text:
High-κ dielectric
The term high-κ dielectric refers to a material with a high dielectric constant (κ, kappa), as compared to silicon dioxide. High-κ dielectrics are used in semiconductor manufacturing processes where they are usually used to replace a silicon dioxide gate dielectric or another dielectric layer of a device. The implementation of high-κ gate dielectrics is one of several strategies developed to allow further miniaturization of microelectronic components, colloquially referred to as extending Moore's Law. Sometimes these materials are called "high-k" (pronounced "high kay"), instead of "high-κ" (high kappa).
Need for high-κ materials[edit]
Silicon dioxide (SiO2) has been used as a gate oxide material for decades. As metal–oxide–semiconductor field-effect transistors (MOSFETs) have decreased in size, the thickness of the silicon dioxide gate dielectric has steadily decreased to increase the gate capacitance (per unit area) and thereby drive current (per device width), raising device performance. As the thickness scales below 2 nm, leakage currents due to tunneling increase drastically, leading to high power consumption and reduced device reliability. Replacing the silicon dioxide gate dielectric with a high-κ material allows increased gate capacitance without the associated leakage effects.
First principles[edit]
The gate oxide in a MOSFET can be modeled as a parallel plate capacitor. Ignoring quantum mechanical and depletion effects from the Si substrate and gate, the capacitance C of this parallel plate capacitor is given by
- A is the capacitor area
- κ is the relative dielectric constant of the material (3.9 for silicon dioxide)
- ε0 is the permittivity of free space
- t is the thickness of the capacitor oxide insulator
Since leakage limitation constrains further reduction of t, an alternative method to increase gate capacitance is alter κ by replacing silicon dioxide with a high-κ material. In such a scenario, a thicker gate oxide layer might be used which can reduce the leakage current flowing through the structure as well as improving the gate dielectric reliability.
Gate capacitance impact on drive current[edit]
The drain current ID for a MOSFET can be written (using the gradual channel approximation) as
- W is the width of the transistor channel
- L is the channel length
- μ is the channel carrier mobility (assumed constant here)
- Cinv is the capacitance density associated with the gate dielectric when the underlying channel is in the inverted state
- VG is the voltage applied to the transistor gate
- Vth is the threshold voltage
The term VG − Vth is limited in range due to reliability and room temperature operation constraints, since a too large VG would create an undesirable, high electric field across the oxide. Furthermore, Vth cannot easily be reduced below about 200 mV, because leakage currents due to increased oxide leakage (that is, assuming high-κ dielectrics are not available) and subthreshold conduction raise stand-by power consumption to unacceptable levels. (See the industry roadmap,[1] which limits threshold to 200 mV, and Roy et al. [2]). Thus, according to this simplified list of factors, an increased ID,sat requires a reduction in the channel length or an increase in the gate dielectric capacitance.
Materials and considerations[edit]
Replacing the silicon dioxide gate dielectric with another material adds complexity to the manufacturing process. Silicon dioxide can be formed by oxidizing the underlying silicon, ensuring a uniform, conformal oxide and high interface quality. As a consequence, development efforts have focused on finding a material with a requisitely high dielectric constant that can be easily integrated into a manufacturing process. Other key considerations include band alignment to silicon (which may alter leakage current), film morphology, thermal stability, maintenance of a high mobility of charge carriers in the channel and minimization of electrical defects in the film/interface. Materials which have received considerable attention are hafnium silicate, zirconium silicate, hafnium dioxide and zirconium dioxide, typically deposited using atomic layer deposition.
It is expected that defect states in the high-κ dielectric can influence its electrical properties. Defect states can be measured for example by using zero-bias thermally stimulated current, zero-temperature-gradient zero-bias thermally stimulated current spectroscopy,[3][4] or inelastic electron tunneling spectroscopy (IETS).
Use in industry[edit]
Industry has employed oxynitride gate dielectrics since the 1990s, wherein a conventionally formed silicon oxide dielectric is infused with a small amount of nitrogen. The nitride content subtly raises the dielectric constant and is thought to offer other advantages, such as resistance against dopant diffusion through the gate dielectric.
In 2000, Gurtej Singh Sandhu and Trung T. Doan of Micron Technology initiated the development of atomic layer deposition high-κ films for DRAM memory devices. This helped drive cost-effective implementation of semiconductor memory, starting with 90-nm node DRAM.[5][6]
In early 2007, Intel announced the deployment of hafnium-based high-κ dielectrics in conjunction with a metallic gate for components built on 45 nanometer technologies, and has shipped it in the 2007 processor series codenamed Penryn.[7][8] At the same time, IBM announced plans to transition to high-κ materials, also hafnium-based, for some products in 2008. While not identified, the most likely dielectric used in such applications are some form of nitrided hafnium silicates (HfSiON). HfO2 and HfSiO are susceptible to crystallization during dopant activation annealing. NEC Electronics has also announced the use of a HfSiON dielectric in their 55 nm UltimateLowPower technology.[9] However, even HfSiON is susceptible to trap-related leakage currents, which tend to increase with stress over device lifetime. This leakage effect becomes more severe as hafnium concentration increases. There is no guarantee, however, that hafnium will serve as a de facto basis for future high-κ dielectrics. The 2006 ITRS roadmap predicted the implementation of high-κ materials to be commonplace in the industry by 2010.
See also[edit]
- ^ "Process Integration, Devices, and Structures" (PDF). International Technology Roadmap for Semiconductors: 2006 Update. Archived from the original (PDF) on 2007-09-27.
- ^ Kaushik Roy, Kiat Seng Yeo (2004). Low Voltage, Low Power VLSI Subsystems. McGraw-Hill Professional. Fig. 2.1, p. 44. ISBN 978-0-07-143786-8.
- ^ Lau, W. S.; Zhong, L.; Lee, Allen; See, C. H.; Han, Taejoon; Sandler, N. P.; Chong, T. C. (1997). "Detection of defect states responsible for leakage current in ultrathin tantalum pentoxide (Ta[sub 2]O[sub 5]) films by zero-bias thermally stimulated current spectroscopy". Applied Physics Letters. 71 (4): 500. Bibcode:1997ApPhL..71..500L. doi:10.1063/1.119590.
- ^ Lau, W. S.; Wong, K. F.; Han, Taejoon; Sandler, Nathan P. (2006). "Application of zero-temperature-gradient zero-bias thermally stimulated current spectroscopy to ultrathin high-dielectric-constant insulator film characterization". Applied Physics Letters. 88 (17): 172906. Bibcode:2006ApPhL..88q2906L. doi:10.1063/1.2199590.
- ^ "IEEE Andrew S. Grove Award Recipients". IEEE Andrew S. Grove Award. Institute of Electrical and Electronics Engineers. Retrieved 4 July 2019.
- ^ Sandhu, Gurtej; Doan, Trung T. (22 August 2001). "Atomic layer doping apparatus and method". Google Patents. Retrieved 5 July 2019.
- ^ "Intel 45nm High-k Silicon Technology Page". Intel.com. Retrieved 2011-11-08.
- ^ "IEEE Spectrum: The High-k Solution". Archived from the original on 2007-10-26. Retrieved 2007-10-25.
- ^ "UltimateLowPower Technology|Advanced Process Technology|Technology|NEC Electronics". Necel.com. Archived from the original on 2010-02-19. Retrieved 2011-11-08.
Further reading[edit]
- Review article by Wilk et al. in the Journal of Applied Physics
- Houssa, M. (Ed.) (2003) High-k Dielectrics Institute of Physics ISBN 0-7503-0906-7 CRC Press Online
- Huff, H.R., Gilmer, D.C. (Ed.) (2005) High Dielectric Constant Materials : VLSI MOSFET applications Springer ISBN 3-540-21081-4
- Demkov, A.A, Navrotsky, A., (Ed.) (2005) Materials Fundamentals of Gate Dielectrics Springer ISBN 1-4020-3077-0
- "High dielectric constant gate oxides for metal oxide Si transistors" Robertson, J. (Rep. Prog. Phys. 69 327-396 2006) Institute Physics Publishing doi:10.1088/0034-4885/69/2/R02 High dielectric constant gate oxides]
- Media coverage of March, 2007 Intel/IBM announcements BBC NEWS|Technology|Chips push through nano-barrier, NY Times Article (1/27/07)
- Gusev, E. P. (Ed.) (2006) "Defects in High-k Gate Dielectric Stacks: Nano-Electronic Semiconductor Devices", Springer ISBN 1-4020-4366-X


text:
Stereotyping Political Ideology
Posted by The Situationist Staff on January 29, 2010
Susan Perry has a terrific article in yesterday's Minneapolis Post, titled "How we use stereotypes to identify people's political affiliations." Here are some excerpts.
* * *
. . . . According to a study published this month in the open-access journal PLoS ONE, people can identify with remarkable accuracy (more than by chance guessing) whether another person is a Republican or a Democrat by simply looking at that person's headshot.
How do we do it? By relying on stereotypes, the study found. Republicans, apparently, look "powerful" in our minds, and Democrats appear "warm."
Of course, these kinds of stereotypes can lead to perceptual errors. "Not all Democrats appear warm and not all Republicans appear powerful," wrote the study's authors. "However, the linearity of these effects is noteworthy: appearing warmer led to a greater chance that a target would be perceived as a Democrat and appearing more powerful led to a greater chance that a target would be perceived as a Republican."
Experiment #1
The study, which was conducted by Nalini Ambady, Ph.D., a social psychologist at Tufts University in Medford, Mass., and Tufts doctoral candidate Nicholas Rule, involved three separate experiments.
In the first experiment, 29 undergraduates were asked to categorize the faces of 118 unnamed professional politicians (2004 and 2006 U.S. Senate candidates).The photos (cropped to be of identical size and converted to grayscale) included women candidates, but minority candidates were excluded to avoid race-based stereotypes.
After the data was analyzed, the study found that participants had categorized the photos correctly at a rate that was significantly better than chance guessing. Those results held even when the responses of 10 participants who said they recognized at least one of the candidates were excluded from the calculations.
Experiment #2
To see if the results of the first experiment could be extended to other groups of people, the researchers conducted a second experiment. . . . [involving] the political affiliation of photos take from the senior yearbooks of a private U.S. university. . . .
Again, the participants' categorization of the political affiliations of the students in the photos was significantly greater than chance guessing.
Experiment #3
Intrigued by these findings, the researchers decided to determine what, exactly, people were using to determine if someone were a Democrat or a Republican. . . .
* * *
Faces perceived to be that of Republican scored higher on the "Power" scale and those perceived to be that of a Democrat scored high on the "Warmth" scale.
* * *
Other research has pointed out that we're quick to make snap judgments about the people we meet based on their appearance — and often, of course, unfairly. "People are known to form impression of others from their faces instantaneously and automatically," write Rule and Ambady. "Moreover, these perceptions can have highly consequential outcomes, such as affecting the jobs that individuals are offered, their outcomes in court, and their financial success."
* * *
To read the entire article, including the conclusion, which summarizes "some truly provocative research about how election results can be predicted by the candidates' facial traits," click here.
To read a sample of related Situationist posts, see "Social Tuning and Ideology – Part 1 and Part 2," "The Situation of Ideology – Part I," "The Situation of Ideology – Part II," "Ideology is Back!," "A System-Justification Primer," "Barbara Ehrenreich on the Sources of and Problems with Dispositionism," ""Yuck!" "EWW!" and Other Conservative Expressions," "Unclean Hands" and "The Situation of Political Disposition," "Ideology is Back!," "The Situation of Confabulation,"

subset: commoncrawl


text:
Only the most expensive DSLRs use full-frame sensors—one that's about the same size as a 35mm frame of film. More typical DSLRs, like the Nikon D7000 or Canon T2i use smaller sensors. This video shows what that means.
Mike Collins' setup compares a 5D Mark II, which has a full-frame sensor, and a 7D, which has a smaller APS-C sized sensor. Using a variety of lenses, the video illustrates exactly how the crop factor of smaller sensors affects shots—much easier than trying to explain it with wordy words. [Vimeo via Planet5D via Petapixel via ZEROFLO]


text:
Referral Line: 484-628-HELP
Reading Hospital: 484-628-8000
Toll Free: 1-866-988-4377
Reading Health System Menu
Request an Appointment
Health Library
Arrange to have an adult drive you home after surgery. If you had general anesthesia, it may take a day or more to fully recover. So for at least the next 24 hours:
Don't drive or use machinery or power tools.
Don't drink alcohol.
Don't make any major decisions.
Here are some dietary suggestions following surgery:
Start with liquids and light foods (like dry toast, bananas, and applesauce). As you feel up to it, slowly return to your normal diet.
Drink at least 6 to 8 glasses of water or other nonalcoholic fluids a day.
To prevent nausea, eat before taking narcotic pain medicines.
It's important to follow these directions:
Take all medicines as instructed.
Take pain medicines on time. Don't wait until the pain is bad before taking your medicines.
Don't drink alcohol while taking pain medicines.
These instructions are to help with your recovery:
Sit or lie down when possible. Put a pillow or 2 under your heel to raise your foot above the level of your heart.
Wrap an ice pack or bag of frozen peas in a thin cloth. Place it over your bandaged foot for no longer than 20 minutes. Do this 3 times a day.
You can drive again in 7 days or as instructed by your surgeon.
Wear your surgical shoe at all times unless told otherwise by your surgeon.
Use crutches or a cane as directed.
Follow your surgeon's instructions about putting weight on your foot.
Here are tips to follow:
Don't shower for 48 hours.
When you can shower again, cover the bandage, splint, or cast with a plastic bag to keep it dry.
Don't remove your bandage until your surgeon tells you to. If your bandage gets wet or dirty, check with your healthcare provider. You can likely replace it with a clean, dry one.
It's normal to have the following:
Bruising and slight swelling of the foot and toes
A small amount of blood on the dressing
Contact your surgeon right away if you have any of the following:
Continuous bleeding through the bandage
Excessive swelling, increased bleeding, or redness
Fever over 100.4°F (38°C) or chills, or as directed by your surgeon
Pain unrelieved by pain medicines
Foot feels cold to the touch or numb
Increased pain in your leg or foot
Chest pain or shortness of breath
Anything unusual that concerns you


text: Karin Stone is a metal head with a personality that could crush skulls! To her dismay, she attends Fallmore Private Academy, high school for the pretentious and privileged. Every day, she has to hide her true self from pompous teens who worship pop stars and bitch about their first world problems. At night, she hits up seedy music clubs to see her favorite metal band, RavenCross. Their handsome front man, Dante Fero, has an incredible passion for music that would put the classics to shame. Being an aspiring musician herself, it didn't take long for Karin to fall for him. However, she's not the only one with something to hide. As RavenCross prepares to hit the stage for their next show, Karin accidentally discovers a shocking secret about Dante that gives a whole new meaning to the phrase "don't judge a book by its cover". Will Karin keep this secret of a lifetime to herself? Or will she exploit the hell out of it?


text:
Procrastinators unite at Flower Ave. Holiday Market on Dec. 24
If you're not all set for Christmas, there's still one more Saturday to shop local at the Flower Avenue Holiday Market on Dec. 24 from 9 a.m. to 4 p.m. Yet more new vendors will be there, too!
Located at 8809 Flower Avenue on the parking lot at the corner of Flower Avenue and Arliss Street (near Piney Branch Road), the last day of the holiday market features some of our most popular vendors selling hand-made clothing, jewelry, men's cufflinks, antiques, vintage toys, hand-carved animals from Africa, hand-painted Christmas villages, candles, cosmetics and more. The Long Branch Women's Sewing Circle also returns, selling shopping bags and taking orders for more. New this week are vendors offering hand-made bookmarks, leather belts and bracelets, and phone accessories.
The dollars you spend support local entrepreneurs and re-circulate money in the Long Branch/Silver Spring/Takoma Park communities. Your shopping also helps raise funds for IMPACT Silver Spring, a nonprofit dedicated to community building and economic empowerment in our neighborhoods. Read more about the social good the market is doing.
Here's a list of some of the vendors scheduled for the Flower Avenue Holiday Market on Dec. 24:
Antiques, Collectibles
Orion's Attic: Antiques, art, collectibles, decorative glass, home décor, vintage toys. www.orionsattic.com
Art and Arts & Crafts
Christ-Life African Arts and Crafts: African arts and crafts including hand-carved wooden animals.
Huaman, Maria: Peruvian crafts and holiday things.
Thai Art: Thai Oil Painting on Black Velvet pictures. Sizes from 4″x10″ to 28″x50″
Barney's Bookies: Handmade beaded bookmarks on silk thread. The beads were harvested locally from bead stores and recycled from thrift stores.
Christmas/Holiday Decor
Braden, Mark: Hand-painted Christmas village scenes, home décor. See video: http://youtu.be/MfUh9UpGufc
Asunder By Ray: Custom-made cufflinks, Raymond Thomas links men with sophisticated taste to cufflinks that express their personal style. www.asunderbyray.com
Bold as love: Clothing, all tie dye hats, tapestries, shirts, socks and pants. www.tie-dyedtots.com
CHO-PI-CHA: Clothing, Ladies tops, Pants, Dresses, Scarves, Hats, skirts and Accessories.
Gebreeggziabaher, Zebenay: Hand-made curtains made by her and her brother.
My Equisite Scentsy: Candle-warmers with moderns scents and aromas. https://myexquisite.scentsy.us/Home
Fun to Give, Fun to Get: Hand-worked sterling silver and precious metal clay with natural stones, glass beads and swarovsky crystals.
Jennifer's Handcrafts: Arts/Crafts, Jewelry, Handmade and import Jewelry for kids and adult.
K Wear Designs: Leather belts and leather embellish bracelets, seashell pendants, ornaments for pants, provocative chokers, clay made pendants and etc.
Lovely To Look At: Hand-crafted jewelry.
Nonprofit Organizations
IMPACT Silver Spring: Dedicated to creating economic empowerment opportunities for communities including Long Branch. http://www.impactsilverspring.org/
Phone Accessories
Fashion Wireless: Phone accessories, phones. Jewelry.
Long Branch Women's Sewing Circle: A group of Latin American micro-entrepreneurs sell a variety of sewn items and will take orders for more.
Skin care/Beauty Products
Canales, Yolanda: Perfume
Williams, Tiara: Mary Kay Cosmetics. The products for sale include gift baskets that host skin care, fragrances, and make up.
[yframe url='http://www.youtube.com/watch?v=MfUh9UpGufc&feature=youtu.be']


text:
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The Wrong Jedi
Posted By
The Clone Wars
Season 5 Episode 20:
The Wrong Jedi
How to describe
The Clone Wars
Season Five's final episode? Brilliant. Heart-rending. Strong. Troubling. So many words, all of them insufficient. Ahsoka Tano's story may not be over, but her life as a Jedi certainly is. The events that led her to put that life behind her were both disturbing on many levels and painful to watch, with consequences for not just Ahsoka but also Anakin Skywalker and the entire Jedi Order. Whether or not
"The Wrong Jedi"
is the series finale, the team behind
The Clone Wars
can take heart: they produced a stunning episode of television that brought into focus the impact that Ahsoka Tano has had on the
Star Wars
The folly of the Jedi Council was more apparent in this episode than in any prior installment of
The Clone Wars
. Yoda began by emphasizing to Admiral Tarkin that the Jedi Order wanted a fair trial for Ahsoka, in accordance with "Jedi tradition." Yet when Tarkin scoffed at the idea of leaving things in the Council's hands, Yoda barely put up a fight. He merely looked warily at Tarkin as the Republic military officer laid out the Galactic Senate's position. Next it was Mace's turn to confront Tarkin. Exquisitely subtle strains of the Imperial March played as the Jedi addressed the admiral, stressing that the Council would decide how to proceed with Ahsoka. This was a bold move -- a reminder to Tarkin that the Order technically had jurisdiction over the young Togruta. Unfortunately, this only served to emphasize how embarrassingly timid the Council had become when they made the decision to comply with what was nothing more than a request.
Despite Obi-Wan's protestations (which must have been due in part to a concern about Anakin's reaction), the Council gave in to the Senate's wishes. They were worried that declining Tarkin's suggestion would make it look like they were opposing the Senate. Perhaps so. In any event, the Council had sacrificed one of their own to save their reputation and their standing within the government. This cowardly act was one of the most disturbing signs yet of the Order's imminent demise. These wisest, most honorable, most careful Jedi Masters had just abandoned one of their children to save themselves, setting a dangerous precedent for future intergovernmental conflicts.
Overall, this episode was a giant reminder of the fact that moral comprise and ideological complacency was infecting the Jedi Order just as surely as it was infecting the Senate. The Council's decision to throw Ahsoka to the wolves was the biggest component. Another example was the use of Jedi guards for the proceedings within the Temple. The Council didn't trust Anakin to keep Ahsoka in line when the two of them were brought to the Chamber of Judgment. Indeed, they didn't even trust Anakin to behave himself. Maybe the masked guards were a necessary precaution. Maybe they weren't. Either way, the guards symbolized the need to enforce discipline and compliance even within the hallowed halls of the Temple. They were a sign of the Council's recognition of its own potential weakness: Not all Jedi will go along with the Council's wishes voluntarily. Perhaps they were even worried about a full-on schism. In any event, these guards were another indication of the problems plaguing the Order.
At the end of the episode, with Ahsoka's name cleared, the Council tried to undo its mistake. At a private gathering of Ahsoka, Anakin, and several members of the Council, we saw the culmination of their ill-advised antagonism toward Ahsoka. After Anakin and Plo Koon apologized to the young former Padawan, Mace stepped up and effectively ruined the moment. "This was actually your greatest trial," Mace said. "Now we see that." He went on to talk about the Force working in mysterious ways. I almost couldn't believe it. He was blaming the Council's wrongheadedness on the will of the Force, putting too much faith in that energy field as a determinant of their attitudes. Immediately after apologizing to Ahsoka, the Council was shifting the blame to the Force itself.
If the Council was bafflingly irresponsible in their conduct toward Ahsoka, the Republic Senate, in its trial of Ahsoka, was even worse. No one was more offensive than Tarkin. He clearly relished prosecuting Ahsoka. He wanted to hurt the Jedi, and he knew he could do it by hurting one of them. This antagonism went beyond schadenfreude. Tarkin even asked that the assembled senators consider the death penalty for the teenager who stood before the court.
This episode benefitted tremendously, albeit in an understated way, from Padm?'s involvement. Ahsoka always considered Padm? a trusted confidant, and in this episode, when she was at her lowest point ever, she looked on Padm? as a friendly face amid the gloom. She smiled when the senator entered her prison cell to prepare for her defense, even as she admitted that she wasn't optimistic about Padm?'s chances of success. Ahsoka ended up judging the atmosphere of the court accurately. Padm? made clear and logical arguments in Ahsoka's defense, much like she did against military escalation in Episode II, but like in that film, her passionate argument fell on deaf ears. The Republic Senate was too corrupt to abandon its preconceived notions.
The centerpiece of the proceedings in
Galactic Republic v. Tano
was a speech delivered not by either party's advocate, but by the Supreme Chancellor himself. In a carefully, even insidiously worded address, Palpatine made the case that Ahsoka's seeming innocence was just an illusion. As he spoke, it dawned on me what he was doing: he was using Ahsoka's situation to make the case against the entire Jedi Order. By suggesting that Separatists could have infiltrated the Republic via the Jedi Order, he was encouraging people to suspect that any Jedi they see could actually be a saboteur. It was the perfect setup to his speech in Episode III where he revealed a Jedi plot to overthrow the Republic government. In this episode, under the guise of discussing Separatist sabotage of Republic unity, he was actually encouraging people to rethink the importance and honor of the Jedi Order itself. It was a positively chilling speech, due in part to new Palpatine voice actor Tim Curry's laudable performance.
Watching the Council behave irresponsibly toward Ahsoka and then watching the Republic trial in which she was wrongly vilified, I felt indignant on her behalf. But there was actually someone who was more outraged: Anakin Skywalker. Right from his first appearance in this episode, I knew that whatever happened to Ahsoka would weigh extra heavily on Anakin. As he waited with Ahsoka for the Council to address them, he was visibly agitated. A front-line commander and a fierce protector of those about whom he cared, Anakin was beyond frustrated that he couldn't help Ahsoka. He bristled at waiting around while the Council deliberated.
Anakin was never one to handle inaction well, but in this episode, with the very fate of his apprentice hanging in the balance, he was unusually emotional. His sharp reaction to the Council's line of questioning was followed by a shot of Obi-Wan looking acutely worried. He knew what was coming next and he had to know how Anakin would react. When the Council issued its pronouncement stripping Ahsoka of her membership in the Jedi Order, I was disturbed but not at all surprised by the way that Anakin leapt forward as if to physically challenge his superiors. Here, more metaphorical seeds were planted, in this case involving Anakin's festering disapproval of the way the Jedi Council ran their Order and the priorities that they seemed to be following. Watching Anakin bitterly dispute the Council's decision, it was easy to imagine his anger sending him over the edge. Once exploited properly, that anger would fuel Anakin's lightsaber duels with some of these same Jedi, with him clad in darker robes and a darker state of mind.
I enjoyed seeing Anakin investigating the framing of his Padawan on his own, even as I recognized that his having to do so without the Council's support only reinforced his own feelings of isolation and betrayal. He managed to track down Asajj, but in the process of confronting her, he almost let his emotions cloud his judgment. When he thought Asajj was the culprit, he telekinetically (and then physically) choked her. It's a good thing he didn't kill her, though, because her role in this episode was to serve as another catalyst of his lingering frustration with the Jedi Order. At first, Asajj didn't want to have anything to do with Anakin. She told him to "leave me alone," suggesting that she didn't want any part in the Clone Wars anymore and preferred to live under the radar.
When Asajj began cooperating, her words led Anakin to understand both the facts of the case and Ahsoka's state of mind. "My master abandoned me," she told him bluntly, "and that's exactly what you did to her." Anakin was visibly taken aback by the truth of her words. Here he was, a paragon of Jedi virtue, and a former Sith assassin was lecturing him about morality. The irony was even more devastating because of the bitter truth of it all. Anakin couldn't deny that the Order had mistreated Ahsoka. At first, he rejected the idea that Ahsoka was even a little bit like Asajj, but he soon conceded that both were experiencing similar feelings of abandonment and betrayal. This scene -- and the entire episode -- left unstated the implications for Ahsoka's future of this comparison to Asajj, but it's not hard to imagine Ahsoka struggling to contain her resentment and brushing perilously close to the Dark Side.
Anakin's final interactions with Ahsoka in this episode underscored the extent to which her departure from the Order affected and will continue to affect him. After he reiterated to Ahsoka that the Council was asking her back, he personalized it, holding her severed Padawan braid in front of her and saying quietly but powerfully, "I'm asking you back." He was showing her how much he wanted to keep teaching her, how much he valued being her mentor, but he was also showing her a lot of vulnerability. This amount of devotion and emotional investment could not have gone unnoticed by the assembled Masters. Of course, Ahsoka declined the offer and quickly left the Temple. Obi-Wan attempted to stop Anakin from pursuing her, but Plo Koon, who must have been rocked on his heels by the rejection from "little 'soka," restrained his fellow Council member. Plo Koon realized that Anakin needed to confront his former Padawan, because it might be the last time they would ever speak to each other.
No single scene in the history of
The Clone Wars
brought me closer to tears than the last scene in this episode. The centerpiece of it all was Ahsoka's quiet admission that she knew Anakin's deepest, most damning secret. In a last-ditch attempt to convince Ahsoka to rejoin the Jedi Order, or perhaps as a way of acknowledging (or even sanctioning) the feelings that were driving her away, Anakin said that he understood wanting to leave the Jedi way of life behind. He chose his words carefully, but it was obvious that he was referencing his secret marriage to Padm?. Before striding away for the last time, Ahsoka said simply, "I know." His back still turned to his former Padawan, his mind still reeling from his loss, Anakin realized that Ahsoka cared so much about him that she'd kept his secret this whole time. It was a beautiful moment between mentor and apprentice, and it encapsulated the deep respect and admiration that Ahsoka had for Anakin even as they parted ways.
Speaking of parting ways with the Jedi Order, I have a lot to say about Barriss Offee. First of all, I found it very surprising how far into darkness Barriss had fallen. She tried to convince Anakin that Asajj was the true culprit and thus shouldn't be trusted. However, Anakin was open to all possibilities, not trapped in a rigid ideological prism, and he recognized that Asajj could have been telling him the truth. When dissembling failed, Barriss drew her stolen red lightsabers and remarked, "I think they suit me."
In their subsequent duel, Barriss lasted longer against Anakin than I had expected. Then I realized something: the idea that Barriss could hold her own in a duel with Anakin made sense if we considered the possibility that she had tapped into her anger and drawn on the Dark Side. This explanation was entirely reasonable, but very disturbing. We were now casting aside the theory that Barriss had simply grown disillusioned with the Order in favor of the theory that she had rejected the Light Side itself.
Barriss corroborated this theory when she told Anakin, "I've learned that trust is overrated." She then said that the Jedi only wanted violence. As I watched the two Jedi duel, I tried to figure out from where this attitude could have come. What was the cause of Barriss' sudden change of heart? When Barriss delivered her speech to the Republic Senate, a possibility dawned on me: Darth Sidious.
In her speech, Barriss called the Jedi villains and said that they should be put on trial. Her arguments against the Order went too far, however. The Council, despite helping to lead a war, has tried to preserve peace whenever possible. They may have their priorities wrong (such as preferring the Senate to Ahsoka), but they aren't warmongerers. They despise their role and what it's doing to them. They
to go back to being "keepers of the peace, not soldiers." Barriss had clearly fallen far to have her perception that distorted. In fact, her position sounded more like a hyperbolic rant against the Jedi Order than an expos? of its real flaws. All of this leads to me believe that the Dark Lord of the Sith may have had a hand in Barriss' betrayal.
Ahsoka Tano, the young Padawan whose introduction in the middle of 2008 caught fans off guard and angered more than a few of them, completed a long, transformative arc in
"The Wrong Jedi"
and left me feeling simultaneously sad for and proud of her. This was certainly a trying time for her. As if the first three episodes of this story arc weren't stressful enough, she now had to face the scorn and suspicion of her fellow Jedi. She handled herself well during the Council's fast-paced, interrogatory questioning in the Chamber of Judgment. She only became flustered when Mace basically accused her of lying to the Council. Yoda noted that the Force was "dangerously clouded," and if I were Ahsoka, I wouldn't have been able to stop myself from saying that the cloud was confounding the Council, not me.
Ahsoka looked positively despondent when the Council announced its decision to expel her from the Order, separate her from her home and family, and isolate her from the only community she had ever known. When she confided in Padm? about her sorrow ("I thought I was part of that Order, but everyone except Anakin has abandoned me"), I reflected on the effect that this kind of rejection would have on someone. What does it do to a person when everyone who supposedly cared about them rejects them based on only circumstantial evidence? What does it say about the institution of which those other people (and until recently, the affected individual) are a part?
In some ways, the trial itself and the contempt that the Senate appeared to have for her was only the preface to the real gut-punch that Ahsoka received: watching her best friend admit that she had set her up and committed the crimes. Ahsoka was clearly stunned by this revelation, but after everything else that had happened to her, she didn't have any emotional capacity left. The revelation that Barriss had set her up not only disturbed her; it also helped convince her to take some time to sort out her life. Her entire world had been upended. First her family kicked her out and then one of her best friends betrayed her and everyone she loved.
With the true culprit revealed, Anakin seemed to think that everything was okay now. He smiled at Ahsoka, but, in a sign of things to come, she barely met his smile before looking down. By that point, she had made up her mind to leave, and she was steeling herself against the emotional impact that her decision would have on her former Master. It was as if she were trying to emotionally deaden herself so that she wouldn't have to experience the pain of cutting ties with her devoted mentor and close friend. She knew that she couldn't trust the Council anymore, and because of that, she couldn't operate as part of the Order. In her last interaction with Anakin, she tried to make it clear that her departure wasn't because of him, but while watching this episode, we all knew that he would blame himself for failing her. In a voice choked with emotion, Ahsoka said quietly, "I'm sorry, Master, but I'm not coming back."
As Ahsoka walked away into an uncertain future, the episode faded to black. The mournful music ended on a solemn, powerful note and then transitioned to Ahsoka's Theme for the credits. This marked the first departure from a traditional "outro" sequence in the five-season history of
The Clone Wars
, and Dave Filoni and his team could not have chosen a better episode to highlight with such a departure. This was without a doubt one of the best episodes of the series, with one of the most powerful endings in all of television. Ashley Eckstein and Matt Lanter brought energy and emotion worth of Emmy Awards to their performances as Ahsoka and Anakin. I want to especially note Ashley's delivery of the line, "I'm sorry, Master, but I'm not coming back." I don't think I've ever heard a voice actor infuse a piece of dialog with so much emotion. It was nothing short of remarkable.
Perhaps more than any of its predecessors,
The Clone Wars
Season Five ran the gamut of story arcs and took us from one part of the war to another. There were many noteworthy moments, from the triumph of the rebels on Onderon to Darth Sidious' reclamation of his discarded apprentice Maul, but Ahsoka's transformation and her departure from the Jedi Order loom large over all of them. Ahsoka was created for
The Clone Wars
and is its second most significant character, next to Anakin, on whose actions the future of the entire galaxy will turn. The fact that Ahsoka has only been with us for six years only makes her character development that much more incredible. As Anakin's apprentice, she's faced challenges that no other Padawan could imagine (Mortis, anyone?) and emerged stronger than ever.
Since the beginning of this story arc, I've predicted that Ahsoka would be proven innocent but would choose to leave the Order regardless. There was no way for her to go back to the way things were. She had learned and realized so much since returning to Coruscant to investigate the bombing of the Temple, and she couldn't ignore all of that. Moreover, she wouldn't want to do so. She discovered that her place was no longer among the Jedi, and in an act that forever solidified her status as a strong and impressive
Star Wars
character, she knew when to let go of that which she had long held dear.
What will the future hold for Ahsoka? Our ability to answer that question depends on whether or not
The Clone Wars
gets a sixth season. I sincerely hope that it does. I have hoped so since rumors began to circulate about the effect that Disney's acquisition of Lucasfilm would have on the animated series. After seeing
"The Wrong Jedi"
, my hope for the series' renewal has only grown more fervent. Disney would do well to look at online reactions to this episode and to the lingering uncertainty over the show's future. If this is what the end of Season Five did for
Star Wars
, I can't even begin to imagine what the beginning of Season Six would look like.
The Clone Wars
gets renewed, I'll be right here at TheForce.Net reviewing each and every new episode. If
"The Wrong Jedi"
ends up serving as the series finale, it has truly been a wild and thrilling ride, and I have thoroughly enjoyed sharing my thoughts every step of the way. In any event, this is the end of my reviews for another season. Thank you all for reading, and may the Force be with you.
You can find all of my TCW episode reviews on TFN's
review index page
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States battle illegal gambling at Internet cafes
Many Internet cafes that have popped up in suburban strip malls and gas stations offer something more than coffee and access to the Web and email. Known as Internet sweepstakes cafes, they sell time on computers that can have the look, sound and feel of slot and video poker machines, sometimes with cash payouts for winners.
State and local authorities say the operations are illegal gambling, but shutting them down hasn't been easy.
More than $10 billion in revenue a year is the incentive to stay in business for these storefronts, numbering in the thousands. For some gamblers, the allure of cybercafe gambling is that the facilities are as near as the local mall or service station.
Customers purchase time on a computer or in some cases, long-distance phone time, and are given free entries into a "sweepstakes." They then go online and play a game that looks like slots or poker to see if they won.
Some in the gaming industry say this is no different from playing McDonald's Monopoly game, which is a sweepstakes. Customers who buy a Big Mac or chicken McNuggets get a free entry into the game, which offers prizes.
States disagree. States largely allow McDonald's-like sweepstakes for marketing purposes, but consider many of the Internet sweepstakes cafes as fronts for illegal gambling.
Ohio, Florida and Mississippi passed laws in 2013 banning Internet sweepstakes cafes, and similar bans are pending this year in Connecticut and California. And yet the operations still exist in those states that prohibit it. "It's foolish for anybody to think they are not going to come back in a different form," Ohio Attorney General Mike DeWine said at a recent gathering of attorney generals in Washington, D.C.
The reason? "There is so much money involved … tremendous amount of money, hundreds of millions of dollars," DeWine said.
And since these Internet sweepstakes cafes aren't regulated, states aren't collecting tax revenue on any wagering. The 22 states that have legal commercial casinos collected $8.6 billion in state and local tax revenue in 2012, according to the most recent information available from the American Gaming Association.
Ohio earned $138 million in local and state tax revenue in 2012 from legal casinos, the first year that casinos legally operated in the state. Florida's tax revenue was $162 million in 2012, and Mississippi earned $273 million.
Bans skirted
As soon as states shut down illegal cafes, new operations pop up trying to evade the bans by calling themselves something other than sweepstakes cafes. Some advertise themselves as basic office service venues while others promote arcade games.
Legislation passed last year in Ohio helped shut down most of the 800 illegal sweepstakes cafes there, DeWine said. But now, some parlors that once offered "sweepstakes" have now reopened as "skill game" venues. And some of the games offer payouts, again, illegal in Ohio.
"They are starting to reinvent themselves. They are going to start coming back," DeWine said.
Republican Gov. John Kasich this month included language in his mid-biennium budget review that requires all "skill-game operators" to be licensed and regulated by the state Casino Control Commission.
Legalized gambling is relatively new to Ohio. "Ten years ago we didn't have much gambling in Ohio," DeWine said. "We have a ton of it now." The state's first legal casinos opened in 2012 in Cleveland, Columbus and Toledo followed by its fourth casino in Cincinnati last year.
Similarly, North Carolina has passed legislation against Internet sweepstakes, but unscrupulous businesses "are very good at adapting to whatever law that you write," state Attorney General Roy Cooper said.
Gambling is illegal in North Carolina except at the two Indian casinos and the state lottery. After Internet sweepstakes cafes began popping up in the state, the legislature in 2010 passed a ban on them. The law, however, got mired in court, becoming effective when the state's Supreme Court unanimously upheld the measure in 2012.
Now the sweepstakes industry in North Carolina has come up with a new idea called "pre-reveal software," Cooper said. It allows people to buy Internet time or a telephone card or whatever product is being offered and the prize is revealed before the game is even played.
The companies argue that process doesn't violate the law. Cooper thinks otherwise. The state has worked with local district attorneys to indict some cafe owners, and many of the cases are still pending. "They lawyered up pretty well as you can imagine," Cooper said.
Other crackdowns
Other states that have taken action against sweepstakes cafes include:
• Florida, which has more than a dozen casinos at racetracks and Indian casinos, banned Internet sweepstakes cafes in 2013 shortly after a state and federal probe closed down nearly 50 operations run by Allied Veterans of the World. Lt. Gov. Jennifer Carroll resigned after law enforcement questioned her ties to the veterans' group when she was in the state legislature. She said she resigned to keep her former affiliations with the company from distracting from the work of Republican Gov. Rick Scott.
• Mississippi has worked with localities to seize and destroy 176 electronic video monitors along with 10 computer servers that run the games that authorities say are illegal under its 2013 law banning Internet sweepstakes cafes. "Getting rid of the machines is more effective than prosecution," state Attorney General Jim Hood said. Casinos have been legal in Mississippi since 1990 when the state approved riverboat gambling. The state now has 30 casinos.
• California counties have been shutting down sweepstakes cafes ever since the California Bureau of Gaming Control declared them illegal in late 2012. Some argue a state law is still needed to close loopholes. The state is home to 70 casinos, all operated by Native American tribes.
• Hawaii and Utah are the only states without any form of legalized gambling, but Hawaii is battling illegal Internet cafes. Last fall, state and local authorities seized gambling machines from a company that purported to operate an arcade game room. The raid is part of a statewide effort targeting video arcade games operations that house illegal gambling.Legalizing Online Gambling
While these states are cracking down, others are working to make online gambling legitimate. As Stateline.orghas reported, only Delaware, Nevada and New Jersey currently allow anyone within their borders to use their computers to gamble online at state-sanctioned websites.
These states legalized online betting after the U.S. Justice Department reversed its ban on Internet gambling in 2011. The governors of Delaware and Nevada last month signed the nation's first multi-state interstate gaming agreement that will eventually allow poker players in both states to play against each other online at the same virtual tables.
Americans spent nearly $3 billion on illegal, easily accessible and unregulated offshore gaming sites, the casino industry estimates. Competing measures to make online betting legal or outlaw it are pending in Congress.
Gambling opponents argue that states strain to handle the estimated $7 billion annual social cost of gambling-related addiction, bankruptcy and crime. Legalizing online gambling would only exacerbate the problems, they say, particularly without proper consumer protections and extra funds to help those with gambling problems. Up to 9 million adult Americans have problems with gambling, according to the National Council on Problem Gambling.
Stateline is a nonpartisan, nonprofit news service of the Pew Charitable Trusts that provides daily reporting and analysis on trends in state policy.


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Ask Dr. David: Overcoming Guilt from Past Infidelity
- Dr. David B. Hawkins Contributing Writer
- 2006 2 Sep
Dear Dr. David:
A number of years ago, before I was saved, I committed adultery with a guy and this played a role in leading to our divorce. My children, who were eight and ten years of age at the time, learned about the affair and have since confronted me about it. I am happily remarried but am plagued by guilt, and my children are angry with me. They wonder how I can counsel them on purity when I was not pure in my marriage to their father. I have confessed my sin, turned away from it and know God has forgiven me. I still, however, feel guilty and embarrassed and deeply ashamed. I feel like King David after his terrible sin with Bathsheba, when he said "My sin is ever before me ." Please help me know what I can tell my children, and how do I overcome my guilt? ~ Guilty
Dear Guilty:
First, there is no hiding from the fact that you are guilty—you know that, God knows that and it sounds like your children know it. You are part of the human race that knows the power of sin in our lives: "For all have sinned and fall short of the glory of God, and are justified freely by his grace through the redemption that came by Christ Jesus." (Romans 3: 23, 24) While we have all sinned, this verse doesn't stop there. We have also been justified by Christ.
This is good news. Even though you have sinned, and that is in your past, you have confessed it and turned away from it. I sense you now live a life of purity. Your sins have been covered by Christ's death, and He has redeemed and justified you. This is a truth we must all cling to.
Second, it seems that sin always leaves a scar. We can know forgiveness and freedom, but there seems to be reminders at times of our wrongfulness. Your children know about your past and you will need to decide how much is appropriate to tell them. While they don't need to know everything, they are old enough to know some things. Use discretion in what you share, but most important, you still can hold a standard of purity for them. You need not compromise simply because you were not perfect in your past. The scriptures also tell us "There is now no condemnation for those who are in Christ Jesus." (Romans 8: 1) You need no longer feel shame for your past.
Finally, let me offer a few practical suggestions for dealing with false guilt—those self-condemning feelings that linger inappropriately. It may help to talk out your feelings with a Christian counselor. Sometimes sharing our painful past with a caring listener, who will help us discern truth from lies, can help us move beyond our old wounds. Bathing yourself in the Word, our greatest source of truth, and receiving prayer for recovery can also be very freeing.
Dr. David:
I am a single, Christian woman, active in my church and love the Lord. I am waiting for God to send a man into my life, but this hasn't happened. There is a man in our church that I am interested in, but I am not sure if it is appropriate for me to approach him. I am kind of old fashioned and wish he would approach me, but he hasn't done that. Do you think I should approach him, or wait until God sends him to me. I have been face to face with him, but I didn't say anything to him at that time. What should I do? ~ Still Waiting
Dear Waiting:
There is a joke that says if we are single and waiting for a man to come to our door, it will probably be the UPS driver or mailman, and chances are they'll be married.
Seriously, why are you waiting to approach this man? While I have no idea if he is interested in you, how can you possibly know unless you make an overture to him, showing your interest? I am not suggesting you flaunt your interest, or be overly aggressive in your approach, but am suggesting you express friendliness to him and see how he responds.
Too often we are tentative in our communication with others. We think they can read our minds, when that is not the case. For all we know, he is doing the same awkward dance, wondering how to approach you.
There is another danger. If we live in our fantasies, we live in a distorted world. We can either build things up inappropriately, or distort the situation in a negative direction. While you have this man built up to be "all that, and more," you may be disappointed when you learn more about him. He may also be all that and a bag of Snickers too. Take a chance and strike up a conversation with him, and let us know how it turns out.
Dear Dr. David:
I am an older woman who has suffered from chronic depression. Depression runs in my family and we take medications for it, which helps. Often my pastor will say that medication is dangerous and we should be depending on God, not pills. I agree with him, but if I stop taking them I will be right back to being depressed all the time. What should I do as a Christian? ~ Confused
Dear Confused:
There are, sadly, many Christians who are confused on this matter. We are certainly counseled to "Seek first his kingdom and his righteousness, and all these things will be given to you as well." (Matthew 6: 33) However, I see nothing in scripture that indicates we should not use other methods of professional assistance, used wisely.
There are many studies that clearly indicate there are biochemical elements to depression, and antidepressants are effective in restoring proper brain chemistry. Those that have biochemical aspects to their depression are well-advised to consult their physician who is authorized to prescribe such medications. Studies strongly indicate that a combination of antidepressants and counseling is effective in alleviating much depression.
Does this mean we should not also seek God's help with our problems? Absolutely not. The Psalmist, David, relied heavily on the Lord during his many difficulties. Medications should not be our only means of alleviating physiological and emotional distress. We must also be responsible in exploring solutions found in a proper diet, exercise, a healthy sleep regimen, support groups and counseling, as well as feeding on the Word of God as a source of nutrition for our souls.
Do you need sound, Biblically-based advice on an issue in your marriage or family? Dr. David will address two questions from Crosswalk readers in his weekly column. Submit your question to him at firstname.lastname@example.com
David Hawkins, Pd.D., has worked with couples and families to improve the quality of their lives by resolving personal issues for the last 30 years. He is the author of over 18 books, including Love Lost: Living Beyond a Broken Marriage, Saying It So He'll Listen, and When Pleasing Others Is Hurting You. His newest book is titled When the Man in Your Life Can't Commit. Dr. Hawkins grew up in the beautiful Pacific Northwest and lives with his wife on the South Puget Sound where he enjoys sailing, biking, and skiing. He has active practices in two Washington cities.


text:
Mr. Chatterbox
The times certainly are changing, and these days it's fashionable to save money and espouse homespun values. Over here at Sarasota Magazine this is causing panic, as so many of our readers were wealthy hedonists, and we were their enablers.
Well, no longer. We have a new mission—to lead our demographic toward redemption. From now on we will give you depth, truth and integrity.
And we might as well start with weekend getaways.
No more wild nights in Key West. No more high-end shopping in Miami. You must now learn to appreciate beauty, and it has to be free. If there's history involved, even better. And no more luxury hotels or trendy eating spots. From now on it's fish camps and barbeque.
Fortunately, I know just the perfect place for this sort of thing; and it has become, over 25 years of living in Florida, my favorite part of the state. I'm not even sure it has a name. It's that area of hills and little towns just west and south of Gainesville, heading down toward Ocala.
This is Americana at its most picturesque. It resembles New England or Northern California. The landscape is green hills dotted with horses, next to deep dark woods. The most common building is a tiny country church. Many of the towns are so small they have no commercial activity, just a one-room post office. And everywhere are lakes and ponds, so hidden by the woods that you never even know they're there.
How pretty is it? I know this sounds unlikely, but this area inspired one of the great masterpieces of English literature—Kubla Khan by Samuel Taylor Coleridge. It's the poem that begins, "In Xanadu did Kubla Khan a stately pleasure dome decree."
This strange turn of events came about when Coleridge read a famous best seller of the 1700s by American naturalist William Bartram, who explored this area and wrote about it in such baroque and dramatic terms that Coleridge read it, smoked a little opium (for his nerves, he told people) and voilà—the Romantic Movement was born.
That's a lot of weight to load onto a 40-square mile area of Central Florida, but the place has always been considered special. The Native Americans regarded it as a spiritual center, and today, even though its soul remains rural Southern, there is a counterculture vibe fed by the faculty from the University of Florida in Gainesville, plus artists (the living is cheap) and, increasingly, retired writers and intellectuals.
The area's capital is Micanopy, population 600, which is famous for being the most picture-postcard-perfect town in the state. It has a one-block main street lined with antique and used-book stores, rickety two-story structures more than 100 years old.
There is the spectacular Greek Revival building (the Herlong Mansion, a bed and breakfast) and a few sandwich shop-type places to eat, and the whole thing is blanketed by oak trees towering six and seven stories, letting the sunlight filter and diffuse so much as it travels through the layers of leaves and Spanish moss that by the time it reaches the ground it has taken on a misty golden glow.
But Micanopy, as wonderful as it is, has been discovered. I prefer some of the other towns, the really tiny ones like Rochelle and Windsor, which have maybe 14 or 15 houses each, or the slightly larger ones, like Orange Lake, Macintosh, and my favorite, Melrose.
Melrose is an example of how the area keeps its charms hidden. As you enter town, it's nothing much—two highways intersect and the atmosphere is a couple of gas stations and food stores, plus an elementary school built decades ago. But do a little exploring and you'll find the old part of town, a collection of shabby Victorian mansions that run down to the banks of Lake Santa Fe.
The roads are dusty—many aren't paved—and the old houses that date back to the last century—excuse me,
the last last century—need a paint job and repairs. One even has a ruined tennis court.
As the sun begins to set you can almost picture Blanche DuBois walking unsteadily down Trout Street, headed for the bar at Blue Water Bay, the town's one really good restaurant.
And there is also a wonderful art center in Melrose—which I must disclose I am on the board of—called Bellamy Road. They have changing exhibits of all sorts of things (last year they even displayed a Winslow Homer) and they also present rather scholarly lectures
and weekend programs on a variety of topics. My favorite was the Beat Generation Weekend, where famed composer David Amram, one of the original Beats, came in to talk and perform. Afterwards there was a wonderful party out back, complete with a bonfire into which old McCain/Palin lawn signs were tossed.
I wish I knew of quaint inns to stay in, but other than the Herlong Mansion you're pretty much on your own. There are plenty of fish camps where they'll rent you a little cabin or a trailer for the night, but something tells me we'd better lead our readers gently into the new poverty, and maybe the fish camps are something we should save for the height of the season.
As far as destination-type sightseeing there is virtually nothing, other than the Marjorie Kinnan Rawlings home in Cross Creek.
Ms. Rawlings wrote The Yearling, the classic about the little boy growing up here back in the early 1900s, and the wild deer he befriends. Her home is now open to the public and worth a visit for showing you the way people used to live back in those days.
There is also a famous old restaurant called The Yearling. It's set out in the country and specializes in things
like fried gator. It's certainly worth a visit, but I much prefer the subtlety of Blue Water Bay, where they tenderize their gator.
So what do you do here? You drive around and take it all in. You head down a country road to see where it goes. You marvel at the brightness of the colors, the green of the pasture, the blue of the sky. You revel in the thrill of going up and down real hills; this is the only place in Florida that has them.
And then, just when you think you've taken it all in, you turn a corner and suddenly you're in a tunnel of towering oaks, dripping with Spanish moss. Giant ferns 20 feet high line the sides of the road and strange vines drop down from the trees and it gets so dark that it's spooky. And you realize—this is it.


text:
Power to the pedal
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Compatible with LOOK KEO cleats, the pedals install like any others and are easy to transfer between bikes.
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- Includes RK100 pedals, cleats and hardware, 55mm Q-factor washers, documentation


text:
|Ancient name
|Latitude: 30° 19' 47" Longitude: 35° 26' 29"
|Coordinates accuracy
|General description
|Petra is located on a plateau crossed by wadis. The urban area grow up along the Wadi Musa and on the rock faces internal to the plateau. The only access point to the ancient city is the Siq, a narrow passageway created by the bed of a wadi.
The city becomes as it currently is since the middle of the I cent. BC. The embankment supporting a colonnaded street is built along the Wadi Musa. The corresponding area is thus intended for public, civil use, no more for private buildings. At the end of the century it is monumentalized through an intensive building programme.
A huge civil and commercial area, including three squares, is set up on the southern bank of the Wadi Musa. The Great Temple is accessed by the "Lower market". It consists of a lower colonnaded courtyard and an upper court housing the temple on high podium, with a stagy effect. At the end of the street, a three-arched gateway leads to the sacred are of Qasr el-Bint.
The city is also provided with a Roman theatre.
Private houses are placed on the slopes of the surrounding hills, mixed with the monumental tombs. They are partly excavated in the rock and partly built of masonry. Often thay have several flores and are decorated with painted stucco.
|V-III cent. BC: Arab population settle down and mingle with local population
312 BC: Antigonus Monophthalmus leads two campaigns against the "Nabataeans"
106 AD: annexation to the Roman province of Arabia
220 AD: Petra obtains the status of "colonia"
VI cent. AD: Petra is metropolis of the Byzantine province Palaestina Salutaris
630 AD: Muslim conquest and gradual abandonment
|Classical sources
|Diod. Sic. XIX, 94-100: Nabateans are devoted to pastoralism and trade; they live in the desert since they store water underground, they breed sheeps and camels, and trade frankincense and spices from Arabia Felix.
Strab. XVI, 4, 21: Petra is located in a smooth and pleasant location, but fortified by rocks all around; it is steep outside, but rich in springs and water for domestic use and watering the gardens; it is ruled by a king living lavishly and houses, built in stone, are extremely luxurious.
|1812: Johann Ludwig Burckhardt identifies the site of Petra (Travels in Syria and the Holy Land, London, 1822)
|1818: Charles Leonard Irby and James Mangles (Irby C. L., and Mangles J., Travels in Egypt and Nubia, Syria and the Holy Land, London, 1823; Irby C. L., and Mangles J., Account of the Necropolis of Petra, a city in Palestine excavated from the solid rock, Edinburgh, 1828)
1826: Léon de Laborde (Voyage de l'Arabie Pétrée, 1830)
1836: rev. Edward Robinson (Biblical Researches in Palestine and adjacent Regions. A Journal of Travels in the Years 1838 and 1852, London 1856)
1836: David Roberts (The Holy Land, Syria, Idumea, Arabia, Egypt, & Nubia, London, 1855-1856)
|Archaeological missions
|1865: Plestine Exploration Fund
1870: American Palestine Exploration Society
1898: Aloīs Musil, Rudolf-Ernest Brünnow, Alfred von Domaszewski make the inventory of the rock façades (Die Provincia Arabia, voll. 3, Strassburg 1904-09); Gustaf Dalman studies the worship buildings (Petra und seine Felsheiligtümer, Leipzig, 1908)
1916-1917: Theodor Wiegand, Walter Bachmann and Karl Watzinger draft the first plan of the city and study the civil building (Petra. Wissenschaftliche Veröffentlichungen des Deutsch-Türkischen Denkmalschutz-Kommandos, Berlin/Lepizig, 1921)
1929: George Horsfield and Agnes Conway lead the first excavation campaign (Historical and Topographical Notes on Edom: with an account of the first excavations at Petra, The Geographical Journal 76, pp. 369–390, 1930)
1954: excavation of the Department of Antiquities of Jordan at the Qasr al-Bint and along the colonnaded street (Peter J. Parr and Diana Kirkbride)
1961- : excavation by Philip G. Hammond at the theater, the Qasr al-Bint and the Temple of the Winged Lions
1978: Petra Tourism Development Project
2009: Brown University Petra Archaeological Project [http://proteus.brown.edu/bupap/Home]
|The temple is accesible through a colonnaded, uphill via sacra. It was entered through two narrow ways. The pronaos led to the squared cell. This was provided with platform for the cult idol and paved with marble. The internal walls also were covered by marble and stucco. They were decorated with half-columns, corresponding to those arranged along two rows in the cell. The platform had half-columns on three sides and free-standing columns on the fourth side. Their capitals were provided with the crouched lions that gave the name to the temple. Several rooms were placed nearby, including accommodation for the priests, workshops for the needs of the temple. The temple was probably built in the second quarter of the I cent. AD and was destroyed by fire in 110-114 AD. It was devoted to the divinity al-ʻUzza, but Allat and Atargatis have been also considered.
|The temple is placed in a huge paved area, west of the colonnaded street. It is provided with: a high podium, accessible through a flight of stairs; a pronaos with four columns between the antae, closed to unauthorized persons; a wide cell; an adyton with a platform for the cult idol; two rooms at the sides of the adyton for the sacred symposium. The temple had a glabe roof. The architectural decoration of the temple included a doric frieze with triglyphs and metopes, the last ones with alternating busts of divinities and rosettes. The internal and external walls were entirely covered with stucco. The rear wall had a decoration in the form of a temple façade, provided with cupids holding garlands in the frieze. The paved area, surrounded by a temenos, included also a large altar and three platform for sacred ceremonies and ex-voto displaying. The temple was probably devoted to the cult of Dushara and ʻal-Uzza-Aphrodite. I was built under the rule of Oboda II (28-9 BC) and was abandoned in the VI cent. AD.
|The Deir is placed at the top pf the Gebel ed-Deir. It is accessed through a stepped, sacred path carved into the rock. The façade is divided into two levels: the lower level includes six half-columns with pseudo-Ionic capitals, two lateral niches for statues and the central openings, with semi-circular and triangular tympanum respectively. The upper level is made by projecting and receding parts: a central tholos with conical roof, two aediculae with half pediments and the antae. A Doric frieze with rounds decorates the entablature of the upper level. The interior chamber includes: two lateral benches along the walls; a niches with a raised podium intended for a betyl into the back wall. Therefore the Deir is considered a worship building, probably entitled to the deified king Obodas I. It is also known as "Monastery" since it was used as Christian chapel in the Byzantine period.
|Nehmé and Villeneuve 1999
|Nehmé, Laïla and Villeneuve, François 1999. Pétra. Métropole de l'Arabie antique. Paris: Seuil.
|Amadasi Guzzo and Equini Schneider 1997
|Amadasi Guzzo, Maria Giulia and Equini Schneider, Eugenia 1997. Petra. Milano: Electa.
|McKenzie 1990
|McKenzie, Judith 1990. The architecture of Petra. (British Academy monographs in archaeology, 1). Oxford: Oxford University Press.


text:
136 P.3d 457
No. 91,929.Supreme Court of Kansas.
Opinion filed June 16, 2006.
SYLLABUS BY THE COURT1. APPEAL AND ERROR — Right to Appeal — Right Is Statutory Not Constitutional. The right to appeal is purely statutory. If the record indicates that jurisdiction does not exist, an appeal must be dismissed.
2. SAME — Acquiescence in Judgment — Right of Appellate Review Cut Off by Acquiescence — Appellate Review. Acquiescence to a judgment, which cuts off the right of appellate review, occurs when a party voluntarily complies with the judgment by assuming the burdens or accepting the benefits of the judgment contested on appeal. A party that voluntarily complies with a judgment should not be allowed to pursue an inconsistent position by appealing from that judgment. Because acquiescence involves a question of the appellate court's jurisdiction, the matter raises a question of law subject to unlimited review.
3. SAME — Acquiescence in Judgment — Right of Appellate Review Not Cut Off by Acquiescence if Falls within Protective Measure Exception. If voluntary acquiescence in a judgment falls within the protective measure exception, an appeal is not barred. A protective measure is taken in defense of and to protect a parry's rights while an appeal is pending.
4. STATUTES — Construction — Construed to Avoid Unreasonable Results — Legislative Intent — Conflict Between General and Specific Statutes.
Statutes should be construed to avoid unreasonable results. When a statute is plain and unambiguous, the court must give effect to the intent of the legislature as expressed through the language of the statutory scheme it enacted. General and special statutes should be read together and harmonized whenever possible. To the extent a conflict exists, the special statute will prevail unless it appears that the legislature intended to make the general statute controlling.
5. SAME — Construction — No Conflict Between Notice Statutes under Facts of Case. There is no conflict between K.S.A. 60-2410(a), which requires public notice before a sale of real property under writ of execution, and K.S.A. 60-205, which requires actual notice to parties in civil actions. On the facts of this case, each statute applied.
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6. CONSTITUTIONAL LAW — Due Process Minimum Requirements — Sufficiency of Notice of Action — Publication Notice Insufficient under Facts of Case. To satisfy due process, notice must be reasonably calculated, under all of the circumstances, to apprise interested parties of the pendency of the action and to afford them an opportunity to present their objections. Without such notice, due process is denied and any resulting judgment rendered is void. On the facts of this case, the use of only publication notice for a sheriff's sale denied due process to a junior mortgage holder who was a party in a senior mortgage holder's foreclosure.
7. MORTGAGES — Foreclosure Action — -Right to Confirmation of Foreclosure. There is no absolute right to have a sheriff's sale confirmed, even if an adequate purchase price is obtained, if the sale is infected with a substantive or procedural irregularity. A violation of statutory notice and constitutional due process qualifies as such an irregularity, and the sale must be set aside and the error corrected.
Review of the Court of Appeals in 33 Kan. App. 2d 442, 104 P.3d 405
(2005). Appeal from Geary district court; STEVEN L. HORNBAKER, judge. Judgment of the Court of Appeals reversing district court and remanding with directions is affirmed in part and reversed in part. Judgment of the district court is affirmed in part, reversed in part, and remanded. Opinion filed June 16, 2006.
S. Mark Edwards, of Hoover, Schermerhorn, Edwards, Pinaire Rombold, of Junction City, argued the cause and was on the briefs for appellants.
Mark L. Mellor, of Mellor Miller, P.A., of Wichita, argued the cause and was on the briefs for appellee Beneficial Mortgage Company of Kansas, Inc.
Linda S. Mock, of Shapiro and Reed, of Overland Park, was on the brief for appellee Alliance Mortgage Company.
The opinion of the court was delivered by
This appeal presents issues of first impression regarding the notice of sheriff's sale due a junior mortgage holder who has been made a party in a senior mortgage holder's foreclosure proceeding.
Alliance Mortgage Company (Alliance) sued to foreclose its first mortgage on real property in Junction City when debtor Hannelore Leighty defaulted. Beneficial Mortgage of Kansas, Inc. (Beneficial), was a second mortgagee and was named as a party defendant. Beneficial entered its appearance after proper service of summons, answered, and claimed an interest in the subject property. It asked the trial court to determine that it held a valid mortgage on the
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property, to determine the priority of the claims on the property, and to grant "such other and further relief as the Court deems just and equitable." It did not attempt to foreclose its mortgage or seek to reduce its interest to judgment, and it did not set out the amount it was due.
The district court entered a decree of foreclosure, finding Alliance held a first and prior lien upon the property. The court entered judgment in favor of Alliance and against Leighty for $31,375.17, plus interest and listed expenses. The court stated Beneficial held a valid junior lien on the property. It also stated defendants would be barred from claiming any interest or lien in or to the property "subject only to the right of redemption from the Sheriff's Sale within three months from the date thereof." The trial court issued an order of sale to the Geary County Sheriff when the judgment was not paid within 10 days.
The sale was scheduled for December 12, 2002. Beneficial knew of the sale date, although neither it nor its counsel was served notice pursuant to K.S.A. 60-205 and no notice was published pursuant to K.S.A. 60-2410(a). It authorized its attorney, David Troup, to bid $117,500 at the sale. The December 12 sale was cancelled when Leighty filed for bankruptcy.
In July 2003, the bankruptcy court granted Alliance an order lifting its stay, and the sale was rescheduled for July 31, 2003. Notice of the sale was published in the Junction City Daily Union pursuant to K.S.A. 60-2410(a). Again, however, no notice was served on Beneficial or its counsel pursuant to K.S.A. 60-205. This time, Beneficial also did not receive informal notice. Alliance's attorney later stated that her secretary forgot to notify Beneficial informally of the new sale date.
Appellants Everett W. Cox, Jr., and Tanya E. Cox were the successful bidders at the sale. They paid $85,001 to the sheriff's office on the same day. The sheriff's return indicates that $43,290.73 of this amount went toward Alliances judgment, interest, insurance, and other expenses, resulting in excess proceeds of $41,710.27.
Beneficial quickly filed a motion asking the court to set aside the sale or, in the alternative, to allow a substitute bid. In its motion, Beneficial asserted that it did not learn about the rescheduled sale
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until after it had occurred. Beneficial also claimed that, had Alliance notified it, it would have bid $117,500 on the property. Beneficial attached a copy of a letter addressed to Troup that directed Troup to bid $117,500 at the sale that had been scheduled for December 2002.
Beneficial served all parties, including the Coxes, with its motion. The law firm representing Alliance had notified the Coxes the day of the sale that there was a problem.
Beneficial's motion was initially set for hearing in September 2003, but the hearing was continued to November 7. The record on appeal reflects no objection to the continuance by Beneficial.
In a memorandum opinion on December 17, 2003, the district court denied the motion. The district court found Beneficial's lien had been adjudicated but ruled Beneficial was not entitled to equitable protection because it had failed to provide evidence of the lien's amount, pursue a judgment, or otherwise protect its interest. The court also ruled that a junior lienholder was not entitled to actual notice of a sheriff's sale under K.S.A. 60-2410(a) and specifically held that the sheriff's sale had been conducted according to law in all respects.
Beneficial requested a rehearing, which was held on January 15, 2004. Alliance's attorney argued that it was regular practice in foreclosures to notify interested parties of sheriff's sales informally rather than by service under K.S.A. 60-205. Beneficial's attorney agreed that this had been common practice. The court noted that both attorneys treated the law "rather cavalierly" in never serving by mail and filing proof of service on the one hand yet demanding on the other that actual notice was required once the practice of informal notice failed because of a mistake.
In January 2004, the district court vacated its previous memorandum opinion. It held that Beneficial was denied due process when it was not given actual notice enabling it to bid at the sale. It also held that Beneficial was a creditor entitled to redeem and that it should have an additional 10 days to do so. Although this was characterized as an "extension" of Beneficial's redemption right, the parties appear to agree that this remedy actually effected a resuscitation of any redemption right Beneficial may have held.
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On January 22, 2004, Beneficial paid $117,500 into the court, and the court ordered disbursal of $88,686.50 to the Coxes, which the Coxes accepted. Beneficial then filed a motion to confirm the redemption, and the Coxes filed a motion in response, seeking to reopen the notice issue. The district court granted Beneficial's motion and denied the Coxes' motion from the bench.
The Coxes appealed to the Court of Appeals, arguing that: (1) The district court erred in extending Beneficial's redemption period beyond the 3 months allowed under K.S.A. 60-2414(m) after it found that the sale was otherwise in conformity with the law and that Beneficial elected not to protect its interests; and (2) because Beneficial was entitled only to publication notice of the sheriff's sale under K.S.A. 60-2410(a), its due process rights were not violated.
Two members of the Court of Appeals' panel, Judges Henry Green and G. Joseph Pierron, agreed that the district court had abused its discretion in allowing Beneficial to redeem out of time. Alliance Mortgage Co. v. Pastine, 33 Kan. App. 2d 442, 104 P.3d 405 (2005). They reversed and remanded the case with an order to confirm the sale at which the Coxes were the high bidders, provided the Coxes paid the original foreclosure sale price of $85,001 within 30 days of the issuance of the Court of Appeals' mandate. The majority further held that the sale to the Coxes was reasonable under K.S.A. 60-2415(a) and that K.S.A. 60-2410(a) was a more specific service statute and controlled over K.S.A. 60-205. Beneficial was therefore entitled only to notice by publication of the sheriff's sale Alliance, 33 Kan. App. 2d at 451.
Judge Lee Johnson dissented, arguing that Beneficial was "entitled to receive notice of impending action as a participating litigant, not because of its status as a junior lienholder." Alliance, 33 Kan. App. 2d at 458. He argued that K.S.A. 60-2410(a) "is not a substitute for compliance with the K.S.A. 2003 Supp. 60-205 requirement to notify other parties of actions being taken in the case." Alliance, 33 Kan. App. 2d at 458. He also argued that the plain language of K.S.A. 60-2414 entitled any creditor to redeem if its claim "is or becomes a lien prior to the expiration of the time allowed by law for the redemption by creditors." K.S.A. 60-2414(c).
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He argued that Beneficial was such a creditor and that the statute gave it standing to redeem. Alliance, 33 Kan. App. 2d at 459.
On appeal, Beneficial challenges jurisdiction. It argues that the Court of Appeals lacked jurisdiction to hear the Coxes' appeal because the Coxes' acceptance and use of the redemption funds Beneficial paid to the district court constituted acquiescence in the district court's judgment.
The right to appeal is purely statutory. If the record indicates that jurisdiction does not exist, an appeal must be dismissed. See Nguyen v. IBP, Inc., 266 Kan. 580, 588, 972 P.2d 747 (1999).
Acquiescence to a judgment cutting off the right of appellate review occurs when a party voluntarily complies with a judgment by assuming the burdens or accepting the benefits of the judgment contested on appeal Varner v. Gulf Ins. Co., 254 Kan. 492, 494-95, 866 P.2d 1044 (1994). A party that voluntarily complies with a judgment should not be allowed to pursue an inconsistent position by appealing from that judgment. Varner, 254 Kan. at 495. Because acquiescence involves jurisdiction, the matter raises a question of law subject to unlimited review by this court. Se Cypress Media, Inc. v. City of Overland Park, 268 Kan. 407, 414, 997 P.2d 681 (2000).
Although the Coxes accepted the benefits of the district court's ruling, our analysis does not stop here. We have held that an appeal otherwise barred by an appellant's acquiescence in the judgment may be permissible in certain circumstances. The Court of Appeals found such circumstances existed here, determining that the Coxes' acceptance of the redemption funds was a protective measure under Bank IV Wichita v. Plein, 250 Kan. 701, 709, 830 P.2d 29 (1992). A Plein protective measure is taken in defense of and to protect a party's rights while an appeal is pending. 250 Kan. at 709.
We agree with the Court of Appeals that application of the protective measure exception is appropriate on this particular set of facts. Had the Coxes refused to accept the funds, they would have had to pay unnecessary interest on the loan they took to finance
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their purchase of the property. This hardship put the Coxes' action well within the protective measure exception, and their acquiescence does not bar their appeal of the district court's judgment.
Sufficiency of Notice to Junior Lienholder
The Court of Appeals' majority applied K.S.A. 60-2410(a) to hold that notice by publication to a junior lienholder was all that due process required. Beneficial argues that this holding constitutes a judicial repeal of K.S.A. 60-205, which requires actual written notice to parties of every action in a civil legal proceeding. Beneficial further argues that this holding violates due process as guaranteed by both the Kansas and the United States Constitutions. These are issues of first impression before this court.
Interpretation of statutes and the question of whether due process was provided under specific circumstances raise issues of law, and an appellate court's review is unlimited. Williamson v. City of Hays, 275 Kan. 300, 305, 64 P.3d 364 (2003); Murphy v. Nelson, 260 Kan. 589, 594, 921 P.2d 1225 (1996).
K.S.A. 60-205 outlines the general rules for service of pleadings in a civil action. K.S.A. 60-205 service "shall constitute sufficient service and filing in all civil actions and special proceedings," but the provisions of the section "shall be alternative to, and not in restriction of, different methods specifically provided by law." K.S.A. 60-205. It requires service upon each of the parties of:
"[E]very order required by its terms to be served; every pleading subsequent to the original petition, unless the court otherwise orders because of numerous defendants; every paper relating to disclosure of expert testimony or discovery required to be served upon a party, unless the court otherwise orders; every written motion other than one which may be heard ex parte; and every written notice, appearance, demand, offer of judgment, designation of record on appeal and similar paper."
K.S.A. 60-205(b) specifies how service "required or permitted" under this section shall be made. Service upon a party represented by an attorney "shall be made upon the attorney" unless otherwise ordered by the court. K.S.A. 60-205(b) further specifies that service upon the attorney or upon a party shall be made: (1) by hand
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delivery; (2) by mail; (3) if no address is known, by leaving it with the clerk of the court; or (4) by fax.
The purpose of the requirements in K.S.A. 60-205 is to fairly apprise the parties in a civil action of judicial action affecting their interests. Under constitutional guaranties of due process, any judicial process can be made effective only on sufficient notice to parties concerned. See U.S. Const. Amend. 14; Kan. Const. Bill of Rights, § 18 State Bank of Dodge City v. McKibben, 146 Kan. 341, 345, 70 P.2d 1
In contrast, K.S.A. 60-2410 governs the sale of real property under execution. Section (a) sets out the notice required for such sale:
"Lands and tenements taken on execution shall not be sold until the officer gives public notice of the time and place of sale once each week for three consecutive weeks prior to the day of sale, by publication in the county in which the judgment was rendered and in the county in which the land and tenements are located. Each such publication shall be in a newspaper which meets the requirements of K.S.A. 64-101 and amendments thereto and which is designated by the party ordering the sale. The last such publication shall not less than seven days nor more than 14 days prior to the day of sale." K.S.A. 60-2410(a).
Alliance complied with this statute; it did not comply with K.S.A. 60-205.
In its decision, the Court of Appeals' majority relied on the specific statement in K.S.A. 60-205 that it "shall be [an] alternative to, and not in restriction of, different methods specifically provided by law." It saw K.S.A. 60-2410(a) as one of the more specific "different methods" referenced and thus held that it governed. The majority also appeared to take the position that all the notice due Beneficial as a party to the foreclosure was service of the initial petition and summons. In the majority's view, when Beneficial was apprised of the foreclosure action and failed to cross-petition to "adjudicate" its interest, the journal entry of October 11, 2001, concluded its participation as a party to the proceedings. From that point forward, Beneficial was a mere creditor that "should have been diligent in watching the publication notices and determining the date of the sheriff's sale." Alliance, 33 Kan. App. 2d at 451-52. "There is no requirement . . . that creditors be personally served with
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notice of the sale." Alliance, 33 Kan. App. 2d at 451. Beneficial had no "right of notice superior to the right of notice enjoyed by private citizens." Alliance, 33 Kan. App. 2d at 456.
Judge Johnson's dissent hinged on Beneficial's status "as a participating litigant [in the foreclosure action] not . . . as a junior lienholder." 33 Kan. App. 2d at 458. The obvious purpose of K.S.A. 60-2410(a) prohibiting a sale "`until the officer gives public notice of the time and place,'" is "to get the word out . . . to facilitate a meaningful sale," and the provision "is not a substitute for compliance with the K.S.A. 2003 Supp. 60-205 requirement to notify other parties of actions being taken in the case." 33 Kan. App. 2d at 458.
We agree with Beneficial and Judge Johnson that the specific provision in K.S.A. 60-2410(a) for notice of sheriff's sales to members of the public cannot be read to limit the notice that must be given a party in a civil proceeding. The contrary result reached by the Court of Appeals' majority's reading of the statutes is unreasonable, and statutes should be interpreted and construed to avoid unreasonable results. See In re M.R., 272 Kan. 1335, 1342, 38 P.3d 694 (2002). Furthermore, when a statute is plain and unambiguous, the court must give effect to the legislature's intent as it is expressed. Williamson v. City of Hays, 275 Kan. 300, 305, 64 P.3d 364 (2003). General and special statutes should be read together and harmonized whenever possible. To the extent a conflict exists, the special statute will prevail unless it appears that the legislature intended to make the general statute controlling. In re Estate of Antonopoulos, 268 Kan. 178, 189, 993 P.2d 637 (1999).
In our view, the plain language of K.S.A. 60-2410(a) requires a public notice before the sale of real property under a writ of execution; it is specific to the public. The plain language of K.S.A. 60-205 requires actual notice to parties in civil actions; it is specific to parties; under it notice by publication is inadequate. There was no conflict between these two statutes in this case. Each applied. The public was due notice under K.S.A. 60-2410(a), and Beneficial was due notice under K.S.A. 60-205, because it had appeared as a party defendant in the foreclosure proceedings.
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This outcome on the statutory interpretation issue also is consistent with the requirements of due process. The basic elements of procedural due process are notice and an opportunity to be heard at a meaningful time and in a meaningful manner. See Board of Reno County Comm'rs v. Akins, 271 Kan. 192, 196, 21 P.3d 535 (2001).
Under Mullane v. Central Hanover Tr. Co., 339 U.S. 306, 314, 94 L. Ed. 865, 70 S. Ct. 652 (1950), an "elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections." Without notice under K.S.A. 60-205, Beneficial did not get the benefit of notice "reasonably calculated" to apprise it of the sheriff's sale. Without such notice, due process was denied and any resulting judgment rendered is void. See Board of Reno County Comm'rs v. Akins, 271 Kan. 192, 196-98, 21 P.3d 535 (2001) (publication notice of tax foreclosure sale of farm insufficient to satisfy due process requirements; effort to locate landowner prior to sale should be proportional to use and value of the property); Nguyen v. IBP, Inc., 266 Kan. 580, 588, 972 P.2d 747 (1999) (workers compensation award misaddressed; claimant fails to receive the award prior to the running of the time limitation for appeal; court held insufficient notice, allowed late appeal); Joe Self Chevrolet, Inc. v. Board of Sedgwick County Comm'rs, 247 Kan. 625, 630-32, 802 P.2d 1231 (1990) (secured creditor entitled to notice of county's intent to hold tax foreclosure sale of property in which it had interest); Board of County Commissioners v. Alldritt, 217 Kan. 331, 334-35, 536 P.2d 1377 (1975) (where delinquent taxpayer is corporation and its address, or that of an officer, partner, or agent is readily ascertainable; notice of proceedings by publication service alone is insufficient); Chapin v. Aylward, 204 Kan. 448, 464 P.2d 177 (1970) (lack of personal notice to property owners of tax foreclosure action whose names and addresses readily ascertainable violated due process; statute of limitations not applicable; sheriff's deed held null and void 3½ years after confirmation of sale); Pierce v. Board of County Commissioners, 200 Kan. 74, 82, 434 P.2d 858
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(1967) (plaintiffs with known address never learned of foreclosure or of delinquent taxes until after the sale of their property; court held notice by publication service alone is insufficient; sale set aside).
We next turn to the appropriateness of resuscitating any redemption right held by Beneficial as a remedy for the statutory notice and due process violation.
Right of Redemption as Remedy
K.S.A. 60-2414 governs the redemption of real property. Beneficial argues that it was a creditor entitled to redeem as defined in K.S.A. 60-2414(c), and that it was not required to attempt foreclosure of its interest or to reduce the interest to judgment in order to preserve that right under K.S.A. 60-2414(b). The Coxes do not discuss K.S.A. 60-2414, arguing only that K.S.A. 60-2415 prevented the district court from allowing a redemption or any other equitable remedy once the sale was confirmed.
The majority of the Court of Appeals' panel held that a junior mortgage holder's failure to foreclose its mortgage in a proceeding initiated by a senior mortgagee extinguishes the junior mortgagee's right to redeem the property. Alliance, 33 Kan. App. 2d at 452-53. Judge Johnson dissented, focusing on the plain language of K.S.A. 60-2414, which entitles any creditor to redeem if its claim "is or becomes a lien prior to the expiration of the time allowed by law for the redemption by creditors." K.S.A. 60-2414(c). In the opinion of Judge Johnson, Beneficial qualified as such a creditor with a valid lien, as recognized by the district court in the foreclosure proceeding. It therefore had standing to redeem under K.S.A. 60-2414(c). Alliance, 33 Kan. App. 2d at 459.
We need not settle this disagreement in this case. Assuming arguendo that Beneficial had a right of redemption, there is no dispute between the parties before us that any such right had expired by the time the district court attempted to "extend" it. We also think it plain that the correct remedy for the denial of Beneficial's statutory and due process notice of the sheriff's sale was not a revived right of redemption but set-aside of the sale, provision of adequate notice, and a new sale with all parties and the public
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free to participate or not participate as they see fit. Contrary to the statement of the Court of Appeals' majority, the Coxes did not have an absolute right to have the sale to them confirmed as long as it was for an adequate purchase price. See K.S.A. 60-2415; Alliance, 33 Kan. App. 2d at 444. Although such sales will not be set aside absent a substantive or procedural irregularity, see K.S.A. 60-2415 an Liberty Savings Loan Ass'n v. Hanson, 145 Kan. 174, 64 P.2d 609
(1937), insufficient notice to Beneficial in violation of statute and due process constituted such an irregularity.
The judgment of the Court of Appeals is affirmed in part and reversed in part. The judgment of the district court is affirmed in part, reversed in part, and the case is remanded to the district court for further proceedings consistent with this opinion.
LOCKETT, J., Retired, assigned.[1]
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