must dismiss. [He leaves open the question of what woudl happen if the US attroey said in his Rule 48 motion that he ws dropping
If there were no Rule 48 at all, and the governmetn wanted to drop, what would happen?
Rule 48 has use, for contested motions. Even some uncontested.
Judicial integrity. Vague.
Wall. The plaintiff would just dismiss. Judge S. can write up his suspicions and say he disagrees with the decision to drop the case. He just can't block it. There is no controversy left if the government wants to drop the case. This is even more important in criminal cases than in civil. THe district court has never explained how it would proceed if it ultimately denied the RUle 48 motion. [VERY GOOD THING TO THINK ABOUT– MY THOERY EXPLAINS]
Ammidown, 622, the Govt. has to give a reason.
Bribe hypo again. Why can't the judge deny the Rule 48 motion? Then the defendant could move to grant the motion. Isn't that how it should play out?
Bad answer. He should have said that this would be silly because the defendant would support the government's motion to dismiss, and the judge would just be saying, "If both you and hte governmetn support the motion, I'll reject it, but 9f you make teh same motion again, I'll grant it."
##################################################
Flynn and the governmetn haven't suffered any harm yet. No irreparable harm to petitioner. None to the government. All speculative.
Judge Sullivan is not a party, we agree. Maybe he's a "litigant".
Is there *anything* the judge could require in his process that would warrant mandamus?
Ordering the AG to appear would be unreasonable and would warrant mandamus.
Is there anything the court could ask of normal counsel that would make mandamus ok?
What about Cheney then?
THere was an actual order in Cheney to the government to do stuff. Nothing's ordered here yet.
But in Cheney, the failed argument was that it was no harm to show up, sinc eyou could refuse to answer.
The government has already had to show up in thee amicus proceedings, adn they haven't argued that that is not harmful.
Cheney? confused question.
In Cheney, the government said that if it even started responding, that woudl cause harm. But here, the government has respnonded . [Weird- the government DID brief the CHeney court. Same as here. The meta-arguments are different– tho still causing harm, of course, in terms of time and money]
More confused meandering. Cheney…
Can the judge deny a rule 48 motion, ultimately? [GREAT QUESTION]
Yes, bribery.
Then what happens?
Sentencing. [Good answer] And appeal.
In the end, at appeal, what would happen?
The appeals court would strike down the sentence and free the defendant.
So why keep going?
Because that's the legal process. Mandamus shouldn't short-cut it, even tho it woudl come out the smae in the end. [good answer? Need to think. ]
Male voice. Lots of traffic noise or soemthing.
Someone said there would be a circus. There is no evidence of this.
Male voice. How about bringing in other charging decisions? Is Judge Sullivan thinking about that?
THe record nowhere suggests he woudl do that.
Are you telling us that those lines of inquiry will NOT be pursued?
No, we haven't had briefing yet. We'll be very very good. at least, there's nothing to suggest we will be naughty.
What do you think Rule 48 is for?
Protecting teh defendant is the main purpose. But it's not the only one. Ammidown.
Suppose this happened pre-plea?
That woudl be different.
How about appointing Gleeson?
Paul Cassell being appionted by the Supreme Court t argue against the governmetn was ok evne tho everybody knew he was opposed.
PILLARD
Alternative remedy? Or is it there's no clear and indisputable right? Which ground is narrower for rejecting mandamus?
Remedy. That Flynn can always appeal.
Interlocutory appeal? If the Rule 48 motion is denied, can Flynn appeal or do mandamus before sentencing?
In re Eakins, an agency had refused to act. Mere delay does nto warrant mandamus. Everything could happen very quickly here, and could have been over by now. If tehre is an Order, then that is a decision that can be overturned. Here, there is no decision yet.
I should write an op-ed on the tyranny of the establishment, framing a man and then refusing to drop prosecution on specious grounds. The Bastille. Not habeas corpus.
I was gone for 20 minutes because of connection problems. Tell me if I get repetitive.
Would an evidentiary hearing be apporpriately bannable by mandamus?
It depends on what we mean by evidentiary hearing. But if it's inappropriate,t hey should refuse to provide witnesses.
Didn't Cheney say they didn't hve to show up and refuse to answer questions?
I think she's saying she's confused as to why Judge WIlkins thought it mattered that Justice was not a party.
Suppose the government says,"we have to dismiss because of new DNA evidence", pre-sentencing, and the defendant is in custody. Can the court keep the defendant in prison for 7 weeks while it decides?
Courts actually do NOT let the defendant go in lots of cases like this. They hold hearings first. [Really?]
Is it right?
It's not irreparable harm to be under prosecution. Flynn isn't in prison. Almachiri.
What public interest factors can a judge cnosider in RUle 48?
The jduge cannot second-guess the prosecutor.
Bribery.
Failure to appear at the hearing.
Fact-specific.
What is Sullivan's interest in pursuing rehearing?
Sullivan want to protect the mandamus rule from being misused. Good answer.
Can a judge litigate on behalf of the law? Is he different from any other citizen? WHy are there almost no cases where a judge is in this litigation posture?
He is NOT a party. He was ordered to respond. There are indeed cses where a judge has petitioned for cert to the Supreme Court. He has no "interest". He is suggesting to the court something that hey couldo do sua sponte.
Could judges pettion for en banc even if it wasn't mandamus? JUst that they got reversed?
That usb't the sitaution here. He was made into a respnodent. Weak answer.
THe presumption of regularity. How has this been overcome? Why is there any reason to think the Government's request to dismiss is improper?
It's just a preseumption, which can be overcome. It's not a RULE of regularity Mabye somethign will come up in the hearing.
It sure looks like the hearing is intended to look for misconduct. Why have it otherwise?
Somebody shoudl talk about "probable cause". The government can't make you show up, or threatent you with a default judgmeent, when ther eis no probable cause, or no adequate pleading.
Does mandamus have to be for action, or can it be for lack of action? For delay?
Yes, mandamus can issue for delay. I think she said that, at least.
Judge SUllivan was ordered to respond, by the 3 judge panel. How can he, without any invitation, invoke RUle 35 nad make an en banc petition?
He;s not a party. Western Pacific. Anyone's who's involved can make a petition. [Could a witness?]
Rule 35 limits petitions to parties. And you say he's not a party.
How about reassignment?
Nothing's happened since the panel decision except for the en banc petition. No reason to reassign the case.
The Justice Dept says that if the en banc court keeps Sullivan on the case, it should give him specific instructions. What od you think?
No instructions are needed. This oral argument has had lots of advice, and judge Sullivan will listen to it all and obey it, so he doesn't need instructions. And if he does something improper, the Justice Dept. will tell him.
What *would * be permissible questioning by the judge in a hearing?
Narrow. She seems to be saying there would be no factfinding.
So are you saying factfinding would be categorically inappropriate?
There is no basis for it right now, but it might come up.
Why does it matter that Justice did not file the mandamus petition, fo the separation of powers argument?
The Bond case matters– another party can raise the harm to the government.
Can't the defendant say the Separation of Power violation is harm to himself, not just to the government?
Flynn could ahve asked the district court to decide things quickly, and he didn't ask.
Two minute statement. She brings up that Flynn has been oppressed. The process is the punishment (she should have used that phrase).
THe whole purpose of mandamus is to address abuse of authority, not to reverse motions. GOOD.
Flynn shouldn't have been called a traitor, forced to sell his house, and so forth.
SUllivan's very thinking that he can petition for en banc is enough to show the appearance of bias.
He's lost neutrality. If not sooner, by causing 1,000 hours of defence work via his en banc petition.
We ask that the court refuse rehearing and instanter reiterate the panel decision.
Sullivan's whole idea was to do a factual inquiry. Now he's saying he's not going to investigate facts. BUt in that case, the process is useless; a hearing woudl be entirely useless, and mandamus is warranted.
So: if the court does decide against Flynn, they should restrict SUllivan very narrowly.
← "Hillary Clinton's current margin is 52% +-2%, and she will win with 84% probability" → What I Wished Had Been Brought up en banc for In Re Flynn
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Colonel Todd Ferry Departs MCAS Cherry Point
From the Sun Journal — An approaching change in leadership at the air station in Havelock will bid farewell to a beloved community leader of three years and welcome a 2nd Marine Aircraft Wing Operations Marine whose career began here 23 years ago.
Col. Todd W. Ferry will give over the helm of Marine Corps Air Station Cherry Point to Col. Mikel R. Huber during a change of command ceremony Friday, August 2nd at 10 a.m. Ferry has served as the air station's commanding officer since July 28, 2016. He demonstrated a standard of executive leadership that enhanced Cherry Point's reputation as the primary hub of East Coast Marine Corps aviation, leading the transition for basing the F-35 Joint Strike Fighter. >>read more
F-35: Tweet from President-Elect causes concern in Havelock
by Drew C. Wilson, Havelock News
Havelock's mayor said Monday that president-elect Donald Trump is welcome to come visit Cherry Point and discover for himself how valuable the F-35 program is to the nation's defense as well as the economy of North Carolina. Mayor Will Lewis, who is also president of the base lobby group Allies for Cherry Point's Tomorrow, was wearing both hats at a press conference to answer questions in response to a tweet by the president-elect Monday morning in which he called the F-35 program and costs "out of control." >>READ MORE
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New Study Suggests Common Cold Antibodies Could Protect Against COVID-19
Preliminary data shows some people, particularly children, may have pre-existing antibodies that could help mitigate the impact of COVID-19.
Catherine Pearson
11/10/2020 04:51pm EST | Updated November 13, 2020
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A new study found that some people appeared to have antibodies that react to COVID-19 even though they'd never had the virus.
Some people may have antibodies after catching the common cold that could also offer some level of protection against SARS-CoV-2 (the virus that causes COVID-19), a preliminary new study has found. And that seems to be particularly true for kids.
The study, published online in the journal Science last week, was essentially an accident. Researchers in London were working on developing new, more sensitive tests that screen for COVID-19 antibodies. The body produces antibodies, or proteins, in response to an infection -- and they may provide some level of immunity moving forward, though it's still unclear how long it may last with COVID-19.
In the course of checking how well their new tests were performing, researchers made the somewhat surprising discovery that some people appeared to have antibodies that react to COVID-19 even though they'd never had the virus.
The researchers then looked at 300 blood samples collected pre-pandemic, and found that nearly all of those individuals had antibodies that protect against coronaviruses that cause the common cold. (There are many different strains of coronaviruses, some of which cause the common cold.)
In addition, around 5% of the adults had antibodies that would "recognize" SARS-CoV-2 even if they hadn't had a cold around the time their blood was drawn. And 7% of the adults who had recently come down with a cold had similar antibodies.
Perhaps even more striking: Nearly half of the children in the small study had antibodies that would recognize SARS-CoV-2.
"Our results show that children are much more likely to have these cross-reactive antibodies than adults," study author Kevin Ng, a doctoral candidate at Francis Crick Institute in London, said in a press release.
"More research is needed to understand why this is," he added, "but it could be down to children being more regularly exposed to other coronaviruses."
Indeed, the Centers for Disease Control and Prevention says the common cold tends to be the main reason why children miss school — and it's not unusual for them to come down with three or more colds in a typical year.
So it certainly would be welcome news to parents to learn that all of those days sneezing and sniffling may offer their children some level of protection against COVID-19. But experts who were not involved in the new study urge caution.
For one thing, just because antibodies "recognize" a virus does not mean they will necessarily fight that virus off.
"The pre-existing antibodies the investigators found in uninfected people reacted with the bit of SARS-CoV-2 spike protein called 'S2,'" said Philippa Marrack, chair of the Department of Immunology and Genomic Medicine at National Jewish Health.
The "spike" protein is the part of the virus that sticks out and essentially what glues to human cells, Marrack explained. Antibodies against the "S2" part of that protein "are less likely to be useful," she added, pointing to the staggering global impact of COVID-19 (51 million cases and counting) as evidence of the fact that most people don't appear to have pre-existing antibodies that fully fight off the SARS-CoV-2 virus.
The researchers behind the small new study also cautioned against jumping to the conclusion that coming down with the common cold will protect against COVID-19 — though they do believe it may contribute to why some people, particularly children, get milder symptoms of the disease.
According to the American Academy of Pediatrics, which is tracking COVID-19 and children in roughly half of the United States — based on the data that is available — anywhere between 0.6% and 6.4% of kids who have been infected with the virus have required hospitalization. (Some states include young adults up to age 20 in their data.) Overall, the group states that severe illness among kids is "rare."
Outside researchers like Marrack agree it's worth continuing to investigate, though ultimately she believes that there are likely many factors that tend to make children less susceptible to severe illness from COVID-19.
"Antibodies that have been generated in response to other coronaviruses may help to some extent," she said.
For now, the best defense against COVID-19 remains the same: regular hand washing, maintaining social distance and wearing a mask.
Experts are still learning about COVID-19. The information in this story is what was known or available as of publication, but guidance can change as scientists discover more about the virus. Please check the Centers for Disease Control and Prevention for the most updated recommendations.
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Sat-Nav users please note that the school is accessed down Coronation Road. Some Sat-Navs will take you to Solomon Road if you input "EX39 3DE". Please be sure that you are navigating to the School via. Coronation Road (You could use it's post code EX39 3DD).