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Sunday, September 30, 2012
Australia vs South Africa 19th Match at Colombo
Cricket Live Score of Australia vs South Africa 19th Match - Colombo on 2012. Get Cric Live Score of South Africa vs Australia, 19th Match of ICC World Twenty20 2012. South Africa vs Australia 19th Match begins at 30 Sep 2012 onwards at Colombo. Get Full Scorecard of Australia vs South Africa, 19th Match ICC World Twenty20 2012 online free. Get batting and bowling figures of 19th Match match starting at 2012, 30 Sep 2012. Online Live Match of Australia vs South Africa 19th Match - ICC World Twenty20 2012 live from Colombo.
Current Time: 09/30/2012 09:14:03 GMT
Time Left:
Australia vs South Africa, 19th Match
Toss: NA
: /()
Result: Match scheduled to begin at 15:30 local time (10:00 GMT)
Man of the Match
To be Decided
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Australia Team Squad: DJ Hussey, MEK Hussey, SR Watson, CL White, GJ Bailey, XJ Doherty, GB Hogg, DA Warner, GJ Maxwell, Mitchell Starc, Patrick Cummins, MS Wade, DT Christian?
South Africa Team Squad: AB de Villiers, JH Kallis, JA Morkel, M Morkel, DW Steyn, HM Amla, J Botha, JP Duminy, RJ Peterson, JL Ontong, LL Tsotsobe, WD Parnell, RE Levi, Faf du Plessis, Farhaan Behardien?
Umpires: HDPK Dharmasena and IJ Gould
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TV umpire: RA Kettleborough
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Match referee: JJ Crowe
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Reserve Umpire: RJ Tucker
Source: http://www.cricwaves.com/1559/australia-vs-south-africa-30-sep-2012/Scorecard.html
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Saturday, September 29, 2012
Community Arts Vancouver ? Dialogue 2012-09-29
back to general information about our Community Arts Dialogues
AGENDA
Hand Name-tags ? Welcome table ?/ Community Info Sharing ? Learning Lab / Coffee and mingling ? wherever
Member Outreach Volunteers Evi Vassious ?Tatanya Slavkova ? Roma Ahi ? Diana Joy ?Denise Cooper
Art with Vivianne Bomberry ? Carport
1:00 ? 1:30 Welcome ? Mary Bennett
Aboriginal welcome ? Sandra Pronteau
Poetry reading about Art, Heart, Self-empowerment
Sandra Pronteau & Ghia Aweida (Intrepid Pens)
Elliot Slinn -Slam Poet? http://www.youtube.com/watch?v=ZbrlK9QawfQ
Speaking on the Theme (Francis) ?Gift Circle Hearts (Mary)
1:30 ? 1:45 ? ? ? Presentation: Orcas in the City ? Todd Polich and Joji Kumagai?- introduced by Francis
1:45 ? 2:00 ? ? ? Small Group Dialogue ?Artist-recorders: Paulina Mueller? Francis Denise ?Amanda ?Evi
2:00 ? 2:10????? Summary from small groups and Q&A with presenters
?2:10 ? 2:30????? Coffee break and gift circle, open networking, people bring things related to what they?re doing, set up easels for promo materials.
2:30 ? 3:00????? Heart Art ?-?Artist/facilitator: Vivian Bomberry of EWMA (Enterprising Women Making Art.)
3:00 ? 3:15 ? ??Gallery Gachet ? Kara Lee and Anthony Meza-Wilson?- introduced by Denise
?3:15 ? 3:30 ? ? Small Groups
3:30 ? 3:40????? Summary from small groups and Q&A with presenters? ? Denise
3:40 ? 3:45????? Thank you to presenters, facilitators and supporters/funders
3:45 ? 4:00????? Evaluation/ Conclusion? ? Amanda
? |
| Todd Polich of EarthFoundation.ca engaged with 80+ kids to create the Orcas in the City mural at Sunrise Market. Todd has created numerous murals and has created a new program called the Art of Empowerment. Joji Kumagai, Executive Director of Strathcona Business Improvement Association will join Todd in sharing how mural-making builds community. |
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Dialogue questions:
- What are your experiences in engaging with a group of people to create a visual art piece (mural or other)?
- What guidelines do you need to use in engaging with children in a project?
- Collaboration among several organizations is a key part of the Orcas in the City project. How would you go about building partnerships/collaborations for a project?
- Questions for Todd and Joji?
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| Gallery Gachet is a unique artist-run centre located in Vancouver?s Downtown Eastside. Gachet is a collectively-run exhibition and studio space built to empower participants as artists, administrators and curators. Volunteer coordinator, Anthony Meza-Wilson and Collective member, Kara Lee?will share the story and their own stories.? |
Dialogue questions
- What are the challenges in engaging with diversity?
- How can volunteers be sensitized to work with marginalized communities?
- What are key steps to effectively and meaningfully engaging with volunteers to support community art
- Questions for Gallery Gachet?
Gift Circle ? You?ll be invited to share (and receive) resources through a gift circle.
There will be an art-making ?break? to create heart art from?ivy or other invasive/abundant materials
Come meet fellow art enthusiasts and discuss how experiencing art can promote self-confidence, social justice, acceptance and growth.
Most of the session will be participative aimed at artists and supporters sharing their thoughts.
??
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Next Dialogue: Art and Social Justice
October 27 1-4pm
Presenters: Hope in Shadows calendar and DTES Writing Group
Saturday, October 27, 2012 1-4pm UBC Learning Exchange
Details and registration here.
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Source: http://www.cacv.ca/dialogue-2012-09-29
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Video: Is the economy still Obama?s weakness?
>>> wednesday's debate topic, domestic policy . naturally it will include the economy. now the latest polls somehow president obama erasing mitt romney 's edge on that number one issue and actually leading in some polls who would better handle the economy. president obama is also using a new line.
>> during campaign season you always hear a lot about patriotism. well, you know what? it's time for a new economic patriotism . an economic patriotism rooted in the belief that growing our economy begins with a strong and thriving middle class .
>> joining any now "newsweek" columnist and cnbc contributor, zachary carabaugh. good friday, sir. economic patriotism is a new part of the lexicon here.
>> it is a new part of the lexicon. it can mean just about anything. i don't mean to sound cynical about this. if you're for the president's economic policies , you're an economic patriot, and if you're against it, you're not. it's not a clear policy. it is a very catchy phrase.
>> it is a very catchy phrase. in addition to being a centerpiece of a new ad, former ohio governor ted strickland used the phrase to take aim at romney in his democratic convention speech. take a look.
>> mitt has so little economic patriotism that even his money needs a passport. it's summers on the beaches of the cayman islands and winters on the slopes of the swiss alps .
>> it's clearly been poll-tested, the phrase itself. is this economic patriotism code for the president selling tax hikes and selling more spending on infrastructure?
>> no. i think it really is a way of distinguishing himself from romney , being more positive about it. my take is president clinton had a great advice, and i think it was for john kerry in 2004 , which is, always run as if the economy is doing well. his point about that was if you run on the message as romney has that the economy is in the tank and the president has messed it up, you better hope that the economic data is sufficiently bad leading up to the election that that argument that has real trenches. the problem is not that the economic data is so great, it's not. it's clearly not getting particularly worse, and there's a lot of evidence it's getting a little better in terms of jobs and income. that totally removes the steam from the argument of, you've messed everything up.
>> sure. in addition to the actual data, there's some polling that indicates that people at least feel like the economy is improving, and the right track/wrong track question. a lot of folks more than six months ago saying we think the country is moving in a good directions. how does that happen? if the numbers aren't dramatically different how can people feel like things are okay.
>> you have two phenomenon that are better, house prices and stock market prices. stock market matters if you have a retirement account. a lot of americans don't, if you do it's done better. housing prices have a whole lattice of connection to job mobility and everything else. the final point about this and where economic patriotism is a good phrase is it makes you feel you're voting for the good of the country. the problem of i'm going to vote because this president's policies have failed and the economy is tanking is you're voting on fear pessimism. that is not a strong argument going forward. housing market picking up and job market stabilizing and income stabilizing and the stock market doing well. this is not off to the races, but nor is it oh, my god --
>> the bottom is falling out?
>> exactly.
>> have a great weekend.
>> thank you.
Source: http://video.msnbc.msn.com/newsnation/49215726/
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Friday, September 28, 2012
Clarks Women's Ruby Diamond Boot
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Portland Marathon Kids' Fun Run Helps Fight Childhood Obesity
PORTLAND, Ore. ? (September 24, 2012) ? Today?s youth are by far the most listless and sedentary generation ever recorded. Every analysis in Oregon documents that physical activity levels are lower in children than ever before with immediate impacts on academic performance and dire long-term consequences of heart disease, diabetes and chronic diseases.
The Portland Marathon is fighting back against childhood obesity and promoting health by offering an upbeat physical-fitness activity for local youth ? the Portland Marathon Kids? Fun Run & Sports Festival.
The event is on Saturday, October 6, 2012 at the Lincoln High School Field from 9:00am to Noon and open to participants 2-12 years old. Proceeds from the event go to support the Portland Police Mounted Patrol, who will be at the event.
During the event, kids will run varying distances based on age along the track that will include obstacles, such as the tire climb provided by Les Schwab. Parents are welcome to run along with their children. Kids will receive a special bib and finisher?s medal.
Alpenrose Dairy chocolate milk and Zico Coconut water will be available at the event. There will also be inflatable activities like bounce castles, a climbing wall, music by KINK FM, sports games and more.
Families can register at http://portlandmarathon.org/
The Portland Marathon is a non-profit running and walking event that produces Portland?s largest three-day ?convention?. The event has a positive $25M economic impact to the Portland area. Proceeds from the Portland Marathon go to help local schools, charities and non-profits. October 7, 2012 will mark the 41st Portland Marathon. The event features 85 entertainment groups at 53 locations along the course. The events of the Portland Marathon have over 12,000 registered participants and is produced with the help of over 4,500 volunteers. The Event has been called the ?best-organized marathon in North America? and has received national attention for being one of the first eco-friendly, ?green? marathons.
(c) 2012?RunningUSA, all rights reserved, used with permission
Source: http://runinfinity.com/2012/09/portland-marathon-kids-fun-run-helps-fight-childhood-obesity.html
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Netanyahu's 'red line': Does drawing a line actualy work?
Speaking at the United Nations General Assembly, Israeli Prime Minister Benjamin Netanyahu literally drew a 'red line' on a simple diagram of Iran's nuclear program. How have red lines worked out in the past?
Israeli Prime Minister Benjamin Netanyahu draws a red line on a graphic of a bomb as he addresses the 67th United Nations General Assembly at the U.N. headquarters in New York.
REUTERS/Lucas Jackson
EnlargeIn a dramatic gesture, Israeli Prime Minister Benjamin Netanyahu drew a "red line" on a diagram of Iran's nuclear program and called on the world to do the same to prevent Tehran from developing nuclear weapons ? a step the Iranians insist they don't intend to take.
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Red lines, Netanyahu declared, "don't lead to war." Instead, he argued Thursday before the U.N. General Assembly that "red lines prevent war" by making clear the limits of international tolerance.
Eytan Gilboa, an expert on U.S.-Israel relations at Bar Ilan University, said red lines are considered less severe a warning than an ultimatum, which includes a threat of consequences.
History shows that the effectiveness of such warnings often depends on a country's resolve to follow through and accept the consequences.
Line in the sand
On August 2, 1990, Iraqi leader Saddam Hussein sent soldiers and tanks into neighboring Kuwait and annexed the tiny, oil-rich nation as Iraq's 19th province. Six days later, President George H. W. Bush told Americans that "a line in the sand has been drawn" and ordered U.S. troops to Kuwait's neighbor Saudi Arabia.
Armed with a U.N. Security Council resolution and congressional authorization to use force, U.S. and allied jets launched air attacks on Baghdad and other Iraqi targets. The ground assault began Feb. 24 and within days the Iraqis had been driven out of Kuwait. Iraq accepted a cease-fire on March 3 and Kuwaiti sovereignty was restored.
Cuban missile crisis
One of history's most dangerous red-line moments came in October 1962 when U.S. President John F. Kennedy revealed to the world that the Soviet Union had been installing missile sites in Cuba, and demanded that Premier Nikita Khrushchev remove them. For 13 tense days, the world seemed headed for nuclear war. Kennedy declared a quarantine on all offensive military equipment headed for Cuba ? effectively a "red line" around the Caribbean island nation ? and threatened to turn back any ships carrying armaments. For their part, the Soviets tested a 300-kiloton hydrogen bomb as a reminder of Moscow's military might.
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Thursday, September 27, 2012
Bigger Utah firms soon will qualify for SBA support | The Salt Lake ...
Hundreds of Utah businesses that previously were unable to receive support from the U.S. Small Business Administration because their revenue was too large may soon qualify for assistance.
The SBA said Wednesday it has issued several new rules that become effective late next month that redefine the maximum size a firm can be and still be considered a small business.
Depending upon the industry in which they operate, the SBA will classify companies as a small business based upon either the number of their employees or annual revenue. The new standards apply only to companies that can be classified as a small business based on annual revenue.
The SBA estimates the new standards will cover more than 13,000 firms nationwide in the real estate and rental and leasing sector, 1,500 additional businesses in the educational services sector and 4,100 in the health care and social assistance sectors.
For example, a company that rents consumer electronics and appliances previously would have been considered a small business if its annual revenue was below $7 million. Under the new standard, it would be considered a small business if it generates revenue of less than $35.5 million a year.
Once the new rules go into effect, those businesses become eligible for SBA loan and federal procurement programs.
For information go to http://www.sba.gov/size and click on "What?s New with Size Standards."
Copyright 2012 The Salt Lake Tribune. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Source: http://www.sltrib.com/sltrib/money/54970850-79/sba-business-revenue-considered.html.csp
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Wednesday, September 26, 2012
Video: Libyan president: Movie had ?nothing to do with? consulate attack
>>> we're learning more about the attack on the american consulate in benghazi, libya , which killed a u.s. ambassador and three other americans. the obama administration says it was a planned terrorist attack , and the fbi is investigating a possible al qaeda link, and an issue that secretary of state hillary clinton discussed total. meanwhile, ann curry set down with the president of libya to discuss the situation.
>> reporter: would you call the attack on the u.s. consulate in benghazi an act of terrorism?
>> i have no doubt about that. and it is a pre-planned act of terrorism directed against american citizens.
>> reporter: you're confirming that rpgs were used in the original attack?
>> mortars --
>> reporter: they were used in the attack?
>> yes.
>> reporter: and do you know how many mortars were used?
>> about 500.
>> reporter: and you were saying they're fired with such accuracy that this could not have been done by somebody who didn't have experience?
>> experience and knew what he was doing.
>> reporter: and this is what is helping to convince you that this was a pre-planned attack, not a reaction to a controversial movie?
>> yes, i have no doubt about this.
>> reporter: do you think the movie had anything to do with this attack on the consulate?
>> not on this attack, not on this attack, has nothing to do with this attack.
>> ann curry , with libya 's president.
Source: http://video.msnbc.msn.com/nightly-news/49186909/
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Realscreen's Doc Hot Shots 2012 ? Realscreen
15 hours ago by
Realscreen Staff
To celebrate realscreen?s 15th anniversary, we?ve selected 15 emerging directors (or directing teams) that we think represent the future of feature-length non-fiction.
In making the selections, we assembled an all-star team of top-level festival programmers and TV commissioners, and asked them to pick their stars of tomorrow.
Who is the next Pennebaker, we demanded, or the new Herzog? Which directing duo could go on to match the feats of the Maysles, and which provocateur could reach the heights of Morris or Moore?
The discussions were passionate, and for most of the judging panel (listed at the bottom of the page), whittling their shortlist down to just one director or duo was agonizing. So a big thank-you to all our judges, and massive congratulations to all of the 2012 Doc Hot Shots who made the list, which follows below in alphabetical order?
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MALIK BENDJELLOUL (Sweden)
Notable work: Searching for Sugar Man
David Courier, Sundance Film Festival senior programmer: ?Searching for Sugar Man trumpets the arrival of a major new voice in non-fiction film. Bendjelloul?s film is so much stranger than fiction it?s hard to believe that it actually happened. As plot twists abound, Sugar Man dazzles at every turn. This is that rare documentary for wide audiences ? a film for anyone who believes in second chances, for anyone who believes in the power of music to overcome the obstacles of time and space.?
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MARGARET BROWN (U.S.)
Notable work: Be Here to Love Me, The Order of Myths
Janet Pierson, SXSW Film producer: ?Taking a longer view of who our future doc masters will be, rather than working from this year?s festival debuts, I?d like to nominate Margaret Brown, who combines a unique and cinematic filmmaking voice with deeply moving stories. Her approach is intimate, her sensibility poetic with gravitas. The films have a timeless feel that get under our skin.?
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ASIF KAPADIA (UK)
Notable work: Senna, The Odyssey
Adam Benzine, realscreen associate editor: ?Kapadia?s doc debut burst onto the world stage last year, staggering audiences globally by bringing a high drama approach to archival storytelling. Asif already had form as a narrative director prior to Senna?s success (which included BAFTA and Sundance wins), and hopefully his recent Olympics doc The Odyssey indicates a willingness to further explore the non-fiction format. If so, great things undoubtedly await.?
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ANDRIS GAUJA (Latvia)
Notable work: Family Instinct, Victor
Doug Jones, Los Angeles Film Festival associate director of programming: ?Many filmmakers are exploring the boundaries of documentary filmmaking, but few are approaching it with the fearlessness of Gauja. In his debut film Family Instinct, a disarmingly raw portrait of a dysfunctional family and their community of misfits and malcontents, Gauja employs a variety of methods ? pure documentary, recreations, staged events in which only some of the participants are aware of any staging ? to create a tightwire act of fact, fiction and the revelatory space in between.?
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HAVANA MARKING (UK)
Notable work: Afghan Star, Smash & Grab ? The Story of the Pink Panthers
Nick Fraser, BBC ?Storyville? series editor: ?She?s very, very talented. She made Afghan Star, and she?s developing two new ideas for us. Smash & Grab was a big, well-made film with a lot of animation in it, which was really deft, really good.?
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SARAH MCCARTHY (Australia)
Notable work: Sound of Mumbai: A Musical
Thom Powers, TIFF doc programmer and DOC NYC artistic director: ?With Sound of Mumbai, Sarah McCarthy didn?t make anything easy on herself, filming with Indian slum children putting on a production of The Sound of Music. Up until the night of the one-time-only performance, she wasn?t sure whether she?d have permission to film it. But the results are triumphant, one of the most emotionally charged films I?ve ever shown. In fact, just thinking about it now makes me choke up.?
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ELIZABETH MIMS AND JASON TIPPET (U.S.)
Notable work: Only the Young
Simon Kilmurry, ?POV? executive director: ?Elizabeth and Jason have achieved something remarkable in Only the Young, transporting us into the lives of their teen characters, where it feels like we are quite literally there, hanging out with them, at that point in time when our lives stretched endlessly and uncertainly into the future. As filmmakers they have a freshness of vision that is exhilarating to witness, and a talent for storytelling that is both incisive and humble. Watching this film has been one of the great artistic highlights of 2012.?
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CAMILLA NIELSSON (Denmark)
Notable work: The Children of Darfur, Mumbai Disconnected
Mette Hoffmann Meyer, DRTV head of documentaries: ?Camilla is very bright, and has a fantastic understanding of the complexity of politics and people. She?s also very brave, and in a very short period of time has taught herself to use cameras and get closer to the story. Her work is beautifully shot, and the material she?s coming home with from Zimbabwe [for a future doc] comes from a place that?s really very difficult to shoot.?
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LISANNE PAJOT AND JAMES SWIRSKY (Canada)
Notable work: Indie Game: The Movie
Hussain Currimbhoy, Sheffield Doc/Fest film programmer: ?Lisanne and James immediately sucked me into a world I knew nothing about with brilliant editing and an excellent eye for cinematography and pacing that outdoes far more seasoned filmmakers. They then took me on a rollercoaster ride I was not at all expecting, and I loved every minute of it. In a world where control over your content is fractious, these filmmakers did it on their own terms using all modern tools at their disposal to make the film a reality.?
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V?R?NA PARAVEL (France)
Notable work: Foreign Parts, Leviathan
Benjamin Fowlie, Camden International Film Festival founder and director: ?Part anthropologist, part filmmaker, V?r?na has created films that transcend our notions of what documentary is, and what it is supposed to be. Beginning with Foreign Parts, she has emphasized the immersive, experiential qualities of the moving image, eschewing both narration and conventional narrative. Her latest collaborative project with Lucien Castaing-Taylor, Leviathan, pushes the limits of documentary even further.?
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TRISTAN PATTERSON (U.S.)
Notable work: Dragonslayer
Basil Tsiokos, Sundance Film Festival programming associate, documentary features: ?In Dragonslayer, director Tristan Patterson and producer John Baker were able to almost instinctively adapt the form of documentary portraiture to perfectly suit their untraditional subject and capture a specific, pivotal moment in his life. If they can bring the same kind of unmediated authenticity and immediacy to their next project, they?ll certainly remain high on everyone?s watch list.?
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DAWN PORTER (U.S.)
Notable work: Gideon?s Army, Spies of Mississippi
Lois Vossen, senior producer for PBS?s ?Independent Lens?: ?Dawn?s varied professional background as an attorney and TV executive provides a unique skill set that serves an independent filmmaker? Her experiences as an attorney give her practical insight into the ever-more-complicated legal side of the business, while her connection to storytelling makes her a great creative partner. She has a strong understanding of what drives a great story forward.?
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ASHLEY SABIN AND DAVID REDMON (U.S.)
Notable work: Girl Model, Downeast
Sean Farnel, acquisitions consultant at SnagFilms: ?Their work has a raw, but thoughtful quality, a willingness to experiment and play in the form, yet also a firm grasp of classical observational filmmaking. Smart, tough, but not preachy politically, these DIY-ers have also been astute and creative in managing the business life of their films. It?s clear that major works should be expected from them, individually and together, for years to come.?
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BILL ROSS AND TURNER ROSS (U.S.)
Notable work: 45365, Tchoupitoulas
Charlotte Cook, Hot Docs director of programming: ?They are filmmakers who are developing a new, modern form of v?rit? that is a progression in the craft, and art form, of documentary. What makes their work so important is that it is not bound by present relevance, but that it will continue to gain nuance for decades due to the way in which they portray atmosphere and feeling, not only of place and culture, but of the people within.?
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SEUNG-JUN YI (South Korea)
Notable work: Planet of Snail
Heather Croall, Sheffield Doc/Fest director: ?The most stunning documentary this year has to be Seung-Jun Yi?s Planet of Snail ? one of the most mesmerizing, life-affirming cinema experiences you will ever encounter. Seung-Jun Yi?s directorial touch is so masterful; he gently invites us into his deeply respectful portrayal of this amazing couple with a love story that is refreshing and fun but never sentimental, never maudlin. The light bulb scene in Planet of Snail has been burned into my mind forever.?
HONORABLE MENTIONS:
Beyond the final list of 15, the judges were falling over themselves to suggest other doc-makers worthy of inclusion. These included Maite Alberdi (The Lifeguard), Nina Pope and Karen Guthrie (Jaywick Escapes), Alison Klayman (Ai Weiwei: Never Sorry), Malika Zouhali-
The 2012 Doc Hot Shots advisory panel:
Charlotte Cook, Hot Docs
David Courier, Sundance Film Festival
Heather Croall, Sheffield Doc/Fest
Hussain Currimbhoy, Sheffield Doc/Fest
Sean Farnel, SnagFilms
Ben Fowlie, Camden Int?l Film Festival
Nick Fraser, BBC ?Storyville?
Mette Hoffmann Meyer, DRTV
Doug Jones, Los Angeles Film Festival
Simon Kilmurry, PBS?s ?POV?
Adriek van Nieuwenhuijzen, IDFA
Charlie Phillips, Sheffield Doc/Fest
Janet Pierson, SXSW Film
Thom Powers, Toronto International Film Festival
Basil Tsiokos, Sundance Film Festival
Lois Vossen, PBS?s ?Independent Lens?
Adam Benzine, realscreen
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Think the judges missed a name? Add your suggestions for hot doc director talent in the comments section below!
Tags: Adriek van Nieuwenhuyzen, Andris Gauja, Ashley Sabin, Asif Kapadia, Basil Tsiokos, Ben Fowlie, Bill Ross, Camilla Nielsson, Charlie Phillips, Charlotte Cook, David Courier, David Redmon, Dawn Porter, Doc Hot Shots, Doug Jones, Elizabeth Mims, Havana Marking, Heather Croall, Hussain Currimbhoy, James Swirsky, Janet Pierson, Jason Tippet, Lisanne Pajot, Lois Vossen, Malik Bendjelloul, Margaret Brown, Mette Hoffmann Meyer, Nick Fraser, Realscreen's Doc Hot Shots, Realscreen's Doc Hot Shots 2012, Sarah McCarthy, Sean Farnel, Seung-jun Yi, Simon Kilmurry, Thom Powers, Tristan Patterson, Turner Ross, V?r?na Paravel
For more information in the Contact directory:
Realscreen Magazine
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Commercial Antivirus Software Is Not Really Protecting our Computers
If you?re a diligent computer user, you make sure to keep your antivirus software up-to-date. It?s the only way to safeguard your computer from viruses and malware, right? According to a recent story by MIT?s Technology Review, no.
Antivirus Software: Unreliable?
The antivirus software that we have paid for and long relied on to protect our information might not be effective. The technology is running a race with malware programs and malware is winning. More sophisticated and challenging to detect malware comes out every day and this is very concerning to those of us who access the Internet on a day-to-day bases.
Burned by Flame
The Technology Review story focuses on Flame, probably the most complicated instances of malware ever discovered. According to the story, Flame has been copying documents and making recordings of audio, keystrokes, network traffic and Skype calls and taking screenshots of all this activity from the computers it has corrupted. What?s the worst part? Flame has been doing this for at least two years, based on the Technology Review story. And during this time, not a single bit of security software discovered this notably clever bit of malware.
An Industry Under Siege
Wouldn?t it be nice if Flame was the only malware that could get by antivirus software? Unfortunately, this is not the case. There are quite a few that are more than difficult to detect and as soon as antivirus software gets upgraded, malware is developed that challenges it even more. This does not mean you ought not take all measures available to protect your computer, like keeping your antivirus software up to date. You ought to just be aware that there are viruses out there that may break through. Hopefully the antivirus industry will eventually catch up with the growth of viruses and malware.
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Tuesday, September 25, 2012
Is The Customer Service Better At IC Markets Or Alpari? | Free ...
With greater than ?15 years fx trading experience under my belt and having performed ?forex trading seminars and webinars in Europe and Asia for the past ?5 years, I thought that I would ?share some of my forex broker knowledge with the rest of the forex world. I decided ?to place my two ?preferred ?forex brokers up alongside each other head to head in this evaluation .?
Most ?evaluations ?only ?compare ?forex provider spreads to each other but do not ?really ?compare much else, spreads alone do not always make for the perfect ?broker , this is why ?I decided to write this appraisal ?comparing ?a number of ?additional ?aspects of IC Markets and Alpari. The key areas that I decided ?to focus on were slippage, execution speed and customer service.?Each of these factors were reviewed ?after testing a live ?account for a two week period , over this time in excess of ?sixty ?deals were executed on both broker platforms. I should also mention that both trading accounts were ECN accounts. Alpari call their trading account their ECN account the Alpari Pro account and IC Markets call their ECN trading account their True ECN.
My primary ?evaluation was performed by looking at the average slippage on all trades ?executed on both forex provider platforms. Slippage obviously also is dependent on the liquidity behind the scenes and the nature of the market, for instance slippage is more prominent around news times as this is where liquidity can be tight . Slippage is unavoidable inside a True ECN environment.?
As my testing was executed on the EUR/USD currency pair only with both forex brokers , slippage was simple to calculate . I evaluated slippage over 3 time periods during the day at London open, New York open and around end of day 21:00 GMT. Following much testing I noted that the slippage on the Alpari Pro forex account was intolerable and significantly ?more than the slippage on the IC Markets True ECN account . IC Markets is a much better ?forex broker if you look at slippage alone.?
Trade ?speed was the next part of my test, in this test I used and Expert advisor ?to help me to analyse latency. The EA ?provided me with a report regarding ?the typical ?deal latency each day for both brokers over the period examined . Latency obviously is also extremely dependent on your internet speed and distance from your computer to the broker ?trade server. It was very interesting ?to see that the deal latency using the Alpari Pro trading platform was rather ?inconsistent and varied depending on the time of the day, on the other hand IC Markets latency was very consistent . The typical ?trade speed on the?Alpari Pro?account was 402 ms over the fx trading day whereas ?the average ?trade speed on IC Markets True ECN trading account was 123 ms. Again IC Markets stands out as the better broker ?relating to execution speed.?
Customer service was complex ?to judge ?because of its subjective nature, so I decided to evaluate both companies based on their email and telephone response time. Both forex brokers provided me with outstanding support well above what I expected from both companies . In all honesty I actually ?couldn?t ?{pick} the difference between both ?forex brokers .?
In summary I would have to say that the Alpari Pro ECN account would be better suited to long term ?forex traders , if you are a scalper or day trader IC Markets True ECN wins hands down. In my testing?IC Markets?had substantially less slippage than Alpari and much faster execution speeds this is why ?they would be better matched to scalpers and day traders. Obviously my findings were based on my own testing, make sure you ?evaluate both of these ?forex brokers for yourself ahead of making a choice.?
Source: http://freefinancearticles.info/is-the-customer-service-better-at-ic-markets-or-alpari
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Tips On How To Make Search Engine Optimization Work For You ...
Search engine optimization helps you get ahead of the competition. Doing so means knowing the techniques to bring up your rank. The following article will help you harness this power while telling you what to avoid when utilizing search engine optimization.
When selecting a domain name, choose one that is easily remembered and has a name that has something to do with what you are selling. These are great for your viewers that locate your content through YouTube.
Search engines can be a powerful tool when it comes to driving internet traffic to your site. Your website will be at the top of the search engine rankings, if you do your best to make it friendly to the spiders that the search engines use to determine site quality. Tag all images on your website, since spiders only read text. For all of your descriptions, make sure that you are embedding keywords whenever possible.
While proofreading is often overlooked, it?s vital to the quality and respectability of all websites. Make sure that all of the information on your site is clearly laid out for your visitors and for search engines. If your content is poorly written and is full of spelling and grammatical errors, your website will not rank well by search engines, if at all.
If you want to rank high in a search engine, do your part to help out web spiders. They are always looking through content based on keywords, but spiders also need to understand your site?s overall structure. You have to stress the important areas of your site by making a site map which lets a web spider get a hold of the hierarchy of your pages.
It is worth your time to see if you could add podcasts to your marketing mix. A podcast can include audio or video content that includes relevant, interesting material directed at your consumers. They are becoming more and more popular with consumers so make sure that you hop on the band wagon. Doing this will allow the description of your podcast to appear.
When you make your site better for the search engines, you make your site better for potential customers. Unfortunately, some online businesses still underestimate the importance of their search engine rankings.
Site maps help search engines catalog your pages more effectively. The site map, or navigation bar, lets the search engines access your pages from all other pages on the site. Adding a site map is an easy way to improve your rank with popular search engines.
SEO takes time, so be patient. It is normal for you to expect to see results right away for your work. It takes hard work and time to get a following online. You need to stay with it, even if you are not seeing any changes yet. As time goes on, you will see the results of your efforts, and your website will rise in the search engine rankings.
If you are contemplating hiring an outside company to do your site?s search engine optimization, research carefully before signing on. Many search engine optimizers that lack credibility will charge high prices for poor work. Research and read testimonials about what other people have to say about their services. You will be much happier with the results.
You can experience an increased number of search engine hits by inputting plural forms of keywords. Keyword stemming is a strategy that some search engines use. If you choose a keyword that has other possible endings, such as ?accountant,? the search engines might not include your site in results for the terms ?accounting? or ?accountants?. When you make the most of keyword stemming, you will choose the longest choice of the keyword offered. In this way, you will get the most return.
Search engine crawlers are always scouring the web for fresh material and updated content. Whenever you update your blog or content, you are making your site more visible to search engines. Additionally, if you put the effort into posting interesting, useful content, people will share them with others and help you get even more traffic. Interesting content will also draw return traffic, especially from people who have recommended the content to their friends.
You should think the way a customer thinks when you are trying to figure out what keywords will be the most effective. Determine the relevant terms visitors are using when they use search engines.
Putting your website in a prime place to be found is what search engine optimization is all about. The article you have just read gave you multiple tips on how to make this happen for you. Applying these simple tricks will get your website noticed in no time, so increase your traffic
Search Engine Optimization, SEO
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What is SEO ? how it works ? - Yahoo! Answers India
Related posts:
- Search Engine Optimization ? Does It Really Work?
- Search Engine Optimization: How To Make Your Website More Visible
- Making Search Engine Optimization Work For You
- Search Engine Optimization Techniques That Really Work
- Search Engine Optimization: The Easiest Way To Bring Traffic To Your Website
Source: http://www.websitehostdirect.com/tips-on-how-to-make-search-engine-optimization-work-for-you/
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Iranian president rips Israel, US ahead of final UN speech
Eduardo Munoz / Reuters
Iran's President Mahmoud Ahmadinejad addresses diplomats during a session of the General Assembly on the Rule of Law at the United Nations headquarters in New York on Monday.
By Robert Windrem, NBC News
In a meeting with reporters that was billed as an exchange of views rather than a press conference, Iranian President Mahmoud Ahmadinejad continued his drumbeat of attacks on Israel?s legitimacy on Monday and warned that an Israeli attack on Iran could have ramifications for U.S. bases in the region.
He also pointedly noted that author Salman Rushdie could still face danger as a result of a recently renewed fatwa against him and called the U.S. decision last week to remove the People?s Mujahedin of Iran from the State Department?s list of terrorist organizations a ?gift? to the Iranian government.
Ahmadinejad was in New York for his eighth -- and final ?U.N. General Assembly meeting as Iran?s president. Ahmadinejad, who will exit the presidency in June after two terms, will address the General Assembly on Wednesday.
As he has in the past, Ahmadinejad dismissed Israel both as a threat to Iran and as a legitimate government. Referring to recent military threats by Israeli government officials, including Prime Minister Benjamin Netanyahu, over Iran?s nuclear program, Ahmadinejad said that they are not of ?utmost importance? to him or Iran.
?Whether he's bluffing doesn't come into the equation for us,? Ahmadinejad said of Netanyahu. ?Put a map in front of you, an atlas. Iran has been Iran for the last seven to ten thousand years. They've been occupying that territory for 60 years. They have no roots there in history. They do not enter the equation for Iran.?
But while Reuters quoted Ahmadinejad as calling for Israel to be ?eliminated,? the official translation of his remarks indicated that he steered clear of? the fiery rhetoric he is best known for. ??
Reminded ?that he was quoted as saying? several years ago that Israel should be wiped off the map, the Iranian president responded that he only wants Iran's neighbor to change its behavior. ?We say occupation must be done away with," he said. "We say war seeking and war mongering must be eliminated. We say threats must be eliminated.? Threatening manners and ways must be eliminated. Destroying people?s homes on the head of their wives and children must be done away with and eliminated.?
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Related story:
Report: Iran commander warns of 'World War III'
Ahmadinejad added that more important is ?the political atmosphere that allows them to threaten -- and not be condemned for it. Where is the organization that rules the world today that allows them to act so rudely??
Iran subtlety criticized U.N. Secretary-General Ban Ki-Moon earlier this month for condemning Iranian officials? comments on Israel while saying nothing about Israeli officials threats against Iran. Iran?s ambassador called Ban?s criticism an ?irony.?
Asked whether Iran would go after U.S. targets should Israel attack Iran, Ahmadinejad said that if an attack does come, ?All equations would see a deep change.?
Iranian President Mahmoud Ahmadinejad discusses freedom of expression, insults against Islam and the fatwa against author Salman Rushdie in a meeting with reporters on Monday, two days before his final address to the U.N. General Assembly as president.
Ahmadinejad also was asked by "New Yorker" editor David Remnick if the fatwa against Rushdie still stood.? The fatwa, first issued by the late Ayatollah Sayyed Ruhollah Musavi Khomenei following Rushdie?s publication of ?The Satanic Verses,? was withdrawn in 1998, but recently, an Iranian religious foundation renewed it an offered $3.3 million to any Muslim who kills Rushdie.
?Where is he now?? a smiling Ahmadinejad repeatedly asked Remnick, who has published Rushdie in the pages of his magazine. ?If he is in the United States, you should not broadcast that, for his own safety.?
The Iranian president also fielded a question about the U.S. State Department?s decision Friday to remove the People?s Mujahedin of Iran, an Iranian dissident group commonly known as the MEK, from the U.S. list of terrorist groups, permitting them to operate freely in the United States.
Claiming the MEK has killed 16,000 Iranian civilians and ?is a terrorist group,? Ahmadinejad said that the U.S. hurt itself with the Iranian people by recognizing a group he said had ?no value.?
Related story:
Israel teams with terror group to kill Iran's nuclear scientists, U.S. officials tell NBC News
?We believe that this action contains response in itself,? he said when asked by NBC News if Iran planned a response to the U.S. move. ?If we wanted to show the double standards in behavior, we couldn't have done it any better ourselves. They gave us a gift. We got result for free. We regret their (State Department) action but should be grateful. They work to our advantage.?
Seldom shy about sharing his opinion, Ahmadinejad nevertheless declined to comment on GOP presidential candidate Mitt Romney?s criticism of President Barack Obama for failing to meet with Netanyahu. ?We believe U.S.? elections are a domestic issue and we will not in any way ? take a position,? he said. ?We believe Americans are not war-seeking people and they do wish to have friendly relations with other people.?
More world stories from NBC News:
Follow World News from NBCNews.com on Twitter and Facebook
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Monday, September 24, 2012
Elizabeth Warren's law license problem - Legal Insurrection
The debate?last Thursday night?between Scott Brown and Elizabeth Warren covered ground mostly known to voters.
But there was one subject most people?watching probably did not know about, Elizabeth Warren?s private?legal representation of The Travelers Insurance Company in an asbestos-related case.
Brown brought the point up late in the debate, and hammered it:
Warren attempted to deny her role,?and referred to a Boston Globe article, but the?Globe article supports Brown?s account.? The Globe article indicated the representation was for a period of three years and Warren was paid $212,000.? The case resulted in a Supreme Court victory for Travelers arising out of a bankruptcy case in New York.
Whatever the political implications of?the exchange,?Warren?s representation of Travelers raises?another big potential problem for Warren.
Warren represented not just Travelers, but numerous other companies starting in the late 1990s working out of and using her Harvard Law School office in Cambridge, which she listed as her office of record on briefs filed with various courts.? Warren, however, never has been licensed to practice law in Massachusetts.
As detailed below, there are at least?two provisions of Massachusetts law Warren may have violated.? First, on a regular and continuing basis she?used?her Cambridge office?for the practice of law?without being licensed in Massachusetts.? Second, in addition to operating an office for the practice of law without being licensed in Massachusetts, Warren actually practiced law in Massachusetts without being licensed.
Warren refused to disclose the full extent of her private law practice when asked by The Boston Globe.? If Warren denies that she has practiced law in Massachusetts without a license, Warren should disclose the full extent of her private law practice.? The public has a right to?assess whether Warren has failed to comply with the most basic requirement imposed on others, the need to become a member of the Bar of the Commonwealth of Massachusetts in order to practice law in and from Massachusetts.
1. Warren Is Not Licensed To Practice Law In Massachusetts
Warren is not licensed to practice law in Massachusetts.? Warren?s name does not turn up on a search of the Board of Bar Overseers attorney search website (searches just by last name or using Elizabeth Herring also do not turn up any relevant entries).
I confirmed with the Massachusetts Board of Bar Overseers by telephone that Warren never has been admitted to practice in Massachusetts.? I had two conversations with the person responsible for verifying attorney status.? In the first conversation the person indicated she did not see any entry for Warren in the computer database, but she wanted to double check.? I spoke with her again several hours later, and she indicated she had checked their files and also had spoken with another person in the office, and there was no record of Warren ever having been admitted to practice in Massachusetts.
Warren?s own listing of her Bar admissions is consistent with not being licensed in?Massachusetts.? In?a June 25, 2008 CV? Warren listed only Texas and New Jersey.
Warren?s Texas Bar information indicates she is not eligible to be licensed in Texas, but does not indicate when she went on that inactive status.? Consistent with our finding that Warren was not admitted in Massachusetts, Warren listed only one other place of admission on her Texas record, New Jersey:
Warren became licensed in New Jersey in 1977.? She famously and speculatively claimed to be the ?first nursing mother to take a Bar exam? in New Jersey.
Warren, however,?is not currently licensed in New Jersey:
While the date of termination of her New Jersey license is not on the website, telephone inquiries to the New Jersey Board of Bar Examiners and the New Jersey Lawyers Fund For Client Protection indicated that Warren resigned her license on September 11, 2012 (one of the people remarked to me ?that?s a memorable day?).? It?s odd that in the middle of a campaign Warren would take the time to resign her New Jersey Bar membership, particularly since she would have to retake the Bar exam to be readmitted.
Neither office in New Jersey could state whether her license was continuously?active until her resignation because the computer only shows the current status, so I have made the request in writing as instructed.? By resigning her New Jersey license earlier this month, Warren made it more difficult for the public to determine her pre-resignation status.
By all available information, Warren never has been licensed in Massachusetts, but at varying times has had active law licenses in Texas and New Jersey, although currently she is not licensed in either jurisdiction.? It is unclear whether during the years she represented Travelers and others Warren was actively licensed anywhere.
I emailed the Warren campaign?s spokesperson, Alethea Harney, after the debate Thursday night requesting a list of all jurisdictions in which Warren was licensed to practice law.? I requested that the information be provided by Friday morning specifically so I could include the campaign?s response, but I received no response.
2. Warren Used Her Cambridge Office as Her Law Office
Regardless of where she was admitted, Warren consistently since the late 1990s has held herself out as having her professional address for legal representation at her Harvard Law School office in Cambridge, Massachusetts.
Warren was listed as ?Of Counsel? on Travelers? Supreme Court Brief, listing her Harvard Law School office as her office address:
Warren also used her Cambridge office address in other Supreme Court Briefs, such as Rousey v. Jacoway in 2004 where she represented AARP:
In 2003, Warren used her Cambridge address for another AARP Supreme Court Brief in Till v. SCS Credit Corp. (no public image available, but available in text form?through Westlaw at 2003 WL 22070307) in which she appeared along with other counsel:
In the Till Brief,? a Harvard Law School student was thanked for helping with the Brief, a clear reflection that the work on the Brief was performed at least in part in Cambridge.
Similarly, in 2002 in ?FCC v. Nextwave Communications, Warren filed a Brief?for the Official Creditors Committee and filed a Brief?(available Westlaw at ?2002 WL 1379031 ) along with her Harvard Law School colleagues Laurence Tribe and Charles Fried (each of whom is licensed in Massachusetts) using her Cambridge address:
In 1998 Warren was on the Supreme Court Brief for the National Association of Credit Management (available Westlaw 1998 WL 536369), again using her Cambridge address:
Warren also has had other legal representations using Cambridge as the location of her law office, such as National Gypsum Co v. National Gypsum Trust, 219 F.3d 478?(5th Cir. 2000):
Additional court cases in which Warren used her Cambridge address include Matter of Cajun Elec. Power Co-op., Inc., 150 F.3d 503 (5th Cir. 199i8)(?Elizabeth Ann Warren, Harvard Law School, Cambridge, MA, for Southwestern Elec. Power Co.?) and Matter of P.A. Bergner & Co., 140 F.3d 1111 (7th Cir. 1998)(?Elizabeth Warren (argued), Harvard Law School, Cambridge, MA?).
The clear record shows that since the late 1990s Warren has held herself out as representing litigants using her Harvard Law School address, and there is every reason to believe the work was performed in Massachusetts, in some cases utilizing student help.
The listings above?are not exhaustive, and there may be cases not reported in electronic databases, in which Warren has acted as counsel using her Cambridge address.? For example, if Warren rendered legal advice but did not appear on the Brief or enter a court appearance, there would be no record.? State court case briefs and appearances also are not captured by databases to the extent of federal cases.
What also is unknown is whether any of Warren?s representations involved Massachusetts clients or law, as Warren?s campaign has refused to disclose the full nature of her law practice when asked by The Boston Globe.
Warren?s office at Harvard Law School appears to?have been her?only office.? I can find no record of Warren using any other address for such filings and representations other than her Cambridge address.? That office not only?was used?in?various cases listed above,?it also is the office listed for her now?inactive Texas law license:
3. Warren Was Practicing Law From Her Cambridge Office
There is no requirement that a law teacher be licensed to practice law in Massachusetts in order to teach or publish on topics related to law.? In fact, a law teacher need not even be a lawyer.? Once that law teacher starts acting a lawyer, however, the normal licensing rules apply.
The question becomes whether Warren was ?practicing law? at her Cambridge address, or doing something that does not constitute the practice of law.
A person?practicing law?in Massachusetts needs to be licensed to?do so.? Superadio Ltd. Partnership v. Winstar Radio Productions, LLC, 446 Mass. 330, 334, 844 N.E.2d 246, 250 (Mass. 2006)(?As a general proposition, an attorney practicing law in Massachusetts must be licensed, or authorized, to practice law here?).
While there is no single definition of what it means to ?practice law,? the Massachusetts Supreme Judicial Court has held:
As general observations, we have noted that the practice of law involves applying legal judgment to address a client?s individualized needs ? and that custom and practice may play a role in determining whether a particular activity is considered the practice of law ?? More specifically, we have stated:
?[D]irecting and managing the enforcement of legal claims and the establishment of the legal rights of others, where it is necessary to form and to act upon opinions as to what those rights are and as to the legal methods which must be adopted to enforce them, the practice of giving or furnishing legal advice as to such rights and methods and the practice, as an occupation, of drafting documents by which such rights are created, modified, surrendered or secured are all aspects of the practice of law.?
Real Estate Bar Ass?n for Massachusetts, Inc. v. National Real Estate Information Services, 459 Mass. 512, 517-518, 946 N.E.2d 665, 674 (Mass. 2011)(citations omitted)(drafting real estate deeds for others constituted practice of law); see also Lindsey v. Ogden, 10 Mass.App.Ct. 142, 149-150, 406 N.E.2d 701, 709 (Mass.App., 1980)(person overseeing execution of will was not engaging in the practice of law where he ?never held himself out as a Massachusetts lawyer, never drew any documents in Massachusetts, and never did anything else that could be considered as the practice of law in this State.? A Massachusetts domiciliary is free to consult a licensed New York attorney on the merits of her estate plan?);
Warren?s activities on behalf of Travelers and other parties in the cases listed above would seem to fall easily within this definition of practicing law.
Warren described herself as ?Of Counsel? or counsel?and clearly was rendering legal advice and services based upon her evaluation of the law:
Generally speaking, the practice of law can include, ?the examination of statutes, judicial decisions, and departmental rulings, for the purpose of advising upon a question of law ? and the rendering to a client of an opinion thereon.? See Lowell Bar Ass?n v. Loeb, 315 Mass. 176, 52 N.E.2d 27, 33 (1943).
In re Bonarrigo, 282 B.R. 101 D.Mass.,2002 (bankruptcy petition preparers engaged in practice of law).
4. If Warren Was Practicing Law From Her Cambridge Office,
She Violated Massachusetts Law
In order to practice law in Massachusetts, particularly from a Massachusetts office, one needs to be admitted to the Massachusetts Bar, which Warren never has been.? There is no general exception from licensing requirements for law professors.
Massachusetts General Laws, Chapter 221, Section 46A provides (emphasis mine):
Section 46A.? No individual, other than a member, in good standing, of the bar of this commonwealth shall practice law, or, by word, sign, letter, advertisement or otherwise, hold himself out as authorized, entitled, competent, qualified or able to practice law; provided, that a member of the bar, in good standing, of any other state may appear, by permission of the court, as attorney or counselor, in any case pending therein, if such other state grants like privileges to members of the bar, in good standing, of this commonwealth.
Massachusetts Rule of Professional Conduct 5.5 provides in pertinent part?that the obligation to be licensed has some narrow exceptions.? None of those exceptions apply to Warren (emphasis mine):
(b) A lawyer who is not admitted to practice in this jurisdiction shall not:
(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.(c) A lawyer admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;
(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the lawyer, or a person the lawyer is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the lawyer?s practice in a jurisdiction in which the lawyer is admitted to practice and are not services for which the forum requires pro hac vice admission; or
(4) are not within paragraphs (c)(2) or (c)(3) and arise out of or are reasonably related to the lawyer?s practice in a jurisdiction in which the lawyer is admitted to practice.
As the Rule makes clear, assuming Warren were licensed in another jurisdiction (which is unclear), Warren still could not maintain an office in Massachusetts for the practice of law, which she did, unless licensed in Massachusetts, which she was not.
Warren cannot invoke the??temporary basis? exception quoted above because she maintained the Cambridge office continuously and for a long period of time, and was not temporarily in Massachusetts ancillary to her practice in a jurisdiction where? she was licensed.? A?Comment to the Rule provides:
[6] There is no single test to determine whether a lawyer?s services are provided on a ?temporary basis? in this jurisdiction, and may therefore be permissible under paragraph (c). Services may be ?temporary? even though the lawyer provides services in this jurisdiction on a recurring basis, or for an extended period of time, as when the lawyer is representing a client in a single lengthy negotiation or litigation.
Whether the services were on a ?temporary basis? would require a showing that Warren was actively licensed elsewhere (a fact her withdrawal from New Jersey makes more difficult to verify) and whether the services were in relation to her activities in the other jurisdiction.??Comment 14 provides in pertinent part:
[14] Paragraphs (c)(3) and (c)(4) require that the services arise out of or be reasonably related to the lawyer?s practice in a jurisdiction in which the lawyer is admitted?.
Comment 10 also explains that temporary?conduct in connection with a matter pending in a jurisdiction in which the attorney is licensed, such as interviewing a witness in Massachusetts or conducting a deposition in Massachusetts, is permitted.? That would seem inapplicable here, both because Warren?s office was in Massachusetts, and also because her representation of Travelers was not of such nature that her services were incidental to her representation of Travelers in a jurisdiction in which she was licensed.
Moreover, the Travelers case was not the only legal representation Warren has provided over the years, as demonstrated above.? According to The Boston Globe article about the Travelers case:
The extent of her legal practice, and the clients she has represented, is unclear.
Her campaign would not release a full list of cases she has been involved in. And, while some representation appears in scattered court records, much of her consulting can be done without placing her name on dockets as an attorney of record.
Her campaign detailed six Supreme Court cases in which she has filed so-called friend of the court briefs. They include two briefs on behalf of the AARP: one of which supports protecting individual retirement accounts in the event of a bankruptcy and another that fights to allow judges to lower consumers? credit card interest rates in the event of personal bankruptcies.
Warren?s 2008 CV lists six Supreme Court Briefs in which she had participated (although two of them appear to be briefs filed on her behalf, not briefs filed by her as counsel), all of which predated the Travelers case:
Here, since Warren maintained her Cambridge office as her law office for well over a decade, it is hard to argue that it was either temporary or in connection with her practice in another jurisdiction.? Moreover, unlike the out of state attorney in the Lindsey case above, Warren practiced law from her office in Massachusetts.
This is unlike some cases in which unlicensed?conduct in?Massachusetts is excused if ancillary to the attorney?s practice in a state in which he or she is licensed.? In re Chimko, 444 Mass. 743, 831 N.E.2d 316 (Mass. 2005).? Here,?even if she were licensed in New Jersey while representing Travelers (a fact we still are trying to confirm), that would not permit Warren to maintain a law practice in Massachusetts unless licensed in Massachusetts.
There is a Massachusetts Bar Association Ethics Opinion which seems on point.? Here is the official summary (emphasis mine):
Opinion No. 76-18
Summary: It is improper and misleading for an out-of-jurisdiction firm whose members and associates are not admitted to the Massachusetts bar to place a ?Boston Office? address on its letterhead. In addition, the letterhead of such an out-of-jurisdiction law firm may not contain, without more, the names of Boston lawyers who are not associates or partners of that firm.
It is proper for an out-of-jurisdiction firm to have a local office indicated on its letterhead if (1) that office is operated by at least one member or associate of the firm who is admitted to the Massachusetts bar, and (2) any enumeration of lawyers on the firm letterhead makes clear which lawyers are not admitted to practice in Massachusetts and any other jurisdictional limitations.
Yet Warren, who was not and never was licensed to practice law in Massachusetts, has held her Cambridge office out to be her law office for the purpose of providing legal representation.
As noted above, we do not know the extent to which Warren has represented Massachusetts clients or offered advice as to Massachusetts law.? The American Bar Association has recognized the problem under Model Rule 5.5 for a lawyer who maintains an office in one jurisdiction but practices ?virtually? in another jurisdiction.? While the ABA is working on solving such internet-age issues, there is no authority which exempts from the licensing requirements an attorney domiciled in Massachusetts using a Massachusetts office but who offers legal advice and services only to out-of-state clients and as to?non-Massachusetts law.
5. Harvard Law School Warns Its Students Against The Unauthorized Practice of Law
My interpretation of Massachusetts law, and the broad scope of conduct which requires admission to the Massachusetts Bar, is consistent with the instructions Harvard Law School provides to law students who wish to participate in legal Clinics.
In Massachusetts, as in most states, students can provide services which otherwise would require a law license, providing that certain requirements, such as providing the services through a recognized law school clinic under the supervision of an attorney admitted to practice in Massachusetts, are met.
Here is what Harvard Law School cautions its students:
3. Standards of professional behavior for law students.
As future practicing lawyers, law students have standards of professional behavior and responsibilities expected of them. Please be advised that every state, including the Commonwealth of Massachusetts, has statutes and rules that prohibit the ?unauthorized practice of law.? (See, e.g., Mass. Gen. Laws ch. 221 ?41; Mass. Rules of Professional Conduct, Rule 5.5)
The practice of law is broadly defined and can include providing advice, in addition to direct representation. Just as one must get a license to practice medicine, one must be admitted to the bar in a particular state to be able to practice law. Law students are permitted to do legal work for clients as long as the student is working as an individual supervised by an attorney admitted to practice law in the relevant jurisdiction and that attorney takes responsibility for the legal work. Engaging in the unauthorized practice of law may result in criminal penalties, including fines and imprisonment. See: Massachusetts Conveyancers Ass?n, Inc. v. Colonial Title & Escrow, Inc., 2001 WL 669280 (Mass.Super. 2001) : whether a particular activity constitutes the practice of law is fact specific. Matter of Shoe Manufacturers Protective Association, 295 Mass. 369, 372 (1936). http://www.reba.net/images/UserFiles/File/amici/Darryl%20Chimko%20v%20Richard%20A.%20KingAmicus%20Brief.pdf; http://www.relanc.com/documents/REBA%20Brief%20to%20Massachusetts%20SJC%20re%20UPL%20Issue.pdf
HLS students are required to comply with rules regarding the practice of law and the Law School?s policies regarding engagement in the practice of law while enrolled at the Law School.? These rules ensure proper supervision and compliance with applicable legal requirements. Violation of the rules on the unauthorized practice of law may result in disciplinary proceedings before the Administrative Board, and may interfere with eligibility for admission to the bar.
None of these legal standards should come as a surprise to Warren.? If Harvard Law School expects its students not to engage in the unauthorized practice of law in Massachusetts, presumably it provides similar warning to its faculty.? Unfortunately, unlike many other Harvard schools, the law school faculty handbook is not available online or to the public.
While I have not checked every Harvard Law faculty member, several?high profile professors?who provide or have provided?private legal services from their Harvard offices are licensed to practice law in Massachusetts, including?Alan Dershowitz, Charles Fried, and Laurence Tribe.
What is odd is that Warren could have been admitted to the Massachusetts Bar on motion, since she was admitted elsewhere and had at least five years law teaching/practice experience (unless she had previously taken and failed the Mass Bar Exam).? I am not certain when this motion provision came into effect in Massachusetts.
6. Warren?s Possible Practice Of Law Without A License Requires Full Disclosure Prior To The Election
I detail above the facts and law which lead me to the conclusion that Warren has practiced law in Massachusetts without a license in violation of Massachusetts law for well over a decade.
I expect Warren will disagree, and I welcome a discussion of the facts and the law.
I doubt that will happen.? Instead, and similar to how her campaign tried to demonize me and the Cherokee women who questioned her supposed Native American ancestry, I expect Warren?s campaign will attempt to deflect these serious issues by attacking the messenger.
Warren should disclose the full scope of her private law practice.? Perhaps there are facts not publicly available which will demonstrate that Warren was not engaged in the practice of law in Massachusetts when she earned $212,000 from Travelers, plus other fees from others who sought out her legal expertise dating back to the 1990s.
The voters of Massachusetts are entitled to know,?before they vote, whether?one of the candidates for Senate has not been following the rules which apply to everyone else.
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Source: http://legalinsurrection.com/2012/09/elizabeth-warrens-law-license-problem/
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