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subset: commoncrawl


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FAA names 6 states to develop coveted testing sites for drones
CINCINNATI — Ohio and Indiana have lost out on their joint bid to secure one of the Federal Aviation Administration's highly coveted test sites for unmanned aircrafts.
Michigan also had sought to be chosen too, but passed over as well.
The FAA on Monday announced six states that will develop test sites for drones, a critical next step for the march of the unmanned aircraft into U.S. skies.
Alaska, Nevada, New York, North Dakota, Texas, and Virginia will host the research sites, the agency said.
Members of Congress and other politicians lobbied intensely to bring the work to their states. Representatives were jubilant about the likelihood the testing will draw companies interested in cashing in on the fledgling industry.
An industry-commissioned study has predicted more than 70,000 jobs would develop in the first three years after Congress loosens drone restrictions for U.S. skies. The same study projects an average salary range for a drone pilot between $85,000 and $115,000.
Ohio and Indiana had hoped to improve their chances by combining forces and setting up the Ohio/?Indiana UAS Center & Test Complex based in Springfield, Ohio.
The proposal included several test ranges in southwest Ohio and southeast Indiana.
U.S. Sen. Rob Portman (R., Ohio) said Ohio would have been a good choice because of its deep roots in aerospace, noting that it's home to a U.S. Air Force research lab near Dayton and a NASA research center in Cleveland.
The FAA said its decisions were based on geography, climate, location of ground infrastructure, research needs, airspace use, aviation experience, and risk. "This is wonderful news for Nevada that creates a huge opportunity for our economy," said U.S. Sen. Harry Reid (D., Nevada), the Senate majority leader. In New York, Sen. Charles Schumer, a Democrat, called the announcement a boon for his state.
The test-site selections come as the United States prepares to open its skies to the unmanned aircraft that industry experts predict will generate thousands of jobs and billions of dollars in economic impact.
The competition for a test site was robust: 25 entities in 24 states submitted proposals, FAA Administrator Michael Huerta said.
States hoped winning one of the test locations would attract drone-related businesses and help them become a key player in what some market analysts describe as the most dynamic growth sector of the world aerospace industry this decade.
At least one of the six sites chosen by the FAA will be up and running within 180 days, while the others are expected to come online in quick succession, Mr. Huerta said.
However, the designation as a test site doesn't come with a financial award from the government.
Congress mandated that the FAA develop a plan by 2015 for safely integrating civilian drones into the national airspace, and the test sites are meant to ensure drones don't endanger people, planes, or property.
U.S. Rep. Mike Turner (R., Dayton), who helped craft the legislation requiring test sites, said southwest Ohio still can play a role in the development in drones despite losing out on its bid.
"Our region will benefit from being on the cutting edge of innovation and development in unmanned system," he said.
Military drones are increasingly being used overseas, and the FAA estimates as many as 7,500 small, commercial unmanned aircraft could operate domestically within the next few years.
Domestic drones, often resembling the remote-controlled model airplanes and helicopters flown by hobbyists, are expected to help monitor floods and other emergencies, survey crops, and assist search-and-rescue operations.
The growing use of drones has sparked criticism among conservatives and liberals who fear the creation of a surveillance state in which authorities track and scrutinize every move of citizens. "I just don't like the concept of drones flying over barbecues in New York to see whether you have a Big Gulp in your backyard or whether you are separating out your recyclables according to the city mandates," said Sen. Rand Paul (R., Ky.), referring to a New York City ban on supersized soft drinks.
Mr. Paul has introduced a bill to prohibit drones from checking for criminal or regulatory violations without a warrant.


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In a step toward curing diabetes in humans, scientists at Washington University School of Medicine in St. Louis have alleviated the disease in rats using transplants from both embryonic and adult pigs.
The rats adopted the pig transplants as their own and produced enough insulin to control their blood sugar ⎯ all without the need for anti-rejection drugs. The researchers report their findings online in the American Journal of Pathology.
Using a two-step approach, the researchers first transplanted a cluster of embryonic pig pancreatic cells into diabetic rats. These cells grow to become the pancreas, which houses the islet cells that produce insulin. The embryonic cells primed the rats' immune system to accept a second implant of islets from adult pigs several weeks later.
The new research ⎯ the first long-term, successful cross-species transplant of pig islets without immune suppression ⎯ raises the prospect that it may one day be possible to cure diabetes in humans using a similar strategy. Pig cells could overcome the shortage of human islets available from deceased donors and the need for transplant patients to take anti-rejection drugs for life.
"While human islet transplants have cured diabetes in some people, there are so few donors that only a small percentage of patients get transplants," says senior author Marc Hammerman, MD, the Chromalloy Professor of Renal Diseases in Medicine. "Moreover, those who receive human islet transplants must take anti-rejection drugs for the rest of their lives, so essentially they are trading daily insulin shots for immune-suppression drugs, which carry their own risks. Our research paves the way for a new approach to treating diabetes, one that features a virtually unlimited supply of islets and no need for immune suppression."
Pig insulin has been used to treat diabetes in humans, making the animals potentially good islet donors for humans with the disease. Insulin from pigs was routinely given to patients with diabetes until the 1980s, when DNA technology enabled pharmaceutical companies to manufacture human insulin.
In the new study, the researchers transplanted clusters of embryonic pig pancreatic cells into 10 diabetic rats that could not produce any insulin on their own and had very high glucose levels. The cells were retrieved from the pig embryos early in their development, which is believed to make them "invisible" to the rats' immune system or induce a state of immune tolerance.
As the immature pancreatic cells developed, they began to produce insulin, significantly lowering blood glucose in the rats, though not to normal levels. Then, eight weeks later, some of the rats underwent a second transplant of islet cells from adult pigs. Other diabetic rats in a control group did not receive any embryonic pancreatic cells but only adult pig islets.
After 12 weeks and for the several months that followed, the rats that got both the embryonic pig pancreatic cells and the islets had normal blood glucose levels, a strong indicator that the pig islet cells were producing ample insulin. The rats in the control group that received only embryonic pancreatic cells continued to have higher-than-normal glucose levels.
The researchers determined by multiple methods that the successfully transplanted pig islets had become established in the rats that had earlier received embryonic pancreatic cell transplants. In contrast, the pig islet cells underwent immune rejection in the rats that did not get the embryonic pancreatic cell transplants.
"This is a major advance and a completely new way to employ pig islets for the treatment of diabetes," Hammerman says. "In essence, first transplanting embryonic pig pancreatic cells enables adult pig islet implants to cure diabetes in rats without immune suppression drugs. We are now carrying out experiments to test whether the same transplant strategy works in diabetic non-human primates without using immune suppression drugs. If it does, we hope to evaluate pig cell transplants in people with diabetes."
In earlier research, Hammerman and his colleagues demonstrated they could cure diabetes in rats using larger quantities of embryonic pig pancreatic cell clusters alone, without the need for immune suppression drugs. But they hit a roadblock when they attempted the same transplant procedure in non-human primates. The embryonic pig pancreatic cells engrafted in the primates and lowered their blood sugar levels but not enough to wean the animals completely off insulin injections.
"Primates are much larger than rats, and we learned we would need to give them massive amounts of embryonic pig pancreatic tissues, which is not practical," Hammerman says. "Adult pig islets provide a more concentrated source of insulin and are easier to obtain. We are hopeful their ability to effectively control blood sugar levels in rats without an immune suppression requirement will carry over to non-human primates and eventually to humans."
Hammerman and lead author Sharon Rogers, research instructor of medicine, are leaders in the emerging field of organogenesis, which focuses on growing organs from stem cells and other embryonic cell clusters known as organ primordia. Unlike stem cells, which can become virtually any cell type, primordia are locked into becoming a particular cell type or set of cell types that make up an organ.
Funding from the Juvenile Diabetes Research Foundation and the National Institutes of Health (to Washington University's George M. O'Brien Center for Kidney Disease Research) supported the work.
Rogers SA, Mohanakumar T, Liapis H, Hammerman MR. Engraftment of cells from porcine islets of Langerhans and normalization of glucose tolerance following transplantation of pig pancreatic primordia in non-immune suppressed diabetic rats. American Journal of Pathology. DOI: 10.2353/ajpath.2010.091193. June 2010.
Washington University School of Medicine's 2,100 employed and volunteer faculty physicians also are the medical staff of Barnes-Jewish and St. Louis Children's hospitals. The School of Medicine is one of the leading medical research, teaching and patient care institutions in the nation, currently ranked fourth in the nation by U.S. News & World Report. Through its affiliations with Barnes-Jewish and St. Louis Children's hospitals, the School of Medicine is linked to BJC HealthCare.


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Tag Archives: NFL
It's Not Trash Talking If It's Reality..20 Jan
When you are the best—and you back it up—tell the world about it. Richard Sherman did that exact thing in an interview with Erin Andrews last night (poor Erin Andrews). The Seattle Seahawks took the lunch money from the San Francisco 49er's and told everyone. Oh yeah, the Denver Broncos beat the New England Patriots, but no one cares.
After NaVorro Bowman's knee injury/fumble recovery, Sherman took back the spotlight and let us all know. Don't get it confused, Sherman has been among the best for some time, especially in his own head, but he cemented that status last night.
A quick aside, Richard Sherman ain't no dummy, click that link and read about the man; he earned his Stanford degree and made himself into a household name. Normally a Cali Bro/West Coast guy, Sherman is burning his name into American life like a previous, and probably more despised, Sherman (history joke, heyo).
That is why people have it all wrong; trash talk is only trash if you are writing checks that your ass can't cash, and Sherman has been earning that cash all season.
That is why he has the respect of myself and (some) of the folks at Search Solution Group, why shy away from recognition or self-promotion if it is warranted? Wading through the world of the subpar and weeding out the true trash from the trash-talkers (think Freddy Mitchell) feels like something we do every day here at SSG.
The only thing from Seattle that Middle America has been paying attention to is Macklemore's sub-par/gimmicky rapping, for being one of the two best teams in the NFL, the Seahawks are largely anonymous. Until last night.
Long story short, if you deserve to be considered among, or the best; if you back it up consistently; by all means tell 'em about it. Have you heard of any of the San Francisco 49er's complaining? No. Because Richard Sherman and the Seattle Seahawks earned it.


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Potchefstroom Electronic Law Journal (PELJ)
On-line version ISSN 1727-3781
PER vol.15 n.5 Potchefstroom Dec. 2012
The relationship between courts and the other arms of government in promoting and protecting socio-economic rights in South Africa: What about separation of powers?
DM Davis
LLB, LLD (Hon), M. Phil (University of Cambridge). Judge of the High Court, Cape Town and Judge President of the Competition Appeal Court. Email: email@example.com
The model of constitutional democracy which is envisaged in the 1996 text of the Constitution of the Republic of South Africa (the Constitution) has been described as promoting 'a thick' conception of democracy. It is concerned with the empowerment of all citizens to participate in decisions that are crucial to the outcome of their life choices. At its most basic promise, the Constitution promotes a model of participatory democracy, by creating a series of representative institutions and enabling participation in decision making, both inside and outside of these institutions. Expressed differently, the Constitution promotes both participation through regular elections and enshrines a principle of accountability in terms of which government can be held accountable for particular aspects of its policy, particularly those which fail to pass constitutional muster. That leads to the second component of the model which introduces a substantive set of guarantees to ensure participation. The idea is that various institutions of State should work to promote and to vindicate basis democratic principles which are directed to accountable control of decision making and substantive political equality between citizens.1
To a considerable extent, the constitutional text encapsulates this vision in a number of provisions. In particular, section 7(2) of the Constitution creates an obligation on the State to 'respect, protect, promote and fulfil the rights in the Bill of Rights'. As was noted by the Constitutional Court in Glenister v President of the Republic of South Africa:2
This provision extends beyond a mere negative obligation not to act in a manner that will infringe or restrict a right. Rather it entails positive duties on the State to take deliberate reasonable measures to give effect to all the fundamental rights contained in the Bill of Rights.
In their majority judgment in Glenister, Moseneke DCJ and Cameron J noted that implicit in section 7(2):
is the requirement that the steps the State takes to respect, protect, promote and fulfil the constitutional obligations must be reasonable and effective.
The two justices continue:3
Now plainly there are many ways in which the state can fulfil its duty to take positive measures to respect, protect, promote and fulfil the rights in the Bill of Rights. This Court will not be prescriptive as to what measures the state takes as long as they fall within the range of possible conduct that a reasonable decision maker in the circumstances may adopt.
In this case, the Court considered that the State was required to take account of its international obligations in order to curb corruption in society and hence to ensure the creation of an independent entity which would combat corruption.4
The principles developed in Glenister followed, to a considerable extent, the approach which had previously been adopted by the Constitutional Court with regard to the enforcement of social and economic rights. In Mazibuko v City of Johannesburg, O'Regan J said: 5
Ordinarily it is institutionally inappropriate for a court to determine precisely what the achievement of any particular social and economic right entails and what steps government should take to ensure the progressive realisation of the right. This is a matter in the first place for the legislature and executive ... indeed it is desirable as a matter of democratic accountability that they should do so for it is their programs and promises that are subjected to democratic popular choice.
I have cited these important dicta from the Constitutional Court to emphasise that, in seeking to remain true to the twin principles that I have outlined, our Constitution envisages a dialogical conception of constitutional democracy. The three spheres of government are constituted as distinctive entities, but they are also interdependent and interrelated, as is evident from the dicta cited above. As Liebenberg notes in her important text:6
What is important however is that the branches of government remain engaged with each other in a manner which is open and respectful of the institutional strength and weaknesses of each other. Through this process the limits of each branch's institutional power will be continually defined and redefined as they respond to the multifarious challenges of South Africa's evolving constitutional democracy.
Conceptually, this model , which views the promotion and protection of human rights in the country as a product of a partnership, albeit somewhat adversarial, between the courts and the other arms of government, is sourced in a particular theory of constitutional politics which is both nuanced and sometimes contradictory. For the purposes of this speech, I can do no better than seek to capture these features of this model by citing Christodoulidis:7
Political power must present itself as conditioned - as giving expression to the constitutional order. The highest power in the community is thus sovereign only on condition that it is not; because on condition that its actions are valid, because imputed to the constitution that establishes the conditions by which the popular will can be expressed as sovereign. Law and democracy are reconciled only via the suppression of a paradox. Need we repeat, then, against all those who proclaim the return of the political in law, that constitutional politics is compromised politics, to the same measure that legal discourse is a compromised instance of practical discourse.
The tension between democracy and constitutional law plays out in uneven ways. Let me illustrate the most obvious problem: compliance with orders of courts. I accept that in numerous cases over the two decades of democracy the legislative arm of government has fashioned policy in terms of parameters fashioned by the courts. Similarly, specific policy which has been developed by the executive has taken account of the human rights jurisprudence developed by the courts over the past 18 years.
But there are signs of an increased and thus disturbing tension. Obviously, the most prominent of these cases relates to the difficulty which the Democratic Alliance has encountered in ensuring compliance with an order of the Supreme Court of Appeal in Democratic Alliance v Acting NDPP.8 In this case the court ordered that the Acting NDPP produce and lodge with the registrar of the court the record of the decision of 6 April 2009 to discontinue the prosecution of Mr Zuma. That order provided that the record should exclude the written representations made on behalf of the third respondent (Mr Zuma) and any consequent memorandum or report prepared in response thereto or oral representations if the production thereof will breach any confidentiality attached to the representations ('the reduced record'). It is about this reduced record that there is now considerable controversy, in that compliance remains no more than an expectation.
There have also been numerous other decisions, particularly involving the Department of Home Affairs which have proved to be equally problematic. In Somalia Association of SA v Minister of Home Affairs,9 which dealt with a decision to close a refugee office in Port Elizabeth, Mr Justice Pickering noted that:
It is disquieting that the second respondent (DG of Home Affairs) did not see fit to consult with the standing committee before taking the decision to close the reception office (which was in Port Elizabeth and was used by refugees).
Mr Justice Pickering went on to observe:10
Second respondent was required to consult with the standing committee should he be contemplating the closure of one of the reception offices with all of the negative and prejudicial consequences to vulnerable asylum seekers which would ensue therefrom.
My understanding is that the Department petitioned the Supreme Court of Appeal unsuccessfully but has continued to act regardless of this result. There had been a number of cases in which the same conduct has manifested itself and which has further required litigation without any apparent attempt by the Department to reflect upon the implications of whether its conduct complies with the highest standards of human rights. For example in Abdi v Minister of Home Affairs,11 two people, who had been deported from Namibia to Somalia through OR Tambo International Airport, were held in an inadmissible facility at that airport. The Minister of Home Affairs contended that, while the applicants were in this facility they were not legally in South Africa and hence South African authorities and courts held no jurisdiction over them. This argument was firmly rejected by the Supreme Court of Appeal. Bertelsmann AJA held:12
The argument that a South African court has no jurisdiction over the inadmissible facility by virtue of the fiction that it does not form part of the Republic's territory is wrong.
A legal mistake by the Department is understandable, namely, that it is possible to be given incorrect advice which is then corrected by the courts. What is much more problematic is the following observation by Bertelsmann AJA, on behalf of the Supreme Court of Appeal:13
It is a matter of a comment that the respondents were parties to that matter (Lawyers for Human Rights case) and the Constitutional Court rejected a similar argument that was advanced in the court below and before us.
There are numerous similar examples that should trigger a concern.14
As I hope I have made clear, the relationship between courts and other arms of government should be in a process of creative tension. But the emphasis should be on the creative. In other words, the object of the exercise is to ensure that all policy complies with the framework of our Constitution in general and the human rights guarantees in Chapter 2 in particular.
This background is not irrelevant to the specific topic of my paper. As Rosenberg15 observes, courts are more likely to produce significant social reform when other actors offer positive incentives to induce compliance and where those crucial to the implementation of court orders are willing to so act in co-operation.
With this observation, I turn to deal with the relationship between courts and the other arms of state within the specific area of provisioning and enforcement of socio and economic rights. Here the problem of creative tension is inherent in the distributional consequences of decisions which both lay down the scope of and enforce a socio economic constitutional provision. From the commencement of the court's engagement with socio and economic rights, there was a concern about the definition of the role and scope of courts in the development and enforcement of social and economic rights.
Thus, in the second socio-economic rights case heard by the Constitutional Court in Government of the Republic of South Africa v Grootboom,16 the Court tended to regard its role in the enforcement of socio economic rights as a secondary to the political process. To be sure, it utilised the administrative law concept of reasonableness to assess measures which a government agency had taken to give effect to the socio economic rights enshrined in the Constitution. Further, it buttressed the concept of reasonableness with a substantive principle, namely that those who are most desperately poor and in a situation of particular crisis should be attended to immediately by the relevant State agency; in the context of Grootboom, it meant that the government was required to provide the litigants who were very poor people with temporary shelter, pending the provision of permanent housing which, at a later date would fully ensure the vindication of their right of access to adequate housing as contained in section 26 of the Constitution.
That principle has however been deployed with greater caution in subsequent cases. Accordingly, in Mazibuko the court set out a very clear definition of its role:17
When challenged as to its policies relating to socio and economic rights, the government agency must explain why the policy is reasonable. Government must disclose what it has done to formulate the policy: Its investigation and research, the alternatives considered, and the reasons why the options underlying the policy was selected. The Constitution does not require government to be held to an impossible standard of perfection. Nor does it require courts to take over the tasks that in a democracy should properly be reserved for the democratic arms of the government. Simply put, through the institution of the courts, government can be called upon to account as citizens for its decision. This understanding of socio and economic rights litigation accords with the founding values of our Constitution and, in particular, the principles that government should be responsive, accountable and open.
Much criticism has been lodged against this approach, particularly for the failure of the Court to define and evaluate the interests at stake in the case; in other words, the evaluation of the interests of many households with insufficient water to meet their basic needs and who considered that the provision of their basic needs, as enshrined in the Constitution, had been frustrated by the policy of the City, as weighed up against the claim of the City that it had more pressing policy priorities, particularly the provision of basic water supply to informal settlements. For this reason, it has been argued that the Court in Mazibuko did not apply the Grootboom standard of substantive reasonableness satisfactorily so as to test the City's policy against a meaningful and concrete standard of review. In other words, critics of the Court have suggested that the Court should enquire as to whether the failure of the state agency, alternatively its refusal to address a particular state of affairs which flowed from a particular policy or interpretation thereof is reasonable in the circumstances. In this way, the Court would step into the shoes of the poor community faced with the particular problem which has given rise to the litigation, thereby placing the social and economic context of the litigants at the forefront of its analysis.18
To these criticisms, the response has been that courts have limited scope in this area, particularly because of the restraining influence of the doctrine of separation of powers. It is a point which has been made consistently by prominent political leaders over the last couple of years. To take but one example; President Zuma told Parliament on 15 March 2012 the following in answer to a question with regard to the role of courts:
The three arms of government have very clear distinct functions. Those must be respected. The function of this Parliament is to legislate and conduct oversight... that is its job. Whilst it is the arm that makes the laws, it does not interpret the laws. That is the duty of the judiciary that must check whether this arm has taken all the necessary constitutional understanding in making the law to ensure that it is not infringing on the Constitution. Is the law constitution?
That is the job of the judiciary. The executive must run the country; that is the job of the judiciary. The executive must run the country; that is its duty. In the process of all of this, these different arms respect one another. They work together, they must coordinate this, because they belong to one and the same state.
In turn, this line of argument has been used to suggest that the judiciary, because it does not 'run the country', should not intrude into core areas of social and economic policy. This observation is then invoked as a justification for an approach of extreme deference when deciding upon all aspects of government policy. From this vantage point, deference becomes the corollary to separation of powers
Fortunately, the Constitutional Court has examined the doctrine of separation of powers over some time, thereby providing far more subtle guidance to this potential problem. In particular, the Court has considered the argument that the doctrine of separation of powers will be undermined, if executive decisions are all too easily set aside and the judiciary then crosses a boundary into the executive's sphere. In Justice Alliance of South Africa v President of RSA,19 the Constitutional Court emphasised the importance of the doctrine of separation of powers in ensuring that courts are able to discharge their constitutional duty with regard to ensuing the legitimate exercise of public power. It cited an earlier decision in South African Association of Personal Injury Lawyers v Heath:20
The separation required by the Constitution between the legislature and executive on the one hand and the courts on the other, must be upheld, otherwise the role of the courts as an independent arbiter of issue involving the division of powers between the various spheres of government, and legality of legislative and executive action measures against the Bill of Rights and other provisions of the Constitution will be undermined.
The court has consistently noted that the doctrine of separation of powers does not mean that a court is impotent when faced with a constitutional challenge to a decision of the executive or legislation from the legislature. Most recently in Democratic Alliance v The President of the Republic of South Africa, Yacoob ADCJ (CC).
confirmed the rule that executive decisions may be set aside only if they are irrational. He said that the rule that:21
they are not ordinarily to be set aside because they are merely unreasonable or procedurally unfair has been adopted precisely to ensure that the principle of separation of powers is respected and given full effect.
He then went on to explain:22
It is therefore difficult to conceive how the separation of powers can be said to be undermined by the rationality enquiry. The only possible connection might be that rationality has a different meaning and content if separation of powers is involved then otherwise. In other words, the question whether the means adopted are rationally related to the ends and executive decision-making cases somehow involves a lower threshold than in relation to precisely the same decision involving the same process in the administrative context. This is wrong. Rationality does not conceive of differing thresholds. It cannot be suggested that the decision that would be irrational in an administrative law setting might mutate into a rational decision if the decision being evaluated was an executive one. The separation of powers has nothing to do with whether a decision is rational. In these circumstances the principle of separation of powers is not of particular importance in this case. Either the decision is rational or it is not.
What becomes important in assessing the task of courts when faced with the invocation of the doctrine of separation of powers appears to be less an emphasis about the doctrine and more about how a court works within the confines of the doctrine to promote a better dialogue between the legislature, executive and the courts. In turn the task should be directed to improve the principle of democratic accountability of public institutions and their commitment to constitutional rights.
This particular submission is luminously highlighted in the instructive article of Williams referred to earlier, in which she compares the approach of the German and South African Constitutional Courts, the latter in Mazibuko and the former in a case known as Hartz IV. This case concerned a review of social legislation which was introduced in Germany. The court was required to evaluate social legislation which introduced new social benefits. In its judgment the German Constitutional Court, engaged in a detailed examination of the evidence regarding the legislature's methodology in determining various social benefits, reviewed the calculations thereof and assessed whether both the initial calculations and subsequent changes were empirically justified and therefore plausible. Without an express constitutional provision of socio and economic rights in the governing constitutional text, the court worked with the fundamental right to human dignity in Article 1(1) of the German Constitution and found that the mandate of the court was to test whether a transparent calculation of a minimum level of subsistence had been provided with the new benefits and whether these new benefits could be justified in terms of the constitutional principle of dignity as the Court articulated it.
A comparison of the decisions in Mazibuko and Hartz IV reveals that, in both cases, courts were faced with the invocation of the doctrine of separation of powers. But the doctrine is not unambiguous and does not come to the courts in a neatly creased and folded manner. In both cases, it could be argued that the court adopted some principle of deference or, alternatively, respect for the institutional competence of the other two arms of state. But even where there is recognition of the primacy of the legislature in making a particular determination, very different judicial approaches can be formulated to test whether the legislature has passed legislation or the executive implemented policy which is constitutionally compliant. In other words, the concept of reasonableness, which initially in South Africa was coupled with a substantive requirement of the primacy of treatment for the poorest of the poor, is sufficiently flexible and the doctrine of separation of powers manifestly so ambiguous and indeterminate, that courts, even if fully committed to the doctrine of separation of powers, can adopt entirely different approaches to cases involving social and economic rights. That is evident in the far more intense judicial scrutiny of the legislature's calculations in Hartz IV than was the case with the calculations upon which the City of Johannesburg's water policy was based in Mazibuko.23
When courts police constitutional boundaries in which the executive or legislature operates, they must do so not in order to undermine the work of the other arms of government but rather because the Constitution is supreme and all policy formulation and the execution thereof must be constitutionally compliant. When the doctrine of separation of powers is invoked as an argument that 'policy is not for the judges', this doctrine itself has no unambiguous content that prevents the judicial function in enforcing social and economic rights.
I accept readily, as is evident from my brief discussion of non compliance with court orders, that the area of socio-economic rights and judicial interference into policy which is challenged in court is fraught with difficulty. However my argument has been, firstly that the doctrine of separation of powers does not connote a self evident meaning which automatically constrains the operation of courts in their contribution to the implementation of the thick model of democracy as promoted by our text. Further, as the Court in the Simelane case illustrated, the doctrine does not even prevent a court from interrogating a decision of the President for lack of rationality. How much more so, it must follow, may a court probe the reasonableness of social and economic rights provisioning, such test being grounded in the lived context faced by desperately poor litigants.
In the final analysis, only if all three arms of government work together can the ultimate product be the translation of the constitutional dreams set out in the majestic text of the 1996 Constitution into a practical reality for 51 million South Africans.
Brand D "Judicial Deference and Democracy in Socio-economic Rights Cases in South Africa" in Liebenberg S and Quinot G (eds) Law and Poverty: Perspectives from South Africa and Beyond (Juta Claremont 2012) [ Links ]
Christodoulidis E "Paradoxes of sovereignty and representation" 2002 TSAR 108-124 [ Links ]
Liebenberg S Socio-Economic Rights: Adjudication under a Transformative Constitution (Juta Claremont 2010) [ Links ]
Rosenberg GN The Hollow Hope: Can Courts Bring About Social Change? 2nd ed (Chicago of University Press Chicago 2008) [ Links ]
Williams LA "The role of courts in the quantitative - implementation of socio and economic rights: a comparative study" 2010 CCR 141-199 [ Links ]
Register of cases
Abdi v Minister of Home Affairs 2011 3 All SA 117 (SCA) [ Links ]
Democratic Alliance v Acting NDPP 2012 6 BCLR 613 (SCA) [ Links ]
Democratic Alliance v President of South Africa CCT 122/11, [2012] ZACC 24, 5 Oct 2012 [ Links ]
Eisenberg v Director General of Home Affairs (Case No 10043/2011, Western Cape High Court, 27 Nov 2012) [ Links ]
Glenister v President of the Republic of South Africa 2011 7 BCLR 651 (CC) [ Links ]
Government of the Republic of South Africa v Grootboom 2000 1 SA 46 (CC) [ Links ]
Justice Alliance of South Africa v President of the Republic of South Africa 2011 10 BCLR 1017 (CC) [ Links ]
Mazibuko v City of Johannesburg 2010 4 SA 1 (CC) [ Links ]
Somalia Association of SA v Minister of Home Affairs 2012 5 SA 634 (ECP) [ Links ]
South African Association of Personal Injury Lawyers v Heath 2001 1 SA 803 (CC) [ Links ]
List of abbreviations
CCR Constitutional Court Review
TSAR Tydskrif vir die Suid-Afrikaanse Reg
Keynote speech delivered on 16 November 2012 at the Konrad-Adenauer Foundation and Faculty of Law (NWU, Potchefstroom Campus) 3rd Human Rights Indaba on The Role of International Law in Understanding and Applying the Socio-economic Rights in South Africa's Bill of Rights.
1 See in particular Brand "Judicial Deference and Democracy".
2 Glenister v President of the Republic of South Africa 2011 7 BCLR 651 (CC) para 105.
3 Glenister v President of the Republic of South Africa 2011 7 BCLR 651 (CC) para 191.
4 See Glenister v President of the Republic of South Africa 2011 7 BCLR 651 (CC) para 200.
5 Mazibuko v City of Johannesburg 2010 4 SA 1 (CC) para 61.
6 Liebenberg Socio-Economic Rights 70.
7 Christodoulidis 2002 TSAR 123-124.
8 Democratic Alliance v Acting NDPP 2012 6 BCLR 613 (SCA).
9 Somalia Association of SA v Minister of Home Affairs 2012 5 SA 634 (EC P).
10 Somalia Association of SA v Minister of Home Affairs 2012 5 SA 634 (ecp) para 640.
11 Abdi v Minister of Home Affairs 2011 3 All SA 117 (SCA).
12 Abdi v Minister of Home Affairs 2011 3 All SA 117 (SCA) para 28.
13 Abdi v Minister of Home Affairs 2011 3 All SA 117 (SCA) para 21.
14 See for example Eisenberg v Director General of Home Affairs (Case No 10043/2011, Western Cape High Court, 27 Nov 2012).
15 Rosenberg Hollow Hope.
16 Government of the Republic of South Africa v Grootboom 2000 1 SA 46 (CC).
17 Mazibuko v City of Johannesburg 2010 4 SA 1 (CC) para 160-161.
18 See in particular Williams 2010 CCR 141.
19 Justice Alliance of South Africa v President of the Republic of South Africa 2011 10 BCLR 1017
20 South African Association of Personal Injury Lawyers v Heath 2001 1 SA 803 (CC) para 26.
21 Democratic Alliance v President of South Africa CCT 122/11, [2012] ZACC 24, 5 Oct 2012 para 41.
22 Democratic Alliance v President of South Africa CCT 122/11, [2012] ZACC 24, 5 Oct 2012 para 44. Own emphasis.
23 I am indebted for these insights to the article by Professor Williams as cited above.


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Google has thrown down the gauntlet to Apple's iPad today by lifting the lid on the Android 3.0 Honeycomb operating system, fully optimised for tablet computers.
The OS, first previewed on the Motorola XOOM tablet at CES last month, was unveiled in all its glory at today's event from Google HQ in San Francisco.
Big changes from the smartphone OS include new 3D graphics, multi-tasking, video chat, slick animations and a completely new interface that rivals the usability of Apple's iOS.
Multi-tasking and notifications
Initially, the homescreen is dominated by your apps, but offers a multi-tasking tab that brings up all of your running applications in an easy to navigate menu on the left hand side of the the screen.
There's also a neat-looking non-intrusive notifications system which brings them into the bottom right hand side of the screen allowing you to act on them at your convenience.
Likewise, key settings like screen brightness, media controls and connectivity can be accessed easily at the bottom right hand corner.
3D graphics and animations
Perhaps the most impressive aspect of today's presentation from San Francisco shows a complete revolution of the UI with some seriously attractive animations and 3D graphics.
Navigating around the interface is greatly improved over the mobile OS, with a series of gorgeous transistions that really adds a slickness not seen on tablets like the Samsung Galaxy Tab running Android 2.2.
On the homescreen you can flick through 'bubbled' widgets which present multiple stories, videos, emails or books without entering the application, giving easy access to your important information without entering the app.
Android 3.0 also showcases the new RenderScript 3D graphics platform which was best showcased by a new 3D video wall in YouTube and an exquisite page turning animation in the Books that makes the slickness of Apple's iBooks look a little passe.
You'll also be able to drag and drop into folders.
Google also announced the "Application fragment" functionality which will allow developers to present information in panes, just like in iPad applications like Twitter and BBC News.
In the Gmail application you can now open messages to the right of the folder, while pushing older tabs out to the left. Google thinks that it will allow developers to make apps more intuitive.
CNN also took to the stage to debut a new massively-impressive application tailored specifically to the Android 3.0 platform. Google also showcased a new video chat application to rival FaceTime.
New Android Market
Google also used the event to announce the arrival of a new Android Market webstore, likely unveiled to combat the threat of the forthcoming Amazon Android App Store.
Market.Android.com is live now.
It's also ditching the reliance on the US dollar as the main means of pricing apps. Applications will be priced differently in different markets.
Support for in-App purchases is also on the way for developers.
Check out the video of the demo - that is, if you have a spare hour:


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There are animals with badass names, and then there's the Ozark Hellbender. This salamander-like creature might sound like a reject from a particularly gritty and/or rural episode of Avatar: The Last Airbender, but it's actually a critically endangered species.
The St. Louis Zoo and the Missouri Department of Conservation have worked for over a decade to set up the first captive breeding program for the species, which is found throughout the Ozarks of Missouri and Arkansas. Not that long ago, there were as many as 8,000 hellbenders found throughout the region, but now that number has dwindled down to just 600, earning it a place on the federal endangered species list as of this October.
The Ozark hellbender, which has the equally awesome nicknames of "snot otter" and "old lasagna sides", is one of the largest salamanders in all North America, capable of reaching up to two feet in length. Its body is slippery and flattened, allowing it to zip through the water and squeeze under rocks on the bottoms of streams.
The animal is worth saving beyond its unusual appearance and kickass name. It's also like the river version of the famous canary in a coal mine, meaning its own health can serve as a useful barometer for the safety of its ecosystem, including any potential risks for humans. The St. Louis Zoo's Jeff Ettling explains:
"Capillaries near the surface of the hellbender's skin absorb oxygen directly from the water — as well as hormones, heavy metals and pesticides. If there is something in the water that is causing the hellbender population to decline, it can also be affecting the citizens who call the area home."
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The captive breeding program has brought together two wild-born hellbenders, and they've already produced 63 baby hellbenders who will soon be released into their natural habitat. The scientists estimate they have about 15 to 20 years to reverse this decline and avoid extinction.
Via the St. Louis Zoo.


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While it can take years and years to make a movie, it only takes like two hours to watch one, so I saw a whole bunch this year. While I didn't love all of them, I bet some of you will!
You should see this movie if you…
Stories We Tell (2012, USA)
Fantasize about having a different biological dad.
Her (2013, USA)
Eagerly await robosex.
Short Term 12 (2013, USA)
Want to believe those ragtag, troubled youths are going to make it after all.
The Class (2008, France)
Want to believe those ragtag, troubled French youths are going to make it after all.
Frances Ha (2012, USA)
Believe Greta Gerwig may be adorable and want to spend two hours testing whether or not that really is the case.
Philomena (2013, UK)
Believe Dame Judi Dench may be adorable and want to spend two hours testing whether or not that really is the case.
The Act of Killing (2013, Norway/Denmark/UK)
Want to see the movie with the most "holy shit" moments per minute. In case you're not familiar, this movie is a documentary in which actual killers re-enacting their killings in the style of various film genres.
Breaking The Waves (1996, Denmark)
Want to see something super morally reprehensible. Every year I end up talking myself into watching a Lars von Trier movie, and every year I end up angry at having spent a long-ass time only to end up quaking with rage at the horrible implications of the events that transpire. In the case of Breaking The Waves, the moral of the story is ostensibly that you should follow your own path toward faith rather than that of a dogmatic church, but what this works out to in practice is that you should always do exactly as your husband tells you, even if it literally means going onto a pirate ship with the explicit intention of being raped to death.
The Hunt (2012, Denmark)
Want to see something marginally less morally reprehensible than Breaking The Waves. For having produced Borgen, AKA the Greatest TV Show Evar, Denmark sure has come up with some objectionable-ass movies. This one's basically about how children are always going around accusing adults of raping them and we shouldn't believe them.
Sightseers (2012, UK)
Believe a boring couples vacation can be livened up with a bunch of random, gratuitous murders.
The Hunger Games: Catching Fire (2013, USA)
Saw the first Hunger Games and thought, "You know what would make the sequel perfect? If nothing whatsoever was different!"
Gravity (2012, USA)
Hate movies with accurate titles. All they do is float! Honestly, the only way this could be topped is if 12 Years a Slave were called Unionized Workspace.
Flight (2012, USA)
Love accurate movie titles. It's "Flight", not "Flights" for a reason. This movie has exactly one exciting flight scene followed by fifty boring drinking scenes.
My Winnipeg (2007, Canada)
Want to believe that the most popular TV show in Winnipeg is one in which an oversensitive man takes offense at something and then needs to be talked out of suicide. I mean, it might be true.
12 Years a Slave (2013, USA)
Want to see Brad Pitt play cast himself in the most self-indulgent role in film history.
Bande a Part (1966, France)
Enjoy fun dancin'!
Closely Observed Trains (1966, Czechoslovakia)


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Mumbai: The Kapoors - Rishi, Neetu and their son Ranbir, and actor Anil Kapoor - took the celebrity quotient on the semi-final weekend episodes dance reality show 'Jhalak Dikhhla Jaa 6' to a new high.
Anil visited the show to promote his upcoming action-thriller '24', which is also his debut TV production, while Rishi, Neetu and Ranbir were there to create a buzz for forthcoming 'Besharam', which unites the trio on the big screen for the first time.
'Jhalak Dikhhla Jaa 6' is judged by actress Madhuri Dixit, filmmaker Karan Johar and choreographer-director Remo D'Souza.
Anil and Madhuri recreated their old romance on the sets of the show by dancing to their popular songs 'Dhak dhak', 'Koyal si teri boli' and 'Kehdo ki tum meri ho warna'.
'Jhalak Dikhhla Jaa 6' is nearing its grand finale now, and there are five celebrity contestants left to fight it out for the trophy.
The top five contestants are actress Drashti Dhami, singer Shaan, dancers Lauren Gottlieb and Mukti Mohan, and 'India's Got Talent' winners Sonali and Sumant.
The weekend show airs on Colors channel.


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What is the lymphatic system?
The lymphatic system is a part of the body's immune system. It works to fight disease and infection. The lymphatic system goes through many changes throughout a child's growth. Before birth, a baby is protected by the mother's immune system. At birth, a newborn's lymphatic system begins to respond to the regular exposure to new antigens. Antigens are organisms and diseases. The lymphatic system grows steadily until puberty, when a child's growth slows.
Parts of the lymphatic system
The lymphatic system includes:
Lymph. This is a fluid. It moves all around the lymph system. It contains a type of white blood cells called lymphocytes.
Lymphocytes. These are white blood cells that fight infection and disease.
Lymph vessels. These are tiny tubes that carry lymph fluid around the body.
Lymph nodes. These are small, bean-shaped organs. They act as filters for the lymph fluid as it travels through the body. Lymph nodes are found in the underarms, groin, neck, chest, and abdomen.
When lymph nodes swell
Children are constantly fighting off new germs and infections. Their lymphatic system quickly responds to these antigens. When this happens, lymph nodes often swell. This is known as lymphadenopathy. It's common for children to have slightly enlarged lymph nodes in certain areas of the body some of the time.
But changes in the lymph nodes can also mean certain conditions or diseases that need special treatment. In some cases, swollen lymph nodes are caused by:
Lymphangioma. This is a group of lymphatic vessels that forms a mass or lump. A cavernous lymphangioma contains greatly enlarged lymphatic vessels.
Cystic hygroma. This is a large pocket of lymph fluid (cyst). It is caused by blocked lymph vessels. A cystic hygroma may contain multiple cysts connected to one another by the lymphatic vessels.
Lymphoma. This is cancer of the lymph system. The cancer causes the cells in the lymph system to reproduce abnormally. It causes the lymph nodes to swell, and makes the body less able to fight infection.
Talk with your child's health care provider if you have questions or concerns about your child's health.


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Thursday 11/14/2013
CLEMSON, SC – Clemson held Delaware State to just 14 second half points and matched its best scoring defense output under Head Coach Brad Brownell in a 58-37 victory Wednesday at Littlejohn Coliseum. The Tigers moved to 2-0 with the win, while the Hornets fell to 1-2 after the loss.
Clemson's defense stole the show Wednesday, limiting Delaware State to 27 percent shooting overall – including a 4-for-24 effort in the second half. The 14 points were the fewest allowed in a half under Brownell, who has coached 98 games at Clemson. Conversely, the Tigers shot 41 percent overall and 79 percent at the free throw line. Clemson also possessed a 2-to-1 assist-to-turnover ratio (14-7).
Damarcus Harrison reached double figures for a second straight contest and led all scorers with 15 points on the night. He made 4-of-8 shots, including 2-of-4 from long distance. K.J. McDaniels was the game's only other player in double figures with 11.
Jaron Blossomgame got Clemson going with his energy early on. He was a force on the offensive glass against Delaware State's zone, and found himself open on a nifty pass inside from McDaniels for his first collegiate dunk to put the Tigers up 5-4. A couple of Hornet turnovers later and three-pointers by Jordan Roper and McDaniels suddenly saw the lead pushed to 11-4.
The action went back and forth for the next several minutes until Clemson's lead grew to 13 on a power move inside by Blossomgame, who finished with eight points and eight rebounds. After the Hornets cut the lead to nine, McDaniels rose above the crowd to follow a Harrison miss with his first signature dunk of the season to make it 28-17.
Harrison then got in on the action, collecting a steal up top with 1:26 to go and slammed home his ninth point of the half to make it 31-19. But Delaware State's Jason Owens sank a 12-footer as time expired to pull his team within nine at halftime, 32-23.
The Tigers came out a step slow to start the second half, but amped up behind a jam inside from McDaniels and another three from Harrison, as the lead grew to 42-27. Clemson pushed its lead to a 17-point margin after Adonis Filer scored on a fast break and Blossomgame followed with a long two. Clemson enjoyed a 20+ point lead much of the final 10 minutes thanks to a suffocating defense.
The Tigers return to action Sunday to host archrival South Carolina at 5 p.m. Call 1-800-CLEMSON or visit ClemsonTigers.com for ticket information.
March 15, 2023
March 14, 2023


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You are currently browsing the daily archive for December 17, 2007.
Small indie tugs need character maybe? Can you beat the color of Jenny Anne and Hubert Bays? Do you suppose fashion designers seek inspiration here?
Donjon's Thomas D. Witte sports the best ice-blue under a wintry sky.
Barents Sea project exotic shapes to match their names against a monochomatic Staten Island and Bergen Point. That's the west pylon of Verrazano upper left, 600+ feet high over the north ridge of Staten Island. More on the bridge soon.
Odin, Sakura Express, Kimberly Turecamo (right to left) eastward toward night movements.
All photos by Will Van Dorp


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A Bloomington woman suffered fatal injuries Thursday night when she crashed a vehicle into the back of a stopped tractor trailer in Rialto.
Mary Ellen McFarland, 72, died at Arrowhead Regional Medical Center in Colton at 5:48 p.m., San Bernardino County coroner's officials said.
McFarland was driving east on Valley Boulevard at 5:10 p.m. when she hit the big rig.
Reach Melissa via email or call her at 909-386-3878.
Get the latest crime and public safety news on Twitter @IECrime.


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Kanye West says people look at him 'like Hitler'
EASTNOR CASTLE DEER PARK, England (AP) -- Kanye West says he feels like people look at him like Hitler.
The 34-year-old rapper known for his outbursts was the headline act at the Big Chill music festival Saturday night, where he ranted in the middle of his set about being misunderstood and underappreciated.
"I walk through the hotel and I walk down the street, and people look at me like I'm (expletive) insane, like I'm Hitler," he said. "One day the light will shine through and one day people will understand everything I ever did."
West received light boos from the crowd as a result.
The performer also defended the music video for his song "Monster," which features cannibalism and girls hanging from their necks.
"Who saw the video before it got banned, before they took it down and before women's groups starting saying that a person that lost the most important woman in his life is now against women in some way?" asked West, referring to the 2007 death of his mother Donda West.
West, who started his set roughly 30-minutes late, apologized to the crowd for his tardiness, saying he needed to make sure his performance was great.
"Michael Jordan changed so much in basketball, he took his power to make a difference. It's so much (expletive) going on in music right now and somebody has to make a (expletive) difference," he said.
The multiplatinum-seller is known for his outspokenness, most notably his diss toward Taylor Swift at the 2009 MTV Video Music Awards, where he grabbed the microphone from her as she accepted the award for best female video and said Beyonce should have won it. In 2005 he said "George Bush doesn't care about black people" during a Hurricane Katrina telethon.
At the music festival, West talked about some of his awards show drama, saying some of his sponsorships were canceled as a result.
But West closed his show on a positive note by paying tribute to Amy Winehouse.
West, who said he met the late singer a few years ago during Paris fashion week, played snippets of Winehouse's "Tears Dry On Their Own" and "Back to Black." He said it was "beautiful" to meet the performer and that she was "amazing."
Then, in Kanye fashion, he began to rant.
"Thank you for protecting your artists that are still here," he said to the crowd. "This is for McQueen, for Amy, for Michael and for all the media, can you lighten up on all your artists that are still here?" he asked, receiving a roaring cheer from the crowd and leaving the stage with his 3-man band and 20-something backup dancers.


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