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The opinion of the court was delivered by: GREEN
Presently pending is the defendant's Motion for Summary Judgment. Upon consideration of this motion, the plaintiffs' opposition, the defendant's reply, the plaintiffs' Notice of Recent authorities and the defendant's response thereto, and after reviewing the withheld documents which were submitted for in camera review pursuant to this Court's Orders of September 27 and November 12, 1996, the motion will be denied in part and granted in part. Disclosure will be ordered as set out in this opinion.
This FOIA suit stems from research that the Department of the Army conducted into a potential vaccine for the HIV virus, which causes AIDS. In 1991 and early 1992, researchers at the Walter Reed Army Institute of Research ("WRAIR"), led by Lieutenant Colonel ("Lt.Col.") Robert Redfield, M.D., Chief of the Department of Retroviral Research, reported to Congress and published in well-known medical publications that, based on certain clinical trials, a vaccine known as gp160 appeared to have salutary effects on persons infected with HIV. See Ten Years of AIDS: Hearing before the Subcomm. on Health and the Environment, Comm. on Energy and Commerce ("Ten Years of AIDS Hearing"), 102d Cong., 1st Sess. 96 (June 6, 1991) (testimony of Lt.Col. Redfield) ("the individuals that have been immunized appear not to have a fall in their CD4 cells as opposed to historical controls"); AIDS Research Opportunities: Hearing before the Subcomm. on Health and the Environment of the Comm. on Energy and Commerce ("AIDS Research Opportunities Hearing"), 102d Cong., 2d Sess. 95 (testimony of Lt.Col. Redfield) ("I am part of the research team that may, in fact, provide a treatment for all people with early HIV infection."); Robert R. Redfield, et al., A Phase I Evaluation of the Safety and Immunogenicity of Vaccination with Recombinant gp160 in Patients with Early Human Immunodeficiency Virus Infection, New England J. of Med. (June 13, 1991), reprinted in AIDS Research Opportunities Hearing, supra, at 83-90; see also AIDS Research Opportunities Hearing, supra, at 81 (Feb. 24, 1992) (testimony of Colonel ("Col.") Donald Burke, M.D., Director, Division of Retrovirology, WRAIR) ("we showed unequivocally that vaccine therapy with gp160 was safe and that it did indeed boost the natural levels of antibodies and cellular immunity").
Dr. Redfield described the imitative at the Defense Department's Walter Reed Army Medical Center:
Well, the long-term goals of the Defense Department have been trying to develop a vaccine for treatment and prevention, and for a great--actually, about a century ago the concept of using vaccines as therapeutic was actually originated.
What we attempted to do at Walter Reed over the last several years was to see if you could modify the immune response of patients that are chronically infected to boost it so maybe they can control it better by actually using an AIDS vaccine to treat. And next week, there is also that original Phase I feasibility trial that will be published, and, in fact, it is feasible. You can actually use a vaccine in an individual with a chronic infection and change the entire immune response and defense that they have against that virus, and it is safe. At present, it is intriguing because the individuals that have been immunized appear not to have a fall in their CD4 cells as opposed to historical controls.
Ten Years of Aids Hearing, supra, at 96.
Lt.Col. Redfield's prediction of a potential breakthrough in the war on AIDS aroused extraordinary interest in Congress, in the news media and in the medical community. See, e.g., AIDS Conference to Unleash Research Covering Vaccines and Gene Therapy, Wall. St. J., at B4 (July 15, 1992) ("Dr. Redfield has been testing vaccines as a type of immune therapy in people who are infected with the AIDS virus. This spring he forecast that his data will show the treatments lower virus levels and stabilize infection-fighting immune cells."); Multiple Mutating HIV Strains Stymie Researchers Seeking a Vaccine for AIDS, Wall St. J., at B6 (May 26, 1992) ("Robert Redfield, a researcher at Walter Reed Army Medical Center in Washington will soon have 600 volunteers enrolled in his studies of AIDS vaccines as immune-boosters. He is testing such vaccines not for purposes of prevention but as treatment for people who are already HIV-infected."); Bernie Ankey, U.S. Medicine Interviews Robert R. Redfield, U.S. Medicine, at 8 (April 1992) (Dr. Redfield: "I personally believe it holds the key to converting HIV infection to a prolonged, subclinical disease within my lifetime."); 137 Cong.Rec. S17663 (Nov. 22, 1991) (statement of Sen. Dodd) ("Last summer, the distinguished New England Journal of Medicine published the first results of a study conducted by Dr. Robert Redfield of Walter Reed. . . . [These interim test results] give us some reason for hope that we can develop a way to effectively help HIV infected people maintain their immune system function and stay healthy or at least stay healthy for a longer period of time.").
In July 1992, Lt.Col. Redfield made a presentation to the Eighth International AIDS Conference in Amsterdam which was widely interpreted as a bold assertion that there had been statistically significant decreases in the amount of HIV in the blood of those patients who received the gp160 vaccine as opposed to those in a control group. As were his previous public statements, Redfield's Amsterdam presentation was widely covered by the media. See, e.g., At AIDS Talks, Hope is Weighed Down by the Hard Reality, N.Y. Times, at 1, 15 (July 26, 1992) ("Dr. Robert R. Redfield, of Walter Reed Army Medical Center in Washington, said patients receiving the vaccine had lower amounts of H.I.V. and a reduced rate of decline of one of the monitoring tests of the immune system."); Richard A. Knox, New Problems, New Hopes at AIDS Parley, Bost. Globe (July 26, 1992) ("'There is no doubt in my mind that next year we will be on first base in terms of showing that human HIV infection can ultimately be a self-limited disease that never proceeds to immune system collapse,' Dr. Robert Redfield of the Walter Reed Army Institute for Research in Maryland said in an interview. 'I think AZT was a bunt down the foul line.'"); 257 Science, at 605 (July 31, 1992) ("Robert Redfield of the Walter Reed Army Institute of Research claimed that he's reduced the amount of HIV in the blood cells of infected people who have been treated for two years with a vaccine made from the HIV surface protein gp160."). In the same article, the Boston Globe reported on the Army's program and the pressure for its expansion:
The U.S. Army is spending $ 15 million on a trial in progress of GP-160 compared with a dummy vaccine in 600 H.I.V.-infected patients. Studies so far, which indicate GP-160 is apparently harmless are generating pressure by AIDS activists and doctors to let the experimental vaccine be tried in a bigger group, perhaps 2,000 HIV-infected volunteers while waiting for definitive evidence.
"Can we let the next three years go by without some kind of wider acceptance to GP-160?" said Dr. Calvin Cohen of Boston, research director of the Community Research Initiative of New England. "Clinical researchers like me need to meet with the Food and Drug Administration and try to make it happen."
Knox, New Problems, New Hopes at AIDS Parley, supra.
On September 18, 1992, Senator Sam Nunn introduced Amendment No. 3094 to the bill that became the 1993 National Defense Authorization Act. This amendment provided $ 20 million for further testing of gp160:
Mr. President, I offer this amendment that would add $ 20 million for AIDS and research at the Department of Defense medical research facilities.
This amendment would provide for the third phase of testing for a new vaccine which has shown great promise as a way of delaying the onset of the deadly implications of the AIDS virus. This advantage is now seen in stage 2 testing in Walter Reed Medical Center. According to Army medical experts, phase 2 has shown that the vaccine should go to phase 3 as soon as possible.
This research and other fine medical work at Walter Reed are excellent examples of our military research facilities which can and are helping to solve the problems that are important and crucial to civilian society.
Mr. President, I urge adoption of the amendment on behalf of myself and Senator Warner, and I also say former Senator Russell Long has brought this matter to our attention.
Mr. President, in the case of this kind of research, time literally means saving the lives of people now sick with this deadly disease. The sooner we get these tests completed, the better off so many people in our Nation will be.
138 Cong.Rec. S14156, S14159-60 (Sept. 18, 1992), reprinted at 1992 WL 229956 (Cong.Rec.).
The $ 20 million rider to the Defense authorization act set off a firestorm of debate in the scientific research community because it circumvented the normal process for federal funding of scientific and medical research. See Jon Cohen, Did Political Clout Win Vaccine Trial for MicroGeneSys ?, 258 Science, at 211 (Oct. 9, 1992). Bernadine Healy, the director of the National Institutes of Health (NIH), commented that it was unprecedented for Congress to direct research to a specific experiment. Id. And, as it had before, this development in the testing of gp160 received significant press coverage. See, e.g., Lobbyists and Drug Tests, The Wash. Post, Oct. 28, 1992, at A24, reprinted at 1992 WL 2159626; Lawmakers' Approval of $ 20 Million for Aids Vaccine Tests Draws Protest, The Courier-Journal, Oct. 26, 1992, reprinted at 1992 WL 7863278 ("several scientists said it was extremely rare for lawmakers to appropriate money for testing a specific treatment"); Scientists Protest AIDS Vaccine Trials, Houston Chron. (Oct. 26, 1992), reprinted at 1992 WL 11453801 ("The federal government's top scientists are angrily protesting a recent decision by Congress to bypass medical researchers and approve $ 20 million for human trials of an experimental AIDS vaccine."); AIDS Vaccine Decision Disputed Government Scientists Say Congress Was Out of Line, The Kansas City Star, Oct. 26, 1992, reprinted at 1992 WL 6474184 (same); AIDS Research Bill Angers Scientists Critics Say Congress Went Too Far When Approving Trials on Humans For Vaccine, L.A. Daily News, Oct. 26, 1992, reprinted at 1992 WL 8197562 (same); Approval of AIDS Drug Trial Protested: Researchers Claim They Were Bypassed, The Raleigh News & Observer, Oct. 26, 1992, reprinted at 1992 WL 80334415 (same); Federal Scientists Fuming Over $ 20 Million AIDS Appropriation, The Sacramento Bee, Oct. 26, 1992, reprinted at 1992 WL 9779290 (same); $ 20 Million for AIDS Creates Furor, The S.F. Chron., Oct. 26, 1992, reprinted at 1992 WL 6286748 (same); Congressional AIDS Measures Worry Public Health Advocates, Med. & Health, Oct. 26, 1992, reprinted at 1992 WL 2790128 (discussing "earmark[of] $ 20 million of the defense budget for Phase III clinical trials of experimental AIDS vaccine gp160"); Jon Cohen, Lobbying for an AIDS Trial, 258 Science, at 536 (Oct. 23, 1992) (same); AIDS Drug Trial is Result of Lobbying, NIH Charges, Wall St. J., Oct. 20, 1992, at B5, reprinted at 1992 WL-WSJ 631178 (same); Old-fashioned Lobbying Wins Funding For Human Tests of New AIDS Drug, The Baltimore Evening Sun, Oct. 20, 1992, at A14, reprinted at 1992 WL 9543586 (same); Lobbyist Wins Trial for AIDS Drug, Chicago Sun-Times, Oct. 20, 1992, at 29, reprinted at 1992 WL 3491765 (same); AIDS Vaccine Goes Political, The Cleveland Plain Dealer, Oct. 20, 1992, at 4A (same); Lobbyist Gets Congress to Fund Research for Rebuffed AIDS Vaccine, Portland Oregonian, Oct. 20, 1992, at A12, reprinted at 1992 WL 7357733 (same); Lobbying in Senate Gets AIDS Drug Rushed to Testing, The Seattle Times, at A2, reprinted at 1992 WL 5052966 (same); Ex-Senator's Lobbying for AIDS Drug Assailed, St. Louis Post-Dispatch, Oct. 20, 1992, at 9A, reprinted at 1992 WL 3561935.
At approximately the same time that Congress awarded millions of dollars in taxpayer funds for testing the gp160 vaccine at Walter Reed, allegations surfaced that Lt.Col. Redfield had distorted the results of his research. In mid-October 1992, a memo from the previous August, which had criticized Redfield's methodology and his conclusions, was obtained by the press. See Statement of William F. McCarthy (Dec. 7, 1992), attachment 3 to Plaintiffs' Ex. G; Phyllida Brown, Memo Suggests U.S. Army HIV Vaccine Oversold, New Scientist, at 8 (October 24, 1992) ("Claims for a vaccine therapy that the U.S. Army is testing in HIV-positive patients may have been exaggerated, according to data in an internal memo obtained by New Scientist."). Thus, the debate about the gp160 testing, which had been raging within the military medical research community for several months, became public. Id.
Dr. McCarthy's criticism was not the only challenge to Lt.Col. Redfield's conclusions and methodology. In a memorandum to Col. Burke (Redfield's supervisor), Major ("Maj.") Craig W. Hendrix, M.D., the Director of the HIV Program in the Air Force and Col. R. Neal Boswell, M.D., the Associate Chief of the Division of Medicine in the Air Force complained about "the problem of misleading or, possibly, deceptive presentations by Dr. Redfield, which overstate the GP160 phase I data." Memorandum of Oct. 21, 1992, at P1, attachment 2 to Plaintiffs' Ex. G. This memorandum indicates that Redfield's presentations had been subjected to severe and substantial criticism within the military medical research community since at least late July 1992 when Dr. Maryanne Vahey "first questioned Dr. Redfield's Amsterdam talk." Id. P1. Maj. Hendrix and Col. Boswell described the Amsterdam presentation as "the most serious example of potential scientific misconduct." Id.
Noting that the scientific credibility of the military medical research was at risk, the two senior military doctors who authored the memorandum described their concerns in no uncertain terms:
Last week, at the 32nd Annual ICAAC meeting in Anaheim, CA, Dr. Redfield again presented data in an incomplete and misleading fashion, despite assurances to the MMCARR
in several recent meetings that he understood his past presentations to be in error and that he would refrain from repeating that error. If these actions are an intentional deception, it is an error of the most serious kind in science that betrays the trust of colleagues, patients and sponsors.
In their memorandum, the authors set forth in detail their evidence of "potential scientific misconduct." That evidence included:
Overselling the GP160 phase I data may date back as early as the New England Journal of Medicine publication (N Engl J Med 1991: 324:1677-84). Oral presentations of the phase I continuation data over the last year and a half have repeatedly shown only a few selected "home run" patients. The data from the entire study group has not been well represented by these selected patients. Data analysis has been either sloppy or, possibly, deceptive with use of inappropriately chosen "control" groups, unorthodox statistical methods that abuse the data to come up with the desired CD4 trend conclusions, failure to include appropriately performed analyses that fail to support the desired conclusion and badgering of statisticians and colleagues by Dr. Redfield, sometimes successfully, to agree to data analyses against their better professional judgment.
Dr. Redfield's professional peers sought specific action from Col. Burke:
They also raised their "serious concern" regarding Lt.Col. Redfield's connection to a non-profit organization called "Americans for a Sound AIDS Policy" or "ASAP," which had lobbied Members of Congress for gp160 finding at the same time that Redfield was a member of ASAP's Advisory Board. The memorandum's authors alleged that ASAP's President, Shepherd Smith, had attempted to influence Dr. Vahey, the doctor who had assisted Redfield in analyzing the "viral load" of the patients receiving the vaccine and who later criticized his Amsterdam presentation:
Smith also contacted Dr. Vahey prior to her 31 AUG 92 presentation of the GP160 phase I data which was to be the first public presentation of the data in a non-selective, appropriately analyzed fashion. According to Dr. Vahey, Mr. Smith had intimate knowledge of the GP160 phase I data and offered detailed suggestions for how Dr. Vahey should present the incomplete data with the control groups, coincidentally as Dr. Redfield had done in Amsterdam, to favor further development of the vaccine. He also insisted that she needed to know of the increasing pressures on her due to: (1) the millions of dollars at stake, (2) Army-NIH vaccine competition, and (3) upcoming congressional testimony on GP160 vaccine studies. We are suspicious of Mr. Smith's access to GP160 data, his involvement at the most basic level of data analysis on this study, and his motivations in raising issues of financial and congressional pressure which are scientifically immaterial and have, on the surface, the appearance of a very gross impropriety.
Two days after Col. Boswell and Maj. Hendrix submitted their memorandum to Col. Burke, the "Institute Review Committee's Subcommittee on Potential Scientific Misconduct in GP160 Phase I Immunotherapy Study" convened to consider the subject matter of that memorandum. See Meeting Minutes, attachment 1 to Plaintiff's Ex. G. The subcommittee "agreed that the information presented by Dr. Redfield seriously threatened his credibility as a researcher and had the potential to negatively impact AIDS research funding as a whole. His allegedly unethical behavior created false hope and could result in premature deployment of the vaccine." Id. at 2.
On October 22, 1992, the Army convened an informal investigation pursuant to Army Regulation ("AR") 15-6 ("AR 15-6 informal investigation"). See Memorandum for Colonel Harry G. Dangerfield, U.S. Army Medical Research and Development Command, attached as Plaintiffs' Opp. at Ex. N. Major General ("MG") Richard T. Travis, commander of the U.S. Army Medical Research and Development Command, appointed Col. Dangerfield to "investigate the facts and circumstances surrounding alleged scientific misconduct associated with the Army HIV Program" and charged him with "determining whether any Command personnel acted in violation of Federal law or Army regulation." Id. ; Declaration of Charles H. Bowers, FOIA Officer, Office of the Surgeon General, Department of the Army ("Bowers Decl.") P6. The AR 15-6 informal investigation generated widespread media coverage. See, e.g., U.S. Investigates AIDS Researcher, N.Y. Times, Nov. 5, 1992, at A28; Officials Investigate Researcher in Connection With AIDS Vaccine, Portland Oregonian, Nov. 5, 1992), at B4 Jon Cohen, Army Investigates Researcher's Report of Clinical Trial Data, 258 Science, at 1568 (Dec. 4, 1992), reprinted at 1992 WL 11304481; Susan Katz Miller, Is Congress Backing the Wrong AIDS Vaccine?, New Scientist, at 11 (Nov. 14, 1992); CBS, Transcript from the CBS Evening News at 4-5 (Nov. 11, 1992), attached to Plaintiff's Opp. at Ex. P.
On February 22, 1993, Col. Dangerfield completed his AR 15-6 informal investigation, concluding that the "evidence does not support the allegations of scientific misconduct." Memorandum for Major General Richard T. Travis, Commander, U.S. Army Medical Research and Development Command ("Dangerfield Report"), at section iv (Findings), P1. In section v of his report, Col. Dangerfield recommended that no adverse actions be taken and that "in fairness to Lt.Col. Redfield, the HIV Research Program, the Army and scientific community, a press release correcting the record is warranted." Id. at section v (Recommendations), P2.
MG Travis reviewed Col. Dangerfield's investigation, neither approving it nor disapproving it. See id. at section viii (Action by Appointing Authority), P1; Bowers Decl. P8. Finding it to be incomplete, see Dangerfield Report at section viii, P2, MG Travis appointed Col. Garland McCarty to "continue an informal investigation [into] the facts and circumstances surrounding the participation of personnel in the Retrovirology Division at Walter Reed Army Institute of Research in an organization known as 'Americans for a Sound AIDS Policy.'" Memorandum for Colonel Garland E. McCarty, U.S. Army Medical Department Center and School, at P1 (Mar. 9, 1993), attached to Plaintiffs' Opp. at Ex. T.
On April 6, 1993, Col. McCarty completed his investigation, including therewith all of Col. Dangerfield's investigation and exhibits. See Bowers Decl. P9. Col. McCarty made specific findings and recommendations, all of which MG Travis approved. Id. ; Report of Proceedings by Investigating Officer, DA Form 1574 ("McCarty Report"), at section viii) (Action by Appointing Authority), attached to Plaintiffs' Opp. at Ex. T. In his findings, McCarty concluded that ASAP had probably received scientific information that was not widely disseminated. See McCarty Report at section iv (Findings), P7. In one of the two recommendations publicly disseminated, he recommended that relationship between Walter Reed and ASAP be terminated. See id. at section v (Recommendations), P4.
Like Redfield's presentations of the gp160 data, the debate within the military medical research community and the allegations of scientific fraud, the results of the Army's inquiry, including criticism of it, was reported by the media. See, e.g., Jon Cohen, Army Clears Redfield--but Fails to Resolve Controversy, 261 Science, at 924 (Aug. 13, 1993), reprinted at 1993 WL 12231028; Phyllida Brown, Anger Over 'Selective Data' on HIV Therapy, New Scientist, at 4 (July 17, 1993); AIDS Vaccine Cover-up Alleged, MarketLetter (Aug. 9, 1993), reprinted at 1993 WL 2827289.
On July 5, 1994, Plaintiffs Peter Lurie, M.D., and the Public Citizen Health Research Group requested the disclosure of records under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 (1994), regarding the McCarty and Dangerfield informal investigations. See Compl. P6. Their FOIA request specifically described the records they sought:
The full unredacted versions (with all attachments) of the reports of Colonel Henry (sic) Dangerfield on the GP160 AIDS vaccine trial and Colonel Garland McCarty on the relationship between the Armed Forces researchers and Americans for a Sound AIDS Policy (ASAP).
Public Citizen letter of July 5,1994, attached to Plaintiff's Opp. at Ex. Y
On September 14, 1994, the Army released some of the records that the plaintiffs requested, but withheld others (or portions of others) based on an assertion of FOIA Exemptions 5 (deliberative process), 6 (personal privacy) and 7(C) (law enforcement records). See MG Thomas R. Tempel, Acting Deputy Surgeon General, letter of Sept. 14, 1991, attached to Plaintiffs' Opp. at Ex. AA; Bowers Decl. PP3 & 12-14, attached to Defendant's Motion for Summary Judgment at Ex. 1; Compl. P7. In particular, the Army withheld portions of McCarty's findings and recommendations, while releasing all of Dangerfield's. Other records, such as witness statements submitted by Dr. Hendrix, Dr. Boswell and Dr. McCarthy were heavily redacted. On the other hand, the majority of Dr. Redfield's statement was released.
(1) a declaration that the Army's refusal to disclose the records was unlawful;
(2) a court order directing the defendant to disclose the requested records;
(3) an award of costs and reasonably attorneys' fees; and
(4) such other relief as this Court may deem just and proper.
The defendant later moved for summary judgment, submitting an index under Vaughn v. Rosen, 157 U.S. App. D.C. 340, 484 F.2d 820 (D.C. Cir. 1973), cert. denied, 415 U.S. 977, 39 L. Ed. 2d 873, 94 S. Ct. 1564. However, because the Vaughn index and the Bowers Declaration were insufficiently detailed and too conclusory in nature to afford an adequate review of the claimed exemptions, the Court directed the Army to submit the withheld documents, in unredacted form, for in camera review. See Order of Sept. 27, 1996; Order of Nov. 12, 1996. The Court has now reviewed each document in light of the exemptions claimed by the Army and rules as described below.
A. The Freedom of Information Act.
FOIA's core purpose is to shed light on the operation of government. Department of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749, 773, 109 S. Ct. 1468, 1481-82, 103 L. Ed. 2d 774 (1989). This purpose is effectuated by "facilitating public access to Government documents," Department of State v. Ray, 502 U.S. 164, 173, 112 S. Ct. 541, 547, 116 L. Ed. 2d 526 (1991), and by "piercing the veil of administrative secrecy and  opening agency action to the light of public scrutiny." Id., 112 S. Ct. at 547 (quoting Department of Air Force v. Rose, 425 U.S. 352, 361, 96 S. Ct. 1592, 1599, 48 L. Ed. 2d 11 (1976)); see also McCutchen v. Department of Health and Human Servs., 308 U.S. App. D.C. 121, 30 F.3d 183, 184 (D.C.Cir. 1994).
Nonetheless, FOIA does not provide unfettered access to government files and papers. McCutchen, 30 F.3d at 184. Nine categories of documents are exempt from disclosure. 5 U.S.C. §§ 552(a)(2), (b); see Reporters Committee, 489 U.S. at 755, 109 S. Ct. 1402 at 1412; Beck v. Department of Justice, 302 U.S. App. D.C. 287, 997 F.2d 1489, 1490 (D.C.Cir. 1993). The agency makes the original determination regarding the applicability of the FOIA exemptions to the particular request, 5 U.S.C. § 552(a)(6)(A), but "the primary interpretative responsibilities rest on the judiciary." Association of Retired R.R. Workers, Inc. v. United States R.R. Retirement Bd., 265 U.S. App. D.C. 183, 830 F.2d 331, 334 (D.C.Cir. 1987). The agency bears the burden to demonstrate that a claimed exemption applies, 5 U.S.C. § 552(a)(4)(B); see McCutchen, 30 F.3d at 185, and courts are to interpret the exemptions narrowly and de novo, recognizing that "disclosure, not secrecy, is the dominant objective" of FOIA's statutory scheme. Rose, 425 U.S. at 361 & 379, 96 S. Ct. at 1599 & 1607; see also Reporters Committee, 489 U.S. at 755, 109 S. Ct. at 1472.
B. The Standard of Review .
Summary judgment is appropriate in FOIA cases when there is "no genuine issue as to any material fact and . . . the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c); Petroleum Info. Corp. v. Department of the Interior, 298 U.S. App. D.C. 125, 976 F.2d 1429, 1433 (D.C.Cir. 1992); Alyeska Pipeline Serv. v. EPA, 272 U.S. App. D.C. 355, 856 F.2d 309, 314 (D.C.Cir. 1988). "The inquiry performed is the threshold inquiry of determining whether there is a need for trial--whether, in other words, there are any genuine issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S. Ct. 2505, 2510, 91 L. Ed. 2d 202 (1986). In considering a motion for summary judgment, the "evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in [its] favor." Id. at 255, 106 S. Ct. at 2513. At the same time, however, Rule 56 places a burden on the nonmoving party to "go beyond the pleadings and by [its] own affidavits, or by the 'depositions, answers to interrogatories, and admissions on file,' designate 'specific facts showing that there is a genuine issue for trial.'" Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S. Ct. 2548, 2553, 91 L. Ed. 2d 265 (1986) (citation omitted). "When an agency seeks to protect material which, even on the agency's version of the facts, falls outside the proffered exemption, summary judgment in favor of the FOIA plaintiff is appropriate." Petroleum Info. Corp., 976 F.2d at 1433.
C. The Motion for Summary Judgment
The Army has moved for summary judgment as to its withholding of portions of 26 records.
Of those records, the defendant has invoked Exemptions 5 (deliberative process),
6 (personal privacy) and 7(C) (law enforcement records) to justify nondisclosure for each record, save two. For those two records, the Army has claimed only Exemption 6 for Document No. 3 (the McCarty Investigation Report), and it only claims Exemptions 5 and 6 as to Document No. 78 (Lt.Col. Redfield memorandum dated Nov. 17, 1992).
After briefly outlining the general principles of law applicable to the exemptions claimed, those principles are applied to each document withheld.
1. Exemption 5 - Deliberative Process
Exemption 5 of FOIA protects from disclosure "inter-agency or intra-agency memorandums or letters which would not be available by law to a party . . . in litigation with the agency." 5 U.S.C. § 552(b)(5). This exemption encompasses all documents that are shielded from civil discovery, including those that are protected by the "deliberative process" privilege. NLRB v. Sears, Roebuck & Co., 421 U.S. 132, 149, 95 S. Ct. 1504, 1516, 44 L. Ed. 2d 29 (1975); Petroleum Info. Corp., 976 F.2d at 1433. Its purpose is to shelter "documents reflecting advisory opinions, recommendations and deliberations comprising part of a process by which governmental decisions and policies are formulated." NLRB, 421 U.S. at 150, 95 S. Ct. at 1516 (internal quotation and citation omitted).
Like all FOIA exemptions, this exemption must be construed as narrowly as is consistent with the efficient operation of the agency. Mapother v. Department of Justice, 303 U.S. App. D.C. 249, 3 F.3d 1533, 1537 (D.C.Cir. 1993); Army Times Publishing Co. v. Department of Air Force, 302 U.S. App. D.C. 432, 998 F.2d 1067, 1069 (D.C.Cir. 1993). The deliberative process privilege, therefore, protects only those documents that are both predecisional and deliberative. EPA v. Mink, 410 U.S. 73, 88, 93 S. Ct. 827, 836, 35 L. Ed. 2d 119 (1973). To determine whether a document is predecisional, a court must examine whether it was prepared "'to assist an agency decisionmaker in arriving at his decision,' rather than to support a decision already made." Petroleum Info. Corp., 976 F.2d at 1434 (quoting Renegotiation Bd. v. Grumman Aircraft Engineering Corp., 421 U.S. 168, 95 S. Ct. 1491, 44 L. Ed. 2d 57 (1975)). The material sought must be "antecedent to the adoption of an agency policy." Jordan v. Department of Justice, 192 U.S. App. D.C. 144, 591 F.2d 753, 774 (D.C.Cir. 1978). An agency is not obligated to demonstrate a specific final decision, but must only establish "what deliberative process is involved and the role played by the documents in the course of that process." Coastal States Gas Corp. v. Department of Energy, 199 U.S. App. D.C. 272, 617 F.2d 854, 868 (D.C.Cir. 1980). The agency must provide sufficient information about its decisionmaking process to establish that the document withheld was actually a part of that process. Senate of Puerto Rico v. Department of Justice, 262 U.S. App. D.C. 166, 823 F.2d 574, 586 (D.C.Cir. 1987); Bristol-Meyers Co. v. FTC, 194 U.S. App. D.C. 99, 598 F.2d 18, 28 n.20 (D.C.Cir. 1978). Merely claiming that a record was part of its decisionmaking process is not enough. SafeCard Serv. v. SEC, 288 U.S. App. D.C. 324, 926 F.2d 1197, 1204 (D.C.Cir. 1991); see Coastal States Gas Corp., 617 F.2d at 868.
While not always determinative, the deliberative nature of a document is frequently determined through the "simple test that factual material must be disclosed but advice and recommendations may be withheld." Wolfe v. Department of Health and Human Services, 268 U.S. App. D.C. 89, 839 F.2d 768, 774 (D.C.Cir. 1988) (en banc). This fact/opinion distinction cannot be applied mechanically because Exemption 5 protects from disclosure predecisional materials, even though factual, if disclosure of that material would "reveal an agency's or official's mode of formulating or exercising policy-implicating judgment." Petroleum Info. Corp., 976 F.2d at 1435.
The agency is required to make a "segregability" determination, see 5 U.S.C. § 552(b), stating that "all reasonably segregable" non-exempt (i.e, factual) information has been disclosed to a requester unless the "non-exempt portions of a document . . . are inextricably intertwined with exempt portions." Krikorian v. Department of State, 299 U.S. App. D.C. 331, 984 F.2d 461, 466 (D.C.Cir. 1993); see also Church of Scientology v. Department of Justice, 30 F.3d 224, 229 (1st Cir. 1994); Army Times Publishing Co., 998 F.2d at 1068; PHE, Inc. v. Department of Justice, 299 U.S. App. D.C. 223, 983 F.2d 248, 252 (D.C.Cir. 1993).
The fundamental purpose of Exemption 5 is to protect the agency's decisionmaking process. Thus, while opinions and recommendations contained in a memorandum or other document are protected, "a report does not become part of the deliberative process merely because it contains only those facts which the person making the report thinks material. If this were not so, every factual report would be protected as part of the deliberative process." Playboy Enterpr. v. Department of Justice, 219 U.S. App. D.C. 343, 677 F.2d 931, 935 (D.C.Cir. 1982). Similarly, material is not protected merely because the choice of facts reflects the declarant's viewpoint. See, e.g., Wayland v. NLRB, 627 F. Supp. 1473, 1476-77 (M.D.Tenn. 1986).
Witness statements obtained in the course of an agency investigation are subject to withholding under FOIA's Exemption 5, provided such statements otherwise satisfy the criteria of Exemption 5. United States v. Weber Aircraft Corp., 465 U.S. 792, 798, 104 S. Ct. 1488, 1492, 79 L. Ed. 2d 814 (1984) (statements of Air Force witnesses "are unquestionably 'intra-agency memorandums or letters'"); Badhwar v. Department of the Air Force, 264 U.S. App. D.C. 397, 829 F.2d 182, 184 (D.C. Cir. 1987). However, absent a promise of confidentiality or some other privilege, facts contained in statements by agency witnesses are subject to disclosure. See Weber Aircraft, 465 U.S. at 799, 104 S. Ct. at 1492 (approving application of the privilege set forth in Machin v. Zuckert, 114 U.S. App. D.C. 335, 316 F.2d 336 (D.C. Cir.), cert. denied, 375 U.S. 896, 11 L. Ed. 2d 124, 84 S. Ct. 172 (1963), under Exemption 5 of FOIA); Badwhar, 829 F.2d at 184-85 (deciding between disclosure and nondisclosure turns upon whether material is obtained based on a promise of confidentiality or "otherwise reflects 'deliberations or recommendations as to policies that should be pursued.'") (quoting Machin, 316 F.2d at 339); Martin v. Office of Special Counsel, MSPB, 260 U.S. App. D.C. 382, 819 F.2d 1181, 1186 (D.C.Cir. 1987) (facts protected as "work product"); Wayland, 627 F. Supp. at 1476-77 (M.D.Tenn. 1986) ("witness statements [are not] inextricably intertwined with deliberative material merely because the choice of facts reported or questions asked necessarily reveal the reporter's viewpoint").
Witness statements, like those withheld by the Army here, raise Exemption 5 questions where the witnesses include among their version of the facts their opinions and recommendations. Unless the factual portions cannot be reasonably segregated from the opinions or where disclosure would otherwise reveal the agency's deliberative process, the facts must be disclosed under FOIA. EPA v. Mink, 410 U.S. at 87-89, 93 S. Ct. at 837; National Wildlife Fed'n v. U.S. Forest Serv., 861 F.2d 1114, 1118 (9th Cir. 1988); Wolfe, 839 F.2d at 774; Weber Aircraft Corp. v. United States, 688 F.2d 638, 645 (9th Cir. 1982), rev'd on other grounds, 465 U.S. 792, 798, 104 S. Ct. 1488, 1492, 79 L. Ed. 2d 814 (1984); Montrose Chemical Corp. v. Train, 160 U.S. App. D.C. 270, 491 F.2d 63, 71 (D.C.Cir. 1974); see Providence Journal Co. v. Department of the Army, 981 F.2d 552, 568-69 (1st Cir. 1992). Of course, the agency still carries the burden to demonstrate that the opinion or recommendation played a definite role in the agency's deliberations, Coastal States, 617 F.2d at 868, because the deliberative process is inapplicable to material that could not reasonably be said to reveal the agency's policymaking judgment. Petroleum Info. Corp., 976 F.2d at 1429.
2. Exemption 6 - personal privacy
Exemption 6 permits the withholding of "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of privacy." 5 U.S.C. § 552(b)(6). The primary purpose of Exemption 6 is to protect individuals from the injury and embarrassment that can result from the unnecessary disclosure of personal information. Department of State v. Washington Post Co., 456 U.S. 595, 599, 102 S. Ct. 1957, 1960, 72 L. Ed. 2d 358 (1982). Exemption 6 does not, of course, protect against every intrusion of a person's privacy only those that are "clearly unwarranted." Rose, 425 U.S. at 382, 96 S. Ct. at 1608-09.
To fall within the scope of the protection of Exemption 6, the records sought "must first satisfy the threshold requirement of being a 'similar file.'" New York Times Co. v. NASA, 287 U.S. App. D.C. 208, 920 F.2d 1002, 1004 (D.C.Cir. 1990) (en banc). This threshold is minimal and includes information that "applies to a particular individual." Washington Post Co., 456 U.S. at 602, 102 S. Ct. at 1961; see New York Times Co. v. NASA, 920 F.2d at 1006. The Supreme Court has consistently rejected a narrow interpretation of this provision. Washington Post Co., 456 U.S. at 600, 102 S. Ct. at 1960-61. Purely personal details pertaining to government employees, such as personal addresses, e.g., Federal Labor Relations Authority v. Dep't of the Treasury Fin. Mgt. Serv., 280 U.S. App. D.C. 236, 884 F.2d 1446, 1453 (D.C.Cir. 1989), cert. denied, 493 U.S. 1055, 110 S. Ct. 864 (1990); National Assoc. of Retired Federal Employees v. Horner, 279 U.S. App. D.C. 27, 879 F.2d 873, 879 (D.C.Cir. 1989), cert. denied, 494 U.S. 1078, 108 L. Ed. 2d 936, 110 S. Ct. 1805 (1990), evaluation reports, e.g., Ripskis v. Department of Housing and Urban Development, 241 U.S. App. D.C. 8, 746 F.2d 1, 3-4 (D.C.Cir. 1984), and employment applications, e.g., Core v. United States Postal Serv., 730 F.2d 946, 948 (4th Cir. 1984), fall within the scope of the files protected under Exemption 6.
Once it is determined that the information sought is of a type that is subject to protection under Exemption 6, determining whether that information is, in fact, exempt from disclosure requires a balancing of the harm to the individual whose privacy would be breached against the public interest served by disclosure. See Rose, 425 U.S. at 372, 96 S. Ct. at 1604. Through Exemption 6, "Congress sought to construct an exemption that would require a balancing of the individual's right of privacy against the preservation of the basic purpose of the Freedom of Information Act 'to open agency action to the light of public scrutiny.' The device adopted to achieve that balance was the limited exemption, where privacy was threatened, for 'clearly unwarranted' invasions of personal privacy." Id., 96 S. Ct. at 1604 (citations omitted). As with FOIA generally, the fundamental question in evaluating the public interest is whether disclosure would provide a view of the agency's activities, thereby revealing what our "government is up to." Reporters Committee, 489 U.S. at 773, 109 S. Ct. at 1481.
3. Exemption 7(C) - law enforcement records
Exemption 7(C) allows an agency to withhold from disclosure information compiled for law enforcement purposes that "could reasonably be expected to constitute an unwarranted invasion of personal privacy." 5 U.S.C. § 552(b)(7)(C); see, e.g., Reporters Committee, 489 U.S. at 749, 109 S. Ct. at 1468; Nation Magazine v. United States Customs Serv., 315 U.S. App. D.C. 177, 71 F.3d 885, 893 (D.C.Cir. 1995). Material is exempt under Exemption 7(C) if "the privacy interest at stake outweighs the public's interest in disclosure." Nation Magazine, 71 F.3d at 893 (citing Reporters Committee, 489 U.S. 749 at 776, 109 S. Ct. at 1483); Davis v. Department of Justice, 296 U.S. App. D.C. 405, 968 F.2d 1276, 1281 (D.C.Cir. 1992). A record is exempt from disclosure not merely because it pertains to an individual but because, after balancing the interests, it is determined that disclosure would result in an unwarranted invasion of personal privacy. Nation Magazine, 71 F.3d at 893-95. Law enforcement records pertaining to a specific individual may "be cloaked with the public interest if the information would shed light on agency action." Quinon v. FBI, 318 U.S. App. D.C. 228, 86 F.3d 1222, 1231 (D.C.Cir. 1996) (quoting Nation Magazine, 71 F.3d at 895).
In contrast to the standard applicable to Exemption 6, the threshold for withholding under Exemption 7(C) is lower. A record, or segregable information contained therein, is protected from disclosure under Exemption 7(C) if it "could reasonably" be expected to constitute an "unwarranted" intrusion. On the other, under Exemption 6 withholding is permitted only if the intrusion "would be clearly unwarranted." Reporters Committee, 489 U.S. at 756, 109 S. Ct. 1473.
To be subject to the protections of Exemption 7(C), the material must have been "compiled for law enforcement purposes." The general internal monitoring by an agency of its own employees is not shielded from public scrutiny under Exemption 7, because "protection of all such internal monitoring under Exemption 7 would devastate FOIA." Stern v. FBI, 237 U.S. App. D.C. 302, 737 F.2d 84 at 89. An agency investigation is considered to be for law enforcement purposes if it "focuses 'directly on specifically alleged illegal acts, illegal actions of particular identified officials, acts which could, if proved, result in civil or criminal sanctions.'" Id. (quoting Rural Housing Alliance v. Department of Agriculture, 162 U.S. App. D.C. 122, 498 F.2d 73, 81 (D.C.Cir. 1974), r'hg denied, 164 U.S. App. D.C. 46, 502 F.2d 1179 (1974)).
The AR 15-6 informal investigations at issue here focused directly on the conduct of Lt.Col. Redfield and other government employees. Upon conducting an investigation and finding a violation of law or regulation, the Army has the option of conducting disciplinary proceedings against active duty military personnel under Title 10, United States Code, including Article 15 (Non-Judicial Punishment) of the Uniform Code of Military Justice, 10 U.S.C. § 815. For both its civilian employees and military members, the Army could pursue administrative action for the violation of Army regulations. See, e.g., DA 600-50 (conflict of interest regulations).
Because the Army has made a colorable claim of a rational law enforcement purpose in connection with both the Dangerfield and McCarty investigations, the Court finds that the records at issue here, the McCarty Investigation Report and certain enclosures thereto (or portions thereof) were compiled for law enforcement purposes. Keys v. Department of Justice, 265 U.S. App. D.C. 189, 830 F.2d 337, 343 (D.C.Cir. 1987); see Pratt v. Webster, 218 U.S. App. D.C. 17, 673 F.2d 408, 421 (D.C.Cir. 1982) (which established the test in this Circuit prior to removal of the "investigatory" threshold requirement in the 1986 FOIA amendments).
D. Identifying the relevant interests.
Although the standard applicable to Exemption 7(C) is different than that applied under Exemption 6, the same balancing formula applies in comparing the public interest with the privacy interest at stake. Of course, the privacy interests cognizable under Exemption 6 are also cognizable under Exemption 7(C). Stern, 237 U.S. App. D.C. 302, 737 F.2d 84 at 91. Under both Exemptions 6 ...

domain: law


text:
So I’ve started having ANA habit urges. It started about a month ago because I had gotten to the heaviest I’ve ever been (120 lb) and I was horrified because I remembered well the days of being 102, 105 lb. Yes, I was a child but those numbers still stuck in my mind because I hadn’t really grown since those weights and I was used to always being the smallest girl in any room. I wanted to at least get back down to where I was at college last semester where I felt totally healthy and normal (110 lb).
The other piece, at it always is with self destructive behaviors, I’ve been battling with some mental stuff. I was out of college for the second time, hadn’t completed a full year of school in 3 years, was watching my brother get into every college he applied to, and still dealing with the fairly recent trauma of my rape.
I was definitely looking for some form of control in my life.
My parents had decided for me that I didn’t get to go back to my college. I didn’t have my own room. I didn’t have friends. I felt purposeless and directionless.
I bounced back and forth from thinking okay at least my weight/appearance is one thing I have control and could succeed at, to I’m such a massive failure, I don’t deserve to indulge in anything.
Also when my self esteem goes low and my depression starts spiraling I start looking for more new self destructive behaviors to try. It’s how I tried smoking weed for the first time, having tons of meaningless casual sex, wanting to get drunk most weekends, and cutting for the first time.
Plus I was also spending a lot of time on Tumblr. Oh, Tumblr…
It’s just a sea of thinspo, meanspo and self hating triggers.
I also was watching my mom skip most meals and seeing her legs get thinner than mine. I was horrified and worried and pestering her about it constantly but it also made me a bit jealous, and competitive.
I’m the daughter, I should be skinnier.
I also think as I’m writing all this that a part of me believes if I can get back to my old weight, I’ll get back to my old self. Succeeding in school, sleeping regularly (I’m writing this at 4:45 AM) and not riddled with panic attacks and suicidal ideation.
I wouldn’t label myself an anorexic because I don’t have a calorie limit or obsess about it consistently. I know it is a very serious and dangerous disease and I don’t claim at all to know how true sufferers feel. But I am horrifyingly starting to see, how far too addicting this all can be.
Even the hunger pains and the knowing you resisted is so addicting. It’s strange.
And of course watching the numbers go down on the scale.

domain: psychology


text:
U.S. podcast advertising captured $314 million in revenue in 2017, a rise of 86 percent over $169 million in 2016, according to the latest IAB/PwC Podcast Advertising Revenue Study for full-year 2017 released this month by the Interactive Advertising Bureau (IAB) and conducted by IAB and PwC US.
According to IAB, the research predicts even stronger returns in the years ahead, forecasting that podcast revenue will surge to $659 million by 2020, a triple-digit 110 percent hike from 2017.
In self-reported revenues by top podcast companies, revenue continued to rise steadily, growing 94 percent between Q4 2016 and Q4 2017, yielding an 18 percent compound quarterly growth rate.
Host-read ads were cited as the preferred ad type, representing more than two-thirds of ads in 2017. Direct response ads transacted on a cost per thousand basis made up the majority of campaigns, followed by brand awareness ads (29%). In addition, ads integrated or edited into programming accounted for 58 percent of the podcast ad inventory in 2017.
Podcast preferred ad type
Most of the ads were purchased on annual / quarterly rate cards, via a direct IO. Less than 1% of the ads were bought via programmatic.

domain: finance


text:
6.00 (New paperback) Una cinta que vuela ; ipad mini wont load games Fabiana flores de Saenze (2001 2 oz - Living Mayan Culture in Spanish This is an 20 page reading book in Spanish (no translation available yet) published by the Friends of Ixchel Museum, a wonderful Textile Museum.
This reader and the activity book "Un poco de todo sobre el tejido maya" are complimentary.(1960) AMC Mayan Legends: The most Fascinating Maya Legends for Readers of All Ages; Javier Covo Torres ; Dante-The Maya World Publisher's, Mexico.Theres even been rumors that Arya would be reunited with her direwolf Nymeria on her travels after years of separation, which we could be seeing a tease of in these lonesome shots of her.Both old and new are included in this unusual storybook, which features tales that are favorites of the Maya themselves.(1993) mlft The Hummingbirds' Gift, Stefan Czerneck and Timothy Rhodes; Hyperion Books for Children, New York, NY (1994) Imagining Isabel, Omar.Sadly the author recently wrote (11/2010) me that agand has to close. .She hopes too, that his work away from home may bring money for school and new shoes. .If you have a favorite we don't list, please let us know about it so we can share it with others. .Limited quantities available (out of print).00 (Used hardback, condition: good, some ex-library,.2 lb) Going Home ; Eve Bunting; David Diaz, Illustrator (1996).
20 (Like new hardback or school edition,.82 lb) sold out The Chocolate Tree: A capitalism 2 crack no cd Mayan Folktale, Linda Lowery and Richard Keep, Janice Lee Porter Illustrator (2009).(used d-link dir-615 manual setup hardback or school binding, good condition, may be ex-library) Why there is No Arguing in Heaven: A Mayan Myth ; Deborah Nourse Lattimore.Women weave the cloth for their Huipils on a back-strap loom and then hand-embroider beautiful birds and flowers. .Illustrator (1994 56 pp ages 4-adult, 24 oz - Living Mayan Culture more bilingual in Spanish English A wonderfully illustrated book of Latin American children's song's chants and rhymes. .Used hardback or school binding, good condition, may be ex-library or lacks dust jacket,.82.) El, Tapiz de Abuela Omar.This is, of course, the money shot from the major battle seen throughout the trailer, and also related to the image we saw yesterday of Dany and Drogon, heralded many months ago by rumors that Dany herself would wade into the fray atop her dragon.Porter (editor Chelsea House Publishers, NY, NY, 128.The three ridges on his helmet at least match the ones from his old golden armor.McKissack, Chicago Press, Chicago,.
The book has been reprinted with several different covers than contain the same content.
Ages 7, reading 2-5th grades Mayan Legends and Folk Tales The perfect book for anyone (of any age) that loves chocolate, Guatemala and/or Mayan stories. .

domain: literature


Where: Herrington Country Park, Sunderland
Following a string of successful dates across the country, Hacienda Classical will be bringing a twist to the sounds of the iconic Hacienda Nightclub to Sunderland in August!
Hacienda Classical sees many club anthems remixed live with a classical twist – songs by bands and artists like New Order, Candi Staton, 808 State and more have been given the live orchestral treatment. The best and biggest hits will be spun on the night by top DJs Mike Pickering and Graeme Park. They’re playing alongside the AMC Choir and 40 musicians from Manchester’s acclaimed Camerata Orchestra, creating a unique collaboration.
There’s also set to be special guests on the night, including New Order’s Peter Hook and Happy Mondays’ Rowetta.
With so many classic tunes with a distinctive twist, this special night will appeal to old ravers and newcomers to the Hacienda sound alike.
General admission is £35.


text:
Great Lakes Ultimate Events was started with the dream that all tournaments can be fun, well run, and memorable events. We have ambitious plans to pursue that dream in the Midwest and are excited to see where it takes us!
The GLUE Crew has a combined 15+ years of tournament directing experience. We are all ultimate players who found a passion for organizing events and creating fun opportunities for players of all levels to compete. We are excited to work together to create some of the best events in the Midwest

domain: hobby


text:
eCommerce Economics by David VanHoose (Baylor University, USA)
This second edition of eCommerce Economics addresses the economic issues associated with using computer-mediated electronic networks, such as the Internet, as mechanisms for transferring ownership of or rights to use goods and services. After studying this book, students will recognize problems that arise in the electronic marketplace, such as how to gauge the competitive environment, what products to offer, how to market those products, and how to price those products. They also will understand the conceptual tools required to evaluate the proper scope of public policies relating to electronic commerce.
Core topics covered in the book include the underpinning of electronic commerce and the application of basic economic principles, including the theories of perfect and imperfect competition, to the electronic marketplace. Building on this foundation, the book discusses virtual products, network industries, and business strategies and conduct. Additional key topics include Internet advertising, intellectual property rights in a digital environment, regulatory issues in electronic markets, public sector issues, online banking and finance, digital cash, international electronic trade, and the implications of e-commerce for aggregate economic activity.

domain: library


text:
|A chemical reactor, paper-making machine, just-in-time automation
|Scale or flexibility
|A computer motherboard, a system’s core controller
|An automated bank teller, an automated car wash
|A software operating system, Integrated application software
|Versatility within the intended domain
|A unique pharmaceutical, molecular structure, formula, complex system
|An optical fiber network, social network
|A roofing system, a closet connection system, integrated automation equipment
|Adaptability in use, multiple uses
|Algorithms, Artificial Intelligence, and Machine Learning
|Bank loan screening models, search engines, voice recognition
|Rules, judgment, analysis, decision acceleration, understanding
|Connected Integration (IoT)
|Intelligent and integrated HVAC (heating, ventilation, and air-conditioning) controls
|The data structure, stack, queues
|An NFT that assigns certification to a tangible or intangible product or object.
|Scale and meta transfer
|Hybrid and Combination
|An automotive assembly (with engine and frames as separate platform-levers)
In the product line system, platform-levers are critical parts that deliver significantly more bang-for-the-buck (leverage) than other parts. Organization drive performance by focusing intensely on this limited set of parts. But too many focal points within a single product line will diminish the intensity of focus on each platform-lever. The requisite of “intense” focus sets up a PLaaS principle. Teams should try to keep the platform-lever count to three or fewer when creating a new product line and to fewer than seven for large existing lines.
Platform-Levers and Product Line Systems
Throughout the industrial revolution, the production plant or production asset was a company’s primary platform-lever. Businesses gained leverage by scaling production and lowering per unit product costs. The scale then enables a lower selling price and higher profit margin.
Next, businesses learned to create design platform-levers as characterized by Henry Ford’s Model T automobile. Interestingly, Ford coupled the design platform-lever with its production asset platform-levers. The platform-lever design grew increasingly important as businesses learned the platform-lever and the product were not the same. Separating the platform-levers from products enabled companies to add unique modules to the design platform-lever to give different products unique features. No longer did one platform lever deliver only one product to satisfy all customer needs.
In the second half of the twentieth century, companies learned how to combine or matrix multiple platform-levers to create an array of products. Keeping with the automobile example, you’ll see powertrain (engines and transmissions) platform-levers coupled to chassis platform-levers as an example. Both are design-type platform-levers.
The back-end of the twentieth century and the beginning of the next introduced software and the internet to the platform-lever tool bag. This advancement enabled many platform combination and allowed external forces (third party buyers and sellers, and user and contributors) to drive enormous power to the product line. It was this platform-lever evolution that forced businesses to rethink business models and chain-link business strategies.
It’s important to see that nearly any technology building block or module may be a platform-lever. However, all potential platform-levers don’t deliver the same leverage. Companies must determine what is and isn’t a platform-lever for their product line. It’s a strategic choice, not a given. The problem with declaring all building blocks to be platform-levers is the loss of intense focus.
Once a company makes a choice, they gain an intense focus through organizational structure, dedicated roles, processes, and support systems and practices. It is this intense focus that raises the building block or module to a platform-lever status in the product line strategy. And from that point forward, each platform-lever will be a critical part that delivers a vital force in a product line system.
Morphing and Evolving
Platform-levers types and their characteristics are dynamic and evolving. Expect today’s list to expand as companies apply creative and strategic thinking to forming and using Platform-Levers. There are many possibilities. Yet recognize the notion or theory of a new Platform is of little value until a company employs it and it works successfully.
We also see platform-levers combinations growing tremendously as a product line’s empowering core. For example, consider how a company may choose to combine a design platform-lever with a machine learning (self-evolving algorithm) platform-lever. You may be surprised to see Apple’s M1 CPU has set the stage for this strategic move. Although, not yet employed to its fullest, the M1 chip (a design platform lever) has AI-specific processing elements embedded in it. Expect ML to first contribute to the computer line as a building block. In the M chip’s future generation, though. I’d expect OS and ML to integrate seamlessly.
Archetype Breakdown and Codification
The product line systems archetype is the basic or core “first form” of the platform-lever combination.
Products, services, and combinations characterize a high-level grouping of PLaaS archetypes. This divide is much like you’d see for a business model. But you’ll see the PLaaS archetype goes deeper into the product line as a system. The PLaaS archetype will designate if the Product Line system beginning state will have one or multiple platform levers and the platform lever types employed.
The PLaaS beginning state matters a great deal. Consider an existing refrigerator line with a core design platform-lever. You’ll find adding new Platform-lever types to a current system is fraught with challenges because the company didn’t design the original system with the new PLaaS in mind. The integration can be kludgy, and data-generating sensors become an afterthought. It might work as a proof of concept, but it’s unlikely to be a great product.
The archetype sets the beginning or starting-point form of a product line. It is not a product line’s detailed build out. The build out is better captured and communicate through system diagrams and roadmaps.
How you describe a PLaaS archetype will reflect your vantage point toward the system. Every function within a company has a unique perspective on a product line and will describe it differently. And customers see the system differently than do competitors, plus both will be different from an internal view of a product line system.
Laying out PLaaS archetype codification is like designating the DNA of a product line. It can look complicated to many but it is also helpful once you learn the code. And like DNA, the each archetype can mutate into unexpected variants.
I divide PLaaS Archetypes into two levels. The first is the core orientation (see Table 2) and the second is the advancement orientation (see Table 3). Each level contains defining elements.
Table 2: Orientation and Platform-Levers (up to three during initial product line build stage)
|# 1Plat Lev
|# 2Plat Lev
|# 3Plat Lev
|up to 3
|Unknown | Unsure
|Algorithms, Artificial Intelligence,
and Machine Learning
|Connected Integration (IoT)
|Hybrid and Combination
Table 3 Market Segments and Technology Building Block Readiness
|Conceptual | Forming
|SC4= Fully Capable
|SC3=Some Improvement Needed
|Existing - Incremental Advancement
|Existing - Next Generation
|TR1=Much More Needed
|SC1=Much more is needed
|Existing - Pivoting
|Unknown | Unsure | Unclear

domain: design


text:
Monday-Friday 9:00 AM -5:00 PM
From Hwy. 34: cross the bridge coming into Corvallis (NW Harrison Blvd), turn right on 3rd. St., we are on the left side. We are right by McMenamins.
Directors Mortgage specializes in residential mortgage loans, purchases, refinances, construction loans, reverse mortgages & debt consolidation. NMLS #3240

domain: economics


text:
And you can easily make them on the sofa while watching something. Retrieved b c Kurlansky 5 x 11 6 paper lanterns and the short ones were. S a lot of room for 6 paper lanterns creativity.
In photography edit Highwattage paper lanterns radiation lab wall paper are commonly used in lighting for motion picture productions. Scissors or a Paper Cutter, since Lauren from, i love how these lanterns look light up with candles. A b Huang, journal of SouthCentral University For Nationalities Philosophy and Social Science. A b Beal, shaorong Winter 1991, other lanterns can be made out of colored silk usually red or vinyl. The Thinking Closet guest posted these awesome punched tin ornaments. Edgeless light to a scene 1," commonly referred to as" china balls they provide soft. In Western culture edit Placing candles or tea lights in a succession of small paper bags known as luminarias or farolitos is a common tradition in Hispanic communities during Christmas. A New Research into the Origin and Cultural Connotation of the Lantern Festiva" Samuel 1884, sometimes, we also sell high quality paper lanterns bulk with cheap prices like 4 or 8 assorted packs.
The color red (fire) traditionally symbolizes good fortune and joy.A b Tsien, Tsuen-Hsuin.


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Assam, located in the northeastern part of India, is a state rich in natural beauty, cultural heritage, and diverse wildlife. With its rolling tea gardens, picturesque rivers, and lush forests, Assam has something to offer every traveler. In this article, we will explore the different aspects of Assam tourism, from its must-visit destinations to the best time to visit, and everything in between.
Top Destinations to Visit in Assam
- Kaziranga National Park: Known for its one-horned rhinoceros population, Kaziranga National Park is a UNESCO World Heritage Site and one of the top destinations for wildlife enthusiasts. Visitors can go on a jeep or elephant safari to see the rhinos, as well as other species like elephants, tigers, and water buffalo.
- Tea Gardens: Assam is famous for its tea gardens, which produce some of the finest tea in the world. Visitors can take a tour of the tea gardens, learn about the tea-making process, and taste the delicious tea.
- Kamakhya Temple: This ancient temple, located in Dispur, the capital of Assam, is dedicated to the goddess of power and fertility, Kamakhya. Visitors can admire the stunning architecture and intricate carvings of the temple, and attend the annual Ambubachi Mela, a Hindu festival held in June.
- Brahmaputra River Cruise: A cruise on the Brahmaputra River is a unique and tranquil way to see the stunning landscapes of Assam. Visitors can take a sunset or sunrise cruise to admire the river, the tea gardens, and the lush forests along the riverbank.
- Traditional Villages: Assam is home to several traditional tribal villages, where visitors can learn about the rich cultural heritage of the state. Visitors can witness the daily life of the tribes, see their homes and craftsmanship, and participate in traditional activities like weaving and cooking.
When is the Best Time to Visit Assam?
The best time to visit Assam is from October to April when the weather is pleasant and the tea gardens are in full bloom. During this time, visitors can enjoy the scenic beauty of the state and take part in various festivals and activities.
Food and Cuisine in Assam
Assamese cuisine is known for its use of fresh, local ingredients, and its unique blend of flavors. Some popular dishes to try include fish curry, pitha (a type of rice cake), and dheki chura (beaten rice). Visitors can sample these dishes at local restaurants and street stalls, or try their hand at cooking the dishes in a local home-style cooking class.
Assam is a truly unique and fascinating state, with something to offer for every type of traveler. Whether you are interested in wildlife, culture, or nature, Assam has it all. So, whether you are planning a relaxing holiday or an adventure-filled trip, make sure to include Assam in your itinerary. With its beautiful landscapes, rich cultural heritage, and friendly locals, Assam will leave a lasting impression on all who visit.
Frequently asked questions about Assam Tourism
Here are some frequently asked questions about Assam tourism:
Q. What is Assam famous for?
A – Assam is famous for its tea gardens, which produce some of the finest tea in the world. The state is also known for its rich cultural heritage, diverse wildlife, including the one-horned rhinoceros, and natural beauty, such as the Brahmaputra River and the rolling hills.
Q. What are the top destinations to visit in Assam?
A – The top destinations to visit in Assam include Kaziranga National Park, tea gardens, Kamakhya Temple, Brahmaputra River cruise, and traditional villages.
Q. What is the best time to visit Assam?
A – The best time to visit Assam is from October to April when the weather is pleasant and the tea gardens are in full bloom.
Q. What is the cuisine of Assam like?
A – Assamese cuisine is known for its use of fresh, local ingredients, and its unique blend of flavors. Some popular dishes to try include fish curry, pitha, and dheki chura.
Q. Can I take a cruise on the Brahmaputra River?
A – Yes, visitors can take a cruise on the Brahmaputra River, which is a unique and tranquil way to see the stunning landscapes of Assam.
Q. Are there any traditional tribal villages to visit in Assam?
A – Yes, Assam is home to several traditional tribal villages, where visitors can learn about the rich cultural heritage of the state and witness the daily life of the tribes.
Q. Are there any cooking classes available in Assam?
A – Yes, visitors can take a local home-style cooking class to learn how to cook traditional Assamese dishes.

domain: geography


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Based on the accumulation of his actions and statements, Mr. Trump apparently does not believe in the ancient adage, ‘It is better to be thought a fool than to open one’s mouth and leave no doubt.’ Already this week, the Chief Justice of the Supreme Court has gone public with a very rare criticism of Mr. Trump’s uncivil and even malevolent comment about the non-partiality of the federal 9th Circuit Court of Appeals because the court recently ruled that Mr. Trump cannot legally take away immigrant rights to request asylum to enter this country.
It is often said by wise political analysts that the primary reason this country has lasted this long as a viable republican democracy is the constant working presence of an independent judicial system. Mr. Trump seems hellbent on either ending that process or at least seriously damaging it. He’s like the Bizarro comic book character for Superman—-an evil twin who is the exact opposite of the dependable man of steel.
Doubtless, that act will get more serious in the near future, and no, this is not a comment on the upcoming conclusions in the Mueller Report. Instead, my comment refers to the nearly invisible but steady march of legal danger for Mr. Trump under the emoluments clause issue. That is a part of the U.S. Constitution never really tested in court by any previous president. There are two emolument clauses. The first one, the Foreign Emoluments clause, is in Article I, Section 9. It says, “No Title of Nobility shall be granted by the United States: and no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”
The second one is the Domestic Emoluments clause in Article II, Section 1. It says, “The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.”
These two clauses represent the anti-corruption statements in the U.S. Constitution for the POTUS. Mr. Trump is going to force the federal court, for the first time in this republic, to make a definitive ruling on what constitutes and what does not constitute an emoluments violation.
There are currently two live cases pushed forward recently on this combined issue. The first one is a lawsuit by over 200 democratic congressmen regarding Mr. Trump’s continued profiteering from the Trump International Hotel, located a few blocks from the White House. This case recently passed (first part of November) the ‘Who’s got standing?’ threshold, and is proceeding forthwith. The case is now essentially into the discovery phase, when all relevant information and documents can be ascertained, including all the hotel’s receipts, the guest lists, and how much money went directly to the Trump family. Emmet Sullivan, the U.S. Federal District Court judge in the case has ruled that 200 Democratic members of Congress have legal standing to sue President Donald Trump for allegedly violating the emoluments clause of the Constitution by doing business with foreign governments while in office. The emoluments clause bars presidents from accepting gifts from foreign and domestic interests without consent from Congress, and the Trump administration has never asked Congress for any such permission.
The second case has also overcome the Trump administration’s efforts to have it dismissed. The attorneys general of Maryland and Washington, D.C., filed the case claiming that Mr. Trump is daily violating the Constitution’s emolument’s clauses by improperly benefiting financially whenever foreign or state governments patronize the Trump International Hotel (including Saudi Arabia). It’s as if the president hung up a sign near the White House, “Open for Business. Bring Cash Only.”
For the American people, hopefully these suits end with public victories. American democracy and its integrity need to be saved!!
Professor David L. Horne is founder and executive director of PAPPEI, the Pan African Public Policy and Ethical Institute, which is a new 501(c)(3) pending community-based organization or non-governmental organization (NGO). It is the stepparent organization for the California Black Think Tank which still operates and which meets every fourth Friday.
DISCLAIMER: The beliefs and viewpoints expressed in opinion pieces, letters to the editor, by columnists and/or contributing writers are not necessarily those of OurWeekly.

domain: news


How will the possible restoration of voting rights to nonviolent felons affect the outcome of the Virginia elections this year?
The details of the new policy, created by Republican Governor Robert F. McDonnell, that will allow certain felons who have completed their sentences are still being determined.
The article states that advocates “have spent weeks wrestling with details such as how to determine who will qualify, how to find the thousands who could be eligible, and whether felons should be required to pay outstanding fines before they can regain voting rights.”
Although there are some concerns and details to determine, advocates are hopeful to return voting rights to felons who have committed minor crimes at a faster pace.
However, felons who have committed more serious crimes, or who are determined as unfit, must go through the more strict process that is already in place and they must wait five years to regain their voting privileges.
How do you feel about automatically restoring voting rights to nonviolent felons? Read more details about Gov. McDonnell’s policy in this Washington Post Article


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Greg Puciato, the enigmatic singer of multiple bands (The Dillinger Escape Plan, Killer Be Killed, The Black Queen), as well as an accomplished solo artist has announced the Dec. 11 premiere of “Fuck Content,” a diverse and unique online streaming event.
THE DEAD DEADS, a power trio that combines elements of alt rock, punk rock, and metal into a fingerprint-distinct blend, have shared the video for their new single “In For Blood.” The track lives on the band’s upcoming album, Tell Your Girls It’s Alright, due out in 2021.
On its eighth full-length album, Weight of the False Self, Hatebreed remains a frontrunner of the metalcore/hardcore genre. Jamey Jasta spoke with us during a recent phone interview about the new Hatebreed album, hosting his own podcast show, and a possible new Kingdom of Sorrow record.
CADAVER Edder & Bile NUCLEAR BLAST 8/10 BACK WITH BITE: Man, talk about a welcome return. Norway’s Cadaver was always sort of a welcomed...
Goth metallers Bullet To The Heart have just released a brand new video, “Falling Away.” Combining ethereal vocals with haunting, crushing hooks, “Falling Away” will instantly catch the ears of fans of Evanescence, Lacuna Coil, Disturbed, and more.
Kansas City trio Young Medicine has released their new single and official music video for “Winter Soldier,” showcasing the band’s Warped-Tour-meets-Synthwave sound.
SOFT KILL Dead Kids, R.I.P. City CERCLE SOCIAL 9/10 DARK DREAMY POST-PUNK: For those of you struggling with the harsh reality that 2020 has handed you,...
RLND is debuting the first single off their upcoming album. Of the track, the guys explain, “‘Keith Sells But Who’s Buying’ is the first track off of Zealand, a concept album built around our collective narrative as a capitalist society.”
Today, the kindred of Yorkshire raise the curtains. Their new EP Macabre Cabaret, following the band’s highly acclaimed album The Ghost of Orion (March 6th) is out today!
On Friday December 18th at 4PM PST//7PM EST, The Black Dahlia Murder will kick off their “Yule ‘Em All: A Holiday Variety Extravaganza” livestream, featuring live performances, special guests, and more!


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Don’t mess with LeAnn Rimes! The singer hit the shooting range with friends Thursday and shared a few photos of herself packing some heat.
Earlier this month, Rimes shared a photo from her vow renewal with husband Eddie Cibrian. The couple jetted to Mexico to celebrate their first wedding anniversary together.
by Kelly Fisher


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What internet ban? Kashmir politicians still lead a busy social media life
In spite of the state government imposing a ban on social media platforms, the who’s who of Kashmir continue to be able to post on Facebook and Twitter, including the ruling Peoples Democratic Party.
Tweets sent out three days ago by the youth wing president of the ruling Peoples Democratic Party (PDP) about chief minister Mehbooba Mufti meeting young entrepreneurs would have been innocuous, had the situation been normal in Jammu and Kashmir.
But the state has been under a social media ban since April 26, and Waheed-ru-Rehman Para’s 140-character post on the micro-blogging site drew an immediate caustic response from rival National Conference spokesperson Junaid Mattu.
Mattu retweeted Para’s tweet, adding: “Hasn’t the CM banned Twitter in Kashmir? Isn’t your tweet the irony of ironies”.
Para did not respond. Mattu, however, was least embarrassed when asked how he could manage to tweet in the time of the ban. He, instead, blamed the state government and its officials for circumventing the ban.
“It’s not only hypocritical but outright evil of a government to have laws and then circumvent them as per convenience. It’s tragic and goes on to show how they have lost the plot in Kashmir,” he riled.
Para’s silence and Mattu’s broadside shone the light on what has been an open secret in Kashmir: That the social media ban enforced to quell rumours and violent protests has been more of a joke with almost everyone turning to the Virtual Private Network (VPN) technique to access blocked sites.
The VPN masks a user’s location, letting them access websites banned in a particular area.
The Who’s Who of Kashmir is continuing to post on Facebook and Twitter.
The PDP and its social media handles are still vigorously promoting the chief minister and her welfare activities while opposition leader Omar Abdullah is as active as ever in disseminating his views on the happenings in Kashmir on social media.
Equally active are some ministers, bureaucrats and senior police officials.
At a recent official meeting in Srinagar, the summer capital, a source recounted officials in attendance discussing alternatives to circumvent the ban since one particular VPN had stopped working.
“Government officials are also humans, you have to understand,” remarked an official rather sheepishly.
The brazenness with which the ban is flouted has assumed bizarre proportions.
When news broke this Tuesday of the chief minister being heckled by women at an event, PDP officials requested journalists to check out the videos uploaded on Twitter by rural development minister Abdul Haq Khan that seemed to show otherwise.
Khan’s tweets drew instant sarcasm. “Which VPN does the minister use,” many asked.
Meanwhile, Mehbooba Mufti’s verified Facebook page is regularly being updated with her daily activities by administrators based in Srinagar, even as the United Nations continue to press for immediate revocation of the social media ban. The gag is a “collective punishment,” the UN high commissioner for human rights said.


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A recent study of local government financial reports found Plano was the only major Texas city that entered last year’s COVID shutdowns in good fiscal health. The rest of Texas’ major cities were “sinkhole cities,” needing more money from taxpayers to pay their bills—coming mostly from growing unfunded retirement obligations. Unfortunately, last week’s statewide power outage crisis may worsen the financial health of these “sinkholes.”
In their fifth annual Financial State of the Cities report, the citizen organization Truth in Accounting (TIA) analyzed the comprehensive annual financial reports (CAFRs) of the 75 most populous U.S. cities (before the coronavirus pandemic) to determine their financial health going into 2020.
Last year, TIA found Texas itself to be a “sinkhole state,” meaning the state would have to take $11,000 more from each taxpayer to pay off all debts.
The most recent city report, published this January, was based on 2019 data.
The report included data of nine Texas cities.
Of those, only Plano went into last year’s government economic shutdowns and restrictions in a good financial position. The city earned a B grade, qualifying for the title of a “sunshine city” (having more than enough money to pay its bills). Plano ranked ninth in the nation, with a surplus of $2,000 per taxpayer if all the city’s bills were paid.
“Unlike most cities before the crisis, Plano had more than enough resources available, $164 million, to pay all of its bills, including public employees’ retirement benefits,” TIA’s report states. “This means that Plano’s elected officials have truly balanced their budgets.”
The other eight Texas cities studied earned the title of “sinkhole cities,” meaning they didn’t have enough money to pay all of their bills and would need more from taxpayers.
Dallas earned the worst ranking, scoring 61st out of the 75 cities studied nationwide.
“Dallas’ elected officials have repeatedly made financial decisions that have left the city with a debt burden of $5.1 billion,” the report states. “Of the $10.6 billion in retirement benefits promised, the city has not funded $4.7 billion in pension and $565.4 million in retiree health care benefits.”
In 2019, Dallas had $2.79 billion to pay more than $7 billion worth of obligations. Dallas would need an additional $13,500 from each taxpayer to pay off the $5 billion-plus difference, by far the heaviest burden of Texas cities in the report. Dallas earned a D grade.
Growing unfunded retirement obligations was listed as an issue affecting the rest of Texas’ sinkhole cities, as well.
Houston earned a D grade but did slightly better than Dallas, ranking 58 out of 75 with a per-taxpayer burden of $11,600 to pay the $7 billion-plus difference between the city’s assets and liabilities.
Fort Worth, typically thought of as a Republican area, earned a D ranking and 54th place, with a $9,400 per-taxpayer burden to pay off the $2 billion-plus difference between assets and liabilities.
Austin, the Texas capital, showed a $7,600 per-taxpayer burden, followed by El Paso’s $5,200 per-taxpayer burden. Both earned a D grade.
San Antonio, with a $3,500 per-taxpayer burden, and Corpus Christi, with a $1,100 per-taxpayer burden, each earned a C.
Among Texas’ sinkhole cities, Arlington had the taxpayer burden, needing $200 per taxpayer to pay the $23 million-plus difference between city assets and liabilities. Arlington also earned a C grade.
Truth in Accounting found all 75 cities have balanced budget requirements, but that doesn’t necessarily mean they have balanced budgets.
“Sixty-two cities, however, have circumvented the intent of the balanced budget requirements by racking up $333.5 billion of debt,” the report found.
It goes on to list “accounting tricks” used to give the appearance a budget is balanced, such as “inflating revenue assumptions, counting borrowed money as income, understating the true costs of government, and delaying the payment of current bills until the start of the next fiscal year so they aren’t included in the calculations.”
The trick most often used, though, is keeping employee compensation—including retirement—hidden from the budgeting process.
“Unfortunately, some elected officials have used portions of the money that is owed to pension and OPEB [other post-employment benefits] funds to keep taxes low and pay for politically popular programs,” the report adds.
“Texas truly is the tale of two governments,” Tim Hardin, executive director of Texans for Fiscal Responsibility, told Texas Scorecard. “For the last decade, the state biennial budgets have had room for improvement, but they still have been fiscally sound as they are required to be below BRE [Biennial Revenue Estimate].”
“Texas cities, on the other hand, have had a different philosophy on spending,” Hardin said.
This has resulted in the state having to step in multiple times legislatively to protect homeowners from rising taxes as a result of out-of-control spending by the cities.
After last week’s power crisis, there is a possibility the Legislature could face a number of cities begging for bailouts and threatening to hike property taxes. The City of Denton was hit with a $207 million electric bill—more than they usually pay in a single year—for four days of power during last week’s statewide blackouts.
As of publication, it is unknown how many cities will be in a similar situation.
“TFR believes that the solution to the fiscal problems in municipalities is for more citizen involvement in local elections,” Hardin said. “Activists should hold local officials accountable by voting out bad actors and advocating for election reform to ensure a more transparent and uniform local election process.”
Truth in Accounting advises citizens to learn their city and state government’s true financial situation and to encourage elected officials “to balance the budget truthfully,” promoting “full accrual calculations and techniques (FACT).”


The Liverpool City Region must receive its fair share of transport investment from central Government to better link up with the great cities of Northern England, Steve Rotheram MP has said.
Labour’s candidate for Metro Mayor of the Liverpool City Region met with David Brown, Chief Executive at Transport for the North (TfN) at an event in Parliament yesterday (Wednesday 26th October) to discuss plans for future investment in the Liverpool City Region as well as a recently submitted proposal to the Department for Transport to become a statutory Sub-national Transport Body.
Since its inception in 2014, TfN has been working together with local authorities and stakeholders to allow the North to speak with one voice on the big decisions to benefit the region as a whole.
In March 2015 TfN unveiled its ambitious vision to help build the Northern Powerhouse by transforming connectivity with a host of transport improvements. The blueprint set out a strategic economic case with plans for rail, highways, freight, inter-city connectivity and integrated transport services including a smart ticketing system. The Government has committed to investing £13 billion on transport projects across the North.
After attending the event, Steve Rotheram MP said:
“The Liverpool City Region needs a world-class transport system so we can better link up the individual cities and towns in the North, to allow them to function as a better joined up economy and be stronger than the sum of their parts.
“Transport for the North is identifying the issues and coming up with real, practical solutions. Securing its status as a statutory Sub-national Transport Body will be an important step in the story of devolution, which will undoubtedly benefit the Liverpool City Region and the whole of the North.”
David Brown, Chief Executive of Transport for the North, added:
“What we want to do is better connect the major urban centres and economic assets of the North to market opportunities. This will mean better connections for everyone including talented staff, suppliers, collaborators and customers at home and abroad. If we get this right then a higher-performing, more unified Northern economy will be a magnet for inward investment. And, if we do that, it could add more than £97 billion in real terms in gross value added and 850,000 new jobs by 2050. Clearly this is a prize worth having both for the North and the rest of the UK.”
The proposal for STB status, submitted to the Secretary of State for Transport, Chris Grayling MP sets out the powers the organisation is seeking to have transferred from central government, and the basis on which these powers will be governed and delivered.
The Secretary of State will consider the proposal, and if he approves it, will draft a Statutory Instrument, which will then need to be approved by each House of Parliament.


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Yes I know, Halloween is over and I’m already writing about Thanksgiving. I don’t like things like that either but I’m more of a plan ahead person than a last minute person. Think of it this way at least I’m not writing about Christmas….yet. Anyway to get to the point, I’m writing this blog because it’s almost the holiday season and a lot of the times while I scroll though Pinterest, Instagram, basically every social media platform a 19 year old like me has access to. I noticed a lot of arts and crafts being made for decorations and the prices they go for are crazy. So I thought “Why not make my own for so little, and with things I have scattered at home?” So that’s exactly what I did. I gathered a few scraps of fabric that I had gotten from Stylish Fabric before from home and had my nephews help. Here’s a process of a mini Thanksgiving craft we made with just fabrics and a small sewing kit!
As I was taking pictures, this little one decides he wants to be funny and make funny faces to the camera.
Stenciling this was not as easy at it looked when you have two 5 year olds helping you.
I got the fabric a while ago for my mom from Stylish Fabric to make this project possible. I used their 406 Jersey knit fabric for this design. It has a good thickness to it which made things easier to sew the designs and cut the material to place them on he fabric. I’m not good at sewing or at cutting stencils out but I was the only old enough person to use the scissors while my nephews did more of the leafs. Finally after getting the leaves ready we prepped them for sewing and it felt smooth and blended very well our back fabric we used to make this design. The Jersey fabric has a width of 58/60 and weighs about 200 gsm which isn’t much but it worked since we are planning to display this on Thanksgiving day.
Finally after about I would say 1 hour and 20 minutes. Our project was finished, the end result was that the small centerpiece was smooth and soft exactly what we were aiming for because this was supposed to have a good flow if this was going to be hung outside.
The end result of our mini flag display for our Thanksgiving Day Dinner.
This project is also good for any occasion. You can have your kids make amazing and creative decorations for the holidays. If you have any scraps laying around, have your kids use their imaginations and create whatever they desire. That way you don’t have left over fabric cluttering your space and causing you trouble. Perfect to do to make new memories and bond during the holiday season. Special Thanks to Stylish Fabric for providing good quality fabrics and supplies for this design. Make sure you get your supplies and fabrics today on their site stylishfabric.com and save! They are currently having $15 and under party decoration promo right now.

domain: artistic


The Ford Fiesta ST has a well-earned reputation as one of the most fun-to-drive and best value-for-money performance cars money can buy.
After the seventh-generation Fiesta was revealed last November, Ford has now taken the wraps off the new 2017 ST version, which in place of a 1.6-litre EcoBoost four-cylinder now sports a 1.5-litre triple with cylinder deactivation and more power. Economy improves from 6.2L/100km to 5.2L/100km.
Power and torque outputs are now 147kW (200PS) and 290Nm, which is incidentally what the existing model manages on a temporary ‘overboost’ function for just 20 seconds at a time. As a result, 0-100km/h comes in 6.7 seconds – an improvement of 0.2 seconds.
The ST also gets switchable Drive Modes that include settings for the throttle mapping, steering feel and how lenient the electronic stability control is, with Normal, Sport and Track. There is still an ‘Electronic Sound Enhancement’ system and torque vectoring.
Expected benefits of the switch from four to three cylinders include less weight over the front axle for superior handling and a better engine note. Ford’s EcoBoost three-cylinder has won multiple awards, with the block and crankcase able to pass through airport security in a demonstration by Ford.
There has been no word yet on Australian availability, but presently the ST is sourced from Germany, while the cooking models come from Thailand. We will keep you posted as news comes to hand.


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Ruskin Bond, whose stories have shaped many chidhoods, today said that storytelling is a "blend of factual fiction" and all his stories have been "genuine lies".
"All my stories are genuine lies. A story is often a blend of fiction and non-fiction. In order to tell an interesting story, you have to churn things around, like change time sequences. So, storytelling becomes a blend of factual fiction," he said.
For Bond, who was speaking at the Times LitFest here, no subject is as intriguing as a living person and his surroundings, vindicating the recurrence of both in nearly all his stories.
"People are the stories. People and nature give me beautiful thoughts and I put those thoughts in my work. If you look for 'beautiful' in life you will find it very often," he said.
Bond was also felicitated with the Lifetime Achievement Award at the literary event.
Having spent most of his life in the lap of the Himalayas in a quaint cottage in Landour, the 82-year-old writer has been in close proximity with nature, which he said has been rapidly degrading, thanks to the development drives carried out by human beings.
"Nature has always inspired me to write, and I have responded to it in my stories. God has created beautiful things but has put human beings in-charge. But, unfortunately we have not done a really good job in preserving it.
"The urban spaces are apparent everywhere and all this combines to take away the charm of the surroundings," he said.
According to Bond, who recently came out with a series of eight murder mysteries, social media has changed the way people read, even though reading continues to remain a "minority past-time".
"Social media is changing the way people read. Even though a vast majority still prefers the natural book, younger people are also reading e-books. And as far as number of readers go, I think they are far more today.
"In my schooldays, though we had a very good library, there were just two or three boys who were fond of reading. Reading has always been a minority past-time and it still is, but since the minority has grown, the number of readers has also increased," he said.
For all aspiring writers, Bond suggests that they must
inculcate a habit of reading early in their lives, because "any boy or girl who becomes a reader at an early age wants to start writing too."
As a child, he said, he wanted to emulate the writers he was fond of.
Bond's first story was written in school on one of his exercise books and featured his headmaster.
"When I was in school I wrote a little novel and put my headmaster in the story. I was writing in the exercise books which found way to his office," he quipped.
The author, who admits that he loves taking naps, is extremely disciplined when it comes to writing, and feels early morning is the best time of the day to pen one's thoughts.
"As a writer you have to be fairly disciplined and put in a certain amount of work preferably everyday.
"I get out of bed at 8 and write for an hour or two whether it is summer or winter. Early morning time is the best to write when there is nobody banging at your door," he said.


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The case involved a rabid skunk approximately 2 miles Southeast of Willow Springs. The skunk exposed 4 dogs that were all current on their rabies vaccinations. The dogs received a booster shot from a local veterinarian and will be monitored for 45 days.
“This is a very fortunate situation in which family pets were current on their rabies vaccinations. The animals had received the rabies vaccinations in 2012 during the annual countywide rabies clinic. Had the dogs not been up to date on the vaccinations, we would have had to euthanize them or quarantine them for 6 months at a vet facility at the owners cost due to rabies exposure. It is very important for people to protect themselves against rabies by not handling any pet that has been exposed to a wild animal until that animal can be tested to see if it is carrying the rabies virus.” said Justin Frazier, Environmental Public Health Supervisor with the Howell County Health Department.
In 2008, a Texas county man died from rabies after being bitten on the ear by a bat, marking the first human rabies death in Missouri since 1959. The Centers for Disease Control and Prevention (CDC) estimates that 40,000 persons in the United States receive the anti-rabies series of shots annually.
Although rabies is transmitted to humans almost entirely through bites from rabid animals, contamination of open wounds or mucous membranes with saliva or nervous tissue from a rabid animal could potentially constitute an exposure. It is important to remember that personal pets should not be handled without protection directly after being exposed to wildlife due to the potential for carrying residual saliva from an infected animal.
To date in 2013, this is the second confirmed cases of rabies in Howell County, both skunks, as well as the twelfth rabies case statewide. Howell County ended 2012 with 6 rabid skunks reported to the Howell County Health Department. In 2011, Howell County had a total of 7 positive rabies cases, which all involved skunks. In 2010, Howell County had a record total of 16 positive rabies cases, all involving skunks.
Annually, 7,000 to 8,000 rabid animals are detected in the United States, with more than 90 percent of the cases in wild animals. Rabies is found naturally in Missouri, occurring primarily in bats and skunks, although other animals are also found to be rabid each year, including domestic species such as dogs, cats, horses, and cattle.
COUNTYWIDE RABIES CLINIC TO BE HELD
The Howell County Health Department will again be sponsoring a countywide rabies vaccination clinic on April 27, where county residents may receive reduced cost vaccinations for their pets.
“This year’s clinic will be different than previous years in the fact that in addition to the site at the Heart of the Ozarks Fairgrounds from 12:00-3:00, residents are also offered an opportunity to have pets vaccinated at the clinics of local participating veterinarians.” Frazier stated.
Times and locations are as follows:
Kramer Animal Hospital 256-2014 8:00-5:00 at clinic. 109 St. Louis St.
West Plains Vet Clinic 256-4515 8:00-12:00 at clinic. 1716 W. Hwy 160
Talburt Animal Health Center 256-2838 8:00-1:00 at clinic. 3001 Porter Wagoner
Animal Clinic of West Plains 256-6145 8:00-11:00 at clinic. 1101 St. Rt. 17
12:00-3:00 at the Heart of the Ozarks Fairgrounds
Mountain View Farmers Market- Dr. Lewis 934-2323 1:00-3:00
Barn Hollow Veterinarian Services- Dr. Orchard 934-0234 1:00-3:00
Willow Springs Booster Field- Dr. Lewis 469-4138 9:00-11:00
Animal Clinic of Willow Springs clinic- Dr. Gunter 469-3930 10:30-12:30
Additional information about rabies is available by calling the Environmental Public Health Section at the Howell County Health Department at 417-256-7078

domain: health