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Creature Features in Review: King Kong (1933)
I am going to assume you've seen this film so spoilers will abound. If you haven't, for the love of God, go. Go now.
Well, now. Here we are again.
Last time, it was Bride of Frankenstein (check out THAT review here). Sure, Thomas, I'll cover Bride', thinking quick watch through of Frankenstein and the sequel, then 1500 words, bish bash bosh, job done. Then that sinking feeling, as I realized how ludicrously good Bride was, how much I'd have to say, would want to say, just how big the world of existing essays, books and criticism must already be.
You might have thought I'd have learned something from that.
Apparently not.
So, King Kong. In my defense, I had seen it before, and more in my defense, it had been well over a decade. So, my memory was simply that it was bloody brilliant, absurdly good for a movie made in 1933, a cracking, action packed monster movie with some bonus pathos and what have you.
And, you know, that wasn't wrong, per se. Watching it again for this, I was forcibly struck by how sophisticated so much of the effects work was. The combination of stop frame and huge model work, for example, is incredibly impressive, as are the moments where the stop frame interacts with filmed actors at certain points (even if with modern eyes it's painfully clear when the actor becomes a stop frame version of themselves, there's still a certain not-quite-sure-how-they-did-that thrill to the transitions). Kong himself is glorious, especially in mid shot, fighting a T-Rex or giant snake. The giant model face isn't quite as expressive or mobile as the stop frame equivalent, but it's for the most part intelligently used for short close ups and is especially brilliant when he has some poor islander or explorer being used as a chew toy.
Similarly, Skull Island is as spectacular as I remembered. Bathed in the ethereal, slightly hazy black and white glow (my DVD copy of the movie was clearly a straight lift from the film stock, preserving even the cue marks signaling the need to swap reels), the island really does feel like a visitation to The Past. The giant wall, the extensive, gorgeous hand painted backgrounds, the cunning use of rear projection to show dinosaurs and explorers on camera together and the mighty, thunderous score, all combine to brilliant effect, creating a viewing experience that is utterly captivating. King Kong is a class act all the way.
Similarly, the acting is superb throughout, with special props going to the indefatigable Fay Wray, who has the absolutely thankless task of screaming in peril from basically the 30-minute mark to the close, with little pause for breath, but who nonetheless brings incredible depth, humanity, and interiority to her character. Her acting in her first big scene, when filmmaker Denham makes his pitch, is especially brilliant, her desperation and hunger warring with common sense and fear, her vulnerability genuinely heartbreaking. It packs an extra wallop when you consider that the Great Depression was both a current and ongoing event at the time the film was made, with many young actresses no doubt facing real world choices every bit as stark as Ann Darrow's dilemma.
That's a layer of sophistication the movie exhibits that had completely passed me by on prior viewings, actually. I'm so used to movie depictions of The Great Depression (The Sting being the example that immediately springs to mind, a movie I love unconditionally) that the contemporaneous nature of the film passed me by. And yet King Kong is, in part, a pretty pointed social commentary on the economics of that time – how people sought to escape from the crushing misery of the day to day by visiting movie theaters and getting blissed out on Hollywood. When you think about the essential amorality of filmmaker Carl Denham in King Kong, and the ultimate fate of the theatregoers eager to see the '8th wonder of the world'… well, let's just say there was a to-me entirely unexpected level of anxiety and self-criticism from Hollywood that was both pointed and kind of thrilling. I mean, I was expecting – eagerly anticipating, even – the fifty-foot gorilla going ape. A movie displaying insecurity about the role of mass entertainment in the midsts of financial upheaval and social misery? That was a welcome and crunchy surprise.
There were other surprises that were less welcome. And here, I am going to wimp out by simply observing the painfully obvious; namely, that a movie that was made in the 1930's and that depicts an island of 'natives' with brown skin contains racial politics that could charitably be described as 'problematic'. I am both acknowledging and skipping that not because I don't think it matters, or doesn't deserve discussion, but because minds far superior to mine have already engaged with the subject with far more knowledge and insight than I could hope to bring, and you should go to Pop Matters and READ their article, and then read Angry Bitch Blog on the subject, and then Inverse's take, and don't forget this bit of commentary. All I will say here is obvious; it's there, and it's ugly. And if you feel a discussion of Kong that doesn't engage with the racial politics of the movie is woefully incomplete, you're right, and I'm sorry, but I also know when a subject is too big for me, both in terms of concepts and word counts.
I think it's worth taking just a quick look at the Kong-as-boy thing, though.
And let's just start by observing that Kong clearly is male. It's not just the name – though there is that – but his performative chest-beating displays are lifted directly from the behavior of the male silverbacks he's modeled on. And let us further observe that this fifty-foot ape is, therefore, genetically speaking, a very close relative indeed.
Again, in full awareness that I'm dislocating my hip in order to sidestep the huuuuuuuge racial implications and encoding of the giant ape falling for a white woman, having previously eaten all the brown women he was offered (because, fucking yuck, let's not), what we have here, therefore, is a love story. A violent, inarticulate, hugely powerful male is drawn to kidnap, then preserve and protect a small, vulnerable beautiful female from a hostile world.
Now, the movie itself draws an explicit parallel here between this situation and the story of Beauty and the Beast – indeed, it makes what looks suspiciously like a post-modern joke to that effect on the boat, with Denham fully saying out loud, apparently to himself 'Say! I'm developing a theme here!'. But the film that I found myself going back to was Bride Of Frankenstein.
Because Kong, like The Monster, is, well, a monster. Powerful. Inarticulate. Angry. Violence-prone. Strong, yet vulnerable. Lonely.
That's the real kicker, for me – the factor that gives both such amazing cinematic power and resonance. The innocence. Kong is innocent. Not good, you understand: he kidnaps women, seems to enjoy a spot of mortal combat rather too much, and certainly chews people to death, even if he doesn't eat them. Like the other Monster, his anger is swift to rise and terrible to behold.
At the same time, he's still innocent. In Kong's case, he's unarguably a product of his environment. In an ecosystem as hostile and violent as Skull Island, only the most ruthless and strong can possibly survive. Kong's aggression and violence may be terrifying, but they are also understandable necessary survival mechanisms. He may have that considerable ape intelligence, but he's still, as we'd understand it, a 'dumb animal'.
Like the monster, we are invited to both fear Kong, but also pity him – perhaps even love him. It's fundamentally Not His Fault, after all – he's taken from a place where he belongs to a world he cannot hope to understand. Again, sidestepping the imagery of the chains (not enough yuck in the world, there), we've got the same notion seen in 'Bride..' of 'civilisation' colliding with a more primal force.
And this is where, I think, things get fundamentally fucked up. Because Kong is a monster. He kills indiscriminately, his obsession with Ann Darrow is the worst kind of stalker/woman as object behavior, and he appears to enjoy destruction and violence for its own sake. These are monstrous behaviors. Add in the whole fifty feet tall thing, and, well…
None of us would remotely dig having Kong in our town, and if he was coming down the street, the vast majority of us wouldn't want the RSPCA (or ASPCA for my transatlantic friends). No, we'd want the army and a fucking bazooka.
But he's not on our street. He's on the screen. And there, knowing what we know about his history, safe in the knowledge that we're not going to become Kong popcorn, we can feel for him. We can empathize with his pain. We can rationalize his obsession, forgive his violence. He's a dumb animal. He doesn't know any better. He's been hurt and he's lashing out. It's the only behavior he understands.
And when the planes finally take him down, some of us may even weep.
I usually do.
And, you know, that's okay, because he is an animal. If we take the fiction seriously, it's not surprising to feel that way. But it is, also, undeniably unsettling. Kong's behavior, his effect, is terrible, terrifying, horrendous. Yet he is innocent. As with that other monster, it's the tension between those two facts that elicits such strong emotions, such powerful pathos.
Still, I can't help feel like there's a parable here, albeit not the one intended by the filmmakers. Because looked at as a list of traits, Kong is pretty much textbook toxic masculinity (yes, I know he's an ape). And you can feel the racist barely-subtext tugging again if you note that the message seems to be that these traits are innate, a product of environment, and that 'civilisation' is ultimately to blame for transforming the environment to such an extent that these natural instincts no longer have relevance, have become destructive.
And, you know, fuck that, basically.
I think by far the more interesting read is to note that, yes, Kong has these horrible traits, but we as an audience can see them and still empathize with him, still feel sadness at his treatment and his passing. In the same way as we do for the Universal Monster, and interestingly, in a way that far fewer of us can for the real life, human monsters that share these traits.
Because, of course, Kong is innocent.
That's the aspect of the movie that still gnaws away at my mind, the dichotomy that elevates this from merely brilliant period popcorn to something… ah, hell, we've come this far. Let us just call it art, shall we?
Kit Power lives in the UK and writes fiction that lurks at the boundaries of the horror, fantasy, and thriller genres, trying to bum a smoke or hitch a ride from the unwary. In his secret alter ego of Kit Gonzo, he also performs as front man (and occasionally blogs) for death cult and popular beat combo The Disciples Of Gonzo. He is the published author of such works as, GodBomb!, Lifeline, and has contributed to numerous anthologies, including The Black Room Manuscripts, Widowmakers, and upcoming Easter Eggs and Bunny Boilers.
Pick up YOUR copy of GodBomb! for $3.99 on Amazon!!!
This entry was posted on May 4, 2017 by Thomas S Flowers. It was filed under History, Horror, Movies, Reviews and was tagged with 1933, black and white, Bruce Cabot, classic monster movies, Classics, Creature Feature, creature features, Creature Features in Review, Ernest B. Schoedsack, Fay Wray, film, Frank Reicher, Gonzo, greatest movies, Guest author, Horror, horror reviews, King Kong, Kit Power, Merian C. Cooper, monster movies, monsters, movie reviews, Reviews, Robert Armstrong, social commentary, Top Ten.
4 responses
Reblogged this on kitpowerwriter.
May 4, 2017 at 3:31 pm
Hey Kit! I like revisiting old films like this and observing bygone technology. Sometimes it remains impressive just like the 33 version of Kong. Good review.
May 5, 2017 at 1:24 am
Thank you! Yeah, I had a similar experience re-watching Bride of Frankenstein for another series on this site. It still feels great now, and when I put yourself in mind of what was available technologically at the time, I'm just lost in admiration. Can't wait to watch this one with my kid, when she's a little older.
May 5, 2017 at 10:23 am
She will probably love it!
May 5, 2017 at 4:17 pm
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Everything You Ever Wanted To Know About Buttercream
Decorating By Jackie Updated 26 May 2016 , 8:00pm by gfbaby
All right, this is a call to those cakecentral addicts out there who either have burning questions, or tons of tips about buttercream.
I am putting together an article, the title will be
"Everything you ever wanted to know about buttercream"
I want to compile a list of tips, recipes pros/cons, and most frequently asked questions when it comes to buttercream.
Obviously this article could easily grow to over a mile long, so for now I just want to include the most popular info, then as it grows we can break it off into several different articles.
This will be a "living" article, in that I will add new important tips or answers to questions in it as they come in.
Just post a thread with photos, comments or questions that you think are important and that you think should be inlcuded. Whether you agree or disagree, you are a pro, or just getting your feet wet!
Each tidbit of info that gets used in the article will be credited to the user(s) that submitted it.
Good topic. My tip is to add your thinning liquid to your buttercream icing a little at a time until you get the consistency you are looking for. Just because a recipe calls for a certain amount of liquid you may need less or more.
Mine would be that a stiff putty/spackle knife (3"-4") is much easier to use for smoothing the sides of cakes and to make sure that there's a good, sharp edge on the bottom of the cake where it meets the board. (The rounded tips of the spatulas somehow leave ridges or indents, IME.)
Thanks Jackie...cause for me ,buttercream is a mystery.
I tried to make mine for the first time tonight , and the recipe that i used , well, I thought that the final result needed more liquid. But I don't know when too mutvh is too mutch...
Well , at least ,it was just for pratice... But I will fight and win this !
Good idea. Like, there are those who use milk vs. those who use water...which is the best? Can't wait to read what other's input will be. This will be the "Ultimate Addict" article! :0
Jackie I think this is going to be a great article. I think it should include both a crusting recipe and one that doesn't crust. It will be hard to decide what recipes to include since everyone has their favorites. Maybe just basic recipes with notations on substitutions.
Smoothing/patterning with paper towels should also be included. I count that as one of the most valuable tips I ever picked up on.
It would also be great to have some sort of standard chart for flavor mixing. Like what and how much to add to get certain flavors. I wonder if there is already one out there somewhere on the web. I've never thought to look but I'd love to have a chart like that.
Lisa: I've noticed that a 1/4 tsp of LorAnn oils in a 6 or 7 cup BC recipe is jsut about right (after cutting the butter and vanilla flavorings in half, which should be kept for the depth of flavor, imho).
I don't think there's a flavoring chart anywhere. Are you talking about mixing for recipes, or how much to add to the recipe?
Lisa: I've noticed that a 1/4 tsp of LorAnn oils in a 6 or 7 cup BC recipe is jsut about right (after cutting the butter and vanilla flavorings in half, which should be kept for the depth of flavor, imho).
I don't think there's a flavoring chart anywhere. Are you talking about mixing for recipes, or how much to add to the recipe?
I looked and couldn't find one . Maybe one of my books has one in it. What I was thinking of was a chart that took your standard buttercream recipe and listed lots of variations you could make. Everything from almond to chocolate to citrus, coconut and everything in between. Chocolate/peanut butter is really good and apricot (made with apricot nectar). I thought it might be a useful thing to have an easy-to-read chart to tell you how to get all those great flavors.
The more I think about it though, the more I wonder if it's even possible to create a standard chart for lots of different flavors. The recipes may be too different. I don't know...something to think about.
Hi Lisa! I am not sure if you are looking for a oil flavoring chart, if you were, I came across a web site: http://www.candylandcrafts.com/Oils_Flavorings.htm check out the site and see if that is what you were looking for or had an interest.
Hi Lisa! I am not sure if you are looking for a oil flavoring chart, if you were, I came across a web site: http://www.candylandcrafts.com/Oils_Flavorings.htm check out the site and see if that is what you were looking for or had an interest.
I don't know why I'm always thinking of doing things the hard way. Here I am thinking about flavoring buttercream with cocoa powder, zests, juices, etc. I had no idea that LorAnn made so many flavors. I think this should be mentioned in the article if there is a section on flavoring buttercream. Thanks 2cakes and ilithiya for pointing this out .
hi.has anyone ever tryed using heavy whipping in there buttercream icing.i use about 1/4 cup to my butter and crisco mix then add my powdered sugar.this cuts down on the sweet taste and it forms a good crumb coat .
About flavor combos for buttercreams: Maybe Jackie would be willing to put a sticky in the Recipe Tips forum for that? I have a nice handful that I'd be willing to share.
I think storage of buttercream icing should be included in the article as well. I'm often confused with the storage of buttercream icing when there are so many different recipes out there. Examples are can you store buttercream icing at room temperature in an airtight container if recipe used milk and butter, coffee creamer and butter, etc.
I also agree with Illy on information regarding flavor combos for buttercreams. I would like to know about different flavors to use to make a better buttercream icing.
I think it would be helpful to have tips on how to get buttercream really smooth, not just smoothing on the cake but the frosting itself. You know, like no air bubbles in the frosting.
The best tip I learned about buttercream icing was how to ice and smooth. Using the icing tip to place icing on the cake, then using a long smoothing spatula to even the icing out. After letting it sit for about 10-15 minutes, I then use VIVA paper towels to smooth the icing out. I get great results with this, even if I have to patch and repair when I am setting up a wedding cake. This could be another good section on buttercream.....how to patch and repair. I can't wait to read all the tips!
Could you please explain the VIVA Paper towels?
Could you please explain the VIVA Paper towels?
Here is the link to the article explaining that technique:
Hi Lisa! You are quite welcome, sorry it took me too long getting back to you. If I only can get out of the kitchen, I would probably be able to respond back quickly, lol
This is going to be a great new article!!! One technique I'd like to add is smoothing buttercream with tule! This is the technique I used for my wedding cakes. Just let the icing crust then place a small (maybe 6inx6in) piece of tule on your cake and smooth with a long angled spatula. When the tule gets buttercream crust on it you can wet your tule and shake it really hard to get the excess water off and then start again. Just be sure to NOT let the tule get wrinkled!!!!!!
I too use the Viva paper towel method to smooth my icing. I've tried the spatula dipped in hot water; I've tried spraying the cake with a fine mist of water to smooth, but the only method that I find to be tried and true is the Viva paper towel method. It smoothes the cake so much better to me. You can also use the paper towel method to round your top edges of your cakes some to get more of a contour look to your cakes. To me, it almost has a fondant appearance if smoothed well.
What about them Air bubbles in the BC.. what is the cause of that?
How about 'How long does buttercream last if in the refridgerator"
It seems to stay good in the fridge about 2 weeks, Flayvurdfun. After that it starts to smell a bit off, and by the 4th week or more, it's time to toss it. Just my experience, YMMV!
In my humble opinion:
Buttercream with only Crisco is best for birthday cakes that need a lot of work like characters and stuff.
Also, this type of buttercream is also good for weddings because in case they have to sit out in the heat for a few hours, Crisco stands and holds much better than butter based icings.
Buttercream with part Crisco and part butter is best for cakes that are not intended to be in the heat very long and for more delicate cakes like Mother's day, Father's day, anniversary, etc...
I like Swiss Buttercream and am experimenting with French buttercream because of their silky texture... However, I am still trying to master in making the icing whiter... I will probably buy Wilton's white color to add to the icing to see if it works...
Maybe the article could include a section on what consistance works best for different flowers, borders, writing ect. When I first started decorating cakes, I think I was always using to stiff of icing.
definitive answers to using egg yolks/whites in b'cream (IMBC and SMBC). When you heat yolks in the double boiler, does that make it safe for consumption? What about the length of time you can leave b'cream out for? I think safety issues are very important, as well as coloring hints such as getting red, black, and the other hard-to-tint colors. Thanks.
I couldnt make it w/o my viva paper towels
Has anyone tried the upside down trick in the articles. It is the best ever. I have a hard time spreading butter cream evenly, i hate not having a perfect, smooth cake. This is the best trick ever. Everyone should try it.
I also just learned that you shouldn't use the whisk attachement to whip up the frosting. You use the paddle attachement on a low setting. I was using the whisk attachement on the highest setting thinking that was best. No wonder I had air bubblkes.
Another thing I learned was that Italian Meringue Buttercreams taste a million times better but do not work on a hot day.
This recipe is DIVINE , but won't hold up outside of the fridge What's is the trick??
This will be a great article. Thanks!!
Hi everyone,
what an interesting topic ...buttercream icing.
Cakelady1994 I've tried the heavy whipping cream in my icing and yes it certainly cuts the sweetness factor down considerably.
But I use cream cheese and mix it like i'd do a buttercream recipe as if I were using crisco.
I've done the water method and the heavy cream method in the fats mixture. personally i like the heavy cream for birthday cakes since they're consumed much quicker .. weddiing cakes i do use the water with crisco buttercream method.
It's all fun to me trying new ways of doing icings.
I even tried a bit of lemon juice in a recipe and someone swore it added an extra richness to the flavor of the icing.
I think what we need is a "sturdy" butter that can withstand the mixiing process and heat and not break down as fast since butter has a little more water.
but i guess " less is more".
I can't wait to read what other have to post on this topic.


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- Bible
- "The Catholic Church: Authoritarian, Which Isn't Necessarily a Bad Thing"
(October 2, 2008)
- "Catholics Don't Believe the Bible: Who Knew?"
(September 26, 2008)
- "If Catholics aren't Supposed to Read the Bible, How Come We're Told to Read the Bible?"
(May 31, 2010)
- "The Catholic Church: Authoritarian, Which Isn't Necessarily a Bad Thing"
- Mass
- Colors of vestments
- "Catholic Vestment Colors: Symbols of Our Beliefs"
(July 23, 2010)
- "Colorful Catholics: Vestment Colors For Every Season"
(July 22, 2010)
- "Catholic Vestment Colors: Symbols of Our Beliefs"
- Colors of vestments
- Relics
- "Mother Teresa of Calcutta's Sandals, Relics, and Minnesota" (July 25, 2010)
- Saints
- "Alone in a Church? Yes and No"
(May 14, 2010)
- "Finding the Patron Saint of Just About Anything"
(May 29, 2009)
- "A Patron Saint of - Scientists?!"
(October 25, 2009)
- "Saints, the Catholic Church, and Pedophile Priests"
(March 25, 2010)
- "Saints: That's so Medieval"
(February 14, 2010)
- "Alone in a Church? Yes and No"
- Veneration isn't worship
- footnote 1, "Sacred Relic Stolen: Prayer Requested" (July 12, 2010)
A Catholic Citizen in America's Pages
Catholic Symbols, Customs, Worship and Veneration
The Catholic Church has collected quite a few customs and traditions over the last two millennia. Some of them are literally colorful: others, like the veneration of relics, look weird to folks who haven't grown up in the Church. Here's some of what I've found, about:
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Marian Apparition: Champion, Wisconsin
- • "Worthy of belief" Diocese of Green Bay, Wisconsin
- • "Directory on Popular Piety and the Liturgy. Principles and Guidelines," 15; Congregation for Divine Worship and the Discipline of the Sacraments, Vatican City (December 2001)
- • "Basic
Information on Apparitions, Diocese of Green Bay
- (Archived from (www.gbdioc.org/images/stories/Evangelization_Worship/Shrine/Documents/Basic-Information-on-Apparitions.pdf on December 8, 2010)
- Catechism of the Catholic Church on:
- • "Apparition of Mary, Champion, Wisconsin: A Pilgrimage? Not for Me" (April 10, 2011)
- • "Wisconsin Apparitions Okay: Champion, Wisconsin: Not Necedah" (December 8, 2010)
- • "Wisconsin chapel approved as first US Marian apparition site" Benjamin Mann, CNA (Catholic News Agency) (December 9, 2010)
What's That Doing in a Nice Catholic Blog?
From time to time, a service that I use will display links to - odd - services and retailers.
I block a few of the more obvious dubious advertisers.
For example: psychic anything, numerology, mediums, and related practices are on the no-no list for Catholics. It has to do with the Church's stand on divination. I try to block those ads.
Sometime regrettable advertisements get through, anyway.
Bottom line? What that service displays reflects the local culture's norms, - not Catholic teaching.
I block a few of the more obvious dubious advertisers.
For example: psychic anything, numerology, mediums, and related practices are on the no-no list for Catholics. It has to do with the Church's stand on divination. I try to block those ads.
Sometime regrettable advertisements get through, anyway.
Bottom line? What that service displays reflects the local culture's norms, - not Catholic teaching.


text:
A Facebook Billionaire's Big Dumb Failure
Peter Thiel is finally admitting there's a big blotch on his resumé that needs to be cleaned up. Becoming Facebook's first institutional investor was brilliant; thinking he was smart enough to predict big economic swings was incredibly dumb. Six billion dollars dumb. So Thiel will retreat into tech investing.
Thiel's hedge fund Clarium Capital announced it will put a "significantly higher percentage" of assets into tech companies that have not yet gone public. The move comes after Clarium lost more than 90 percent of $7 billion in assets on macro economic bets including the stock market, currencies and oil prices. Those bets were guided by Thiel, but he wasn't always so contrite about them; in 2009 Clarium managing partner Jack Selby had a screaming fight with Thiel over Clarium's weak performance, with Thiel reportedly insisting he would be vindicated over the long term. (Since then, Selby has busied himself with movie production and a different hedge fund.)
Clarium's new retreat brings it back to an area in which Thiel has already proven himself. In addition to the Facebook investment, he put early money into PayPal (where he eventually became CEO) and hit the jackpot when the company went public. Of course, Thiel already has an investment company to make those sorts of investment, called Founders Fund and started with former Facebook playboy Sean Parker. But with Clarium assets decimated to $462 million as of June, he's got to offer its aggrieved investors something.


text:
Communication is the key
By Helen Hierschbiel
"What weve got here is a failure
to communicate."
[Donn Pearce and Stuart Rosenberg, Cool Hand Luke, 1967 movie.]
As of Aug.1, 2003, the Client Assistance Office (CAO) began initial screening of all inquiries and complaints about members of the Oregon State Bar. According to the CAO 2004 Annual Report to the Oregon Supreme Court, the CAO handled 3,659 inquiries in 2004 (Jan. 1 to Dec. 31). Of the inquiries received during that time, 11.86 percent pertained to neglect of a legal matter, and 9.33 percent concerned communication issues. These two areas were the most common source of complaints received by CAO.
Until Jan. 1, 2005, Oregon had no explicit rule addressing the duty of communication. With the Oregon Supreme Courts adoption of the Oregon Rules of Professional Conduct (Oregon RPC), now we do.
Oregon RPC 1.4 provides:
(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
This rule is the pre-2002 ABA Model Rule 1.4.1 Reasonable or reasonably is defined as "the conduct of a reasonably prudent and competent lawyer." Oregon RPC 1.0(k). While not adopted by the Oregon Supreme Court, the official comment to the pre-2002 version of ABA Model Rule 1.4 provides additional guidance in understanding the duty of communication:
The client should have sufficient information to participate intelligently in decisions concerning the objectives of the representation and the means by which they are to be pursued, to the extent the client is willing and able to do so .Even when a client delegates authority to the lawyer, the client should be kept advised of the status of the matter .The guiding principle is that the lawyer should fulfill reasonable client expectations for information consistent with the duty to act in the clients best interests, and the clients overall requirements as to the character of representation .Where many routine matters are involved, a system of limited or occasional reporting may be arranged with the client.
Although Oregon had no explicit rule regarding communication until Jan. 1, 2005, the Oregon Supreme Court has long acknowledged that lawyers have a duty to communicate with their clients. See e.g., In re Chandler, 306 Or 422, 760 P2d 243 (1988) (failing to communicate with client for three years, closing active file and misplacing thereafter, and failing to respond to requests for the file constitute neglect).
The duty to communicate does not require that lawyers respond to every single phone call from a client. In re Walker, 293 Or 297, 647 P.2d 468 (1982) (lawyer not communicating with client as often as client requested did not violate disciplinary rules where lawyer kept client adequately informed of progress of clients matters; client made numerous phone calls to lawyer, sometimes three times a day, to check status of two cases and lawyer told client he would contact him when he had something to tell him). Similarly, other jurisdictions operating under RPC 1.4 have not interpreted the rule to require an immediate response to every call or request by a client. See e.g., In re Schoenemann, 777 A.2d 259 (D.C. 2001) (failing to return clients telephone calls for three weeks did not violate Rule 1.4 where client admitted she and lawyer spoke monthly and lawyer regularly informed her of his efforts to reopen her civil rights case; lawyer need not communicate as often as client would like; monthly contact not unreasonable given the circumstances).
Although the Oregon Supreme Court has discussed the duty to communicate in the context of patterns of neglect or allegations of misrepresentation, other jurisdictions interpretation and implementation of RPC 1.4 suggest that the guiding principles of communication under RPC 1.4 are similar to those found in Oregon law. For example, the failure to inform a client about important dates or the status of the case will result in discipline. Cf. In re Bourcier, 325 Or 429, 939 P2d 604 (1997) (lawyer neglected clients criminal appeal where lawyer filed the necessary documents with the appellate court, but never communicated with the client regarding the status of the appeal); In re Barnes, 691 NE2d 1225 (Ind. 1998) (bankruptcy lawyer violated Rule 1.4 by failing to notify client of deadline for submitting Chapter 13 plan and of the meeting of creditors, failing to meet the deadlines or appear for the hearing resulting in the case being dismissed, and failing to respond to clients requests for information).
Lying to clients or concealing information about what activity has occurred on their cases will also result in discipline. Cf. In re McKee, 316 Or 114, 849 P2d 509 (1993) (lawyer violated disciplinary rules by failing to disclose to client that litigation had been dismissed, that counterclaims had been filed, that settlement negotiations had occurred and that trial dates were set); In re Hagedorn, 725 NE2d 397 (Ind. 2000) (lawyer violated Rule 1.4 by failing to take steps to complete adoption for client and misleading client about status of proceedings).
Thus, while Oregon RPC 1.4 is new, the underlying precepts are not.
Oregon RPC 1.4 dovetails into Oregon RPC 1.2(a) which, while similar to former DR 7-101(A) and (B), also has no direct counterpart in the prior Oregon Code. Oregon RPC 1.2(a) provides:
Subject to paragraphs (b) and (c), a lawyer shall abide by a clients decisions concerning the objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are to be pursued. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a clients decision whether to settle a matter. In a criminal case, the lawyer shall abide by the clients decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify.
Again, while the rule is new, the concepts are not. Oregon RPC 1.2(a) is a more explicit reminder of what Oregon law has long recognized: that the lawyer-client relationship is a fiduciary relationship based upon the principles of agency law. See e.g., OSB Legal Ethics Op. No. 1991-26 and 1991-33. Thus, while lawyers may exercise professional judgment to make decisions concerning strategy, clients make the ultimate decisions which affect their substantive rights, such as whether and for how much to settle their cases. Further, Oregon RPC 1.2(a) reminds lawyers that communication with clients is the foundation for carrying out their responsibilities under this rule.
I recently attended an OSB CLE seminar entitled How to Keep Clients Happy. Gary Richards, the speaker, said "to meet an expectation, you must set an expectation." It is common sense, practical advice that sounds easier than it may be to implement. Setting expectations starts with not assuming that your client knows what you know, whether it is about the law, your office systems and practices, or that "right away" means in two weeks.
Richards presented many practical suggestions to help lawyers bridge communication gaps with clients. For example, at the outset of representation, give clients a broad outline of the steps involved in their cases, what the clients are expected to do, what the lawyer will do, and a conservative time frame for completion. This information might be covered in a retainer agreement, a letter of engagement or in a simple handout. Always have an express fee agreement, preferably in writing. Provide clients a copy of all correspondence, both incoming and outgoing. Establish a system for returning phone calls, tell clients what that system is and stick to it. Do not set expectations that cannot realistically be met. Finally, rather than assuming clients understand what you are saying because you have waxed eloquent for the last 20 minutes, ask whether they understand, and test that understanding. Remember George Bernard Shaws wise words, "The problem with communication is the illusion it has occurred."
1. In 2002, the ABA amended Rule 1.4 to read:
(a) A lawyer shall:
(1) promptly inform the client of any decision or circumstance with respect to which the clients informed consent, as defined in Rule 1.0(e), is required by these Rules;
(2) reasonably consult with the client about the means by which the clients objectives are to be accomplished;
(3) keep the client reasonably informed about the status of the matter;
(4) promptly comply with reasonable requests for information; and
(5) consult with the client about any relevant limitation on the lawyers conduct when the lawyer knows that the client expects assistance not permitted by the Rules of Professional Conduct or other law.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
© 2005 Helen Hierschbiel
Helen Hierschbiel is assistant general counsel in the OSB Client Assistance Office. She can be reached at (503) 620-0222, or toll-free in Oregon at (800) 452-8260, ext. 361, or by e-mail at email@example.com.


text:
League, round by round
First division
Second division, group A and B
(tables only)
Third division
(tables only)
Fourth division
(tables only)
(round by round)
European cups
National team
Previous season
Next season
Back to
Back to
main football page
© Copyright 2007
Lars Aarhus
and RSSSF Norway
For private, non-commercial use copying this document in whole or part is allowed provided proper acknowledgement is given to RSSSF Norway. For any commercial use on any media copying is
allowed without the prior written permission of RSSSF Norway. 30. mars 2002


text:
CATCH is based on the CDC Whole School, Whole Community, Whole Child model in which health education, school environment, and family/community involvement work together to support youth in a healthy lifestyle.Learn More
The CATCH Global Foundation is a 501(c)3 public charity founded in 2014. Our mission is to improve children's health worldwide by developing, disseminating and sustaining the CATCH platform in collaboration with researchers at UTHealth and The University of Texas MD Anderson Cancer Center. The foundation links underserved schools and communities to the resources necessary to create and sustain healthy change for future generations. The founding partners of the CATCH Global Foundation are MD Anderson Cancer Center, the Michael and Susan Dell Foundation, the RGK Foundation and UTHealth.
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text:
Forest Tattoos by Wee Gallery are great temporary tattoos that'll make memorable favors at any party or for a fun activity during the party. Each pack includes total of 12 tattoos 4 of each animal design owl, fox and deer. Grab'em from here now!
Monday, August 5, 2013
Forest Tattoos by Wee Gallery
Labels: Other Things ·


text:
ScanSource® Security, a value-added distributor of physical security products and a business unit of ScanSource, Inc. (NASDAQ: SCSC), is pleased to announce that it can now provide a comprehensive access control solution to its reseller and dealer partners through products from ASSA ABLOY, Axis Communications, HID Global and Securitron.
By offering these products, resellers are able to deliver a complete open network-based access control solution to their end-user customers. The solution includes Axis Communications' new AXIS A1001 Network Door Controller, ASSA ABLOY's HES electric strikes and other entry hardware, HID Global cards and readers, and Securitron's electromagnetic locks, exit bars and devices.
"The access control market is migrating from analog to network-based products, and, with our experience and leadership in this market, offering a comprehensive access control solution from these manufacturers, coupled with our value-added services and tools, will enable our resellers to deliver high-quality products and support to their end-user customers – all from one source," said Christie Hamberis, vice president of merchandising, ScanSource Security.
"The access control market is stuck in a closed, proprietary, analog world. With the launch of the AXIS A1001, we aim to revolutionize the industry just as we did in video surveillance through open, IP-based technology to enable integrators to build flexible access control solutions for their customers," said Bruce Stewart, business development manager, Access Control, Axis Communications, Inc. "Thanks to open architecture, PoE support and Axis' deep software partnerships, integrators now have 'one controller in the van' to design everything from a single-door solution to an enterprise-sized system that can integrate with other security platforms."
For more information on ScanSource Security's access control solutions, please visit http://www.scansourcesecurity.com/en/products/access-control-and-id/.
About ScanSource, Inc.
ScanSource, Inc. (NASDAQ: SCSC) is the leading international distributor of specialty technology products, focusing on point-of-sale (POS) and barcode, communications and physical security solutions. ScanSource's teams provide value-added services and operate from two technology segments, Worldwide Barcode & Security and Worldwide Communications & Services. ScanSource is committed to helping its reseller customers choose, configure, and deliver the industry's best products across almost every vertical market in North America, Latin America and Europe. Founded in 1992, the Company ranks #711 on the Fortune 1000. For more information, visit www.scansource.com.


text:
Say: skin test
If you think that you might have allergies, a special doctor called an allergist (say: ah-lur-jist) can help figure out what you are allergic to by giving you a skin test. For this test, the doctor will use different liquids, each containing a small amount of stuff that a person can be allergic to, such as pollen or certain foods. The doctor puts a drop of each liquid on your arm or back and then lightly pricks the skin. If you get a red, itchy bump there, you'll know you're allergic!


text:
Concord University is a public university in Athens, West Virginia. It was founded on February 28, 1872, when the West Virginia Legislature passed "an Act to locate a Branch State Normal School, in Concord Church, in the County of Mercer". Founded by veterans of both the Union and the Confederacy, Concord is named for the ideal of "harmony and sweet fellowship".
It is known for its picturesque campus which has been dubbed "The Campus Beautiful" and its scenic location on a knoll overlooking the mountains in the area. The university also operates a center and conducts classes in Beckley, Raleigh County, West Virginia.
Concord College Acts of the Legislature 1872
CHAPTER CXXIV.An Act to locate a Branch State Normal School
in Concord, in the county of Mercer.Passed February 28, 1872.
Be it enacted by the Legislature of West Virginia:
1. That a branch state normal school be established at the town of Concord, in the county of Mercer: Provided, that the building recently erected in said town for a court house and jail, and the land on which the same is situated, together with not less than five acres of land adjacent thereto, shall, for the purposes of said school, be conveyed by the persons, or persons, having title to the same in fee; for the purposes aforesaid: And, provided further, that the said buildings shall be furnished and fitted up for the convenience of such school without charge to the state.
2. Said school shall be under the jurisdiction and control of the regents of the state normal schools, in the same manner and to the same extent, as the other state normal schools.
3. When the board of regents shall ascertain that the conveyance mentioned in the first section of this act, has been duly executed, and shall have sufficient assurance that said buildings will be completed in a reasonable time and sufficient building accommodations shall be furnished, it shall be the duty of said board of regents to proceed to organize said school.
In 1910 the large brick building was destroyed by fire, and the school was taught in the churches, the Masonic Hall, and where ever room could be found, Tho people even offered their homes to bo used by the school. After a long, hard fight by the people of Athens the Legislature appropriated money for a new building, and the citizens of Athens bought twenty-six acres of land from S. T. Vermillion where our beautiful and commodious buildings now stand.
History of Education in West Virginia, by B. S. Morgan and J. F. Cork. Charleston: Moses W. Donnally, 1893.
The close of the Civil War in 1865 found Mercer county, like many of her sisters in Virginia and other southern States, without a Court House; it having been burned with almost the entire town of Princeton, by order of Col. Jenifer in 1862.
As soon as it was determined to rebuild the court house, the question of re-location began to be agitated by the people in the lower end of the county, who had long been complaining of the injustice to them in the first location of the court house at Princeton. Through the influence of the "Board of Registration," the question was submitted to a vote of the people, which resulted in the location of the court house at Concord Church.
After the court house had been removed from Princeton to Concord, the people of Princeton, now in possession of the registration machinery, became very anxious to obtain it again. Before the court house was completed another vote was taken which resulted in taking it back to Princeton. This change was brought about by the people in the lower end of the county voting for Princeton. For this favor Princeton gave her assistance in having the lower end of the county cut off and formed into the county of Summers. After losing the lower end of the county, the voting population was thrown near Princeton, which left no hope of ever getting the court house back to Concord.
The unfinished court house and jail reverting to the original owner of the land on which it stood, he tendered it to the State on condition that a branch of the State Normal School should be established at Concord. Accordingly, on the 28th day of February, 1872, the Legislature passed "An act to locate a Branch State Normal School at Concord, in the county of Mercer." This act required the buildings to be fitted up and furnished for the convenience of such school, free of charge to the State.
Before anything was done toward the completion of the building, the owner of the land died, leaving his affairs in such confusion as to render it difficult, if not impossible, to procure such a title to the property as the State would accept. The friends of the measure, on the 2nd day of December, 1873, procured the passage of an act authorizing, among other things, the procurement of the title to any other lot in Concord, and the erection of suitable buildings thereon without cost to the State. The act further provided that in case a suitable building was not erected and furnished within twelve months from its passage the school should be transferred to Princeton. I am forced to the conclusion that this last named provision contributed as much as anything toward establishing a school at Concord. It stimulated the people to make efforts which they would not otherwise have made. The inhabitants of the village of Concord, smarting from the loss of the court house, now began to realize that action was necessary or the normal school would follow in the wake of the court house.
The village consisted of five families; and it now became necessary for this little band to secure a lot and erect a building, or lose the school. Capt. Wm. Holroyd, who was the oldest resident in the village, took the matter in hand and impressed the people with the great advantages to be derived from the school. On the 29th of May, 1874, W. H. Martin and wife conveyed to the State of West Virginia, six acres of land upon which io [sic] erect the Normal building.
One of the conditions in locating the school at Concord was that no money was to be appropriated for the erection of the buildings, so the money for this purpose had to be raised by subscription. With the money thus raised, a wooden structure was erected at a cost of about $1,700. On the 22nd day of February, 1874, the corner stone of the old building was laid with Masonic honors.
On the 21st day of April, 1875, Capt. John A. Douglass and Hon. Wm. M. Reynolds appeared before the "Board of Regents of the Normal Schools," then in session at the Capitol in Charleston, and presented the deed of W. H. Martin and wife to the State of West Virginia. The board inspected the same and accepted it as a compliance with the act of the Legislature of December 2, 1875. At this meeting of the board, Capt. James Harvey French was appointed Principal, at a salary of $700, and Hon Wm. M. Reynolds, assistant, at a salary of $600. The Board of Regents ordered that the Concord School should open on the 10th day of May, 1875 and continue twelve weeks, and then take an intermission until the first Monday in March, 1876, at which time it should be re-organized and continue twenty weeks longer.
The surroundings were not very inviting on that memorable morning of the 10th of May, 1875, when the school was first opened[.] Imagine the beautiful rolling lawn upon the summit of which now stands the State normal buildings, then a wilderness of red-brush and chinquapin bushes, in the midst of which stood a rough, unfinished building about 39×48 feet, two stories in height, without either windows or doors, and you have a faint idea of the outside appearance of the Concord Normal building, as it stood in the May sunshine guiltless of paint or other ornaments. The inside was not more inviting. There was a floor in the lower story, with a partition of rough boards across the building dividing it into two unequal rooms. With an unobstructed view of the weather-boarding without and the rafters over head, many of the boys, for want of better seats, sat upon the sapling joists and studied their lessons. There was not a seat in the house, except such as could be hastily improvised from the odds and ends of the boards lying around the newly constructed building. The house was not furnished with any apparatns [sic] whatever. There were no fire places nor stoves the first session, so that on chilly days, the students, when not reciting, were out of doors warming themselves by fires made of logs with which the school grounds abounded.
There was no bell by which to assemble the students. The arrangement for that purpose being rather primitive, consisting of a cow's horn, which was in 1878, replaced by a small bell. On the adjoining page is a cut of the "Old Normal School Building," made from a photograph that was taken soon after its completion in 1876. This building was used until commencement, July 2, 1886.
Early in July, 1886, they commenced work on the new building, for which the Legislature of 1885 had made an appropriation of $5,000.00, and completed it the first week in January, 1887. On the 10th day of January, with Capt. French unable to leave his room and Mr. Sweeney in the Legislature, Mr. James F. Holroyd, Sweeney's substitute, began school in the new building. The transfer of the school from the "Old Church," which is now used for a stable, to the new building marks the beginning of a period of progress, which before that time had not been dreamed of by the most hopeful friends of the institution. The Legislature of 1887 appropriated $3,000 to complete the building and furnish the same. In 1888 the building was enlarged by a $3,500 addition. The "New Concord Normal School Building," as shown by cut on adjoining page, is a large, handsome, and commodious structure. It will easily accommodate 300 students, and for convenience and comfort it is surpassed by no other building of its kind in the State. It contains nine recitation rooms, library and reading room, janitor's room and chapel or commencement hall. This hall is 40×85 feet, handsomely furnished, and will seat about 1,000 persons. The building is situated on a slight eminece [sic] near the center of the village, and presents an imposing appearance from all parts of the town and surrounding country.
The "Ladies Residence," built by an appropriation of the Legislature of 1891, has been placed under the management of a competent person and is quite an acquisition to the school. This three-story building containing thirty rooms is situated on a beautiful and commanding site about 300 yards north of the normal school. The grounds consist of two acres, of which 1 1/3 acres were given by J. D. Sweeney, the other two-thirds of an acre was purchased by the faculty and citizens and presented to the State.
The rude furniture that was used in the Normal from 1875 to 1887, has been replaced by modern desks and benches. The school is supplied with ample scientific and philosophical apparatus.
The reading room and well selected library for the free use of teachers and students is the growth of the last five years.
The Literary Societies in connection with the school are in a flourishing condition.
The annual appropriation for the support of teachers in this school is now more than double what it was in 1886.
In addition to the Normal and Academic departments provided for by the Board of Regents, the faculty has established a commercial department, a penmanship department, a short-hand and type-writing department and a musical department.


text:
We already know about the presence of the word(s) "base ball" in the first chapter of Northanger Abbey, the first piece of proof that, since she was the first writer to mention it, Jane Austen must have invented the Great American Pastime; but the Editrix has stumbled across yet more proof that Jane Austen indeed invented base ball.
From Persuasion, Volume I, Chapter 9:
A dinner at Mr. Musgrove's had been the occasion when all these things should have been seen by Anne; but she had staid at home, under the mixed plea of a headache of her own, and some return of indisposition in little Charles. She had thought only of avoiding Captain Wentworth; but an escape from being appealed to as umpire as now added to the advantages of a quiet evening.
We're just saying.