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Speeches & Testimony
Opening Address by FDIC Chairman Sheila C. Bair, Summit on Residential Mortgage Servicing for the 21st Century, Sponsored by the Mortgage Bankers Association; Washington, D.C.
Wednesday, January 19, 2011
Today's summit takes place at a critical time for the mortgage industry. The housing bust and the financial crisis, the effects of which remain very much in evidence, arose from a historic breakdown in U.S. mortgage markets. Emergency policies enacted at the height of the crisis have helped to stabilize the financial system and plant the seeds of recovery. FDIC-insured institutions have recognized more than half a trillion dollars in losses thus far, and they're not finished yet.
We are 18 months into an economic recovery that has picked up momentum in recent months and is beginning to create private-sector jobs. Hundreds of thousands of mortgage modifications have been completed, reducing foreclosures enough at the margin to help stabilize our housing markets. Yet mortgage markets remain deeply mired in a cycle of credit distress, securitization markets remain frozen, and now chaos in mortgage servicing and foreclosure is introducing a dangerous new uncertainty into this fragile market.
Throughout the mortgage crisis, from the earliest days of the subprime credit problem to the current robo-signing controversy, the most persistent adversary has been inertia in the servicing and foreclosure practices applied to problem loans. Prompt action to modify unaffordable subprime loans in 2007 could have helped to limit the crisis in its early stages. Instead, we saw one and a half million foreclosures that year, contributing to a decline in average home prices that eventually totaled about one-third. Mortgage servicers have remained behind the curve as the problem has evolved to include underwater mortgages and, now, foreclosure practices that sow confusion and fear on the part of homeowners and fail to fully conform to state and local legal requirements.
I would like to talk with you this morning about the serious nature of the mortgage servicing problem, the factors that created it, and the urgent need to act in concert now to address the current crisis and prevent such a problem from recurring in the future.
The Economics of Mortgage Servicing
As you well understand, the development of our mortgage market over the past few decades has been marked by the unbundling of the mortgage-lending process. Traditionally, the originator, lender, and servicer of a mortgage were one in the same. With the advent of mortgage securitization, these responsibilities were divided among different parties and gave rise to specialist entities. When it works well, there are great benefits and efficiencies to be gained in this arrangement. Capital from around the world finds its way to homebuyers, reducing interest rates throughout the mortgage market. Specialization, scale, and automation in originating and servicing mortgages have dramatically cut expenses.
But the mortgage crisis also has revealed a fatal flaw in this unbundling of the mortgage-lending process: the misalignment of incentives between the various parties and specialists involved. We have dramatically underappreciated the potential for what economists call "principal-agent" problems arising from misaligned incentives. Mortgage brokers and lenders had little or no incentive to worry about whether borrowers could repay their mortgages. Neither did the investment banks putting together securitizations and CDOs.
Just as misaligned incentives drove the origination of trillions of dollars of unaffordable subprime and Alt-A mortgages that triggered the crisis, the process deficiencies we now see in mortgage servicing show that its basic business model and compensation structure are also fundamentally flawed and in urgent need of reform. Paying servicers a low fixed-fee structure based on volume may be sufficient to ensure that payments are processed and accounts are settled during good times, when most mortgages are performing. But it does not provide sufficient incentives to effectively manage large volumes of problem loans during a period of market distress.
This compensation structure drove automation, cost cutting and consolidation in the servicing industry in the years leading up to the crisis, which further complicated the ability to responsibly manage distressed loans. The market share of the top five mortgage servicers has nearly doubled since 2000, from 32 percent to almost 60 percent. When mortgage defaults began to mount in 2007 and 2008, third-party servicers were left without the expertise, the contractual flexibility, the financial incentives, or the resources they needed to engage in effective loss-mitigation programs.
While the public and investors have increasingly come to understand that loss mitigation is an essential tool for stabilizing the housing market and minimizing losses, many servicers have refused to commit the resources necessary to pursue it in a coordinated and efficient manner. Among the paradoxes of this problem is that research consistently shows that servicing practices are critically important to mortgage performance and risk.
Researchers at the Federal Reserve Bank of New York have recognized that: "The servicer can have a significantly positive or negative effect on the losses realized from the mortgage pool."1 And Fitch Ratings has concluded that: "The effectiveness of a servicer's default management practices is a key determinant in the ultimate performance of any portfolio."2
Addressing Today's Foreclosure Crisis
If we are to successfully respond to today's foreclosure crisis, all parties involved must recognize some important principles. Loss mitigation is not just a socially desirable practice to preserve homeownership where possible. It is wholly consistent with safe and sound banking and has macroeconomic consequences. Fair dealing with borrowers and adherence to the law are not optional. They must be viewed as mandatory if our servicing and foreclosure process is to function in the interest of all parties concerned.
The bottom line is that we need more modifications and fewer foreclosures. When foreclosure is unavoidable, we need it to be done with all fairness to the borrower and in accordance with the law. Only by committing to these principles can we begin to move past the foreclosure crisis and rebuild confidence in our housing and mortgage markets.
First, in order to remedy failures endemic to the largest mortgage servicers, I hope to see enforceable requirements that will significantly improve opportunities for homeowners to avoid foreclosure. The first such requirement is that servicers must provide a single point of contact to assist troubled borrowers throughout the loss-mitigation and foreclosure process. In order to prevent costly miscommunication, this person - and it does need to be a real person - must be well trained and adequately compensated. This person must have access to all relevant information and be authorized to put a hold on any foreclosure proceeding while loss-mitigation efforts remain ongoing.
Second, servicers must commit to adequate staffing and training for effective loss mitigation. There is no question that the fee structure currently in place for most servicers provides insufficient resources for effective loss mitigation and has led servicers to cut corners in their legal and administrative processes. While we cannot fix these incentives after the fact, we should insist that servicers do the right thing now and devote a level of resources that is commensurate to the scale of the problem. We need to establish industry benchmarks - based on a maximum number of delinquent loans per representative - and insist on a minimum standard of training to ensure that staff are up-to-date on the latest loss-mitigation programs.
In addition, to expedite the loan modification process and help clear the market, we should look for opportunities to greatly simplify loan-modification offers in exchange for waivers of claims.
A broad agreement must also deal head-on with the second-lien problem. Throughout the mortgage crisis, the competing interests of first and second lien holders have been a source of conflict for servicers. Early in the crisis, many servicers were unwilling to modify first mortgages unless second-liens were written down or extinguished. More recently, investors in first mortgages have complained that they were accepting losses without meaningful participation of second lien holders. This complaint is especially pronounced when the servicer of the first mortgage is also the owner of the second.
While big banks and big investors can handle themselves, the uncertainty around the treatment of second liens has reduced opportunities for effective foreclosure prevention. As part of any resolution of claims regarding large servicers, a fixed formula should be established to govern the treatment of first and second mortgages when the servicer or its affiliate owns the second lien.
At a minimum, this formula should require that the subordinate lien be reduced pro-rata to any change in the first mortgage. Any credible settlement should provide for independent monitoring of servicer compliance to supplement oversight by federal and state regulators.
We also need independent review of loss-mitigation denials. Borrowers should have the right to appeal any adverse denial of a loan modification request to an independent party who has the proper information to conduct an immediate review and the power to correct erroneous determinations. Weak practices associated with title documentation must also cease. This means that banks and other servicers must: foreclose in their own names instead of allowing MERS to foreclose; and provide complete chain of title and note transfer history in the notice of default.
And while the financial incentives that govern servicers are, in many cases, embedded in contracts that cannot be altered, some practices and incentives in the process can be addressed now. For example, a broad settlement could eliminate incentive payments to law firms for speedy foreclosures, as well as the use of lost-note affidavits, except where the servicer has made good faith efforts to obtain the note. Most importantly, such a settlement should prohibit foreclosure sales when a loan is in loss mitigation, except in specific situations where delay would disadvantage the investor, violate existing contracts, or reward a borrower acting in bad faith.
Finally, we need to provide remedies for borrowers harmed by past practices. A foreclosure claims commission, modeled on the BP or 9/11 claims commissions, could be set up and funded by servicers to address complaints of homeowners who have wrongly suffered foreclosure through servicer errors.
Many in the servicing industry will resist a settlement such as this because it would impose much of the immediate financial cost on the major servicers themselves. But this would be short-sighted. The fact is, every time servicers have delayed needed changes to minimize their short-term costs, they have seen a deepening of the crisis that has cost them - and the rest of us - even more.
It is time for government and industry to reach an agreement that will finally bring closure to the crisis and pave the way for a lasting recovery in our housing and mortgage markets.
Preventing Future Misalignment of Servicing Incentives
In addition to holding servicers accountable for past behavior, we cannot restore long-term confidence in the securitization process unless we address the misalignment of servicing incentives that contributed to the present crisis. That is why regulators must use both their existing authorities and the new authorities granted under the Dodd-Frank Act to establish standards for future securitizations to help assure that as the private securitization market returns, incentives for loss mitigation in mortgage servicing are appropriately aligned.
The FDIC took a significant step in this regard when we updated our rules for safe harbor protection with regard to the sale treatment of securitized assets in failed bank receiverships. Our final rule, approved in September, establishes standards for disclosure, loan quality, loan documentation, and the oversight of servicers. It includes incentives to assure that loans are made and managed in a way that achieves sustainable lending and maximizes value for all investors.
We know they will work. Incentive structures to promote timely and effective loss mitigation and loan modification were included in the FDIC's own securitization of residential mortgages in 2010.
We are now working on an interagency basis to develop the Dodd-Frank standards for risk retention across several asset classes, including requirements for low-risk "Qualifying Residential Mortgages," or QRMs, that will be exempt from risk retention. These rules allow us to establish a gold standard for securitization to encourage high-quality mortgages that are sustainable for the long term.
This rulemaking process also provides a unique opportunity to better align the incentives of servicers with those of mortgage pool investors. for instance, the definition of a QRM could require servicing agreements that, among other things: Provide for the legal authority and require financial incentives for servicers to take actions that maximize the value of the entire mortgage pool rather than the claims of any one class of investors, including modifying loans where default is reasonably foreseeable; Require disclosure in cases where the servicer manages both the first and second mortgages, and establish a pre-defined process to address conflicts between these positions; Restrict the commingling of mortgagors' payments with its own assets; Require an independent master servicer to provide oversight and resolve disputes regarding the servicers' actions; And cap servicer principal and interest advances and provide for a means other than foreclosure for servicers to be repaid.
Because effective servicing of problem loans is so important to preserving value for investors and preventing systemic instability, it is imperative that the Dodd-Frank risk-retention rules also create financial incentives that promote effective loan servicing. The FSOC agencies writing the risk-retention rule have been charged with establishing securitization standards that will align incentives in the securitization process. This task cannot be considered complete unless they have addressed the misaligned incentives in servicing that created the present foreclosure crisis.
And by better aligning economic incentives in securitization standards, we will not only address key safety and soundness and investor concerns. We also will provide a stronger foundation for the new Consumer Financial Protection Bureau to improve consumer protections for troubled borrowers in all products and by all servicers, when they obtain authority to write rules later this year.
As I mentioned at the outset, we stand today at a critical phase in the mortgage crisis. Through the effort and determination of so many in the private sector and the public sector, we have sown the seeds of recovery in our economy, our financial markets and our housing markets. But we are not out of the woods yet.
If we fail to act decisively now to deal with the foreclosure crisis, we risk triggering a double-dip in U.S. housing markets that could roll back the progress that has been made to date. The problem is serious, and the need for action is urgent. We cannot afford to wait for Congress to take action on this issue.
Instead, the parties most directly involved in the crisis - namely the major servicers, federal regulatory agencies of the FSOC, and the state Attorneys General - need to work together now to provide much-needed clarity and fairness to the loss mitigation and foreclosure process. And to prevent the misaligned incentives responsible for the crisis we are currently facing, we need to use our full-range of existing regulatory authorities, now, to create strong servicing standards for the future.
Unless we follow through and address servicing incentives and standards in our implementation of the Dodd-Frank reforms, we will have missed an historic opportunity to restore investor confidence, restart a constructive securitization market, and create long-term stability in our mortgage markets. I urge your active support of these initiatives. Thank you.
1 Ashcraft, Adam B. and Schuermann, Til, "Understanding the Securitization of Subprime Mortgage Credit," Staff Report No. 318, Federal Reserve Bank of New York, March 2008, p. 8. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1071189
2 "Global Rating Criteria for Structured Finance Servicers," Fitch Ratings / Structured Finance, August 16, 2010, p. 7.
|Last Updated 1/19/2011


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Peace Corps to Allow Gay Couples to Serve Together
Those looking to embark on a volunteering journey around the world can now do so -- with their partners alongside.
While the Defense of Marriage Act still defines marriage as the union between a man and a woman for federal purposes, the Peace Corps announced it would extend benefits to gay couples to allow them to serve as volunteers together overseas, according to NBC News.
The Peace Corps, a government-run volunteering program started by President Kennedy, will open up the application process for gay couples on June 3.
"Service in the Peace Corps is a life-defining leadership experience for Americans who want to make a difference around the world," said Peace Corps Deputy Director Carrie Hessler-Radelet. "I am proud that the agency is taking this important step forward to allow same-sex domestic partners to serve overseas together."
Gay couples do not have to be married to apply to serve together. However, they will be required to sign an affidavit as evidence of their domestic partnership.
Since its establishment in 1961, more than 210,000 Americans in 71 countries have volunteered for the Peace Corps.


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It is as good a time as ever to begin your own survival garden for you and your family.? This year, increased food prices, economic uncertainty and recent record natural disasters have undoubtedly heightened our concern about the safety and availability of food. A desire for a survival garden may also be rooted in the fact that you crave fresh, organic and non-GMO vegetables, fruit and herbs year round. Or like our parents and grandparents during World War Two, "victory gardens" save money, while allowing commercially grown food to be directed to areas that need it.? Whatever the reasoning, survival gardens are easy to construct and following these additional suggestions can allow your family to eat healthfully from home.
How To Start A Survival Garden: ?First, decide what your gardening goals are.? Are you looking to add a few more fresh fruits and vegetables to your weekly meals? Perhaps you want an emergency food supply? Or, maybe take it a step further and completely live off the grid? Whatever you decide, it's best practice to begin by planning a 4-foot wide space for your garden.? You do not want it any wider or you'll have some trouble planting, harvesting and weeding in the center.? You may make the length as long as you prefer, yet many like to begin with 4×12 feet and the opportunity to grow larger as need be. Pick a location that's relatively flat and receives sunlight with some shade at certain parts of the day.
After you have found the perfect location, dig an area about 1 foot deep.? You may dip deeper to add more vitality to your garden, but keep in mind that you'll need more soil to compensate.? Using sized pieces of wood, form an "L" at one end of the garden and use a power drill to set each screw in. ?Do the same for all four corners until you have a sturdy rectangular shape. Fill in the hole with nutrient-rich, organic soil, leaving some space a few inches at the top.? Use compost periodically to boost the soil's needs.
Deciding What To Plant:
Grow any type of fruits, vegetables and herbs you prefer, but do keep in mind that some plants are advantageous to grow together while others will literally steal nutrients from the plant next door.? Check our Companion Gardening blog post to see a complete list of companion plants.
Planting medicinal herbs and plants is a good practice for those who aspire to grow a garden for emergency purposes. Garlic, onions, aloe, cloves, anise seed and other herbs have proven medicinal qualities that could be helpful for injuries and other ailments in a crisis.
Emergency Seed Banks: Many of us want to be prepared in any type of natural or economic disaster, and creating your own emergency seed bank is one way to ensure your seeds are viable when you need them most. ?Begin by selecting a wide variety of seeds that are non-hybrid heirloom and non-genetically modified. ?Next, make sure your seeds are completely dry and place them in a vacuum-sealed bag.? A Mylar? bag may also be used to ensure tight sealing.? Then, place bags in an airtight, waterproof container or a compact storage case.? Carefully label your seeds and keep planting guides in the container as well. These simple steps will increase the lifespan of your seeds, while giving you more control and self-sufficiency over your food supply in a worst-case scenario.
Storing Fruits and Vegetables: Canning your leftover fruits, vegetables and herbs from your survival garden can prevent waste and can prepare you and your family for most unexpected emergencies.? Using mason jars and two-piece lids will suit you just fine for canning foods.? Make sure the food, cans and lids are sterilized before you label and place the jars in storage for later use.? Freezing food in air tight bags will also retain most of the nutritional value, while blanching vegetables before freezing can stop enzymatic activity that slowly causes the quality of the food to dissipate. Remember that freezing is better for short-term consumption, as a loss of power could mean the loss of your food if you do not have a backup generator.
Do you have a prepared food source for your family in an emergency??


text: Vicenza About this sound listen , a city in north-eastern Italy, is the capital of the eponymous province in the Veneto region, at the northern base of the Monte Berico, straddling the Bacchiglione. Vicenza is approximately 60 kilometres west of Venice and 200 kilometres east of Milan.Vicenza is a thriving and cosmopolitan city, with a rich history and culture, and many museums, art galleries, piazzas, villas, churches and elegant Renaissance palazzi. With the Palladian Villas of the Veneto in the surrounding area, and his renowned Teatro Olimpico, the "city of Palladio" has been enlisted as UNESCO World Heritage Site since 1994.As of December 2008, Vicenza had an estimated population of 115,927, and a metropolitan area of 270 000. Vicenza is the third-largest Italian industrial centre as measured by the value of its exports, and is one of the country's wealthiest cities, in large part due to its textile and steel industries, which employ tens of thousands. Additionally, about one fifth of the country's gold and jewelry is made in Vicenza, greatly contributing to the city's economy. Another important sector is the engineering/computer components industry.


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DESE votes to close KC's Gordon Parks Elementary School
Co-founder says school didn't meet MAP score standards
One of the co-founders of Gordon Parks Elementary School said the state has voted to close the charter school.
Click here to see the school's performance.
Dorothy Curry said the Department of Elementary and Secondary Education voted on Tuesday to shutter the school because it did not meet the MAP score standards. The test scores were some of the worst in the state.
"After careful review of the Gordon Parks Elementary charter school, the State Board of Education voted unanimously not to renew its charter school application and strongly urged the sponsor to close the school. Since 2007, academic performance at the charter school sponsored by University of Central Missouri-Warrensburg has been significantly lower than public schools in Kansas City and throughout Missouri," officials said in a written statement.
DESE said the school's students have been falling behind their peers for the three years that charter schools have been taking the Missouri MAP test.
Tears flowed at the school as students were given the news Thursday afternoon.
"The children are bereft. They're in tears. They're wondering what they future is going to be," said principal Rie Clark.
"When they told me I was heartbroken. My kids have been going here for so long. Why would they want close Gordon Parks for? It's just sad," said parent Tasha Walker.
Administrators said they're working with many students from very poor families, many of whom live with just one parent or grandparent.
"These kids don't have a lot of stability in their lives anyway and now we have created another chasm for them," said Clark. "It's like hearing your parents are getting divorced. It's horrible."
She said administrators overhauled the school this year in an effort to turn the test scores around. They said the state didn't give those changes the chance to work.
"I don't think the state has any idea of what we do here," said Doug Fleming. "They've never been to our school."
The school, which began operating in 1999, is scheduled to close next Wednesday.
"Basically, DESE decided to vaporize the school," said School Board President Doug Curry. "And we have seven days to do that."


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WASHINGTON -- The Concord Coalition today praised the bipartisan leadership of Senators John Thune (R-SD) and Tim Kaine (D-VA) for introducing the "INFORM Act," a legislative proposal that would improve federal budgeting by providing a more complete picture of the long-term impact of current fiscal policies, including their burden on younger Americans and future generations. Senators Chris Coons (D-DE) and Rob Portman (R-OH) are among the first to co-sponsor.
"We should not leave future generations with spiraling debt and hidden obligations that could jeopardize their economic prospects and harm their ability to meet new challenges," said Robert L. Bixby, Concord's executive director. "All too often, however, Washington allows short-term political concerns and special-interest pressures to trump long-term fiscal responsibility. This new legislation would provide valuable tools to help correct that pattern and keep elected officials -- and the American public -- focused on the nation's long-term fiscal and economic goals."
The Intergenerational Financial Obligations Reform Act (INFORM), appropriately championed by the Millennial-led "The Can Kicks Back" campaign, would establish long-term generational accounting and fiscal gap analysis in the budgeting and legislative processes.
Fiscal gap analysis shows the present value difference between projected spending and revenue, together with the initial public debt, over both a 75-year time period and an infinite time horizon. Generational accounting analysis is a means of assessing generational transfers by showing "net taxes" – the difference between total projected taxes paid and transfer payments received.
"The Concord Coalition has long stressed that federal budget policy must be sustainable beyond the artificial 10-year window. This requires a careful eye on the full magnitude of the government's future commitments. We can't just assume that the future will provide for itself. We need to do a better job of providing for the future," Bixby said. "The INFORM Act would expand the universe of long-term analytical fiscal tools and better focus policy choices on the burdens they might place on our children, grandchildren and future generations."
The Concord Coalition is a nonpartisan, grassroots organization dedicated to fiscal responsibility. Since 1992, Concord has worked to educate the public about the causes and consequences of the federal deficit and debt, and to develop realistic solutions for sustainable budgets. For more fiscal news and analysis, visit concordcoalition.org and follow us on Twitter: @ConcordC
Media Contact: Chris Colligan; [email protected]; (703) 894-6222


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20 January, 2011 | (01 hr)
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Companies are using international assignments to develop key talent and fill vacancies when it is hard to find the right local employee. But these assignments are expensive and difficult to manage and are coming under increasing scrutiny to verify the value to the organization. What are global and regional companies doing to improve the use of mobility programs within Asia? What are best practices for ensuring the development effectiveness of this investment? In this webcast we will share the results of a recent survey by The Conference Board on the latest issues, policies and trends in mobility in Asia-Pacific, and discuss regional policies in the region and the success of the options that have been tried.
Conference Board specialist Clive Wright will present the results of the survey and lead the discussion on current practices and results in this rapidly evolving field.
Audience: HR, talent management, leadership development and workforce planning executives in global and regional companies operating in Asia-Pacific.
Clive Wright
Hyperion HR Ltd. provides HR and reward consulting services to business leaders and HR Directors. He successfully established Hyperion after leaving Mercer in 2009, following 8 years as a Principal. Prior to joining Mercer Clive was Director, Group Compensation and Benefits for The BOC Grou...Full Bio


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Redlands Connection is a concoction of sports memories emanating from a city that once numbered less than 20,000 people. From the Super Bowl to the World Series, from the World Cup to golf's U.S. Open, plus NCAA Final Four connections, Tour de France cycling, major tennis, NBA and a little NHL, aquatics and quite a bit more, the sparkling little city that sits around halfway between Los Angeles and Palm Springs on Interstate 10 has its share of sports connections. – Obrey Brown
If you haven't yet, check out part 1 first.
Baseball fans love their hometown players.
It's complete acceptance. Much like, perhaps, Red Sox, Blue Jays, Yankees, or Astros fans whenever Roger Clemens took the mound. Or a Cubs fan when Sammy Sosa stepped into the batter's box. Oakland and Cardinals' fans had Mark McGwire. Gary Sheffield showed up in L.A., Miami, Atlanta and New York. The Red Sox and Dodgers, plus the Indians, watched Manny Ramirez skyrocket dozens of balls over fences. Alex Rodriguez was magnificent during his days in Seattle, Texas and New York.
You think those fans aren't affected by Hall of Fame corruption? That corruption was media-driven.
Barry Bonds, reviled by rival fans, was beloved in San Francisco.
My son, Chet, saw Bonds strike home runs in San Francisco, at Dodger Stadium, plus both ballparks in San Diego, Jack Murphy Stadium and Petco Park. Throw in a significant bomb at Anaheim. Game 6, 2002 World Series.
When Bonds showed up in BALCO reports, law enforcement investigations, plus various other significant bodies – including a Federal government trial – Chet's view was that his baseball achievements should remain intact.
Chet is furious that Bonds – he wasn't necessarily a fan of Roger Clemens – wasn't elected to the Hall of Fame.
He's heard me say it for years.
That the same fraternity of media that voted MVP and Cy Young, Rookie of the Year and Gold Glove honors had also voted to keep significant players out of Cooperstown, the New York-based site of the Hall of Fame.
It was right under the media's corrupt noses that PED usage was taking place.
Corrupt …
… in that all major teams, from its ownership and management to its medical staffs and dugout personnel, had to know.
… the stain and stench reaches all the way up to the Commissioner's office – Peter Uebberoth, Bart Giamatti, Faye Vincent and Bud Selig. If they didn't know, they're ignorant. If they did know, they did nothing.
… baseball's player union, which deflected away testing procedures that would've kept the sport clean.
Sports Illustrated Tom Verducci gets a huge "Hall" pass for a significant article he wrote in 2002. San Diego Padres' third baseman Ken Caminiti, an admitted PED user and one-time National League MVP (voted on by the media, incidentally), was quoted by Verducci saying 50 percent of baseball players were using enhancements.
Over a decade earlier, Canseco was besieged by Red Sox fans during the playoffs against Oakland. In Boston. "Sterrrrroids. Sterrrrroids. Sterrrrroids." They all chanted.
Canseco, for his part, struck a Greek god-like posture, flexing for them, kiddingly posing for those Fenway Park fans.
That was 1990, or '91. Where was baseball's media? You'd think they'd pick up on a story like that. It took over a decade before the story broke. When it did break, Canseco's first book created the eventual storm.
The media got scooped.
Hundreds of news outlets – print, TV, radio, you name it – were planted in each major league city. Coast to coast. ABC. CBS. NBC. ESPN. CNN. Where were these journalists? Didn't you guys remember Woodward and Bernstein, the two Washington reporters who broke Watergate a generation earlier?
The media could've headed off the PED era right away. It wasn't enough to simply offer speculation. Or blind rage. Or ask questions, that players denied using.
They didn't dig for stories.
Eventually, Canseco wrote two books, naming names.
Mark Fainaru-Wada and Lance Williams wrote "Game of Shadows," detailing the BALCO raids and subsequent legal connections.
I once wrote a column about that, noting significant names of those media personalities that didn't properly do its job. Amazingly, one of those names I'd mentioned, Bob Costas, contacted me.
"I don't want to you to think I surf the net, looking for my name," said Costas in one of two communications I had with the longtime NBC sportscaster. "A friend of mine in California sent me a copy of your article."
I promised Costas our conversation would be off the record. To this day, I won't reveal anything we discussed further. I will share this, however: He told me that he called the MLB All-Star game, I think back in 2002, and spent the entire game bemoaning the state of baseball with all its PED usage. He was, in effect, calling them out.
Costas said he received plenty of blowback from the players and its union.
My own complaint was that kind of unspecific coverage meant nothing until evidence was produced, such as Verducci's SI piece.
"Howard Cosell," I said, mentioning ABC's legendary tough-as-nails broadcaster a couple decades earlier, "would've gotten to the bottom of this."
It was great talking with Costas, but he only underscored the problem. Media was largely responsible for the outbreak of PED use. By not rooting out its issues, exposing the sinners and shutting down the freakage use of PEDs in its early stages, all talk was cheap.


text: Print We're welcoming patients at Mayo medical institution See our safety precautions in response to COVID-19. Request an appointment. Overview Prostate cancer Open pop-up dialog box Close Prostate cancer Prostate cancer Prostate cancer occurs in the prostate gland, which is located just below the bladder in males and surrounds the top portion of the tube that drains urine from the bladder (urethra). This illustration shows a normal prostate gland and a prostate with a tumor. Prostate cancer is cancer that occurs in the prostate — a small walnut-shaped gland in men that produces the seminal fluid that nourishes and transports sperm. Prostate cancer is one of the most common types of cancer in men. Usually prostate cancer grows slowly and is initially confined to the prostate gland, where it may not cause serious harm. However, while some types of prostate cancer grow slowly and may need minimal or even no treatment, other types are aggressive and can spread quickly. Prostate cancer that's detected early — when it's still confined to the prostate gland — has a better chance of successful treatment. Products & Services Book: Mayo medical institution Essential Guide to Prostate Health Book: Mayo medical institution on Healthy Aging Show more products from Mayo medical institution Symptoms Prostate cancer may cause no signs or symptoms in its early stages. Prostate cancer that's more advanced may cause signs and symptoms such as: Trouble urinating Decreased force in the stream of urine Blood in semen Discomfort in the pelvic area Bone pain Erectile dysfunction When to see a doctor Make an appointment with your doctor if you have any signs or symptoms that worry you. Debate continues regarding the risks and benefits of prostate cancer screening, and medical organizations differ on their recommendations. Discuss prostate cancer screening with your doctor. Together, you can decide what's best for you. Request an Appointment at Mayo medical institution Causes Prostate gland Open pop-up dialog box Close Prostate gland Prostate gland The prostate gland is located just below the bladder in men and surrounds the top portion of the tube that drains urine from the bladder (urethra). The prostate's primary function is to produce the fluid that nourishes and transports sperm (seminal fluid). It's not clear what causes prostate cancer. Doctors know that prostate cancer begins when some cells in your prostate become abnormal. Mutations in the abnormal cells' DNA cause the cells to grow and divide more rapidly than normal cells do. The abnormal cells continue living, when other cells would die. The accumulating abnormal cells form a tumor that can grow to invade nearby tissue. Some abnormal cells can also break off and spread (metastasize) to other parts of the body. Risk factors Factors that can increase your risk of prostate cancer include: Age. Your risk of prostate cancer increases as you age. Race. For reasons not yet determined, black men carry a greater risk of prostate cancer than do men of other races. In black men, prostate cancer is also more likely to be aggressive or advanced. Family history. If men in your family have had prostate cancer, your risk may be increased. Also, if you have a family history of genes that increase the risk of breast cancer (BRCA1 or BRCA2) or a very strong family history of breast cancer, your risk of prostate cancer may be higher. Obesity. Obese men diagnosed with prostate cancer may be more likely to have advanced disease that's more difficult to treat. Complications Complications of prostate cancer and its treatments include: Cancer that spreads (metastasizes). Prostate cancer can spread to nearby organs, such as your bladder, or travel through your bloodstream or lymphatic system to your bones or other organs. Prostate cancer that spreads to the bones can cause pain and broken bones. Once prostate cancer has spread to other areas of the body, it may still respond to treatment and may be controlled, but it's unlikely to be cured. Incontinence. Both prostate cancer and its treatment can cause urinary incontinence. Treatment for incontinence depends on the type you have, how severe it is and the likelihood it will improve over time. Treatment options may include medications, catheters and surgery. Erectile dysfunction. Erectile dysfunction can result from prostate cancer or its treatment, including surgery, radiation or hormone treatments. Medications, vacuum devices that assist in achieving erection and surgery are available to treat erectile dysfunction. More Information Prostate cancer care at Mayo medical institution Prostate cancer metastasis: Where does prostate cancer spread? Prevention You can reduce your risk of prostate cancer if you: Choose a healthy diet full of fruits and vegetables. Avoid high-fat foods and instead focus on choosing a variety of fruits, vegetables and whole grains. Fruits and vegetables contain many vitamins and nutrients that can contribute to your health. Whether you can prevent prostate cancer through diet has yet to be conclusively proved. But eating a healthy diet with a variety of fruits and vegetables can improve your overall health. Choose healthy foods over supplements. No studies have shown that supplements play a role in reducing your risk of prostate cancer. Instead, choose foods that are rich in vitamins and minerals so that you can maintain healthy levels of vitamins in your body. Exercise most days of the week. Exercise improves your overall health, helps you maintain your weight and improves your mood. There is some evidence that men who don't exercise have higher PSA levels, while men who exercise may have a lower risk of prostate cancer. Try to exercise most days of the week. If you're new to exercise, start slow and work your way up to more exercise time each day. Maintain a healthy weight. If your current weight is healthy, work to maintain it by exercising most days of the week. If you need to lose weight, add more exercise and reduce the number of calories you eat each day. Ask your doctor for help creating a plan for healthy weight loss. Talk to your doctor about increased risk of prostate cancer. Men with a high risk of prostate cancer may consider medications or other treatments to reduce their risk. Some studies suggest that taking 5-alpha reductase inhibitors, including finasteride (Propecia, Proscar) and dutasteride (Avodart), may reduce the overall risk of developing prostate cancer. These drugs are used to control prostate gland enlargement and hair loss in men. However, some evidence indicates that men taking these medications may have an increased risk of getting a more serious form of prostate cancer (high-grade prostate cancer). If you're concerned about your risk of developing prostate cancer, talk with your doctor. More Information Prostate cancer care at Mayo medical institution Prostate cancer prevention Frequent sex: Does it protect against prostate cancer? By Mayo medical institution Staff Prostate cancer care at Mayo medical institution Request an Appointment at Mayo medical institution Diagnosis & treatment April 17, 2019 Print Share on: FacebookTwitter Show references Prostate cancer. Fort Washington, Pa.: National Comprehensive Cancer Network. http://www.nccn.org/professionals/physician_gls/f_guidelines.asp. Accessed Jan. 21, 2017. Wein AJ, et al., eds. Campbell-Walsh Urology. 11th ed. Philadelphia, Pa.: Elsevier; 2016. http://wwwclinicalkey.com. Accessed Feb. 21, 2017. Gunderson LL, et al. Prostate Cancer. In:Clinical Radiation Oncology. 4th ed. Philadelphia, Pa.: Elsevier; 2016. http://www.clincalkey.com. Accessed Feb. 20, 2017. What you need to know about prostate cancer. National Cancer Institute. http://www.cancer.gov/publications/patient-education/wyntk-prostate-cancer. Accessed Feb. 8, 2017. Niederhuber JE, et al., eds. Prostate cancer. In: Abeloff's Clinical Oncology. 5th ed. Philadelphia, Pa.: Churchill Livingstone Elsevier; 2014. http://www.clinicalkey.com. Accessed Jan. 21, 2017. Distress management. Fort Washington, Pa.: National Comprehensive Cancer Network. http://www.nccn.org/professionals/physician_gls/f_guidelines.asp. Accessed Feb. 20, 2017. Riggin EA. Allscripts EPSi. Mayo medical institution, Rochester, Minn. October 24, 2016. Smith RA, et al. Cancer screening in the United States, 2015: A review of current American Cancer Society guidelines and current issues in cancer screening. CA: A Cancer Journal for Clinicians. 2015;65:30. Prostate cancer prevention (PDQ). National Cancer Institute. http://www.cancer.gov/cancertopics/pdq/prevention/prostate/healthprofessional. Accessed Feb. 20, 2017. Castle EP (expert opinion). Mayo medical institution, Phoenix/Scottsdale, Ariz. April 12, 2017. Choline C-11 injection (prescribing information). Rochester, Minn. Mayo medical institution PET Radiochemistry Facility; 2012. http://www.accessdata.fda.gov/drugsatfda_docs/appletter/2012/203155Orig1s000ltr.pdf. Accessed Feb. 22, 2017. Vourganti S. et al. MR/US fusion technology: What makes it tick? Current Urology Reports. 2017;18:20. Rong N, et al. Clinically available RNA profiling tests of prostate tumors: utility and comparison. Asian Journal of Andrology. 2016;18:575. Conrad CA, et al. Clinically available RNA profiling tests of prostate tumors: Utility and comparison. Asian Journal of Andrology. 2016;18:505. Koboldt DC, et al. Rare variation in TET2 is associated with clinically relevant prostate carcinoma in African Americans. Cancer Epidemiology, Biomarkers & Prevention. 2016;25:11. Gettman MT, et al. Current status of robotics in urologic laparoscopy. European Urology. 2003;43:106. Krambeck AE, et al. Radical prostatectomy for prostatic adenocarcinoma: a matched comparison of open retropubic and robot-assisted techniques. BJU International. 2008;103;448. Ashfaq A, et al. Incidence and outcomes of ventral hernia repair after robotic retropubic prostatectomy: A retrospective cohort of 570 consecutive cases. International Journal of Surgery. 2017;38:74. Alshalalfa1 A, et al. Low PCA3 expression is a marker of poor differentiation in localized prostate tumors: Exploratory analysis from 12,076 patients. Oncotarget. In press. Accessed April 12, 2017. Kaushik D, et al. Oncological outcomes following radical prostatectomy for patients with pT4 prostate cancer. International Brazilian Journal of Urology. 2016;42:1091. Moris L, et al. Impact of lymph node burden on survival of high-risk prostate cancer patients following radical prostatectomy and pelvic lymph node dissection. Frontiers in Surgery. 2016;3:65. Leibovich BC (expert opinion). Mayo medical institution, Rochester, Minn. June 2, 2017. Amin MB, et al., eds. Prostate. In: AJCC Cancer Staging Manual. 8th ed. New York, NY: Springer; 2017. Related Digital rectal exam Flaxseed: Does it affect risk of prostate cancer? Frequent sex: Does it protect against prostate cancer? Infographic: Prostate Cancer: Choline c-11 Pomegranate juice: A cure for prostate cancer? Prostate cancer Prostate cancer brachytherapy: Can I pass radiation to others? Prostate cancer metastasis: Where does prostate cancer spread? Prostate cancer prevention Prostate cancer stages Prostate cancer treatment: Does initial treatment preclude others later? Prostate cancer: Does PSA level affect prognosis? Prostate gland Transrectal biopsy of the prostate Vasectomy: Does it increase my risk of prostate cancer? Show more related content Associated Procedures Ablation therapy Active surveillance for prostate cancer Bone scan Brachytherapy Chemotherapy Cryoablation for cancer CT scan External beam radiation for prostate cancer MRI Prostatectomy Proton therapy PSA test Radiation therapy Ultrasound Show more associated procedures News from Mayo medical institution Mayo medical institution Minute: New prostate biopsy technique reduces infection risk Oct. 17, 2019, 07:00 a.m. CDT Mayo medical institution discovers biological markers that could guide treatment for prostate cancer Jan. 03, 2019, 04:00 p.m. CDT Products & Services Book: Mayo medical institution Essential Guide to Prostate Health Book: Mayo medical institution on Healthy Aging Show more products and services from Mayo medical institution Prostate cancer Symptoms & causes Diagnosis & treatment Doctors & departments Care at Mayo medical institution Advertisement Mayo medical institution does not endorse companies or products. Advertising revenue supports our not-for-profit mission. Advertising & Sponsorship Policy Opportunities Ad Choices Mayo medical institution Marketplace Check out these best-sellers and special offers on books and newsletters from Mayo medical institution. FREE book offer – Mayo medical institution Health Letter The Mayo medical institution Diabetes Diet Mayo medical institution on Digestive Health Mayo medical institution on Healthy Aging NEW – Mayo medical institution Guide to Arthritis CON-20309674 Patient Care & Health Information Diseases & Conditions Prostate cancer


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According to CSNNW, Portland is engaged in trade discussions regarding Jamal Crawford with Boston, Philadelphia and Minnesota: "The Portland Trail Blazers are fielding trade offers for guard Jamal Crawford and the Philadelphia 76ers, Minnesota Timberwolves, and Boston Celtics are among the teams actively pursuing the scoring specialist intensely, a league source said. Other teams who have shown diminutive interest are the Los Angeles Clippers and the Phoenix Suns according to a person familiar with the situation. […] A trade would grant Crawford his Bird Rights and If he isn't traded before or on draft night (June 28), Crawford is expected to opt out and become an unrestricted free agent the very next day."
Blazers Could Trade Jamal Crawford to Sixers, Celtics or T-Wolves


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When I search for tabs in a file with (e)grep I use the litteral tab (
^v + <tab>). I can not utilize
\t as a replacement for tabs in regular expressions. With e.g. sed this expression works very well.
So is there any possibility to use a non-litteral replacement for
<tab> and what are the backgrounds for a non working / not interpreted
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Here is another article from the Work & Family site at BellaOnline.com.
*Take Time For Family*
There is an old song that talks about a father who was too busy to spend time with his young son, now the father is old and weary; the son has no time for him. More often than we would imagine, this is the case in real life. Take time for your family and make it fun.
Please visit workandfamily.bellaonline.com for even more great content about Work & Family.
To participate in free, fun online discussions, this site has a community forum all about Work & Family located here -
I hope to hear from you sometime soon, either in the forum or in response to this email message. I thrive on your feedback!
Have fun passing this message along to family and friends, because we all love free knowledge!
Vannie Ryanes, Work & Family Editor
One of hundreds of sites at BellaOnline.com


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2nd St. Johnsbury Employee Resigns
Larry Sharer Appointed As Town Clerk, Treasurer, Resigns At Meeting
A second town employee has resigned from the St. Johnsbury town offices.
Larry Sharer, who had been an assistant town clerk and treasurer, resigned Thursday after the board of selectmen voted to elect him as town clerk and treasurer following last week's resignation of Sandra Grenier.
The board voted 3-2 to appoint Sharer, but he declined and then resigned, said Town Manager Ralph Nelson.
The board had decided to appoint an interim town clerk and treasurer, rather than waiting until the March elections.
Nelson said after a discussion about employee pay, Sharer came up to the table and presented the five board members and Nelson with his letter of resignation.
The only reason that he gave in the letter was the fact that certain people in power, which I'm assuming he means selectmen, had driven Sandy Grenier away, Nelson said.
In his letter, Sharer writes, The office has functioned very well over the past years, but with the retirement of Sandra Grenier it has thrown the rest of the office in a real bad situation. I do not blame Sandra for the situation, but do blame some of the people in power for their actions which forced the retirement of Ms. Grenier.
Nelson said the town office had been run a certain way for many years, but changes have some with new selectmen. Nelson was brought in as town manager in 2010.
Nelson added the town recently hired a new auditor.
I think there was a lot more accountability placed in, a lot more looking over people's shoulders to make sure that things were being done properly, Nelson said.
In his letter, Sharer writes, I cant and wont work for people who have ambitions that exceed what is good for the people who live in St. Johnsbury... We, in many cases have been sold a bill of goods that is not necessarily what the public really wanted and need. I do not want to point fingers at anyone, but the individuals who are responsible know who they are, and I hope they understand that what they are doing is ethically wrong.
NewsChannel 5 called Sharer at home, but he said he did not want to discuss the issue further. NewsChannel 5 also contacted Grenier. She has not returned our calls.


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Classora is a knowledge base oriented to data analysis.
The goal of Classora is to integrate information from public sources (World Bank, IMF, CIA... etc), private sources and Internet users, enhancing the result with many added values. Among them we must include the ability of Classora to convert unstructured data into structured information schemas. As well as tools to represent information collected in different formats (charts, tables, graphs, maps... etc).


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WEDNESDAY, August 17
"America's Next Top Model" - (8:00-9:00 p.m. ET)
"Sonia Dara" (TG-PG, L)
SUPERMODEL SONIA DARA IS A GUEST JUDGE AND THE MODELS POSE FOR A MUD-COVERED PHOTO SHOOT - Tyra helps the girls discover their individual "fashion archetypes," and gives them tips on how to deal with fame. After a challenge that involves meeting and interacting with the public at the Century City Mall, the winners get a dinner out with Miss Jay, while the loser has a bit of a meltdown. At the shoot with photographer Jonathan Mannion, the models pose wearing mud, and almost nothing else. Supermodel Sonia Dara joins the judges' panel to decide which girl will be eliminated (#1606).


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Coffee cake
My first real cake, made with delicious coffee-flavored buttercream. It was really good, and simple! Because this cake doesn't require leveling, you can simply bake two layers separately, then stack them — a perfect recipe for beginners! :-)
I made my cake with normal instant coffee, but you can also use decaf coffee for same taste, but caffeine-free cake! :-)
I started my cake-making adventure lately, and the first, most basic cream used to ice the cake is the buttercream — it's very simple, and makes a delicious, thick and stable cake cream that you will love!
As you can see in the recipe image, I used it already in my vanilla butterscotch cupcakes, which got rave reviews from my friends and coworkers! :-) Unfortunately the cream alone is rather not spectacular, just a sweet, delicious blob of butter and sugar ;-)
German Zimtsterne (cinnamon almond cookies)
I always wanted to make these, and finally got the guts — oh boy, I wasn't really prepared for the amount of nitty-gritty with making these. I started with original German recipe that called for 500g of almonds, but that ended up being 2 full baking sheets and lots of sneaky snacking between steps ;-) But the result is good, and these cookies are worth the effort.
German vanilla Kipferl (cornetti)
One thing that I like about living in Germany is that during the Christmas time, locals cook and bake many delicious local dishes — one of them is Vanille-Kipferl, also known in other countries as Italian cornetti, French crossaints, or Polish rogaliki. But however you call them, they are basically very crispy cookies covered with vanilla sugar. And for this simplicity I absolutely love them :-)
Simple puff pastry
Do you remember these delightful ideas for folding puff pastry? This pastry dough is a miracle and the biggest accomplishment of French cooks. It's buttery in taste and fluffy, delicate and perfect for almost any baked recipe that is destined to impress. While this simple puff pastry is not as good as the original French recipe, it skips all that butter drama and difficulty, which will be a plus for less advanced cooks! Lightly knead the dough, let it rest in the refrigerator for some time and roll in one session.


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We are accepting walk-ins but appointments are HIGHLY RECOMMENDED due to COVID-19 occupancy restrictions in place at the Showroom. We are still accepting virtual appointments.
Thank you and we are looking forward to continuing doing business with you.
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Nintendo Jumps After Strong Results, OutlookBy Reuters - Print
Shares in Nintendo Co Ltd briefly jumped more than 5 percent after robust holiday sales of Wii and DS game machines helped more than double its quarterly operating profit and prompted it to raise its outlook above market expectations.
TOKYO (Reuters) - Shares in Nintendo Co Ltd briefly jumped more than 5 percent on Friday after robust holiday sales of Wii and DS game machines helped more than double its quarterly operating profit and prompted it to raise its outlook above market expectations.
Operating profit at Nintendo, creator of game characters Mario and Zelda, came to 205.3 billion yen ($1.9 billion) in October-December, up from 100.5 billion yen a year earlier, Reuters calculations showed.
As of 0109 GMT, Nintendo shares were up 3.6 percent at 55,000 yen after climbing as high as 55,900 yen. The benchmark Nikkei average was up 2.2 percent.
JP Morgan said Nintendo's sales and profits continued to outpace its expectations, and it raised its target share price to 80,000 yen from 75,000 yen while maintaining its "overweight" rating.
"Christmas season sales were even stronger than expected for the company's main product lines, including both software and hardware for the Wii and Nintendo DS," JP Morgan analysts Eiji Maeda and Yuko Sekine wrote in a note to clients.
"The company also made progress in cutting costs, particularly by restraining advertising spending more than we anticipated."
The Wii, which features a motion-sensing controller that looks like a TV remote control, the double-screened DS handheld unit and a range of innovative and easy to use games have attracted a wide range of new users including women and the elderly.
Wii sales topped Sony Corp's PlayStation 3 and Microsoft Corp's Xbox 360 in both the United States and Japan last year.
(Reporting by Aiko Hayashi and Nathan Layne; Editing by Hugh Lawson)
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O'PEN Skiff
The link between the optimist generation and the new generation of sailing dinghies.
For fun, recreation, perfection & racing
O'pen BIC celebrated its 10th birthday in 2016, along with the production of its 8,000th boat. Designed specifically for juniors, our little dinghy has blown a big breath of fresh air through our sailing world, close to the new-generation skiff concept, very fast and very simple. 100% open, self-bailing, rapid and responsive, with an up-to-date versatile rig, the O'pen BIC offers kids a machine that delivers maximum fun while helping them learn the skills and reflexes to enjoy racing on current, high-performance equipment. Hundreds of sailing clubs around the world have opted for the O'pen BIC, for a new, fun way of teaching sailing to appeal to youngsters attracted to new sail sports.
The O'pen BIC has also ruffled the feathers of the traditional race scene, with race formats and simplified rules that focus more on fun and improvement than just race results. Innovative courses and rules, on-water refereeing, and even freestyle encourage participation and a variety of sailing skills.
At international level, the class is more action-packed than ever, with an ever-increasing calendar of international regattas and events. This summer's World Championships in Quiberon, France, brought together 205 racers from 15 countries. Our best ever entry. In our homeland of Europe there are more and more participants and competitions : many nations are seeing a rapid growth of O'pen BIC fleet and taking advantage of that dynamic to encourage more and more young converts to sailing.
Some of the national championships offer a totally innovative take on competition sailing. UN Regattas in America and Australia are great examples, mixing a cocktail of anything-goes freestyle sessions with classic regatta racing, with the emphasis on fun as well as finesse.
Look out for the O'pen BIC to show-case this innovative "Un-Regatta" format when thirty-two VERY lucky youngsters are selected for the America's Cup Finals in Bermuda. O'pen BICs will be the half time show, broadcast world-wide, between Race #1 and Race #2 of the America's Cup Finals, June 17, 2017. Learn more about this exciting event on those pages.


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Antique Print of Duke Westminsters Hydroplane Pioneer Secret Myrto Palace Theatre1910 An antique reverse page print from the Illustrated Sporting and Dramatic News. Date if known will be in the title. Size of each print is approximately 11 x 16 inches (280 x 400 mm). All of these antique prints are the genuine article and not reproductions. Please check image carefully for any damaged such as foxing and tears.
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Have a story of interest to fellow alumni? Contact Law Quadrangle editor Katie Vloet at
or call 734.647.3589
By Katie VloetPhotography by Sailendra Kharel
Trouble was brewing in Nepal. Last year, tens of thousands of refugees from Bhutan who had been in Nepal for decades were in the process of being resettled around the world, but some 60,000 still remained in the South Asian country. The debate about whether they should at last be allowed to leave their camps and integrate in Nepal was complicated by disagreements about how to define who is a refugee, as well as what rights refugees should have. Common ground was nowhere in sight.
A Nepali nongovernmental organization (NGO) contacted Michigan Law Professor James Hathaway, one of the world's foremost experts on refugee law. Would he visit Nepal and discuss the options? He said he would, and he prepared to spend just a few days there.
Word spread that Hathaway was coming, and before long his itinerary was packed: meet with the refugees in their camps; speak to judges, government officials, attorneys, activists, and academics about the importance of a coherent set of legal protections for refugees; and discuss and critique draft refugee statutes developed by the NGOs at the government's request.
By the end of the trip, Hathaway not only had discussed and critiqued the drafts, but he unexpectedly had helped five NGOs meld the best elements of their proposals for refugee protection. The NGOs then combined those elements into a single version, which the government indicated it would work from. This was no small feat, notes Stephane Jaquemet, the representative in Nepal for the United Nations High Commissioner for Refugees (UNHCR), the group that hosted Hathaway.
"There were questions of ego, who had presented the best draft, some tension from one NGO to another," Jaquemet says. Some of the drafts, for instance, placed restrictions on the definition of a refugee. "They would not have been able to agree on something without the presence of Professor Hathaway."
The James E. and Sarah A. Degan Professor of Law and director of the Program in Refugee and Asylum Law (PRAL) at Michigan Law, Hathaway is one of a small number of globally regarded refugee law experts. He has helped to develop Michigan Law into a center of scholarship and education in the field.
The scope of PRAL is vast: the world's most comprehensive program for the study of international and comparative refugee law, with courses and workshops, worldwide refugee- and asylum-related fellowships, a biennial colloquium that sets guidelines for the evolution of refugee law, and the Refugee Caselaw Site, the world's leading site for access to and debate about the precedents on refugee law issued in more than 30 asylum countries.
"I wanted to do something here that no other school was doing, to truly focus on international refugee and asylum law rather than treating refugee protection as just an aspect of domestic immigration law," Hathaway recalls. "We have defined our niche very narrowly, and we have achieved preeminence in it."
The program begins for students when they take the Transnational Law course, typically in the 2L year. After that, they can enroll in the core course in International Refugee Law and the Refugee Rights Workshop, both taught by Hathaway. Each year, several of those students then go on to a Michigan Fellowship in Refugee and Asylum Law, which sends them around the world—including recent placements in Auckland, Brussels, Canberra (Australia), London, Lusaka (Zambia), Quito, and Washington, D.C.
Building on these courses and experiences is the Colloquium on Challenges in International Refugee Law, at which leading academic experts are invited to Ann Arbor to develop resolutions to a significant problem facing international refugee law. Students can enroll in a series of specialized seminars that research and prepare the groundwork for the Colloquium, and participate as colleagues with the invited experts.
The Colloquium has met five times, and each time has established a new set of unanimously agreed-upon Michigan Guidelines, which have become so highly regarded that judges and officials around the world often cite them in the shaping of judicial precedents and governmental policy. The Guidelines are published not only in English, but also in Arabic, French, and Russian.
"I really wanted the program to be an agent of change on a global level," which it has accomplished through the Michigan Colloquium, Hathaway says.
The history of refugee law at Michigan predates Hathaway's 1998 arrival. A symposium was held here as far back as 1981 on the Transnational Legal Problems of Refugees. Alexander Aleinikoff, a faculty member here from 1981 to 1987 who is now the UN's deputy high commissioner for refugees, taught asylum and refugee law, and Suellyn Scarnecchia, '81, oversaw the Asylum and Refugee Law Project Externship in the mid-1990s. When Hathaway was on leave to serve as dean of the University of Melbourne Law School, Penelope Mathew, a human rights and refugee scholar, took over as interim director of the Michigan program. And the Student Network on Asylum and Refugee Law (SNARL), now succeeded by Human Rights Advocates (HRA), has long been an important part of the school's effort to encourage the awareness and understanding of refugee and asylum issues.
But Hathaway is, to many, the primary person associated with the program. His presence is part of the reason that Ronald Olson, '66, and his wife, Jane, a longtime human rights activist who has chaired Human Rights Watch's board, decided to give a major gift to Michigan Law that supports PRAL. In addition to Hathaway's presence, they value the fact the deans—starting with Jeffrey Lehman, '81, and continuing today with Evan Caminker—have strongly backed the program.
"I feel that the law is about saving lives and preventing additional violence against people who are already victimized," says Jane Olson. "Ron decided we should give to the Law School's human rights programs, and particularly the refugee program. He did it as a surprise to me. It was the best gift he could have given to me, and a great and important gift to the Law School."
Hathaway's journey toward becoming a top refugee law expert began because he was in the right place at the right time, and was fluent in the right language.
Hathaway, then a 2L in the LLB program at Osgoode Hall Law School in Toronto, was doing advocacy work at the Parkdale Community Legal Services clinic. When a client came in who spoke only Spanish, Hathaway—the only one present who was fluent—worked on his case.
And so his refugee law career began with a young man named Leonardo who had been a 16-year-old high school soccer captain in Chile. The Pinochet regime had detained and tortured the boy for more than a year on suspicion that he was stoking opposition to the dictator. Now the young man needed the clinic's help to secure refugee status in Canada based on the then-novel claim that, though he wasn't in fact a political activist, his case should nonetheless be recognized on the grounds of "political opinion" because the government treated him as political.
"We won the case. Afterward Leonardo and his wife, Sandra—who both worked as dishwashers—invited me to dinner at the restaurant where they worked," Hathaway recalled. "Seeing them surrounded by their obviously ecstatic colleagues and new friends, seeing the look of pure joy and gratitude on their faces, drove home to me that this was the part of law I really wanted to build a career around.
"It was so clear to me that helping people to escape persecution and live in dignity is about as good as it gets."
That personal connection was part of his inspiration to continue in the field. But as someone with an undergraduate background in international politics, he was struck by the fact that despite being governed by a broadly subscribed international treaty, most states continued to treat refugee protection as little more than a branch of domestic immigration law. This meant that although the rules were in theory common, there were massive disparities in the quality of asylum around the world.
"I found an area where international law, if properly understood and conscientiously implemented, could make a difference, where getting it 'right' could literally be the difference between life and death. So when I returned to graduate school [Hathaway earned both an LLM and JSD at Columbia] to prepare for an academic career, I knew that refugee law was the area I wanted to spend years studying.
"My goal was to inject a human-rights perspective into the conversation."
His path took him from the Ecole de droit de l'Universite de Moncton (Canada), the world's first French-language common law program of study, where he was a founding faculty member; to the Canadian Department of Justice, where he was special consultant on legal assistance for the disadvantaged; to Osgoode, where he was a professor of law and associate dean; and to Michigan Law.
Along the way, he wrote The Law of Refugee Status (Butterworths, 1991), which is now recognized as the leading treatise on the central question of who qualifies for refugee status, and has been translated into Japanese and Russian. "I can't stress enough the impact he and that text have had on the development on refugee law," says Louise Moor, LLM '04, a member of the Immigration and Protection Tribunal of New Zealand.
This was followed by a pioneering interdisciplinary study on how to revamp the international protection system, Reconceiving International Refugee Law (Kluwer, 1997), and by the 1,000+ page The Rights of Refugees under International Law (Cambridge, 2005), winner of the American Society of International Law's Certificate of Merit and the first book to show how to meld Refugee Convention standards with norms of general international human rights law.
"Without a doubt," Moor says, "he is the leading scholar internationally in refugee law. You probably wouldn't find any leading decision in the world that doesn't make reference to his work."
Justice Tony North of the Federal Court of Australia, immediate past president of the International Association of Refugee Law Judges, has been in training sessions taught by Hathaway, and he cannot imagine what the field would be like without his influence. "I do know it would lack a certain inspirational spark."
North adds, "He's demonstrated wherever he's gone a great fearlessness in espousing the views he believes in." That fearlessness can put Hathaway at odds with his detractors, who may disagree with some aspects of his take on refugee law, but for Hathaway, North says, his passion for the work outweighs any instinct to be in unison with all other voices.
Perhaps the best gauge of the program's success is its worldwide reach. Hathaway speaks and trains around the world, has drafted the refugee laws for several countries and the European Union, and has been cited in more than 700 appellate court decisions around the world. He also draws students and collaborators with a wide range of national origins.
"I see his footprint everywhere," Jane Olson says.
The influence of the program is seen in the records of its graduates, many of whom now play key roles in the refugee and related fields. Some, like Moor and Seong Soo Kim (a PRAL visiting fellow in 2002–03, now an administrative law judge in Korea) decide asylum cases; some, like Taylor Garrett, '03, undertake on-the-ground protection work (first with the UNHCR, and now as a field officer in the Southern Africa Regional Office of the U.S. Agency for International Development/U.S. Foreign Disaster Assistance; see sidebar, page 21). Still others, like Libby Marsh, '01, currently Human Rights Watch's director of foundation relations in San Francisco, are active in the nongovernmental human rights world; or, like Michael Kagan, '00, now an associate professor at the University of Nevada, Las Vegas, are refugee law academics themselves. Many more have undertaken critical pro bono litigation on behalf of refugee rights.
And of course, every year PRAL Fellows are dispatched around the world to help governments and NGOs sort out important refugee and asylum issues.
But it is perhaps Hathaway's commitment to engaging personally with the most difficult refugee situations around the world that most clearly epitomizes Michigan Law's determination to harness academic insights in the service of real protection for refugees. In Nepal, for example, there is little question that Hathaway's influence will be felt for years to come. "Professor Hathaway's immense care in listening to those he met with, and demonstrating respect and appreciation for Nepal's humanitarian traditions, proved very effective in getting through to people at all levels," recalls Amit Sen, a protection officer with UNHCR Nepal. "During the week or so he spent in Nepal, he was able to create breakthroughs on a number of key issues of policy and protection where we had been hitting a wall for years.
"It was really quite extraordinary."
In 2012, PRAL will celebrate its 15th anniversary. We will tell the program's story on the Law School website and in other media. Please email us anecdotes, stories, and photos about your PRAL experience, at firstname.lastname@example.com.
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The Bark has been caught in the middle of the war between celebrities and the paparazzi — actress Eva Mendes was recently quoted that she'd prefer publications blur the faces of her dog, Hugo, a Belgian Malinois, and her boyfriend Ryan Gosling's pup, George (a mixed breed who has a very distinctive "Mohawk" fur-do) so that they are unrecognizable. "I'll go somewhere and they'll be like, 'Hey, Hugo!' and I'm like, 'How do you know Hugo's name? That's so creepy!' ".
Ms. Mendes has been in the news lately regarding testing a shock collar on herself she was considering for her dog in an effort to protect smaller dogs who may be at risk by Hugo's exuberant play style. But in calling for her dog's privacy has she gone too far? Bill Berloni, an entertainment industry dog trainer known for putting the pooches in the Broadway show "Annie" through their paces, said Mendes is smart to be cautious.
"With celebrity comes the price of fame," Berloni is quoted in an article that appears in today's Boston Herald. "There are crazy stalkers out there that want a piece of any celebrity, their clothing, a piece of their privacy. I don't think she's overreacting. I think she's wise." Bark's publisher, Cameron Woo, weighed in as well, though his statement is taken slightly out of context … "I've actually never heard of someone requesting they blur out pictures of their dogs," Woo said. "People are protective of their family. I know they do that often with their children for exactly that kind of safeguarding, but I've not heard that with dogs. It would be kind of hard to see a photograph of a dog and come upon that dog on the street and recognize her."
The bit they left out? " … unless the dog was attached to a leash with Eva Mendes at the end …"
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What do you think? Do dogs have a right to privacy—free of paparazzi?


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Interestingly, the paper version of "WIRED" magazine was "showcasing" a "green building" plan that had been given an award and if I remember right, selected for construction downtown NYC. It was somewhat tragic to be holding it in one's hands, and the events that "clouded" its excellent design and projected execution. "Scientific American" (who once had "the world's tallest windmill", designed by Stanford White on his Nissequogue, NY estate on Long Island, for pumping water, covered in shingles, its interior structure diagrammed, and begun as a NYC magazine) had also major skyscrapers I remember in its issue. I see also Prince Charles is against them, though the Maharishi would like one in the jungle of Sao Paulo, Brazil for 50,000 people to live out their lives, from birth to death, (Brasilia's streets a "bow and arrow" from the air.) Also about the same time was a skyscraper design from Germany with a GE like windmill in the middle of two curved joined towers. Will "green" issues be considered in the new construction?
(Edited by georgejmyersjr at 12:27 pm on July 22, 2003)


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As a person who, like Scott, has occasionally flirted with joining the minority group known as "Hefto-Americans," I tend to follow news about obesity and nutrition. And like Scott, I've become a huge fan of Gary Taubes—though a little less "huge" than I was a few years ago because of Taubes's advice.
But the news reported in the New York Times the other day that overweight people might actually have lower mortality risk than skinny people caused an extra arch in my brow. Couple this with other recent research suggesting there are early limits to the benefits of exercise for middle-aged people, and it's starting to look like we're coming around to Woody Allen's point of view in Sleeper (35 seconds of must-see video):
Hmm, could there be a deeper story behind this sudden revisionism? James Taranto perhaps identifies the backstory in his Best of the Web column today, pointing to a Scientific American article that finds the Food Stamp program, whose PMI (Policy Mass Index—my term of art) under Obama has soared, is driving an increase in obesity:
Participants in the U.S. Food Stamp Program have, on average, a body mass index (BMI) more than one point higher than nonusers, according to research published in the current issue of Economics and Human Biology. This difference was especially high for women: those buying their food with stamps carried around an average of 5.8 pounds more body weight. The researchers also found that BMI rose higher the longer participants received the stamps. . .
"Every way we looked at the data, it was clear that the use of food stamps was associated with weight gain," Jay Zagorsky, co-author of the study and research scientist at The Ohio State University's Center for Human Resource Research, said in a prepared statement.
Actually I'm surprised it has taken this long to start to figure out that fat government would lead to fat citizens eventually. So, will Mayor Bloomberg and other food nannies now propose to reduce Food Stamps along with 16-oz sodas and trans-fats? In other words, should we cut down on government as well as sugar? Are you kidding? More Bloomberg and the nannies will grab on to this new research about how obesity is overrated and say, "Never mind." So when can I have my super-size soda back?


text: Oy, vey. A lot of rape jokes have been made on primetime television this past year— like a lot a lot— and while a few have managed to land with a certain level of self awareness or humor (like Maya Rudolph in her ski suit on Up All Night) the majority are thrown about all-too casually and, generally, in extremely poor taste. Among the most guilty is 2 Broke Girls, a show that throws around rape jokes as often as they do outdated hipster references (the jokes, by the way, are as cheap as the set decoration), however the award for "Absolute Worst" has got to be a tie between Workaholics' "sleep assault" quip and Rob!'s accidentally-falling-over-on-a-passed-out-old-lady routine.