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INTERVIEW: Ju-Taun
You've seen them on my weekly top 20 and have heard me rave about them on Twitter so why exactly have I been doing those things? Because my friends, I bring you my second indie interview.
The first time I ever heard Ju-Taun I was in awe of the impeccably executed vocals, the swoon-worthy harmonies and everything else that draws me to vocal groups - be it a boy band, girl group or whatever. I thought musically they were one of the best groups I'd heard in the past three years and believe me, I've heard a ton of them so yeah - I adored them from the first note I heard come out of their mouths. Let Me In is a staggering 7 minutes-long but you know what? The time just flew by while I was listening to it - those seven minutes didn't and will never seem like 7 minutes because I lose track of time when I listen to their music.
The first time I heard Let Me In I was using crappy bass-less and flat to the point of tin can-y earphones so right now as I listen to the song with a brand new pair of earphones with the best bass and sound quality ever, the brilliance I first heard now sounds life-changing. Their other songs are equally brilliant as well and I think Es Amor is just below Let Me In when it comes to the quality of the songs. Oh dear, have I become a fan girl? No problem there!
Just the music made me desperately want to interview the band so I prepared the questions as critically and close to home as possible and sent them in before waiting a few days. Apart from the quick response I got, while reading the interview for the first time as a whole just before I started doing this write-up, their answers made me smile so much.
I don't know if they knew I believed in the same things I do but I saw answers that practically took a page out of my principles that have to do with music. It's rare that I find artists who read my mind this precisely and this is the first time I've heard someone say them directly to me - I'm dumbfounded. They've given me a reason to fight harder for what I believe in - knowing that a band has the same principles and ideals as me and is fighting for the same things I am really inspires me.
So, please do take the time to read their answers to nine of the questions that were brewing in my head and really get to know the band - what they said here means a lot to me and for that I now genuinely respect them as artists. You do realize if you don't know already that my artistic/creative respect is something I don't give to just anyone.
1. In theory I see you as somewhat a boyband - you sing songs, don't play your own instruments and you're vocal harmony-based. To you yourselves, what are you? Are you what I said you were or do you have another term for yourselves?
There's such a stigma and preconceived notion that comes to mind when the term "boyband" is used. Maybe "Vocal Group" would be better. But then again that term didn't really come to the pop culture forefront until BSB and NSync got so big that they began to get backlash from their immense popularity. Groups like Boyz II Men, All 4 One and Take 6 don't recieve that label. I think nowadays that term is better used for groups that were put together. We've been together since our early high school days so there's nothing fabricated here. We taught ourselves (with the help of one of our fathers) how to produce our own records and eventually found our own sound. Everything you hear on this album is us. Everything from the backing tracks and lyrics to the vocal production and mixing we did ourselves. So no we wouldn't label ourselves as such but we'll let the public and the media come up with their own labels. Our goal is to make the best and most heartfelt music possible.
2. Being indie artists(I assume..), do you want a major label contract or are you happy with what you have at the moment?
Honestly when we first started we were so determined to get signed to just about whatever came our way. We thought it would be easy but we were in for a rude awakening. But as we continued down this road of independence we learned that maybe that road isn't for us. We have so much freedom to make the music we feel needs to be heard. Signing to a label without making them come to us would just cause us to have to compromise our sound. So I guess the answer to that answer is Yes. So far we truly feel we're fulfilling our destiny.
3. Over the years after getting to know a lot of vocal groups, watching how they debut, get famous then split up as well as being in a group myself, I've noticed that there's a certain dynamic needed between the members to properly last over a certain time period - to exceed the shelf life of a vocal group/boyband. Your bio says that you've been together since 2000 - what's the secret to the group lasting this long?
It's really all about Love. It's the reason our album title is "Love Changes Things". You treat people differently because you want the best for yourself and others. We can tell each other about each others faults and shortcomings without the fear that what we say might rub the other the wrong way. Not only do we have a brotherhood, but we also know that whenever we approach one another respectfully with a suggestion or complaint it's out of us wanting the best for each other.
4. Is music first priority for you? Above trying to break the industry, making tons and tons of money or having hoards of screaming girls running after you wherever you go - do you always want to make music that moves people and has the ability to cross generations? Why?
Definitely, you hit it right on the head. We've been approached by big name producers and labels with the lure of riches at their side but in order to play the game we had to play it their way. We were fortunate enough to find our way and make a decision to not send the wrong message through our music before they came knocking. From the very beginning music was about how it made you feel. Even in this commercialized industry artists like Robin Thicke and John Mayer still gain noteriety and success while still maintaining their integrity. We plan to do the same and stay true to the music that comes from our hearts.
5. You've opened for The Temptations, I've heard. What part of the group - their career, vocals, music, the respect people have for them or whatever, do you want for yourselves?
To even attain a fraction of their success or to be mentioned in the same sentence would be a blessing within itself. If we would have to choose it would be the respect they achieved from their peers. Whether competition or label mates (though we're sure that's the same category since Motown had a reputation for their in-house competitive spirit) they we're always respected for their body of work, and their work ethic. Their vocal delivery was impeccable, their songs we're memorable and they laid the blueprint for many groups that came after them.
6. One of the things I look at in a boyband/vocal group, apart from amazing songs is their ability to do brilliant a capella work. Powerful vocals that fit together like puzzle pieces - the reason why I adore my favorite boyband is because they can nail a five-part harmony like no other. Can you guys nail a four-part harmony that'll make me faint?
We pride ourselves in knowing that we can always be better as musicians, vocalists, producers and people. So we're not one to toot our own horn, but in our own humble opionion we can throw in some ninths and sustains with some dynamics that were pretty sure can get us kudos from the most seasoned musician.
7. Why do you want to make music?
Our parents all loved music so maybe we had no choice! lol...But we truly enjoy singing together and making music. We even enjoy working towards perfecting our harmonies, dance steps and vocal delivery at our rehearsals. This honestly feels like what we were supposed to do. Some people never find out what they truly want to do with their lives, we're just happy and blessed that we did.
8. How does your song selection process work? Do you write most of your material or do you work with other people and around how many songs did you consider to put on the album?
At one point we had 15. If you count all the songs that could have possibly been placed on this album the number rises past twenty. Like we said we write and produce all our own music. Although it was something we didn't plan, we really had no choice. We haven't really met many writers or producers that had an energy about them that just clicked with ours. Chemistry is so important. It's something we have now after years of working with each other. With us song selection is just a feeling we all get. We usually know by the time we get to writing the Hook/Chorus whether it's a good song or not and we're usually all in agreement. The best compositions are the ones that just come together so quickly that we're dumbfounded. We're just vessels for the music. The songs we picked for this album all represent how love can change things in one persons life in one form or the other. They all fall in line with the motto we live and operate by.
9. What do you want to be remembered for in the next 10 or 20 years?
We want to be remembered as the group that never gave up. The group that persevered and continued to fight an industry that makes you pay if you want to play. The group that tore down walls and built new ones. The group that reminded listeners that we're just like everybody else. Four regular guys with just a dream. The group that reminded everybody that the right kind of love can allow us to do anything we wish to do in our lifetimes.
Find them online:
Labels: Interviews, Ju-Taun
Destiny July 19, 2009 at 6:22 AM
Wow, this group is amazing!!!!!!! When are we going to see them on T.V. or hear them on the radio!!! They are too good not to be heard!!!!
Nikki July 19, 2009 at 6:25 AM
Well they're indie so I highly doubt they'll get A LOT of press attention. It's unfair and annoying and I wish people would start noticing them even more as well! hahah.
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Justia › US Law › Case Law › Federal Courts › Courts of Appeals › Fifth Circuit › 1983 › Ben Smith, Plaintiff-appellant, v. Kerrville Bus Company, Inc., Defendant-appellee
Ben Smith, Plaintiff-appellant, v. Kerrville Bus Company, Inc., Defendant-appellee, 709 F.2d 914 (5th Cir. 1983)
US Court of Appeals for the Fifth Circuit - 709 F.2d 914 (5th Cir. 1983)
July 18, 1983. Rehearing and Rehearing En Banc Denied Sept. 7, 1983
Les Mendelsohn, Barry H. Beer, San Antonio, Tex., for plaintiff-appellant.
Shelton Padgett, J. Joe Harris, San Antonio, Tex., for defendant-appellee.
Appeal from the United States District Court for the Western District of Texas.
Before CLARK, Chief Judge, THORNBERRY and POLITZ, Circuit Judges.
POLITZ, Circuit Judge:
Benjamin H. Smith filed suit in state court under Sec. 301 of the Labor Management Relations Act of 1947 (LMRA), 29 U.S.C. § 185, alleging that his employment was wrongfully terminated by Kerrville Bus Company (Kerrville). Kerrville removed the action, then sought and secured summary judgment rejecting Smith's claims. On the record before us, being unpersuaded of the absence of any dispute as to a material fact and of Kerrville's entitlement to judgment as a matter of law, we reverse and remand.
Smith drove a bus for Kerrville for 26 years before his termination on July 2, 1979, for "mishandling company property," specifically, failing to report cash fares. After his dismissal Smith sought assistance from the Drivers' Committee, the bus drivers' collective bargaining representative. Although several Committee members interceded on Smith's behalf, Kerrville refused to reinstate him. This action ensued.
At the time of Smith's discharge, a rather exiguous collective bargaining agreement existed between Kerrville and the Drivers' Committee. Under its terms, the employees were assured of certain routes, or "runs," assigned pursuant to seniority bids, specific rates of regular and holiday pay calculated according to seniority, bonuses and allowances for meals and other expenses, and sick leave. With the exception of new employees who failed to complete a 90-day probationary period, all employees earned vacation benefits, again computed according to time in grade.
Aside from a provision for biannual meetings of the Drivers' Committee for the purpose of disposing "of accident and bonus questions, and any other grievances," the collective bargaining agreement was silent with respect to formal grievance or arbitration mechanisms. It was likewise silent as to grounds for employee discharge.
There was no express reference in the bargaining agreement to the Drivers Rule Book, a manual of safety and disciplinary rules promulgated by the employer and distributed to all employees. The Rule Book expressly states: "A Driver may be disciplined or discharged for violation or infraction of Company rules ...", and reiterates throughout that violation of a specific rule "will be grounds for disciplinary action up to and including discharge." The Rule Book also declares that: "Acts of dishonesty are cause for dismissal."
Legal Analysis
Kerrville takes the position that since the collective bargaining agreement contains no express provision relating to discharge, under Texas law it may fire Smith at will. Apparently accepting the validity of this rationale, the district court granted Kerrville's motion for summary judgment.1 On appeal, Smith argues that the existence of a just cause restriction on the employer's absolute power to discharge may be implied from the agreement's abbreviated grievance procedure, either alone or in conjunction with the specific grounds for dismissal or discipline set forth in the Drivers Rule Book.
Absent a limiting provision in the employment contract or collective bargaining agreement, an employer may dismiss employees at will. Andrews v. Louisville & Nashville R.R. Co., 406 U.S. 320, 92 S. Ct. 1562, 32 L. Ed. 2d 95 (1972); United States Steel Workers of America v. Warrior & Gulf Navigation Co., 363 U.S. 574, 80 S. Ct. 1347, 4 L. Ed. 2d 1409 (1960). Here, the labor contract is silent; it neither reserves to management plenary rights to discharge with or without cause, nor does it stipulate that discharge may be effected only for "good" or "just" cause. Thus the threshold issue in this case is whether the terms and essential logic of the collective bargaining agreement, construed in light of the history of the parties' relationship, warrant the imposition of a just cause restriction on Kerrville's termination authority.
The inquiry whether a just cause limitation on dismissals may be implied from the language of a collective bargaining agreement presents a question of law for the court, see Lowe v. Pate Stevedoring Co., 558 F.2d 769 (5th Cir. 1977), while the existence of just cause itself raises a factual issue. Nunez v. Superior Oil Co., 572 F.2d 1119 (5th Cir. 1978) (citing Lowe v. Pate Stevedoring Co.). See also Scott v. Anchor Motor Freight, Inc., 496 F.2d 276 (6th Cir.), cert. denied, 419 U.S. 868, 95 S. Ct. 126, 42 L. Ed. 2d 107 (1974). But see Scott v. Riley Co., 645 F.2d 565 (7th Cir. 1981); Whitten v. Anchor Motor Freight, Inc., 521 F.2d 1335 (6th Cir. 1975), cert. denied, 425 U.S. 981, 96 S. Ct. 2188, 48 L. Ed. 2d 807 (1976) (where contract stipulated that particular offense was just cause for termination, no jury issue as to propriety of dismissal for commission of this offense).
Our review of the district court's grant of summary judgment is guided by Fed. R. Civ. P. 56. Rule 56(c) authorizes summary judgment only where "there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law." In gauging the propriety of a grant of summary judgment, we invoke the same legal standards as those which bind the district court. Nicholas Acoustics & Specialty Co. v. H & M Construction Company, Inc., 695 F.2d 839 (5th Cir. 1983); Impossible Elec. Tech. v. Wackenhut Prot. Systems, 669 F.2d 1026 (5th Cir. 1982). We must view the evidence in the light most favorable to the opposing party, resolving all reasonable doubts concerning the facts in his favor. Breen v. Centrex Corp., 695 F.2d 907 (5th Cir. 1983). We may not weigh the probative value of the evidence adduced, or decide any factual issues we might discern in the record, but are instead limited to a determination of whether a genuine issue of material fact remains for disposition " 'so as to insure that factual issues will not be [decided] without the benefit of the truth seeking procedures of a trial.' " Id. at 910 (quoting from Southern Distributing Co. v. Southdown, Inc., 574 F.2d 824, 826 (5th Cir. 1978)). That it appears likely that the movant will prevail at trial, or that its facts are ostensibly more plausible, is no reason to grant summary judgment. Jones v. Western Geophysical Co. of America, 669 F.2d 280 (5th Cir. 1982). Nor need the nonmovant "respond to the summary judgment motion unless and until the movant has properly carried its burden." Anthony v. Petroleum Helicopters, Inc., 693 F.2d 495, 497 (5th Cir. 1982).
B. Implication of a "Just Cause" Bar to Discharge
We are mindful, as we begin our analysis of the issue presented by the case at bar,that judicial interpretation of silence in a document ... is always a tricky and controversial undertaking.... This is especially true with labor contracts, since their formation is typically characterized by intense bargaining and the final contract usually represents hard-fought negotiations and compromises. Quite often, employers and unions exchange numerous quid pro quos, giving clauses and rights in direct exchange.
N.L.R.B. v. South Central Bell Telephone Co., 688 F.2d 345, 352-53 (5th Cir. 1982). Labor contracts in general state affirmatively the conditions on which the parties agree. Id. at 353 (citing Torrington Co. v. Metal Prods. Workers Local 1645, 362 F.2d 677 (7th Cir. 1966)); Rainbow Glass Co. v. Local Union No. 610, 663 F.2d 814 (8th Cir. 1981). Contractual silence, by the same token, is not dispositive of the intent of the parties. N.L.R.B. v. South Central Bell Telephone Co.; Amcar Division, ACF Indus., Inc. v. N.L.R.B., 592 F.2d 422 (8th Cir. 1979). As the Supreme Court has recognized, a collective bargaining agreement may not anticipate every situation that may arise between employer and employee. United Steel Workers of America v. Warrior & Gulf Navigation Co.; see Cronin v. Sears, Roebuck & Co., 588 F.2d 616 (8th Cir. 1978). A collective bargaining agreement, in the Court's estimation:
is more than a contract; it is a generalized code to govern a myriad of cases which the draftsman cannot wholly anticipate.... The collective agreement covers the whole employment relationship. It calls into being a new common law--the common law of a particular industry or of a particular plant.... one observer has put it:
"... [I]t is not unqualifiedly true that a collective-bargaining agreement is simply a document by which the union and employees have imposed upon management limited, express restrictions of its otherwise absolute right to manage the enterprise, so that an employee's claim must fail unless he can point to a specific contract provision upon which the claim is founded. There are too many people, too many problems, too many unforeseeable contingencies to make the words of the contract the exclusive source of rights and duties. One cannot reduce all the rules governing a community like an industrial plant to fifteen or even fifty pages. Within the sphere of collective bargaining, the institutional characteristics and the governmental nature of the collective-bargaining process demand a common law of the shop which implements and furnishes the context of the agreement. We must assume that intelligent negotiators acknowledged so plain a need unless they stated a contrary rule in plain words."
United Steelworkers of America v. Warrior's Gulf Navigation Co., 363 U.S. at 578-80, 80 S. Ct. at 1350-52 (quoting from Cox, Reflections Upon Labor Arbitration, 72 Harv. L. Rev. 1482, 1498-99 (1959)).
Because a collective bargaining agreement is designed to regulate virtually all facets of the employer-employee relationship, and is subject to federal labor law, the construction and application of its terms cannot be narrowly confined by ordinary principles of contract law. See Transportation-Communication Employees Union v. Union Pacific Railroad, 385 U.S. 157, 87 S. Ct. 369, 17 L. Ed. 2d 264 (1966); N.L.R.B. v. L.B. Priester, 669 F.2d 355 (5th Cir. 1982). Thus the provisions of a labor contract may be more readily expanded by implication than those of contracts memorializing other transactions. Local 205, United Electrical, Radio and Machine Workers of America v. General Electric Co., 172 F. Supp. 53 (D. Mass. 1959). See generally R. Gorman, Basic Text on Labor Law 540-41 (1976 ed.).
In instances where the language of a collective contract does not explicitly prohibit dismissal except for just cause, arbitrators typically infer such prohibitions from seniority clauses or grievance and arbitration procedures. Summers, Individual Protection Against Unjust Dismissal: Time For A Statute, 62 Va. L. Rev. 481, 499-500 (1976). See Shearson Hayden Stone, Inc. v. Liang, 653 F.2d 310 (7th Cir. 1981); Note, Protecting At-Will Employees Against Wrongful Discharge, the Duty to Terminate Only in Good Faith, 93 Harv. L. Rev. 1816, 1816 (1980); Note, Individual Rights for Organized and Unorganized Employees Under the National Labor Relations Act, 58 Tex. L. Rev. 991, 994 (1980). Inherent in the body of arbitral common law which has evolved in this context is a marked awareness of the harshness of discharge, and an adherence to the principle that seniority, grievance, arbitration, and other provisions that reflect the contracting parties' tacit acceptance of the employees' right to some measure of job security, pretermit discharge without good cause. See RLC & Son Trucking, Inc., 70 LA 600 (1978); Peerless Laundry Co., 51 LA 333 (1968); Keeney Mfg. Co., 40 LA 976 (1963); Pacific Telephone & Telegraph Co., 36 LA 503 (1960). See also M. Trotta, Arbitration of Labor-Management Disputes 230-42 (1974); Summers.2 One arbiter summarizes this development as follows: "The weight of arbitral opinion is that a standard of just cause may be imposed upon disciplinary actions even though such a standard is not spelled out in the agreement." Pacific Telephone & Telegraph Co., 36 LA at 505.
Several courts, in reviewing an arbitral finding of a "just cause" impediment to discharge, have determined that the arbitrator properly circumscribed the employer's power to fire by implying an objective limitation from the terms of the labor contract, as amplified by evidence of the parties' intentions. See e.g., Shearson Hayden Stone, Inc. v. Liang (arbitrator empowered to determine that agreement to arbitrate disputes concerning employee discharges implies just cause requirement); United Food & Commercial Workers International, AFL-CIO, Local Union No. 634 v. Gold Sausage Co., 487 F. Supp. 596 (D. Colo. 1980) (upholding arbitrator's implication, by reference to seniority clause governing layoffs, rehiring, transfers and promotions, and the proscription of discharge for refusing to cross or work behind picket lines, of contractual removal of employer's unilateral right to terminate without cause. The court relied in part on the Supreme Court's disapprobation of the exclusion from arbitration of any grievance, including those stemming from discharge); Local 205, United Electrical, Radio and Machine Workers of America v. General Electric Co. (after evaluating labor contract's machinery for the adjustment of grievances relating to "dismissal for cause other than layoffs for lack of work" against historical background which injected meaning in this phrase, the court declined to disturb the arbitral finding that the contract permitted dismissal only for reasonable or objective cause). See also Monaghan v. Central Vermont Ry., Inc., 404 F. Supp. 683 (D. Mass. 1975) (enforcement of National Railroad Adjustment Board's reinstatement order, holding that Board's implication of "just cause" stricture from contractual grievance process did not modify or amend the labor contract). Similarly, the courts examine the contractual language and the parties' understanding thereof, as manifested by their conduct and the common law of the plant or shop, in deciding whether a just cause restriction on management's dismissal power is embedded in the terms of the collective bargaining agreement. See, e.g., Lowe v. Pate Stevedoring Co.; Boone v. Armstrong Cork Co., 384 F.2d 285 (5th Cir. 1967); Young v. Southwestern Bell Telephone Co., 309 F. Supp. 475, 479 (E.D. Ark. 1969), aff'd, 424 F.2d 256 (8th Cir. 1970).
In Lowe, we upheld the district court's finding of an implied just cause provision, stating that this " 'limitation upon the employer's right to discharge its employees should be inferred as a part of the basic fabric of the collective bargaining agreement.' " 558 F.2d at 771 n. 3 (quoting from district court's unpublished opinion). Notwithstanding the inclusion of an arbitration clause in the agreement, both the trial and appellate courts relied solely on a union hiring hall arrangement in circumscribing management's right to discharge.
Detailed provisions in labor contracts for the processing of grievances arising from employee terminations may, in some circumstances, justify the implication of a just cause requirement. Boone v. Armstrong Cork Co. Without deciding the issue, we opined in Boone that a grievance procedure, coupled with clauses providing for seniority rights and permissive dismissals of probationary employees, might be read to proscribe:
the termination of an employee who had established seniority without "just cause," "reasons therefor," or designation of certain conduct "warranting discipline," and that the company may be required, through the grievance procedure, to justify such terminations.
384 F.2d at 291 n. 8.
In an opinion adopted in its entirety by our colleagues of the Eighth Circuit, the trial court refused to imply a just cause requirement where the collective bargaining agreement dealt expressly with the effect of tenure on employee terminations. Young v. Southwestern Bell Telephone Co. Employees with more than three years' service were accorded the right of pre-dismissal arbitration at the final level of the contract's grievance machinery, whereas those employed less than three years could pursue only the first two levels prior to discharge. That the older employees alone could compel arbitration prompted the court to conclude that the employer retained the ultimate authority to discharge individuals with less than three years' service after granting them access to the initial levels of the grievance process. For purposes of discussion, however, the court assumed that:
if ... an employer and a labor union enter into a collective bargaining agreement giving large consideration to seniority and length of service but which is silent as to the employer's right to hire and fire, there may properly be read into the contract an implied covenant not to discharge an employee except for cause.
309 F. Supp. at 478.
Focusing on the collective bargaining agreement presently before us, we note first that the allocation of work assignments, pay, vacation, and sick leave are controlled by length of service. Probationary employees could not collect accrued vacation pay upon dismissal or resignation; those with more than 90 days' service could do so. Finally, the Drivers' Committee was required to convene every six months to handle accident and bonus questions or "any other grievances," presumably including those relating to discharge.3 When viewed in the aggregate, these rudimentary guarantees furnish some, albeit minimal, degree of security for Kerrville's employees. To hold as a matter of law that management could, at its sole discretion, terminate an employee without cause would in effect allow it the unqualified power to avoid contractually mandated rights and benefits. Mindful that we are bound to exercise a reasoned flexibility in construing the terms of a labor contract, see Capitol-Husting Co., Inc. v. N.L.R.B., 671 F.2d 237 (7th Cir. 1982); N.L.R.B. v. Electra-Food Machinery, Inc., 621 F.2d 956 (9th Cir. 1980), we are loath to conclude, as a matter of law and undisputed fact, that no just cause limitation inheres in the Kerrville collective bargaining agreement.
Because another relevant document refers specifically to discipline and discharge, we need not decide whether the language of the labor contract alone militates against a legal conclusion that management surrendered its traditional prerogative to fire at will. By proscribing various forms of conduct in the Drivers Rule Book, Kerrville imparted fair notice to its employees that infraction of any rule delineated therein would constitute sufficient cause for discharge or discipline. Given the parties' understanding that certain conduct would furnish cause for termination, it is reasonable to infer that any discharge would be for cause. Before the Drivers Rule Book may be considered as a source for implying a just cause restriction, however, we must determine whether it may be deemed a part of the employment agreement between Smith and Kerrville.
It is well-established that Sec. 301 must be broadly construed to encompass any agreement, written or unwritten, formal or informal, which functions to preserve harmonious relations between labor and management. See Retail Clerks Int'l Ass'n v. Lyons Dry Goods, Inc., 369 U.S. 17, 82 S. Ct. 541, 7 L. Ed. 2d 503 (1961); District 2 Marine Engineers v. Grand Bassa Tankers, Inc., 663 F.2d 392 (2d Cir. 1981); Deaton Truck Line, Inc. v. Local Union 612, 314 F.2d 418 (5th Cir. 1962). That the summary of management's disciplinary and safety policies which comprises the Drivers Rule Book was not the object of a bilateral agreement between Kerrville and the Drivers Committee does not preclude its integration into the total labor contract. Where a written policy with respect to internal promotions was enforced by the employer and accepted by the union, we held that the policy was a vital component of the collective bargaining agreement. Sanderson v. Ford Motor Co., 483 F.2d 102 (5th Cir. 1973). In so holding, we looked to the industrial common law which governed the work place, observing that both labor and management regarded the policy as binding.
Although a mutual recognition of the Drivers Rule Book is not implicit in the terms of the collective bargaining agreement, compare Sanderson v. Ford Motor Co., 483 F.2d at 112, there was evidence that the manual was significant to the maintenance of labor peace between Kerrville and its employees. Deposition testimony of Kerrville's president and vice-president of operations demonstrates that the drivers' compliance with company rules embodied in the manual was the quid pro quo for receipt of benefits secured by the bargaining agreement. Accordingly, we perceive an unresolved material issue of fact--the intent of the parties relative to incorporation of the Drivers Rule Book in their collective bargaining agreement. Since the record before us is not susceptible of summary disposition of this issue, we are not in a position to conclude as a matter of law that the bargaining agreement does not support the imposition of a just cause bar to at-will terminations. Summary judgment having been improvidently granted, we must reverse and remand for further proceedings.4
REVERSED and REMANDED for further proceedings consistent herewith.
CLARK, Chief Judge, dissenting:
No matter how favorably to Smith all the evidence in this record is viewed, it does not show me any just cause limitation on Kerrville's right to discharge Smith. This means the trial court correctly entered summary judgment. I respectfully dissent.
I agree with the majority that whether the Drivers Rule Book is incorporated into the collective bargaining agreement is an unresolved issue of fact. I also agree that, given the present procedural posture of this case, it must be assumed that it is. Having done so, the majority posits three grounds to justify its conclusion that a just cause limitation might be inferred from this agreement. First, the agreement grants seniority rights with respect to such matters as pay, vacation, and sick leave. For example, employees who have worked less than 90 days are differentiated from those employees who have worked more in determining whether the employee may collect accrued vacation pay. Second, the agreement provides: "The [Drivers] Committee will continue to meet every six (6) months to dispose of accident and bonus questions, and any other grievances." Third, the Drivers Rule Book, which we assume is incorporated into the agreement, proscribes specified forms of conduct.
None of the three premises makes the case. First, I see no logical connection between an employer's willingness to give senior employees greater economic benefits and his willingness to restrict his right to discharge at will employees. Certainly an employer may grant economic rewards without granting greater job security. It does not follow that, when an employer grants one benefit, he necessarily concedes another. For example, every employer has the right to discharge a dishonest employee whether that employee makes $5.00 an hour or $20.00 an hour. In my view, the majority relies on a non sequitur when it infers that the grant of seniority rights creates a right to discharge only for cause.
This court has never held that longevity of employment creates a just cause limitation. The contract clause involved in Boone v. Armstrong Cork Co., 384 F.2d 285 (5th Cir. 1967), stated that "an employee who has not established seniority (by accumulating sixty days of continuous service) 'may be dismissed * * * without regard to length of service or reasons therefor ....' " (emphasis supplied in Boone) By negative implication, it was conceivable that a senior employee could not be dismissed without regard to the reasons therefor. But that critical language is missing in this case. Nowhere in all the documents that might possibly be considered part of the agreement did Kerrville obligate itself to give reasons for any employee's discharge. I do not see how Boone is on point.
The second basis identified in the majority opinion is the contract language providing for semiannual meetings of the Drivers Committee. It is appropriate to give this provision the most favorable reasonable interpretation possible. Having done so, I am still unable to agree that the provision in any way suggests the existence of a just cause limitation.
The majority cites several cases which involved situations where the parties created a mutual grievance procedure. E.g. Boone; Monaghan. All these cases involved a grievance procedure in which management as well as labor participated. Arguably, a mutual grievance procedure, like arbitration, is meaningless unless there are some instances in which an employee may not be discharged. If the employer's discretion to discharge is unlimited, the effect and purpose of arbitration or conciliation are nullified. But that situation does not exist here. In the case at bar, the contract merely provides that labor representatives will hold a meeting among themselves twice a year. There is no obligation for those representatives to forward employee grievances to management, or for management to pay any attention if they attempt to do so. The Drivers Committee has at best done nothing more than set out an internal operating procedure of its own. Kerrville has not compromised its freedom to discharge in any way.
Finally, in referring to the rules set out in the Drivers Rule Book, the majority states: "Given the parties' understanding that certain conduct would furnish cause for termination, it is reasonable to infer that any discharge would be for cause." In other words, any time an employer enumerates some specific grounds for discipline, he may be held to have impliedly limited his right to discharge to cases where there is just cause. I cannot agree. Listing some reasons for discipline does not mean there must be some reason for discharge. According to the majority, Kerrville would have been better off had it not set out some bases for discipline. The employer should not be penalized for voluntarily warning its employees that delineated types of prohibited conduct will result in discipline.
None of the three grounds relied on by the majority singly or in combination evidence to me an intent to create a just cause limitation. Nor can I find any other evidence to indicate that the parties intended a just cause limitation. Certainly, there was no express limitation. "Dismissal for cause" was never even referred to. There was no provision for arbitration. There was no mutual grievance procedure. Kerrville did not limit discharges to those based on specified causes.1 There was no provision for tenure, or anything remotely resembling tenure. There was no union hiring hall arrangement.2 In sum, there was simply no proof of a mutual intention on the part of the Drivers Committee and Kerrville to limit the right Kerrville otherwise had to discharge an employee for any reason or no reason at all.
The majority does not expressly hold that a just cause limitation is implicit in every collective bargaining agreement. However, this is the import of its decision. I would not presume a just cause limitation here. The employer ought not be required to bargain for a negating proviso such as "The employer reserves the right to discharge any employee for any reason or no reason at all."
A court should not rewrite the parties' contract. Rather, it should look to the objectively manifested intent of the parties without bias in favor of either party. Because I believe the majority has failed to do this, I respectfully dissent.
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
The Petition for Rehearing is DENIED and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc, (Federal Rules of Appellate Procedure and Local Rule 35) the Suggestion for Rehearing En Banc is DENIED.
For the reasons assigned in his dissent, Chief Judge Clark would grant panel rehearing.
In granting summary judgment, the district court did not provide any written or oral findings of fact or conclusions of law. From the court's colloquy with counsel at hearing, and its request for the lower court's ruling in Lowe v. Pate Stevedoring Co., 558 F.2d 769 (5th Cir. 1977), we can nonetheless infer that the court determined as a matter of law that the omission of formal grievance and arbitration clauses precluded its implication of a covenant on the part of Kerrville not to terminate employees without cause
Courts are not bound by arbitral rulings, nor are the arbitrators themselves obliged to follow the rule of stare decisis, Lowe v. Pate Stevedoring Co. Though we attach no substantive weight to these rulings in arriving at a decision on the merits, we believe that they serve as reliable indicators of the state of the common law of industrial relations in the area of wrongful discharge
According to the Drivers Rule Book, failure to comply with the rule prescribing appropriate conduct in case of an accident is a ground for discharge, as is the infraction of any of the various safety or disciplinary rules
In light of our treatment of the question of implication, we do not reach the issue of whether Smith's conduct justified his discharge. Should a just cause provision ultimately be found to reside in the collective bargaining agreement, however, we must caution against a determination that such conduct provides just cause as a matter of law. In Boone, we suggested that an implied just cause restriction "might be a requirement of 'objectively justifiable cause,' defined as what a reasonable person would find sufficient." Boone v. Armstrong Cork Co., 384 F.2d at 285 n. 9 (quoting from Local 205, United Electrical, Radio and Machine Workers of America v. General Electric Co., 172 F. Supp. at 56, 58)). Then district judge Aldridge explained, "The phrase (good cause) creates an objective rather than a personal subjective test." Local 205, v. General Electric Co., 172 F. Supp. at 56. See Scott v. Riley Co. The question of what a reasonable person might consider just cause should be entrusted to the jury. Nunez v. Superior Oil Co., 572 F.2d 1119 (5th Cir. 1978). We commented in Lowe that a broad variety of wrongful acts generally regarded as affording objective bases for termination defy classification as just cause per se, and concluded that it is for the trier of fact to weigh evidence of an employee's misconduct against proof of any mitigating circumstances which might tend to negate a finding of "just cause" within the ambit of the collective bargaining agreement
The first paragraph in the Drivers Rule Book reads:
POLICY; It is the policy of the Company to have only reasonable and necessary rules. The duties and responsibilities of the Driver are prescribed by the rules contained in this Rule Book, and by such additional rules, orders, instructions, bulletins and directives as may be issued by Management
(emphasis supplied).
In Lowe v. Pate Stevedoring Co., 558 F.2d 769 (5th Cir. 1977), cited by the majority, this court affirmed the district court's finding that a just cause limitation could be "inferred as a part of the basic fabric of the collective bargaining agreement." Id. at 771 n. 3. We so held only because the agreement created a hiring hall arrangement whereby workers were routinely hired on a day-to-day basis as needed. Thus, there was never any occasion for an employer to "discharge" in the usual sense. Id

redpajama_set_name: RedPajamaCommonCrawl


text:
package com.google.protobuf;

import static com.google.common.truth.Truth.assertThat;

import protobuf_unittest.UnittestProto.TestPackedTypes;
import proto3_unittest.UnittestProto3;
import protobuf_unittest.TestCachedFieldSizeMessage;
import org.junit.Test;
import org.junit.runner.RunWith;
import org.junit.runners.JUnit4;

@RunWith(JUnit4.class)
public final class CachedFieldSizeTest {
  // Regression test for b/74087933
  @Test
  public void testCachedFieldSize() throws Exception {
    TestCachedFieldSizeMessage.Builder builder = TestCachedFieldSizeMessage.newBuilder();
    builder.setProto2Child(TestUtil.getPackedSet());
    builder.setProto3Child(
        UnittestProto3.TestPackedTypes.parseFrom(TestUtil.getPackedSet().toByteArray()));
    TestCachedFieldSizeMessage message = builder.build();

    // Serialize once to cache all field sizes. This will use the experimental runtime because
    // the proto has optimize_for = CODE_SIZE.
    byte[] unused = message.toByteArray();
    // Serialize individual submessages. This will use the generated implementation. If the
    // experimental runtime hasn't set the correct cached size, this will throw an exception.
    byte[] data2 = message.getProto2Child().toByteArray();
    byte[] data3 = message.getProto3Child().toByteArray();

    // Make sure the serialized data is correct.
    assertThat(TestPackedTypes.parseFrom(data2)).isEqualTo(message.getProto2Child());
    assertThat(UnittestProto3.TestPackedTypes.parseFrom(data3)).isEqualTo(message.getProto3Child());
  }
}

redpajama_set_name: RedPajamaGithub


This 3rd Workshop on The new boundaries of structural concrete, organized by Università degli Studi di Bergamo and ACI Italy Chapter, continues the tradition of its previous successful editions.The workshop is one of the key events organized by ACI Italy chapter: the proceedings once again demonstrate the key role ACI plays in promoting the dissemination in concrete research and technology.
As in the previous editions, topics of the workshop are related to structural concrete and its recent advances: the main topics are performance and life-cycle costs of new concrete structures, controlled-performance concrete, new scenarios for concrete; concrete quality control on site. In total, the proceedings, encompassing all of the above topics, collect 27 papers from both Italian and international research teams.
The contributions are all in the fore-front of concrete technology and advances, proving that concrete and concrete technology are as lively a research topics as ever. Regardless of the reduction in the cement use and production which is nowadays observed, the interest in concrete technology proves to be extremely high, and the research is focused on finding always higher performances. The use of recycled aggregates is among the topics which finds interest for life cycle cost optimization of concrete. A significant amount of papers are devoted to characterize high performance concrete, fiber reinforced mixtures, use of nano-particles in cement matrix and to find new applications and testing methods.
The Workshop proceedings have been collected in a volume.


Three Trinamul workers have been shot dead since Sunday in Murshidabad's Behrampore and South 24-Parganas in murders blamed on faction feuds.
Nazimul Sheikh, 40, a local committee president of the ruling party's youth wing, was killed around 10.30am on Monday at Niyallishpara in Behrampore.
"Nazimul was going home to Musuridanga from Khagra in Behrampore town on his bike. Eyewitnesses told us that four men wearing helmets waylaid Nazumul and one of them pumped three bullets into his chest from point-blank range. The assassins sped away soon after the attack," said an officer of Behrampore police station.
Preliminary investigations indicate Nazimul used to live in a rented house at Khagra with second wife Nasrin Bibi. His first wife Golchehara Bibi, an elected Trinamul member of a local gram panchayat, lives alone at Musuridanga where Nazimul was heading on Monday morning at the time of the incident, the police said.
According to Golchehara, Nazimul used to be a loyalist of Rajib Hossain, a functionary of the Murshidabad zilla parishad. "There was a rift between the two a month ago, after which Nazimul joined Rajib's brother Soumik Hossain's group. Everyone can understand why my husband was killed," Golchehara said.
Rajib denied any differences with Nazimul. "He had a rivalry with his first wife's brothers on land issues. But I am clueless about the motive behind the murder. He was not my competitor. Why should I kill him?" Rajib asked.
Murshidabad superintendent of police Mukesh Kumar said a murder case had been started. No arrests had been made in the case till Monday evening.
In South 24-Parganas, Kartik Naskar, 26, was shot dead in Canning's Daria around 9pm on Sunday and later stabbed to ensure he was dead, said a police officer.
Kartik's wife Sabnam Naskar is the chief of the Trinamul-run Daria gram panchayat.
Residents put up a roadblock for several hours with Kartik's body on Sunday night. The blockade was lifted after the police assured the demonstrators that the culprits would be arrested.
In Kultali's Jawalaberia, also in South 24-Parganas, Trinamul youth wing leader Suraj Ali Mondal was gunned down by five bike-borne men who shot him from close range on Sunday night. Suraj was rushed by residents to a health centre in the vicinity where he was declared dead on arrival.
Trinamul leaders accused the BJP of having "masterminded" the murders. But Bengal BJP president Dilip Ghosh rejected the charges and alleged that such crimes had spiralled in Bengal because "anti-socials" had joined Trinamul.
"Everyday, there are political murders. All anti-socials have joined the ruling party and Trinamul leaders are becoming victims. There is no point blaming the BJP. The most worrying part is that even the common man is becoming a victim of Trinamul infighting, like in the case of the attempt to kill Joynagar MLA (Biswanath Das). The BJP wants to stop political murders in Bengal," Ghosh said. Das was targeted in December last year.


While Brexit's long-term merits or disadvantages for UK businesses are yet to be determined, UK suppliers are bracing themselves for the prospect of considerable short-term disruption.
Significant fastener suppliers have gone on the record to confirm they have increased stocks as a contingency for Brexit difficulties, including Hexstone, which is also obtaining a HMRC Authorised Economic Operator to grant it 'fast track' clearance at ports. Meanwhile, hardware supplier DGS Group and fastener specialist Rapierstar have combined distribution forces to provide deep stocks for customers. The BIAFD has warned that fastener distributors alone cannot ensure there will be no disruption in the fastener supply chain.


text:
Q: How can probability and expected value be same in the limit? I have seen similar arguments at other places but couldn't convince myself so far about it. I am reading some literature related to graph theory but let me post the analogous problem which avoids the graph theory terminology:

There are $M$ boxes and $m$ balls which we want to randomly uniformly
  distribute among those boxes.

Now author essentially says that the expected number of balls in each box $i$ is $p_{i} = \frac{m}{M}$. However, then he says that if $m << M$, this can also be considered as the probability of filling that box with one of the $m$ balls.
I don't understand this. I tried deriving expression for the expected value but that itself involves the probability that a ball goes into the box. Can somebody please clarify this? Thanks

A: The expected value of a random variable $X$ whose values are natural numbers is
$$ 0\cdot P(X=0) + 1\cdot P(X=1) + 2\cdot P(X=2) + 3\cdot P(X=3)  + \cdots $$
In your case, if $m\ll M$, then the probability that there's more than one ball in the box will be vanishingly small, so the terms with $P(X=2)$ and so forth can be ignored. So what is left is
$$ 0\cdot P(X=0) + 1\cdot P(X=1)$$
which is of course just $P(X=1)$.

redpajama_set_name: RedPajamaStackExchange


There's no longer any time to procrastinate... I have to break it to you, there aren't many sleeps left until Christmas! If you're yet to finish (or even start) your shopping, then I've chosen this gorgeous selection of gifts to help because they're indulgent and ideal for that someone you know who deserves some relaxing 'me' time. I don't know about you, but I want to jump straight into bed under the silky Windsor bedspread and watch a festive film.


Now that you know what dentures are made of and how they work (read Part I), let's take a look at some common questions about dentures, and how you and your dentist will fit them to your mouth as well as some tips in getting used to them.
How long does it take to get dentures in place?
After your teeth are removed, your gums will need to heal before dentures are fitted. Your dentist may recommend "immediate dentures" which are placed generally the same day as any extractions are completed. Regular dentures will be fitted after gums heal. Depending on your health and healing time, it may take six months to a year for your gums to heal enough to fit dentures. Because gums shrink over time, your dentist may recommend waiting till your gums have stabilized. "Immediate dentures" often have to be refitted once the gums are healed and no longer are changing in size.
Is there a difference in dentures for men and women?
What's the difference between the materials used in the tooth portion of dentures?
The tooth portion of dentures can be made either of porcelain or of acrylic. "Acrylic teeth are lighter and absorb the shock of chewing more easily," says Dr. Ford. "Porcelain, is harder and lasts longer, but can create wear on the gums and any remaining teeth," she adds.
Will I look better with dentures?
Dentures actually help your appearance. Because they support your lips, cheeks, and mouth your facial muscles stay well-shaped and give you a more youthful appearance. They are one of several choices you have to keep your bright smile ready to go.
Your dentist may recommend that you wear your dentures all day and for the first few nights after you receive your new set. This allows you to get used to the fit and feel quickly. Once you are used to the new teeth, you will generally take your dentures out at night, and store them in a container of water to keep them from warping.
If you choose dentures to replace missing teeth, you will need a bit of patience to learn how to care for your mouth and the dentures to make the most of eating, smiling and speaking.


This course will introduce the student to representative Great Books of the Western World from Antiquity to the Middle Ages. Selections may include the Bible and works by authors such as Homer, Aeschylus, Sophocles, Plato, Aristotle, Vergil, Ovid, Augustine, and Dante. The writing content includes a variety of writing exercises that incorporate traditional compositional and rhetorical skills.


Is there a way to control the resolution of the 3D IPW thats created with "Parallel Create 3D"?
I'm working with a large part ø1200 x 200 and when I use "Parallel Create 3D" I get an polygon.
If I want an accurate 3D IPW I have so use "Verify Tool Path" and save that IPW.
That action will use the IPW setting from "Medium".
You can change that in the customer defaults or in the CAM Preferences.
I dit some testing but the result was not what I was expecting.
When I use Parallel Creat 3D this looks nothing like the 3D IPW thats created with Verify toolpath on medium settings.
thanks for addressing this by some snapshots. I really like to give you some hints, but based on this information only it is hard to tell why these differences appear. Could you either describe in more detail what you are doing or - as it looks like a simple part - provide the description and part through GTAC, so that we can have a closer look to it?
I made this part just to show the difference between the 2 functions.
The part that I'm working on is a bit more complex but I cant share it on an open forum.
We have Siemens NX from a local reseller so we don't have direct support from GTAC?
I can try to explane more what I'm doing but its really simple.
and save that IPW then I get a good 3D IPW (left picture).
I like to generate the 3D IPW in the background so I can still work on the part. This is the intention of the function I think?
Your assumption for what "Parallel Generate" should be used is correct.
I have another idea what could be the root cause, but need more time to check on my end.
And below you can find my settings for the tollerance.
Ok thanks, I assume the result should be the same if these values are the same.
Verify is using the chordal tolerance.
But how do I get these 2 methods to produce an 3D IPW with roughly the same resolution?
MAybe I was not precise.
If the intol and chordal tolerance are the same - as well as medium needed setting is used in both cases - also the created IPW should have the same resolution.


text:
Meet The T20 Specialists Who Are Warming Benches At The Indian Premier League 2016
Somak AdhikariUpdated on Apr 17, 2016, 13:06 IST
As the 9th edition of the Indian Premier League moves along there have been some shocking calls taken by teams as far as combinations are concerned.
Based on IPL performances and recent form, here is a look at 5 such individuals who have missed out on being in the playing eleven till now. When one considers how well they have performed in recent times, it is a surprise that they are not playing:
1. Corey Anderson
The New Zealand all-rounder surprisingly is yet to play a match this season. His performances with both bat and ball in the World T20 were consistent. Last season he missed most of the tournament due to injury. This time round Kieron Pollard had been given preference over him. He was bought for Rs. 4.5 crore in 2014, the second costliest player that season.
2. Gurkeerat Mann Singh
While the all-rounder has made a good impression Down Under and has a good domestic T20 record. Kings XI Punjab may consider him soon after having lost both their games so far. They had bought him for Rs. 1.3 crore in 2014.
3. Sreenath Aravind
In his first IPL (2011), this young man grabbed 21 wickets in 9 games. This season however, he is yet to get off the bench.
4. Imran Tahir
He was the only bright spot for South Africa in the World T20. Last season he had 15 scalps in 10 games for Delhi Daredevils. His exclusion comes as a surprise as on turning tracks he could form a lethal combination with Amit Mishra. He had come up as a replacement after Nathan Coulter-Nile was injured in 2014.
5. Kane Williamson
He is one of the best batsmen in the business right now and it is unexpected to see him warming the bench. Sunrisers Hyderabad are yet to use his services but given his recent form in all formats, it might just be a matter of time.


Alex Turner and co's six-track performance on the US show is available to watch here.
Arctic Monkeys' Austin City Limits episode has been made available to watch in full.
Last year, Alex Turner and the Four out of Five rockers performed six tracks for the special show, which also included performances from the likes of Wild Child and Willie Nelson & Family.
The Sheffield band's performance aired on PBS on Saturday (19 January) nand included tracks from their Tranquility Base Hotel & Casino album, including The Ultracheese, which you can watch a short clip of above.
Doing the televised gig, they also played AM favourites, Do I Wanna Know and R U Mine?
See their performance of R U Mine?
READ MORE: Is Arctic Monkeys' When The Sun Goes Down their darkest track?
Meanwhile, last week it was reported that drummer Matt Helders has filed for divorce from the model and actress after two and a half years of marriage.
Helders has reportedly set the wheels in motion to end his marriage to Breana McDow Helders.
According to TMZ, the Monkeys drummer filed documents to divorce the model and actress this Wednesday (16 January).The pair started dating in 2011 and became in engaged in 2013, before marrying in Italy in June 2016.
Breana last shared a post which included her husband on Instagram in October, sharing a video of him playing the drums on stage with Queens Of The Stone Age frontman Josh Homme on guitar.


text:
Daily & Weekly newsletters
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What's on this week: 17-23 January
What's on this week: 13-19 December
Party and protest with Keith Haring at Bozar
The Bulletin on Bruzz: 8 December
What's on this week: 6-12 December
What's on this week: 29 March to 4 April
Don't say Brussels Central, say Bruegel Central
What's on this week: 22-28 February
Brussels exhibition highlights global plastic pollution problem
Last chance to join the revolution at intriguing 1960s exhibition
What's on this week: 15-21 November
Our top picks of cultural events and activities in and around Brussels
Family Day at the House of European History is chock-a-block with activities such as games, crafts and a Discovery Space where kids can dress up as historical figures. Numerous workshops see them designing objects with a 3D pen, making augmented reality videos and learning how to upcycle. All workshops are in English and Dutch. The free event is part of the Flemish region's Art Day for Kids, which includes some 15 initiatives spread across Brussels. 17 November 10.30-18.00, Rue Belliard 135
De Centrale hosts the first major show of work by Roger Ballen, one of the most famous art photographers in the world. Theatre of the Ballenesque features photographs, videos and interventions by the New York-born, South Africa-based artist. Belgium's Ronny Delrue adds his own photographs to the mix, for an intriguing show that delves into the unconscious and the absurd. 14 November to 14 March, Place Sainte Catherine 44
Cole Porter's wonderful score for Kiss Me Kate comes to bustling life as Brussels Light Opera Company performs the classic musical. Ex-spouses, a gambling addict and a couple of mobsters get mixed up onstage and behind the scenes as a theatre troupe puts on Shakespeare in 1950s Baltimore. 21-24 November, Auderghem Cultural Centre, Boulevard du Souverain 183
Paul Delvaux was bestowed with the honorary title of Stationmaster in Louvain-la-Neuve. It might sound strange for a painter, but a look at a few of his works explains it all: He was obsessed with trains and stations and the journeys – psychological, physical and industrial – that they represented. Train World's Paul Delvaux: The Man Who Loved Trains includes about 50 drawings and paintings dedicated to the subject, as well as some of the 20th-century artist's personal belongings. Until 15 March, Place Prinsesse Elisabeth (Schaerbeek)
The Guardian calls Stephen Carlin "a cult favourite among fans at the sharper end of stand-up". Be among this witty crowd as English Comedy Brussels presents the Scottish comic together with comedian and actor Paddy Lennox of Northern Ireland. 20 November 20.00, Théâtre Marni, Rue de Vergnies 25
American poets, authors and professors Lisa Samuels and Jennifer K Dick perform new work and talk about literary experimentation and performance alternatives at VUB's new culture centre Pilar. 18 November 16.00-17.00, VUB Building Y, Entry 6 (at Blvd du Triomphe & Avenue Henri Schoofs)
Snap up a ticket for the fascinating Vita Siyo Muchez Ya Watoto, or War is No Child's Play, in which nine Belgian actors, three actors from Congo and Burundi, and 10 local refugees seek common ground on stage. Thanks to live direction, every show is different, but all of them speak volumes about compassion and humanity in a world full of contradictions. The production was previously staged with some of the same actors in the open-air in Africa (pictured). Following the run in Brussels, Vita Siyo travels around the country. (In multiple languages with real-time translation) 20-23 November, KVS, Quai aux Pierres de Taille 7
Avant-garde pop music is in the spotlight at the Schiev Festival, which features an eclectic line-up of innovative local and international musicians, a music market and a series of talks. Belgian-born, Berlin-based DJ Gista will speak in English about Afrofuturism and the work of Kodwo Eshun. Schiev, by the way, means crooked or distorted in Brussels dialect. 15-17 November, Beursschouwburg, Rue Auguste Orts 20
Dykes of all stripes are invited to the L-Festival, a seemingly endless programme of activities and events. Lesbian love stories in the cinema, drag king shows, badass girl concerts, feminist stand-up, exhibitions, workshops, rouble-rousing and paaar-ties. And more. 21-30 November, across Brussels
Photography is one of the most accessible genres of art because it is ubiquitous – everyone takes photographs. PhotoBrussels Festival can appeal, then, to a wide variety of people. Hosted every year by Hangar Art Center, it showcases more than 100 photographs according to a theme, which this year is Still Life. Think more Andy Warhol than Paul Cézanne, though. 15 November to 21 December, Hangar, Place du Châtelain 18 (Ixelles)
Before Dimanche sets off on its international tour, don't miss this Belgian-made ode to absurdity during its Brussels run. Dialogue-free and with pertinently themed climatic catastrophes, it's a surprising, comic and very human show by companies Focus and Chaliwaté. While three reporters set off on an expedition around the world to film rare species, a family attempts to spend a quiet Sunday at home. With the help of some breath-taking special effects and superb puppetry, chaos soon descends. 19-30 November, Théâtre des Tanneurs, Rue des Tanneurs, 75
OUTSIDE BRUSSELS
You'll see extraordinary feats of physical prowess at Festival de Cirque en L'air, a wild and wonderful circus festival in Walloon Brabant. Your tickets gets you into two shows at the weekends, and there's an extra performance mid-week. Whether high wire, pole, acrobatics or a giant wheel hanging from above, all works get performers off the ground and in the air. 16-24 November, Walloon Brabant Cultural Centre, 3 Rue Belotte, Court-Saint-Etienne
Photos, from top: Courtesy House of European History; Paul Delvaux's 'Les Ombres', photo by Vincent-Everarts; ©Benjamin Geminel/KVS; Klaus Pichler's 'Skeleton in the Closet'(cropped)
Written by Lisa Bradshaw, Sarah Crew


text:
Subject: GM's IPO Filing Reveals Challenges That Could Discourage Investors
URL: http://mney.co/1LJpMz3
Goldman Joins Chorus of Big Banks Reporting Weaker Earnings
What Really Caused the Stock Market 'Flash Crash'
Question of the Week: Readers Respond to Money Morning's "Flash Crash" Query
We Want to Hear From You: How Has the Market's "Flash Crash" Affected Your Investment Behavior?
SEC, Major Exchanges, Working on New 'Circuit-Breaker' Rules to Avoid Another 1,000-Point Plunge in the Dow
Downgrades Crush Goldman Sachs Stock On News of Criminal Investigation
Money Morning Mailbag: Readers Eager For Effective Financial Regulation
Should Investors Sell in May and Go Away, or Ride the Bull Awhile Longer?
Buy, Sell or Hold: Bank of America Corp. Could Offer Investors a "Double Play"
Goldman's First-Quarter Profit Doubles to $3.46 Billion, Even as its Fraud Probe Takes on an International Twist
We Want to Hear From You: How Do You Feel About the Status of U.S. Financial Reform?
How the Goldman Sachs Fraud Case Could Accelerate Wall Street Reform
SEC Charges Goldman Sachs With Fraud, Sending Its Stock, Reputation Tumbling
The 10 Keys to Short-Selling Profits
New Banking Regulations ... Same Old Story
How to Profit From China's Next Move
GM's IPO Filing Reveals Challenges That Could Discourage Investors
By Don Miller, Contributing Writer, Money Morning - August 19, 2010
When General Motors Co. filed registration papers for an initial public stock offering (IPO) on Wednesday, it also revealed the formidable challenges it faces - some of which may give pause to investors considering taking a stake in the venerable automaker. The 734-page document GM filed with the Securities Exchange Commission (SEC) paints a picture […]
By Don Miller, Contributing Writer, Money Morning - July 20, 2010
Goldman Sachs Group Inc. (NYSE: GS) joined a chorus of big banks reporting weaker earnings for the second quarter as a weakening economy led investors to refrain from making deals.
Goldman's earnings plummeted 82% in the second quarter, hammered by the investment bank's settlement of Securities and Exchange Commission (SEC) fraud allegations and the U.K. tax on bank executive bonuses.
Strong trading and bond underwriting had bolstered the company's first-quarter results. But markets began to gyrate in April, and investor nervousness increased after the "flash crash" in May. Volatility has continued to rock the markets throughout the summer with investors' ongoing concerns about economies in Europe and fears that the U.S. recovery might be stalling.
By Shah Gilani, Chief Investment Strategist, Money Morning • @ShahGilani_TW - May 19, 2010
Just when you thought it was safe to get back into U.S. stocks, you think you see a shark.
If you are searching - like the regulatory lifeguards and all the political beach bums - to pinpoint and kill the menacing shark that took a huge bite out of investor confidence when the Dow Jones Industrial Average tanked 1,000 points in a just a few minutes late in the day on May 6, don't bother to scan the horizon looking for the dorsal fin of some lurking predator.
The threat you fear isn't under the water: It is the water.
We're talking about market liquidity.
For the full story of the stock-market flash crash - and for some cautionary steps to take - please read on...
By Kerri Shannon, Associate Editor, Money Morning - May 19, 2010
The May 6 1000-point drop in the Dow Jones Industrial Average triggered a roar of theories on the cause of the "flash crash." Was it a "fat finger" that entered an incorrect trade, leading automated trading systems to hit a high-frenzied sell mode? Did the initial sell-off fuel panic that escalated sales before manual corrections could be implemented?
As the New York Stock Exchange slowed trading, orders were routed to electronic exchanges that were not operating under the same safeguards and some companies' stocks were briefly valued at just pennies.
The exchanges have agreed to revise circuit breakers designed to stop trading during periods of extreme volatility, and to develop standards for handling erroneous trades. Almost all exchanges admitted that the markets' varying policies on halting trading contributed to the roller coaster ride.
Thursday's Dow Jones Industrial Average 1000-point drop triggered a roar of theories on the cause of the "flash crash." Was it a "fat finger" that entered an incorrect trade, leading automated trading systems to hit a high-frenzied sell mode? Did the initial sell-off fuel panic that escalated sales before manual corrections could be implemented?
"I still haven't heard a satisfactory answer as to what happened and what could be done about it," Frank C. Boucher, the head of a Virginia-based financial planning firm, told Bloomberg on Monday - four days after the market's drop.
By Guest Editorial, Money Morning - May 11, 2010
In response to the wild ride U.S. stocks endured Thursday, executives from six U.S. stock exchanges yesterday (Monday) agreed on a framework for "strengthening circuit breakers and handling erroneous trades," the U.S. Securities and Exchange Commission announced.
NYSE Euronext (NYSE: NYX), Nasdaq OMX Group Inc. (Nasdaq: NDAQ), Bats Global Markets, Direct Edge Holdings, International Securities Exchange Holdings Inc. and CBOE Holdings Inc. (Nasdaq: CME) met with SEC Chairwoman Mary L. Schapiro on Monday morning.
The SEC's Schapiro, Commodity Futures Trading Commission (CFTC) Chairman Gary Gensler and officials from the various exchanges were also to meet later yesterday with U.S. Treasury Secretary Timothy Geithner. Officials from the CME Group Inc. (Nasdaq: CME), the largest U.S. futures exchange, also were to attend that meeting - after having met earlier in the day with CFTC leaders, The Wall Street Journal reported.
By Kerri Shannon, Associate Editor, Money Morning - May 2, 2010
Goldman Sachs Group, Inc (NYSE: GS) fell 9.39% Friday after being downgraded on news released Thursday that federal prosecutors started a criminal investigation into whether Goldman committed securities fraud.
Standard & Poor's Financial Services LLC downgraded Goldman to sell from hold and lowered its price target to $140 from $180.
"Though traditionally difficult to prove, we think the risk of a formal securities fraud charge, on top of the SEC fraud charge and pending legislation to reshape the financial industry, further muddies Goldman's outlook," S&P analysts wrote in a note to clients Friday morning.
By Kerri Shannon, Associate Editor, Money Morning - April 30, 2010
The Money Morning mailbag continues to overflow with reader thoughts and concerns regarding financial reform – which is finally making slow progress in Washington. After three failed attempts to bring a financial regulation bill to the floor this week, the Senate on Wednesday finally agreed to start debate.
Following is a collection of this week's Money Morning reader comments on our articles regarding reform, inspired also by more news from the Securities and Exchange Commission case against Goldman Sachs Group, Inc. (NYSE: GS) as executives faced a Senate committee hearing.
By Jon D. Markman, Contributing Writer, Money Morning - April 28, 2010
I'm sure you have heard the old saw that it's a smart idea to "sell in May and go away."
That concept is based on the notion that the May-to-November span provides a weak environment for investors. I have already heard the cry go up recently because the major indexes are already up a lot more than anyone expected, and this would seem to be a convenient time to take profits.
Yet like most old market adages, there's not much substance to the concept if you take a good look at history.
By Horacio R. Marquez, Contributing Editor, Money Morning - April 26, 2010
On October 6, 2008, I recommended readers buy shares of Bank of America Corp. (NYSE: BAC).
Bank of America at the time had just agreed to acquire Merrill Lynch and Co. The strategy I recommended called for taking a prudent position in the bank by buying increasing amounts of shares on any market pullbacks.
The strategy appeared to go as planned at the very beginning as the shares dropped in value as predicted, improving the average buying price. But Bank of America subsequently revealed large amounts of troubled assets that had not been evident in prior releases. The company's president and chairman lost his job as a result, and the stock continued to drop. Today, after a very strong recovery BofA stock is still trading some 30% below our initial recommended entry price. So, depending on how one executed the entry strategy, one would be some 10-15% down even today.
Investment-banking giant Goldman Sachs Group Inc. (NYSE: GS) - the target of a civil fraud case filed by U.S. securities regulators - yesterday reported that its first-quarter earnings nearly doubled, even as the probe against it took on an international twist.
The New York-based Goldman said it earned reported first quarter earnings of $3.46 billion today (Tuesday), or $5.59 a share, an increase of 91% from earnings of $1.66 billion, or $3.39 a share, for the same period a year ago. The earnings report came just days after the U.S. Securities and Exchange Commission filed a civil fraud case against the Wall Street financial heavyweight.
Goldman's earnings beat analysts' average estimates of $4.16 a share. Its investment bank income revenue rose to $12.78 billion, and its fixed-income, currency and commodities trading generated net revenue of $7.39 billion.
When the Securities and Exchange Commission announced last Friday it was slapping Goldman Sachs Group, Inc. (NYSE: GS) with fraud charges, Wall Street - facing financial reform - took a big gulp of reality.
Scores of traders hurried to sell off Goldman shares, causing the stock to sharply fall 12.8%. Meanwhile, spectators on Main Street cheered the thought of a financial giant - that has faced scrutiny for housing market investments, executive bonuses and bailout money - finally having to face the firing squad.
Money Morning readers' comments clearly expressed their negative feelings toward Wall Street, our government and the SEC: "Crooks, political snakes, fraudsters, soulless and self-interested leaders, running a corrupt nation..."
By Martin Hutchinson, Global Investing Specialist, Money Morning - April 19, 2010
When the U.S. Securities and Exchange Commission announced Friday that it had filed a fraud action against Goldman Sachs Group Inc. (NYSE: GS), the news hit the financial markets like a carefully targeted bomb.
The Goldman Sachs fraud case, which relates to the investment bank's subprime-mortgage business, caused the financial giant's shares to nosedive 12.8%. The fallout spread to the broader markets, too, causing the Dow Jones Industrial Average to drop 1.1% and the Standard & Poor's 500 Index to skid 1.6%.
That reaction wasn't overblown.
Depending on how rough the SEC wants to play it, the case has the potential to shut down the cartel known as Wall Street. It could even jump-start the kind of sweeping overhaul that legal or regulatory reformists have so far failed to launch.
To see how the government fraud case against Goldman Sachs could force Wall Street to reform, please read on...
The Securities and Exchange Commission (SEC) on Friday charged Goldman Sachs Group, Inc. (NYSE: GS) with securities fraud in a civil suit, claiming the financial giant defrauded investors with a mortgage-related investment that was intended to fail.
The SEC accused Goldman Sachs of failing to disclose vital information on a synthetic collateralized debt obligation (CDO) that was peddled to clients while the bank bet against its success, knowing the bank was likely to come out the winner. The SEC says Goldman used hedge fund Paulson & Co. to pick particularly risky securities for the product with a higher chance of collapsing.
The whole financial sector slid after the SEC's announcement. Goldman's stock fell over 12% Friday to close at $160.70 a share.
By Larry D. Spears, Contributing Writer, Money Morning - March 15, 2010
Short sellers took a lot of flak for their alleged role in the stock market meltdown of 2008-2009, getting blamed for artificially depressing stock prices, exaggerating the impact of the bad economic news rolling out of Washington and exacerbating the volatility that intensified the financial panic experienced by investors and the general public.
That last allegation was particularly troublesome to market regulators, especially after stock-market researcher Birinyi Associates traced a sudden sharp rise in stock volatility back to mid-July of 2007, a point coinciding with the repeal of the so-called "uptick rule." The uptick rule was a Depression-era regulation that allowed the short sale of a stock only when the prior trade had resulted in an upward move in its price.
That concern over volatility led to a lot of official posturing as the government struggled to come up with solutions to prevent future market mayhem, the result of which (at least for the time being) was the Securities and Exchange Commission (SEC) Feb. 24 adoption of a new "alternative uptick rule."
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FuckFace Unstoppable Interview, Cardiff (Part 1)
Wednesday, July 9th, Bam Margera's FUCKFACE UNSTOPPABLE rolled into Cardiff to play THE GLOBE as part of their current UK tour, luckily I was able to hop aboard the tour bus and chat with Bam, alongside his wife Nicki, Brandon Novak and Alex Flamsteed before the show, where they answered some questions and talked about all sorts of crazy shit…
GAV: I'm with Bam here, alongside Nicki, Novak and Flamsteed from Fuckface Unstoppable…
BAM: Alex Flamsteed, aka Rubbish Heap
ALEX: I'm known as Rubbish Heap in this band for a good reason.
BAM: He got off with some girl the other night, and in the heat of the moment, she punched him in the face, and his tooth got knocked out.
ALEX: I got a sexual injury!
BAM: Yeah, but she told you to soak it in milk!
ALEX: I didn't soak it in milk, I threw her fucking arse out of the bus and told her "fuck you, you cost me $2000 dollars on my teeth!"
BAM: They left on bad terms…
GAV: That's understandable! [laughs] But, yes, basically you're in the UK again now for the 2nd tour, and obviously your fans know what FFU is all about, but for those generic rock and metal fans that aren't familiar with FFU, how would you describe what this is?
BAM: Let's say if uh, CLUTCH fucked TURBONEGRO and had a kid it'd be us [laughs], and then a little bit of GG ALLIN coz Novak sings naked, Nicki B is half naked, Rubbish Heap dives in the crowd left and right that's why he has bruises all over his back…he looks like a leopard.
ALEX: I look like a leopard…I have leopard print bruises! [laughs]
BAM: I got a fucking elbow pussy! [shows deep cut on his elbow]
GAV: Nice…how the fuck did that happen?
BAM: Me and him were fighting out front and then I got cut on some glass
ALEX: I like, smashed a bottle in fake anger…
GAV: Fake anger? [laughs]
ALEX: Well, we got a camera that goes out the front of the tour bus…
BAM: Yeah and, it's always recording so, we wanted to just get footage, so we started a fight outside…
GAV: As you do [laughs]
ALEX: But I'd smashed a bottle, and I went to tackle Bam and then, well like, I'd had a couple of beers to be truthful, and I went to tackle Bam and like, I tackled him right onto where I'd smashed the bottle, and, he landed on his elbow, and I feel really bad about it
BAM: You should! But, I popped your ear drum out! I slapped him when he was sleeping once and I popped his ear drum out and I felt really bad about it because he's a drummer and he should be able to hear…
ALEX: It's all fun and games!
GAV: All fun and games indeed, but, you're here In the UK now, you've worked a few dates around the fact you're playing SONISPHERE this year, well, you played Sonisphere sorry. Obviously you've toured the UK, the US, Canada, etc.. How did Sonisphere compare to the fact you've played club gigs and local venues, size-wise, how did that feel?
BAM: All the shows have been really good and uh, y'know, Sonisphere was rad, but, I like the tight clubs with no barriers, the fans are right there, and the security y'know, is like, "If a fan jumps up on stage you want me to like, rough em up and throw em out?" Hell no! Leave em up there! Let em do whatever they want. "But what if they trip on the guitar wire?" Then they trip on the guitar wire!
ALEX: I like playing big festivals but like, when the first person in the crowd is like 15 feet away from you, because there's this huge stage and this huge barrier, it's like, it's fucking awesome, y'know don't get me wrong, I absolute love playing outdoor shows and festivals, but, when there's no barrier and they are right up in your face it's so much more intimate and fun and the crowd has so much more fun that way, there's pros and cons to both so…
GAV: There's more connection with the crowd that way because obviously, you pour your heart and soul into the live show, and then, you appreciate the feedback from the fans...
ALEX: Well they're just as much of a part of the show as the show
BAM: I think they're more of a part of it though when they're right up front, coz, y'know, you're slapping hands, diving into the crowd, stuff like that.
ALEX: And like we, we like to have everyone that's in the crowd, be part of the show, rather than like, we're not just gonna stand there and perform to them, we are part of their show, and they are part of our show, and that's the whole thing, but at the same time, playing to 15,000 is absolutely fucking awesome too y'know? It's the greatest feeling in the world, but also playing to couple of hundred people in a packed out little club, and I can fucking, French kiss people, and Novak's balls are hanging in people's faces, that's hilarious.
BAM: Thank god Rubbish Heap played with GUTTERMOUTH, like he knows about rock shows, that if it's a Monday night and nobody shows up, like, one time we were in Detroit, and it was a venue with 2000 capacity, and there was only 400 people there and it looked like no one was there, coz they were all spread out, it looked like there were fucking five people there to me and I'm like "Jess, I can't do this, I am not playing this show, I'm just not"…and Rubbish Heap was like, "I know what to do, Every mother fucker right now get the fuck up on stage!" So now there's, 400 people in this massive venue, and they're all on stage and we're wall to wall packed, elbow to elbow…
ALEX: We were crowd surfing ON stage
BAM: It wound up being one of the best shows BECAUSE of that, and I would never thought to do that, and he has like the gift of gab for doing that, like, just coz, if you're Jess, y'know my brother, "Alright everybody should try to come up on stage coz it'd be like, way awesome…" y'know It just wouldn't be the same, it just wouldn't work [laughs]
ALEX: But y'know like, at the same time, when it comes to that, I'm extremely fortunate enough to have, Bam and I both doing front-man sort of stuff, it's great because, it gives us both the ability to have awesome crowd interaction and awesome vocals at the same time. If I like, dive into the crowd and my microphone goes flying, cable breaks, it tends to happen every, probably five minutes, and then there's Novak too y'know, it's just a good mixture.
NOVAK: We're good on stage but they don't really expect much out of us ANY other time on the tour, they don't expect us to load in or load out, or make it on time anywhere or be responsible, but we're good on stage so that pays the dues [laughs]
GAV: I was there last year at Bristol, and, sadly you weren't there at the time…
ALEX: He was there…
GAV: No, Novak wasn't at Bristol
BAM: He was in the hospital with his blown out ass-hole. He blew out his ass-hole!
GAV: You BLEW OUT your ass-hole?
NOVAK: Yeah…
GAV: Can you explain HOW that even happened? [laughs]
BAM: He asked me for $30 in the worst neighbourhood ever, and he's been a heroin addict for seven years…or more…and I knew that whatever he wanted my $30 for was for nothing good, so I was like, "I'm not gonna give you $30", and he kept begging and begging, and I'm like, "Shove this rock up your ass and I'll give you $30", so he shoves this rock up his ass, and he forgets that its up there for like, two days…
ALEX: A jagged ass rock by the way!
BAM: Then, he dives in the crowd with a girl's thong on, and, they rip the thong like a king wedgie, and rip the rock out, so, dude, he blew his ass out, and it looked like a uh, apricot was hanging out of his ass
NOVAK: Blood was shooting out of my ass hole and, they wanted to sew my ass hole shut, and, I was actually going through withdrawal at the time
ALEX: Of course you were! [laughs]
NOVAK: So, yeah, they kept giving me morphine, and I'm like, well "I have a really high tolerance so I need more morphine", and they were like, "We've given you enough to kill an elephant at this point"…, and I'm like "Yeah but I'm a drug addict and I need more"…so I have a high tolerance, so after like the 6th shot, I said "Alright one more shot"…they asked me "If we give you one more shot will you stay through the night and have the operation in the morning?" So I'm like "Yeah yeah I'll stay through the night", so, they give me the shot, and then I rip it out and I'm like, "Thanks for the fucking Gaids shot ass hole",and then just walk out of the hospital…
BAM: [laughs] He rips the needle out of his own arm, like, the nurse is supposed to do it, he's just like, "Ha! Gaids shot for the road!"
NOVAK: I really showed them because I still to this day shit out blood OR have a haemorrhoid, every fucking day, so I really showed them huh? [laughs]
ALEX: But the other thing is, his girlfriend Apple was there right…
BAM: The Doctor goes, "So YOU are his girlfriend?" And she's like, "Yeah?", and he's like, "…And you don't think that he's gay?" She's like, "Why?" He's like "This is not from a thong ripped open, this is from years and years of damage to his anus…", and Novak's like, "Well I forgot to mention Doc, I used to shove drugs up there and hide it like a glove compartment" [laughs]
NOVAK: My ass hole was like a suitcase in times of need, you know what I'm saying?
ALEX: For nine years of Novak's life his arse hole was literally a safe
GAV: I can understand the logic behind it but I can't relate personally [laughs]
ALEX: What you've never shoved drugs up your arse?
NOVAK: You haven't fucking lived! [laughs]
ALEX: You gotta try that! I've never actually done that either…that's a Novak thing…
...To Be Continued...


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The Irish Times view on the economy in lockdown: counting the cost
Many on the PUP will not now return to their former jobs, as there is only so long that many businesses can hold on
Thu, Jan 7, 2021, 20:11 Updated: Thu, Jan 7, 2021, 20:16
With some sectors being closed for the third time and a number having remained closed since last March, the economic toll will rise. Many businesses will not reopen and others will be left significantly smaller. Photograph: Gareth Chaney/Collins
The tight lockdown on large parts of the economy means that the financial rescue programme put in place in 2020 will have to continue. The basic tools are in place in the Pandemic Unemployment Payment, the wage subsidy scheme and grants to affected businesses, as well as a range of other schemes to delay tax payments and rates when necessary. Nonetheless with some sectors being closed for the third time and a number having remained closed since last March, the economic toll will rise. Many businesses will not reopen and others will be left significantly smaller.
The Government has no option but to continue to support businesses – and individuals who are out of work. While this comes with an up-front cash cost, it will lower the long-term economic price when the pandemic is over. With businesses closed and jobs lost due to public health decisions, it is also clearly the correct route to take.
Fortunately exchequer figures published during the week showed that borrowing last year was lower than had been anticipated. This was due to surprising strength in tax revenue. Corporate taxes rose strongly, while income tax held up remarkably.
This is testament to the resilience of much of the economy, which has operated through the pandemic. But unfortunately the problems in the consumer-facing sectors will now deepen, with Tánaiste Leo Varadkar warning that many could stay closed until the end of March.
The crisis will leave an economic legacy. The unemployment rate averaged 18.4 per cent last year and this figure will rise again now. Unfortunately, many on the PUP will not now return to their former jobs. There is only so long that many businesses can hold on.
With vaccines on the horizon, the incentive to support businesses is all the greater, as at some stage restrictions will ease for good. However, it is a concern that this could be later this year than had been hoped for. In particular, the prospect of further lockdowns after this one ends cannot be ruled out.
Progressive Unionist Party
The Irish Times view on Julian Assange: a dangerous prosecution
The Irish Times view on Argentina legalising abortion: a major breakthrough
The Irish Times view on the new Covid-19 measures: Back on a crisis footing
The Irish Times view on Covid-19 vaccine programmes: balancing rigour and speed
The Irish Times view on the climate crisis: world powers must step up
The Irish Times view on the EU-China investment treaty: what price a trade deal?
The Irish Times view on the world in 2020: when nature put us in our place
The Irish Times view on Ireland on the UN Security Council: Knowing when to speak up
The Irish Times view on the Brexit deal: The terms of a pointless divorce


He was flying, and in front of him, black as ebony, was a mountain to dwarf Olympus.
He could feel himself speeding towards it at great speed, but the mountain didn't change size. It simply rested, irrevocable.
Flying? Why was he flying?
He fell asleep for a few seconds.
No, not a dream. The mountain was still there. He was still flying.
He was cold. The air was freezing.
It was dark as well. Cold and dark.
Night? No, the light wasn't right. Too blue.
He looked down. He was too high to see the ground.
But there, what was that? A flock of birds?
He could see them shining silver in the dark.
No. Not birds. Those were fish.
And suddenly he was fully awake.
Three miles over the Atlantic sea bed, Mabus and Joel fell together like stones cast in a well.
He could feel Joel's arms wrapped around him, tight as a steel vice.
His lungs were two bottles of burning petrol.
Knows I'm old, hoped the cold would send me into shock, knows he can survive this longer than I can, surprised I'm not dead already.
The mountain was now wreathed in a halo of dancing colours.
Not much longer, dead soon, cold or asphyxiation, take your pick. Get out of here.
Idiot. Fine. Take a minute. Take an hour. Take an eternity rotting on the ocean floor, what do I care?
No point anyway, he'd just bring me back, can't break his grip, too strong.
Think! What would break his grip?
The flare. They hate the light. Always hunt at night. Eyes sensitive.
Need to breathe. Need warmth.
I need heat, light and warmth.
One mile beneath the surface of the ocean, Mabus smiled.
Three thousand miles away, in the year 1345, in the Gobi desert some thirty miles from the border of what would one day become Mongolia, not much was happening. Some cactuses were growing. Some lizards were sitting on rocks and going "thup". That was about it. It was therefore something of a shock to the lizards when two men, one old and thin, the other huge and muscular, both soaking wet, suddenly materialised two feet in the air and fell to earth with a crash. It may well have been a shock to the cactuses also, but they kept their cool and you wouldn't have been able to tell.
Joel dropped to his knees, screaming, his hands pressed into his eye sockets to shut out the cruel, needle-sharp sunlight. Mabus lay gasping on the baking hot sand. Through half-closed eyes he could see his hands, brown, shrivelled and ancient, with great purple veins like earth worms slowly shifting beneath the thin, paper-bag skin. Everything ached.
"You stinking, filthy old…" he looked up as he heard Joel cursing him, feeling around madly for him with one great arm, throwing sand to the air, while the other hand covered his eyes.
Joel had become so enraged that he had even forgotten to enter slow-time. For a second Mabus watched him as he crawled pathetically over the yellow sand, leaving grey trails as the sea-water dripped off his filthy clothing in rivers. Then he calmly and quietly gathered his strength, slowed the world to a third of a second per second (and even that took more effort than he would have ever thought possible) picked up a medium sized rock and flung it straight at Joel's head.
He stopped. Went red. Collapsed.
He lay there quietly. Mabus watched him.
And with that, he closed his remaining good eye, exhaled once and became still.
As he stood there beside the great carcass, gaunt and black in the sea of desert light, Mabus realised he was glad that Joel had died before he had had to answer.
Whoa, the Roger Rabbit review's up already? What happened to the time? Ahh man, I've still got to catch it, hope I don't take too long with that.
As for the chapter itself, neat fight scene. I kind of liked the location warping war, kind of like a battle of changing the TV channel, except in real life. "Speeding towards it at great speed" has a bit of a redundancy problem though… Maybe replace "speeding" with "racing" and it would probably sound better. Nit-picking though.
This sure was a quick chapter. I like the dramatic irony of Joel's final question to Mabus. I have a feeling he's gone to some pretty sketchy lengths to stay alive too.


Once more, this week, state Sen. Scott Surovell has demonstrated that he is out of the mainstream of even his fellow Democrats. The State Senate voted 34-6 to pass a Bill allowing all state judges and retired state judges to carry concealed handguns without requiring them to obtain a permit. Senator Surovell was one of the six who opposed the Bill. Since there are 19 Democratic Senators in the State Senate, he is decidedly in the minority of his own political party on this issue.
In opposing the Bill, Senator Surovell said: "What concerns me about this bill is that it not only applies to current judges, but it also applies to retired judges. I don't think there's anything so special about the job that they ought to be able to carry for the rest of their lives just because at one point in time we gave them a robe." This quote is remarkable for a number of reasons starting with the fact that Senator Surovell is a trial lawyer who frequently appears before people wearing robes. He is fully aware that those robed individuals often sentence criminals to jail. He is also aware that when they are doing so, their identity is clearly shown on a placard visible from the bench.
The fact that a judge has retired does not change the fact that he or she sentenced criminals to jail terms when he or she was an active judge. It is not unheard of for criminals to finish their jail terms and start looking for the judge who sent them to jail or prison. Senator Surovell's opposition to this Bill strikes me as both foolish and mean-spirited. However, this is not surprising. Senator Surovell, when he was a state delegate, opposed requiring Court clerks to conceal the identities of concealed carry permitees. He also opposed giving citizens civil immunity when they defend themselves against intruders into their homes.
I am not a psychiatrist so I cannot credibly analyze Senator Surovell's motivations for these seemingly mean-spirited decisions as a representative of the citizenry. I can only say that my gut reaction is he is on the wrong side of these issues and can only be held accountable by the constituents who elected him.


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Q: export from Three.js to .obj I've seen a lot of explanations for how to import .obj files into Three.js, but I was wondering if there was a way to do the opposite? I have a Three.js program that can randomly generate shapes, and I want to export them as .obj files. Is there a way to do this?
Or, if not, is there another programming format that I should recreate my code with that does have this ability? Thank you.

A: You should be able to use the OBJExporter.


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