At the trial of an action of tort upon a plea of nul tiel corporation, evidence that the plaintiff, after filing a defective certificate of incorporation under a general corporation law, acted for years as a corporation, and recovered a judgment as such in a similar action against the defendant without any objection made to its capacity to sue is competent and sufficient to prove it a corporation de facto, and therefore entitled to maintain this action.
Misnomer of a corporation plaintiff is pleadable in abatement only, and is waived by pleading to the merits.
Baltimore & Potomac Railroad v. Fifth Baptist Church, 108 U. S. 317, approved.
At a trial by jury in a court of the United States, the presiding judge may express his opinion upon matters of fact which he submits to their determination.
In an action for the continuance of a nuisance, the jury cannot, for the purpose of reducing the damages, take into consideration judgments recovered for the earlier maintenance of the same nuisance.
obstruction of access to the plaintiff's building by the defendant's unlawful use of its side track in front of it.
The plaintiff heretofore brought in the court below a similar action against the defendant for maintaining the same nuisance from April 1, 1874, to March 22, 1877, and at the trial thereof on the general issue recovered a verdict and judgment for $4,500, which was affirmed by this Court, and the amount thereof, with interest, was paid by the defendant. Baltimore & Potomac Railroad v. Fifth Baptist Church, 108 U. S. 317.
The declaration was headed "The Fifth Baptist Church of Washington, D.C., by Its Trustees v. The Baltimore and Potomac Railroad Company," and alleged that the plaintiff was a body corporate in the District of Columbia under and by virtue of the General Corporation Act of May 5, 1870, c. 80, § 2, 16 Stat. 99, 100; Rev.Stat. D.C. §§ 533-544.
"That the said plaintiff was not at the time of the commencement of this suit, and never was, a body corporate of politic, as set forth and alleged in and by said declaration."
2d. Not guilty. The plaintiff joined issue on these pleas.
called 'The Island Baptist Church'), and that this certificate is made, signed, and sealed for the purpose of obtaining corporate rights and privileges for the said 'Fifth Baptist Church,' a religious society worshipping at present in their church edifice on D Street South, between Four and a Half and Sixth Streets in said City of Washington, under the provisions of an Act of Congress approved May 5, 1870, entitled 'An act to provide for the creation of corporations in the District of Columbia by general law.'"
"In testimony whereof, we hereunto set our hands and affix our seals this twenty-fourth day of August, in the year of our Lord one thousand eight hundred and seventy-one."
Annexed to this paper were a notary public's certificate of its acknowledgment on the same day by these six persons, an affidavit of one of them, dated May 1, 1885, that the statements in the certificate of incorporation were true, a memorandum of the recorder that the paper was recorded September 5, 1871, and another memorandum that it was recorded May 1, 1885.
2d. A recorder's copy of the certificate of incorporation, acknowledgment, and affidavit, as recorded May 1, 1885.
3d. That in the year 1871, it became necessary for the plaintiff, in order to complete its church edifice, to borrow money upon a mortgage of its land, and that to promote this object, and upon the recommendation of its finance committee, a special meeting was called, and was held on July 2, 1871 at which the church (which had been known as the "Island Baptist Church") resolved to become incorporated under the name stated in the above certificate of incorporation, and elected as its trustees the six persons named therein, and fixed their term of office at three years, and thereupon that certificate was prepared and signed by the trustees and recorded.
to execute the deeds, and conveying the church building and land, in trust and by way of mortgage, to secure the payment of various sums of money.
5th. Two deeds of release of the same building and land, dated No. 9, 1874, from the grantees to the grantors in the first two of the trust deeds aforesaid.
6th. The record of the judgment in the former action between these parties.
"that its present church edifice was begun about the year 1866, and was completed at a cost of about $22,000, exclusive of the ground; that the property is worth about $30,000, and has been occupied and used by the plaintiff's society or congregation since the year 1867 as its place of religious worship, and that during the period covered by this suit its actual church membership, consisting, as in all Baptist churches, of persons who have been baptized after a profession of faith, numbered about four hundred persons, exclusive of the persons attending services there, as members of the congregation who were not members of the church."
is all that is necessary to enable it to maintain an action against anyone other than the state who has contracted with the corporation, or who has done it a wrong. Bank of the United States v. Dandridge, 12 Wheat. 64, 25 U. S. 72; Conard v. Atlantic Ins. Co., 1 Pet. 386, 26 U. S. 450; Chubb v. Upton, 95 U. S. 665; Williamsburg Ins. Co. v. Frothingham, 122 Mass. 391; Searsburgh Turnpike Co. v. Cutler, 6 Vt. 315; Cincinnati &c. Railroad v. Danville & Vincennes Railroad, 75 Ill. 113; Stockton & Linden Co. v. Stockton & Copperopolis Railroad, 45 Cal. 680.
It is objected that the evidence admitted, if sufficient to prove that the plaintiff was a corporation, did not prove that it was the corporation which brought this action, because the evidence was that the corporate name was "The Fifth Baptist Church of Washington, D.C.," whereas the action, as stated in the declaration, was brought by "The Fifth Baptist Church of Washington, D.C., by Its Trustees."
It may well be doubted whether the words "by its trustees," as here used, are part of the name of the plaintiff. They may have been inserted, like "by attorney" or "by next friend," to indicate by whose agency, and not in whose behalf, the action is brought. By the general corporation act, both the title in real estate and the right to sue are vested in the trustees "by the name and style assumed as aforesaid" -- that is to say, in the name and behalf of the corporation. Act May 5, 1870, c. 80, § 2, 16 Stat. 99, 100; Rev.Stat.D.C. §§ 534, 539, 540.
But if these words in the declaration can be taken as part of the plaintiff's name, the most that is shown is a mistake in that name. While nul tiel corporation, or that the plaintiff is not and never was a corporation, is a good plea in bar, because it goes to show that the plaintiff can never maintain any action whatever, yet misnomer, or mere mistake in the name of a corporation plaintiff, which does not affect its capacity to sue in the right name, is pleadable in abatement only, and is waived by pleading to the merits. Bro.Ab. "Misnomer" 73; Society v. Pawlet, 4 Pet. 480, 29 U. S. 501; Christian Society v. Macomber, 3 Met. 235, 237; Gould Pl. c. 5, § 79.
Upon the issue of not guilty, the plaintiff and the defendant respectively further introduced evidence similar to that given at the trial of the former action, and stated in 108 U.S. 108 U. S. 318-320.
"If the jury find from the evidence that the church property of the plaintiff, described in the declaration, was acquired and held as a place or religious worship by said plaintiff before the engine house and repair shop of the defendant were built, and that said engine house and repair shop, during the three years immediately preceding the filing of the declaration, as they were used by the defendant, rendered it impossible for the plaintiff to occupy its building with comfort as a place of public worship; that the hammering in the shop, the rumbling of the engines passing in and out from the engine house, the blowing off of steam, and the smoke from the chimneys, with its cinders, dust, and offensive odors, created during said period a constant and serious disturbance of the religious exercises of the church; that the noise was frequently so great that the voice of the pastor while praying or preaching could not be heard; that the chimneys of the engine house were, during the three years embraced in this suit, allowed to continue lower in height than the windows of the church, and that smoke and cinders from them were thrown into the church in such quantities as to cover the seats with soot, and soil the garments of the worshipers; that disagreeable odors, added to the noise, smoke, and cinders, rendered the place uncomfortable as a place of worship and unsuitable for the purposes to which it was devoted, then the plaintiff is as a matter of law entitled to recover, and it is the duty of the jury to measure in damages the extent of the injury suffered by the plaintiff from these various grievances during the three years immediately preceding the bringing of this suit."
and discomfort to have been occasioned, thus tending necessarily to destroy the use of the building for the purposes for which it was erected and dedicated. The congregation had the same right to the comfortable enjoyment of its house for church purposes that a private gentleman has to the comfortable enjoyment of his own house, and it is the discomfort and annoyance in its use for those purposes for the three years covered by this suit which is the primary consideration in allowing damages. There may be no arithmetical rule for the estimate of damages. There is, however, an injury, the extent of which the jury may measure."
It is objected to these instructions that the evidence did not warrant the assumption that the use of the defendant's engine house and repair shop rendered it "impossible" for the plaintiff to occupy its building with comfort; or that the noise, smoke, and cinders created a "constant" disturbance; or that the voice of the preacher, while praying and preaching, "could not be heard;" or that the smoke and cinders were thrown into the church in such quantities as to "cover the seats with soot;" or that there had been inconvenience and discomfort caused to the congregation, "tending necessarily to destroy" the use of the building for the purposes for which it was erected and dedicated.
But all the expressions objected to were taken from the opinion of this Court in the former case, and are open to no just exception in matter of law. 108 U.S. 108 U. S. 329, 108 U. S. 335. And if they can be construed as expressing an opinion upon the facts, the expression of such an opinion is within the discretion of the judge presiding at a trial by jury in any court of the United States, and, when no rule of law is incorrectly stated and all matters of fact are ultimately submitted to the determination of the jury, cannot be reviewed on writ of error. Vicksburg & Meridian Railroad v. Putnam, 118 U. S. 545; United States v. Philadelphia & Reading Railroad, 123 U. S. 113; Lovejoy v. United States, 128 U. S. 171.
"But the fact of such previous recoveries against the defendant is not admissible for the purpose of reducing the amount of damages, if any, to which the jury may find the plaintiff is justly entitled in the present action."
"was to give the jury an opportunity to equalize the verdicts, should they deem either of the other two either too high or too low, and to do justice according to their notions."
But the jury in the last case had nothing to do with the assessment of damages in either of the earlier cases. The three actions were brought to recover damages for injuries during distinct and successive periods of three years each. The former action was not for damages which were the necessary or natural effect of the erection of the defendant's structures, which might be recovered once for all; but it was for the injury suffered before the commencement of that action by reason of the wrongful use of those structures. And each of the present actions was brought not for damages consequential upon the injury for which the plaintiff had already recovered judgment, but for damages caused by the new injury from the continuance of the nuisance, which could only be recovered in each action for the three years before its commencement. The judgments recovered in the former action, and in the first of the present actions, could not, therefore, have any effect to bar the last action, or to diminish the measure of the damages to be recovered by it. Troy v. Cheshire Railroad, 3 Foster 83, 102; Warner v. Bacon, 8 Gray 397, 402, 405-406; Fowle v. New Haven & Northampton Co., 107 Mass. 352, 355, and 112 Mass. 334.
"Indeed, every continuance of a nuisance is held to be a fresh one, and therefore a fresh action will lie, and very exemplary damages will probably be given if, after one verdict against him, the defendant has the hardiness to continue it."
If the damages assessed by the jury in either of these two actions were thought excessive, the defendant's only remedy was by motion for a new trial in the court below, and that has already been resorted to without success. 5 Mackey 269.


text:
Don't you find that the increase of bibliometric sites becomes very pathetic?
or to signal a broken link.
World Scientific, 2016, Lecture Notes Series, Institute for Mathematical Sciences, National University of Singapore: Volume 32.
editors: Jean-Pierre Banâtre, Pascal Fradet, Jean-Louis Giavitto, Olivier Michel.
Jean-Louis Giavitto, Sharing (musical) time between machines and humans: simultaneity, succession and duration in real-time computer-human musical interaction. In Beyond Logic Proceedings of the Conference held in Cerisy-la-Salle, 22–27 May 2017 (invited chapter pp. 3-5 and slides pp. 41-74). DOI 10.15496/publikation-18676.
Antoine Spicher and Jean-Louis Giavitto. Interaction-based Programming in MGS. In A. Adamatzky (Ed.), Advances in Unconventional Computing - Vol. 1 Theory, pp. 305-342. Volume 22 in Emergence, Complexity and Computation series. Springer. Under press, publication planned in 2017. DOI 10.1007/978-3-319-33924-5.
Jean-Louis Giavitto and Antoine Spicher. A Topological Approach of Musical Relationships. In Mathemusical Conversations: Mathematics and Computation in Music Performance and Composition. Edited by E. Chew. vol. 32, Lecture Notes Series, Institute for Mathematical Sciences, National University of Singapore. Publisher: Imperial College Press and World Press. ISBN: 978-981-3140-09-7. Contributeurs: Moreno Andreatta, Gérard Assayag, Jeanne Bamberger, Margaret Boden, Jean-Paul Bourguignon, Clifton Callender, Richard Cohn, Eran Egozy, Noam Elkies, Stephen Emmerson, Jean-Louis Giavitto, Don McLean, Christopher Raphael, John Rink, Ruth Rodrigues, Paul Schoenfield, Dmitri Tymoczko.
Stefan Dulman, Jean-Louis Giavitto, Antoine Spicher and Mirko Viroli. Spatial computing - Special Issue of The Knowledge Engineering Review. DOI: https://doi.org/10.1017/S0269888916000205. Published online: 29 November 2016.
Jean-Louis Giavitto. Du temps écrit au temps produit en informatique musicale. Chapitre de Produire le temps, édité par H. Vinet. Hermann avril 2014. 238p. Contributeurs : Yves André, Gérard Berry, Antoine Bonnet, Nicolas Donin, Laurent Feneyrou, Patrick Flandrin, Jean-Louis Giavitto, Philippe Manoury, François Nicolas, Thierry Paul, François Regnault, Pierre-André Valade, Hugues Vinet.
Un calcul doit se terminer : l'informatique naît aussi de la prise en compte du temps dans la mécanisation du raisonnement. Le temps est alors une ressource et l'informaticien l'organise dans ses langages autour des figures de de la succession, de la simultanéité et de la durée. Cette grille d'analyse reste cependant limitée. D'abord parce que ces trois notions n'épuisent pas les formes du temps en informatique - logique ou réel, événementiel ou continu, linéaire ou arborescent… - pas plus que ses usages comme par exemple le calcul du temps, dans le temps et à temps, de l'informatique musicale. Ensuite parce que si le temps est une ressource pour les systèmes informatiques, ceux-ci doivent de plus en plus interagir avec nous et notre temps vécu. Les calculs deviennent alors des processus ouverts qui doivent nous saisir sur le vif et l'informaticien se confronte à d'autres dimensions du temps comme le mouvement, la mémoire et l'apprentissage, l'attente et l'anticipation.
Jean-Louis Giavitto, Antoine Spicher, Olivier Michel, chapter: Interaction-Based Modeling of Morphogenesis in MGS in Morphogenetic Engineering, Doursat, René; Sayama, Hiroki; Michel, Olivier (Eds.), Springer Series: Understanding Complex Systems, in press, 2012.
J.-L. Giavitto, A. Spicher. Morphogenesis, Origins of Patterns and Shapes, chapter Computer Morphogenesis. 2011, Springer.
Antoine Spicher, Olivier Michel and Jean-Louis Giavitto. Understanding the Dynamics of Biological Systems: Lessons Learned from Integrative Systems Biology, chapter : Interaction-Based Simulations for Integrative Spatial Systems Biology W. Dubitzky, J Southgate and H. Fuss (editors). Springer-Verlag. To appear.
Olivier Danvy, Andrzej Filinski, Jean-Louis Giavitto, Andy King, Pierre-Etienne Moreau, and Carolyn L. Talcott. Editorial (guest editors for the special issue on rule based programming). Higher-Order and Symbolic Computation, 19(4) :343–344, 2006.
André De Hon, Jean-Louis Giavitto, and Frédéric Gruau, editors. Computing Media and Languages for Space-Oriented Computation, number 06361 in Dagsthul Seminar Proceedings. Dagsthul, 3-8 september 2006.
J.-L. Giavitto, J.-P Banâtre, P. Fradet, and O. Michel, editors. Proceedings of EU-NSF Strategic Research Workshop on Unconventional Programming Paradigms (UPP'04), Mont Saint-Michel, 2004. ERCIM - NFS, ERCIM, http://www.ercim.org/EU-NSF/UPP04-proceedings.pdf. A selection of revised and extended papers have been published in LNCS.
J.-L. Giavitto, O. Michel, J.-P Banâtre, and P. Fradet. Modèles de programmation non-conventionnels. Technique et Science Informatique, 23:177-186, 2004. Compte-rendu de l'atelier international UPP'04.
J.-P Banâtre, P. Fradet, J.-L. Giavitto, and O. Michel, editors. Unconventional Programming Paradigms (UPP'04), volume 3566 of LNCS, Le Mont Saint-Michel, France, September 2005. ERCIM - NFS, Springer Verlag. Revised, selected and invited papers. 367 p. ISBN: 3-540-27884-2. http://www.springeronline.com/3-540-27884-2.
J.-L. Giavitto. Modelling and simulation of biological processes in the context of genomics, chapter On The biochemical abstract machine BIOCHAM, comments on a presentation of François Fages, pages 175-176; chapter On Biologically-inspired Cellular Computing Machines, Comments on a presentation of Christof Teuscher, pages 181-181; chapter On Modelling of Biochemical networks of interactions, Comments on a presentation of Gordon Plotkin, pages 203-204; Genopole & Platypus Press, ISBN 2-84704-0374, 2004.
F. Képès, P. Amar, G. Barlovatz, G. Bernot, C. Froidevaux, J.-L. Giavitto, J. Guespin, F. Molina, V. Norris, and V. Schächter. Modelling and simulation of biological processes in the context of genomics, chapter "Introduction and Conference synthesis", pages 9-16. Genopole & Platypus Press, ISBN 2-84704-0374, 2004.
J.-L. Giavitto, C. Godin, O. Michel, and P. Prusinkiewicz. Modelling and simulation of biological processes in the context of genomics, chapter "Computational Models for Integrative and Developmental Biology". Proceedings of the Dieppes spring school 12-16 may 2003. Platipus Press, Nov. 2003, ISBN: 2-84704-036-6.
J.-L. Giavitto, P.-E. Moreau editeurs. 4th International Workshop on rule-Based Programming (RULE'03), june 2003, Valencia, Spain. Volume 86 issue 2 of ENTCS (electronic note in theoretical computer science). Elsevier, 2003. (online publication date: sept. 2003). Preproceedings are available as the Technical Report DSIC-II/11/03 University of Valencia, Spain. Ce workshop a donné lieu à un numéro spécial de la revue HOSC co-édité par O. Danvy, P.-E. Moreau et moi-même.
V. Noris, P. Amar, P. Ballet, G. Bernot, F. Delaplace, M. Demarty, J.-L. Giavitto, C. Ripoll, M. Thellier, and A. Zemirline. Modelling and Simulation of biological processes in the context of genomics, chapter ``Hyperstructures. Hermes, July 2002. Also published as a tutorial chapter of the proceedings of the workshop ``Modélisation et simulation de processus biologiques dans le contexte de la génomique, 17-21 mars 2002, Autran, France.
A. Zemirline, P. Ballet, L. Marcé, P. Amar, P. Ballet, G. Bernot, F. Delaplace, J.-L. Giavitto, O. Michel, J.-M. Delosme, R. Incitti, P. Bourgine, C. Godin, F. Képès, P. Tracqui, V. Noris, J. Guespin, M. Demarty, and C. Ripoll. Modelling and Simulation of biological processes in the context of genomics, chapter ``Cellular-automata, Reaction-Diffusion and Multiagents Systems for Artificial Cell Modelling. Hermes, July 2002. Also published as a tutorial chapter of the proceedings of the workshop ``Modélisation et simulation de processus biologiques dans le contexte de la génomique, 17-21 mars 2002, Autran, France.
J.-L. Giavitto, C. Godin, O. Michel, and P. Prusinkiewicz. Modelling and simulation of biological processes in the context of genomics, chapter Computational Models for Integrative and Developmental Biology. Hermes, July 2002. A revised version appears in the proceedings of the Dieppes spring school 12-16 may 2003, published by Platipus Press, ISBN: 2-84704-036-6.
J.-L. Giavitto, editeur. Parallélisme, distribution et objet, volume 9 de Technique et Science Informatique. Hermes Science, 2000. numéro thématique de TSI publié aussi sous la forme d'un livre indépendant.
Franck Delaplace, Cinzia Di Giusto, Jean-Louis Giavitto, Hanna Klaudel, Antoine Spicher. Activity Networks with Delays an Application to Toxicity Analysis. Fundamenta Informaticae, Polskie Towarzystwo Matematyczne, 2018, 160 (1-2), pp.119 –142. 〈10.3233/FI-2018-1677〉.
Jonathan Pascalie, Martin Potier, Taras Kowaliw, Jean-Louis Giavitto, Olivier Michel, Antoine Spicher, and René Doursat. Developmental Design of Synthetic Bacterial Architectures by Morphogenetic Engineering. ACS Synth. Biol., DOI: 10.1021/acssynbio.5b00246. Publication Date (Web): May 31, 2016.
Nicolás Schmidt Gubbins, Arshia Cont, Jean-Louis Giavitto. First step towards embedding real-time audio computing in Antescofo. I3 Investigación, Interdisciplina, Innovación (Journal de Investigación de Pregrado). Chili 2015.
José Echeveste, Arshia Cont, Jean-Louis Giavitto and Florent Jaquemard. Operational semantics of a domain specific language for real time musician–computer interaction. J. of Discrete Event Dynamic Systems, vol. 23, n°4, pp 343-383, 2013.
J.-L. Giavitto, F. Rechenmann. Turing chapitre dans la revue DocSciences numéro 14 Alan Turing : la pensée informatique contribution sous le signe du calcul. DocScience est une revue éditée par le CRDP de l'Académie de Versailles à destination des lycéens et de leurs professeurs.
Olivier Michel, Antoine Spicher and Jean-Louis Giavitto. Rule-based programming for integrative biological modeling -- Application to the modeling of the lambda phage genetic switch. Natural Computing, pp 25, 2009.
Jean-Louis Giavitto and Antoine Spicher. Topological rewriting and the geometrization of programming. Physica D, 237:1302–1314, 2008.
Alain R. Thierry, François Képès, Patrick Amar, Georgia Barlovatz-Meimon, Gilles Bernot, Marie Beurton-Aimar, Marie Dutreix, Jean-Louis Giavitto, Janine Guespin, Jean-Pierre Mazat, Victor Norris, Vincent Schächter, Philippe Tracqui, Christophe Godin and Franck Molina. Modelling of biological complex systems in the context of genomics.an account of a multidisciplinary thematic seminar held in montpellier (france) in april 2005. Journal of Biological Physics and Chemistry, 6(2) :103–107, 2006.
O. Michel, J.-P. Banâtre, P. Fradet and J.-L. Giavitto. Challenging Questions for the Rationals of Non-Classical Programming Languages (preliminary version). International Journal of Unconventional Computing (IJUC), Vol. 2, N° 4, 2006, pp. 337-347.
F. Képès, P. Amar, G. Barlovatz, G. Bernot, C. Froidevaux, J.-L. Giavitto, J. Guespin, F. Molina, V. Norris, and V. Schächter. Modelling and simulating biological processes in the genomic era: an account of a multidisciplinary thematic school held in Évry (france) in april 2004. Journal of Biological Physics and Chemistry, 4:131-136, October 2004.
J.-L. Giavitto, G. Malcolm and O. Michel. Rewriting Systems and the Modelling of Biological Systems. Comparative and Functional Genomics, 5:95-99, February 2004 (journal version).
J.-L. Giavitto, O. Michel, and F. Delaplace. Declarative simulation of dynamicals systems : the 8 1/2 programming language and its application to the simulation of genetic networks. BioSystems, 68(2–3):155–170, feb/march 2003.
J.-L. Giavitto and O. Michel. Modeling the topological organization of cellular processes. BioSystems, 70(2):149–163, 2003.
Republication in Physics of Life, August(3), 2003. See http://www.physicsoflife.com/index.html. This Elsevier electronic Journal contains selected articles that have been published in 22 contributing journals from Elsevier Science, covering Physics, Biology, Chemistry and Medicine with a focus on biological physics research.
V. Norris, P. Amar, G. Bernot, J.-L. Giavitto, G. Godin, J. Guespin, H. Pollard, P. Tracqui and F. Képès. Modelling and Simulation of biological processes in the context of genomics. Journal of Biological Physics and Chemistry, 3 (2003) 106–110.
J.-L. Giavitto and O. Michel. The topological structures of membrane computing. Fundamenta Informaticae, 49:107–129, 2002.
J.-L. Giavitto, O. Michel, and J. Cohen. Pattern-matching and rewriting rules for group indexed data structures. ACM SIGPLAN Notices, 37(12):76–87, Dec. 2002.
P. Amar, P. Ballet, G. Barlovatz-Meimon, A. Benecke, G. Bernot, Y. Bouligand, P. Bourguine, F. Delaplace, J.-M. Delosme, M. Demarty, I. Fishov, J. Fourmentin-Guilbert, J. Fralick, J.-L. Giavitto, B. Gleyse, C. Godin, R. Incitti, F. Képès, C. Lange, L. L. Sceller, C. Loutellier, O. Michel, F. Molina, C. Monnier, R. Natowicz, V. Norris, N. Orange, H. Pollard, D. Raine, C. Ripoll, J. Rouviere-Yaniv, M. Saier, P. Soler, P. Tambourin, M. Thellier, P. Tracqui, D. Ussery, J.-C. Vincent, J.-P. Vannier, P. Wiggins, and A. Zemirline. Hyperstructures, genome analysis and I-cells. Acta Biotheoretica, 50, 2002.
J.-L. Giavitto and J.-P. Sansonnet. 81/2 : data-parallélisme et dataflow. Techniques et Sciences de l'Ingénieur, 12 - Numéro 5, 1993. Numéro spécial Langages à Parallélisme de Données.
C. Benoit and J.-L. Giavitto. Le vocabulaire des langages à objet. La Lettre de l'Intelligence Artificielle, 1987.
J.-L. Giavitto, J. Echeveste, A. Cont, P. Cuvillier. Time, Timelines and Temporal Scopes in the Antescofo DSL v1.0. International Computer Music Conference (ICMC), Oct 2017, Shanghai, China. ISBN 978-0-0845274-6-5, Proceedings of ICMC 2017 - 43rd International Computer Music Conference: Hearing the self. Oct 2017, Shanghai, China.
P. Donat-Bouillud, J.-L. Giavitto. Typing heterogeneous dataflow graphs for static buffering and scheduling Proceedings of ICMC 2017 - 43rd International Computer Music Conference: Hearing the self. Oct 2017, Shanghai, China. ISBN 978-0-0845274-6-5, Proceedings of ICMC 2017 - 43rd International Computer Music Conference: Hearing the self. Oct 2017, Shanghai, China.
P. Donat-Bouillud, J.-L. Giavitto, A. Cont, N. Schmidt and Y. Orlarey. Embedding native audio-processing in a score following system with quasi sample accuracy. In Proc. of the 42th International Computer Music Conference (ICMC'16). September 2016, Utrecht, Netherlands.
Ren Y., Doursat R., Giavitto J.-L. Synchronization in Musical Group Playing. 11th International Symposium on Computer Music Multidisciplinary Research CMMR Music, Mind, and Embodiment will take place in Plymouth, UK on 16-19 June 2015. Best student paper awards.
Planning Human-Computer Improvisation Jérôme Nika, José Echeveste, Marc Chemillier and Jean-Louis Giavitto. In Proceedings of the 40th International Computer Music Conference (ICMC) joint with the 11th Sound & Music Computing conference (SMC) (ICMC+SMC anniversary), 14–20 September Athens, Greece, 2014.
AscoGraph: A User Interface for Sequencing and Score Following for Interactive Music Thomas Coffy, Jean-Louis Giavitto and Arshia Cont. In Proceedings of the 40th International Computer Music Conference (ICMC) joint with the 11th Sound & Music Computing conference (SMC) (ICMC+SMC anniversary), 14–20 September Athens, Greece, 2014.
The Cyber-Physical System Approach for Automatic Music Accompaniment in Antescofo Arshia Cont, José Echeveste and Jean-Louis Giavitto. In Automatic Musical Accompaniment Systems track of the Acoustical Society of America Spring 2014 meeting. Best Paper Award in the Musical Acoustics category of the 167th Acoustical Society of America Meeting.
Arshia Cont, José Echeveste, Florent Jacquemard, Jean-Louis Giavitto. Correct automatic accompaniment despite machine listening or human errors in Antescofo. ICMC 2012 (International Computer Music Conference), 9-15 September, Ljubljana, Slovenia.
A. Dautriche, J.-L. Giavitto, H. Klaudel, F. Pommereau. State Space explorations of Spatially Organized Poplation of agents. In Spatial Computing Workshop, a satellite workshop of SASO 2011, 3 october 2011, Ann Arbor, Michigan. Paper (.pdf) slides (.pdf).
Antoine Spicher, Olivier Michel and Jean-Louis Giavitto. Declarative Mesh Subdivision Using Topological Rewriting in MGS. Int. Conf. on Graph Transformations (ICGT) 2010, LNCS 6372, pp. 298-313, October 2010.
J.-L. Giavitto, H. Klaudel and F. Pommereau. Qualitative modelling and analysis of regulations in multi-cellular systems using Petri nets and topological collections. In Proc. of MeCBIC'2010, EPTCS vol.34, http://eptcs.org/content.cgi?MeCBIC2010/, Open Publishing Association. Arxiv versions.
Aurélien Hazan, Vincent Vigneron, Jean-Louis Giavitto, Olivier Michel, and Hichem Maaref. A relationist and descriptive approach to stationary time series. In Proceedings of the European Conference on Complex Systems (ECCS07), octobre 2007.
F. Bernardini, M. Gheorghe, N. Krasnogor, and J.-L. Giavitto. On self-assembly in population p systems. In Proc. of UC'05 - Fourth International Conference on Unconventional Computation, volume 3699, pages 46 - 57. LNSC, Springer-Verlag, October 3-7, 2005, Sevilla.
Antoine Spicher, Olivier Michel, and Jean-Louis Giavitto. Algorithmic self-assembly by accretion and by carving in MGS. In Proc. of the 7th International Conference on Artificial Evolution (EA'05), LNCS, University of Lille - France, October 2005. Springer-Verlag.
J.-L. Giavitto, O. Michel, J. Cohen, and A. Spicher. Computation in space and space in computation. In Unconventional Programming Paradigms (UPP'04), volume 3566 of LNCS, pages 137-152, Le Mont Saint-Michel, September 2005. Spinger.
Antoine Spicher, Olivier Michel, and Jean-Louis Giavitto. A topological framework for the specification and the simulation of discrete dynamical systems. In Sixth International conference on Cellular Automata for Research and Industry (ACRI'04), volume 3305 of LNCS, Amsterdam, October 2004. Springer.
J.-L. Giavitto, O. Michel, and J. Cohen. Accretive rules in cayley p systems. In G. Paun, G. Rozenberg, A. Salomaa, and C. Zandron, editors, Membrane Computing 2002, pages 319–338. LNCS 2597, 2003. Springer.
J.-L. Giavitto. Invited talk: Topological collections, transformations and their application to the modeling and the simulation of dynamical systems. In Rewriting Technics and Applications (RTA'03), volume LNCS 2706 of LNCS, pages 208 – 233, Valencia, June 2003. Springer. Preliminary version.
J.-L. Giavitto and O. Michel. Pattern-matching and Rewriting Rules for Group Indexed Data Structures In ACM Sigplan Workshop RULE'02, pages 55–66, Pittsburgh, Oct. 2002. ACM.
J.-L. Giavitto and O. Michel. Data Structure as Topological Spaces. In Proceedings of the 3nd International Conference on Unconventional Models of Computation UMC02. October 2002, Himeji, Japan. LNCS 2509. October 2002.
J.-L. Giavitto, O. Michel, and F. Delaplace. Declarative simulation of dynamicals systems : the 8 1/2 programming language and its application to the simulation of genetic networks. In Proceedings of IPCAT 2001 (Workshop on Information Processing in Cells and Tissues), August 2001.
J.-L. Giavitto and O. Michel. MGS: a rule-based programming language for complex objects and collections. In Mark van den Brand and Rakesh Verma, editors, Electronic Notes in Theoretical Computer Science, volume 59. Elsevier Science Publishers, 2001.
J.-L. Giavitto and O. Michel. Declarative definition of group indexed data structures and approximation of their domains. In Proceedings of the 3nd International ACM SIGPLAN Conference on Principles and Practice of Declarative Programming (PPDP-01). ACM Press, September 2001.
J.-L. Giavitto. A fixed point approach to the resolution of array equations. In I. Guessarian, editeur, Fixed Points in Computer Science (FICS'2000), Paris, Juillet 2000. satellite workshop of LC'2000.
J.-L. Giavitto. A framework for the recursive definition of data structures. In ACM-Sigplan 2nd International Conference on Principles and Practice of Declarative Programming (PPDP'00), pages 45–55, Montréal, Septembre 2000. ACM-press.
Organisation de la journée : Modéles formels pour la modélisation biologique . Invité : G. Plotkin, V. Danos, F. Fages, C. Teuscher et H. Meihnardt. Modélisation et simulation de processus biologiques dans le contexte de la génomique, mars 2004, Evry, France.
The MGS project. Séminaire de l'équipe AGATA. CEA - Saclay, mars 2004.
Mouvement et calcul dans une structure de donnée : une approche langage fondé sur des notions topologiques. Séminaire du projet Alchemy. LRI-INRIA, mars 2004.
Unconventional Programming Paradigms: Preliminary Notes for a Debate. EU-NSF Workshop, Mont Saint-Michel, 2004.
Calcul dans l'espace et espace du calcul. Séminaire d'algorithmique de Caen. Janvier 2005.
Computation in Space and Space in Computation. Computer Science Department / University of Liverpool. Février 2005.
Organisation et animation de la journée : Chimie artificielle et cellule virtuelle. Invité : B. Pau, F. Houllier, P. Dittrich, M. Amos, A. Griffiths. Modélisation et simulation de processus biologiques dans le contexte de la génomique, avril 2005, Montpellier.
Systèmes de réécriture et modélisation informatique des systèmes dynamiques à structure dynamiques. Ecole de printemps de Berder : ``Information et Optimisation : quel dialogue entre la biologie et les autres disciplines ?''. Ile de Berder, avril 2005.
The chemical paradigm, programming in space and the implementation of autonomic systems. In Unconventional computation : Quo Vadis, Santa-Fe, 21-23 march 2007. Center for Nonlinear Studies (CNLS). (invited speaker).
Interlink workshop. working group on ”software intensive systems and new computing paradigms”. Spatial Computing., 10-12 may 2007, Eze.
Interlink workshop. working group on ”software intensive systems and new computing paradigms”. Spatial programming and autonomic computing., 3-4 december 2007, Munich.
Programming language, distributed computing and the reconstruction of biological systems in ”what are the theoretical tools most useful for understanding biological systems ?” colloque de l'IHES, 12-15 november 2007.
Interlink workshop. working group on ”software intensive systems and new computing paradigms”. Chemical Paradigm and distributed computing, 28-29 July 2008, Urbana-Champaign, Illinois, USA.
Interlink workshop. working group on ”software intensive systems and new computing paradigms”. Consolidation Workshop. 12-14 November 2008, Cannes.
Ca se calcule, c’est un calcul, parce que ca calcule. in ”la thèse de Church : hier, aujourd’hui, demain – regards croisés de philosophes et de théoriciens du calcul”, colloque d’histoire et philosophie de l’informatique, 11 april 2008.
Modelling and simulation of dynamical systems with a dynamical structure. In FoodSim’08, Dublin, 26-26 june 2008. Eurosis.
Jean-Louis Giavitto and Olivier Michel. Topological structure of interactions. 1st European Workshop on Correlations in Computer Science, 6-7 august 2008.
Jean-Louis Giavitto and Olivier Michel. Topologie combinatoire et programmation. Rencontre toulousaine graphes et topologie, 30 june 2008.
que en françcais. Table ronde "quel avenir pour les conferences francophones" In Rencontre nationales du GDR GPL, Toulouse, 27 janvier 2009.
Le calcul, une notion difficile à attraper. Sur le site de Interstice.
La bactérie, le simulateur et son modèle. In LIGC'09 : Egalité, identité, isomorphisme, Florence, septembre 2009. (invited speaker, unpublished).
Conceptions de machines fluides. In SISC'09 : Vers une science et ingénierie des systèmes complexes, Colloque RNSC - CNRS, Novembre 2009. (invited speaker, vidéo en ligne).
Jean-Louis Giavitto avec A. Spicher et O. Michel. Trois usages de notions spatiales en programmation et en représentation des connaissances In Séminaire MaMux, IRCAM, Novembre 2009.
Design Patterns of Pattern Formation and Morphogenesis in a Declarative Programming Language. In Conférence Interdisciplinaire sur la Formation des Motifs dans la Morphogénèse, IHES, janvier 2010. (invited speaker, unpublished).
Un langage dédié à la simulation de processus de morphogenése. In Groupe de travail Bio, LIENS, Ecole Normale, février 2010.
cial Systems Simulations. In Int. workshop on Language Descriptions Tools and Applications (LDTA'10), Paphos. (invited speaker, abstract on proc. published at ACM digital library).
Outils et langages de simulation de processus biologiques. In Groupe de travail Nanotechnologie pour la biologie, CEA Saclay, mars 2010.
Declarative simulation of dynamical structure. In Int. Coll. Morphogenesis in Living Systems, Paris, May 2010. (invited speaker, unpublished).
Des calculateurs universels sur le site d'Interstice.
MGS, a declarative spatial computing programming language, In New World Of Computation 2011, Orleans, May 2011. Slides.
MGS : un langage déclaratif pour la programmation spatiale. Séminaire SupMeca, mai 2011. Slides.
Calculer différemment sur le site d'Interstice.
Programmation spatiale : application à l'analyse des contes de fées et à l'analyse musicale, séminaire IPAC, Nancy mars 2012.
Arbitrary Nesting in Spatial Computation, Spatial Computing Workshop 2012 at AAMAS, 5 june, Valencia, Spain.
Du temps écrits au temps produit avec Arshia Cont. Intervention au colloque Produire le temps, 14 & 15 juin, Ircam - ENS - Polytechnique, Paris.
Susan Stepney, Ada Diaconescu, Rene Doursat, Jean-Louis Giavitto, Taras Kowaliw, Ottoline Leyser, Bruce MacLennan, Olivier Michel, Julian F. Miller, Igor Nikolic, Antoine Spicher, Christof Teuscher, Gunnar Tufte, Francisco J. Vico and Lidia Yamamoto. Gardening Cyber-Physical Systems. Unconventionnal Computation and Natural Computation (UCNC'2012), Lecture Notes in Computer Science, 2012, Volume 7445/2012. Poster.
Jean-Louis Giavitto. À propos des nouveaux langages de programmation. Podcast audio sur le site web Interstice, Interstice, Juillet 2012.
Jean-Louis Giavitto, François Reichenman. Sous le signe du calcul. Interstice.
Antoine Spicher, modélisation calculatoire de systèmes dynamiques à structure dynamique , Journée Réseaux et structures dynamiques avec B. Ducourthial, L. Nottale, A. Spicher, A. Ehresmann, R. Guitart, A. Burroni, S. Dugowson, 22 mai 2012, SupMeca.
Projection de "Codebreaker: Alan Turing", intervenant (avec B. Chazelle et J. Lassègue) au débat animé par Cédric Villani au cinéma Le Grand Action, 17 décembre 2012. IDEM, intervenant (G. Berry et P.-L. Curien) au débat animé par Cédric Villani au cinéma Le Grand Action, 27 février 2013.
Présentation Introductive La preuve et ses moyens, Rencontres interdisciplinaires de Rochebrune, 13 au 19 janvier 2013.
Analyse formelle des concepts, Q-analyse et programmation spatiale : quelques aspects philosophiques du nœud mathématique/musique/ informatique exposé avec Moreno Andreatta au séminaire MaMuPhi à l'Ecole Normale (séance du 2 février 2013).
Projection de "Codebreaker: Alan Turing", intervenant (G. Berry et P.-L. Curien) au débat animé par Cédric Villani au cinéma Le Grand Action, 27 février 2013.
Écriture du temps et de l'interaction en informatique musicale. séminaire Philosophie de l'informatique, de la logique et de leurs interfaces, Centre Cavaillès, Ecole Normale, 18 mars 2013.
Spatial Computing and Application to Music Analysis. Invited Professor, 4*4h University of Cali, Colombie, 22/06-03/07, 2013.
Du temps écrit au temps produit avec Julia Blondeau (compositrice) CNSMD, Mardi de la Recherche, Ecole Normale Supérieure de Lyon, 24 avril 2014.
The cyber-physical system approach for automatic music accompaniment in Antescofo, Arshia Cont (MuTant Team, IRCAM) with José Echeveste and JL Giavitto. In Automatic Musical Accompaniment Systems: a seminar session and Demonstration Concert session dedicated to Automatic Musical Accompaniment Systems, during the Acoustical Society of America Spring 2014 meeting. Chaired and Curated by Christopher Raphael (Indiana University) and James Beauchamp (University of Illinois at Urbana-Champaign). May 8th, 2014Providence, USA. The videos of the performance session are available. The corresponding MuTant paper entitled The Cyber-Physical System Approach for Automatic Music Accompaniment in Antescofo won the Best Paper Award in the Musical Acoustics category of the 167th Acoustical Society of America Meeting.
Gérard Berry & Jean-Louis Giavitto, Informatique et Musique, Réunion de l'inter-section des applications des sciences, 31 mars 2015, Académie des Sciences.
Séminaire de la réunion annuelle du Decanat des Science, Université de Namur. Une représentation spatiale de notions musicales. Séminaire invité, 8 mai 2015, Namur.
Conseil Scientifique de l'IRCAM, Programming (cyber-) temporal musical systems (with D. bouche), 14 mars 2016.
Conseil Scientifique de l'IRCAM, Mathemusical Morphologies (with M. Andreatta), 14 mars 2016.
Sharing (musical) time between machines and humans: simultaneity, succession and duration in real-time computer-human musical interaction. In Beyond Logic Conference held in Cerisy-la-Salle, 22–27 May 2017.
Les stratégies d'écriture du temps dans Antescofo Colloque État de l'art / état d'alerte, Collège de France, 06 juin 2017.
Antescofo. Programmable Audio Workshop, Lyon 1 décembre 2018.
Antescofo Workshop. Programmable Audio Workshop, Lyon 1 décembre 2018.
Time, timelines, cuelists and clotheslines in mixed music. Séminaire « Histoire et Philosophie de l’informatique et du calcul ». MESHS Lille, 13 mars 2019.
Gay refuge script jointly written with D. Blasco for CanalPlus (2'20), décembre 2002.
Le Philosophe et le gogo-dancer script jointly written wit D. Blasco, for CanalPlus (2'20), décembre 2002.
Le chercheur et son dessous-de-plat articulé, script and play for a short movie by Cyrille Doucan, (5'07), mai 2003.
Au folle les pompiers, script jointly written with D. Blasco, for CanalPlus (3'05), septembre 2003.
Lueur secrète, script written with D. Blasco, end 2008 - begin 2009.
Toilettes Publiques aka Toilettes Zones, by D. Blasco from the novel "Gents" by Warwick Collins (Orion Books) (translated in french : "La Pissotière" 10/18). (Arte, région Nord-Picardie and CNC). Best Short Film – Audience Award at Queer Lisboa Film Festival. Can be viewed and buyed on Arte video on demand.
Avenue de France, script written with D. Blasco, begin 2009. Grant from the "Ville de Paris" 2009. Produced (2010) by Filmo Productions. COSIP CNC. Pré-achat et diffusion TPS and TV5. Prix : Festival de Mougon (Prix de la commune), 10èmes Rencontres du Cinéma Européen de Vannes (Prix Cin’écran - Jury Jeunes). Sélection en festivals : Soirée Courts à l’Escurial de Paris, Fuji Tous courts, Festival du Film Policier de Liège, 10èmes Rencontres du Cinéma Européen de Vannes, Festival du court métrage de Mougon, Péniche Cinéma, Côté Court de Pantin, Programme Fairecourt de Picardie, Festival du court métrage de Mâcon, Sélection Prix uniFrance du court métrage Cannes 2011, 37ème Badalona Film Festival (Barcelone), Cristal Festival (Suisse), Ourense Film Festival (Espagne), Festival de Contis, Festival Cinéma et droits humains (Amnesty International), Festival du Film Hyères les Palmiers, Festival international du cinéma francophone en Acadie (Québéc), Festival du film de Rio, Fuji court (paris). Journée Court-Bouillon, Paris La Péniche Cinéma, décembre 2011. Sélection hors-compétition au festival des 24 courts, Le Mans, France, février 2012.
Mosaic Palace Hotel, script written with D. Blasco. Selected by the "Guide des scénaristes" for the "Atelier franco-égyptiens" in 2011.
Acquasanta by D. Blasco and P. Barassat (from the eponyme A. Gide's short-story; this project wins a grant from the CNC and another one from the Fondation Beaumarchais).
Petit Frère by D. Blasco from the dialogues of Femmes, Femmes by P. Vechialli and N. Simsolo.
Abattoir short movie (26mn., Canal+, CNC, région Basse Normandie) by Didier Blasco from an original script by D. Blasco.

matches: V. V. V. V. V. V. V. V. V.


§ 13. Paragraphs 14 to 17 below shall have effect with respect to proceedings of a tribunal other than those which, by virtue of paragraph 18 below, are to be treated as Scottish proceedings.
shall with any necessary modifications, apply in respect of such proceedings but, except as provided by this paragraph, the provisions of that Act shall not apply to any such proceedings.
§ 15. A tribunal may, and if so ordered by the Court of Appeal shall, state in the form of a special case for determination by the Court of Appeal any question of law which may arise in such proceedings.
§ 16. An appeal shall lie to the Court of Appeal on any question of law or fact from any determination or order of the tribunal with respect to compensation under section 11(3B) above.
§ 17.—(1) Subject to the provisions of this Schedule, the procedure in or in connection with any such proceedings shall be such as may be determined by rules made by the Lord Chancellor by statutory instrument.
§ (2) A statutory instrument containing rules made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
§ 18. Where a dispute submitted to a tribunal relates to capital of a body corporate whose principal place of business is situated in Scotland, or assets which are situated in Scotland, then, subject to paragraph 20 below, the proceedings before the tribunal in respect of the dispute shall be treated as Scottish proceedings.
§ 19. If, at any stage in any proceedings before a tribunal which would not otherwise fall to be treated as Scottish proceedings, the tribunal are satisfied that, by reason of the fact that questions of Scottish law arise or for any other reason, the proceedings ought thereafter to be treated as Scottish proceedings, the tribunal may order that they shall thereafter be so treated and the provisions of this Schedule shall have effect accordingly.
§ 20. If, at any stage in any proceedings before a tribunal which would otherwise be treated as Scottish proceedings, the tribunal are satisfied that, by reason of the fact that questions of English law arise or for any other reason, the proceedings ought not to be treated as Scottish proceedings, they may make an order that the proceedings shall thereafter not be treated as Scottish proceedings and the proceedings of this Schedule shall have effect accordingly.
§ 21. In Scottish proceedings a tribunal shall have the like powers for securing the atten- 1380 dance of witnesses and the production of documents and with regard to the examination of witnesses on oath and the awarding of expenses as if the tribunal were an arbiter under a submission.
§ 23.—(1) An appeal shall lie to the Court of Session on any question of law or fact from any determination or order of the tribunal with respect to compensation under section 11(3)(b) above.
§ (2) An appeal shall lie, with the leave of the Court of Session or of the House of Lords, from any decision of the Court of Session under this paragraph, and such leave may be given on such terms as to costs or otherwise as the Court of Session or the House of Lords may determine.
§ 24.—(1) Subject to the provisions of this Schedule, the procedure in or in connection with Scottish preceedings shall be such as may be determined by rules made by the Lord Advicate by statutory instrument.
(b) may be recorded for execution in the books of Council and Session and may be enforced accordingly.
§ 27. A tribunal may, at any stage in any proceedings before them, refer to a person or persons appointed by them for the purpose any question arising in the proceedings, other than a question which in their opinion is primarily one of law, for inquiry and report, and the report of any such person or persons may be adopted wholly or partly by the tribunal and, if so adopted, may be incorporated in an order of the tribunal'.
§ Brought up and added to the Bill.
§ It being after Eleven o'clock, further consideration of the Bill, as amended, stood adjourned.


This paper examine whether state law regulating assisted-living facilities in United State is sufficient or underdeveloped and inconsistent. As the U.S. population ages, legislatures and courts need to address the growing need to develop comprehensive and consistent law in this area, and the industry must be fast to anticipate threats and changes from all directions. The paper’s methodology includes reviewing the statistics that indicate the growing demand for assisted-living facilities and researches and reports variations of regulation regarding assisted-living facilities across the United States. Findings include extensive inconsistencies in regulation exists across the states; and there is a great need for either more uniform industry standards, or for federal regulation if the industry is not willing or able to self-regulate. We also find that regardless of regulation or self‑regulation, increasingly demanding and better-informed consumers who have greater access to more information will push the industry to change. The assisted-living industry must find a proper balance between offering a good product and doing so at a reasonable cost – a necessary goal for most businesses.
Assisted living, elder care, elder law, regulation.
Protection of Aged or Disabled Adults, Alabama Code § 38-9-7 and 8, http://codes.lp.findlaw.com/alcode/38/9/38-9-7.
Assisted Living Facilities, Alabama State Board of Health, Administrative Code, Chapter 420-5-4, http://www.alabamaadministrativecode.state.al.us/docs/hlth/420-5-4.pdf.
Allen, K. G. (1999, June). From Official Report…Assisted Living: Information, Quality Concerns. Consumers’ Research Magazine, 82:6, 20+.
Assisted Living Federation of America (ALFA), Assisted Living Regulations and Licensing; Federal Statutes that Impact Assisted Living, http://www.alfa.org.
Benson, W. Assisted Living Industry Under Scrutiny by U.S. Congress. www.elderlifeplanning.com/cafe/posts/408.html, May 11, 2001.
Bruce, P. A. (2006). NOTE: The Ascendency of Assisted Living: The Case for Federal Regulation, 14 Elder L.J. 61 (2006).
Public Health and Well-Being: Managed Residential Communities, CT Gen Stat § 19a-693 (2013).
Dignity, D.C. Code § 44-105.03 (2000). http://doh.dc.gov/sites/default/files/dc/sites/doh/publication/attachments/AssistedLivingLaw.PDF.
Edelman, Toby S. (2007, March 27). Is It Time for Federal Regulation of the Assisted Living Industry? Center for Medicare Advocacy Weekly Alert.
Elder Justice Act, Public Act 111-148, Patient Protection and Affordable Care Act, Title VI, Subtitle H, http://www.ncea.aoa.gov/Resources/Publication/docs/ELDER_JUSTICE_ACT_2010.pdf.
Illinois Elder Abuse and Neglect Act/Adult Protective Service Act, 320 ILCS 20, http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1452&ChapterID=31.
Assisted Living Programs, Iowa Code § 231C. https://coolice.legis.iowa.gov/cool-ice/default.asp?category=billinfo&service=iowacode&ga=83&input=231C.
Jennings, M. (2006). How Ethics Trump Market Inefficiencies and Thwart the Need for Regulation, Corporate Finance Review 10(5), 36-41.
Lewin-VHI, Inc. (1996, February). U.S. Department of Health and Human Services National Study of Assisted Living for the Frail Elderly: Literature Review Update. Retrieved from http://aspe.hhs.gov/daltcp/reports/litrev.htm.
Marek, Carol, Individual Service Plans (ISPs): An Assisted Living Care Plan Defines a Resident’s Needs & Services, Assisted Living Facilities.Org. Retrieved from http://www.assistedlivingfacilities.org/resources/services-provided/individual-service-plans-isps-/.
The 2012 MetLife Market Survey of Long-Term Care Costs, 2013, MetLife Mature Market Institute. Retrieved from http://www.metlife.com/assets/cao/mmi/publications/highlights/mmi-market-survey-long-term-care-costs-highlights.pdf.
Mollica, RL, Trends in State Regulation of Assisted Living, Generations, Fall 2008, 32 (3): 67-70 (2008).
National Committee for the Prevention of Elder Abuse (NCPEA). Retrieved from http://www.preventelderabuse.org/elderabuse/.
Licensing of adult care homes for the aged and disabled, North Carolina General Statute § 131D-2, (2005).
Older Americans Act of 1965 (as amended 2006), Public Law 109-365, http://www.aoa.gov/AOA_programs/OAA/index.aspx and http://www.aoa.gov/AoA_programs/OAA/oaa_full.asp.
Patient Protection and Affordable Care Act (as amended through May 1, 2010), Retrieved from http://housedocs.house.gov/energycommerce/ppacacon.pdf.
Programs for Older Americans, 42 U.S. Code Chapter 35, https://www.law.cornell.edu/uscode/text/42/chapter-35, http://uscode.house.gov/download/download.shtml.
Polzer, K. (2013). Assisted Living State Regulatory Review 2013, National Center for Assisted Living. Retrieved from http://www.ahcancal.org/ncal/resources/Documents/2013_reg_review.pdf.
Quality Living, Inc., and Leonore Cooper v. State Department of Public Health, 711 So. 2d 1021 (Ala. Civ. App. 1997).
Retsinas, J (2005 May). Assisted Living: A Regulation Dilemma, State Legislatures, vol. 31 (5), 26-7.
Schneider, S., & Nordheim, G. (2014, Jun/Jul). Individual service plans: Assisted living’s key to quality care, Long-Term Living: For the Continuing Care Professional, vol. 63 issue 5, 26-28.
Shapiro, J. P. (2001, March 21). The Assisted Living Dilemma, U.S. News and World Report, vol. 130, issue 20, 64.
Welfare: Programs and Services for Abused Persons, Tenn. Code Ann. § 71, Chapter 6 (2014).
U.S. Department of Health & Human Services. (2003). Administration on Aging, Older Americans Act: A Layman’s Guide, http://www.olderadultfocus.org/Advocacy/OAA.pdf.
U.S. Department of Health & Human Services. Administration on Aging (2014). Profile of Older Americans: 2014, http://www.aoa.acl.gov/Aging_Statistics/Profile/index.aspx.
U.S. Department of Health & Human Services, Agency of Healthcare Research and Quality, Residential Care and Assisted Living: State Oversight Practices and State Information Available to Consumers, http://archive.ahrq.gov/research/findings/final-reports/residentcare/residentcare.pdf.
U.S. Department of Housing and Urban Development, Section 202 Supportive Housing for the Elderly Program. Retrieved from http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/mfh/progdesc/eld202.
U.S. Department of Justice, Civil Rights Division (2009, July). A Guide to Disability Rights Laws. Retrieved from http://www.ada.gov/cguide.htm.
United States Department of Labor, Futurework – Trends and Challenges for Work in the 21st Century. Retrieved from http://www.dol.gov/dol/aboutdol/history/herman/reports/futurework/report.htm.
Health Care Facility Licensing and Inspection Act, Utah Code Annotated § 26-21-2.
Va. Code Ann. § 63.2-100, 2006 Code of Virginia.
Walters, J. (2012). Uncertainty, Isomorphism, and the Birth of a New Industry Regulatory Policy Development in a New Health Services Sector, 1994-2004, Administration & Society, Vol. 44 Issue 4, 458-486.
Wayne, Karen. (2001, March) A New Era for Regulation, Nursing Homes Long Term Care Management, 64.


text:
Todd Lewis. The Revelation Mandate: The Foundations of the Priesthood of Every Believer. WestBow, 2012. See here to purchase the book.
This book mixes preterist and idealist approaches to the Book of Revelation. The book is preterist in that it holds that the Book of Revelation primarily concerns events surrounding the destruction of Jerusalem in 70 CE. It still seems to hold that God will judge the powers-that-be in the future. It is rather idealist in that it interprets several details in the Book of Revelation as general spiritual truths about the church, such as the idea that the church perseveres amidst a hostile world.
The book is not exactly a verse-by-verse commentary, but it does go through the Book of Revelation sequentially. The author is familiar with the Bible and brings in other biblical references.
The author also holds to a rather “Lordship” view of salvation: that mere intellectual assent to the Gospel is not enough, for one needs to obey God.
Some might see preterism as a bit of a stretch, thinking that it artificially forces the Book of Revelation into the events of 70 CE Jerusalem. That critique is valid. Some may not receive a lot of spiritual encouragement from a “Lordship” view of salvation, recognizing that they fall short.
This book is still a pleasure to read. The prose is elegant and also weighty. The paragraphs could get rather long, in places, and that was not always necessary. The author presents his views in a convincing manner: not so much in the sense that his arguments reflect the only legitimate way to interpret the Book of Revelation, but in the sense that readers could get inside his mind and see how he arrives at his conclusions.
I received a complimentary copy of this book through BookLook Bloggers. My review is honest.
In his Easter Sunday sermon, the pastor shared a conclusion that he drew during his personal morning devotional time.
We finally find the completion of the Sabbath in Luke 23:56. Speaking of the women who were following Jesus’s dead body to the tomb, the passage states: “And they returned, and prepared spices and ointments; and rested the sabbath day according to the commandment” (KJV). The very next verse, Luke 24:1, refers to the first day of the week, when the women encountered the empty tomb.
The point here, according to the pastor, is that Jesus’s resurrection marks the beginning of a new week, even a new creation.
The question that the pastor raised was how this can be true, when people’s dismal lives of death, dysfunction, disappointment, alienation, and even tragedy (such as that in Sri Lanka) continue. We will wake up the morning after Easter, and our lives will remain the same.
The difference is that Jesus is with us in those lives and offers us hope in the midst of them. The pastor engaged Luke 24:12, which states that Peter marveled after seeing the empty tomb. He was baffled and confused. But his later encounter with the risen Christ led to a joyful certainty.
Here are items from today’s Good Friday service.
It’s the Word, the Lord’s Anointed, Son of Man and Son of God.
This reminded me of something I read last night. I was going through Jonathan Edwards’s History of the Work of Redemption, and Edwards was talking about how arrogant it is for people to try to be their own saviors: to think that their mere religious activities can earn them God’s favor. It took the very death of the Son of God to save us, so how can the thought even enter our minds that our own paltry “goodness” can save us? If our good works can save us, why did Christ even go to the effort of coming to earth, living a righteous life, and dying for our sins? That is a good point. At the same time, I find myself thinking: “I hope God notices my church attendance, or my praying, or my Bible reading.” It is not that I think those things by themselves are meritorious. I just hope that God recognizes and respects them as attempts to seek him.
Jesus on the cross took care of his sorrowful mother. Good Friday should not just be about how we are sinful, but it is also about how Jesus is good. That passage also stood out to me because my own extended family is dealing with looming loss.
Love the good in ourselves and others? But are we not all sinners? I suppose that it can be humbling to realize that we are all sinners in need of forgiveness. How can I look down on somebody else, when I myself am flawed? But I think that part of appreciating people is acknowledging the good that they do, or at least try to do.
Here are items from today’s Maundy Thursday service.
A. The pastor said that Luke foreshadows Christ’s death and resurrection, as if those were the reasons that Christ came. Luke 2:7 states that Jesus, as an infant, was wrapped in swaddling clothes and placed in the manger because there was no room in the inn, or “kataluma” in Greek. Luke 23:53 uses “kataluma” for the place where Jesus and his disciples ate the last supper. There was no room at the inn when Jesus was born, but there is room at the Lord’s supper. Jesus was wrapped in swaddling clothes as an infant, and he was wrapped in linen as a corpse in Luke 23:53 (though the Greek word for “wrap” is different in those passages).
B. This is a fallen world. Our dysfunction attests to that, and we can become so preoccupied with our dying bodies that we do not rejoice in eternal life. Fallenness weighs us down.
C. The Lord’s supper was to be a supper of remembrance: Jesus said “Do this in remembrance of me.” “Remember” in Hebrew is richer than mere recollection: it means to re-experience, or relive. Israelites relived the Exodus at the Passover. Christians at the Lord’s supper re-experience Christ’s last supper, but also get a taste of the banquet that Christ will eat with the saints in the eschaton. The pastor talked about how his grandmother used to make him meringues cooked in Mexican vanilla because he liked them, and, anytime he smells Mexican vanilla, he is transported into his grandmother’s kitchen.
D. The pastor talked about God meeting people amidst disaster. After the Columbine massacre, it was “Good Shepherd” Sunday at the Lutheran church that he pastored. After 9/11, there was a cross amidst the rubble, which many took as a sign. When Lutheran churches burned down in fires, the cross still stood. This is a testimony that God meets people amidst disaster, which is what the cross itself is about.
E. On “D.”, the pastor seemed to imply that God arranged for Good Shepherd Sunday to follow Columbine, even though he did not want to say that God caused Columbine. God was working providentially to meet people in the midst of disaster. The pastor does not believe that God causes disasters but meets people in the midst of them. Indeed, saying that God caused Columbine then comforted people is a troubling idea: it is like running a person over and then taking him to the emergency room. Some may argue, though, that God permitted Columbine to provide an opportunity for people to turn their attention to God, which is important in its own right. But I doubt that God decided to schedule Good Shepherd Sunday in response to when he foresaw that the Columbine massacre would occur. That is quite a bit of micromanaging. Yet, I can understand people looking at that and concluding that what happened is more than a coincidence.
J. Dwight Pentecost. Thy Kingdom Come: Tracing God’s Kingdom Program and Covenant Promises Throughout History. SB Publications, 1990. See here to buy a later edition of this book.
J. Dwight Pentecost was a professor of Bible at Dallas Theological Seminary. This book, Thy Kingdom Comes, traces the Kingdom of God from creation through the millennial reign of Christ.
For Pentecost, God ruled before creating Adam, and God has always been and always will be sovereign. But God created Adam to rule the earth on God’s behalf. Adam forfeited that mission through his disobedience, however, and God’s subsequent preservation of a committed people, the nation of Israel, and the Davidic dynasty are all continuations of God’s desire to rule the earth through human beings. This goal will find its culmination in the millennial reign of Jesus Christ on earth. Christ offered to set up such an earthly kingdom at his first coming, but the nation of Israel rejected him. Consequently, the Kingdom of God is currently in a different phase. Presently, it is a spiritual kingdom in which God rules individual Christians and the church. After the rapture of the church, God will once more offer an earthly kingdom to Israel, and Christ will rule on earth after the Tribulation.
I wanted to read this book to understand classic dispensational rationales for God’s policies in the different dispensations. I had read dispensational attempts to identify the dispensations, but little effort to explain why God acted as God did in those dispensations. Pentecost’s book did not meet my hopes in this area. Pentecost indeed is a dispensationalist, in that Pentecost distinguishes between Israel and the church and between Christ’s reign as the Davidic king and his present reign at God’s right hand. But Pentecost does not appear to distinguish God’s modus operandi throughout the various dispensations, at least not radically. In each dispensation, people are right with God by faith, but that faith is worked out and made evident through obedience to God (i.e., law, good works). Citing Galatians 3:21, Pentecost contends that the law does not contradict the promises of God but coexists with them. As far as this particular book is concerned, I did not see a model in which people were saved by works in Old Testament times, then they were saved solely by God’s free grace in New Testament times, but then people will have to add obedience and perseverance to their faith to be saved after the rapture of the church. Pentecost does acknowledge, though, that the new covenant entails God giving the Spirit, which enables people to obey the law. That means that the new covenant brings something new.
This book was still worth my time and effort, even if it fell short of my expectations. Pentecost attempts to explain biblical passages as he goes through the history of God’s kingdom. Prominent in his scenario is his interpretation of the blasphemy against the Holy Spirit. For Pentecost, the Israelite generation that rejected Christ reached a point where they could not be forgiven. Individuals could still save themselves from that sinful generation, but God’s judgment of that generation was set, no turning back. God will restore Israel in the future, but not that specific generation, since it has forfeited forgiveness. Incidentally, Pentecost thinks that generation sealed its fate prior to Matthew 13, which marks when Jesus’s parables began to highlight a spiritual kingdom; Pentecost disagrees with dispensationalists who argue that God re-offered the earthly Kingdom to Israel in the Book of Acts.
On a related note, Pentecost argues that God’s covenant with Israel is unconditional, yet Israel’s experience of God’s blessings within that covenant was conditional on her obedience to the Torah. God will never forsake God’s commitment to Israel, yet Israel’s enjoyment of covenant blessings—-life, abiding in the land, prosperity—-depends on her obedience to God. This is helpful and unhelpful at the same time, for where does the covenant end and the blessings of the covenant begin?
Some of Pentecost’s points are intriguing but could have used more development. He interprets the Parable of the Talents, for example, in terms of Jesus judging the latter-day remnant of Israel, not God’s judgment of Christians. This caught my attention because I remembered talking with a Dallas Theological Seminary student who said that her professors dismissed the idea that the Parable of the Talents contradicts once-saved-always-saved, since the Parable concerns Israel, not the church. I am putting Pentecost’s view on my mental shelf for future reference, even though he could have supported it more effectively.
Occasionally, Pentecost tossed in his social and political opinions, as when he spoke against feminism and labor unions. I think this is a one-sided approach to the Bible, but Pentecost’s anti-feminist stance played a significant role in his interpretation of Genesis 3:16, where God tells Eve that her husband will rule over her. For Pentecost, God there reaffirms hierarchy rather than instituting it for the first time, since Adam had violated the hierarchy by listening to his wife and eating the fruit rather than being the spiritual leader.
Pentecost was able to explain passages that non-dispensationalists could advance against his position. Was James in Acts 15 saying that that particular time was when Christ was reigning as Davidic king and including Gentiles? No, says Pentecost. Christ is not reigning as Davidic king now but will only do so after his second coming. James is saying that, because the Gentiles will worship God as Gentiles during the millennium, God accepts their worship in his time, as well, without requiring them to become Jews. Such a solution is genius, even if some may think it a stretch.
Pentecost also offered in-depth proposals in response to questions, such as the question of why God gave the law, and why Jesus was baptized even though he was without sin. His solutions were edifying and made a degree of sense.
I am open to reading other Pentecost books in the future.
The LCMS Bible study this morning looked at Hosea 13:11-14. I will post Hosea 13:9-16 for reference, then I will mention items from the study. After that, I will say what I got out of the church service.
A. Vv. 9-11 refer to Israel’s request for a king in I Samuel 8, but they also concern the rapid succession of kings in Northern Israel when Hosea prophesied. Hosea prophesied during a time of political instability. Hosea in vv. 9-11 seems to echo the concern of I Samuel 8 that Israel looks to her kings for security rather than trusting and revering God as her king. Israel’s trust of her kings is not panning out well, as is evidenced by the political instability.
B. The pastor said that, in a sense, Israel’s request for a king was idolatrous, yet God worked that out for good by giving Israel David, from whom came the Messiah. That brought to mind my reading of I Samuel 8 earlier this week. In I Samuel 8:7-8, God says to Samuel: “Hearken unto the voice of the people in all that they say unto thee: for they have not rejected thee, but they have rejected me, that I should not reign over them. According to all the works which they have done since the day that I brought them up out of Egypt even unto this day, wherewith they have forsaken me, and served other gods, so do they also unto thee” (KJV). God does appear to liken Israel’s request for a king to idolatry. Was God equating the request to idolatry? Would that imply that God condoned idolatry (Israel having a king) for centuries and even brought good out of it? I had a similar thought when I was contemplating Matthew 5:31-32 last week. In Matthew 5:31-32, Jesus says that divorce and remarriage, except in cases of fornication, is adultery. Does that mean that God permitted adultery during the centuries that God allowed divorce and remarriage?
C. Returning to Hosea 13, the pastor interpreted v. 12 to mean that God is storing up Northern Israel’s sin rather than forgetting about it: God will punish it eventually, even if Israel may not feel that she is suffering God’s punishment right now. The sin is stored up, waiting to be punished. Hosea here echoes Deuteronomy 32:34-35, which states that God stores up Israel’s sin and her feet will slip in due time. The pastor argued that Paul in Romans 3:25 takes this thought in a Jesus-direction. Romans 3:25-26 states that God “put forward [Jesus] as a sacrifice of atonement by his blood, effective through faith. He did this to show his righteousness, because in his divine forbearance he had passed over the sins previously committed; it was to prove at the present time that he himself is righteous and that he justifies the one who has faith in Jesus” (NRSV). According to the pastor, Paul acknowledged that God stored up humanity’s sin and saved the punishment for later, but God ultimately punishes, not humanity, but Jesus in its place. Christians may still suffer the consequences of their sins, but their suffering will not separate them from the love of God in Christ (Romans 8:38-39).
D. V. 14 has been translated in different ways, and I encountered even more interpretations after I came home and checked out commentaries. The pastor prefers what the KJV has: Israel is unwilling to be born (repent), so God will step in and do for Israel what she cannot do for herself. God affirms that God will ransom and redeem her from the grave. Repentance will be hidden from God’s eyes, meaning that God will not change God’s mind about redeeming Israel: God will do it, period. Other translations, however, treat v. 14 as a reaffirmation of God’s judgment. God asks if he will redeem Israel from death, implying that the answer is “no,” and God then states that compassion for Israel is hidden from his eyes. The commentaries that I read seemed to mix the two extremes: God wants to redeem Israel or has a record of redeeming Israel in the past, but God refuses now to have compassion on Israel because she will not repent.
E. Which interpretation of v. 14 makes most sense, in my mind? This is difficult to answer. V. 9 appears to affirm that God is Israel’s helper, which would coincide with the KJV and the pastor’s interpretation: that v. 14 depicts God as generously stepping forward to redeem Israel. The thing is, v. 9 can be translated in ways that do not depict God as Israel’s helper but rather the opposite: “I will destroy you, O Israel; who can help you?” (NRSV). Against the pastor’s interpretation of v. 14 is that the immediately following verses, vv. 15-16, reaffirm judgment; as the pastor said, Assyria is likened to the east wind, which comes from the desert and dries up all life. The pastor interprets the end of v. 14 to mean that God will not repent from his goal to redeem of Israel from the grave, whereas other translations hold that God will not have compassion towards Israel. My problem with the pastor’s interpretation is that n-ch-m often has pathos, connoting not just a change of mind but sadness or regret. Why would God need to say that God will not be saddened about redeeming Israel? Of course God would not be saddened about redeeming Israel: God is only punishing Israel reluctantly. Interpreting n-ch-m in v. 14 as a regretful or sad repentance makes little sense, in my opinion. The view that v. 14 reaffirms judgment also has problems, though. Why is God even bringing up the scenario of redeeming Israel from the grave? Simply to deny that God will do so? Why bring redemption up, only to knock it down? It looks unnecessary to the passage. The “mixture” interpretation sits best with me: God desires to redeem Israel, as he has been her historical helper, but God reluctantly decides not to do so because of her refusal to repent.
F. Hosea 13:14 does not make much sense in the Septuagint. NETS has: “I shall rescue them from the hand of Hades and shall redeem them from Death. O Death, where is your sentence? O Hades, where is your goad? Comfort is hidden from my eyes.” Here, God affirms that he shall redeem Israel from death, then he goes on to say that comfort is hidden from his eyes. Is God unhappy about redeeming Israel from death? Maybe commentators have offered explanations as to what the LXX means here.
G. Hosea 13:14 is quoted in I Corinthians 15:55, as Paul quotes it to taunt death that Jesus has defeated it. Death was believed to swallow everything up, but Christ through his resurrection has swallowed death up. A good question would be how Christians can view Paul’s treatment of Hosea 13:14, in light of the debate over whether Hosea 13:14 affirms redemption or judgment. The pastor’s interpretation, of course, holds that I Corinthians 15:55 is consistent with the original meaning of Hosea 13:14, while going beyond it: Hosea 13:14 is about God redeeming Israel from the grave, whereas I Corinthians 15:55 goes further than that and affirms that God in Christ has defeated death, period. On the other hand, if Hosea 13:14 reaffirms judgment, then it can be a foil for Christ’s redemption. A student in the class was suggesting this: Hosea 13 does not leave Israel with much hope, but Christ brings hope because Christ has defeated death.
H. The pastor said at the beginning that there was a time when critical scholars posited thirteen authors of the Book of Hosea. He says that has been discarded because there are intact manuscripts dating as early as the fourth century B.C.E. The pastor said that Hosea wrote the book that bears his name years after he orally spoke the prophecies. He did so as his prophecies came back to him in memory through divine inspiration. I could not find anything about the dates of the earliest surviving Hosea manuscripts. Even if they were complete, that would not disprove that the Book of Hosea was written by different people, for source criticism is not really based on text criticism: rather, source criticism is based on tensions within a book that may point to multiple authorship. The book could have come together centuries before its earliest surviving manuscript. Looking at different commentaries (i.e., Word, Anchor Bible) and other scholarly sources (i.e., Anchor Bible Dictionary), though, I notice that there are debates. Some scholars do posit stages of the Book of Hosea (i.e., a northern stage, a Judahite stage) or later additions, whereas others are more willing to believe that the “later additions” are not that at all but are original to Hosea himself. What is more, because Hosea appears rather unintelligible or elliptical, many scholars view that as a sign of its authenticity: it is unintelligible or elliptical because it comes from Northern Israel, whose Hebrew differs in areas from the Hebrew to which we are accustomed (i.e., Judahite). See here for a discussion.
I. In the church service, the pastor asked if we would have accepted Jesus as a suffering Messiah had we lived in the first century C.E. They did not have their smart-phones telling them what Scriptures were relevant as Jesus rode into Jerusalem on Palm Sunday. Rather, they had in mind David and Solomon, and they hoped Jesus would inaugurate a glorious reign like theirs.
J. The pastor criticized Moralistic Therapeutic Deism. People want to be seen as nice and to see themselves as nice. This idol is shot down when disaster comes, and people wonder how it can happen to them, when they are so nice. Yet, God meets us when we have reached the end of our rope. This reminded me of how tragic life can be. The pastor told a story about a church he pastored decades ago. The church secretary of fifteen years fell asleep at the wheel of her car and was killed. The next Sunday, the Scripture text was Isaiah 25:8, which affirms that death shall be swallowed up. The church did not include that passage as a deliberate response to the secretary’s death. Rather, that was the passage that was scheduled to read on that Sunday. The pastor sees that as God’s comfort and provision in that shocking and difficult time.
Lars Petter Sveen. Children of God. Trans. Guy Puzey. Graywolf, 2018. See here to purchase the book.
Lars Petter Sveen is a Norwegian author, who has received literary awards. Children of God is set in first century C.E. Israel, the time of the historical Jesus. It consists of short stories, many of which overlap with each other in characters. Looming throughout the book is a blind old man, a sinister presence who still appeals to people’s desire for purpose and meaning.
I found this book to be rather dull, to be honest, but I may like it if I were to read it years in the future. Plus, you may find it interesting. The book is a translation from the original Norwegian, yet the prose is neat and clean. Perhaps the prose could have had more feeling in it, though.
People in the book struggle with profound issues. One person desires healing and receives it yet finds his faith tested when his illness returns. A revolutionary struggles with Roman oppression due to the pacifistic teachings of Jesus.
Jesus appears rather human in this book. He does not exude an enormous amount of warmth, but neither is he cold. He responds like one would expect a lot of people to respond: with guarded tentativeness. There are people who believe that they are healed by Jesus yet their diseases remain, and Sveen may have been trying to make some profound point here: they were healed within, even if they were not healed without. Still, Jesus seems to accomplish real outward healings. The book is somewhat nebulous about whether Jesus rose from the dead or was a failed idealist. One character remarks that many versions of Jesus emerged after the claims that Jesus rose from the dead.
This book is not exactly preachy, but people still wrestle with the teachings of Jesus.
I checked this book out from the library. My review is honest.

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text:
The statute of Illinois regulating the action of ejectment abolishes all fictions. Its twenty-ninth section provides that 'every judgment in the action of ejectment rendered upon a verdict shall be conclusive as to the title established in such action, upon the party against whom the same is rendered, and against all persons claiming from, through, or under such party, by title accruing after the commencement of such action, subject to the exceptions hereinafter named,' exceptions not material to be noticed. With this statute in force, the plaintiff in error brought an action of ejectment against the defendant in error in the court below, and upon the trial produced a chain of title, consisting of a patent from the United States to Whitney, a deed from Whitney to Vose, the will of Vose, and a deed from his executors to the plaintiff. This deed was dated March 18th, 1861.
The validity of these several links was not denied. They made the chain of title complete, and prim a facie entitled the plaintiff to recover the premises in controversy.
The defendant, thereupon, gave in evidence the record of a judgment relating to the same premises-rendered in a former action of ejectment-wherein the plaintiff in error was the plaintiff, and James R. Gordon was defendant.
The judgment was in favor of the latter. This suit was begun on the 12th June, 1858, and ended June 5th, 1859.
The defendant also proved that he was in possession as the tenant of Gordon; that in the former action set forth in the record in question the plaintiff, Barrows, gave in evidence the same patent from the United States to Whitney, the same deed from Whitney to Vose, a power of attorney from the executors of Vose to S. A. Kingsley, authorizing him to sell and convey the premises, a deed from the executors by Kingsley as their attorney in fact, to Scroggs, and a deed from Scroggs to the plaintiff. This power of attorney from the executors, and the deed executed by Kingsley, were ruled out as void.
The defendant proved, further, that the deed from the executors of Vose to the plaintiff was given upon the same consideration as the former deed by their attorneys in fact to Scroggs.
The evidence being closed, the plaintiff asked the court to charge the jury, that the record and evidence relating to the former trial constituted no bar to his right to recover in this action. This the court refused to do, and thereupon charged that the record in connection with the evidence did constitute a bar. The jury found accordingly for the defendant.
To the admission of each of the several parts of this evidence, to the refusal of the court to charge as asked, and to the charge given, the defendant excepted.
The correctness of these instructions was the question now before this court.
In the first action, the plaintiff was beaten; because, after deducing title in fee from the government to Vose, he failed to trace title from Vose to himself; because-in point of fact, as we may here state-Vose's executors, who had power to sell, had delegated it without authority of law to an attorney, who had conveyed to the plaintiff. And in the second action plaintiff was again beaten, after he had acquired title directly from the executors, subsequent to the judgment in first suit, because he had been beaten in the first suit for want of title, when he commenced the first action.
The present plaintiff was properly defeated in the first suit, because, although he traced title from the government to Vose, he failed to trace it to himself.
In the second suit, by title acquired from Vose, through his executors, who had power to convey, he showed title in himself, acquired after the former judgment, and regularly derived from the government through Vose to himself.
He should not be defeated in the first suit, because when he brought that suit he had no title, and then defeated in this suit, because, after the first suit had terminated, he acquired a paramount legal title.
The object of the statute is to put an end to litigation, and give repose to society by preventing the same precise question from being twice litigated between the same parties or their privies; and, in applying the statute, the court looks to the claim of the party and the issue joined upon it, and not to the accidents of the trial, to determine whether the first judgment is a bar to the second suit.
Here the plaintiff is the same; the defendant in the second suit is the tenant of the defendant in the first suit; the land sued for is the same; the interest claimed in it the same; the plea the same; putting the title, and that only, in issue in both suits.
The title, therefore, was the thing in issue; and the rule is, that when a matter is once put in issue, the verdict and judgment, whilst they stand, estop the parties from retrying the same issue.
^1 Smith v. Sherwood, 4 Connecticut, 279; Easten v. Rucker, 1 J. J. Marshall, 234.
^2 Miles v. Caldwell, 2 Wallace, 44; Blanchard v. Brown, 3 Id. 245; Gibson v. Manly, 15 Illinois, 140; Frazer v. Weller, 6 McLean, 12; Beebe v. Elliot, 4 Barbour, 457; Marvin v. Dennison, 1 Blatchford, 160; Edwards v. Roys, 18 Vermont, 478; Sims v. Smith, 19 Georgia, 124; Wood v. Jackson, 8 Wendell, 35; Hall v. Dodge, 38 New Hampshire, 351; Chamberlain v. Carlisle, 26 Id. 540.
^3 Marriott v. Hampton, 7 Durnford & East, 269; Bateman v. Willoe, 1 Schoales & Lefroy, 204; Le Guen v. Governeur & Kemble, 1 Johnson's Cases, 495; White v. Ward, 9 Johnson, 232; Grant v. Button, 14 Id. 377; Gaines v. Hennen, 24 Howard, 621-22; Outram v. Morewood and Wife, 3 East, 346; Eastmure v. Laws, 5 Bingham's New Cases, 451.

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(1) A bona fide encumbrance taken for purposes of security.
(2) Agricultural land when acquired as a gift, either by grant or devise, by a bona fide educational, religious or charitable nonprofit corporation.
(3) Agricultural land acquired by a corporation or a limited liability company in such acreage as is necessary for the operation of a nonfarming business. Such land may not be used for farming except under lease to one or more natural persons, a family farm corporation, authorized farm corporation, family trust, authorized trust or testamentary trust. The corporation shall not engage, either directly or indirectly, in the farming operation and shall not receive any financial benefit, other than rent, from the farming operation.
(4) Agricultural land acquired by a corporation or a limited liability company by process of law in the collection of debts, or pursuant to a contract for deed executed prior to the effective date of this act, or by any procedure for the enforcement of a lien or claim thereon, whether created by mortgage or otherwise, if such corporation divests itself of any such agricultural land within 10 years after such process of law, contract or procedure, except that provisions of K.S.A. 9-1102, and amendments thereto, shall apply to any bank which acquires agricultural land.
(6) Agricultural land which is acquired by a trust company or bank in a fiduciary capacity or as a trustee for a nonprofit corporation.
(7) Agricultural land owned or leased or held under a lease purchase agreement as described in K.S.A. 12-1741, and amendments thereto, by a corporation, corporate partnership, limited corporate partnership or trust on the effective date of this act if: (A) Any such entity owned or leased such agricultural land prior to July 1, 1965, provided such entity shall not own or lease any greater acreage of agricultural land than it owned or leased prior to the effective date of this act unless it is in compliance with the provisions of this act; (B) any such entity was in compliance with the provisions of K.S.A. 17-5901, prior to its repeal by this act, provided such entity shall not own or lease any greater acreage of agricultural land than it owned or leased prior to the effective date of this act unless it is in compliance with the provisions of this act, and absence of evidence in the records of the county where such land is located of a judicial determination that such entity violated the provisions of K.S.A. 17-5901, prior to its repeal, shall constitute proof that the provisions of this act do not apply to such agricultural land, and that such entity was in compliance with the provisions of K.S.A. 17-5901, prior to its repeal; or (C) any such entity was not in compliance with the provisions of K.S.A. 17-5901, prior to its repeal by this act, but is in compliance with the provisions of this act by July 1, 1991.
(8) Agricultural land held or leased by a corporation or a limited liability company for use as a feedlot, a poultry confinement facility or rabbit confinement facility.
(9) Agricultural land held or leased by a corporation for the purpose of the production of timber, forest products, nursery products or sod.
(10) Agricultural land used for bona fide educational research or scientific or experimental farming.
(11) Agricultural land used for the commercial production and conditioning of seed for sale or resale as seed or for the growing of alfalfa by an alfalfa processing entity if such land is located within 30 miles of such entity's plant site.
(12) Agricultural land owned or leased by a corporate partnership or limited corporate partnership in which the partners associated therein are either natural persons, family farm corporations, authorized farm corporations, limited liability agricultural companies, family trusts, authorized trusts or testamentary trusts.
(13) Any corporation, either domestic or foreign, or any limited liability company, organized for coal mining purposes which engages in farming on any tract of land owned by it which has been strip mined for coal.
(14) Agricultural land owned or leased by a limited partnership prior to the effective date of this act.
(15) Except as provided by K.S.A. 17-5908, as it existed before the effective date of this act, and K.S.A. 1998 Supp. 17-5909, agricultural land held or leased by a corporation or a limited liability company for use as a swine production facility in any county which, before the effective date of this act, has voted favorably pursuant to K.S.A. 17-5908, as it existed before the effective date of this act, either by county resolution or by the electorate.
(16) Agricultural land held or leased by a corporation, trust, limited liability company, limited partnership or corporate partnership for use as a swine production facility in any county where the voters, after the effective date of this act, have voted pursuant to K.S.A. 17-5908, and amendments thereto, to allow establishment of swine production facilities within the county.
(17) Agricultural land held or leased by a corporation, trust, limited liability company, limited partnership or corporate partnership for use as a dairy production facility in any county which has voted favorably pursuant to K.S.A. 17-5907, and amendments thereto, either by county resolution or by the electorate.
(18) Agricultural land held or leased by a corporation or a limited liability company used in a hydroponics setting.
(b) Production contracts entered into by a corporation, trust, limited liability company, limited partnership or corporate partnership and a person engaged in farming for the production of agricultural products shall not be construed to mean the ownership, acquisition, obtainment or lease, either directly or indirectly, of any agricultural land in this state.
(c) Any corporation, trust, limited liability company, limited partnership or corporate partnership, other than a family farm corporation, authorized farm corporation, limited liability agricultural company, family farm limited liability agricultural company, limited agricultural partnership, family trust, authorized trust or testamentary trust, violating the provisions of this section shall be subject to a civil penalty of not more than $50,000 and shall divest itself of any land acquired in violation of this section within one year after judgment is entered in the action. The district courts of this state may prevent and restrain violations of this section through the issuance of an injunction. The attorney general or district or county attorney shall institute suits on behalf of the state to enforce the provisions of this section.
(d) Civil penalties sued for and recovered by the attorney general shall be paid into the state general fund. Civil penalties sued for and recovered by the county attorney or district attorney shall be paid into the general fund of the county where the proceedings were instigated.
History: L. 1981, ch. 106, § 2; L. 1986, ch. 96, § 3; L. 1987, ch. 368, § 2; L. 1988, ch. 99, § 56; L. 1991, ch. 76, § 10; L. 1994, ch. 130, § 4; L. 1994, ch. 331, § 2; L. 1996, ch. 225, § 2; L. 1998, ch. 143, § 44; L. 2012, ch. 141, § 2; July 1.