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Archive for the ‘Economy’ Category

LA is the Only Place For Me to Be

16 Mar

Sunny Southern California is located between magnificent mountains and the cool coastal waters of the Pacific Ocean. Los Angeles, California ‘The City of Angeles’ is one of the most well-known and sought-after cities in the world. And LA is the only place for me to be.

The city is gifted with various forms of recreation, cultural events, monuments, and natural beauty. It is the largest city in California and the second largest city in the United States of America.

Los Angeles is situated on an irregularly shaped coastal plain about 30 to 60 miles across and is composed of many interconnected communities. It is served by four major airports and is possibly one of the most coveted areas for a second home in the world.

This is more than just a place, it’s a state of mind. Los Angeles is as scenic as it is culturally fascinating and is simply a magical place to let yourself go.

The city is also the leading producer of popular worldwide entertainment including films, television programs, and music, resulting in international recognition and fame that is unique to the city. This is an exciting place to raise a family or start a new business.

It’s a perfect spot for vacationing and is home to hundreds of restaurants. It is home to countless celebrities and is a diverse, modern, sophisticated city where culture is king; and it is home to people from over 140 countries speaking 96 different languages.

This is the home town of great numbers of stars, actors, singers, designers and models which makes it a city on FIRE these days, no doubt due to the celebrity and ‘Young Hollywood’ influence.

In addition, Los Angeles has more than 80 stage theaters and 300 museums, more than any other city in the United States. Los Angeles has long been known as the city with the enticing bright lights of Hollywood and its star-studded population, so it’s only natural that I would love a winner.

No matter where you live there will be drawbacks. LA includes Santa Ana winds, more specifically, huge hurricane-strength gusts that come out of the dry deserts and sandblast the roads, pile leaves in your yard, knock over trees and fan the fires. Santa Ana winds are a godsend to Southern California surfers and a nemesis to firefighters, homeowners and eczema sufferers.

California earthquakes are born in the constant shoving match between the North American plate, which we live on, and the Pacific plate, which dives under the ocean and stretches westward toward Asia.

These earthquakes are created by a different type of ground motion, in which the two sides of a fault slide laterally against each other. They are caused by the San Andreas fault. Depending on who you ask, an earthquake can feel like you’re on an exciting roller coaster ride, as long as the ground is not caving in around you! Regardless, LA is the only place for me to be!

Jackie Spivey is the Author of this Article. He is an artist who has a very creative, eclectic collection of music that is available for your listening pleasure. You can listen to and/or download the song, LA Is The Only Place For Me at JacSan Records. And learn much more about music at JacSanRecords Music Blog.

 
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40TH CPA AFRICA REGIONAL CONFERENCE IN NIGERIA

26 Jan

The 40th Commonwealth Parliamentary Association (CPA), Africa Regional Conference kicked off in Port Harcourt, the state capital of Rivers State on Monday 20th July.

Declaring open the meeting with the theme: “Commonwealth at 60: Challenges and opportunities” the chief host of the conference Governor Chibuike Rotimi Amaechi of Rivers State urged the National assembly not to allow the new petroleum act before it to succeed, because it will further deepen the injustice done to the Niger delta people. In his words he said the bill “takes away the royalty of the Niger delta people without recourse to the environmental hazards suffered by d people, noting that such intention do not in any way represent justice but impunity”

He also stressed that the problem in the Niger delta can only be resolved in the parliament, because it’s only the parliament that can forget ethnicity.

Governor Amaechi further added that the failure or success of a democracy rest in the legislative & Judiciary arms of Government , he therefore called for all hands to be on deck to reverse most of the conflicts in Africa through people centred legislation

Earlier in his welcome speech, the speaker Rivers state house of Assembly, Rt, Hon, Tonye harry, described the meeting as a call to duty to all parliamentarians

Also, earlier the chairperson of the commonwealth association Africa zone , Hon Amusaa Nwananwanbwa from Zambia commended Rivers state government for their hospitality and for being a good host.

The Common wealth Parliamentary Association was founded in 1911 whose affairs were administered by the United Kingdom branch, having branches in Australia, Canada, New Zealand, South Africa and United Kingdom, the association has succeeded in promoting parliamentary democracy.

In the last decade, more than 50 new parliaments and legislatures have joined or re-joined CPA which now has not less than 17 national branches in the African Region. The association also embarks on parliamentary conferences and seminars either on small branches, Regional and local levels, and equally engages in election observation and communications.

According to Senator Olorunnimbe Mamora who is the Chairman of the 40th CPA session the purpose of all these activities intended to enhance the quality of democratic representation, adding that it also undertakes parliamentary exchange of ideas and travels.

Senator Mamora thanked the state governor for his tremendous assistance and accepting to host the conference at the time he was speaker of the state Assembly and also solicited for the co-operation of Rivers people for a successful conference which would end on the 25th.

Over 1,000 Parliamentarians and support staff are attending the 40th Commonwealth Parliamentary Association (CPA), Africa Regional Conference in Rivers State.

It could be recalled that the State Assembly had hosted the 56th Executive Committee of the African Region in April this year, as a prelude to the conference.

Goodlife Promotions is an internet Adverising and online magazine, for more entertainment news, visit www.goodlife.com.ng

 
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Rohan Skea: Cra Limited Corporate Counsel

25 Jan

CRA Limited Corporate Counsel, Rohan Skea, worked closely with Sir Roderick Carnegie, Executive Chairman of CRA, other CRA in-house counsel, and CRA’s US Counsel, Robert Osgood of Sullivan & Cromwell in New York, in the defense of CRA/RTZ against the USD7.5 billion antitrust treble damages claim launched in 1976 by Westinghouse Electric Corporation against 29 foreign and US domestic uranium producers alleged to be co-conspirators in an international cartel controlling the supply and price of uranium.  Westinghouse alleged that the cartel meetings took place in France, Australia, South Africa, Illinois, the Canary Islands and England.


Westinghouse was a supplier of multiple nuclear reactors, together with uranium fuel, to US electric utilities.  Westinghouse had entered into long term uranium fuel supply contracts with the US electricity utilities at low fixed prices.  Westinghouse alleged that the Uranium Producers Cartel, also known as the Uranium Club, had conspired to raise the price of uranium fuel from $6 per pound to about $40 per pound.  Westinghouse was sued by utilities for breach of the supply contracts with damages estimated initially at USD2 billion (Re Westinghouse Uranium Contract [1978] 1 AC 583).  Westinghouse faced further billions of dollars of contractual losses if forced to supply utilities at a low price while purchasing foreign sourced uranium fuel at an allegedly rigged price of $40 set by the Uranium Producers Cartel (in Re Westinghouse Electric Corporation Uranium Contracts Litigation (in the United States District Court for the Eastern District of Virginia) Ancillary Proceedings in the Matter of Subpoenas Duces Tecum Addressed To Rio Algom Corporation By George R. Albino and Mervyn Lawton., 563 F.2d 992 (10th Cir. 1977). The members of the alleged cartel comprised the world’s leading uranium producers.  The members, being defendants in the case, were, Rio Algom Limited, Rio Algom Corporation, Rio Tinto Zinc Corporation Limited, RTZ Services Limited, Rio Tinto Zinc Corporation, Conzinc Rio Tinto of Australia Limited (“CRA”), Mary Kathleen Uranium Limited, Pancontinental Mining Limited, Queensland Mines Limited, Nuclear Fuels Corporation, Anglo-American Corporation of South Africa, Limited, Engelhard Minerals and Chemicals Corporation, Denison Mines Limited, Denison Mines (U.S.) Incorporated, Noranda Mines Limited, Gulf Oil Corporation, Gulf Minerals Canada Limited, Kerr-McGee Corporation, the Anaconda Company, Getty Oil Company, Utah International Inc., Phelps Dodge Corporation, Western Nuclear, Inc., Homestake Mining Company, Federal Resources Corporation, Pioneer Nuclear, Inc., Atlas Corporation, Reserve Oil and Minerals Corporation, United Nuclear Corporation, and Atlas Alloys, Inc. CRA, the Australian subsidiary of global mining giant, RTZ in the United Kingdom, along with eight other foreign defendants, chose not to appear in the US Court.  The defaulting defendants comprised four Australian companies: Conzinc Rio Tinto of Australia Ltd (“CRA”), Mary Kathleen Uranium Ltd, Pancontinental Mining Ltd and Queensland Mines Ltd; two British companies: Rio Tinto Corp. Ltd. (“RTZ”) and RTZ Services Ltd.; two South African companies: Nuclear Fuels Corporation of South Africa and Anglo American Corporation of South Africa Ltd.; and one Canadian corporation, Rio Algom Ltd.  In effect, the RTZ Group, comprising RTZ, RTZ Services, CRA, Mary Kathleen and Rio Algom, refused to appear in US Courts and acknowledge the extraterritorial jurisdiction of US antitrust laws.


The claim for extraterritorial application of US antitrust laws has had a controversial history for it clashes with the sovereignty of other nation states and its opponents argue it is contrary to the principles international law and comity (in Re Westinghouse Electric Corporation Uranium Contracts Litigation (in the United States District Court for the Eastern District of Virginia) Ancillary Proceedings in the Matter of Subpoenas Duces Tecum Addressed To Rio Algom Corporation By George R. Albino and Mervyn Lawton., 563 F.2d 992 (10th Cir. 1977)).     While extraterritoriality was initially criticized (American Banana Co. v. United Fruit Co., 213 U.S. 347, 29 S.Ct. 511, 53 L.Ed. 826 (1909), the Sherman Act has been applied by US courts to conduct outside the United States so long as some of the acts occurred within the United States and the parties were American (United States v. Sisal Sales Corp., 274 U.S. 268, 47 S.Ct. 592, 71 L.Ed. 1042 (1927); Timkin Roller Bearing Co. v. United States, 341 U.S. 593, 71 S.Ct. 971, 95 L.Ed. 1199 (1951)). In United States v. Aluminum Co. of America (Alcoa), 148 F.2d 416 (2nd Cir. 1945), Judge Learned Hand articulated what is known as the “intended effects” test. In Alcoa Judge Hand reasoned that agreements made outside of the United States which restrain trade or commerce within the United States have the same effect as similar agreements entered into within US borders. Since “any state may impose liabilities, even upon persons not within its allegiance, for conduct outside its borders that has consequences within its borders which the state reprehends,” (at p 433) he concluded that Congress did intend to apply the Act to conduct abroad so long as the intended effect of that conduct is prohibited by the Act. Since Alcoa, United States Courts have exercised jurisdiction over antitrust activity outside the United States so long as there is an intended effect on American commerce (Continental Ore Co. v. Union Carbide & Carbon Corp., 370 U.S. 690, 705, 82 S.Ct. 1404, 1413, 8 L.Ed.2d 777 (1962); Mannington Mills v. Congoleum Corporation, 595 F.2d 1287, 1299 (3rd Cir. 1979); U. S. v. The Watchmakers of Switzerland Information Center, Inc., 1963 Trade Cases P 70,600, at p. 77, 456-57 (S.D.N.Y.1962); Fleischman Distilling Corp. v. Distillers Co. Ltd., 395 F.Supp. 221, 226-227 (S.D.N.Y.1975)). US courts subsequently modified the effects doctrine with a “balancing of interests” test (Timberlane Lumber Co v Bank of America, 549 F2d 597 (9th Cir. 1976); Mannington Mills v Congoleum Corp., 595 F2d 1287 (3rd Cir, 1979)).  US courts are now required to establish whether the foreign conduct has had an effect on US domestic commerce then, under the “balancing of interests” doctrine, also known as the “jurisdictional rule of reason”, the court is required, when deciding whether or not to exercise jurisdiction, to consider the interests of all stakeholders, be they domestic, foreign, private or governmental Westinghouse retaliated against the defaulters and successfully obtained interlocutory orders in the US against the defaulting defendants, which severely constrained the ability of those companies to conduct business in the US and with US companies. These orders placed the flow of funds into and out of the US based entities, and the disposal of assets, under the control of US courts.  Some of the defaulting defendants continued to flagrantly ignore those orders and attempted to transfer funds out of the US resulting in further orders being successfully sought by Westinghouse (in Re Uranium Antitrust Litigation, 617 F. 2d 1248 (7th Cir.1980)).  These orders were very stringent. For example, Westinghouse successfully enjoined RTZ subsidiary, Rio Algom Corporation, from making deposits in bank accounts outside the United States; from making any transfers out of the United States without twenty days’ prior notice to the Court; requiring Rio Algom to deposit the revenues of its Utah mining operation in United States banks; and enjoining the officers, directors and employees of the defaulting Rio Algom Limited from making withdrawals from bank accounts of Rio Algom Corporation (in Re Westinghouse Electric Corporation Uranium Contracts Litigation (in the United States District Court for the Eastern District of Virginia) Ancillary Proceedings in the Matter of Subpoenas Duces Tecum Addressed To Rio Algom Corporation By George R. Albino and Mervyn Lawton., 563 F.2d 992 (10th Cir. 1977).  The defaulting defendants refused to appear and address the issues relating to the interlocutory orders and subject matter jurisdiction and, instead, the Governments of Australia, Canada, South Africa and the United Kingdom filed briefs as amici curiae to challenge subject matter jurisdiction.   The US Federal Court rejected the amici curiae arguments and, in so doing, scathingly criticized the defendants and the foreign governments.  The Court referred to the “defaulters contumaciously [having] refused to come into court and present evidence as to why the District Court should not exercise its jurisdiction”.  But, the Court was particularly damning of the relationship between the defaulters and the foreign governments involved and commented that the defaulters “have chosen instead to present their entire case through surrogates.    Wholly owned subsidiaries of several defaulters have challenged the appropriateness of the injunctions, and shockingly to us, the governments of the defaulters have subserviently presented for them their case against the exercise of jurisdiction.” (Re Uranium Antitrust Litigation, 480 F Supp 1138, 1148 (9th Cir, 1979); Re Uranium Antitrust Litigation, 617 F 2d 1248, 1255 (7th Cir, 1980). The Court’s frustration at the contempt shown by the defaulters, and the US judicial attack on the apparent complicity of sovereign governments, caused an international sensation.


This international political controversy created by the attempt to extraterritorially apply the US antitrust laws, underscored by the scathing US judicial criticisms of the actions and motives of the Governments of Australia, Canada, South Africa and the United Kingdom, and the legislative countermeasures, in the form of “blocking” and “clawback” statutes enacted by those foreign governments, led to most of the Westinghouse suits being settled in 1981.  For example, Australia reacted quickly to the initial Westinghouse proceedings, and the issue of letters rogatory seeking document discovery and evidence from the four Australian defendants, and enacted the Foreign Proceedings (Prohibition of Certain Evidence) Act 1976 (Cth) (“FPA”).  The FPA prohibited the production of documents or the giving of evidence in foreign proceedings where a foreign court had failed to comply with international law or comity, or where it was considered necessary to protect national interests.  The orders made under the FPA thwarted Westinghouse’s attempts to gain production of documents in Australia or the giving of evidence by executives of the four Australian defendants (Commonwealth of Australia, Government Gazette, Special Gazette S 214 (29 November 1976); Commonwealth of Australia, Government Gazette, Special Gazette S 237 (23 December 1976); Commonwealth of Australia, Government Gazette, Special Gazette S239 (24 December 1976)).    Further, when Westinghouse obtained default judgments and injunctions against the defaulting defendants, Australia enacted the Foreign Antitrust Judgment (Restriction of Enforcement) Act 1979 (Cth)(“FAJA”).  The FAJA empowered the Australian Attorney-General to order certain foreign antitrust judgments to be unenforceable in Australia if the Attorney-General was satisfied that the foreign court had exercised jurisdiction in a manner inconsistent with international law or comity, and the recognition of the judgment may be detrimental, or adversely affect, Australian trade or commerce, or if was in the Australian national interest.  The Australian Attorney-General subsequently made an order under the FAJA declaring that the judgment on the issues of liability given in favor of Westinghouse against the nine defaulting defendants, together with the interlocutory injunctions in favor of Westinghouse, would not be recognized or enforceable in Australia (Foreign Antitrust Judgments (Restriction of Enforcement) Act 1979: Order by the Attorney-General: Commonwealth of Australia, Government Gazette, Special Gazette S 105 (8 June 1979)).  Faced with determined efforts of foreign governments to prevent Westinghouse obtaining documents or evidence, and preventing extraterritorial enforcement of US antitrust judgments, Westinghouse settled for a fraction of the billions of dollars it was claiming, rumored to be USD100 million, together with commitments from various defendants to supply 23 million pounds of uranium at favorable prices.  Nonetheless, the bitterness arising from the extraterritorial application of US antitrust laws, and the foreign government legislative responses in an effort to protect their respective national interests remained for years.


To know more, please visit the site http://rohanskea.net

Note: John Connor, “Global Antitrust Prosecutions of Modern International Cartels”, Dept. of Agricultural Economics, Purdue University, Ind., Staff Paper #04-15, Nov. 2004; Simon Evenett, Margaret Levenstein and Valerie Suslow, “International Cartel Enforcement: Lessons from the 1990s” (2001) 24 World Economy 1221

 

Rohan Skea has been involved in some interesting cases. Rohan Skea , along with other Australian lawyers, worked closely with NI?s US counsel, Rooks, Pitts, Fullagar & Poust in Chicago in coordinating the massive logistics involved in mounting NI?s global legal defense strategy.

 
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A Summary Of Recent Appellate Decisions From Pennsylvania (September 2006)

24 Jan

Pennsylvania State Court Decisions

1. Civil Litigation
1.1. Automobile Insurance
1.1.1. “Cars for Hire”
Supreme Court

f Prudential Property & Casualty Ins. Co. v. Sartno, No. 163 MAP 2005 (August 21, 2006)

Holding: An insured’s use of his private vehicle to deliver pizza does not render the automobile a “car for hire” and does not trigger the exclusionary provision of the insurance policy.

1.1.2. Uninsured & Underinsured Motorist Arbitration
Superior Court

f The Hartford Ins. Co. v. O’Mara, 2006 PA Super 236 (August 29, 2006)

Holding: Under the Uniform Arbitration Act of 1980, when the application or construction of an insurance policy provision is at issue, the dispute is within the exclusive jurisdiction of the arbitrators. A court will take jurisdiction only when the claimant attacks a particular provision as: (1) contrary to a constitutional, legislative or administrative mandate; (2) against public policy; or, (3) unconscionable.

f Nationwide Insurance Co. v. Schneider, 2006 PA Super 219 (August 17, 2006)

Holding: Section 1733 of the MVFRL specifies the priority for recovery of underinsured motorist benefits, but neither mentions nor requires exhaustion of limits. When an insured settles a claim in contravention of a policy’s consent-to-settle clause, an insurer must show that its interests are prejudiced.

1.1.3. Subrogation
* Supreme Court

f Wirth v. Aetna U.S. Healthcare, No. 28 EAP 2005 (August 22, 2006)

Holding: Pursuant to the Pennsylvania Health Maintenance Organization Act, 40 P.S. § 1560(a), a health maintenance organization is exempt from complying with the anti-subrogation provision of the Pennsylvania Motor Financial Responsibility Law.

1.2. Medical Malpractice Claims
1.2.1. MCARE Act
* Superior Court

f McManamon v. Washko, 2006 PA Super 245 (August 31, 2006)

Holding: The Medical Care Availability and Reduction of Error Act does not apply to injuries not caused by medical negligence.

1.3. Sovereign Immunity
1.3.1. Real Property & Sidewalks Exceptions
* Commonwealth Court

f Reid v. City of Philadelphia, No. 1572 C.D. 2005 (August 3, 2006)

Holding: A street owned by a municipality that is designated a Commonwealth highway continues to be owned by the municipality. If a person is injured on a municipal sidewalk that adjoins a designated highway, the municipality remains the owner of the sidewalk and the sidewalk is, therefore, within the “right of way” of a street owned by the municipality for purposes of analyzing governmental immunity under the Political Subdivision Tort Claims Act.

f LoFurno v. Garnet Valley School District, No. 2082 C.D. 2005 (May 3, 2006)

Holding: A belt sander, designed to be bolted to the floor, that is not hardwired or permanently attached to the floor or to a dust collection system, is personalty, and not a fixture under the real property exception to governmental immunity under the Political Subdivision Tort Claims Act.

2. Civil Procedure
2.1. Appeal
2.1.1. Conflict Between Federal & Pennsylvania Law
* Superior Court

f Trombetta v. Raymond James Financial Services, Inc., 2006 PA Super 229 (August 22, 2006)

Holdings: 1.The standards of review of an arbitration award under the Pennsylvania Uniform Arbitration Act are not preempted by the Federal Arbitration Act (FAA).

2. The standards of review under the FAA cannot preempt the Pennsylvania standards for review of arbitration awards unless the Pennsylvania standards of review frustrate the underlying objectives of the FAA because standards of review are an inherently procedural mechanism used to facilitate judicial resolution of controversies after the underlying arbitration agreement has been enforced in accordance with the FAA.

3. Common law arbitration standards of review do not violate the core objective and principles underlying the FAA. Pennsylvania law governs the question of whether parties can impose de novo review on trial courts by virtue of contractual agreements.

4. De novo review clauses contained in arbitration agreements are unenforceable as a matter of law in Pennsylvania.

f Joseph v. Advest, Inc., 2006 PA Super 213 (August 8, 2006)

Holding: The provision of the Federal Arbitration Act permitting a party three months to challenge an arbitration award is procedural. Pennsylvania’s 30-day deadline (under either the Uniform Arbitration Act or common law arbitration) for contesting arbitration awards applies to such appeals, and appeals filed more than 30 days after the entry of the award are untimely.

2.2. Capacity to Sue
* Superior Court

f George Stash & Sons v. New Holland Credit Co., LLC, 2006 PA Super 206 (August 2, 2006)

Holding: The Fictitious Name Act provides that an entity that fails to register its fictitious name shall not be permitted to maintain any action in a Pennsylvania tribunal. Where, as here, a person or entity knows the identity of the persons with whom he or she is dealing, he cannot assert the lack of capacity to sue under the Fictitious Name Act.

2.3. Collateral Source Rule
* Superior Court

f Simmons v. Cobb, 2006 PA Super 222 (August 16, 2006)

Holding: The collateral source rule does not preclude a plaintiff from introducing evidence of the receipt of Social Security Disability benefits. Rather, the collateral source rule, which is intended to protect tort victims, provides that payment from a collateral source shall not diminish the damages otherwise recoverable from the wrongdoer. In this case, plaintiff sought to introduce evidence of receipt of SSD benefits.

2.4. Forum Non Conveniens
* Superior Court

f Wright v. Aventis Pasteur, Inc., 2006 PA Super 203 (August 2, 2006)

Holding: In determining whether to dismiss a case pursuant to 42 Pa.C.S.A. § 5322(e) based on forum non conveniens, the trial court must consider two important factors: (1) a plaintiff’s choice of the place of suit will not be disturbed except for weighty reasons, and (2) no action will be dismissed unless there is an alternative forum available to the plaintiff. As Superior Court acknowledges – this decision diverges from “the apparent trend in recent forum non conveniens decisions … toward dismissing cases brought in Pennsylvania where another forum is available.”

2.5. Interlocutory Appeals
2.5.1. Generally
* Supreme Court

f Pridgen v. Parker Hannifin Corp., Nos. 8 & 9 EAP 2005 (August 22, 2006)

Holding: In order for a trial court Order to be a “collateral order” under Pa.R.A.P. 313 – and appealable as a matter of right – the following three factors must be present:

1. The Order must be separable from and collateral to the main cause of action;
2. The right involved is too important to be denied review and must involve rights deeply rooted in public policy going beyond the particular litigation at hand; and,
3. The question presented is such that if review is postponed until final judgment in the case, the claim will be irreparably lost.

1.1.1. Trade Secrets
* Superior Court

f Crum v. Bridgestone, 2006 PA Super 230 (August 23, 2006)

Holding 1: This decision contains the same holding relating to collateral orders as Pridgen (above).

Holding 2: Pursuant to Section 757(b) of the Restatement (2d) of Torts and Pennsylvania law, in order to determine whether particular information is to be given trade secret status, a court should consider the following factors:

1. The extent to which the information is known outside of the business;
2. The extent to which the information is known by employees and others involved in the business; and,
3. The extent of measures taken to guard the secrecy of the information. Order must be separable from and collateral to the main cause of action.
For a court to determine whether a protective order is appropriate under Pa.R.Civ.P. 4019(a)(9), the discovery standard should embrace both (1) relevance and necessity, and (2) a balancing of need versus harm. Once a party establishes that the information sought is a trade secret, the burden shifts to the requesting party to demonstrate by competent evidence that there is a compelling need for that information and that the necessity outweighs the harm of the disclosure.

1.1. Judgment by Default
* Superior Court

f State Farm Insurance Co. v. Barton, 2006 PA Super 210 (August 7, 2006)

Holding: After a responsive pleading is filed, even if untimely, a judgment by default cannot be entered because the responding party is no longer in default.

1.2. Settlement
* Commonwealth Court

f Brannam v. Reedy, No. 2590 C.D. 2005 (August 14, 2006)

Holding: An evidentiary hearing is required when one party disputes the existence of a settlement agreement or its binding effect, and is the appropriate procedure even when there is a written agreement signed by counsel if it is alleged that counsel lacked the authority to bind his client. There must also be a hearing when a settlement is vacated by court order or enforced by court order. A hearing must be held even if the trial court has “intimate knowledge” of the facts as a result of a pre-hearing conference because a trial court’s recital of facts is not a substitute for a full record. A hearing must also be held, despite filing a petition and answer, even if no party requests one.

1.3. Transfer From Federal Court to State Court
f Falcone v. The Insurance Company of the State of Pennsylvania, 2006 PA Super 241 (August 30, 2006)

Holding: Pursuant to 42. Pa.C.S.A. § 5103, a party may transfer a case from federal court to the appropriate state court when the federal court lacks diversity jurisdiction. The date of the federal filing becomes the date of the state filing for purposes of the applicable statute of limitations. To comply, a party must promptly file a certified transcript of the final judgment of the federal court and related pleadings in a Pennsylvania court or magisterial district. A party does not comply with the statute by filing a new complaint in state court.

2. Unemployment Compensation
2.1. Necessitous and Compelling Reason to Quit
* Commonwealth Court

f Brunswick Hotel & Conference Center, LLC v. Unemployment Compensation Board of Review), No. 464 C.D. 2006 (August 23, 2006)

Holding: Elimination of health care benefits constitutes a substantial change in employment terms and serves as a necessitous and compelling reason for a claimant to resign from employment, thus entitling the claimant to unemployment compensation benefits.

3. Workers’ Compensation
3.1. Appellate Review
* Supreme Court

f Trimmer v. Workers’ Compensation Appeal Board (Monaghan Township), No. 58 MAL 2006 (August 3, 2006)

Holding: The Commonwealth Court (and presumably the Workers’ Compensation Appeal Board) may not substitute its determination of the facts and credibility of witnesses for the Workers’ Compensation Judge’s proper assessments. This per curiam Order summarily reverses the Commonwealth Court’s decision because determination of facts and credibility is solely within the province of the Workers’ Compensation Judge.

3.2. Hearing Loss/Employer Liability
* Commonwealth Court

f Hayduk v. Workers’ Compensation Appeal Board (Bemis Co., Inc.), No. 230 C.D. 2006 (August 11, 2006)

Holding 1: When an employer (Company A) purchases the assets, but not the liabilities, of another company (Company B), including the plant where the claimant worked, and the purchase specifically excludes any of Company B’s workers’ compensation liabilities that arose prior to the purchase of the assets, Company A is not liable for any work-related hearing loss that occurred prior to its purchase of Company B.

Holding 2: Under Section 306©(8)(iv) of the Workers’ Compensation Act,audiometric testing for a work-related hearing loss must conform to applicable OSHA standards. It is the employer’s burden, however, to establish that an occupational hearing loss is attributable to a previous employer. When, as here, the employer fails to meet this burden, it remains liable for all of a claimant’s compensable hearing loss.

3.3. Impairment Rating Examinations
* Supreme Court

f Dowhower v. Workers’ Compensation Appeal Board (Capco Contracting, Inc.), No. 542 MAL 2003 (August 11, 2006)

Holding: The Supreme Court has granted claimant’s Petition for Allowance of Appeal and will, presumably, address the issue of whether an employer may request an Impairment Rating Examination before the 104-week period in Section 306(a.2)(1) of the Workers’ Compensation Act.

3.4. Physical Examinations
* Commonwealth Court

f Knechtel v. Workers’ Compensation Appeal Board (Marriott Corp.), No. 140 C.D. 2006 (August 24, 2006)

Holding: Pursuant to Section 314(a) of the Workers’ Compensation Act, when an employee’s physician attends an employer-requested physical examination, the employee is entitled, at employee’s expense, to have a health care provider of his or her own selection participate in such examination. Participation is limited to attendance and observation.

Daniel J. Siegel, a Havertown, Pa. attorney, founded Integrated”>http://www.itsllconline.com@”>Integrated Technology Services. To subscribe or contact Dan Siegel go to Daniel”>http://www.danieljsiegel.com@”>Daniel J. Siegel.com or email Subscribe.

 
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Why you should consider using a mortgage broker

23 Jan

Mortgage rates and fees vary from lender to lender, and it’s not always easy to compare all the details to find the best deal. Mortgage brokers help consumers sort through all those details and find the best mortgage solution possible, often through resources and connections that an ordinary consumer does not have access to. Using a broker can save both time and money. The broker is very familiar with the industry, and can be a valuable asset to a home buyer looking for a good deal on a mortgage. In addition to having substantial connections, the broker will have good insight into the process and how best to qualify. The broker will often have close connections with lenders, who view a good broker as a valuable customer and will sometimes make special rates or discounts available to brokers that are not available to the general public because of this leverage.


Because mortgage brokers make the process simpler for their customers, many loans in Australia are initiated by brokers. There are many reputable brokers in every state. Choose one with a good reputation and that is in good standing with the Mortgage Industry Association of Australia (http://www.miaa.com.au), a self-regulating body that imposes a set of ethical best practices on all of its members.


Look for an independent and unbiased broker. Of course, one expects a broker to receive a commission for their services, but some brokers attempt to sell mortgages with high fees that are not in the consumer’s best interest, in order to receive higher commissions. The Australian Securities and Investments Commission (http://www.asic.gov.au) has cracked down on brokers that advertise that they are impartial when they are not. The ASIC recommends that if a consumer plans to use the services of a broker, to first look around to get an idea of existing rates, to be informed enough to know if they are receiving a good deal.


In the past, there has been some reluctance to use mortgage broking services because of the lack of regulation. Financial services of all types tend to be heavily regulated, and for good reason. Consumers must be protected against unscrupulous and predatory operators. And make no mistake, there are predatory mortgage brokers, just as there are predatory members of every segment of the financial community. Nonetheless, most are honest and provide a useful service. And more recently, there has been significant attention on the mortgage broking industry, and Australia is in the midst of a regulatory overhaul designed to keep mortgage brokers on an even keel.


Presently, the mortgage broking industry is regulated by individual states. Check with your local government regulatory agency to determine qualifications, and check on your broker’s status. In a report to ASIC, The Consumer Credit Legal Centre (http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/finance_mortgagebrokers_report.pdf/$file/finance_mortgagebrokers_report.pdf) highlighted some of the differences between states. NSW, Victoria, ACT and Western Australia have more specific broker legislation, but not all states have a licensing scheme for brokers. National regulation would impose stricter regulations throughout the country, to ensure that consumers are protected. In the current regulatory environment, brokers are even more aware of their need to operate above-board and honestly.

Luis Gonzalez is a mortgage broker specialising in helping Australian homebuyers find the right mortgage. For more information visit MortgageMall (http://www.mortgagemall.com.au).

 
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EUROPE – A POLITICAL CEMETERY

22 Jan

EUROPE AN UNHEALTHY CONCEPT

or A Pharaonic Folly

No one can deny that the subject evokes a considerable amount of heated discussion anywhere today from within and outside the so called Union. Much is based on an instinctive urge to flee from its implications and the lowering of social standards since its inception. The grandiose idea of a united system of cultures identified with a common cause, was what was originally put forward. It was full of benefits like a more spohisticated democratic concept and the raising of living standards. Those who visualized the power of the masses in a context that challenged the very might of the USA and the Asian Giants would appear to have been looking elsewhere when they formulated these conclusions. It appeared to make sense from a national security point of view and perhaps even from a very long term economic one, but socially, culturally and economically it is turning out to be a potential Hindenberg. The level and variety of taxation geared to improving what appears to be myriads of minor issues which plagued Britain through its Unions in the sixties and the wanton waste that this new bureaucracy has been flaunting, guarantees failour. But then perhaps, the whole idea is centred around a pampered superclass that lives in and around the giant multinationals, political skim offs and liberal expense accounts. Perhaps, perhaps,…but even more dangerously so, the average citizen is being driven further away from his customary political powers and entrepreneurial effort is being squashed under cold and uncooperative banking systems. Systems which are consciously against support of effort in most European countries and especially in the Latin countries which appear to be only interested in deposits to be unskillfuly played around with. Despite European directives and support, the small and medium sized companies have seen this supprt not only denied but reduced by previous standards. Europe it seems is but a vision of a multinational Shangrilah with a shackled mayority paying for it to the point of destitution. The frightening aspect of this is, that public cooperation is being extracted with standard torture tactics. The same inquisitor, the same circumstances, the same indirect threats and always, the brainwashing vision of a new paradise in store. If it were not something so close to home, one could almost imagine it was some sort of cult.

Initial sounds of warning ignored.

Loud words indeed from a bureaucratic point of view but it is from this aspect that the colossal edifice begins to radiate signs of stage scenery covering real, unpublished intentions. The nations of Europe in the first instance, like Britain, Germany and France whose distinctive cultures and power aspirations have over the centuries produced, long, bloody and expensive wars, have little if anything in common with the later, less successful entrants to the scene. The Scandinavian Bloc itself with its high social standards but poor economies, short of a dissenting territory like Norway, made it clear from the start that it was particularly sensitive to the entry of Meditteranean states, whose cultural and political stances were not immediately acceptable. The fear that they would drain the Union resources with traditional, little will to change, raised a spectre that kept these entries at bay for a while. The idea of working alongside these, was not a palatable one and time has proved that caution should not have been thrown to the wind so lightly in the name of size, wrongfully associated with strength. Practically every cent of contribution by the main three leaders of the exercise, have gone to those countries whose systems of political management and economic control have remained technically unchanged and wedged in power structures that are difficult to determine whether they are communistic or fascist in so far as the pressures on the average citizens are concerned. Incomprehensibly inefficient push button judiciaries and arrogant judges demonstrating rights above the spirit of the law, draw in millions of disconcerted citizens who face fines and punishments reminiscent of other similar types of corrective pressures in countries like the Soviet Union or China. The percentage of citizens who have been before a Judge or Magistrate at one time or another in the Meditteranean states, is similar to the figures of the old eastern block. Even tourists who bring in the major export income, find themselves in these primitive court rooms answering to charges that often border on the ridiculous. Today, despite the billions spent and mainly wasted on these states, the idea still pervades the local institutions that progress rests on the creation of powerful monopolistic entities designed to pursue Utopian national identities rather than forge a fair and welfare oriented society. The average family rests on borderline security which for some is not even there at all. Poverty and malnutrition is strongly visible in these societies where fear of the obscene cost of lighting and heating is bringing back perversive diseases. Work is denied to most families and creative entrepreneurial talent discouraged through abuse of Union protective legislation which in the main is thought of as opportunity by the infamous Ministries and labour courts to increase the already onerous taxation based on crippling fines. These have direct access to bank accounts which they use at will and confiscate properties worth millions to ensure the payment of these technically illegal sanctions against which no unsuspecting employer has within the short time allocated, the capacity to fight. Corruption, is rife throughout within these societies. The number of cases of fraud against European funding occupies thousands of judicial employees daily but corruption is also very present in the law enforcement agencies with particular reference to municipal, badly selected entrants, of the worst hollywood variety who harass those they instinctively dislike or appear to be better off then themselves. Recently in one of these member states, a large proportion of these hapless merchants were collectively raked in to answer to their criminal activities. It is worrying when one considers to what extent and for how long, thousands of innocent or weak citizens have borne the yoke or even bullets of these sick contributors to public disorder.

An insensitive structure and imposed leaders.

The public relations funding required to drag the electorate away from its negative appraisal of the Union, is probably more than the the usual, three, contributive countries, will be able to raise within their own now poorer, economic platforms. The essence of the matter is that whilst bureaucratic administration has become an end in itself (and a prohibitively expensive one) even at national levels, the overriding crust of the so called coordinating forces at Supranational level allocates itself an ever increasing amount of personal income. This further discourages the efforts of the small and medium sized companies which provide the bulk of the national wealth of the member states. Internal communications problems within the Union are already visible. Trying to find the appropriate detpartment or attempting to place a serious complaint against their own national authorities is a nightmare of expensive phone calls against a 902 number style operators whose lingual understandings do not often go beyond rustic French and broken English. Standard, robotic responses followed up by supposedly helpful emails pointing to the ridiculous, inundated Ombudsmen smack of Babel, rather than of future champions of public rights. Image and presence are factors which are also alienating opinion away such a relationship. The top gesticulating figures are visibly of minor consequence, who in the main were not able to do much in their own countires during their own periods of high office there. The thought of these people who do not match the required statesmanship levels of the highly developed societies of Europe, will guarantee that the Union will be no more than a dream along the lines of previous attempts. The endless (and childish) photographic group sessions endlessly captured by the cameras and doled out to the yawning viewers, is but an aspect of what is now seen as a hopeless merry go round of deluded and unimpressive puppets, in the hands of economic forces well beyond their capability to comprehend or influence. It also amusingly, creates the impression that there appears to be no one at the helm back home.

Many years after the first consolidating changes were made and the lenient distribution of British, French and German tax payments were ladled out to the diametrically opposed lower Meditteranean democracies, the light in the tunnel appears to be switched off. Additonally, the systems behind the scenes continue to be as archaic and undemocratic as they were pre second world war and whilst the signs of cooperation appeared to be positive, they now wane when the one way funding, lessens its flow. In fact, it is not difficult to deduce, that the leopard does not change its spots that easily whilst the Eduropean administrators and fickle purse managers, despite press clamour, have conveniently looked (and continue to do so), the other way. The reason, it would seem, is not because of ingenuity, but because other, more political and less socially oriented ambitions, are at stake. Bluntly, it seems to consist of mere concentration of power and the sort of economic strength that favours the few (in their supposed support of the interest of the many). This type of top heavy economic system favours fast economic responses to outside challenges and committments which public interests would normally shun. Hardly a password to democracy and ethical values. All the signposts point to 1984 and if only for that reason, despite bankruptcy in the process, it has to be stopped and a massive NO said to direct rule from this ridiculous quango,

Crushing effects of immoral levels of taxation.

Europe is long in coming, some would say, in addressing the positive issues of a united, cosmopolitan, commonwealth of nations. In fact, it has hardly moved in that direction at all since the EEC was launched and promises to do so, are subject always to an eye on future taxation, never to policy changes. Real, family, business and human rights needs will forever, it would seem, remain on second priority listing, if at all, whilst it dents the public capability of absorbing its paperwork costs. Wasted efforts which have never been followed through and unchecked funding has put paid to the dream. Fiscal pressure is already far too intense with the creation of a veritable bureacratic army ready to defend its own vested interests and acquired powers.

The recession has made individual states more maleable from the point of view of vulnerability and therefore now deemed likely to support so called futher moves towards the new Canaan. Whether such a thing actually exists, is far from clear but hammering out resistance during stressful times, works better it seems, if reluctant Ireland is anything to go by. What most Europeans yearned for however, was the complete opposite of that delivered – a replacement of all the things about their own countries that they resented and the vision of a wide expanse of landscape through which each and every member could walk, work and feel at home in. None of these things are true of the countries of modern Europe and in some, the very presence of European foreigners is barely tolerated. European Commission naievity in this respect has not gone unnoticed and newspaper letters have more than adequately reiterated this prime concern. Some countries even deter the employment of other european nationals and particularly the professionals who bring in their own, often higher, standards. The undesirable public image of the would be leaders who mean little to most is also a cause for concern and the rotating principle of national leaders ensures that most take little if any interest in European affairs. If ever anything came close to the real meaning of anything put together by a committee, Europe most definitely qualifies. Few could stomach the thought of an overriding Mao Tse Tong figure of the likes of pompous Barroso or empty Blair. The world is moving away from such visions of authority and today, the emphasis is on cooperative rather than vertically structured societies surmounted by power assignees of doubtful origins. Internet would probably not survive their attempt to ensure that people succumbed to their charms.

Europe threfore from the layman point of view, is not a clear exercise of aspired social needs at every level of the happily or grudingly accepted local, national offer. Whilst the political and banking scene has never quite endeared itself, it has now reached levels of rejection that can only have serious consequences with respect to any attempt to reproduce them with European magnitude. The matter of a European President therefore, is probably much more disconcerting and dangerously destabilizing than many of the hopefuls of the upper European echelons would appear to suggest. Repressive government by the back door is not even on the menu, as far as the average European is concerned. Less so, when the appointees to the senior posts are pushed to the foreground by unseen hands and quality by intensive public selection of genuine talent is ignored. If Europe were to have such a thing as a President and a real government responsible to the people, it would need statesmen drawn from the ranks of the charismatic, intelligent and successful with a heart bigger than all of those thing put together.

No guts for real social reform.

Aspects of Europe which are difficult to reconcile are beginning to foster doubts as to the nature of the animal. Continuing, low economic performance of some member states at the expense of the rest has been tolerated to the point of patronage, whilst seemingly obvious to all, that cultural and political resistance is at the bottom of it. Sensitive issues like human rights, contamination, and jingoistic approach to outside investments, plague the scenery. Some of these poorly educated societies are likely never to aspire to changes in their social structures – the well entrench few will make sure of that. Some are already blaming Europe for their own, predictable and shocking unemployment figures. Some are even considering that a return to their currencies could have saved them from the ravages, despite the very opposite being true. The real powers behind the throne in these un-european “kept” societies, are very difficult to define and their politicians pay lip service to party ideologies that disappeared with the fall of the Berlin Wall.

Two party systems defy democracy itself and also point in the direction of a one party Europe. Thereby hangs the reluctance which subconscious appreciation of the threatening emerging power structures, produces, understandably, in the hunted human animal.

Parliamentary correspondentage at 15. Royal touring writer. Agency Commonwealth writer Publisher Britain’s first trade journal for drivers. Travel writer and millionaire businessman, hotelier, restauranteur. Contributor to Holy Blood and Holy Grail. Messianic Legacy. Sword and the Seal. Articles published in wide variety of British and Commonwealth Journals. Author Al Andalus * a trail of discovery. Lulu

 
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Bush Administration Claims U.s. Military Can Police American Citizens

21 Jan

BY MICHAEL WEBSTER: Syndicated Investigative Reporter: Dec 18, 2008 at 12:30 PM PST

The Bush administration claims that the use of the military to support civil authorities stems from core national values as expressed in the Constitution. Article I, Section 8. It states, “Congress shall have power… to provide for calling forth the Militia to execute laws of the Union, suppress Insurrections, and repel Invasions.” Article II, Section 3 states the President, “…shall take care that the Laws be faithfully executed.” The 10th Amendment reads, “The powers not delegated to the United States by the Constitution, nor prohibited by it, are reserved to the States respectively…,” providing the basis that Federal government support, including DoD assistance, is provided in support of State and local authorities.

According to Gerry J. Gilmore of “Family Security Matters reports that Pentagon officials have established a new rapid-response joint task force and plan to create two more in coming years to bolster assistance to civil authorities following potential chemical, biological or nuclear attacks or natural disasters, a senior U.S. official said.

These new units will team with other federal agencies in support of local responders following chemical, biological or nuclear terror attacks on the homeland or during natural disasters, Paul McHale, assistant secretary of defense for homeland defense and Americas’ security affairs, told reporters recently.

The establishment of the new units “builds upon a decade of improving [Defense Department] capabilities to deal with a domestic terrorist attack involving a weapon of mass destruction,” McHale said.

The first new 4,700-member task force was assigned to a component of U.S. Northern Command on Oct. 1, 2008 McHale said. The new unit, he said, is built around a core of active-duty soldiers from the U.S. Army 3rd Infantry Division’s 1st Brigade Combat Team based at Fort Stewart, Ga. This task force, he said, falls under the control of Northcom’s Joint Force Land Component Command, U.S. Army North, in San Antonio. Commanded by

Plans are to stand up the other two new joint task forces in 2010 and 2011, respectively, McHale said. These units, he said, mostly will comprise reserve component personnel from all the military services.

Each task force will be capable of performing tasks such as medical response, decontamination, technical rescue, patient evacuation, and communications and logistics support, to include air and land transportation assets for transport of supplies, people and equipment, according to U.S. Army North documents.

The task forces would be ordered into action by the president, McHale said, following requests for disaster-relief assistance from state governors.

The Bush administration indicates that the President is authorized by the Constitution and Title 10 (10 USC 331–334) to suppress insurrections, rebellions, and domestic violence. After issuing a Cease and Desist Order, the President issues an executive order that directs the Attorney General and the SECDEF to take appropriate steps to disperse insurgents and restore law and order. The Attorney General is then responsible to coordinate the federal response to domestic civil disturbances. The restrictions of the Posse Comitatus Act no longer apply to federal troops executing the orders of the President to quell the disturbance in accordance with Rules of the Use of Force (RUF) approved by the DoD General Counsel and the Attorney General.

Even though McHale said, the new units do not conduct law-enforcement missions. And further stated in the event of civil disturbances and some other types of national emergencies, other designated U.S. military units could be ordered by the president to help civil authorities establish order as part of the Garden Plot domestic security plan. However the USNORTHCOM Concept Plan (CONPLAN) 2502 (Civil Disturbance Operations), is the plan for supporting state and local authorities during civil disturbances. This plan serves as the foundation for any CDO operation and standardizes most activities and command relationships. Tasks performed by military forces may include joint patrolling with law enforcement officers; securing key buildings, memorials, intersections and bridges; and acting as a quick reaction force. The JTF commander, a general officer, coordinates all DoD support with the Senior Civilian Representative of the Attorney General (SCRAG). DoD will usually establish a JTF headquarters near where the Attorney General’s local representative is based.

Garden Plot is the DoD Civil Disturbance Plan, the generic Operations Plan [OPLAN] for military support related to domestic civil disturbances. The department of the Army Civil Disturbance Plan (DA GARDEN PLOT), is the governing publication for planning, deployment, employment, and redeployment of federal military resources involved in countering domestic civil disturbances. Military assistance to Federal, State, and local government (including government of U.S. territories) and their law enforcement agencies for civil disturbances and civil disturbance operations, including response to terrorist incidents, are referred to cumulatively as “Military Assistance for Civil Disturbances (MACDIS).”

The DoD Strategy for Homeland Defense and Civil Support (2005) defines Defense Support of Civil Authorities (DSCA) as, “DoD support, including federal military forces, the Department’s career civilian and contractor personnel, and DoD agency and component assets, for domestic emergencies and for designated law enforcement and other activities.” It notes that DSCA is also often referred to as Civil Support. There has been discussion in some DoD offices of distinguishing between the two terms: Civil Support as a total force construct with DSCA involving Federal support only and not include the National Guard in Title 32 or State Active Duty status. But as of 2008 they remained essentially synonymous.

Civil disturbances are riots, acts of violence, insurrections, unlawful obstructions or assemblages, or other disorders prejudicial to public law and order. The term civil disturbance includes all domestic conditions requiring or likely to require the use of Federal Armed Forces pursuant to the provisions of Chapter 15 of Title 10, United States Code.

The Posse Comitatus Act of 1878 (PCA), subsequent amendments and policy decisions prohibits the use of federal military forces (to include Reserve forces) to perform internal police functions. PCA thus restricts the type of support DoD can provide domestic law enforcement organizations. There are a wide variety of exceptions to the PCA and the law essentially gives the President all the authority he needs to employ DoD forces inside the U.S. although there may appropriately be political consequence that would inhibit such employment.

The term posse comitatus [po.si komitei.tAs, -tius , [med. (Anglo) L., force of the county: see prec. and county.] applies to the ‘The force of the county’; the body of men above the age of fifteen in a county (exclusive of peers, clergymen, and infirm persons), whom the sheriff may summon or ‘raise’ to repress a riot or for other purposes; also, a body of men actually so raised and commanded by the sheriff.

In the United States the posse comitatus was perhaps most important on the Western frontier (there known as a posse), but it has been preserved as an institution in many states. Sheriffs and other peace officers have the authority to summon the power of the county. In some counties it is a crime to refuse assistance. In general, members of a posse comitatus have been permitted to use force if necessary to achieve a posse’s legitimate ends, but state laws differ as to the legal liability of one who in good faith aids an officer himself acting beyond his authority.

Congress sought to terminate the prevalent use of federal soldiers in civilian law enforcement roles in the South during the Reconstruction Period following the Civil War. The Posse Comitatus Act of 1878 created general prohibition against use of military personnel in civilian law enforcement. The most renowned statutory exception has been traditionally referred to as The Insurrection Acts (10 USC 331–334) that were modified and renamed to Enforcement of the Laws to Restore Public Order by the 2007 National Defense Authorization Act (NDAA). The new language clarifies Presidential authority to invoke the acts for situations resulting from natural disasters and other emergencies.

Military resources may be employed in support of civilian law enforcement operations in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. territories and possessions only in the parameters of the Constitution and laws of the United States and the authority of the President and the Secretary of Defense, including delegations of that authority through this Directive or other means.

The primary responsibility for protecting life and property and maintaining law and order in the civilian community is vested in the State and local governments. Supplementary responsibility is vested by statute in specific Agencies of the Federal Government other than the Department of Defense. The President has additional powers and responsibilities under the Constitution of the United States to ensure that law and order are maintained.

The mission at NORTHCOM is to anticipate events in the homeland and to be prepared to respond, to either prevent the attacks or defeat them if they occur and then to mitigate the consequences of those attacks should they occur. In addition, NORTHCOM has a secondary mission to provide defense support to civil authorities. It’s an old mission that the Army used to lump together under the Garden Plot scenario, in that there was always a brigade that was prepared to respond to civil disturbances.

“Our job at NORTHCOM is to ensure that if there’s a seam or a gap there that we’re thinking of how we could fill that with some other capability out of” the Defense Department “What that has forced us to do it is think about, ‘How do you solve that time/distance problem, even on a short-notice event. And so I have access to capabilities now that I didn’t have a year or two ago that I can move very quickly to fill that need. said Gen. Victor E. Renuart Jr., commander of United States Northern Command and the North American Aerospace Defense Commander.

“For example, if there were something that occurred in the El Paso area that the Texas National Guard might not have a capability immediately available to respond, but Fort Bliss did in an active-duty unit, then I would pull that active-duty unit out and make that available to the state to assist.”

They are being staged and immediately available as emergency  “on call” units for use against terrorist threats on the nation’s border and local disasters, said Gen. Renuart Jr.

Possibly the greatest challenge will be to support National Guard and reserve forces feeling the strain of repeated deployments that also have depleted equipment supplies. Guard units respond to natural disasters as well as bridge collapses and other human-caused incidents Renuart said.

The Coast Guard, as well as the other Services, is required to maintain support plans. GARDEN PLOT is the name applicable to such service plans. Standard Operating Procedures (SOPs) of operational commanders should reflect guidance herein. Military assistance to civil authorities is a peacetime matter, not to be confused with military support of civil defense (MSCD), which is a wartime function.

DOD task force operations to quell civil disturbances off military property can be initiated only by Presidential order. Cases of such initiation in the past occurred during the urban political and racial unrest in the Vietnam era when federal troops were deployed on a number of occasions. GARDEN PLOT operations may include terrorist incidents, though the FBI, not the Army, will then be the lead agent. In the event of civil unrest upon the high seas and waters subject to the jurisdiction of the United States, where in the Coast Guard has standing statutory responsibility, Coast Guard units will in all likelihood be legitimately involved in law enforcement operations well before any Presidential invocation of civil disturbance plans. The Coast Guard character for law enforcement and cooperation with civil authorities is much broader than that of DOD services. DOD services are subject to law enforcement restrictions that are not applicable to the Coast Guard.

Cooperation with other services in GARDEN PLOT operations is paramount and requires particular understanding of task force constitution and chains of command. Civil disturbance planning cannot be deliberate in that force mix and locales are obviously indeterminate. Guidance herein will provide a basis for Coast Guard participation and related area and district supplemental instructions or other directives. Actual Coast Guard participation will in all likelihood be the logical extension of traditional law enforcement functions.

The Insurrection Act permitted the President to call the militia into Federal service to suppress insurrections and to enforce the law, including when State authorities were unable or unwilling to secure the Constitutional rights of their citizens. Rarely in U.S. history has this authority been employed. In fact, the National Guard has been federalized under the provisions of the Insurrection Act only ten (10) times since World War II.

It is believed by critic’s and other patriots that the U.S. Government plans to exercise these options and imprison citizen decedents.

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3 #12 Seeds Upset #5 Seeds as the 2009 March Madness Tournament Begins

20 Jan

Copyright © 2009 Ed Bagley

Fourteen top-four seeded teams made it to the Sweet 16 and three #12 seeds upset #5 seeds during the first two rounds of the 2009 NCAA Basketball Tournament March 19-22.

Advancing to the Sweet 16 to continue their March Madness bids were #1 seeds Pittsburgh, Connecticut, North Carolina and Louisville, #2 seeds Duke, Memphis, Oklahoma and Michigan State, #3 seeds Villanova, Missouri, Syracuse and Kansas, and #4 seeds Xavier and Gonzaga. Only #4 seed Wake Forest was eliminated by #13 Cleveland State and #4 seed Washington was eliminated by #5 seed Purdue.

The three #12 seeds that pulled off upsets of #5 seeds included Wisconsin over Florida State, Western Kentucky over Illinois and Arizona over Utah. Other upsets included #11 Dayton over #6 West Virginia, and #10 Michigan over #7 LSU. Only one game went into overtime as #9 Siena eliminated #8 Ohio State in double overtime.

There were two horrific blowouts as #1 Connecticut swamped poor #16 Chattanooga by 56 points, 103-47, and #1 North Carolina made short work of #16 Radford by 43 points, 101-58. Connecticut ripped #9 Texas A&M by 26 (92-66) in its second contest.

Besides Siena’s double overtime win over Ohio State, 6 other teams won games by a basket or less. They included Wisconsin, UCLA, Oklahoma State, Marquette, Purdue and Gonzaga. Only Purdue would make it to the Sweet 16.

Only one double digit seed–#12 Arizona—would make it into the Sweet 16. When you add up all 16 seeding spots, the total of 49 set a record for the lowest ever, besting the prior record of 50 set in 1989.

The place top-seeded teams fared worst this year was the Midwest Regional which saw #4 Wake Forest, #5 Utah, #6 West Virginia, #7 Boston College and #8 Ohio State get eliminated in their first game.

The Big East became this year’s elite conference with an NCAA-record 5 teams among the final Sweet 16: Louisville, Connecticut, Pittsburgh, Villanova and Syracuse. North Carolina also tied Kentucky for the most NCAA tournament victories (98) with its win over LSU.

Here are the 2009 NCAA Tournament Sweet 16 Regional Semifinal Match-Ups:

East Regional:

#1 Pittsburgh versus #4 Xavier – Thursday, March 26

#2 Duke versus #3 Villanova – Thursday, March 26

West Regional:

#1 Connecticut versus #5 Purdue – Thursday, March 26

#2 Memphis versus #3 Missouri – Thursday, March 26

South Regional:

#1 North Carolina versus #4 Gonzaga – Friday, March 27

#2 Oklahoma versus #3 Syracuse – Friday, March 27

Midwest Regional:

#1 Louisville versus #12 Arizona – Friday, March 27

#2 Michigan State versus #3 Kansas – Friday, March 27

So who will make it to the Elite 8?

Consider these cold, hard historical facts:

1) When you know that no team less than a #4 seed has won the championship for 20 straight years, you might want to eliminate #5 Purdue and #12 Arizona.

That leaves #1 seeds Pittsburgh, Connecticut, North Carolina and Louisville, #2 seeds Duke, Memphis, Oklahoma and Michigan State, #3 seeds Villanova, Missouri, Syracuse, and Kansas, and #4 seeds Xavier and Gonzaga.

2) Only three of the #1 seeds are likely to advance to the Final 4 since only 70% of #1 seeds advance into the Elite 8. The odds say that either Pittsburgh, Connecticut, North Carolina or Louisville will not make it among the Elite 8.

3) Amazingly, only one or two of the #1 seeds have made it to the Final 4 in 18 of the last 24 years. Last year was an exception as ALL four #1 seeds made it into the Final 4 for the first time ever.

Morehead State eliminated Alabama State 58-43 in the play-in game for the 64th slot in the tournament.

Here are the 2009 NCAA Tournament First Round Results:

East Regional:

#1 Pittsburgh eliminated #16 East Tennessee State 72-62

#2 Duke eliminated #15 Binghamton 86-62

#3 Villanova eliminated #14 American University 80-67

#4 Xavier eliminated #13 Portland State 77-59

#12 Wisconsin upset #5 Florida State 61-59

#6 UCLA eliminated #11 Virginia Commonwealth 65-64

#7 Texas eliminated #10 Minnesota 76-62

#8 Oklahoma State eliminated #9 Tennessee 77-75

West Regional:

#1 Connecticut eliminated #16 Chattanooga 103-47

#2 Memphis eliminated #15 Cal State Northridge 81-70

#3 Missouri eliminated #14 Cornell 78-59

#4 Washington eliminated #13 Mississippi State 71-58

#5 Purdue eliminated #12 Northern Iowa 61-56

#6 Marquette eliminated #11 Utah State 58-57

#7 California eliminated #10 Maryland 84-71

#9 Texas A&M eliminated #8 Brigham Young 79-66

South Regional:

#1 North Carolina eliminated #16 Radford 101-58

#2 Oklahoma eliminated #15 Morgan State 82-54

#3 Syracuse eliminated #14 Stephen F. Austin 59-44

#4 Gonzaga eliminated #13 Akron 77-64

#12 Western Kentucky upset #5 Illinois 76-72

#6 Arizona State eliminated #11 Temple 66-57

#10 Michigan upset #7 LSU 62-59

#8 LSU eliminated #9 Butler 75-71

Midwest Regional:

#1 Louisville eliminated #16 Morehead State 74-54

#2 Michigan State eliminated #15 Robert Morris 77-62

#3 Kansas eliminated #14 North Dakota State 84-74

#13 Cleveland State upset #4 Wake Forest 84-69

#12 Arizona upset #5 Utah 84-71

#11 Dayton upset #6 West Virginia 68-60

#10 Southern California eliminated #7 Boston College 72-55

#9 Siena eliminated #8 Ohio State 74-72 in Double Overtime

Here are the 2009 NCAA Tournament Second Round Results:

East Regional:

#1 Pittsburgh eliminated #8 Oklahoma State 84-76

#2 Duke eliminated #7 Texas 74-69

#3 Villanova eliminated #6 UCLA 89-69

#4 Xavier eliminated #12 Wisconsin 60-49

West Regional:

#1 Connecticut eliminated #9 Texas A&M 92-66

#2 Memphis eliminated #10 Maryland 89-70

#3 Missouri eliminated #6 Marquette 83-79

#5 Purdue eliminated #4 Washington 76-74

South Regional:

#1 North Carolina eliminated #8 LSU 84-70

#2 Oklahoma eliminated #10 Michigan 73-63

#3 Syracuse eliminated #6 Arizona State 78-67

#4 Gonzaga eliminated #12 Western Kentucky 83-81

Midwest Regional:

#1 Louisville eliminated #9 Siena 79-72

#2 Michigan State eliminated #10 Southern California 74-69

#3 Kansas eliminated #11 Dayton 60-43

#12 Arizona eliminated #13 Cleveland State 71-57

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Travel Insurance and Swine Flu: The Basics

19 Jan

The swine flu outbreak has affected a huge amount of holidaymakers across the globe. Indeed, having officially reached pandemic status, the virus has meant that many individuals have had to cancel holiday plans, return home early from their trips or are simply being turned away from the airports. That’s why it’s essential, if you’re planning to go abroad, to secure an appropriate travel insurance policy.

Swine flu is being treated by insurers in the same way that any other illness is. Therefore, if you’ve booked your holiday but are unable to go because you have contracted the virus, it is possible to recover the cancellation costs. However, you should ensure that you follow the correct procedures to avoid falling foul of your insurer’s terms and conditions.

According to the insurance experts, the most important thing you need to do is take out a travel insurance policy that includes cancellation or curtailment costs and one that doesn’t have a pandemic exclusion. Consequently, it is vital to thoroughly read all the policy’s terms and conditions. And, if you have any doubts or further questions, make sure you speak to your insurer.

Your insurance coverage should also state what you’re expected to do in the event that you do contract swine flu. Generally speaking, you must provide a valid medical certificate and/or documentation of any anti-flu drugs administered. If you are turned away at the airport because the airline believes you’re not fit enough to fly, you should also try to get a written confirmation from them. It is important to note here that every insurer is different, and, as a result, it is vital that you understand exactly what you need to do to make a legitimate claim.

Additionally, you will not be insured for swine flu if you take out travel insurance when you already have the virus. In this sense, it can be a good idea to secure a policy as soon as you book your holiday, in order to ensure that your coverage is valid.

As with any trip abroad, it is important to read up on where you’re going and this is no different with swine flu. Companies like the World Health Organisation and the Foreign and Commonwealth Office are great sources of information and provide the most up-to-date travel advice available. Subsequently, before you head off, make sure you are aware of the status of the country in relation to any restrictions or warnings: ignoring such advice, could invalidate any insurance claim you may have to make.

Obtaining an appropriate level of travel insurance whenever you go away is advisable. This is due to the fact that it can protect you financially should something go wrong, like losing your luggage or having personal items stolen. However, it becomes even more essential when there is a pandemic like swine flu around, which could affect your chances of going away and heavily impact upon your finances.

Adam Singleton writes for a digital marketing agency. This article has been commissioned by a client of said agency. This article is not designed to promote, but should be considered professional content.

 
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CWG 2010 Delhi : Rejuvenated for perfect event delight

18 Jan

Delhi, the capital of India is hosting nineteenth edition of Common Wealth Games in October 2010.  The Games are planned in between 3rd October to 14th October 2010. The multi sports event will be largest after 1951 and 1982 Asian Games in India.  This is the first time that Common Wealth Games are happening in India. Taking motivation from the Beijing Olympics, the Delhi government is planned to emphasis on environment friendly conservation.  In the view of this Delhi administration planned to run hybrid public transport. Most commonly buses in this city will run on CNG and electric energy that are stationed to carry Athletes and spectators.  Beside this two-wheeler and battery operated eco friendly cars will also be introduced by the authority.

To rejuvenate this beautiful city the authorities here are planning to restore the prominent monuments for the tourists. Historically the city has numbers of famous infrastructure that are now taking into account after much hyped CWG 2010. Delhi has splendid and royal past places like Qutub Minar, Red Fort, Rajpath, India Gate etc. Beside this, shopping destinations like Chandni Chowk and Connuaght Place are being polish to offer visitors healthy shopping environment.

To offer tourist comfort accommodation the administration in Delhi possesses number of economical and luxury hotels around the city. Each and every budget hotel is well equipped with basic facility including traveling facility. The city is also famous for it’s varied food items and is all set to deliver its visitors best localized state’s food to international cuisines.

XIX Common Wealth Games will feature 17 sports. Delhi will watch 17 different category sports including Aquatics, Archery, Boxing, Gymnastics, Hockey, Badminton, Shooting, Table Tennis, Squash and many more. The competition schedule was approved by the CGF General Assembly. Though the schedule is already listed is subjected to change that will be announced before the booking of the tickets. The opening ceremony will be held in Jawaharlal Nehru Stadium. The city is rapidly converting itself for the most eagerly waiting CWG2010Delhi games. This will again get replenish under this memorandum. Sport lovers keep their eye for initial booking to be the part of these games.

Ila Singh has interest in the field of latest occurring and writes articles on recent issues, most commonly related with sports and happening around the world. She research related matter and gather relevant information for your use. To find more about current topics, please visit her account. For more information please click: CWG2010Delhi

 
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