text:
The Respondent is Mr. Oezyurt, United States of America, appearing pro se.
The disputed domain name <harvardbusiness.net> is registered with GoDaddy.com, Inc.
The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on October 17, 2007. On October 19, 2007, the Center transmitted by email to GoDaddy.com, Inc. a request for registrar verification in connection with the domain name at issue. On October 20, 2007, GoDaddy.com, Inc. transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. The Center verified that the Complaint satisfied the formal requirements of the Uniform Domain Name Dispute Resolution Policy (the “Policy”), the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules”), and the WIPO Supplemental Rules for Uniform Domain Name Dispute Resolution Policy (the “Supplemental Rules”).
In accordance with the Rules, paragraphs 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on October 26, 2007. In accordance with the Rules, paragraph 5(a), the due date for Response was November 15, 2007. The Response was filed with the Center on November 15, 2007.
The Complainant also owner numerous federal registrations for the mark HARVARD and other HARVARD-formative marks issued by the United States Patent and Trademark Office (USPTO), including the following marks: HARVARD BUSINESS REVIEW, HARVARD BUSINESS SCHOOL, and HARVARD BUSINESS SCHOOL PUBLISHING (collectively “the HARVARD marks”). The Complainant licenses the use of the HARVARD marks to Harvard Business School Publishing Corporation, which also operates a website at “www.harvardbusinessreview.com”.
The Respondent registered the disputed domain name <harvardbusiness.net> on March 30, 2006. The disputed domain name currently is parked on what appears to be a pay-per-click portal site containing advertising and sponsored links related to Harvard University and the Harvard Business Review, and links to other websites related to business schools or business education programs. Several of the sponsored links are specifically identified by reference to the Complainant’s registered marks HARVARD BUSINESS REVIEW and HARVARD BUSINESS SCHOOL, and resolve to websites where Harvard business publications are offered.
The Complainant states that it owns hundreds of HARVARD-formative trademarks registrations, and numerous registrations for HARVARD BUSINESS-formative trademarks, including the federally registered marks HARVARD BUSINESS REVIEW, HARVARD BUSINESS SCHOOL, and HARVERD BUSINESS SCHOOL PUBLISHING. The Complainant’s subsidiary, Harvard Business School Publishing Corporation, publishes the Harvard Business Review, a journal in print since 1922. The Complainant asserts that it first used the HARVARD mark in 1638, and that its HARVARD marks are well-known and have become famous.
The Complainant contends that the disputed domain name is confusingly similar to the Complainant’s numerous HARVARD marks, including HARVARD BUSINESS SCHOOL, HARVARD BUSINESS SCHOOL PUBLISHING, and HARVARD BUSINESS REVIEW. The Complainant asserts that the Respondent has no rights or legitimate interests in the disputed domain name because (1) the Complainant has not licensed or otherwise authorized the Respondent to use its marks, and (2) the Respondent is not commonly known by the disputed domain name. The Complainant further contends that the Respondent is using the disputed domain name to confuse and divert Internet users seeking information about the Complainant and/or Complainant’s educational services and publications to the Respondent’s “copycat” website. For all of the foregoing reasons, the Complainant further contends that the Respondent registered and is using the disputed domain name in bad faith.
The Respondent declares that he did not register the domain name for business or commercial purposes and that he has not used the domain name for business or commercial purposes. According to the Respondent, the disputed domain name is being parked as a courtesy by the domain registrar GoDaddy.com Inc., and it is the registrar and not the Respondent who is responsible for the website content.
The Panel finds that the disputed domain name <harvardbusiness.net> is confusingly similar to the Complainant’s HARVARD marks, including HARVARD, HARVARD BUSINESS REVIEW, HARVARD BUSINESS SCHOOL, and HARVARD BUSINESS SCHOOL PUBLISHING. The Complainant beyond question has established rights in its marks through registration and use. At a minimum, the Complainant’s marks are entitled to a presumption of validity by virtue of their registration with the USPTO. See EAuto, L.L.C. v. Triple S. Auto Parts d/b/a Kung Fu Yea Enterprises, Inc., WIPO Case No. D2000-0047. The Panel further finds that the Complainant’s HARVARD marks are well-known and have achieved some degree of fame.
In the Internet context of paragraph 4(a)(i) of the Policy, the question of identity or confusing similarity is evaluated based solely on a comparison of the complainant’s mark and the alphanumeric string constituting the domain name at issue. Magnum Piering, Inc. v. The Mudjackers and Garwood S. Wilson, WIPO Case No. D2000-1525. Thus, the Panel compares the mark and the domain name alone, independent of the use factors usually considered in a traditional trademark infringement action. See Banconsumer Service, Inc. v. Mary Langthorne, Financial Advisor, WIPO Case No. D2001-1367; InfoSpace.com, Inc. v. Delighters, Inc. d/b/a Cyber Joe’s Internet Caf�, WIPO Case No. D2000-0068. Based on such a comparison, the Panel concludes that the disputed domain name is confusingly similar to the Complainant’s marks.
As noted above, the Complainant is required to make a prima facie showing under paragraph 4(a)(ii) of the Policy in order to shift the burden to the Respondent to come forward with evidence of rights or legitimate interests in the disputed domain name under paragraph 4(c). The Complainant’s marks are distinctive and well-known. It is undisputed that the Complainant has not authorized the Respondent to use the Complainant’s marks or register domain names appropriating these marks. There is no indication that the Respondent is commonly known by the disputed domain name. Further, there is evidence that the disputed domain name is being used with what appears to be a pay-per-click portal site.
The Panel believes that a fair inference can be drawn from the circumstances of this case that the Respondent registered and is using the disputed domain name in a bad faith attempt to profit from the attractive quality of the Complainant’s HARVARD mark. The Respondent does not deny being aware of the Complainant, and such awareness reasonably can be inferred from the Respondent’s registration of a domain name incorporating the Complainant’s well-known and distinctive HARVARD mark. Further, the disputed domain name is being used in connection with an apparent pay-per-click portal website with sponsored links consisting of the Complainant’s HARVARD BUSINESS REVIEW and HARVARD BUSINESS SCHOOL marks. As noted in Research In Motion Limited v. Dustin Picov, WIPO Case No. D2001-0492, when a domain name is so obviously connected with a complainant and its products or services, its very use by a registrant with no connection to the complainant suggests “opportunistic bad faith”. See also Paula Ka v. Paula Korenek, WIPO Case No. D2003-0453.
The Panel notes the Respondent’s denial of any responsibility for the website content, and the claim that he has done nothing more than park the disputed domain name with the domain registrar, GoDaddy.com, Inc..3 Even assuming this to be the case, the Respondent’s unexplained failure to make any active use of the disputed domain name since its registration does not preclude a determination of bad faith registration and use in the circumstances of this case. The Respondent has offered no explanation of why he registered the disputed domain name, which incorporates the Complainant’s well known HARVARD mark, and he is silent regarding any actual or contemplated active use of the domain name. As noted in Telstra Corporation Limited supra, passive holding of a domain name can be considered as bad faith where it is not possible to conceive of any plausible actual or contemplated active use of the disputed domain name that would not be illegitimate. See also Salomon Smith Barney, Inc. v. Salomon Internet Services, WIPO Case No. D2000-0668. For the reasons discussed above, this Panel cannot in the circumstances of this case conceive of any plausible actual or contemplated use of the disputed domain name by the Respondent that would be legitimate.
For all the foregoing reasons, in accordance with paragraphs 4(i) of the Policy and 15 of the Rules, the Panel orders that the domain name <harvardbusiness.net> be transferred to the Complainant.
2 Although the Respondent denies any active use of the disputed domain name, the Panel notes that the use of a domain name confusingly similar to another’s trademark to generate pay-per-click revenue based on the attractive quality of the mark does not constitute a bona fide offering of goods or services under paragraph 4(c)(i) of the Policy. See Educational Testing Service (ETS) v. International Names Ltd., WIPO Case No. D2007-0449. Further, use of a domain name incorporating another’s mark to generate pay-per-click revenue is preclusive of any legitimate noncommercial or fair use of the domain name under paragraph 4(c)(iii) of the Policy. See Bata Brands S.�.r.l v. Charles Power, WIPO Case No. D2006-0191.
3 The Respondent is silent as to whether the website generates pay-per-click revenue.

matches: v. v. v. v. v. v. v. v. v.


Funding for XCOM is provided each month by the Council. These distributions coincide with the monthly Council report and consist of rewards of cash funding as well as additional scientists and engineers. XCOM earns these monthly rewards based primarily on the satellite coverage over individual members; these rewards are detailed in the chart below.
The starting funding and the monthly reward XCOM receives combines a basic funding amount based on difficulty level (see the table on the right) with the funding gained from satellite coverage (the country in which XCOM headquarters is located starts with a satellite overhead).
The amount of starting and monthly funds received from satellite coverage are also adjusted according to difficulty level as shown in the table on the right.
Base Funding values vary upon difficulty levels and are §175 (Easy & Normal), §75 (Classic) and §50 (Impossible).
The Africa continental bonus further increases this value by 30%.
Country Funding values are §180 (North America), §100 (Europe & Asia), §130 (Africa, including 30% continental bonus) and §80 (South America).
On Easy difficulty the values are increased by 50% to §270 (North America), §150 (Europe & Asia), §195 Africa, including 30% continental bonus) and §120 (South America).
Second Wave's option New Economy will affect this starting value.
HQ Starting Money has a fixed value of §100 for all difficulty levels and is given once upon game start.
Facility Maintenance: 1 Access Lift (§10), 1 Satellite Uplink (§15), and on Easy/Normal difficulties, 1 Officer Training School (§25).
Craft Maintenance: 2 Interceptors and 1 Skyranger (§20 each, total §60 - the North America continental bonus reduces it to §30).
The bold country is where the base will be located if you pick that continent to start the campaign.
↑ The country in bold is the base's starting location, and determined by the continent that is chosen when starting the game.
↑ These are totals based on the number of satellites per continent, and are not cumulative. For example, having 2 satellites in Asia on Easy/Normal provides 3 engineers, not 5.
↑ The base's starting location automatically grants it that continent's bonus. If all the Council members on a continent are covered by satellites, XCOM gains that bonus as well.
Base Funding which is the general income given by the Council (varies based on difficulty level).
Country Funding, which is only given if the country has a satellite deployed over it. The values are fixed and listed below, unless Second Wave's option New Economy, which will randomize the values.
A few Second Wave options can be enabled to modify or randomize XCOM funding.
Funding for each nation is adjusted on a monthly basis. This option is unlocked by completing the game on Classic difficulty.
Council funding steadily decreases over time, eventually reaching §0. This leaves very few options to earn credits, including mission rewards and selling alien artifacts at the Gray Market. This option is unlocked by completing the game on Impossible difficulty.
The starting aircraft (Interceptor, Skyranger) have a monthly maintenance cost of §20, while the Firestorm has a cost of §10. This value can be reduced by 50% with the North American continental bonus.
The total monthly income at the disposal of the Commander to purchase/build/hire is calculating by subtracting Expenses from Gross Income. This value may be negative, in which case you'll receive a warning message.
It is possible to run a negative budget, but if you ran out of available credits your balance will go negative. If you have negative funds, you'll have to repay the value before you are able to purchase, build or hire. Ending the month with a negative balance will reduce the grade received in the Monthly Report.


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The Judgment of Destruction upon Jehovah’s Vineyard.
THE DISAPPOINTMENT OF THE VINEYARD. — V. I. Now will I sing to my Well-beloved a song of my Beloved, the prophet singing to Jehovah, concerning the Lord, hut at the same time expressing the thoughts of the Lord, touching His vineyard, that of His Church at the time of the prophet. My Well-beloved hath a vineyard in a very fruitful hill, literally, “on the horn, or summit, of a son of oil,” the vineyard being situated on a hill and having most fertile soil; v. 2. and He fenced it, rather, spaded or hoed it thoroughly, and gathered out the stones thereof, which hindered the proper cultivation of the ground, and planted it with the choicest vine, a very fine Oriental variety of grape, called sorek, and built a tower in the midst of it, this being the usual watch-tower, and also made a wine-press therein, the lower trough into which the grape-juice flowed from the wine-press proper; and He looked that it should bring forth grapes, the fruit of the excellent vine which He had planted there, and it brought forth wild grapes, the sour product of the wild vine or of a similar plant. V.3. And now, O inhabitants of Jerusalem and men of Judah, to whom the prophet is specifically addressing himself, appealing to them as to judges in this difficult situation, judge, I pray you, betwixt Me and My vineyard, making their decision on the basis of the facts presented to them, which were visible to even the casual onlooker. V. 4. What could have been done more to My vineyard that I have not done in it? The Lord had shown His people mercy, goodness, and truth in so many ways that He had, as it were, exhausted His love in their behalf. He had not reached the limit of His grace in dealing with them, but matters had certainly reached a stage where they could expect no more at His hand. Wherefore, when I looked that it should bring forth grapes, brought it forth wild grapes? Surely if the Lord now abandoned this vineyard, the people themselves must admit that they bad fully deserved such treatment, that they had but themselves to blame for their destruction, as the Lord now states. V. 5. And now go to; I will tell you what I will do to My vineyard, the Judge Himself announcing the punishment which He had decided upon: I will take away the hedge thereof, one of thorns and briers being the usual protection of vineyards in the Orient, and it shall be eaten up, and break down the wall thereof, as a second means of keeping out marauders, and it shall be trodden down, the emphatic statement of the original being “for a treading down”; v. 6. and I will lay it waste, for a complete ruin; it shall not be pruned, to remove the superfluous shoots, nor digged, to loosen the ground for the admission of air to the roots; but there shall come up briers and thorns, making the growth of vines of the right and welcome kind impossible; I will also command the clouds that they rain no rain upon it. V. 7. For the vineyard of the Lord of hosts is the house of Israel and the men of Judah His pleasant plant, literally, “the plant of His pleasure”; and He looked for judgment, that the people would do what is right and good, but behold oppression, the infringement of rights by graft and other forms of wickedness; for righteousness, that is, an outward dealing according to the demands of a righteous conduct, but behold a cry, namely, that of the people who suffer wrong. The explanation of the parable is here briefly indicated. Israel was the vineyard of the Lord, separated by Him from all nations, placed into a rich and fruitful land and endowed with unsurpassed blessings in every respect, among them the nobles of the people, the patriarchs, the kings, the priests, the prophets. The watch-tower of God in the midst of His people was the government of David and of His house. But this vineyard had bitterly disappointed the Lord in His expectations, so that He finally sent His punishment in full measure, not only the Babylonian captivity, but the ultimate overthrow of the Jewish nation and Church in the year 70 A. D. Cp. Ps. 80; Matt. 21, 33-46. Let the Christian Church and all those who profess to be members of the Church take warning, for the Lord searches the reins and hearts and at all times expects true fruits of righteousness from all those who are called after His name.
A SIXFOLD WOE UPON THE JEWISH TRANSGRESSORS. — V. 8. Woe unto them that join house to house, in a greed for wealth which is never satisfied, that lay field to field, their covetousness causing them to add one piece of property to another, till there be no place, no room for any one else, that they, literally, “ye,” for the prophet here turns directly to the Jews, may be placed alone in the midst of the earth, thus violating the statutes both concerning the inheritance of real estate and the year of jubilee, Num. 27, 9-11; Lev. 25, 10-13. V. 9. In mine ears said the Lord of hosts, the great Ruler of the universe Himself making it known to His prophet, Of a truth many houses shall be desolate, even great and fair, the beautiful homes of the rich, without inhabitant, as a punishment upon their greed. V. 10. Yea, ten acres of vineyard shall yield one bath, one bucket of wine, about seven and one half gallons, and the seed of an homer, about eight bushels, shall yield an ephah, a little more than three pecks, the land thus producing only about one-tenth of the amount of seed sown in the spring, that is, a starvation harvest. V. 11. Woe unto them that rise up early in the morning that they may follow, eagerly pursue, strong drink, a kind of brandy prepared from dates, apples, pomegranates, honey, and barley; that continue until night, protracting their session of debauchery until the cool of the evening and beyond, till wine inflame them, putting them into a condition where they are ready for all the works of darkness. Note that the moderate use of even intoxicating beverages is not in itself condemned, but every form of excess, as the further description shows. V. 12. And the harp, or zither, and the viol, a guitar-like instrument, the tabret, the tambourine, and pipe, a kind of flute, and wine are in their feasts, of these their banquets consist, this is all they have in mind in planning and executing their drinking-bouts; but they regard not the work of the Lord, they were deaf to the message of Jehovah in nature, in history, especially in the preaching of His prophets, neither consider the operation of His hands, in preparing the punishment of righteousness for all the guilty. V. 13. Therefore My people, as the Lord still affectionately calls them, are gone into captivity, the visitation of the Babylonian captivity being pictured as already taking place, because they have no knowledge, not only because they hardened their hearts against all understanding, but because the calamity, for this reason, also caught them unawares; and their honorable men are famished, literally, “become starvelings,” people suffering hunger, and their multitude dried up with thirst, a vivid description of Israel as it was driven into exile. Such is ever the consequence when the luxury-loving people of this world deliberately exclude the understanding of spiritual things from their hearts. V. 14. Therefore hell, in this case the realm of death in so far as they were subject to punishment in the place reserved for the wicked, hath enlarged herself and opened her mouth without measure, to receive the great number of victims; and their glory, the splendor of their wickedness, and their multitude, and their pomp, the tumult and noise of their drunken shouting, and he that rejoiceth, those finding their enjoyment in the excesses of this world, shall descend into it. Then all the laughter and shouting of the children of this world will be changed to cries of woe, accompanied by weeping and gnashing of teeth. V. 15. And the mean man shall be brought down, and the mighty man shall be humbled, men of every rank and station being included in the Lord’s condemnation, and the eyes of the lofty shall be humbled, so that they are no longer lifted up in pride; v. 16. but the Lord of hosts, He who exerts unlimited authority over the world and all its fortunes, shall be exalted in judgment, the very overthrow of the wicked redounding to His glory, and God that is holy shall be sanctified in righteousness, give evidence of His holiness in exercising justice upon the ungodly. V. 17. Then shall the lambs feed after their manner, as on their usual pasturage, and the waste places of the fat ones shall strangers eat, the nomad tribes of the desert again occupying the land which had been held by similar people in ancient days. Thus the land of Canaan would become a monument of God’s punitive justice, as a result of Israel’s apostasy. V. 18. Woe unto them that draw iniquity with cords of vanity, their first excuses to themselves being like hair-strings, but their increasing callousness finally causing them boldly to draw their guilt to them as with heavy cords, and sin, as it were, with a cart-rope, they hitch it to them like draft-horses dragging a heavy wagon, laying themselves to the traces with all their might, utterly ignoring the thought of a day of vengeance; v. 19. that say, Let Him make speed and hasten His work that we may see it, that is, the threatened retribution, and let the counsel of the Holy One of Israel draw nigh and come that we may know it! Their blasphemous mockery is like that of which the Apostle Peter writes, 2 Pet. 3, 3-13, and will surely draw down upon them the punishment of the Lord. And so far as the mockers of our day are concerned, the time will come when they, overcome with terror at the revelation of God’s judgment upon them, will call upon the mountains to fall upon them and to the hills to cover them. V. 20. Woe unto them that call evil good and good evil, thus reversing all principles of true morality; that put darkness for light and light for darkness, particularly in palliating the wickedness of sin, in representing avarice, luxury, the lust of the flesh as harmless faults; that put bitter for sweet, by condemning the godly, the children of God, as enemies of mankind, and sweet for bitter, by glossing over transgression and thus leading men into everlasting destruction. V. 21. Woe unto them that are wise in their own eyes, arrogant in their self-conceit, an offense which is rebuked also by St. Paul, Rom. 12, 16, and prudent in their own sight, such people being beyond the necessity of learning, their lack of humility causing them to reject all instruction that is brought to their notice, especially the message of the Lord’s servants. V. 22. Woe unto them that are mighty to drink wine, and men of strength to mingle strong drink, champions of dissolute living, selling justice in order to obtain the means to indulge in the service of mammon and luxury; v. 23. which justify the wicked for reward, openly seeking bribes, and, in fulfilling the promises made on the strength of such gifts, take away the righteousness of the righteous from him, deciding against him in court and thus frustrating the ends of justice. Note that all the sins which are here condemned with such harsh words are found in our day and age and will surely be subject to the Lord’s punishment, as in the days of Isaiah. V. 24. Therefore, as the fire devoureth the stubble, and the flame consumeth the chaff, in a sudden and thorough destruction, so their root, the supposed firm hold of these transgressors, shall be as rottenness, moldy and decayed, and their blossom, their outward prosperous appearance, shall go up as dust, flying away like small particles, because they have cast away the Law of the Lord of hosts, in a deliberate, blasphemous rejection, and despised the Word of the Holy One in Israel, through which He wanted to call them to repentance. V. 25. Therefore is the anger of the Lord kindled against His people, and He hath stretched forth His hand against them and hath smitten them, the scene again being painted before the eyes of the people, in order to urge them to repentance; and the hills did tremble, under the blow delivered by Jehovah, as from a mighty earthquake, and their carcasses were torn in the midst of the streets, lying there as dung, even as it had happened before, 2 Chron. 28, 6. For all this, although the punishment of the Lord has repeatedly gone forth, His anger is not turned away, but His hand is stretched out still. So great was the apostasy in Israel that the wrath of the Lord was not yet appeased, especially since the nation showed no signs of true repentance; it was the wrath of the final Judgment. V. 26. And He, in delivering the last great blow, will lift up an ensign to the nations from far, as a signal and invitation for them to attack Israel, and will hiss unto them from the end of the earth, the figure being taken from the work of the bee-keeper, who coaxes the bees from their hives by a hissing sound; and, behold, they shall come with speed swiftly, most eager to carry out the Lord’s will upon Israel. V. 27. None shall be weary nor stumble among them; none shall slumber nor sleep, neither shall the girdle of their loins be loosed, to retard their movements, nor the latchet of their shoes be broken, all this being descriptive of their tireless activity, their unwearied zeal, and their readiness for battle; v. 28. whose arrows are sharp and all their bows bent, ready to send the arrows to their mark; their horses’ hoofs shall be counted like flint, a most important attribute for a campaign of war carried to such distances, and their wheels like a whirlwind, for their rolling resembled the sound of an advancing tempest; v.29. their roaring shall be like a lion, a fearful battle-cry, they shall roar like young lions, eager for their prey; yea, they shall roar and lay hold of the prey, Israel becoming an easy victim, and shall carry it away safe, and none shall deliver it, no one being strong enough to come to Israel’s aid in this emergency laid upon it by the Lord. V. 30. And in that day they shall roar against them like the roaring of the sea, the surf breaking on the precipitous shore with a fearful thunder; and if one look unto the land, seeking a firm foothold, behold darkness and sorrow, and the light is darkened in the heavens thereof, literally, “darkness - distress and light - night in the clouds of heaven above,” that is, tribulation and relief would change off quickly in the fate of Israel; but the final result would be the blackest night, shutting out all light. That, in brief, is the outline of Israel’s history until the exile, not only the conquest of Nebuchadnezzar, but that of the Romans in the year 70 A. D. as well.

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


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With this post, we start a series on the Book of Acts.
1. Purpose of the Study.
We’re not interested in merely developing some “doctrine of the church.” There may be a time and a place for such a thing, but in these posts we’re more concerned with “why” the church is than with “what” it is. For example, when the Lord Jesus ascended, why did He leave only a small, powerless band of men who had no idea what was going on? Further, what did He expect them to do? The Book of Acts gives ample answer to these questions, as well as telling us why we have been left in a world increasingly hostile to the Lord Jesus and His message.
2. Some Things to Think About.
In some circles, we hear about a lot about “The New Testament Church.” More than one group believes it can trace its roots back to Jerusalem, and so, of course, they are The New Testament Church.
An honest comparison between Acts and today shows such differences that it’s sometimes difficult to believe that there is any relationship between us and them at all. Nor do we believe that it’s necessary to provide a “genealogy” for a church so as to put it in direct succession with the church at Jerusalem. The only “link” that’s necessary is found in the Lord Jesus and not in some organization or group of organizations.
1. The “New Testament Church,” as such, is a concept, an ideal, that has never existed. The disciples themselves were blatantly far from perfect and even the church at Jerusalem had its problems, as noted in Acts 5 and 6. Indeed, most of Paul’s epistles were written to address problems and difficulties in “New Testament” churches.
At the same time, “New Testament churches” seek to be guided by principles of the New Testament and not by church edicts or dictates.
2. When we think of the New Testament church, though, we usually think of the first church, the church at Jerusalem. A moment’s thought should serve to show that the church at Jerusalem would be absolutely impossible to duplicate today.
a. Many of the people in Jerusalem, both believers and unbelievers, had seen the Lord Jesus and had witnessed or participated in the events surrounding the Crucifixion and Resurrection of our Lord. Remember, the Lord was crucified less than two months before Pentecost. Further, many Jews had seen His miracles or heard His teaching during the three or so years of His earthly ministry.
b. Pentecost, though not the “birthday” of the Church (a thought to which we’ll return later on), was the catalyst igniting it, as it were, and getting it going. A second “Pentecost,” though some might earnestly long for it, is as impossible as a second Calvary. It is no more necessary for the Spirit to be poured out as He was in Acts 2 than it would be for the Lord to be crucified. Both were “once-for-all” events, though it is true that the effects and benefits of those two happenings must be individually applied and entered into.
3. Though many disagree, Acts records a final presentation of her King to Israel. In Matthew 12:39-41, the Lord stated that Israel would be given one final sign that He was who He said He was: He would only spend three days and three nights in the grave, no more. He would physically and bodily rise from the dead. Cf. John 2:19-21. See also Matthew 16:4; Luke 11:29, 30 (note “this generation” in v. 30). This is why the preaching in Acts always mentions the Resurrection.
Finally, it is sometimes said that Acts is historical and “transitional,” and so we shouldn’t rely on it to teach “doctrine.” Acts is transitional, but it contains some very strong doctrinal statements. Now, these must not be isolated from the rest of Scripture, as some do, but neither are they to be ignored. Acts shows the “transition” from a Jewish emphasis to a Gentile emphasis. Further, it shows the transition of Christianity from a local sect only in Jerusalem and Judea to an influence which moved the world of its day.
In our first two posts, we looked at the origin of the Sabbath, although it was simply called “the seventh day” at creation, and at it’s incorporation into the Mosaic Covenant as “the Sabbath”. It was given to Israel as a reminder not only that God had delivered them from Egyptian slavery, but that He was the same God who had created everything to begin with.
In this post, we’ll see how well Israel paid attention to what God said through Moses. In all this, remember that the NT has a further word about the Sabbath.
For the story around this, read 2 Kings 4. Our focus is only on the husband’s confusion as to why his wife would want to visit Elisha the prophet on a different day than usual, cf. 1 Samuel 1:3. It shows there was an established custom for the observance of the Sabbath and the festivals, or “feasts,” though not everyone followed it, as we’ll see.
2 Kings 11:5-9; 2 Chronicles 23:4, 8.
These references are together because they record the same story: the overthrow of the wicked Queen, Athaliah, who had murdered all the legitimate heirs to the throne of David, except one providentially hidden by God through one of his nurses. The full story is in 2 Kings 11 and 2 Chronicles 22:10 through 23:25. The verses we referenced simply tell some of the preparation for that overthrow: those soldiers who went off duty for the Sabbath would stay on with those who came on duty in order to have plenty of protection for the new King.
2 Kings 16:18, Also he removed the Sabbath pavilion which they had built in the Temple.
This is part of the story of wicked king Ahaz and his foolish and sinful joining together of idolatrous worship with the true worship of Jehovah, though he certainly wasn’t the first who did this. There is no other reference to “the Sabbath pavilion” which he dismantled.
1 Chronicles 9:32, And some of their brethren of the sons of Kohath were in charge of preparing the showbread for every Sabbath.
This refers back to the instructions given in Leviticus 24:5-9.
1 Chronicles 23:31, and at every presentation of a burnt offering to the LORD on the Sabbaths….
This is part of the elaborate preparations David had for the service of the Tabernacle, and then the Temple which was to be built by Solomon.
The first reference is part of Solomon’s request to Hiram, king of Tyre, for the things necessary to build the Temple. The second reference is to Solomon’s activity after the Temple was built. As you read through the first eight chapters of 2 Chronicles, notice the repeated references to David’s plans and preparations for the Temple. Solomon did fine as long as the Temple was being built, and his own dwelling, but after the twenty years it took for all this, he soon fell into things the Law strictly forbade. We wonder how much of the building of the Temple was really Solomon and how much of it was just left over, so to speak, from his father. How often we see this, children getting away from the influence of godly parents, for whatever reason, and going their own way. How we need to pray that God would be with our kids when we are no longer with them, either by distance or by death!
2 Chronicles 31:3, The king also appointed a portion of his possessions for…the burnt offerings for the Sabbaths….
2 Chronicles 29-31 takes us near the end of Israel’s independent existence and the reforms under Hezekiah, who was the last “good” king of Israel.
2 Chronicles 36:21, …to fulfill the word of the LORD by the mouth of Jeremiah, until the land had enjoyed her Sabbaths. As long as she lay desolate, she kept Sabbath, to fulfill seventy years.
2 Chronicles 36:11-21 describes the final overthrown of Israel and the capture of Jerusalem by Nebuchadnezzar. V. 21 refers to Jeremiah 25:11 and 29:10. See also Daniel 9:2. What Israel would not do willingly, Leviticus 25:1-6, she would do unwillingly.
Nehemiah was one of the books written after the 70-year Captivity was over and some of the people had returned to the land. However, Nehemiah and the others record that Israel really hadn’t learned much and more or less fell back into the ways which had gotten her into trouble in the first place. Granted, there were tremendous difficulties and obstacles facing the returnees. Nevertheless, Nehemiah and the others show the error of those who believe that the Return fulfilled all the promises God made through Isaiah, Jeremiah and Ezekiel and others.
Chapter 9 records one of the times of repentance and reformation brought by the ministry of Nehemiah, Ezra and others. V. 14 is part of a prayer which listed the blessings which God had bestowed on Israel. The Sabbath was one of those blessings.
There’s something else here, too, though it has nothing to do with the Sabbath. Several times in Scripture the history of Israel is recounted to show all the blessings God had bestowed on her, cf. Psalms 105 – 107. They also show Israel’s failure fully to understand those blessings and to act in accord with them.
The thing is, Israel knew her history. Granted, it was written down for them. But I wonder how many Christians know their history. There might be some familiarity with the rise of Romanism, the Reformation, Constantine, the abandonment of Greek, the language of the New Testament and the adoption of Latin, the language of pagan Rome, Martin Luther and a few others, but there’s a whole litany of names of people hunted down and slaughtered in their tens of thousands by Rome and then the Reformers, who are pretty much unknown to us: Montanists, Novatians, Paulicians, Waldenses, Albigenses, Anabaptists, to name just a few. These people were not perfect, to be sure – their enemies are quick to point that out, but then neither are we. They just wanted to remain true to the New Testament and so refused to follow the “official” church, which they believed had departed from New Testament teaching. For this, they suffered and died. “The church” has not grown through the favor of the world-system and it’s governments, as Constantine and his followers apparently thought, and think, but rather has been watered by the blood of believers. It’s history is written in red. There is more to it than that, of course, how one interprets the Old Testament, for instance, but there’s more to “church history” than might be commonly believed.
Nehemiah 10 shows the results of Nehemiah’s intercession in ch. 9. V. 31 records the people’s promise not to engage in commerce on the Sabbath, or on any holy day, even if the opportunity presented itself. They would honor the year of release. V. 33 shows their determination to supply things necessary for the service of the house of our God.
Nehemiah 13 happens after an absence by Nehemiah in which he returned to his duties with the king, v. 6. After a time, he was permitted to return to Israel, where he found, to his dismay and anger, that things were not going well, to put it mildly. One of the reforms he started involved the Sabbath and it’s nonobservance by the people and others.
We’re going to have to bring this post to an end. We’d hoped to get all that the Old Testament says on the Sabbath, but there’s just too much material. We’ll finish it tomorrow, Lord willing.

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


text:
There are recognition procedures that exist in the Italian system for foreign qualification evaluation for non-academic purposes that are performed by different administrations of the State. The major part of these procedures are indicated in the Presidential Decree n. 189 of 11 July, 2002 which put in place the dispositions of Art. 5 of the Law n. 148 of 11 July, 2002 – which ratifies the Lisbon Recognition Convention.
Employment in the Italian Public Administration is usually dependent upon a public competition. The holders of a foreign qualification of any level (secondary school or higher education), subject to the relevant requirements mandated by the present regulations relating to public employment, can participate in competitions for employment positions in the Italian public administrations via a recognition procedure triggered by Art. 38 of Legislative Decree 165/2001, as modified by Art. 8 of the Law Decree n. 5 of 9 February, 2012. The procedure and the documents to be produced are indicated in Art. 2 of Presidential Decree 189/2009.
NB: This procedure has the function of evaluating the principal qualification requested by the competition announcement. For the evaluation of further foreign qualification with a view to increasing bonus points in a competition or for furthering a career inside the public administration kindly read on.
The scope of this procedure is to evaluate the comparability of the foreign qualification to that of the Italian qualification specified in a certain competition announcement with a view to access to the exams of that competition, without an Italian qualification being awarded (equivalence). This procedure is concurrent with the public competition in question, therefore it is necessary to attach the specific competition announcement to the request for comparability.
This procedure is not relevant in the case of “competitions” referring to restricted professions (ex. Teacher) or in the case of access to PhD programmes.
It is possible to download online the Form for the request for comparability of a foreign qualification of an academic nature prepared by the Department of Public Affairs: in this form all the necessary documents for the presentation of the request are indicated, as is the relevant office of the Ministry of Education, Universities and Researchto send them to.
If the principal Italian qualification needed for the participation in a competition is already held and the applier wishes to introduce further foreign titles with a view to increasing bonus points in competitions or for furthering a career inside the public administration, the contents of Art. 3 comma 1 letter a) of the Presidential Decree n. 189 of 30 July, 2009, may be applied.
NB: This procedure may be applied only to foreign qualifications awarded in one of the countries signatory to the Lisbon Recognition Convention.
statement of validity (Dichiarazione di valore): this document is not necessary for qualifications from countries inside the EU, EEA/EFTA and the Swiss Confederation.
The relevant administration will send the documentation to MIUR which will issue a final ruling within 90 days and will transmit it both to the administration and to the interested party.
As established by Art. 3 comma 1 letter b) of the Presidential Decree n. 189 of 30 July, 2009, it is possible to evaluate foreign qualifications for social security purposes, for the inclusion of the relative period of study.
NB: This procedure applies only to foreign qualifications awarded in one of the countries signatory to the Lisbon Recognition Convention.
The relevant administration will send the documentation to MIUR which will issue a final ruling within 90 days and will transmit it both to the administration and to the interested party. Should the evaluation of the foreign qualification be negative, it is possible to present a motion for reexamination by producing further documentation within 30 days of notification of the final decision.
On the basis of the contents of Art. 3 comma 1 letter c) of Presidential Decree n.189 of 30 July, 2009, it is possible to utilize foreign qualifications for enrollment at Job Centres.
On the basis of the contents of Art. 3 comma 1 letter d) of Presidential Decree n.189 of 30 July, 2009, it is possible to utilize foreign qualifications for access to traineeship or internship required for certain restricted professions. Such evaluation is performed by MIUR, with input from the National University Council and the national College or Council of the specific professional category, should it exist.
NB: This procedure applies only to foreign qualifications from countries inside the EU, EEA/EFTA and the Swiss Confederation.
documentation testifying to the finality for which the qualification recognition is being requested.
On the basis of the contents of Art. 4 comma 2 of Presidential Decree n.189 of 30 July, 2009, it is possible to utilize foreign qualifications for the award of scholarships and other benefits disbursed or recognized by public administrations.
The relevant administration will be responsible for the foreign title evaluation, upon MIUR’s decision. Should the evaluation of the foreign qualification be negative, it is possible to present a motion for reexamination by producing further documentation within 30 days of notification of the final decision.
Article 12 of Law n. 29 of 25 January, 2006, allows Italian administrations to evaluate qualifications awarded by institutions of a European Union country, in cases of processes in which the holding of a qualification, specialized course, certificate of professional experience and any other diploma for the certification of acquired competences is required.
The relevant administration evaluates the similarity of qualifications or certificates acquired in other European Union member States, or in States adhering to the Agreement of the European Economic Area or in the Swiss Confederation upon the previous acquisition of a positive judgment on the part of MIUR.

matches:
Art. 5
Art. 38
Art. 8
Art. 2
Art. 3
Art. 3
Art. 3
Art. 3
Art. 4


prisoner litigant pursuant to 42 U.S.C. § 1983.
27 declaratory, injunctive and monetary relief.
for handling and processing prisoners mail.
2 acted under color of law.
5 resulted in no corrective action.
6 remedy at law other than the relief requested herein.
11 involved in the criminal justice system.
inquiring as to why he had not received a single issue.
sent to him each month since January, 1996.
Center mailroom's failure to deliver his mail.
23 himself or the pUblisher.
27 the mail further than the facility."
to sender if possible or disposed of properly."
to his appeals which are identical.
On April 27, 1996, plaintiff appealed both responses.
5 Exhibits 3 & 4.
9 business agent of the Prison Legal News.
21 violates the First Amendment of the United States Constitution.
26 Amendment of the United States Constitution.
and an opportunity to appeal the rejection.
for each rejected and destroyed magazine.
pursuant to 42 U.S.C. § 1988.
relief as the court may deem appropriate and just.
SIGNED UNDER PENALTY OF PERJURY this 18th day of July, 1996.
requirements. The continued rejection and destruction of the PLN violates the state and federal constitutions.
SUGGESTED RE~1EDY: Stop rejecting nonprofit bulk mail such as the Prison Legal News.
.?JICC field Ins tzuct'ion ~?-450.100 reads IIBuE< tail t.;ill rout ce del.Ivececi."
:-.-. J,..:.-l..._~~ ,'. '-.. . . ' ,.. ~.'. ~:': 0,.. ~~ ... ~..... ~. . <l-::~~ ::~~~••. ,}:":~:-:t~~~~::~,:--':;I''': ."_'~M~~~ ~:-.
DOC form 5-525. (emphases added).
• "thereasons for the action. (emphases ad ed).
of the deliberate indifference of the superintendent and/or the superintendent's designee.
protecll inmate's constitutional rights and th~ imP7rtce 0 honoring those obligations.
" reads "iarl.k llai.I t-Till not be del.Lvered ,"
- 1" 1 mar• 1 .,..
I' ·t.. tto~eve to the next level'~e res;onse of the Grievance'Coordinator dated ~25/96.~.~ received the .
. t tisfy th e. ctualcriteria to be examinedin making.
I ~vc reviewed your appeal to Levell, LevelI ~e~. and appeal to Level Il, W~ ~ rcCeiVcd ~er .
.c~cation from Headquarters regarding bulk mail, When bulk mail arrives at an institUtiod:Jmd -has ~~tumed .
adckessed in both the WAC and DOG policY when'ihey are next revised.
; ' : ; . ~ .- .
AlICCField Instruction 450.100 defines "Pmk mail"?
P~e Guaranteed" .written on it, it will ~~de1ivef.ed to the inmate if the Contents are.plherwiSe iIi compliance .
ad~ed in boththe WAC and DOC policy'when theY are next revised. .
De f e nd an t s .
returned by the post office.
neither has seen fit to respond to my inquiry.
publications via first or second class mail.
him via third class mail.
notice whatsoever from prison officials that PLN was being censored.
have recently reviewed the Domestic Mail Manual and contacted George Hoyt, U.S.
than first class mail in terms of it being delivered to its addressee.
correspondence with Mr. Riveland and Mr. Rolfs.
Sworn and Subscribed to on this 25th day of June, 1996.
P.O. Box 1684. Lake Worth, FL. 33460.
subscribers across the country, including throughout the Washington DOC.
anyotherWashington state facilities, nor anywhere else in the country for that matter.
censorship and providedan opportunity to appeal the matter.
address or phone. I look forward to your replyand assistance in this matter.
Penitentiary Field Instruction 450.100, Inmate Use ofMail, outlines the process required.
examine bulk mailings for contraband articles.
Clerk of the above-entitled court.
18 docket for that day.
Respectfullj submitted this 18th day of July, 1996.
on the sole ground that the mail is sent bUlk rate.
~ Civil Procedure, and the attached memorandum of authorities.
Respectfully submitted this 18th day of July, 1996.
15 Temporary Restraining Order and/or Preliminary Injunction.
18 prisoner litigant pursuant to 42 U.S.C.
24 reasons given for rejectiny the magazines.
violation of his constitutional rights.
hardships tip sharply in [the movant's] favor."
v. Borg, 918 F.2d 793, 795 (9th Cir. 1990).
of time, constitutes irreparable injury.
347, 373, 96 S.Ct. 2673, (1976).
~endin9 resolution of this action.
Likelihood of Success on the Merits.
7 incompatible with their status as prisoners.
Abbott, 490 U.S. 401, 109 S.Ct. 1874, 104 L.Ed.2d 459 (1989).
12 applied to alleged infringements of constitutional rights."
they are reasonably related to legitimate penological interests."
18 Thornburgh, 490 U.s. at 414, (citing Turner v. Safley, 482 U.S.
78, 89~ 107 S.Ct. 2254, 2261, 96 L.Ed.2d 64 (1987».
The law is well established that it does not.
1 prohibit prisoners from receiving all bulk rate mail.
3 one, for a blanket prohibition against mail sent by bUlk rates.
The Sixth Circuit rejected such a distinction.
for purposes of first amendment protection."
publication constitutes a commercial transaction.
Harper v. Wallingford, 877 F.2d 728, 733 (9th Cir.
18 v. Mazur-Hart, 789 F.Supp. 1081, 1085 (D. Or. 1992).
21 order, safety, security, or rehabilitation.
Parrish v. Johnson, 800 F.2d 600, 604 (6th Cir. 1986).
10 Pepperling v. Crist, 678 F.2d 787 (9th Cir. 1982); Brooks v.
on the security of the prison.
20 873, 877 (9th Cir. 1993).
resembles personal correspondence than a mass mailing." Id.
27 advertisements, and mail addressed to "occupant".
because of threat to security).
10 rejection of all bUlk rate mail.
15 appeal in connection with the rejections.
17 accompanied by "minimum procedural safeguards."
25 at a hearing conducted by an impartial third party.
27 explaining why his magazines were not being delivered.
6 issued due to the enormous workload that would be generated."
decision to reject delivery of the Prison Legal News.


text:
Psalm 25 is a psalm of lament. The words of this psalm coming so soon after psalms of trust (Ps 23) and liturgies of entrance to the Lord’s house (Ps 24), show that those prayers are not enough in the short term to dispel times of danger and possible shame.
Psalm 25 begins and ends with prayer in the form of direct speech to the Lord (vv. 1-7; 16-22). Each of these prayers is divided into two. Verses 1-3 are concerned with enemies and potential shame while vv. 4-7 seek forgiveness and direction from the Lord. In vv. 16-22 the prayers are reversed with vv. 16-18 speaking of forgiveness and vv. 19-22 concerned with deliverance. The centre section is a meditation also in two parts, focusing on the Lord’s response to sinners (vv. 8-11) and then on the benefits of the Lord’s response for the sinner (vv. 12-15). The lectionary section for today breaks with the structure of the poem. We will treat the psalm as a whole.
The psalmist begins by declaring that they ‘lift their soul’, or better ‘their life’, to the Lord. The parallel line in v. 2a implies a statement of trust, but similar statements in Pss 86:4 and 143:8 suggest a context of flight seeking protection. The psalmist seeks not to be shamed (v. 2b-c). In v. 3, however, the singular subject is broadened to all those who wait for the Lord. The psalmist’s situation is related to the whole community of faithful. In the second half of the opening prayer the psalmist seeks to know and learn the ways and paths of the Lord, defined in vv. 4-5a as the Lord’s truth. Truth in this psalm is not an abstract quality but a relational one. But not only are the Lord’s ways and paths defined as ‘truth’ or ‘faithfulness’. The teaching and learning of them are salvation. ‘Waiting’ or hoping for such things is modeled by the psalmist.
The latter half of vv. 6-7 forms a small framed unit around the theme of memory. The verb ‘remember’ is mentioned three times (once in NRSV as ‘be mindful’). The psalmist asks the Lord to remember not the past, which is defined here by ‘sins’ and ‘transgressions’, but the Lord’s own compassion and ‘love’. These things are eternal and while the psalmist does not want to ignore the weight of their own sin (cf. v. 11), they put it in perspective by setting it alongside the things of the Lord – ‘love’ and ‘goodness’. It is little wonder that the psalmist is prepared to ‘wait’ for the Lord all day long (v. 5). Who the Lord is makes such waiting possible.
In vv. 8-11the psalmist explores the Lord’s nature further, particularly in relation to the people. Just as the psalmist has a desire to be taught (vv. 4-5), so the Lord’s own goodness and uprightness lead them to instruct sinners in the way, i.e. in ‘what is right’, ‘love’ and ‘faithfulness’. A mutual desire for instruction and learning, i.e. salvation, allows the life of the one who waits to reflect the qualities of the Lord. But we ought not to miss the brief proviso at the end of v. 10. All this is for those who keep the Lord’s covenant and decrees. While the Lord’s faithfulness etc. is the basis for dealing with sinners, the responsibility for loyalty and obedience on the part of the faithful is not negated.
The response of the psalmist, and all faithful ones, to the nature of the Lord is stressed in v. 11. Having stressed the Lord’s mercy and ‘love’ and desire to instruct the sinner in what is right, the psalmist proclaims their own need of forgiveness for their transgression is ‘great’. But we should not miss the way the verse is expressed. The ‘greatness’ of the psalmist’s transgression is not the focus. Emphasis is placed on ‘For your name’s sake, O Lord’. Psalm 25 expounds on Ps. 23:3 at this point.
The psalmist’s second meditation opens with a question in v. 12, but underlines similar points. Just as vv. 8-11 ended with the psalmist’s response to the nature of the Lord in v. 11, so the meditation on those who fear the Lord in vv. 12-15 ends with the psalmist’s attestation of their attention to the Lord and the assurance in that (v. 15).
The psalmist returns to the prayer of lament in vv.16-18. Their plea emerges from the confidence of vv. 12-15. The focus is again on sin and distress and the ‘troubles of (the) heart’ (v. 17).
In the final section the psalm comes full circle. The psalmist’s plea continues but it moves back to the subject of the start of the psalm. They have taken refuge in the Lord and seek for ‘integrity’ and ‘uprightness’ to keep them (v. 20).
In Psalm 25 the psalmist lifts up their life to the Lord even as they did not ‘lift (their) life’ to falsehood, but lifted a blessing from the Lord in Ps 24:5. Following the words of trust and praise in the previous psalms, the themes of waiting, and seeking forgiveness in this Psalm 25 stress that coming near to the Lord is not easily undertaken. Nor is taking ‘the way of the righteous’ as set out in Psalm 1. We are aware, as in earlier laments, of struggles along the way, both external in terms of enemies, and internal ‘troubles of the heart’. Deliverance from the things that would oppress the one who fears the Lord, or from even choosing ‘the way of the wicked’, requires discipline and instruction. The psalmist needs to be taught by the Lord. They are called to learn the ways of the Lord which themselves reflect goodness, uprightness, integrity, mercy, and ‘love’. But these are all the qualities of the Lord. They are not only set out before the psalmist to choose, but they also sustain the psalmist. Through them the psalmist is brought into the covenant community of God.
The words of Psalm 25 lend themselves best to the prayer of confession. Verses 4-7 would form an appropriate conclusion to the prayer of confession said by the whole congregation.

matches: v. v. v. v. v. v. v.


Davis v. State – Davis was charged with auto theft, receiving stolen property and conspiracy. He was found guilty only on the receiving stolen property charge. On appeal he challenges the sufficiency of the inditment and the state concedes the error. Pursuant to the receiving stolen property statute, M.C.A. § 97-17-70(3) (a), “Evidence that the person charged under this section stole the property that is the subject of the charge of receiving stolen property is not a defense to a charge under this section; however, dual charges of both stealing and receiving the same property shall not be brought against a single defendant in a single jurisdiction.” Since Davis’ indictment violated this provision, his conviction must be reversed. The Court states that it will not address the double jeapardy consequences, if any, of the reversal because this issue was inadequately briefed.
Watts v. State – Watts was convicted of armed robbery and sentenced as an habitual. He raises two issues. The first is that the court erred in not declaring a mistrial when one ofthe state’s witnesses admitted that she had consumed “half a case” (presumably of beer) and some wine. The Court found this issue procedurally barred because trial counsel failed to object. The Court reversed on the habitual status. To prove that Watts was an habitual, the state introduced certified copies of two sentencing orders. The problem, though, is that Watts was charged with being an habitual based on his having been convicted and served more than one year on two separate felnies (Sect. 99-19-83). Here the State failed to prove that Watts served at least a year on each conviction. Even the State conceded it was required to show the length of time Watts was incarcerated on each felony. The Court had no choice but to reverse.
Smith v. State – Smith was convicted of her third DUI in five years and sentenced to five years (but only half that to serve) and restitution to pay the property damages and medical bills for all three persons injured in the two-vehicle crash that alerted law enforcement to Smith’s drinking and driving. On appeal she argues that the restitution order was error because the jury’s determination of guilt did not include any findings that Smith’s driving caused or contributed to the accident. She bases this argument on caselaw from other states wherein those states have found their restitution statutes to require a finding of specific causation. The State argues that there was plenty of circumstantial evidence of causation. The Ct of Appeals agrees that the circumstantial evidence was sufficient to support the restitution award.
Pugh v. State – This case is interesting to me because I constantly get calls from inmates who think there is some mechanism for getting their sentence reduced. I always tell them there is no such thing. Here, Pugh was charged with felon in possession and for having between 10 to 12 dosage units of MDMA. Pugh pleaded guilty and the Court accepted the state’s sentencing recommendation which was five years with release after serving fourteen-and-a-half months followed by five years post-release supervision. After Pugh served the fourteen-and-a-half months, he was released only to be returned to federal prison to finish a federal sentence. Aggravated that the feds won’t credit him for the time served in state prison, he brings a motion to modify his sentence. The Court finds that “trial courts, in most circumstances, lack jurisdiction to resentence convicted felons.
Collins v. Collins – Arthur appeals the Court’s upward modification of the seperate maintenance he must pay his wife. The initial award was decided in 2001. In 2011, Arthur began receiving social security benefits of $2300 a month. The Ct. of Appeals finds that the chancellor did not abuse his discretion in modifying the separate maintence amount.
“When a person is convicted of criminal activities which have resulted in pecuniary damages” does not, says the court, mean that the activities have to have *caused* the damages? That is too cute by half, sez me.


text:
(1) In the following we provide information on the collection of personal data when our website is used. Personal data includes all data that refers specifically to you, e.g. name, address, e-mail address, user behaviour.
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(3) Information regarding the data protection officer: Pursuant to § 38 (1) German Federal Data Protection Act (BDSG), Deutsche Fachpresse Servicegesellschaft mbH is not required to appoint a data protection officer because the number of individuals constantly engaged in the automated processing of personal data is lower than 10.
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(3) The provider of the plug-in saves the data collected about you as a user profile and uses it for the purpose of advertising, market research and/or tailored design of their website. Such assessment is, in particular, used for targeted advertising and to inform other users of the social network about your activities on our website (including users who are not logged in). You have the right to object to the creation of such user profiles, but must exercise that right by contacting the respective plug-in provider directly. We use plug-ins to give you the opportunity to interact with social networks and other users, thereby allowing us to improve our offering and make it more interesting to you as a user. The legal basis for the use of plug-ins is Art. 6 (1) (f) GDPR.
(4) Data is provided to the third parties irrespective of whether you have an account with the plug-in provider and are logged in there. If you are logged in at the plug-in provider, then the data they collect via our website is immediately assigned to your existing account with the plug-in provider. If you use the activated button, e.g. to link to the site, the plug-in provider also saves that information to your user account and publicly displays it to your contacts. We recommend that after you have finished using a social network you log out regularly, particularly before activation of the button, as that allows you to avoid assignment of the information to your profile at the plug-in provider.
(5) Further information regarding the purpose and extent of the data collection and its processing by the plug-in provider is provided in the data protection policies of those providers, which are listed below. There you will also receive further information about your related rights, along with the settings options for protecting your privacy.
a) Facebook Inc., 1601 S California Ave, Palo Alto, California 94304, USA; www.facebook.com/policy.php; further information regarding the data collection: www.facebook.com/help/186325668085084, www.facebook.com/about/privacy/your-info-on-other and www.facebook.com/about/privacy/your-info. Facebook is committed to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.
b) Twitter, Inc., 1355 Market St, Suite 900, San Francisco, California 94103, USA; twitter.com/privacy. Twitter is committed to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.
c) LinkedIn Corporation, 2029 Stierlin Court, Mountain View, California 94043, USA; www.linkedin.com/legal/privacy-policy. LinkedIn is committed to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.
d) XING SE, Dammtorstraße 30, 20354 Hamburg, Germany; https://www.xing.com/imprint; more information regarding data protection: https://privacy.xing.com/de/datenschutzerklaerung.
(1) Our website includes embedded videos that are saved to www.YouTube.com and can be played directly from our website.
(2) When you visit the website, YouTube is informed that you have accessed the respective sub-page of our website. The data listed in § 3 of this Policy is also transmitted. The data is transmitted regardless of whether you have a YouTube user account that you are logged in to or you do not have a user account. If you are logged in to Google, then your data is assigned to your account immediately. If you do not want the information to be assigned to your YouTube profile, then you must log out before you activate the button. YouTube saves your data as a user profile and uses it for the purpose of advertising, market research and/or tailored design of their website. Such assessment is, in particular, used for the provision of targeted advertising and to inform other users of the social network about your activities on our website (even for users who are not logged in). You have the right to object to the creation of such user profiles, but must exercise that right by contacting YouTube directly.
(3) Further information regarding the purpose and extent of the data collection and its processing by YouTube, is provided in its data protection policy. There you will also receive further information about your rights, along with the settings options for protecting your privacy. www.google.de/intl/de/policies/privacy. Google processes your personal data in the USA and is committed to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.
(1) Our website uses the Google Maps service. This allows us to show you interactive maps directly on our website and lets you conveniently use the associated map functions.
(2) When you visit our website, Google is informed that you have accessed the respective sub-page. The data listed in § 3 of this Policy is also transmitted. The data is transmitted regardless of whether you have a Google user account that you are logged in to or you do not have a user account. If you are logged in to Google, then your data is allocated to your account immediately. If you do not want the information to be assigned to your Google profile, then you must log out before you activate the button. Google saves your data as a user profile and uses it for the purpose of advertising, market research and/or tailored design of their website. Such assessment is, in particular used for the provision of targeted advertising and to inform other users of the social network about your activities on our website (even for users who are not logged in). You have the right to object to the creation of such user profiles, but must exercise that right by contacting Google directly.
(3) Further information regarding the purpose and extent of the data collection, and its processing by the plug-in provider, is provided in the provider’s data protection policy. There you will also receive further information about your related rights, along with the settings options for protecting your privacy: www.google.de/intl/de/policies/privacy. Google processes your personal data in the USA and is committed to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework.

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Frederick Lachat, Jr. practiced as a Senior Trial Attorney for the Southeastern Pennsylvania Transportation Authority until 1978 when he joined Margolis Edelstein. He became a partner in 1982, but departed thereafter as a founding partner in the defense litigation firm of Gallagher, Reilly & Lachat. He rejoined Margolis Edelstein as a partner in 2000.
Fred has extensive experience in the handling of major defense litigation cases involving catastrophic property losses, construction accidents, railroad litigation, product liability claims, and insurance defense and coverage litigation. An integral part of his practice has involved FELA cases and the defense of rail carriers for more than 20 years.
After college and before attending law school, Fred served as a communications officer in the U.S. Navy.
Representative Matters: Sixberry v. Buster - Following defense verdict, attorney for plaintiffs' application to speak to jurors denied lest it operate to intimidate, beset and harass them .; Nickel v. Pennsylvania Avenue Bar, Inc. - Defense verdict for property owner allegedly exposing trash collector to unreasonable risks on highway. Post-trial motions denied.; Breuninger v. Pennland Insurance Company - Summary Judgment in favor of client insurer issuing lower limits uninsured/underinsured motorist coverage policyholder upheld on appeal.; Conner v. Quality Coach, Inc. - Supreme Court declines to extend government contractor defense to manufacturer of van modified for use by handicapped drivers, and made to specifications of Pa. Office of Vocational Rehabilitation.; Mathis v. Unemployment Compensation Board of Review - Commonwealth Court rejects plaintiff's claim that he was forced to resign from employment because employer required him to wear ID badge with religious-themed mission statement; Arnold v. Vilsmeier Auction Co., Inc. - Directed verdict in favor of client for value of wrongfully-seized hydraulic excavators based upon breach of warranty of title by auctioneer.; J. Kinderman, Inc. v. United National Insurance Company - Client issuing umbrella policy not required to drop-down below primary limits due to insolvency of underlying insurer.; Ward v. Lower Southampton Township - Verdict for plaintiff of $779,907 against Township awarded in Philadelphia County vacated, and case remanded to Bucks County. Supreme Court holds that action against a political subdivision may be commenced only in the County in which the Township is located, or in which a cause of action arises.; Wicks v. Commonwealth Department of Transportation, et al. - Defense verdict for property owner who maintained mail boxes too close to highway against catastrophically injured motorcyclist. Court precluded evidence of prior accidents in the same location, since not sufficiently similar to Plaintiff's accident.; Sweeney v. Pennsylvania Insurance Guaranty Association - Property damage appraisal award in favor of client enforced by trial court.; Cannon v. Hilton Hotels Corp. - Wrongful death and survival action arising from electrocution death of Pennsylvania resident in New Jersey results in application of the law of New Jersey, thereby reducing Estate's potential recovery.; Bell v. Brennan - Court holds that plaintiff fails to state valid claims for civil rights violations and malicious prosecution resulting in dismissal.; Crivellaro v. Pa. Power and Light Co. - Preliminary objections to plaintiff's false imprisonment claims sustained.; Eibschitz v. Harleysville Insurance Companies - Preliminary objections sustained, and plaintiff's petition for Pennsylvania no-fault benefits dismissed since plaintiff New Jersey resident not eligible for Pennsylvania benefits.; Rothfeld v. Mutual of Omaha Insurance Company - Client recovers benefits under accident health insurance policy despite pre-existing condition exclusion.; Hill v. Southeastern Pennsylvania Transportation Authority - Order allowing default judgment against client bus driver to be opened, upheld on appeal.; Babish v. National Railroad Passenger Corporation - Jury verdict in favor of client railroad against visitor on train claiming train moved while she was attempting to step from train to platform.; Peronteau v. Gross School Bus Service, Inc. - Summary judgment for school bus operator under contract with School District. Alleged civil rights violations dismissed.; Slaughter v. National Railroad Passenger Corporation - Verdict in favor of railroad on FELA and negligence claims by employee against railroad and contractor. Contractor obligated to indemnify client railroad for attorney's fees and costs based on indemnity provision in contract.; Dunsmore v. Centinaro - Defense verdict in favor of client whose vehicle rear-ended plaintiff's vehicle resulting in claimed permanent injuries and disability. Plaintiff provided false medical history relating to military service in Vietnam, when in fact he never served in Vietnam, and was discharged from the Army, receiving an undesirable discharge.; Garrett v. National Railroad Passenger Corporation - Plaintiff's attorney precluded from offering evidence of statement given by railroad employee who was contacted in violation of Rule 4.2 of the Rules of Professional Conduct.; Carrigan v. Budget One Way Truck - Verdict in favor of client against plaintiff who claimed that hitch for rental truck car dolly malfunctioned causing serious injuries. The court found plaintiff's testimony to be unworthy of belief and expert's opinions speculative and not credible.
Contact Frederick T. Lachat, Jr.

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Through:      Mr. Ravindra S. Garia, Advocate.
1. This appeal is directed against the judgment dated 5th May 2017 passed by the learned Single Judge of this Court dismissing the Appellant‟s W.P.(C) 2914/2007 and thereby upholding an award dated 11th July 2006 by the Labour Court holding the Appellant‟s removal from service of the Respondent, the Delhi Transport Corporation („DTC‟), to be legal and justified.
2. The Appellant was employed as a Conductor with the DTC on 22nd June 1985. He was on duty as Conductor on Route No.304 (Mela Special) on 23rd November 1992. The bus started from Pragati Maidan and upon reaching National Stadium, a group of five passengers boarded the bus and sat on the front seats. According to the Appellant, when he approached them for tickets, they said that they would buy them in due course. The bus had then hardly moved 100-150 metres ahead when near the Zoo bus stop, a Checking Team signalled the bus to stop and found that the aforementioned five passengers did not have tickets. The Team then seized un-punched tickets from the Appellant and got the five passengers to pay Rs.3/- each (total Rs.15/-) to the Appellant.
“That on 23.11.1992, while performing duty with bus No. 9467of Route No. 304 Ext. (Mela Spl) from Pragati Maidan to Lajpat Nagar. You did not issue tickets to a group of 5 passenger.
You were not sitting on your seat.
The Checking officials while checking the bus found the irregularity on your part and not paid Rs. 15/- to you against unpunched ticket Nos. 506-17316 to 17320, five tickets @ Rs. 3/- each.
4. In a reply dated 23rd December 1992, in response to the charge sheet issued against him, the Appellant pointed out that despite apprising the Checking Team of the correct factual position, they did not listen to him. He claims therein that as he reached near the five passengers in question, the bus had travelled only around 100-150 metres when the Checking Team boarded the bus at the Zoo bus stop and snatched the ticket book from him. He further states that even though the passengers‟ objected to their actions and the Appellant asking them to, the Checking Team did not record any of the passengers‟ statements. He pointed out that as per the rules of the DTC, the Checking Team could take un-punched tickets “only after third fare stage”. Further, the checking staff had given the Appellant “the fare itself after recovering the same from the passengers”. This meant that he did not misappropriate the revenue of the DTC. He submitted that the allegations made against him were false and baseless.
5. The Appellant then points out that the DTC purportedly sent him intimation about inquiry proceedings which were to take place on 26th April 1993 by UPC even though the norm was that the workman on duty was to be informed of such proceedings by the Depot Manager. He claims that said intimation never reached him and, as a result, he did not attend the proceedings on 26th April 1993 during which two witnesses of the management were examined in his absence.
6. Thereafter, upon receiving intimation of the inquiry proceedings, the Appellant appeared before the Inquiry Officer („IO‟) on 26 th May 1993. However, he states that he was not informed that two witnesses of the management had already been examined on the previous date. He was also not supplied with copies of the statements made by said witnesses thus depriving him of the opportunity to cross-examine them in aid of his defence. The charges were read to the Appellant and he was asked to produce witnesses in his defence which he was unable to do. It was then noted that the Appellant had “stated that whatever allegations levelled against him are correct”. The Appellant‟s explanation of what had transpired was immediately set out thereafter in the report itself. Nevertheless, the IO concluded that the allegations against the Appellant were true and correct because he “had already admitted the allegations levelled against him in his statement without any undue pressure or influence”.
7. In the statement made by him during the inquiry proceedings, the Appellant had insisted that despite him repeatedly asking them to buy tickets, the passengers in question, who boarded the bus at National Stadium bus stop, did not do so. He then stated that the Checking Team which boarded the bus at Zoo bus stop, which is 100-150 metres down the road, seized the ticket book from him and issued five un-punched tickets to the passengers in question and issued a challan against the Appellant.
9. The Disciplinary Authority („DA‟) considered the inquiry report and the explanation of the Appellant and, by an order dated 19th January 1994, inflicted the penalty of removal from service upon the Appellant with effect from 20th January 1994.
10. The Appellant then approached the Labour Court in Industrial Dispute No.679/1996. In his affidavit dated 14th October 1998, he pointed out, inter alia, that during the course of inquiry proceedings, the IO did not even bother to call for any of the defaulting passengers or the particulars of these passengers were never informed to him so that at least a few of them could have been called before the IO. He maintained that the inquiry was illegal and arbitrary. In his deposition, he maintained that he had not received intimation about the inquiry on 26th April 1993. He further points out that even MW-1 admitted in his cross-examination that no preliminary inquiry appeared to have been conducted before entrustment of the matter to the IO.
11. The Labour Court pronounced its decision on 22nd May 2006, upholding the order of removal of the Appellant from service by holding that there was no perversity in the report of the IO. In the order itself, there was no discussion of any of the contentions of the Appellant.
14. According to the learned Single Judge, the Appellant had failed to show what prejudice was caused to him “on account of the so-called vagueness of the charge levelled against him in the Inquiry, as he was well aware of the case set up against him in the departmental proceedings”.
15. The learned Single Judge observed that the version of the Appellant about the passengers refusing to take the tickets “is highly improbable and unacceptable in view of reliable version of the Checking Team”. Further, it was held that considering his past record, the penalty inflicted on the Appellant was fully justified.
16. This Court has heard the submissions of Mr. Ravinder S. Garia, learned counsel for the Appellant, and Mr. Purvesh Buttan, learned counsel for the DTC.
17. At the outset, it requires to be noticed that there is a fatal flaw in the charge sheet itself which has been completely overlooked by the Labour Court as well as the learned Single Judge. The charge sheet alleged that the Appellant harboured a “mala fide intention of stealing Government revenue”. This was a case where the allegation was that the Appellant had failed to issue five tickets. This was not a case where he had collected money and not issued tickets or even that he had issued tickets but had not collected money for the same. How the Appellant could then have been accused of intending to steal Government revenue is not explained. The other stark facts are that the distance between the National Stadium bus stop, where the five students boarded the bus, and the Zoo bus stop, where the Checking Team got onto the bus, is hardly 100 metres. Therefore, it could hardly be said that the Appellant deliberately failed to issue tickets to the five passengers. Therefore, in the considered view of this Court, the entire charge sheet itself was fatally flawed to begin with.
18. The further factor to be noticed was that those five passengers were issued tickets by the Checking Team itself and they paid Rs.3/- each which was collected by the Checking Team and given to the Appellant. There was, therefore, no loss of revenue whatsoever. This was not a case where theAppellant was found with money in excess of what should have been collected against the tickets issued by him. It was also not a case that the money in his possession was less than what should have been collected against tickets issued by him. In other words, this is not an instance where any loss of revenue to the DTC was detected. The question of the Appellant harbouring an intention of stealing Government revenue was, therefore, not made out even from the demonstrated facts.
19. The next factor to be noted was the purported admission of guilt by the Appellant which is wholly inconsistent with the explanation offered by him, both in his reply to the charge sheet at the first instance and again in his final statement made before the IO. If all the facts set out by the DTC itself do not show any intention on the part of the Appellant to steal Government revenue, the question of him admitting any such guilt simply does not arise. Therefore, the recording by the IO of the admission of guilt by the Appellant is perverse and ought to have been ignored by the Labour Court as well as the learned Single Judge.
20. The Court has also perused the counter affidavit filed by the DTC before the learned Single Judge and finds that there is no mention therein of any past instance of the Appellant being found guilty of any charge. Therefore, the observations of the learned Single Judge that “considering the past record of Petitioner”, the penalty inflicted upon him was “amply justified” is plainly without basis. The DTC has not come forward in the present proceedings to show any past record of the Appellant that justifies this extreme penalty of termination of service.
21. In its counter affidavit filed in the writ proceedings before the learned Single Judge, the DTC relied on a number of Supreme Court judgments with regard to the conduct of bus conductors. Although the facts in the present case are clearly distinguishable, this Court nevertheless proposes to discuss the case law hereafter.
22. In State of Haryana v. Rattan Singh (1977) 2 SCC 491, the Supreme Court dealt with a case where a bus conductor was proceeded against because it was found that four passengers had alighted without tickets and 11 passengers on the bus were found without tickets although they claimed to have paid the fare. While upholding the termination of employment, the Supreme Court found it fit to direct that “the State shall pay the Respondent all that is due to him under the industrial law as an employee when his services are terminated without penal consequences”. Here, the passengers found without tickets had not paid any fare. They had boarded the bus only in the previous stop. No extra cash was found on the Appellant. The passengers were issued tickets by the checking team. Their statements were not recorded. Consequently, the decision in Rattan Singh (supra) is distinguishable on facts.
23. The decision in Rattan Singh (supra) has been followed by this Court in Delhi Transport Corporation v. Mohinder Singh 16 (1979) DLT 220 which was a case involving the dismissal of a bus conductor on account of an alighting passenger being found with no ticket issued to him. In that case, unlike the present case, the statement of the defaulting passenger was recorded wherein he stated that he had paid the bus fare to the conductor but was not issued a ticket. In his written reply to the charges, the conductor in that case admitted that he had not issued the ticket to the passenger because “there was a rush in the bus”. Furthermore, the conductor in that case was one who had a chequered record having been found guilty of this malpractice on multiple occasions in the past. Thus, the punishment of dismissal was imposed on him. This case too is clearly distinguishable from the present case with there being no statement of the defaulting passengers herein that would corroborate the checking team‟s claim that the Appellant had failed to issue tickets with an intention to steal Government revenue.
24. The DTC also cites the decision of this Court in LPA 90/2007 dated 15th May 2007 (Ramesh Kumar v. Delhi Transport Corporation), wherein the statements of the passenger witnesses were recorded by the checking staff, which is not the case herein. Further, that was a case in which, when the checking staff sought to verify the amount of money with the conductor, he threw money out of his bag. No such allegation is made against the Appellant herein. Thus, on these two key aspects, the present case is clearly distinguishable on facts.
25. In Karnataka State Road Transport Corporation v. B. S. Hullikatti (2001) 2 SCC 574, the Supreme Court was dealing with a case where the conductor had issued tickets with Rs.1.75/- face value to 35 passengers instead of tickets with Rs.2.25/- face value. Further, the conductor therein had previously been found guilty of misconduct on as many as 36 separate instances. Thus, reliance upon this decision is of little help to the DTC.
26. Reliance is further placed on the decision of this Court in LPA 2269/2006 dated 19th January 2007 (Ishwar Singh v. Delhi Transport Corporation). This case too concerns the issuance of tickets with Re.1/- face value instead of tickets with Rs.2/- value. The conductor in this case admitted this fact and claimed that he had done so by mistake on account of the rush of passengers on the bus. Here too the statements of the passengers were recorded and the conductor was confronted with the same. This is clearly not the case presently as is evident from the absence of any evidence on the record from the passengers to whom the Appellant herein had failed to issue tickets.
27. The case in Regional Manager, UPSRTC v. Hoti Lal (2003) 3 SCC 605 pertained to a conductor who, in addition to failing to issue tickets to 16 passengers, was also found in possession of old tickets which he intended to re-use. The decision primarily dealt with the question of whether the High Court was justified in interfering with the quantum of punishment awarded to the conductor by directing the employer to award any punishment except for removal, termination, or compulsory retirement. The Supreme Court allowed the appeal against such interference on the ground that the High Court had failed to provide any reasons in its order for why it saw fit to interfere with the quantum of punishment.
28. Thus, the decisions relied upon by the DTC are not of particular relevance to the present case. Here, there is no written statement of the defaulting passengers and no recoveries from the Appellant which would lend credence to the finding of guilt against him. There has been a failure to take into account the circumstances surrounding the incident in question where the defaulting passengers boarded the bus only very shortly before the checking team intervened. The finding of guilt against the Appellant in the present case appears to be on the basis of non-existent evidence.
30. In the present case again, the explanation offered by the Appellant was completely ignored. No attempt was made by DTC to lead any evidence of a credible nature to prove the charges. The enquiry proceeded on the basis that the Appellant had admitted his guilt when the explanation offered by him on two occasions in writing clearly indicated to the contrary. The Court is of the view that, beginning with the thoroughly flawed charge sheet, the proceedings against the Appellant which culminated in the IO‟s finding of guilt against him was perverse. The inquiry report ought to have been set aside by the Labour Court.
31. For the aforementioned reasons, the report of the IO, the order of the DA, the order of the Labour Court, and the impugned judgment of the learned Single Judge are set aside.
35. In the present case, the Appellant has not reached the age of superannuation and the Court sees no reason why an order of reinstatement in service should not be passed in his favour. He has suffered for 24 long years in his quest for justice. His removal from service was as a result of an unfair and unjust enquiry. In circumstances such as these, it would not be justified to deny full relief to the workman who has succeeded in contesting the finding of guilt against him. Accordingly, a direction is issued to the DTC to reinstate the Appellant in service with full back wages and all consequential benefits within a period of eight weeks from today.
36. The appeal is allowed in the above terms with costs of Rs.20,000/- which will be paid by the DTC to the Appellant within four weeks from today.

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