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Joseph RICO, Appellant, v. Mary LEFTRIDGE-BYRD; The District Attorney of the County of Philadelphia; The Attorney General of the State of Pennsylvania.
OPINION OF THE COURT
The issue before us is whether the Pennsylvania Supreme Court's decision upholding Joseph Rico's conviction and sentence against a Batson challenge based on the prosecutor's use of peremptory challenges to strike Italian-American prospective jurors was contrary to, or an unreasonable application of, clearly established federal law as determined by the Supreme Court of the United States.1
On February 21, 1992, Joseph Rico was convicted by a jury in the Court of Common Pleas of Philadelphia County of first-degree murder and criminal conspiracy, and was sentenced to life imprisonment. Rico filed post-sentence motions, one of which invoked Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), alleging that the prosecutor exercised seven of his twenty peremptory challenges against Italian-American prospective jurors in violation of the Equal Protection Clause. Rico, we note, is not Italian-American but, for reasons of which we are not aware, changed his surname from Gavel to Rico. The trial court denied relief, as it had during jury selection, finding that no discrimination had occurred. Commonwealth v. Rico, Cr. No. 3022-3027, slip op. (Pa. Comm. Pleas Ct. Jul. 29, 1994).
Rico appealed to the Superior Court, again complaining that the prosecutor used his peremptory challenges to strike jurors of Italian descent in violation of Batson. The Superior Court agreed as to all but two of the struck jurors, reversed Rico's convictions, and granted him a new trial. Commonwealth v. Rico, 443 Pa.Super. 507, 662 A.2d 1076 (Pa.Super.Ct.1995). The Pennsylvania Supreme Court reversed, concluding in an opinion dated April 27, 1998 that the Superior Court erred in rejecting the trial court's factual finding of no purposeful discrimination. The Court remanded for consideration of Rico's prosecutorial misconduct claim which the Superior Court had not found it necessary to decide given its resolution of the Batson issue. Commonwealth v. Rico, 551 Pa. 526, 711 A.2d 990 (Pa.1998). On remand, the Superior Court affirmed the judgment and sentence, and the Pennsylvania Supreme Court denied Rico's petition for discretionary review on October 14, 1999.
Rico filed this petition under 28 U.S.C. § 2254(d), arguing Batson and prosecutorial misconduct. The Magistrate Judge issued a Report and Recommendation, recommending that the petition be dismissed. Rico v. Leftridge-Byrd, Civ. No. 00-4841, slip op. (E.D. Pa. Apr. 27, 2001). On November 8, 2001, the District Court adopted the Report and Recommendation, denied Rico's petition, and denied a certificate of appealability. Rico v. Leftridge-Byrd, Civ. No. 00-4841, 2001 WL 1428351 (E.D.Pa. Nov.8, 2001). We certified only Rico's Batson claim for appeal. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(c)(1), and will affirm.
The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214 (codified at, inter alia, 28 U.S.C. § 2254), circumscribes a federal habeas court's review of a state court decision. Lockyer v. Andrade, 538 U.S. 63, 123 S.Ct. 1166, 155 L.Ed.2d 144 (2003). Under 28 U.S.C. § 2254(d), a federal court must not grant an application for a writ of habeas corpus with respect to a state court proceeding unless the state decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States” or “resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”
In order to satisfy § 2254(d)(1), the petitioner must show either that the lower court's decision was “contrary to” Supreme Court precedent or that it was an “unreasonable application of” that precedent. With reference to the “contrary to” prong, a petitioner must show not “merely that his or her interpretation of Supreme Court precedent is more plausible than the state court's [but] that Supreme Court precedent requires the contrary outcome.” Matteo v. Superintendent, SCI Albion, 171 F.3d 877, 888 (3d Cir.1999) (en banc ) (emphasis in original). Satisfaction of the “unreasonable application” prong requires a petitioner to show that “the state court's application of Supreme Court precedent was objectively unreasonable.” Id. at 889-90. When a federal habeas court is called upon to determine whether a petitioner has made this showing, “mere disagreement with the state court's conclusions is not enough to warrant habeas relief.” Id. at 890.2 A state court decision fails the “unreasonable application” prong only “if the court identifies the correct governing rule from the Supreme Court's cases but unreasonably applies it to the facts of the particular case or if the state court either unreasonably extends a legal principle from the Supreme Court's precedent to a new context where it should not apply or unreasonably refuses to extend the principle to a new context where it should apply.” Gattis v. Snyder, 278 F.3d 222, 234 (3d Cir.2002)(citing Williams v. Taylor, 529 U.S. 362, 407, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000)).
A state court decision based on a factual determination, such as that required under § 2254(d)(2), will not be overturned on factual grounds unless it was objectively unreasonable in light of the evidence presented in the state proceeding. Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 1040-41, 154 L.Ed.2d 931 (2003). We must presume that the state court's determination of factual issues was correct, and the petitioner bears the burden of rebutting this presumption by clear and convincing evidence. 28 U.S.C. § 2254(e)(1); Campbell v. Vaughn, 209 F.3d 280, 285 (3d Cir.2000). A state court's finding of the absence of discriminatory intent is “a pure issue of fact accorded significant deference,” which will not be overturned unless clearly erroneous. Miller-El, 123 S.Ct. at 1040-41 (citation omitted).
The Pennsylvania Supreme Court determined that the applicability of Batson to an ethnic group depends on whether the group is “a cognizable group that has been or is currently subjected to discriminatory treatment” in the community-a question of fact within the sound discretion of the trial court. Rico, 711 A.2d at 994. The Court assumed without deciding that Italian-Americans were a cognizable group subject to the Batson rule and, thus, that Batson was “triggered,” but rejected Rico's Batson challenge based on the trial court's finding that the prosecutor's reasons for the strikes were ethnically-neutral and no purposeful discrimination occurred. Id. at 996.
We turn first to whether the Pennsylvania Supreme Court's application of the Batson rule to Italian-Americans in this jury panel was “contrary to” or “an unreasonable application of” Supreme Court precedent existing at the time. We then must determine whether, if Batson could be applied, the trial court - and, as we put it in Gattis, “ipso facto, the [Pennsylvania] Supreme Court” - failed the “unreasonable determination of the facts” prong of § 2254(d) when it found that the prosecutor did not strike potential jurors from the panel on the basis of their Italian-American status.
A. Was the decision of the Pennsylvania Supreme Court contrary to, or an unreasonable application of, precedent of the Supreme Court of the United States?
In Batson, which involved the criminal trial of a black defendant, the Supreme Court held that in order to establish a prima facie case of discrimination in the prosecutor's exercise of peremptory challenges, the defendant must “show that he is a member of a cognizable racial group and that the prosecutor has exercised peremptory challenges to remove from the venire members of the defendant's race.” Batson, 476 U.S. at 80, 96, 106 S.Ct. 1712 (emphasis added). In Hernandez v. New York, 500 U.S. 352, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991), the Court applied the Batson rule to potential jurors who were bilingual Latinos, with the Court viewing Latinos as a cognizable race for Batson purposes and referring to Latinos as both a race and as an ethnicity.3 In J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), the Court extended Batson to discrimination on the basis of gender. The J.E.B. majority explicitly grounded its decision on its conclusion that the Equal Protection Clause bars peremptory challenges based on gender and, it strongly suggested, on any classification otherwise receiving “heightened scrutiny” under the Clause. See J.E.B., 511 U.S. at 135, 114 S.Ct. 1419.
In 1998, when the Pennsylvania Supreme Court considered the issue in this case, and a fortiori when the trial court even earlier did so, the Supreme Court of the United States had not extended Batson to any European-American ethnicity or to national origin - and still has not done so. The state courts, therefore, correctly concluded that whether Batson extends to the ethnic classification of Italian-American was a question that had not been addressed by our highest Court. As a result, the state courts' consideration, under Batson, of peremptory strikes against Italian-American prospective jurors was not contrary to then-existing precedent of the Supreme Court.
And it certainly was not “objectively unreasonable” for the state courts to have analyzed those strikes under Batson and, when they did so, they did not unreasonably apply Supreme Court precedent.4 Particularly in the years following Batson and until at least 1994 when J.E.B. was decided, lower federal courts struggled to apply Batson and were uncertain whether, and if so, when, Batson could be extended beyond race for, of course, it was only race that was before the Batson Court. In United States v. DiPasquale, 864 F.2d 271 (3d Cir.1988), our first post-Batson foray, we did not answer the question of whether Batson applies to Italian-Americans, but made quite clear that even if Batson was not limited to black Americans or to race, it must at least be shown - a showing much easier said than done - “that persons with Italian surnames ․ constitute a group that has been singled out for differential treatment and has been disparately represented on juries [in the state].” Id. at 277 (emphasis in original). The uncertainty continued when, in Hernandez, the Court appeared to use “ethnicity” as interchangeable with, or as a proxy for, “race.” 5 Indeed, the uncertainty continues to this day with the Court recently stating that under the Equal Protection Clause, “a defendant may not exercise a peremptory challenge to remove a potential juror solely on the basis of the juror's gender, ethnic origin, or race.” United States v. Martinez-Salazar, 528 U.S. 304, 315, 120 S.Ct. 774, 145 L.Ed.2d 792 (2000). What, though, does “ethnicity” or “ethnic origin” mean and how does one define the “cognizable racial group” to which Batson itself referred? 6 And how does one define “race” when the understanding of “race” itself has changed over the centuries? See Saint Francis College v. Al-Khazraji, 481 U.S. 604, 610-12, 107 S.Ct. 2022, 95 L.Ed.2d 582 (1987).
Most trial courts, it appears, fairly quickly learned to avoid having to determine the extraordinarily difficult question of when and where to draw the line. Rather, most courts simply assumed without deciding that Batson has applicability to racial or ethnic groups other than black Americans and then went on to dispose of the Batson issue, most often by finding that the prosecutor had (or had not) offered a race-neutral explanation for a strike sufficient to rebut a defendant's prima facie case.7 The state courts did so here, and courts continue to do so. This makes sense, given the reality that, during the process of selecting a jury, there is little or no opportunity to ponder the extremely difficult questions that any extension of Batson beyond race or gender would present. In the context of this case, for example, how does one even define “Italian-American”? Is an “Italian-American” one who came from Italy and became a United States citizen? Or is it one who is a first - or second - or third generation “Italian-American”? How much “ethnicity” is enough? What of the woman who has no Italian heritage but bears an Italian name because she took the name of her Italian - or “Italian-American” - husband? And, how is one to even begin to know whether a man or woman is “Italian-American” when his or her name is ethnically-neutral or, as in Rico's case, when an ethnically-neutral name has been changed to an Italian name?
Thus, in DiPasquale, for example, we did not “consider the correctness of the district court's determination that the rule of Batson is not applicable to cognizable racial or ethnic groups other than black Americans under any circumstances” because we found no reversible error in the District Court's decision not to order a Batson hearing given that the defendant had failed to establish a prima facie case of discrimination. Id. at 276. Other courts of appeals, in the years immediately following Batson, similarly declined to extend Batson's protections to white ethnic groups absent evidence that the group had been discriminated against. See, e.g., Murchu v. United States, 926 F.2d 50 (1st Cir.1991)(per curiam)(refusing to expand Batson protections to Irish-Americans, absent any allegation or evidence that they needed protection from community prejudices); United States v. Campione, 942 F.2d 429 (7th Cir.1991)(holding that trial court did not err in finding that defendant had not stated prima facie claim under Batson absent evidence that Italian-Americans were a cognizable group subject to discrimination). Batson issues in these types of cases almost invariably failed because of the lack of such evidence.
It was, therefore, not objectively unreasonable for the state courts to consider challenges to Italian American prospective jurors under Batson and, when they did so, they did not unreasonably apply Supreme Court precedent. We, thus, proceed to analyze the basis for the state courts' decisions: the finding that no discrimination occurred in the prosecutor's use of peremptory challenges assuming, as did they, that Batson applied.
B. Did the state courts unreasonably determine the facts?
Rico contends that the prosecutor exercised seven of his twenty peremptory challenges against Italian-American prospective jurors, in violation of the Equal Protection Clause. The trial court determined that the prosecutor had not exercised any of his strikes solely on the basis of the prospective jurors' Italian-American heritage, and the Pennsylvania Supreme Court agreed.
We evaluate a claim under Batson using a three-step process: (1) has the objector established a prima facie case of purposeful discrimination in the exercise of peremptory challenges against jurors of, for example, a particular race?; (2) if yes, did the party defending the challenges rebut the prima facie case by tendering a race-neutral explanation for the strikes?; (3) if so, has the objector carried his or her burden of proving purposeful discrimination, such as showing that the proffered explanation is pretextual. United States v. Milan, 304 F.3d 273, 281 (3d Cir.2002). One way to establish a prima facie case at step one is to show a pattern of peremptory challenges of jurors of a particular race. Batson, 476 U.S. at 96-97, 106 S.Ct. 1712. At step two of this process, the issue is whether the prosecutor's explanations are race-neutral. Purkett v. Elem, 514 U.S. 765, 768, 115 S.Ct. 1769, 131 L.Ed.2d 834 (1995)(per curiam). At step three, “the issue comes down to whether the trial court finds the prosecutor's race-neutral explanations to be credible. Credibility can be measured by, among other factors, the prosecutor's demeanor; by how reasonable, or how improbable, the explanations are; and by whether the proffered rationale has some basis in accepted trial strategy.” Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 1040, 154 L.Ed.2d 931 (2003).
With respect to the first of the seven potential jurors named by Rico, Cathy Roba, Rico did not object to the prosecutor's strike and did not even suggest that she was Italian-American. With respect to the second and third, Enrico Salvatore and Linda Giordano, Rico pointed to nothing except the mere fact of the surnames they bore. We have not permitted a defendant to base a Batson challenge solely on the fact that a potential juror has an Italian surname. DiPasquale, 864 F.2d at 277. The rejection of Rico's Batson claim with regard to the strikes of Roba, Salvatore and Giordano, therefore, was certainly not “objectively unreasonable.”
With respect to the strikes of prospective jurors Mary Tucci and John Taconelli, the trial court accepted as genuine the prosecutor's stated race-neutral reasons, and did not err in so doing. Tucci, it was feared, would not comprehend the facts of the case and Taconelli, who was an unmarried, male, former professional housekeeper, and who demurred when asked if he could be fair and impartial, seemed “rather odd” and “very, very, strange.”
More problematic were the strikes of Vincent Georgi and Susan Bratrolla, and problematic only because the trial court had by then observed that the prosecutor had struck several prospective jurors with what appeared to be Italian surnames. When Rico objected to the strike of Georgi, the prosecutor explained that when he asked Georgi whether organized crime would affect his ability to be fair, Georgi “turned red” and seemed uncertain, and there was fear in his voice and demeanor. The prosecutor added that these factors “in conjunction with his Italian background led me to believe he would not be a juror suitable with this case.” Thus, the prosecutor concluded from multiple factors that Georgi feared the “mob,” and conceded that the fact that Georgi was Italian-American helped him reach this conclusion. The Commonwealth argues, however, that Batson does not prohibit any consideration of a potential juror's race or ethnicity; rather, it prohibits excluding potential jurors based solely on a forbidden category.
The Supreme Court has not yet addressed mixed motives in jury selection. Accordingly, a state court's application of mixed motives analysis in the Batson context would be reviewed under the “unreasonable application” prong of § 2254(d)(1). In considering a § 2254 petition in Gattis, we found that the state court did not act unreasonably in applying mixed motive analysis in the Batson context, in light of the Supreme Court's decisions in J.E.B. and Mt. Healthy City School Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 97 S.Ct. 568, 50 L.Ed.2d 471 (1977).8 Gattis, 278 F.3d at 234. The reasoning of Gattis applies equally here.
Under mixed motives analysis, an action partially motivated by an improper purpose is nonetheless valid if the alleged offender would have taken the same action in the absence of the improper motive. See Mt. Healthy, 429 U.S. at 287, 97 S.Ct. 568. Although the trial court did not explicitly find that Georgi's Italian-American ethnicity was a de minimis motivation for the prosecutor, it accepted as genuine the prosecutor's stated motive for striking Georgi: he seemed afraid of the “mob.” A prosecutor's perception that a juror fears the “mob” is a permissible reason to exercise a peremptory challenge. Moreover, the prosecutor did not attempt to strike all prospective jurors with Italian surnames from the jury: the prosecutor did not object to Peter DeAngelis, who became a juror; to Jane Cola, against whom the defense exercised a peremptory challenge; or to Joanne Dinamoli, who became an alternate juror. On these facts, the trial court did not clearly err in finding that the fact that Georgi was Italian-American - however “Italian-American” is defined - was a de minimis motivation in the exercise of the strike against him, and the court's rejection of Rico's Batson claim with respect to Georgi was not objectively unreasonable.
When Rico objected to the prosecutor's strike of Susan Bratrolla, the prosecutor offered the following explanation: Bratrolla was potentially subject to intimidation because her home in South Philadelphia in, as she herself called it, “the mob area,” was very close to the crime scene. The trial court expressed some concerns about what was beginning to appear to be a pattern of striking prospective jurors with Italian names and only permitted the strike when the prosecutor pointed out that the Commonwealth would be prejudiced by the fact that he had exercised the strike in front of Bratrolla. In its opinion denying Rico's post-trial motions, however, the trial court explained that after a careful review of the record, it believed that the prosecutor's explanation was ethnically-neutral. Rico, Cr. No. 3022-3027, slip op. at 12-13. The trial court evidently credited the Commonwealth's ethnically-neutral explanation as genuine given that it overruled Rico's objection to the strike.
Rico contends, however, that there was evidence of pretext which was ignored: the prosecutor did not strike potential juror Ernesta Thomas, a non-Italian-American who also resided in South Philadelphia. But, as was pointed out, Thomas lived further away from the crime area than did Bratrolla. Moreover, the prosecutor acted consistent with his proffered race-neutral explanation when he struck a juror named Eugene Oprocca, of Polish descent, because he lived “pretty close” to where the crime had been committed and remembered hearing that someone had been found dead in a car. Finally, the three prospective jurors or alternate jurors with Italian surnames whom the prosecutor did not strike-DeAngelis, Cola, and Dinamoli-did not live in the same neighborhood. It was not clearly erroneous to find that the prosecutor's strike of Bratrolla was motivated by “ethnically-neutral” reasons, and the state courts did not act unreasonably in rejecting his Batson challenge with respect to her.
Because the Pennsylvania Supreme Court's rejection of Rico's Batson claim was not contrary to, or an unreasonable application of, clearly established federal law as determined by the Supreme Court of the United States, and because it was not based on an unreasonable determination of the facts, the District Court's decision denying Rico's petition for a writ of habeas corpus will be affirmed.
1. In this opinion, all references to the “Supreme Court” refer to the Supreme Court of the United States. All references to the Pennsylvania Supreme Court will be so indicated.
2. In Werts v. Vaughn, 228 F.3d 178 (3d Cir.2000), we reaffirmed Matteo and held that it was in accord with the intervening Supreme Court decision in Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000), which construed 28 U.S.C. § 2254(d)(1).
3. In Hernandez, the Supreme Court affirmed the state court's rejection of Batson challenges to the exclusion of bilingual Latino potential jurors. The trial court had credited the prosecutor's race-neutral reason for the challenges, which was that these potential jurors would not be able to defer to the official court interpretation of the Spanish-language testimony of the main witnesses because they hesitated when they were asked if they could accept that interpretation. Hernandez, 500 U.S. at 357 n. 2, 111 S.Ct. 1859. The Supreme Court found that the trial court's acceptance of this race-neutral reason and finding of no discriminatory intent was not clearly erroneous.
4. In this connection, a state court may consider the decisions of inferior federal courts where those decisions are helpful amplifications of Supreme Court precedent. Matteo, 171 F.3d at 890.
5. Justice O'Connor, concurring in Hernandez, emphasized, however, that “a peremptory strike will constitute a Batson violation only if the prosecutor struck a juror because of the juror's race.” 500 U.S. at 373, 111 S.Ct. 1859 (O'Connor, J. concurring)(emphasis in original).
6. Batson has been applied by the Supreme Court only to classifications which have heretofore received heightened scrutiny - race, gender, and ethnic origin thus far limited to Latinos. The courts of appeals have also been most restrictive in extending Batson beyond these categories. See, e.g., Brewer v. Marshall, 119 F.3d 993 (1st Cir.1997) (using “race” and “ethnicity” interchangeably to describe Latino venire members); accord United States v. Taylor, 92 F.3d 1313, 1330 (2d Cir.1996)(white and black Latinos); accord United States v. Krout, 66 F.3d 1420 (5th Cir.1995)(“Hispanic ethnicity”); see also United States v. Canoy, 38 F.3d 893, 897-98 (7th Cir.1994)(applying Batson to analyze peremptory strike against venire member of Asian descent, where government did not dispute that defendant, who was Filipino and had spent most of his life in the Philippines, was a member of cognizable racial group).
7. Even given this sidestepping, Batson minihearings had become routine in state and federal trial courts, Batson appeals had proliferated, and “the number of cases in which jury selection - once a sideshow - will become part of the main event” were increasing. J.E.B., 511 U.S. at 147, 114 S.Ct. 1419 (O'Connor, J., concurring).
8. In Gattis, we considered a habeas petition based partly on a Batson challenge in a mixed motives case. The prosecutor had offered two reasons for his strike of an older man from the jury: the man's uncertainty as to whether he could recommend the death penalty and the fact that there were “four or five older gentlemen” already on the jury. Gattis, 278 F.3d at 232. The state court was satisfied that the prosecutor would have challenged the juror even absent a gender-related reason, and that the gender-based motivation was de minimis. Id. at 233. We rejected the Batson claim, finding that the petitioner had not clearly and convincingly rebutted the court's factual conclusions, and finding that the state court had not unreasonably applied mixed motive analysis in the Batson context. Id. at 235.
BARRY, Circuit Judge.

domain: law


Published online by Cambridge University Press: 03 November 2021
In this paper, we propose a series expansion of the baroclinic torque in low-Mach-number flows, so that the accuracy and universality of any buoyancy term could be examined analytically, and new types of buoyancy terms could be constructed and validated. We first demonstrate that the purpose of introducing a buoyancy term is to approximate the baroclinic torque, and straightforwardly the error of any buoyancy term could be defined with the deviation of its curl from the corresponding baroclinic torque. Then a regular perturbation method is introduced for the elliptic equation of the hydrodynamic pressure in low-Mach-number flows, resulting in a sequence of Poisson equations, whose solutions lead to the series representation of the baroclinic torque and the new types of buoyancy terms. It is found that the frame invariance of the momentum equation is maintained with one of the new types of buoyancy terms. With the error definition of buoyancy terms and the series representation of the baroclinic torque, the validity and accuracy of previous and new buoyancy terms are examined. Finally, numerical simulations confirm that, with a decreasing density variation or an increasing order of our new buoyancy term, the simplified equations can converge to the original low-Mach-number equations.


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Whether you desire a dedicated home office, a cozy guest suite, or an entertainment hub, the attic, and basement can be transformed into valuable spaces, as well as boost the market value of your home. There are many options, such as converting a dimly lit attic into a sunlit sanctuary where creativity thrives or turning a once-neglected basement into a versatile space for relaxation and entertainment. However, attic and basement revamp projects require careful planning and consideration. In this article, you’ll find practical tips and creative ideas to guide you through the process.
Table of Contents
Benefits of an attic and basement revamp
Many of us have attics, basements, or other underused areas that are either left empty or used as storage spaces. While adequate storage is always necessary, these home areas can be used in much better ways without sacrificing that important storage capacity.
Some benefits of undertaking a basement or attic remodel are:
Increased living space
Improved home value
To potential buyers, unfinished spaces are often not considered blank canvases but rather extra work that needs to be done. A basement remodel is one of those home projects that creates extra usable living spaces potential buyers love to see in a home. If you’re unconvinced about the benefits of this kind of remodeling project, the average ROI for a basement remodel is 70%.
Lower energy bills
Improper insulation in unfinished attics and basements can raise the cost of your energy bill. By properly insulating these spaces, you can reduce energy waste and make your home much more efficient. By simply ensuring that your attic space is properly insulated, you can expect a 100% ROI.
Potential rental income
Whether you want to create a separate suite out of your basement or a rentable room out of your attic, the space you aren’t currently using has the potential to become an income generator.
Unfinished basements and attics are often sites of water or gas leakage, mold growth, and more. By including insulation, plumbing, and HVAC repairs or enhancements in your home renovation plan, you increase the safety of your home.
When it comes to home projects – no matter what they are – it can be hard to know where to start. There are a couple of things you’ll need to consider before hiring a contractor or starting on the project yourself.
Evaluate your space
Take a good look at the space you have to work with. What shape is it? How big is it? Does it have low or high ceilings? All these things play a large part in determining not only what the finished space will look like but also what it can be used for. If the area already has HVAC and plumbing in place, take this opportunity to check for needed repairs. If you have a home warranty in place, it could come in handy by helping with the cost of these repairs.
Ensure optimal plumbing and HVAC function
If you’re hoping to transform your attic or basement into another bedroom, you may only need to ensure that your HVAC system vents into that area. If you want to create something more elaborate, like a self-contained suite, you’ll need to ensure adequate plumbing and that your HVAC system can handle the additional workload.
Before you make any solid plans for a basement remodel, ensure your HVAC system can handle the additional workload. To do this, search for an online HVAC Load Calculator, which will give you an idea of whether your system is adequate for the projected load. It’s worthwhile to bear in mind that your home warranty could cover any necessary repairs to your HVAC system.
If you’re planning to add a den or an extra bedroom, then plumbing may not be necessary. If you’re hoping to create an entertainment space or a rental suite, determining if you have the proper plumbing is an important part of the project. If there’s existing plumbing in place, make sure it’s functioning at its best.
Without even thinking about the design and what you want to achieve, the biggest consideration should be the project’s cost. This is where planning comes in handy since extra project costs have a way of sneaking up on you.
Cost buildup and budgeting tips
Here’s a list of some of the factors behind the cost of home projects:
- Material costs. The cost of materials varies greatly, depending on what you choose and what your project involves. Things like new flooring, lighting fixtures, or insulation can add up quickly. Before you draft up a budget, shop around to figure out what you need and how much your materials will cost.
- Labor costs. Most of us aren’t DIY champs. This is where hiring local contractors comes in. You may have to hire several contractors, such as plumbers, electricians, builders, and HVAC technicians. Each of these contractors will have different rates. As with your materials, shopping around can help you find the best contractors for the best price. Get several quotes for each type of contractor, so you can compare them before deciding.
- Permitting and inspection costs. You may have to obtain permits for your home renovation project. These permits have an associated cost that varies according to where you live. You’ll also need to have the finished project inspected by the local building department. These costs can be offset by conducting a little research and planning your budget accordingly.
Transform your space
If you want to transform your underused space but don’t know what’s involved, here’s a look at some of the more popular attic and basement remodeling projects.
- Insulation. Attics and basements are prone to more extreme temperatures than the rest of the house. When you’re remodeling these areas, you may need to add insulation and ensure that your HVAC system is both adequate for the workload and properly installed.
- Doors and windows. For fire safety and to meet local building codes, each bedroom must have an egress window or door to provide a way of escaping in the event of an emergency. Attics and basements don’t usually get the same consideration as the rest of the house when it comes to having enough doors and windows. This is because they have traditionally been used as storage rather than living spaces. If you wish to create an extra bedroom, you may need to include more doors or windows.
- Lighting. Basements and attics don’t usually have an abundance of natural light due to a lack of adequate windows. If you’re remodeling your attic, consider installing a skylight. If you’re remodeling a basement, you may want to consider installing extra lighting.
- Soundproofing. If you’re planning to use your extra space for entertainment purposes, you’ll need to consider soundproofing. This may involve adding insulation, acoustic tiles, or even heavy curtains to absorb the sound.
- Seating. A good entertainment space should have lots of seating, like armchairs or couches, so you and your guests can be comfortable in your new entertainment room. While standing and mingling with your friends and family certainly has its place, you’ll want to have the option to sit down.
- Audio-visual equipment. If you intend to watch movies or host parties in your entertainment space, you may need audio-visual equipment, like a DVD player or a surround-sound system.
- Electrical system. Any home office will need plenty of electrical outlets for computers, printers, telephones, lamps, and other equipment needed to work from home. It’s also a good idea to make sure the electrical system is up to date, so it can handle the extra workload involved in powering so many electrical devices.
- Privacy. Part of the point of having a home office is to allow you to work without distractions. If you can, try to ensure your office can be separated from the rest of the home. This can be done by creating a self-contained room with a door or using decorative room dividers to give your office the feel of being separate but at a fraction of the cost.

domain: design


Cotton On's Trippy Slim Trackies
have your back from sofa to street and everywhere in-between.
Length: Inside Leg: 70cm; Front Rise: 30cm; Leg Opening: 22cm (size medium). Our model is 183cm (6'0") tall with a 97cm (38") chest and 80cm (31") hips.
– Cotton-rich fabric; slight stretch
– Slight drop crotch
– Elasticised drawstring waistband
– Hip pockets; back pocket
– Elasticised cuffs
Material: Main: 60% Cotton & 40% Polyester


text: Like the American elm, it is tough to split, and it takes a long time in the season. Indeed, the key is to give the Elm enough time to dry to become completely dry. Over the years I have seen many knock-offs and DIY versions of this table. All those factors made it a popular choice. The wood of hard elms generally ranges from 40 to 50 lbs/ft3, while soft elms typically have a density from 35 to 40 lbs/ft3. It is a sturdy wood that is difficult to split and can contain a lot of water. Red elm will produce 20.9 million BTU per cord. When choosing a wood for your custom table, the easiest part of the decision making process is picking the color of the wood. First, Elmwood is an excellent wood to burn in an indoor wood stove but is not the first choice. Also, make sure to elevate the wood off the ground when you store it. Elm trees also grow quickly, making it an eco-friendly choice to make lumbar solid wood furniture out of elm wood. They are good, but I’ve never found anything quite as beautiful as the real thing. Amish Elm Furniture. Esthetically it is my favorite piece of furniture in our house. The wood is dense, produces decent heat, and is generally not wrong to use. by Eric Meier. Elm works well, too, for butcher block tops and cutting boards because it has no odor or taste, and it won't split. Anatomical Identification Is Elm Good Firewood, Eight Drawer Wood Tool Chest: Home Improvement, Set of 3 Easy Wood Tools Replacement Negative Rake Carbide, FLEXCUT Carving Tools, Mallet-Carving Chisels, Amazon.com – Peachtree Woodworking Supply 10 Foot, Professional Wood Carving Chisel Set – 12, Easy Wood Tools COMBO= Easy Start Rougher+Finisher, Easy Wood Tools 3-Piece Carbide Micro Turning Set with, Simple Hollowing System – Accepts All Simple Woodturning, Woodpeckers Precision Woodworking Tools TS-24-2 T-Square, Cowryman Router Plane Handheld Woodworking Tool R022 …, BeaverCraft Wood Carving Hook Knife SK1 for, WEICHUAN Woodworking 90 Degree Corner Clamp Right Angle, Woodpeckers Precision Woodworking Tools 1281R Woodworking, Wood turner’s Tool Roll By Peachtree Woodworking PW3332, Narex (Made in Czech Republic) 4 pc set 6mm (1/4″), 12 (1, Rockler 29190 Clamp-It Assembly Square Tool – Angle Clamps, Festnight Wood Turning Tool Finisher Carbide Tipped Wood, PSI Woodworking LCBEAD4 4 Piece HSS Bead Cutting Lathe, How Many Days Does It Take To Climb Mount Everest, Top 100 Outdoor Blogs You Can Read For Inspiration. Also, because it reproduces in places like roadsides and fences, where lumberjacks can remove it from time to time, finally, diseases kill trees and leave them dead, making them an obvious target for laborers. Cedar elm (Ulmus crassifolia) Anything "cheap" usually is difficult to stain or even appy an oil finish due to variations in color and how the finish absorbs into the wood. Manufactured wood is typically avoided for coffee tables -- unless you're going for economy. Everything else about it, I absolutely love! Maple is one of the hardest wood types for furniture. West Elm now has a Stone Gray and Black Ink color also, but in my opinion, the reclaimed pine is the best. Moreover, it is definitely in the top ten. A dining room filled with an Elm hutch, table and chairs, reflects unique taste. It has a natural finish and is marked with various scratches, color variations, stain and natural imperfections. Don’t try to burn a wet elm. If you are not going to paint the table you should consider using quality wood. If you have access to a wood divider, splitting elm is not that difficult, but don’t try to cut the crotch. And then the next question is about how I like it and how I clean it. Elm is a very strong wood with particularly impressive tensile strength and ability to be bent and shaped. For ELMS in North America, hard elms differ in smaller earlywood pores that are closer in size to the latewood pores. It has a sturdy wood, resistance to wind damage and rapid growth. It’s often used for heavy-use items like dressers and dining sets, as it can take a beating. Red elm is a medium density wood. American elm or white elmwood is lower in BTU than red elm and is harder to separate. It just makes it better. Elmwood is tough to separate. Our table is the 72″ Emmerson Reclaimed Wood Dining Table in Reclaimed Pine. Nonetheless, that can be an advantage because they give higher BTUs. On the other hand, in North America and Europe, elm trees were there to level city streets for decorative purposes. Also, it is lower in BTU than common hardwoods such as oaks and hickory, but it can put out good heat.

domain: hobby


More teams than the Red Wings and Blackhawks exist
The hockey community was stunned on Thursday when news of an entirely separate conference came to the attention of hockey media and fans. Apparently, a “Western Conference” has been in existence for decades; however, many fans were unaware of presence of such a thing. Fans of several NHL teams were interviewed about this recent news; when the existence of another conference in the National Hockey League was explained to these fans, they didn’t quite understand.
“My number one team is the Penguins, and my number two team is the Blackhawks, and my number three team is the Bruins, and my number four team is the Sabres, and my number five team is my hometown team, and Jeff Skinner counts as my number six team,” explains Fan Number One. “I just don’t know about these so-called ‘other teams’. Are we sure they’re real? Are they trying to confuse us?”
Fan Number Four had a bit of knowledge about the “Western Conference”. “It’s Jonathan Toews’ conference,” she explained to her peers. A wave of brief understanding passed through the fans. “Oh, okay, that one,” remarked one of the other fans.
As the fans learned more about this elusive conference, Fan Number Six was puzzled about the team names. “I don’t really get the name ‘Blues’. I mean, blues are a bad thing; it’s depressing. Why would you want to name something that is supposed to be happy such a sad name?” the hopeful philosophy major contemplated. “I just don’t get it. And the Flames? As if pyromania wasn’t enough of a problem in this country.”
Fan Number Eleven agreed. “These team names are just horrible! I mean, the Sharks? The Ducks? The Wild? No wonder that these teams have no fans.”
When informed that these teams do, in fact, have fans, the reaction was that of shock and confusion. “But why? They haven’t won the Stanley Cup within the past few years,” argued Fan Number Two, raising his voice to get his point across.
The fans were then told that the Anaheim Ducks had recently won the Stanley Cup in 2007. The group laughed. “Well, that explains it. 2007 was so long ago- what are we supposed to do, memorize every team to ever win the Stanley Cup? Come on now.” The group chuckled at the thought of doing such a thing.
It’s safe to say that the group of fans interviewed were caught a little off-guard at the news of the “Western Conference”. We reached out to the Commissioner of the NHL, Gary Bettman, to get his take on the fact that there are a few hidden teams in the league.
When Bettman was asked about the existence of another conference, he did not respond with words. He stood there for a moment, his eyes getting glassier by the second as he refused to blink. He then darted through a door and ran, uncoordinatedly, down the hallway and out of the building. The commissioner was not seen again and was unable to be reached for comment. Sources say that along with the Red Wings and Blackhawks, Bettman is also aware of the existence of a team called “the Canucks”. However, this team is located in some country that is not the United States of America, leading Bettman to refuse to acknowledge this team as well.
Little information is currently known about the “Western Conference”, but fans who have been wondering where the Red Wings and Blackhawks play can finally sleep soundly after receiving their answer. At press time, it was not clear whether all of the teams located in the “Western Conference” would be participating in the 2011-2012 season. More information will be released within the upcoming weeks, but it is suspected that these teams will, in fact, be playing hockey games (that will actually count in the standings) come October.


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I picked up this book because I had read Jim the Boy by Earley. The story of Jim Glass's childhood and upbringing and enjoyed it. This book begins with the start of Jim's senior year in high school which is just before the December 7th bombing of Pearl Harbor. The setting is in a small farming community in the mountains of West Virginia. Jim has just broken off with his long time girlfriend Norma to whom everyone assumed he would get married. And promptly fallen in love with a new raven haired beauty who is promised to a sailor and cannot date him.
Readers find out what happened between Norma and Jim and how Norma chooses to handle it. They see Jim unable to leave alone the girl who would not have him. There is a town dance during which Jim's best friend Dennis Deane gets a younger student pregnant. Dennis drops out of school. Marries the girl and goes to work at a saw mill in a neighboring town. Its a hard life for him and Ellie even though they are in love. The sailor Chrissie was to marry is blown up at Pearl Harbor and still Jim hates him, resents him, believes its him preventing Chrissie's interest in him. As soon as the school year ends many of the boys including Jim prepare to ship out to military training and the war, hoping they will come home again. There is a tear filled bitter sweet ending sure to make any girl cry. This is romance from a guy's perspective than anyone could enjoy. The setting in World War II, the language, the religious attitudes, the prejudices are all well done. I think lover's of books by Nicholas Sparks would especially enjoy this book. Its not too big, its not as cliched, its not overly dramatic as Sparks can sometimes be. By the way The Blue Star of the title is a flag hung in the window of houses where son's were serving in the war.

domain: library


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Added sugar is bad for kids. It can lead to cavities, obesity, diabetes, and heart disease. That’s why it’s recommended that children get no more than 10% of their daily calories from added sugar. The problem is that according to recent data, added sugar makes up 17% of the daily calories of the average child and teen. Almost half of that comes not from food, but from sugary drinks.
Pediatricians have long said that children and teens should avoid sugary beverages, including juices with added sugar and soda. Yet consumption has not gone down. Some of that has to do with habits, which can be notoriously hard to change, but some of it also has to do with the fact that these beverages are heavily marketed to youth. And they are very inexpensive, often less expensive than healthier choices.
That’s why the American Academy of Pediatrics (AAP) and the American Heart Association (AHA) have come out with a joint statement, “Public Policies to Reduce Sugary Drink Consumption in Children and Adolescents,” published in the journal Pediatrics. In it, they lay out some public policy steps that could be taken to decrease consumption of sugary beverages — and help keep our youth healthier. These include:
- Raising the price of these beverages, such as with an excise tax. If they cost more people may be less likely to buy them, and the tax revenue could be used to fund health and health education programming.
- Federal and state governments should work to decrease the marketing of sugary drinks to adolescents and teens. We need to think about these drinks the same way we think about tobacco products. It’s wrong to market unhealthy and dangerous products to children.
- Water and milk should be the default choices on children’s menus at restaurants, at schools, and in vending machines that cater to children and youth. If it’s not available, they will drink less of it.
- Federal nutrition assistance programs like SNAP should discourage the purchase of sugary drinks.
- Hospitals should set an example by not offering sugary drinks to patients and families.
- Accurate and credible nutrition information about these drinks should be made available, not just on nutrition labels but also on restaurant menus and in advertisements (like the health warnings that are in tobacco marketing). Not only do people need to know the dangers of what they are buying for their children, it needs to be harder for them to avoid knowing it.
Sometimes, we need to step in and protect our children. With nearly one in five of our 2-to-19-year-olds obese, and nearly another one in five overweight, we owe it to them to do everything we can.
Follow me on Twitter @drClaire
As a service to our readers, Harvard Health Publishing provides access to our library of archived content. Please note the date of last review or update on all articles.
No content on this site, regardless of date, should ever be used as a substitute for direct medical advice from your doctor or other qualified clinician.

domain: medical


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With the news that Dark Horse is going to continue publishing the Ghost Talker’s Daydream manga after a year and a half of no news for the series, I feel this is a fine time to highlight this mature, yet delightfully creepy story. After Perfect Blue and Ninja Scroll, Ghost Talker’s Daydream was easily the most ‘adult’ anime I’d ever watched. Likewise, when Dark Horse first began publishing the manga, I picked it up as my first horror manga series ever. Like so many anime, the manga develops the story further, and after being hooked by the OVAs I knew I had to continue exploring what Ghost Talker’s Daydream was all about.
The story centers on a young woman named Saiki Misaki whose 2nd job as a ghost talker (or exorcist) is perhaps only eclipsed in strangeness by her day job as an S&M dominatrix. Misaki is reluctant to use her talent to talk to ghosts, but she is continually pressured to exorcise ghosts by her friend Soichiro Kadotake, who works for the Tokyo Metropolitan Quality of Life Dept. Exorcism is serious business as one would imagine and throughout Ghost Talker’s Daydream Misaki encounters cases of all sorts, dreary, horrific, and often violent.
When I first watched the OVA I will say I was honestly shocked by the show. Indeed blending dark, horrific tales of murder, suicide, exorcism and more would do that; however, I was equally surprised by Misaki’s frequent ‘wardrobe issues’. In the manga, while little about Misaki’s penchant for revealing herself (usually accidentally) remains unchanged, I feel it’s comparatively underplayed. Perhaps though due to the black and white nature of the manga the visuals leave less of an impression on me? Or maybe since I’ve seen the OVA I knew what to expect? Regardless the manga and anime both earn their mature rating, not just due to sexual content alone but also due to the violence and death shown covered the story.
Of course, instead of just writing what surprised me about the story, I want to cover what I truly loved about Ghost Talker’s Daydream. Simply put Japan knows how to do scary stories, and Ghost Talker’s Daydream truly excels at bringing the creepy to life. Add in kooky characters such as Misaki, and the in between moments of comedy that ensue, and I think you’ll soon see that Ghost Talker’s Daydream is an enthralling experience. Like so many stories of suspense and fright, the further you go into the story the crazier the exorcisms become, and as the reader/viewer I just have to keep going to see what happens next! In particular, I’ve been quite interested in Misaki’s own skill and a certain added ability she has, which to prevent spoilers I’ll merely say is fascinating.
Since the manga paces differently then the OVAs, I know I’ve probably seen a lot of the story between the two mediums. However, I wanted to explore Misaki’s world further and thankfully with Dark Horse’s choice to continue publishing the series I may get that chance. While I hope to write an in-depth review of both the OVAs and the manga in the future, let me say for now if you like gruesome ghost tales, and don’t mind depictions of S&M and nudity, then I would definitely recommend giving the anime/manga Ghost Talker’s Daydream a shot.

domain: artistic


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The Endocannabinoid System of Your Pets
If you have a pet, you have likely heard about or even tried CBD for pets. However, you may not know what to expect from this product. The truth is, there is an array of benefits offered by CBD for pets. Just like in humans, pets like dogs and cats also have an endocannabinoid system (ECS) that consists of receptors (CB1 and CB2), endocannabinoids, and enzymes.
The ECS within your pet’s body functions to keep everything in balance, from appetite, mood, stress level, to immune system. Our CBD products for pets are carefully and scientifically formulated to influence your pet’s ECS and induce their bodies to naturally produce more endocannabinoids.
CBD for Pets: Wellness for Your Fur Babies
We are bringing the goodness of CBD to you and your pets through our THC-free oral as well as topical products. Our CBD tinctures and capsules for pets work with the ECS and may help relieve the stress and anxiety of your dogs and cats. The CBD oral products can be used for the treatment of seizures and they can offer other relief for your pet that is dealing with epilepsy.
You can also give your fur buddies CBD topicals to improve their skin and coat. CBD Living’s topical products for pets are all THC-free and formulated with 100% organic hemp. Our nano CBD Nano-Particles have prolonged topical retention while allowing immediate penetration and absorption through the skin due to a Proprietary Skin Delivery System.
CBD Pet Products Enriched with Vitamins and Antioxidants
Each pet product is uniquely made with the pet's organ systems in mind. Our CBD pet products are not only providing the daily dose of CBD to your dog and cats, but also essential vitamins and antioxidants. We use Vitamin E, D, B5, B7, Green Tea Extract, and Coenzyme Q10 in our CBD products for pets. We also add Omega Fatty Acids to support pet skin, joint, heart, and cognitive health. CBD Living Pet is committed to helping pets live happier, healthier lives. We stand behind our product that will not be tested on animals.
Learn More About CBD For Pets
Is CBD for pets the same as CBD for humans?
Many CBD brands use the same ingredients in their pet products as their human products. Unlike giving human CBD products to your pet, CBD Living Pet products are specially designed to solve problems uniquely suited to animals. Our CBD products for pets are carefully and scientifically formulated to influence your pet’s Endocannabinoid System and induce their bodies to naturally produce more endocannabinoids.
Can I give my CBD to my dogs/cats?
You can safely, but the products might not work the same as animals’ bodies differ from human bodies. For maximum effectiveness, consider using a pet-only CBD product such as the ones from CBD Living Pet.
How does CBD work in a pet’s system?
Just like in humans, pets like dogs and cats also have an endocannabinoid system (ECS) that consists of receptors (CB1 and CB2), endocannabinoids and enzymes. The ECS within your pet’s body functions to keep everything in balance, from appetite and mood to stress level and immune system. Our CBD products for pets are carefully and scientifically formulated to influence your pet’s ECS and induce their bodies to naturally produce more endocannabinoids.
How much CBD should I give to my pets?
For your convenience, CBD Living Pet provides dosing information on the packaging of all CBD Living Pet products. Dosages depend on the product as well as the size of your animal.
What are the benefits of CBD for pets?
Pets can benefit from CBD in many of the same ways humans can - from reducing pain and inflammation to calming anxiety.
How can CBD support my pet’s mood?
Many of our customers use CBD Living Pet products to soothe pets with daily anxiety or separation anxiety. Others use the products during extraordinary stressful circumstances, such as traveling or hearing fireworks.
Are there any side effects of CBD for my pets?
CBD is generally considered safe for dogs and cats. As with any new supplement or medication, please speak to your veterinarian before use, and monitor your pet carefully.
How are CBD Living Pet products better than other brands?
CBD Living Pet uses only hemp grown on 100% organic farms on state-licensed facilities in the US. All products are triple-tested for accuracy and transparency. Most CBD Pet products are cruelty-free, non-GMO and free from common allergens like corn, gluten and soy. Please read individual product labels before purchasing for a sensitive pet.

domain: health


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Green Arts Forum Resources
Huge thanks to all who attended the Green Arts Forum today.
You can view a recording of the session here.
Here are the links mentioned at the session.
Climate Action Plan consultation
Creative Ireland – Creative Climate Action Brief
Creative Climate Action Fund – Networking Session 27 April
Cultural Adaptations Adapting our Culture Toolklit
Cultural Adaptations Embedded Artist Toolkit
Cultural Adaptations newsletter
Deirdre O’Mahony – Planting to inspire and change cultural attitudes to farming and climate change
Dunamaise – Moving towards a greener arts centre
Embedded Artist Project – what do artists know
Ericsson – A quick guide to your digital carbon footprint
Sustainability in the Digital Age – Julie’s Bicycle
Plant Banter a new video series produced by VISUAL with Dee Sewell
SEAI Display Energy Certificate
United Nations Sustainable Development Goals
United Nations Development Programme


9 Famous Animals From The First And Second World Wars
Animal Legal Defense Fund Annual Study Ranks Laws Across The Country
Cruelty Free International has revealed essentially the most up-to-date, correct and comprehensive estimate of the number of animals utilized in scientific experiments worldwide, ten years after our previous, widely cited 2005 estimate. Baiting of feral animals such as foxes, pigs and rabbits is often done utilizing the poison known as 1080.
Iconic American Animals For National Wildlife Refuge Week
Where there may be the problem of non-goal species eating the baits, the common practice is to bury baits designed for foxes and feral pigs, or to dye baits inexperienced or black when utilizing them for rabbits. Foxes and feral pigs are more likely to dig baits up, as they often dig for meals, the place as native carnivores are less likely to take buried baits. The green dye reduces the probability of birds choosing up baits, as many birds use color to determine the tastiness of meals. The objective for managing the vast majority of established feral animals is to reduce the harm attributable to pest species in probably the most price-efficient method.
It is understood that this behaviour threatens the survival of many threatened species. The claims of the Nonhuman Rights Project for legal standing rest upon the inseparable histories of human rights and animal protection. Embedded in the history of religion, social reform, and warfare, early generations of American humane advocates argued that animal kindness was a form of human sanctification. They believed that the status of animals was a conduit for human moral uplift. Yet with the rise of organic explanations for animal-human kinship, animal rights advocates have used the standing of susceptible people to argue that animals, as moral “subjects of a life,” possess the right to legal personhood.
In some circumstances it would also be very difficult to control these ailments and parasites if feral animals carried them. The Rabbit-eared Bandicoot or Bilby wants a constant provide of carbohydrate-rich seeds and roots. Feral animals corresponding to rabbits graze or degrade vegetation that provides food and shelter for them and other native animals. If vegetation is destroyed or eaten by feral animals, the Bilby and other native species are placed beneath greater stress. Feral cats and foxes hunt and kill native birds, mammals, reptiles and insects.
We’re calling on the general public to assist us shine a highlight on animal testing and fight these outdated exams. Of the 1.73 million precise experiments that had been performed on animals, 57% (984,316 experiments) had been in the area of primary analysis – much of it driven by the curiosity of university researchers. The remaining 1.seventy three million (51%) were precise experiments on animals, which included 551,835 animals (32%) that have been subjected to experiments that even the researchers thought of had triggered them moderate or extreme suffering. Of these, 1.sixty seven million (49%) related to the creation or breeding of genetically altered animals who were not utilized in additional experiments. Despite increased public demand for a discount in animal analysis, there has been little change since the earlier report was published (11.5 million animals used in 2011).
An further 12.6 million animals have been bred and killed, however not used in experiments. This implies that in 2017, a total of 23.5 million animals had been killed for scientific functions in the EU. The newest official report from the European Commission exhibits that 10.9 million experiments were conducted on animals throughout the EU in 2017. We estimate that no less than 192.1 million animals had been used for scientific functions worldwide in 2015.
Also, I cannot go to the town square and destroy an old tree for fun since this may upset many people that care for the tree. Owners of present animals might obtain licenses for $10.00 supplied they present proof of participation in no less than three nationally recognized reveals inside the previous twelve months. At Cruelty Free International we’re working exhausting to advocate for human-relevant, non-animal testing.
Many native herbivores (corresponding to kangaroos, brush-tailed possums and small native ground-dwelling mammals) in Western Australia have developed with a a lot greater tolerance to 1080 than feral animals. This permits baiting applications to be carried out more extensively than may be potential in other parts of Australia where the effects of 1080 on non-target species must be thought-about.
This might contain localised eradication, periodic reduction of feral numbers, sustained reduction of feral numbers, removing of the most harmful people or exclusion of feral animals from an space. The harm attributable to feral animals additionally needs to be considered in context with different elements, corresponding to land use, local weather, weeds and grazing pressure from home inventory. They are a constant supply of reinfection for wildlife and livestock, which works towards efforts to manage expensive illnesses similar to tuberculosis. Feral animals are additionally potential carriers of different animal diseases (similar to rabies and foot and mouth disease) and parasites (such because the screw worm fly). An outbreak amongst Australia’s wildlife would have an instantaneous and widespread impact, and would be disastrous for our surroundings.
Ultimately, this shared historical past is concurrently liberatory, conflictual, and entangled. Energized by the social justice actions of the Sixties and Nineteen Seventies, animal protection developed into two distinct however overlapping movements. Animal welfare teams, such as the ASPCA, remained focused on sheltering, adoption, and the prevention of struggling. In 1975 utilitarian thinker Peter Singer printed Animal Liberation, which was instantly hailed as a “bible” for an emergent animal rights motion.


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In 1951, plant taxonomist Eduardo Quisumbing published Medicinal Plants of the Philippines, a 1,234–page volume on the palliative and curative applications of Philippine flora. Considered the standard contemporary reference on medical botany, Quisumbing’s work has informed generations of human scientists, botanists, and chemists from the archipelago. This paper, however, poses the question: What did Quisumbing, a trained orchidist, have to do with such a wide-ranging postwar publication—one quite distant from his scientific specialization—that would be (mistakenly) remembered as his magnum opus? Through a close reading of the text informed by the work’s intertextuality and Quisumbing’s personal archive, I argue that Medicinal Plants of the Philippines captures a type of encyclopedism undertaken in order to recuperate Manila’s Bureau of Science following World War ii. This encyclopedism speaks to the book’s curious character: strictly speaking, it is neither a pharmacopoeia nor a flora. Instead, it is a compendium of principally invasive species and their medicinal uses around the world that draws from over 630 academic publications. Caught within the tangle of postwar national reconstruction efforts, Quisumbing’s book evidences a considerable investment in intellectual knowledge production to assert the country’s newfound independence while shoring up public support for Philippine botanic and scientific research.
Barroga-Jamias, Serlie F.2000. “Eduardo A. Quisumbing: Botanist Par Excellence and Father of Philippine Orchidology (1885–1986).” In National Scientists of the Philippines (1978–1998), 164–174. Department of Science and Technology—National Academy of Science and Technology (Philippines). Pasig City, Philippines: Anvil.
Bonneuil, Christophe. 2002. “The Manufacture of Species: Kew Gardens, the Empire and the Standardisation of Taxonomic Practices in Late 19th Century Botany.” In Instruments, Travel and Science: Itineraries of Precision from the 17th to the 20th Century, edited by Marie-NoelleBourguet, C.Licoppe, and O.Sibum, 189–215. London: Routledge.
Carruthers, Jane, and LibbyRobin. 2010. “Taxonomic Imperialism in the Battles for Acacia: Identity and Science in South Africa and Australia.”Transactions of the Royal Society of South Africa65 (1): 48–64.
Malacañang Palace. 1982. “Reorganizing the National Science Development Board and Its Agencies into a National Science and Technology Authority and for Related Purposes.”Executive Order No. 784, March 17. Philippine Laws and Jurisprudence Databank. http://www.dost.gov.ph/knowledge-resources/downloads/file/143-executive-order-no-784-reorganizing-the-national-science-development-board-and-its-agencies-into-a-national-science-and-technology-authority-and-for-related-purposes-march-171982 (accessed November 2013).
National Wages and Productivity Commission. 2017. “Summary of Current Regional Daily Minimum Wage Rates Non-Agriculture, Agriculture (in Pesos) (As of July 2017).”Department of Labor and Employment. July 7. http://www.nwpc.dole.gov.ph/pages/statistics/stat_current_regional.html (accessed September 7, 2017).
Planta, Mercedes G.1999. “Traditional Medicine and Pharmacopoeia in the Colonial Philippines, 16th to the 19th Centuries.”M.A. thesis, College of Social Sciences and Philosophy, University of the Philippines Diliman.
Salaverria, Leila B.2010. “Leonard Co, son of UP, is home.”Inquirer, November21. http://globalnation.inquirer.net/news/breakingnews/view/20101121–304405/Leonard-Co-son-of-UP-is-home (accessed November 26, 2013).


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09/13/2018 – The Washington Post
A baby who cries so much that her tears flood a room. A bedspread knit over many years until it’s large enough to cover a whole ranch. A meal so sensuous that it propels a woman to run off to make love to a strange man on horseback and abandon her family. It’s moments like these that make “Like Water for Chocolate” so captivating — and a challenge to present on the stage.
Laura Esquivel’s 1989 novel “Como Agua Para Chocolate” was a best-seller in her native Mexico and in the United States after it was published in English translation the following year; the 1992 movie based on the novel was at the time the highest-grossing Spanish-language film in U.S. history. Yet, after having first been theatrically adapted in Spain in 2004, the work is only now having its U.S. premiere as a play, at GALA Hispanic Theatre.
“It is challenging to transform,” director Olga Sanchez says. “Theater has to do a whole lot of backbends to fulfill everything that people get out of a novel, which is so incredibly rich, and people read over months’ time. And a play, you basically have about two hours.”


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The iconic wedding dress that Elizabeth Taylor wore when she married hotel heir Conrad "Nicky" Hilton Junior, the great-uncle of Paris and Nicky Hilton, in 1950 has sold at an auction for £121,875.After an intense bidding war, the elaborate pearl-embellished gown was bought by an unnamed institution at Christie’s auction house in London, and exceeded its estimated sale price of £30,000.The bridal gown was created by legendary costume designer Helen Rose who was also responsible for Grace Kelly's Princess of Monaco dress.
CLICK ON PHOTO FOR GALLERY
Elizabeth's gown took fifteen people and three months to make, and was inspired by the wedding dress that she wore when she starred in Father of the Bride in the same year as her marriage. The dress was presented to Elizabeth as a gift from MGM.The cream-coloured gown with a satin train originally had a 20-inch waist that showed off Elizabeth's incredible figure, but was let out to 22 inches.The late Hollywood star married Conrad at the tender age of 18. She was already a celebrated actress and a year away from playing her Oscar-nominated performance in A Place in the Sun.
The couple's star-studded ceremony was dubbed the "wedding of weddings" and the social event of 1950, with Hollywood celebrities Gene Kelly and Fred Astaire among the 700 guests.The couple divorced after just eight months due to Conrad's alleged abusive behaviour and excessive drinking and gambling.Elizabeth, who once said that "marriage was a great institution," was known for her many trips down the aisle. She had a total of eight weddings in her lifetime, to seven husbands, as she married Richard Burton twice.The dress she wore to wed Conrad remained the most iconic of her selection.

domain: celebrity


An investigation continues after a fatal motorcycle crash occurred Sunday night in Concord.
According to police, a 41-year-old Harrisburg man was traveling southwest on Roberta Road in Concord when he lost control of his motorcycle and crashed. The motorcycle driver was pronounced dead at the scene of the crash.
Investigators found that speed was a contributing factor in the crash. However, no other vehicles or persons were involved in the crash.
Speeding costs lives and as the speed of a motor vehicle increases, the chances of being in a potentially fatal crash increase exponentially. This fact is especially dangerous for motorcyclists who are especially vulnerable to injury or death on the road. So it’s important that motorists stay aware of motorcycles and bikers stay visible to other drivers. If you are involved in a serious accident, take a critical step on your path to recovery by calling the Car Accident Attorneys of Reeves, Aiken, and Hightower at 704-499-9000 or 877-374-5999 toll-free.


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Say EEK! for these Spectacular October Scholarships
Taking out student loans is stressful, to say the least. And with the national student loan debt rising alongside the tuition rates, something has to be done to give students a better financial outcome right out of college. But every diligent college student knows that spending time applying for scholarships can be incredibly beneficial. Which is why I wanted to bring you a few October scholarships to get your scholarship search moving or give it a little boost.
Scholarships can be applied directly to your tuition costs, significantly lowering your overall student debt upon graduation. Unfortunately, I never paid much attention to scholarships until now, which is why I accrued way more student loan debt than I should have had to.
The plus side is, I'm now hyper-aware of all scholarship opportunities. Both through my college as well as through external sources. I am always on the hunt for a good scholarship and I'm sharing with you the opportunities I found for October.
I'm all about everything spooktacular, so why not throw in some spooktacular savings on college tuition while I'm gearing up for Halloween and the fall season. These October scholarships are sure to get you excited!
P.S. I threw a bonus scholarship in that is due at the very beginning of November!
Niche October Scholarship
This is a scholarship "drawing," which isn't something I normally endorse. But Niche is a reputable brand and I trust that their applicants are getting fair chances at winning. The deadline for the $1000 October Scholarship is October 20.
- Sign up for a free Niche account
Coursehero October Scholarship
Every month CourseHero gives away a $1,000 scholarship. The deadline for their October scholarship is October 31, so you have a little bit of time to apply. But the best part about this opportunity is that it only takes a few minutes to fill out.
- Sign up for a free Course Hero account
- Answer a short question
- Provide feedback on a course you've taken to help other students (This makes you eligible for the $1000 scholarship)
- For a chance at their $3,000 scholarship, you can upload 8 original study documents to further help other students.
- For a chance at their $5,000 scholarship, you have to complete the previous requirements and then share the scholarship on social media. Sounds easy enough to me.
Liasion's Data-Inspired Future Scholarship
This one sounds pretty interesting. Applicants have a chance to win a $5,000 scholarship. That's a lot of tuition! (Well, depending on your school.) The deadline for this scholarship is October 31 for the Spring Semester Scholarship.
- HS senior or college student
- Must submit a video that discusses/explains/demonstrates an important aspect of data in today’s or tomorrow’s society
- You can apply for both the Spring and Fall semesters (at different times)
VIP Voice Scholarship
I was a bit iffy on including this one because it consists of completing surveys for points. But I chose to include it because it is a Fastweb verified scholarship opportunity. The deadline for theirs is October 31.
- Sign up for a free VIP Voice account
- Complete 2 surveys
- If you complete more surveys, you earn more points toward your entry for the scholarship.
County Office Scholarship
Okay, okay, essays suck so this one might take you a little bit of time. But if you have a love for the written word, I'd imagine this one would be pretty simple. The deadline for the $1,000 scholarship is October 31.
- Write a 500-1500 word essay on why one local government office (listed on their site) has improved the lives of those around you or your own life.
- US Citizen 16 or older in HS or college
American Bullion Scholarship
Okay, this one is not for me. I don't understand investments. But for those of you who have a knack for investments, this is a good one! The award is $1,000 and the deadline is October 31.
- Full-time undergrad student
- Legal US resident
- Write a 500-1,000 word essay on the benefits of including physical gold in an IRA/401K portfolio.
Niche No Essay Scholarship
Again, this is one of those "drawing" type scholarships. But to enter a little info about yourself and possibly get $2,000 for school, I'd say it's worth it. The deadline for this scholarship is October 31.
- Sign up for a free account
Zombie Apocalypse Scholarship
This scholarship sounds like so much fun! And what better way to celebrate the Halloween season than with a Halloween-themed scholarship! The deadline for this $2,000 scholarship is October 31.
- Be currently enrolled in an accredited university.
- Legal resident of US
- Write a response, up to 250 words, to the following scenario:
- "Imagine that your high school or college has been overrun with zombies. Your math professor, the cafeteria ladies, and even your best friend have all joined the walking dead. Flesh out a plan to avoid the zombies, including where you’d hide and the top-five things you’d bring to stay alive."
The Future is Female Scholarship
I am in ❤ with this scholarship. I mean come on, a scholarship just for being an awesome female! Duh, count me in. True&Co is going at it again for their 2nd annual scholarship opportunity and I look forward to submitting my entry for this scholarship. The deadline for their $3,000 scholarship is November 1.
- Enrolled college student
- 3.0 GPA
- An Awesome Female (yes it really says that!!! 😍❤😍)
On top of the $3,000 scholarship, True&Co. is also giving the winner:
- $300 True&Co. Gift Card
- Full feature and interview on the True&Co. Journal

domain: finance


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On the cover of Hunter Dragon's second release, Weary of Dostoevsky, two men are depicted leading a pair of youngsters down a river, possibly en route to being baptized. But this is not your ordinary baptism, as evidenced by the rainbow beams shooting out of the eyes of one of the elder figures. While we may never know if the youth are being inducted into some sort of secret, magical world, the image serves as an apt visual metaphor for the otherworldly music contained in the disc. Using standard instrumentation in unconventional ways, Hunter appears to be writing pop songs from the Island of Misfit Toys. The resulting orchestral collage is like beautiful music from another dimension bleeding through the walls of a haunted house whose ghosts have long since abandoned it.
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domain: entertainment


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I was originally wanting to take a one-day break from my blog and just spend this Saturday/holiday to recharge, but I got the inspiration to take to WordPress and type something up today. Yes, I will credit The Finicky Cynic as the inspiration for this source, but it has nothing to do with June Jour (that was so last month).
But that’s just one source of inspiration that struck me today. There’s a second source of inspiration I had been considering for a while when it comes to writing style, and this will be my first stab at it. If you recall watching The Colbert Report, Stephen Colbert had a recurring segment called “The Wørd,” in which he would begin and end with a certain word or phrase; talks on and on in-between about said word or phrase; and has one of those over-the-shoulder graphics insert endorsements, contradictions, or whatever the case during his diatribe — all of which, naturally, were done for humorous effect. I’ve been considering using a style similar to that in this blog: Me going on and on about something, with an “unknown voice” to the side providing interjections. I don’t plan on using this format all the time, let alone even once a week; it’s more like if and when I have something to write about that could fit this format We’ll see how this setup goes, and if it doesn’t have legs, so be it. But don’t worry, I won’t devolve into a vain, bloviating talking head, or even a parody of same; rather, this will just be use of a (hopefully) witty format.
So, without further adieu, the first edition of “Allison’s Word” is:
That’s right, “America.” If you couldn’t tell by the calendar on your wall or the fanfare of trumpets when I unveiled that word art, today (July 4) is the 239th anniversary of 13 American colonies declaring their independence from the Kingdom of Great Britain.
“But I didn’t hear any trumpets. I don’t have a wall either, let alone a calendar to put on it.”
Just go with me on this, okay? Two hundred and thirty-nine years ago, representatives from 13 British colonies in eastern North America — the Second Continental Congress — were dealing with long festering issues about British rule. Basically, the representatives of the colonies were, to use a family-friendly term, not pleased with the tyranny of King George’s rule, and some incidents and battles of combat had been occurring since the year prior. By May and June of 1776, a clear desire to break away from Britain had developed, and with that members of the Congress drew up what would become the Declaration of Independence, severing political ties with Britain and becoming free and independent states.
“Hell yeah! The ‘screw you’ to end all ‘screw yous!'”
Well, okay, if you want to express it that way. (At least you kept the language clean.) Though there were some disagreements among members of the congress, including some voting “no” or abstaining from voting, majorities from all 13 colonies went along with independence, voting to move forward with it on the 2nd day of July 1776.
“Uh uh, it was the 4th of July.”
Well, not entirely. The final wording of the Declaration was approved, signed, and sent to the printers on the 4th. But, long story short, the colonies became independent from Britain, fought with the Red Coats to ensure that, banded together to form a new nation, and here you and I are on this day. So, yay for us!
“Yeah! We’re America! Num-ber one! Num-ber one!”
And with that cheerleading response, I move to the second part of this post. Indeed, the United States is considered “the greatest country on the planet.” We’ve got 320 million people. We have a pretty good GDP (thanks for the info, F.C.). We’re a diverse country. And we have an all-powering influence on the rest of the planet, taking the proverbial wheel over the last half-century plus in all things political:
“No French haute couture is complete without a 10-gallon hat.”
Well, as evident by that last response (and the response directly above it, if you see it that way), not every American influence is perfect. Heck, not every American is perfect. Case in point being this photo:
See the figure in the background wearing the wide-brimmed hat? He’s long been admired and regarded (for better or worse) as an iconic figure of Americana over the past century or so, a representation and romanticism of adventure, and, yes, even manliness. The figure in the foreground wearing the bad toupee is a representation of egotism, self-righteousness, and, yes, greed that (for better and worse) has also come to define America over the past few decades. (Side note: Is it me, or does the fact that he has a halo of light around his noggin seem scary?)
Which leads me to this phrase: “A more perfect Union.” It’s part of our Constitution’s preamble, true. But, to me, it’s a phrase that means we’d like to be better than we have been, but we’re not as better as we hope to be. The cowboy may be goodhearted and all, but he could drive the natives crazy (not to mention a settler or two). The businessman may be a self-made man of means, but his egotism and self-centeredness has been known to drive people crazy (especially these days). Both are proof positive that not every American is perfect, nor is the United States as a whole perfect.
“B- b- but… we’re America!“
True, but perhaps we were never meant to be perfect as a whole. I mean, there are so many controversial subjects within America these days; there always have been, but it seems they pop up now more than ever. Issues with gender, race, and even religion still fester within our borders. Not to mention issues with sexuality and equality (it was only eight days ago that every American was guaranteed the right to marry the person they loved and wanted to marry, regardless of their gender). No, those who govern us are not perfect either, as this bit of current news from here in Wisconsin so chillingly proves.
And, no, not every American citizen is perfect. Heck, I’m no definition of the ideal American myself. I eat too much chocolate. I don’t have great muscle tone. I don’t exercise as much as I should. And, of course, I am a crossdresser whose views on gender and sexual identity aren’t in alignment with the holier-than-thou types who speak through bullhorns. I’ll even freely admit that I won’t spend this Independence Day cooking out on the grill or checking out some fireworks show.
“*gasp* That statement is sacrilegious!”
No, that’s just me being me. Yes, I’m a proud and appreciative American, but I never confuse being patriotic with being self-righteous or hateful (which tends to happen too much, if you ask me). And since this is a free country, I can spend Independence Day and every other day doing whatever I need or want to do, just as others have the freedom to waive their flag until well after their arms require medical attention. And I do have the freedom to just stay at home today, doing laundry, phoning my family if they’re available, taking a walk after dinner, and cleaning out my closets.
“In Soviet Union, closets clean out you. Hahaha!”
Ah, you love those old, antiquated jokes, I see…. Well, we could perhaps agree on this: The stuff in our closets can sure clean out our bank accounts. I mean all those dresses and skirts and old books and knickknacks can cost a pretty penny sometimes. And you and I do have the freedom to buy them, keep them, or get rid of them… just as much as we have the freedom to live the way we want to live, be who we want to be, and love who we want to love. Because, after all, this is…
Well, what do you think? This was a fun post for me to write, that’s for sure. Hope it was just as fun for you to read. Please let me know what you think about it, and thanks. 🙂

domain: politics


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Treatments for Tuberous Sclerosis in Children
It’s natural to feel a little overwhelmed as the parent of a child with tuberous sclerosis. But you're not alone. Our pediatric kidney care team along with other specialists in the TSC clinic are here for you and your child. We're experts in helping children with kidney problems and this specific condition.
We have proven medicines to address typical symptoms of tuberous sclerosis, such as seizures and high blood pressure. If dialysis is needed, we specialize in both types of blood-filtering methods: hemodialysis and peritoneal dialysis.
If the cyst needs to be removed, we have skilled surgeons and kid-focused sedation services available. We can help your child and your whole family manage this health journey.
Treatments We Provide
Medicine may be prescribed to manage seizures, which are a symptom of tuberous sclerosis.
Blood Pressure Medicine
Medicine may be prescribed to manage high blood pressure, which can be caused by kidney disease associated with tuberous sclerosis.
Hemodialysis uses a filtering machine to remove waste and extra fluid from the blood. The procedure is usually done in a dialysis center, three or more times a week.
Kidney Cyst Removal
If a kidney cyst becomes infected, causes pain and doesn’t respond well to antibiotics, it can be surgically removed or drained.
Peritoneal dialysis uses the body's peritoneal membrane beneath the abdominal wall to filter the blood. This treatment can be done continuously, during the day or at night.


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21st Century, Vitamin A
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- Eye Health Support
- Vitamin Supplement
- Gluten Free
- Guaranteed Quality Laboratory Tested
Vitamin A is an essential nutrient that supports eye health.
As a vitamin supplement, adults take one (1) softgel daily with any meal or as directed by a healthcare provider. Do not exceed recommended dosage. Individual results may vary.
Soybean oil, gelatin, glycerin, purified water.
No added yeast, preservatives, artificial flavors or colors.
Consult a healthcare provider prior to use if pregnant, nursing, on medications, have a medical condition or are planning a medical procedure. Stop use and contact a physician if adverse reactions occur.
Keep out of reach of children. Do not use if product appears to be tampered with or seal is broken. Store at room temperature.
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We want you to be 100% satisfied with your purchase. Items can be returned or exchanged within 5 days of delivery.


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Purple & Blue Scarf 11x68 Inches
Regular price $108.00
This beautiful wool scarf has lovely stripes of turquoise, purple, burgundy and black. It measures 11 inches wide and is 68 inches long. It is recommended that this scarf be hand-washed and hung to dry. Your purchase will include a card about Paula as well as care instructions for your scarf. Gift wrapping is available upon request.
Handmade in America, in Columbia, Missouri. E,


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Rock ‘n’ roll may never die. What about Rocky?
In “Rocky V” (citywide), the fifth and presumably last episode of Sylvester Stallone’s Rocky Balboa saga, the writer-star once again contrives a way to make his hulking, sad-eyed gladiator the underdog. And we get whiffs of funkiness and humanity stirring around for the first time since the original “Rocky.”
Supposedly this is the ultimate round, the “Final Bell,” the last myth of Sylvester. And Stallone--who, like legendary Sisyphus, has gone to preposterous lengths, endlessly rolling his Rock up the mountain only to let him crash down and rise again--here makes the ultimate sacrifice. He strips Rocky of the title and hurls him back on the Philadelphia streets.
Not an easy task. In 1985’s “Rocky IV,” Balboa seemed to have scaled heights so high no one could topple him. Not just a boxer, he was America’s gladiator against the entire Soviet Evil Empire, single-handedly pulverizing the Iron Curtain until the Politburo, headed by Gorbachev, rose up to chant “Rock- eee! Rock- eee!”
Here, Stallone takes Rocky back to his roots, stripping his hero of title, money,home and gloves, leaving him bare-knuckled and brain-damaged after a business maneuver by his bumbling goombah of a brother-in-law Paulie (Burt Young) goes sour and his accountant robs them all blind.
Within 15 minutes of the credits, Champ Balboa has scrounged, out of the attic, his old jacket and porkpie hat, the ones he wore while buoyantly bobbing down the streets in the original Oscar-winning 1976 “Rocky.” Also salvaged are manager Mickey Goldmill (Burgess Meredith), briefly back from the dead, and John Avildsen, “Rocky’s” original director, solidly behind the camera once again.
Arrayed against him are the media--a pack of yapping, snarling dogs--and the perfidious George Washington Duke (Richard Gant), a nattily attired but unscrupulous promoter who keeps trying to tease him back into the ring, yelling “I’ll sue!” when violence seems imminent. Against Rocky, also, are his own rebellious boy, Rocky Jr. (well-played by 14-year-old Sage Stallone) and Okie acolyte and eventual turncoat Tommy Gunn--played by pro boxer Tommy Morrison, great-grand-nephew of Stallone’s idol Marion Morrison, better known as John Wayne.
Of course, most of this is absurd. Champs aren’t forgotten so thoroughly, especially champs partially responsible for glasnost . What about his old fans? Endorsements? Vegas casinos? And what about the rapid rise of protege Tommy, compared to the glacial pace of Balboa family life? Tommy fights 10 fights in the time it takes Rocky Jr. to dispatch two schoolyard bullies--who instantly become his best buddies.
But carping about illogic, howling unreality or massive plot inconsistencies in the Rocky series, is, by now, meaningless. It’s like walking up to a lake and complaining that it’s wet.
This movie actually does have something all but the first of its predecessors lacked: charm. Stallone, perhaps stung by the mauling he’s taken from critics and tabloids over the last five years--the ravenous newsmen may be his metaphor--has tried to resurrect Rocky as he was in the beginning: a lovable, shambling, big-hearted goofus. It’s a silly thing to do, but endearingly silly--rather than ferociously silly, like “Rocky II-IV.”
The Rocky of 1976 was part tender-hearted Brandoesque idealist. But, somehow, over the years, he seemed to have fused in Stallone’s mind with his own persona and experiences, his own rise to fame and wealth. Then, in the mid-'80s, the character began to fuse with Stallone’s other alter-ego, laconic, stoic killing machine John Rambo.
The whole appeal of the original Rocky--a boxer of ebullient humanity but limited skills who hung on with sheer heart when he was severely outclassed--was all but dropped. Only the shtick of improbable, last-minute success remained.
Daydream followed daydream, finally getting swollen and bloated. But the ‘80s are over and so are the myths of omnipotence and money that dominated them.
What’s most interesting about “Rocky V,” in fact, is the way the dreams have adjusted. The ‘80s were a quick-fix, instant-gratification decade and that’s the style of the middle three “Rockys.” They’re impatient, terse, super-glossy, effective but empty. This one, despite its frequent absurdities, tries to drum up human connections again: Stallone seems to have written more dialogue here than in the last three “Rocky’s” combined and the cast--especially Young and Talia Shire--deliver it exuberantly.
But, more important, “Rocky V” signals what may be a shift in American self-perception. No longer bellicose or swaggering, the movie suggests the mood all around us: the ways the crash-and-burn of the go-go stock market, the HUD scandal and the even more mammoth savings-and-loan fiasco, may have shaken that invincibly cocky self-esteem of the mid-'80’s: the era of Moloch and moolah, myths and marketing hooks.
“Rocky V’s” revisionism--its suggestion that money is not essential to dreams of glory--is shallow but maybe more insidious than it first appears, especially coming from a would-be vox pop moviemaker like Stallone. There are lots of flawed or risible things in “Rocky V” (rated PG-13 despite language and violence) but, even though I’ve disliked all the Stallone series movies since 1976’s “Rocky” and “First Blood,” I had fun watching this one. Dumb fun, perhaps, but excesses and all, the movie made me smile. Maybe it’s time to start rolling the Rock back down the hill again.
A United Artists presentation of a Chartoff-Winkler production. Producers Irwin Winkler, Robert Chartoff. Director John Avildsen. Script Sylvester Stallone. Camera Steven Poster, Victor Hammer. Music Bill Conti. Production design William J. Cassidy. Editors Avildsen, Michael N. Knue. Executive producer Michael Glick. With Sylvester Stallone, Talia Shire, Burt Young, Richard Gant, Tommy Morrison, Burgess Meredith, Sage Stallone.
Running time: 1 hour, 44 minutes.
MPAA-rated: PG-13 (language, violence).
‘ROCKY’ ROUNDUP A round-by-round account of the film battles of Rocky Balboa. F16


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(Sorry for the bad photos. We got a new camera that we are now taking back!)
I decided to make my son's first cake. It was fun but a lot more work then I'll probably do most of the time. (I even used cake mixes and it still took me forever to do!)
I decided I wanted it colorful inside so I made up the cake mixes like the box instruct you too and then I divided it up into four bowls. I used Gel food coloring to die the cake the different colors. I then randomly spooned in the cake mix into my two pans. I baked it like normal and then when the cake was done and cooled I put them in the freezer. The next day I stacked the two cakes on top of each other and cut them into the number one.
I made up some frosting and put frosting between the two cakes and then the sides and top. The coolest way that I learned to get the frosting to look smooth is to use wax paper. After you have your frosting on the cake take your wax paper and push it a long the frosting with your fingers until the frosting is smooth. The frosting won't stick to the wax paper. (Sorry I couldn't find where I found this helpful tip.) Also all I had was whole milk when I made the frosting and it made the best frosting I've ever made. It was the perfect consistency. So next time you have to make a bunch of frosting, keep that in mind.
I then used a decorative tip to decorate the outside. To help me get the star shape I just lightly pressed a star cookie cutter on the icing. It left just enough of an indent for me to follower with my decorative tip. I made Alex's little cake just from the scraps of the big cake and again used the cookie cutter as a guide for the frosting.
My favorite part about the cake was when you cut into it and saw all of the colors. I looked and tasted amazing!