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JAMES H. REED vs. A. E. LITTLE COMPANY & others.
Present: RUGG, C.J., BRALEY, CROSBY, PIERCE, WAIT, & SANDERSON, JJ.
(4) In the circumstances, tender of a return of the money received by the plaintiff was not required.
BILL IN EQUITY, filed in the Supreme Judicial Court for the county of Suffolk on February 5, 1925, seeking rescission by reason of fraud of certain contracts in writing made by the plaintiff with the defendant corporation and an accounting under contracts previously made by the parties.
The defendants filed an answer containing a demurrer. So much of the answer as was a demurrer was heard by Carroll, J., and was overruled. At the request of the plaintiff, the single justice reported the ruling to the full court under G. L. c. 214, s. 30, for determination before further proceedings in the suit.
The case was argued at the bar in January, 1926, before Rugg, C.J., Pierce, Wait, & Sanderson, JJ., and afterwards was submitted on briefs to all the Justices except Carroll, J.
S. L. Whipple, (E. C. Park with him,) for the defendants.
R. Spring, ( R. C. Evarts with him,) for the plaintiff.
SANDERSON, J. This case comes up on a report by a single justice of this court after he had overruled so much of the answer as was a demurrer.
stance, to assign to the company all applications for patents on improvements made by him on certain machines named therein and on any other machines connected with the manufacture of shoes made by him while in the employ of the company. The agreement further provided that the plaintiff's interest in these machines should be the same as his interest in the lock stitch machine under the first agreement. The plaintiff in all respects performed his part of the contracts.
In 1923 the plaintiff was about sixty-three years of age, without experience in business and financial affairs and was ignorant of the commercial value of the patents referred to. He had acquired great confidence in the ability, business capacity and honesty of Little and had come to believe that Little was friendly to him and was a man in whom he might have absolute confidence and to whom he might safely apply for advice and counsel touching matters outside the scope of the plaintiff's own experience. Little was fully aware of all these facts., and at all times referred to in the bill of complaint he acted as agent of and in behalf of the defendant company, was familiar with the value of patents, and was a man of wide business experience, marked ability and great shrewdness.
to that point they had reached a stage where the defendant company and Little well knew and firmly believed that the patents could be sold for a consideration of approximately $3,000,000 and that such sale was imminent and likely to take place within a brief period.
On December 17, 1923, the plaintiff was called to the office of the company and Little then stated to him, in substance, that the company desired to be relieved from its obligation to pay the plaintiff ten per cent of the purchase price of the patents and wished the plaintiff to sign a proposed contract then presented to him. The plaintiff read the proposed contract, and, reposing trust and confidence in Little, asked him to advise him as a friend in the interest of the plaintiff, in respect to the matters therein contained, and whether it was for the plaintiff's best interest to sign such an agreement and accept in lieu of the right to ten per cent of the sale price of the patents, a sum as therein stated between $50,000 and $75,000 to be paid within three months. Little thereupon pretended and undertook to advise the plaintiff as his friend, and in the plaintiff's interest, and advised him to sign the proposed contract, stating that in his opinion it was for the plaintiff's best interest that he should sign. The plaintiff, believing the advice to be truthful and disinterested, accepted the same as given in his interest; but Little, intentionally omitting to disclose to the plaintiff any of the facts relative to the negotiations for the sale of the patents then pending as hereinbefore set forth, stated to the plaintiff that he did not believe an offer of over $200,000 would be made for the patents and that by signing the proposed contract the plaintiff would receive a larger sum than he would receive if he insisted on his rights under the original contracts.
he intended to induce and succeeded in inducing the plaintiff to accept, in lieu of his rights under the original contracts, a sum far less than the amount which he well knew the plaintiff would be entitled to receive in the event that he did not sign the proposed contract. All of Little's statements of fact were made to deceive the plaintiff, and the statements of his opinion and belief were opposite to the real opinions and belief then held by him, and were made for the purpose of deceiving and defrauding the plaintiff. In reliance upon these statements and in ignorance of the true value of the patents, the plaintiff signed the proposed contract. Shortly afterward the plaintiff, still relying upon the advice and representations of Little, signed a contract, stating the terms of the agreement more formally. Thereafter the company, at the request of Little, offered the plaintiff a check for $50,000 in accordance with the terms of the contract made by him, and the plaintiff accepted the check and signed a release dated March 18, 1924, still relying upon the assurances of Little hereinbefore set forth and upon his trust and confidence in his sincerity and disinterestedness.
On the date when the release was signed or shortly thereafter, the patents were sold and conveyed by A. E. Little Company to a new company, for $1,000,000 in cash and more than fifty per cent of the stock in the new company, with an option in the United Shoe Machinery Company to buy the stock issued to the defendant company for $2,000,000. The plaintiff discovered the facts in regard to this sale in November, 1924, and thereupon notified A. E. Little Company that he rescinded all contracts following the two originally made. By the bill he seeks to recover ten per cent of the selling price which the defendant company has received or is to receive from the sale of the patents less the sum of $55,000 previously paid him.
right to rely knowing that Little, as president of the company, had a fiduciary duty to act for it and was therefore not disinterested; and that the failure to disclose the negotiations was not a fraud on the plaintiff, since it does. not appear that Little owed him a duty to disclose such facts". We treat this part of the answer as if it had been presented by formal demurrer.
A principal is liable for the torts of his agent committed within the scope of his employment. Haskell v. Starbird, 152 Mass. 117. Weeks v. Currier, 172 Mass. 53. By accepting the benefits of a fraudulent transaction the principal adopts his agent's fraud and becomes liable even though the fraud had not been authorized. Isenbeck v. Burroughs, 217 Mass. 537, 540. Lazenby v. Henderson, 241 Mass. 177, 181. Bennett v. Judson, 21 N. Y. 238, 239. Directors are trustees for the stockholders and are bound to act solely for the benefit of the corporation, and should have no personal interest adverse to that of the corporation. Alvord v. Cook, 174 Mass. 120, 126. Maxwell v. Massachusetts Title Ins. Co. 206 Mass. 197, 202. Allen-Foster-Willett Co. petitioner, 227 Mass. 551, 556. Guay v. Holland System Hull Co. 244 Mass. 240, 246. But this rule has no application to the case where the director pretends to act in the interest of a third party to gain some unfair advantage for the corporation, and it cannot defend against fraudulent acts committed in its behalf by contending that the director had a fiduciary duty to the corporation. Upon the allegations in the bill, Little was acting solely in the financial interest of the corporation though pretending to be the friendly adviser of the plaintiff. The rule that a party cannot serve two masters has no application to such a situation. The demurrer does not raise the question which would be presented in a case where the corporation is protecting itself from acts of an agent who has really been representing himself, or a third party, in a matter where his sole duty was to the corporation. The demurrer admits that while the company's agent was fraudulently pretending to act in the interest of the plaintiff, he was really acting for the company.
one party reposes confidence in the integrity of another and the other party in advising voluntarily assumes and accepts the confidence. The circumstances disclosed by the bill were such as to indicate a just foundation for a belief that, in giving advice or presenting arguments, the defendant company, speaking through Little, was acting in the interest of the plaintiff. Comstock v. Livingston, 210 Mass. 581, 584. In the case last cited the confidential relationship was not established. There was no promise to advise as a friend and in the plaintiffs interest, and the defendant did not know that reliance was being placed upon him. See Ricketts v. Tompkins, 3 Buch. 552. In Fisher v. Budlong, 10 R. I. 525, the fact that the defendant professed to aid the plaintiff in selling his stock and getting a good price for it was held to be material in proving that he had assumed the obligations of a trusted adviser.
did not as matter of law prevent the plaintiff from placing reliance upon him as a friendly adviser in the plaintiff's own interest. Upon the allegations in the bill the corporation, acting through its president, took an unfair advantage of the plaintiffs trust in him, and the plaintiff is entitled to equitable relief. Upon the facts stated, tender of the return of the money received by the plaintiff was not required. Ross v. Burrage, 233 Mass. 439.
The order overruling the demurrer is affirmed with costs of this appeal.

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Contributor to Encyclopedia Britannica, 15th edition; article "Ocean Basins"
Chief Scientist: 1967, TOW MAS cruise in northeast Pacific; 1971, CHAIN cruise 100, Legs 8 and 9 to New Hebrides Island Arc and Solomon Sea; 1971, ALVIN diving operations in the Bahamas; 1972, Leg 26 of Deep Sea Drilling Project, Indian Ocean (with Davies); 1973, KNORR cruise 31 (FAMOUS), Deep Tow Legs 1 and 2 to Mid-Atlantic Ridge; 1976, Leg 49 of Deep Sea Drilling Project, North Atlantic (with Cann); 1979, RISE project ALVIN dives on East Pacific Rise 21°N (with Macdonald and Spiess); 1982-83, high resolution mapping in Santa Barbara Channel; 1996, Nathaniel Palmer cruise 96-01 to the eastern Ross Sea and western Marie Byrd Land (with Bartek); 1998, Kiwi Leg 12 on R/V Roger Revelle to Manihiki Plateau, South Pacific; 2003, 2004 Nathaniel Palmer cruises 03-01 and 03-06 to the Ross Sea (with Bartek, and D.S. Wilson).
Participant: 1962, PROA, geological exploration of western Pacific; 1966, seismic exploration of Hawaiian Arch; 1966, Deep Tow exploration of Hawaiian Arch; 1967-68, Deep Tow investigations off California coast; 1967, sonar search for sunken Roman shipwrecks off coast of Turkey; 1970; SEVEN TOW, Deep Tow exploration of Aleutian Trench; 1978, AMAR-78, ALVIN dives in FAMOUS area; 1987, sonar search for PacBaroness shipwreck; 2005 DELTA submersible and sonar investigations at the Coal Oil Point seep field, Santa Barbara. 2006 Nathaniel Palmer cruise 06-07C to the Chatham Rise, New Zealand.
1978, paleomagnetic studies on the Samail ophiolite, Sultanate of Oman; 1984, 1985, paleomagnetic studies in the Southern Alps and environs, New Zealand; 1989/90 and 1990/91, paleomagnetic and geologic studies in the Ford Ranges, Marie Byrd Land, West Antarctica. 1992/93 participant in seventh German national Antarctic expedition to Marie Byrd Land.
Marine geophysics, plate tectonics, paleomagnetism, paleooceanography and paleoclimate, exploration geophysics, southern California, West Antarctica tectonics and glacial history, marine hydrocarbon seeps.
Luyendyk, B. P. A model for Neogene crustal rotations, transtension, and transpression in southern California. Bull. Geol. Soc. Amer., v. 103, 1528-1536, 1991.
Luyendyk, B.P., Richard, S.M., Smith, C.H., and D.L. Kimbrough, Geological and geophysical investigations in the northern Ford Ranges, Marie Byrd Land, West Antarctica, in Yoshida, Y. et al. (eds.) Recent Progress in Antarctic Earth Science, Terra Pub., Tokyo, 279-288, 1992.
Nicholson, C., Sorlien, C.C., and B.P. Luyendyk, Deep crustal structure and tectonics in the offshore Santa Maria basin, California. Geology, v. 20, 239-242, 1992.
Nicholson, C., Sorlien, C.C., Atwater, T., Crowell, J.C., and Luyendyk, B.P., Microplate capture, rotation of the western Transverse Ranges, and initiation of the San Andreas transform as a low angle fault system. Geology, v. 22, 491-495, 1994.
Richard, S.M., Smith, C.H., Kimbrough, D.L., Fitzgerald, P.G., Luyendyk, B.P., and McWilliams, M.O., Cooling history of the northern Ford Ranges, Marie Byrd Land, West Antarctica. Tectonics, v. 13, 837-857, 1994.
Steritz, J., and B. P. Luyendyk, Hosgri fault zone, offshore Santa Maria basin, California. In Alterman, I. B., McMullen, R.B., Cluff, L.S., and D.B. Slemmons eds., Seismotectonics of the central California Coast Ranges. Geol. Soc. Amer. Spec. Paper. 292, 191-210, 1994.
Luyendyk, B.P., Hypothesis for Cretaceous Rifting of East Gondwana caused by Subducted Slab Capture. Geology, v. 23, 373-376, 1995.
Luyendyk, B.P., Cisowski, S., Smith, C.H., Richard, S. and Kimbrough, D.L., Paleomagnetic study of the northern Ford Ranges, western Marie Byrd Land, West Antarctica: A middle Cretaceous pole, and motion between West and East Antarctica. Tectonics, v. 15, 122-141, 1996.
Schermer, E., Luyendyk, B. P., and Cisowski, S., Late Cenozoic structure and tectonics of the northern Mojave Desert. Tectonics, v. 15, 905-932. 1996.
Luyendyk, B.P., 1997, Slab capture versus ridge collision as an explanation for Cretaceous extension and rifting of east Gondwana. in Ricci, C. A., ed., The Antarctic Region: Geological Evolution and Processes, Proceed. VII Symp. on Antarctic Earth Sci., Siena, 467-474.
Luyendyk, B. P., Gans, P., Kamerling, M. J., 1998, 40Ar/39Ar Geochronology of Southern California Neogene Volcanism, in. Weigand, P. W., ed., Contributions to the Geology of the Northern Channel Islands, Southern California: Amer. Assoc. Petroleum Geol., Pacific Section, Misc. Pub. 45, 9-35.
Luyendyk, B. P., 1998, Structure under the Santa Barbara Channel: The thick and thin of it, in, Kunitomi, D. S., Hopps, T. E., and Galloway, J. M., eds., Structure and Petroleum Geology, Santa Barbara Channel, California, Amer. Assoc. Petroleum Geol., Pacific Section, Misc. Pub. 46, 75-78.
Hornafius, J.S., Quigley, D. and Luyendyk, B.P., 1999, The Worlds Most Spectacular Marine Hydrocarbon Seeps (Coal Oil Point, Santa Barbara Channel, California): Quantification of Emissions, J. Geophys. Res. - Oceans, vol. 104, no. C9, 20,703-20,711.
Quigley, D.C., Hornafius, J.S., Luyendyk, B.P., Francis, R.D., Clark, J., and L. Washburn, 1999, Decrease in Natural Marine Hydrocarbon Seepage near Coal Oil Point, California Associated with Offshore Oil Production, Geology, vol. 27, no. 11, p. 1047-1050.
Sorlien, C.C., Nicholson, C.N., and Luyendyk, B.P., 1999, Miocene Extension and Post-Miocene Transpression Offshore of South-Central California. In Keller, M.A. ed., Evolution of Sedimentary Basins, Onshore Oil and Gas Investigations - Santa Maria Province: U.S. Geological Survey Bull., 11995-Y, 38p.
Clark, J., Washburn, L., Hornafius, J. S., and Luyendyk, B. P., Natural Marine Hydrocarbon Seep Source of Dissolved Methane to California Coastal Waters, J. Geophys. Res. - Oceans, v. 105,11,509-11,522, 2000.
Sorlien, C. C., Gratier, J. P., Luyendyk, B.P.,Hornafius, J. S., and Hopps, T. E, 2000, Map restoration of folded and faulted late Cenozoic strata across the Oak Ridge fault, onshore and offshore Ventura basin, California, Geological Society of America Bulletin, v. 112, p. 1080-1090.
Hamilton, Rhea, B. P. Luyendyk, C. C. Sorlien, and L. R. Bartek, Cenozoic Tectonics of the Cape Roberts Rift Basin, and Transantarctic Mountains Front, Southwestern Ross Sea, Antarctica, Tectonics, 20, 325-342, 2001.
Luyendyk, B.P., C. C. Sorlien, D. Wilson, L. Bartek, and C.H. Siddoway, Structural and tectonic evolution of the Ross Sea rift in the Cape Colbeck region, Eastern Ross Sea, Antarctica, Tectonics, 20, 933-958, 2001.
Larson, R. L., Pockalny, R. A., Viso, R. F., Erba, E., Abrams, L. J., Luyendyk, B. P., Stock, J. M., and R. W. Clayton, Mid-Cretaceous tectonic evolution of the Tongareva triple junction in the southwestern Pacific basin, Geology, 30, 67-70, 2002.
Clark, J.F., I. Leifer, L. Washburn, and B.P. Luyendyk, Compositional changes in natural gas bubble plumes: Observations from the Coal Oil Point marine hydrocarbon seep field, Geo-Marine Letters, 23, 187-193 DOI 10.1007/s00367-003-0137-y, 2003.
Leifer, I., J.F. Clark, B.P. Luyendyk, and D.L. Valentine, Identifying future directions for subsurface hydrocarbon migration research, EOS (American Geophysical Union Transactions), 84 (37), 364-371, 2003.
Luyendyk, B.P., D.S. Wilson, and C.S. Siddoway, Eastern margin of the Ross Sea Rift in western Marie Byrd Land, Antarctica: Crustal structure and tectonic development, Geochemistry, Geophysics, Geosystems, 4 (10), 1090, doi:10.1029/2002GC000462, 2003.
Donnellan, A., and B.P. Luyendyk, GPS Evidence for a Coherent Antarctic plate and for Postglacial Rebound in Marie Byrd Land, Global and Planetary Change, 42, 305- 311, 2004.
Leifer, I., J.R. Boles, B.P. Luyendyk, and J.F. Clark, Transient discharges from marine hydrocarbon seeps: spatial and temporal variability, Environmental Geology, 46, 1038–1052 DOI 10.1007/s00254-004-1091-3, 2004.
Luyendyk, B.P., J.P. Kennett, and J. Clark, Hypothesis for Increased Atmospheric Methane Input from Hydrocarbon Seeps on Exposed Continental Shelves during Glacial Low Sea Level, Marine and Petroleum Geology, 22 (4), 591-596, 2005.
Leifer, I., B. P. Luyendyk, J. Boles, and J. F. Clark (2006), Natural marine seepage blowout: Contribution to atmospheric methane, Global Biogeochem. Cycles, 20, GB3008,doi:10.1029/2005GB002668.
Wilson, D. S., and B. P. Luyendyk, Bedrock platforms within the Ross Embayment, West Antarctica: Hypotheses for ice sheet history, wave erosion, Cenozoic extension, and thermal subsidence, Geochemistry, Geophysics, Geosystems, 7, Q12011, doi:12010.11029/12006GC001294. 2006.
Sorlien, C. C., B. P. Luyendyk, D. S. Wilson, R. C. Decesari, L. R. Bartek, and J. B. Diebold, Oligocene development of the West Antarctic Ice Sheet recorded in eastern Ross Sea strata, Geology, v. 35; no. 5; p. 467–470; doi: 10.1130/G23387A.1. 2007.
Del Sontro, T., Leifer, I., Luyendyk, B.P., Broitman, B.R., Beach tar accumulation, transport mechanisms, and sources of variability at Coal Oil Point, California. Marine Pollution Bulletin 54, pp. 1461-1471. doi:10.1016/j.marpolbul.2007.04.022. 2007.
Huirong-Anita Ai, Joann M. Stock, Robert Clayton, and Bruce Luyendyk, (2008), Vertical tectonics of the High Plateau region, Manihiki Plateau, Western Pacific, from seismic stratigraphy, Mar. Geophys. Res., v 29, 13-26. DOI 10.1007/s11001-008-9042-0. 2008.
Hopson, C. A., J. M. Mattinson, E. A. Pessagno, and B. Luyendyk (2008), California Coast Range ophiolite: Composite Middle and Late Jurassic oceanic lithosphere, in Ophiolites, Arcs, and Batholiths: A Tribute to Cliff Hopson, edited by J. E. Wright and J. W. Shervais, Special Paper 438, pp. 1-101; DOI: 110.1130/20008.22438(20001), Geological Society of America.
Wilson, D. S., and B. P. Luyendyk (2009), West Antarctic paleotopography estimated at the Eocene-Oligocene climate transition, Geophysical Research Letters, 36 (L16302), doi:10.1029/2009GL039297.
Ira Leifer, Marc J. Kamerling, Bruce P. Luyendyk, Douglas S. Wilson (2010), Geologic Control of Natural Marine Seep Hydrocarbon Emissions, Coal Oil Point Seep Field, California, Geo-Marine Letters, v. 30, p 331–338 DOI 10.1007/s00367-010-0188-9.

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33% of all reportable major injuries are due to slips and trips.
20% of "over 3 day" injuries to employees are due to slips and trips.
50% of all reported accidents to members of the public are due to slips and trips.
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Sui Generis Safe Tread products comprehensively fulfil the requirements specified in the UK Building Regulations Act and the final stage of the Disability Discrimination Act.
Designed to cover your existing stairs, Safe Tread non-slip GRP Stair Treads are a quick and cost effective solution to improving safety. Manufactured with a contrasting yellow nosing for high visibility.
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Tactiles are paving plates with raised surface profiles designed to be detectable by visually impaired pedestrians. Made from hard wearing, durable GRP with a gritted surface giving excellent slip resistancy.
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Anti-slip flooring consists of special anti-slip sheets that can be applied to existing flooring to improve its slip resistance. It's an essential safety feature for industrial areas, walkways and stairs to help prevent injuries to staff and slip-related accidents.
Safe Tread is the premier slip-resistant flooring from Sui Generis. It incorporates a quartz gritted surface – which means it remains slip resistant if liquids, ice or even oil is present.
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text:
Equipment technical state monitoring systems contain hundreds of vibration and temperature sensors for real-time condition monitoring of machinery.
Monitoring systems reliability should significantly exceed the units stock reliability, being protected from accidents and incidents.
The paper considers the approach to monitoring systems reliability growth, primarily by means of providing control (monitoring) of measuring-converter path technical condition.
Sensors are the weakest point, due not only to wear, but also to damage, caused by repair personnel when servicing equipment.
The self-diagnostics method for channels with piezoelectric transducers and the choice of optimal self-diagnostics circuits parameters have been suggested.
The results of practical implementation have been provided as well.
V. Donskov, A. Ivanov, V. Zagorodniy, V. Kostyukov, Vibration Transducers for Industrial Application, Foreign Radioelectronics. 9 (1996) 65-67.
V. Kostyukov, S. Morozov, Certificate of authorship 1740994, Device for Machines Diagnostics, International classification of inventions, GO1M15/00, USSR (1992).
V. Kostyukov, S. Bojchenko, A. Kostyukov, Automated Control Systems for Safe Resource-Saving Operation of Equipment at Refineries and Petrochemical Plants, Moscow, Mashinostroenie, 1999.
V. Kostyukov, Monitoring of Industrial Safety, Moscow, Mashinostroenie, 2002.
V. Kostyukov, Certificate for useful model 1537, The System for Machines Diagnostics on Their Body Vibration, International classification of inventions, G01M15/00, Russian Federation (1996).
Computer Aided Maintenance, Rules for Selection and Use of Systems, Maintenance Management, 4 (1997) 15-19.
Computer Aided Maintenance, Champion the maintenance cause internally, Lack of formal strategy and performance, Look after your assets, Maintenance Management, 5 (1997) 23-27.

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In an eagerly anticipated decision the California Supreme Court seemingly slammed the brakes on what many had considered to be the inexorable expansion of the formidable weapon of the doctrine of cyber-trespass.
In Intel v. Hamidi, the California High Court overturned two lower court rulings awarding Intel injunctive relief and found, instead, that Hamidi, an ex-Intel employee, could not have engaged in the "trespass to chattels" underpinning Intel’s claim of cyber-trespass because he caused no damage to Intel email servers when he sent email messages critical of Intel policy to Intel employees.
As a reminder, the elements of a trespass to chattels cause of action are essentially two: an intentional and unauthorized physical contact or interference with the tangible property of another; and proximately resulting damage from the contact or interference, including, among other things, deprivation of use or diminution of value of the chattels suffered by their rightful owner. By some estimates, these criteria date back hundreds of years and has survived with little modification since then.
It was precisely this second aspect, the requirement of proximately caused physical damage, that, until now, had been increasingly emasculated in a number of decisions, where courts concluded that mere interference with possessory interests could satisfy the physical damage requirement of Trespass to Chattels.
But the Hamidi High Court squarely rejected this approach, noting that mere interference with employee productivity, time and attention, was not enough.
Ken Hamidi is a former Intel employee who, together with others, formed a group called Former and Current Employees of Intel (FACE-Intel), with the express purpose of disseminating information about Intel’s employment practices.
Over a 21-month period, Hamidi, on behalf of FACE-Intel, sent emails to all of Intel employees on six different occasions, criticizing Intel policies and suggesting employees find work elsewhere and asking them to visit their web site and join FACE-Intel. The emails also said any recipient could ask to be removed from any future mailings and requests to be removed were honored.
Intel tried various tech methods to block the emails, but they were unable to block all of them.
Intel testified that many employees asked the company to block the emails and that time was wasted trying to block the email. In addition, the emails allegedly caused a certain disturbance among the staff and upset feelings over the content of the messages.
A lower court ruling had found that this was "disrupting its business by using its property" and that this was enough to constitute trespass to chattels.
In rejecting this conclusion, the Supreme Court harkened back to the definition of trespass to chattels under its state law.
"Therefore, one who intentionally intermeddles with another’s chattel is subject to liability only if his intermeddling is harmful to the possessor’s materially valuable interest in the physical condition, quality, or value of the chattel, or if the possessor is deprived of the use of the chattel for a substantial time, or some other legally protected interest of the possessor is affected…"
Admittedly, no physical harm was caused by Hamidi’s emails, nor was there any deprivation of use of, or damage to, Intel’s corporate email system.
While Intel had argued that its intranet was breached, the court’s ruling implicitly held that once a corporate Intranet allows email communication with the outside world, a company cannot claim trespass to chattels based upon normal email communication from that outside world.
Nor was Intel helped by the fact that it was asking for injunctive relief rather than damages, the court holding that injunctive relief requests require a showing of the threat of irreparable injury, to wit, injuries for which money damages would not suffice.
Here, the Court ruled, Intel’s computers weren’t interfered with for any appreciable length of time; the computers didn’t slow down or show any other impairment; Intel was able to use its computers despite the emails sent by Hamidi, emails that Intel’s computers are generically designed to receive.
Further, since Hamidi removed the names of all those requesting to be removed from his mailing list and since the amount of emails sent by Hamidi was not burdensomely large, there had bee no showing that the sheer quantity of emails had caused the kind of actual harm to Intel’s computer system comparable to that as had occurred in Thrifty-Tel, Inc. v. Bezenek (46 Cal. App.4th 1559 (1996)), eBay, Inc. v. Bidder’s Edge, Inc. (100 F.Supp.2d 1058 (N.D. Cal., May 24, 2000), Register.com, Inc. v. Verio, Inc. (126 F.Supp.2d 238 (S.D.N.Y., December 12, 2000)) or the numerous ISP v. fill-in-the-spammer’s-name cases, where actual overburdening of the systems did occur.
"…Intel has demonstrated neither any appreciable effect on the operation of its computer system from Hamidi’s messages, nor any likelihood that Hamidi’s actions will be replicated by others if found not to constitute a trespass."
Hamidi’s mailings were numbered in the thousands, and compared with commercial spammers, the court pointed out, were miniscule in number. In America Online, Inc. v. IMS, (24 F.Supp.2d, 548 (E.D. Va. 1998)), the spammer had sent more than 60 million messages over 10 months. And in America Online, Inc. v. LCGM, Inc. (No. Civ.A.98-102-A, 1998 WL 940347, 24 F.Supp2d, 548) the mailing was 93 million message over 7 months.
Free speech advocates may be somewhat disappointed in the ruling since the Court’s finding that Intel’s property interests had not been sufficiently injured avoided the need to squarely rule on the question of whether constitutional rights to free speech would have trumped a qualifying trespass to chattels injury.
"…Hamidi himself had no tangible presence on Intel property, instead speaking from his own home through his computer. He no more invaded Intel property than does a protester holding a sign or shouting through a bullhorn outside corporate headquarters, posting a letter through the mail, or telephoning to complain…"
In plain English, the court said trespass to chattels claims have gone too far and they drew a line in the sand and said: this is as far as you can take trespass to chattels in California. There is no constitutional "right not to listen" founded in personal autonomy that would apply to this case, because none of the email was directed to Intel itself, the entity claiming the right.
While Intel has officially indicated that it is reviewing its options, those celebrating Hamidi’s victory should take note that the Court did leave the door open to establishing a right to relief on other grounds, such as business interference or even defamation, claims that may yet still be brought in this or similar cases.
Still, if you get an email you don’t enjoy reading in California, you’ll have to look beyond trespass to chattels to sue on account of your displeasure. Or just delete it and go on with your life.

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Chapter VI.—The Objection from the Polygamy of the Patriarchs Answered.
“But withal the blessed patriarchs,” you say, “made mingled alliances not only with more wives (than one), but with concubines likewise.” Shall that, then, make it lawful for us also to marry without limit? I grant that it will, if there still remain types—sacraments of something future—for your nuptials to figure; or if even now there is room for that command, “Grow and multiply;” 533533 Gen. i. 28. that is, if no other command has yet supervened: “The time is already wound up; it remains that both they who have wives act as if they had not:” for, of course, by enjoining continence, and restraining concubitance, the seminary of our race, (this latter command) has abolished that “Grow and multiply.” As I think, moreover, each pronouncement and arrangement is (the act) of one and the same God; who did then indeed, in the beginning, send forth a sowing of the race by an indulgent laxity granted to the reins of connubial alliances, until the world should be replenished, until the material of the new discipline should attain to forwardness: now, however, at the extreme boundaries of the times, has checked (the command) which He had sent out, and recalled the indulgence which He had granted; not without a reasonable ground 54for the extension (of that indulgence) in the beginning, and the limitation 534534 Repastinationis. Comp. de Cult. Fem., l. ii. c. ix., repastinantes. of it in the end. Laxity is always allowed to the beginning (of things). The reason why any one plants a wood and lets it grow, is that at his own time he may cut it. The wood was the old order, which is being pruned down by the new Gospel, in which withal “the axe has been laid at the roots.” 535535 Comp. Matt. iii. 10. So, too, “Eye for eye, and tooth for tooth,” 536536 Ex. xxi. 24; Lev. xxiv. 20; Deut. xix. 21; Matt. v. 38. has now grown old, ever since “Let none render evil for evil” 537537 See Rom. xii. 17; Matt. v. 39; 1 Thess. v. 16. grew young. I think, moreover, that even with a view to human institutions and decrees, things later prevail over things primitive.
534 Repastinationis. Comp. de Cult. Fem., l. ii. c. ix., repastinantes.
535 Comp. Matt. iii. 10.
536 Ex. xxi. 24; Lev. xxiv. 20; Deut. xix. 21; Matt. v. 38.
537 See Rom. xii. 17; Matt. v. 39; 1 Thess. v. 16.

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UNITED STATES OF AMERICA, Appellee, v. JAMAL SMALLS, AKA POO BLACK, AKA MACK, Defendant-Appellant.
FOR APPELLEE: DREW SKINNER, Margaret Garnett, Kan Min Nawaday, Joshua Naftalis, Assistant United States Attorneys, for Joon H. Kim, Acting United States Attorney for the Southern District of New York, New York, NY. FOR DEFENDANT-APPELLANT: RICHARD L. SULLIVAN, Ameer Benno, Benno & Associates P.C., New York, NY.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the nineteenth of April, two thousand eighteen. PRESENT: JOSÉ A. CABRANES, RAYMOND J. LOHIER, JR., Circuit Judges, RICHARD M. BERMAN, District Judge.
Judge Richard M. Berman, of the United States District Court for the Southern District of New York, sitting by designation.
DREW SKINNER, Margaret Garnett, Kan Min Nawaday, Joshua Naftalis, Assistant United States Attorneys, for Joon H. Kim, Acting United States Attorney for the Southern District of New York, New York, NY.
RICHARD L. SULLIVAN, Ameer Benno, Benno & Associates P.C., New York, NY.
Appeal from a judgment of the united States District court for the Southern District of New York (Naomi Reice Buchwald, Judge).
UPON DUE CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the August 25, 2016 judgment of the District Court be and hereby is AFFIRMED.
Defendant-Appellant Jamal Smalls ("Smalls") appeals from a judgment of conviction, following a nine-day trial. The jury convicted Smalls of three counts: (1) conspiring to distribute and possess with intent to distribute a variety of drugs; (2) using, carrying, and possessing firearms in connection with the drug trafficking crime charged in Count One, which were discharged, and aiding and abetting the same; and (3) the murder of Doneil White ("White") through the use of a firearm, in connection with the drug trafficking crime charged in Count One, and aiding and abetting the same. The District Court sentenced Smalls principally to 55 years' imprisonment, and Smalls is currently serving his sentence. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues on appeal.
Smalls raises several issues on appeal. He argues that District Court erred in: (1) denying his motion for a judgment of acquittal on Count Three; (2) denying his motion for a mistrial; (3) permitting the prosecution to present the testimony of Ashley Mintz, regarding statements that Smalls made following White's funeral; (4) denying suppression of his post-arrest statements; (5) admitting evidence of his relationship with a cooperating witness, Corey Harrison; and (6) admitting the expert ballistics testimony of a police detective; and that (7) the Government violated Rule 16 of the Federal Rules of Criminal Procedure.
We consider these issues seriatim. Smalls first argues that the trial evidence failed to establish that the shooting of White was committed during and in furtherance of any drug conspiracy, and thus that the District Court erred in denying his motion for a judgment of acquittal on Count Three. An insufficiency claim faces a "very heavy burden." United States v. Desena, 287 F.3d 170, 177 (2d Cir. 2002). We must uphold a jury verdict if "any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 319 (1979). We "view the evidence in the light most favorable to the government and draw all inferences in favor of the government." United States v. Henry, 325 F.3d 93, 103 (2d Cir. 2003) (citations omitted). Upon a review of the record, we conclude that there was not insufficient evidence to sustain the jury's verdict.
Smalls next contends that the District Court erred in denying his motion for a mistrial. Smith moved for mistrial on the basis that the Government elicited testimony from Smalls' arresting officer that during the booking process, Smalls stated that he had just come home after serving 15 years in prison. We review a district court's decision to deny a motion or mistrial for abuse of discretion. United States v. Carson, 52 F.3d 1173, 1188 (2d Cir. 1995). The power of mistrial should only be used "with the greatest caution, under urgent circumstances, and for very plain and obvious cases." United States v. Klein, 582 F.2d 186, 190 (2d Cir. 1978) (citation omitted). Upon a review of the record, the Government did not deliberately elicit the testimony in question from the arresting officer, and the District Court was not erroneous in finding that this one piece of evidence must be considered in proportion to all the other evidence at trial. In addition, Smalls declined a curative instruction. We thus conclude that the District Court's denial of Smalls' motion for a mistrial was not an abuse of discretion.
Smalls argues that the District Court erred in permitting the prosecution to present the testimony of Ashley Mintz, who testified that Smalls made out-of-court statements to her about his rule in White's murder—testimony that Smalls had moved to preclude under Federal Rule of Evidence 403. A district court has "broad discretion" over the admission of evidence. United States v. Nektalov, 461 F.3d 309, 318 (2d Cir. 2006). We review a district court's evidentiary rulings for abuse of discretion and will reverse "only when the court has acted arbitrarily or irrationally. Id. (citation and internal quotation marks omitted). This is particularly true in the case of a district court's balancing of probative value against the threat of unfair prejudice. United States v. Quinones, 511 F.3d 289, 310 (2d Cir. 2007) (noting that the district court is "in a superior position to evaluate the likely impact of the evidence."). Upon a review of the record, we conclude that the District Court's denial of Smalls' Rule 403 challenge was not an abuse of discretion.
Smalls further contends that the District Court improperly admitted post-arrest statements that he allegedly made to police officers. We review a district court's suppression ruling for clear error as to factual findings and de novo as to legal conclusions. United States v. Yousef, 327 F.3d 56, 124 (2d Cir. 2003). A defendant's volunteered, spontaneous statements are admissible notwithstanding the absence of Miranda warnings. United States v. Compton, 428 F.2d 18, 22 (2d Cir. 1970) (quoting Miranda v. Arizona, 384 U.S. 436, 478 (1966). Officers engage in "interrogation" under Miranda only when they engage in "express questioning or its functional equivalent." Rhode Island v. Innis, 446 U.S. 291, 301-302 (1980). Miranda protections also do not apply during pedigree interviews or normal booking procedures. Rosa v. McCray, 396 F.3d 210, 221 (2d Cir. 2005). Upon a review of the record, we conclude that the District Court properly denied Smalls' motion to suppress the statements in question—neither of which was the product of an "interrogation" under the terms of Miranda.
Smalls next argues that the District Court erred in admitting evidence of his drug-selling partnership with a cooperating witness, Corey Harrison. As we noted above, we review a district court's evidentiary rulings for abuse of discretion and will reverse "only when the court has acted arbitrarily or irrationally." United States v. Nektalov, 461 F.3d at 318 (citation and internal quotation marks omitted). District courts have "discretion to admit evidence of acts committed prior to the time charged in the indictment to prove the existence of the alleged conspiracy as well as to show its background and history." United States v. Langford, 990 F.2d 65, 70 (2d Cir. 1993). Upon a review of the record, we conclude that the District Court's admission of the evidence at issue was not an abuse of discretion.
Smalls contends that the District Court erred in admitting the expert ballistics testimony of a police detective. Upon a review of the record, we conclude that the District Court properly ascertained the police detective's expertise and reliability, and thus committed no error in allowing him to testify at trial as an expert without holding a separate Daubert hearing before trial. See United States v. Williams, 203 F.3d 151, 161 (2d Cir. 2007) (explaining that a separate Daubert hearing is not necessarily required where the district court's admission of ballistics testimony after the Government provided a thorough foundation was "an implicit determination that there was a sufficient basis for doing so.").
Finally, Smalls argues that the Government violated Rule 16 of the Federal Rules of Criminal Procedure because it failed to include a statement elicited at trial and at the suppression hearing in its pretrial motion. Because the Government disclosed the relevant statement during a suppression hearing prior to trial, we conclude that there was no Rule 16 violation in this case. See also United States v. Kusek, 844 F.2d 942 (2d Cir. 1988).
We have reviewed all of the arguments raised by Plaintiff on appeal and find them to be without merit. For the foregoing reasons, we AFFIRM the August 25, 2016 judgment of the District Court.

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Mr. Robert B. Frank, Washington, D.C. (appointed by this court), for appellant.
Mr. John W. Warner, Jr., Asst. U.S. Atty., with whom Messrs. Oliver Gasch, U.S. Atty., and Carl W. Belcher, Asst. U.S. Atty., were on the brief, for appellee. Mr. Lewis Carroll, Asst. U.S. Atty., also entered an appearance for appellee.
Before WILBUR K. MILLER, BAZELON and DANAHER, Circuit Judges.
Armed with a search warrant, officers found contraband drugs in Mitchell's house and in his immediate possession. His pre-trial motion to suppress, based upon a claim that the Commissioner issued the warrant without a proper showing of probable cause, was denied. The motion was renewed at the trial and again denied. Having been found guilty by the jury, Mitchell appeals.
He assigns as error the trial court's denial of the motion to suppress and its refusal to grant his motion for judgment of acquittal made at the conclusion of the Government's proof. We think the District Judge acted correctly in denying the motions.
The search warrant was issued February 12, 1957, but was not executed until February 17, 1957. This delay was not made the basis of an objection, and appellant made no point of it on appeal. Nevertheless, although he notes that Mitchell 'did not object to the warrant on the ground of unseasonable execution' and concludes that 'That objection is therefore not available to him on appeal,' our brother Bazelon discusses the matter and expresses the view that a search warrant is not executed 'forthwith' when five days intervene between its issue and execution.
While it is true that Rule 41(c) of the Federal Rules of Criminal Procedure1 provides that a search warrant 'shall command the officer to search forthwith the person or place named for the property specified,' subsection (d) of the same Rule begins: 'The warrant may be executed and returned only within 10 days after its date.' Thus the federal rule defines the word 'forthwith' by limiting the time of the search to ten days after the issuance of the warrant. Sgro v. United States, 1932, 287 U.S. 206, 53 S.Ct. 138, 77 L.Ed. 260; Murby v. United States, 1 Cir., 1924, 2 F.2d 56.
The officers did not execute the warrant 'forthwith.' They waited five days until 2:00 A.M. of February 17, 1957, at which time they broke into the home and found appellant in bed with his wife. They searched the home and seized the evidence which formed the basis of appellant's conviction. The return of the warrant was made on February 18, 1957, within the ten days specified in the warrant.
On the motion to suppress the evidence, appellant attacked the sufficiency of the affidavit upon which the search warrant had been issued, but did not object to the warrant on the ground of unseasonable execution. That objection is therefore not available to him on appeal.1 Nevertheless, because of the importance, in the administration of criminal justice, of the question of seasonable execution of search warrants, I deem it necessary to set forth my views upon that question.
A search warrant is based upon a judicial determination of the present existence of justifying grounds-- i.e., at the time of issuance of the warrant.2 'The purpose is to seize the thing alleged to be at that time in the place to be searched, to prevent its removal or further concealment.' State v. Guthrie, 1897, 90 Me. 448, 38 A. 368, 369. 'Warrants are directed to existing violations of the law and not to violations which may come into existence in the future.' Simmons v. State, Okl.Cr.1955, 286 P.2d 296, 298. So, in the instant case, the warrant was based on the Commissioner's determination on February 12, 1957, that grounds for issuing it were then in existence.
The in praesenti basis of the warrant requires as a matter of logical necessity that it be served without delay, for, if there is delay in execution, the property to be seized may disappear. There is danger, especially in cases like the present one where the establishment to be searched is claimed to be a scene of recurring law violations, that the officer, acting on a five-day-old warrant, may seize property which came into existence after the warrant was issued. 'In any case of delay it would be difficult, if not impossible, to prove the identity of the (things) found with those complained against. The prosecution would fail, resulting only in expense to the state, and expense and annoyance to the citizen.' State v. Guthrie, supra, 38 A. at page 369.
The officer to whom the warrant is issued 'has no discretion, but must proceed with diligence at the earliest reasonable opportunity, to make the search as commanded * * *.' McDaniel v. State, 1926, 197 Ind. 179, 150 N.E. 50, 53. So, when the warrant commands a search to be made forthwith, 'an unexplained delay of three days in serving such a warrant seems clearly needless, unreasonable, and hence unlawful, and destructive of the power of the warrant.' State v. Guthrie, supra, 38 A. at page 369.4 Whatever circumstantial elasticity must be allowed to the term 'forthwith,'5 the unexplained delay of five days in the case before us is inconsistent with the command of the warrant.
The mere fact of delay does not necessarily vitiate a search warrant. A number of circumstances, such as distance and weather conditions, may cause a court to consider a warrant to have been executed forthwith, despite some delay,6 State v. Guthrie, supra; People v. Wiedeman, supra; but delay occasioned merely by the officer's assumption of authority to select the time of execution does vitiate the warrant. Even the magistrate has no right, once he has determined that the conditions for the issuance of a warrant are in existence, to keep the suspect under surveillance and postpone execution of the warrant until such time as it may do the suspect the greatest harm. State v. Perkins, 1926, 220 Mo.App. 349, 285 S.W. 1021. Delay in either issuance or service, 'when deliberate and made by the officers for the purpose of selecting their own time and for their own purpose, whether that purpose be to aid the state or the accused, (takes) away from them the power to issue and serve a search warrant.' Id., 285 S.W. at page 1024; see also State v. Miller, 1932, 329 Mo. 855, 46 S.W.2d 541.
'It is urged that the conclusion reached in this case (that a 'forthwith' warrant is rendered invalid by an unexplained three-day delay of execution) will materially impair the efficiency of one of the most useful instrumentalities for the enforcement of the liquor statutes. Even if such were the effect, we could not shrink from declaring the law as we believe it to be. But no such effect need be apprehended. No case can be stated in which a needless delay of service will aid the prosecution. Any such case, when stated, will ipso facto show the delay to have been needful, and hence reasonable, and hence remove the case from the purview of this opinion. On the other hand, the more promptly the warrant is served, the more likely the officer is to find the liquors complained of, and the more easy to prove the identity. Every hour's delay, whether from the officer's inefficiency or from his collusion with respondents, endangers the success of the prosecution.
'It is suggested that the prosecution often needs to obtain search warrants in advance, in order to have them in readiness to seize the liquors at the moment of deposit before they can be concealed; that such a procedure is very efficacious, and even essential, to circumvent the cunning of liquor sellers; and that the rule here evolved will nullify it. If such a practice obtains, it should be nullified.
Since the warrant in this case commanded the search to be made forthwith, only the return being permitted to be deferred for as much as ten days, the unexplained five-day delay of execution vitiated the warrant and made the search illegal. People v. Fetsko, 1928, 332 Ill. 110, 163 N.E. 359; People v. Wiedeman, 1926, 324 Ill. 66, 154 N.E. 432; McDaniel v. State, 1926, 197 Ind. 179, 150 N.E. 50; State v. Guthrie, 1897, 90 Me. 448, 38 A. 368; State v. Miller, 1932, 329 Mo. 855, 46 S.W.2d 541; Simmons v. State, Okl.Cr.1955, 286 P.2d 296; State v. Pachesa, 1926, 102 W.Va. 607, 135 S.E. 908.
'* * * when the officer has the task of recovering stolen goods or taking contraband liquor from a trained and disciplined criminal, the enemy of society, it may take weeks of patient observation to ascertain the moment when a search would be of any avail. In such a case the enforcement of the law might be rendered impossible by a judicial holding that a reasonable time for the execution and return of a warrant is the same as in the case of an ordinary criminal.' Emphasis supplied.
Benton v. United States, 4 Cir., 1934, 70 F.2d 24, certiorari denied 1934, 292 U.S. 642, 54 S.Ct. 778, 78 L.Ed. 1494; and United States v. Klapholz, D.C.S.D.N.Y.1955, 17 F.R.D. 18, which seem to say that service at any time within the ten-day period is seasonable, involved delays of only one day and two days, respectively, and the opinions are silent as to whether the delays were excusable. Moreover, in neither of those cases did the court appear to consider any part of the statute of the Rule other than the ten-day provision.

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Hope to see everyone at the UMass Spring Game today at 4:00 pm. The weather looks cool but sunny by afternoon.
Temple, our erstwhile "rival" in the MAC East had a good day in the NFL draft as the Owls had picks in the first and second round. Boston College had one and UConn none.
Temple's two picks are here and here.
The Colts picked Villanova's Ben Ijalana as the first FCS pick.
UConn's Paul Pasqualoni gives a report on the state of UConn football.
Tomorrow is the Spring Game!
The Spring Game starts at 4:00 pm. There are other events related to UMass football and the game. The UMass website has details.
With all the Sturm und Drang from the move to FBS, even the athletic dept stopped giving updates on spring practice. I don't know about you, but I'm anxious to see how the team looks tomorrow.
Matty V. has an article with quotes from Brandon Hill, who has been hobbled with an injured foot. Football has a design defect----the QB handles the ball on every play. Therefore, poor QB play has a disproportionate effect on offense. Unlike 2009, when we had QB problems all year, UMass now has five QB's on the roster. It would be nice if more than one of them looked sharp tomorrow. Hill, Bowling Green transfer Kellen Pagel and 2010 JUCO transfer Ian Shultis should be the top three.
Probably the position UMass was hit the hardest in graduation was WR. Julian Talley should be the "X" receiver in 2011. It will be interesting to see where JUCO Chase Danska will line up. Will he be the "Y" or in the slot?
Hofstra transfer Anthony Dima was listed as the backup for All-New England LG Greg Niland last year. Who will be in Niland's spot?
UMass has had many FBS transfers. Some did nothing, some were average and some, after achieving little in their FBS careers, became some of the top players in nation with the Minutemen. Jimmy Moore (1998) and Brad Listorti (2006) come to mind.
Pitt transfer Chris Burns does not have much return on his football career so far (31-78 1 TD). It will be interesting to see if he looks like he will make an impact with UMass.
On defense, we have a whole new scheme. Usually, the 3-4 requires a 6-2 305 pd squatty guy at NT. In 2003 we had Indiana transfer Colin Christopher make All-A10. Do we have a guy like him on the DL?
The 3-4 requires four LB's. We lost MLB Mike Mele to graduation. Courtney Jackson and Shane Viveiros have been moved to LB.
With Viveiros out of the defensive backfield, we need to see who starts there. Mississippi transfer Ryan Campbell should help.
Hope to see a lot of UMass fans tomorrow.
The Amherst Bulletin and the Hampshire Gazette offer editorials supporting move to FBS. Both are thoughful pieces and are worth reading.
Derek Gentile of the Berkshire Eagle weighs in on UMass' move.
Scout.com reports UMass has offered to Jordan Washington, a 6-2 275 pd DE from Suwanee, GA.
This article (scroll down) talks about him.
Washington holds offers from MAC schools Buffalo and Central Michigan. He also has offers from Mississippi State, South Alabama and Southern Mississippi.
Unlike some newspapers we could name, the Maine Kennebec Journal has a classy post about UMass' move and says Maine should stay in the CAA.
The Boston Herald has some quotes about UMass' Tony Nelson, John Griffin, Greg Niland and Kyle Havens in the NFL draft.
One of the OOC FBS teams mentioned for future UMass schedules is Brigham Young. BYU has already been selected (assuming they will be eligible) for the Bell Helicopter Armed Services Bowl.
Mormons Vs Minutemen! I like the sound of that. Blog trivia: I might be related (probably distantly) to Mormon prophet Joseph Smith. My ancestors lived in Vermont for about four generations, covering the time he was active there.
Speaking of bowls, the Fiesta Bowl is still the talk of BCS meetings.
Ron Chimelis says you can question the plan, but not the motives.
WWLP looks at the "home" field advantage.
More pissy commentary from the Globe.
A UMass fan tries to reason with the Sun Chronical's Mark Farinella. Some UMass fans with strong stomachs should reply to the Globe. Don't expect much response, however.
Meanwhile, UConn says they are not worried.
Craig Haley looks at FCS NFL draft prospects. He notes that FCS NFL draft numbers have been steadily shrinking over recent years. Last year there were 19 FCS players chosen. It looks like this year there will be even less.
For a long time FCS schools, especially the HB colleges provided a steady stream of NFL talent. Probably the growing dominance of the BCS schools accounts for the talent decline in the rest of college football.
More recruiting news tomorrow as UMass offers to a big LB.
Rivals.com reports that UMass has offered to John Atkins, a 6-4 310 pd DT from Thompson, GA.
Atkins has offers from Georgia, Georgia Tech and Tennessee.
UMass has a day of activities for Saturday's Spring Game. They'll be a open house at the new UMass football offices from 1-3 pm. The Spring game will be from 4:00-5:30 followed by a autograph session. The day will have several 100-Yard Club only events including a barbecue.
Join the 100-yard club here.
Matty V. says it's not ideal, but it had to be Foxboro. Matty points out that people gripping about the ride to Foxboro have been living in their own little world.
"Anyone from a real college football hotbed is laughing at this. Its nothing for fans in Oklahoma, Nebraska, Texas and all over SEC country to drive several hours with those little flags on their windows for every home football game.
It's part of the experience. A two-hour drive to Foxboro is nothing by comparison."
Mrs Blog and I have been driving down from New Hampshire for a number of years. The Boston area alumni have been driving to Amherst for forty years. Many Boston area fans even have season tickets to basketball and hockey. Welcome to how the rest of the world lives.
You knew the Boston Globe had to have a negative article about the move somewhere and Derrick Z. Jackson supplies one. He gets his facts wrong, but what the heck.
The Boston Globe, as many long time UMass fans know, rarely strikes a positive note when it comes to UMass Athletics. The Globe has an editorial that, for them, strikes the usual ambivalent note: "Krafting a better UMass football team".
Attleboro Sun "Good News for UMass and Foxboro".
Sun-chronicle columnist Mark Farinella predicts failure and worries about traffic and hordes of drunken UMass students.
CBS3 has coverage of the move.
Ron Chimelis has more on the possible renovations to McGuirk and also mentions parking will be free at Gillette.
A blog by "College Football Zealots" weighs in on the Minutemen's move.
BTW, no January 1st bowl games this year.
The UMass women's lacrosse team, who will receive additional scholarships from the UMass football move, completed their first ever undefeated conference slate.
More CAA spring game recaps from the CAA Blogger.
Some recruiting news tomorrow. It will be interesting to see when UMass gets it's first FBS recruit.
The UMass Spring Game is seven days away and it's snowing briskly here in Jaffrey this morning.
UMass football has new offices! Check out the story UMass website and the Youtube video. It reveals details of the renovations to McGuirk and the proposed new UMass field house.
The new offices a big jump up from the current offices known by the players and coaches as "the bunker".
Great start to UMass' move to FBS!
Matty V. has more on the new offices. He says possible OOC FBS opponents include Florida, Virginia Tech, Texas A&M and BYU.
MassLIve.com says UMass football must not move away.
Central Michigan's AD Dave Heeke comments on the addition of UMass to the MAC (page 2).
Thorr Bjorn talks about Rhode Island's move to the NEC.
Moving down is not without its risks too. See this quote from the above article:"A similar move does not make sense at URI, where some people question whether it makes sense to play football at all."
The Northeast Conference was 14th and last in FCS attendance in 2010 averaging just 2,343 fans/game. NCAA conference stats here. With those kind of numbers, you have to wonder if this is just a stage in a slow demise of Ram football.
Matty V. looks at the upgrade's impact on the 2011 season.
The Boston College Bog "BC Interupted" is against an annual series with UMass. My opinion has alway been there is plenty of media attention available for everybody. A good New England three-way rivalry between UConn, BC and UMass would good for all three programs. Granted, right now, it would benefit the Minutemen the most, but increased attendance at Boston College and UConn would benefit them too.
My feeling is that for the average football fan, it's like pretty girls at a beach: more is better.
BTW, SB Nation comments on the BC Interrupted blog post.
"From a student fan-base perspective, one of the best parts of college football rivalries is having a victory of your buddies school. A healthy dose of Boston College, UConn and UMass football will create a much bigger buzz in the respective local markets."
UMass' move is going to make ripples in the CAA. Two stories on the effect on UNH Football here and here.
Old Dominion will not be interested in playing UMass during the transitional year.
The UMass Daily Collegian has more on the move to FBS' impact on UMass' women's sports.
UMass' arrival in the MAC will probably hasten the league's divisional realignment.
Ball State's AD says UMass is a good pickup for the MAC.
I'd do a minimual upgrade on McGuirk. The type and size of the stadium we might need in 2016 could be different than what we think we might need at this stage of the upgrade.
UMass has the press release about the move to the MAC up including video of the entire press conference.
The Boston Globe says Mr. Kraft rose to the occasion.
The Boston Herald has UMass goes deep and move to Gillette boosts big time hopes.
The national media has coverage including USA Today and ESPN.
The Cleveland Plain Dealer says the marriage of UMass and the MAC is a winner----for now.
Matty V. says UMass officials related that the move reflected a sober look at UMass finances.
Matty reports on the potential impact on UMass women's sports.
Chancellor Holub said the upgrade could not have happened if it were not for Gillette.
The news caused a little grinding of the teeth in UConn land (read last paragraph).
I'll have a lot more to say about the move and the future of UMass football in later blog posts. It's been a busy week here at the blog and I have not had time to write much in the way of commentary. Hope to have some thoughts ready to go by tomorrow.
Lots of articles on UMass' move to FBS. Most of them are short on details, so don't be surprised if accounts differ. We'll know more later today.
The Boston Globe says UMass lobbied hard to get into the Big East.
The Boston Herald says UMass plans to upgrade McGuirk.
MassLive.com says UMass will begin the transition by playing a mix of FBS and FCS teams in 2012.
Matty V. probably has the most details on the move. UMass would play a full MAC slate in 2012. He says UMass would not cut any men's sports or add any women's teams because of the move. The increase in women's scholarships would probably be absorbed by restoring rides in women's tennis, track, rowing and lacrosse.
Matty has some more details on the MAC and notes UMass is a good demographic match for the current teams.
He also talk about the challenges inherent in the move.
Meanwhile, in Michigan, they're saying adding UMass makes sense.
The official MAC media alert. Note in the comments some MAC fans are already interested in visiting Gillette.
Again, I would like to advise not to get too worked up over details. This is just the start of UMass' journey. We need to make this work for any later long term goals to happen.
Looks like we'll have a lot to talk about over the next couple of years. Enjoy the ride!
Multiple media sources say UMass will announce the move to the MAC and FBS level tomorrow at a press conference at Gillette.
UMass website announcement. Watch the press conference tomorrow on live streaming video.
Stub article from Matty V.
There are numerous other articles, but they are all basically saying the same thing. We'll have more details on the move later including details about games at Gillette.
I feel this is just the start of UMass' move to a national athletic program. The Blog hopes to see a journey that will include financial stability for the whole UMass Athletic Dept, increased resources for UMass women's sports, football in a FBS conference w/a bowl game-------and some killer OOC football games against Big East and BCS opponents!
Special thanks to former UMass star Brad Anderson for giving me a heads-up about Alex Miller being added to the staff at UNH. Miller joins the Wildcats' coaches after a stint with Oregon.
The CAA blogger has recaps from the Delaware and William & Mary spring games.
This article says the Villanova-Big East denouement may not come until summer.
The NCAA as a new rule on taunting that has the potential to take points off the board.
Boston College is this year's FBS game and the Boston Herald has a report from the Eagles' spring game.
Frank Sousa of MassLive.com recalls John "Doc' Enos. John Enos won a letter in UMass football in 1957.
Ron Chimelis has a story featuring UMass QB Kellen Pagel, who transferred to the Minutemen from Bowling Green.
USC's Ed Oregeron on the benefits of morning practices.
Josh Buchanan has the NFL buzz on a number of FCS players.
The UMass website has a story about Guido Falbo being named offensive coordinator for RPI.
The Engineers' website has the same announcement.
Matty V. has an article quoting Mark Whipple that "UMass going FBS is the right move". Note that Miami plays its home games at Sun Life stadium now that the Orange Bowl is torn down.
TSN's Craig Haley has two FCS NFL draft articles on offensive players and defensive players.
It's been a tough Spring around FCS.
Furman dismisses three players and suspends two more.
And legal trouble for several Richmond players.
UMass is interested in recruiting Anthony Arcari, a 5-11 185 pd RB, from Tewksbury, MA as both a track athlete and as a walkon for football.
A story featuring Arcari here.
Arcari will play in the June Shrine All-Star game.
He was the MVC sprint champion.
The UMass website has video and a report on the 6th UMass practice. MVP's of the session were Shane Viveiros, Jullian Talley, Emil Igwenagu, Stephane Milhim and Theo Agnew.
TSN's Craig Haley has the latest edition of his "In the FCS Huddle" column posted.
The William & Mary Tribe thinks they will be pretty good this year.
The Charlotte 49ers are ready to start recruiting their first football team.
Nick O'Malley from the Collegian states his opinion.
UCF is still waiting for the dominoes to fall at the Big East.
A long time FCS blogger "Lehigh Fotball Nation" calls the Big East's moves on Villanova "a cruel joke".
Meanwhile, the BCS system may trigger an anti-trust investigation from the DOJ.
Remember UMass' bone marrow registration drive? A Rhode Island player donates bone marrow to save a life.
OK, up here in Wells, ME I do have a pretty good wireless connection. No e-mail, however.
The UMass website has a story with video on the 5th practice MVP's. The defensive MVP's were defensive backs Antoine Tharpe and Christian Birt. Tight end Rob Blanchflower and WR Tom Gilson were the offensive honorees.
The CAA has released its official composite schedule. CAA teams play ten FBS teams and should have a shot at a couple of upsets.
Rivals has the 2011 biggest FCS-FBS mismatches.
More comment on the Big East-Villanova situation: one blogger says the "Philly media are already smearing Pitt and Rutgers." The Boston Globe says the Big East has growing pains.
Blog News: Mrs Blog and I will be spending the rest of the week up in Maine. As usual, I will try to keep the blog going if I can. Should the blog fall silent, then I'm probably having trouble with the local wireless connection or my ancient laptop. I'll be back Sunday evening.
MassLive continues with their coverage of UMass' potential move to FBS with comments from the students.
UNH reveals future scheduling including a home-and-home with Rhode Island after the Rams leave the CAA.
A Daily Press blogger has some thoughts about CAA teams difficult league schedule.
A Giants blog named "Giants Gab" has a story on Victor Cruz.
More speculation on the Big East's sudden cold feet about Villanova.
An article on PPL Park, the proposed home for Villanova football.
My feeling is that this is a lot like the Arab League supporting the "No Fly Zone" in Libya, confident that China or Russia would veto the motion, and then being flabbergasted when that didn't happen. Apparently, some Big East administrations were surprised when it looked like Villanova was poised to make the move. Those schools then were faced with the prospect of a small Catholic school with a very limited fan base and no stadium joining their BCS league----and didn't like the prospect.
Bulletin, bulletin, bulletin: Villanova has delayed it's decision to join the Big East. This probably does not make the UMass brain trust very happy as there have been several scenarios floated about UMass' conference affiliation depending on Villanova's Big East jump. I would think this will further delay UMass' announcement.
As I have said before, I don't think the Wildcats have the facilities, resources or fan base for a BCS conference.
The UMass website has a story about James Ihedigbo being named NHF humanitarian of the year.
The Herald News has a story about Greg Niland's quest for the NFL.
Sports Illustrated takes an in-depth look at Delaware's Pat Devlin.
The CAA blogger is running spring game recaps. First up is Richmond.
New Hampshire has a new defensive coordinator.
Green and White Report has a story on Vladimir Ducasse's off-season efforts to improve.
TSN's Craig Haley looks at FCS NFL draft risers and fallers.
The Richmond Spiders will hold their Spring Game today.
More information about Tuesday's decision by Villanova on moving to the Big East.
Matty V. has a feature on new UMass DC Frank Forucci. Some interesting stuff in the story. UMass will be switching to a "multiple" defense with a base 3-4.
Wikipedia on the 3-4 defense.
More than half of the NFL plays the 3-4.
And its spreading in college football.
I felt last year was an anomaly in UMass defense. With two rookie corners, I thought we played more of a "plain vanilla" defense to protect them. We should have greater depth in the secondary this year and that will allow us to do play more pressure defense.
Knowledgeable college football fans know defensive linemen are the toughest position to recruit. The 3-4 helps with that problem.
The UMass website has an article on former UMass player Tracey Belton who will be playing for the Georgia Force in the AFL tonight.
Georgia Force home page here.
VUHoops.com brings you more rumours about Villanova's proposed move to FBS.
Tuesday April 12th is the decision day. The Wildcats move or no move could have a big impact on UMass' decision to upgrade.
As long time readers of the blog know, I'm an amateur astronomer. Asteroid 4547 Massachusetts is at its closest approach to earth (1.794 AU) today.
There is, as yet, no asteroid designated "UMass" Geez, do I have to do everything myself?
Back on March 2nd I blogged about UMass offering to A. J. Doyle, a 6-2 226 pd QB from Boston.
Roger Brown of ESPN has an update on his recruiting. Doyle has added an offer from Western Michigan and is receiving interest from Boston College.
First spotted this story over on the Eagles blog " BC Interruption". Red Sox in talks for more hockey at Fenway". The article also mentions, and this is why I'm reporting it here, the Red Sox are also interested in a college football game. I think the turnout for the Colonial Classic is still reverberating in New England.
This website says besides six pro teams, Boston College, Dartmouth and Boston University have played at Fenway.
Josh Buchanan's latest FCS NFL draft list.
This story by the Phily.com about Villanova's Ben Ijana has several mentions of UMass' Vladimir Ducasse.
I did a blog post on Williams back in 2008 that has a scan of Williams. He was a four year letter winner for UMass in 1988-91.
UMass has added video interviews from third practice session.
TSN's Craig Haley says Georgia Southern is loaded for 2011.
Villanova's football booster club supports the move to the Big East.
The Spring 2011 roster is up.
Thanks to all the sharp eyed roster checkers who found some changes I missed.
Tyler Holmes and Thad McCummings were named MVP's of UMass' third practice.
McCummings is 5-10 210. Will he be UMass' starting fullback this year?
The Daily Collegian has a story on UMass' Pro Day and 2011 football schedule.
A couple of reports from the UMass website on spring practice.
Last year the coaching staff started awarding a different colored practice jersey for the player who had the best practice in the previous session. Football practices are a grind and coaching staffs are always looking for something to keep interest up.
Stephane Milhim and Brandon Potvin were honored for the first practice.
Chad Hunte was the MVP of the second practice.
One method of evaluating defensive linemen the the NFL draft uses is to figure out the player's impact in the games they played.
That method is most effective if we knew the player's total playing time by snaps. Since we don't have access to that information, a crude estimate can be made by dividing the player's stats by number of games played.
I did that for the 2010 UMass defensive line. The following would be much better presented in a grid, but Blogger does not have a table feature, unless you code html directly.
The following gives games played-games started, TFL, sacks, pass BkUP, Forced Fumbles. I awarded one point for tackles, 1.5 points for TFL, sacks and Pass breakups. I made forced fumbles, which cause a change in possession, three points.
I've blogged about Abner Logan a 6-2 225 pd MLB from Dexter School in Cambridge, MA twice before.
Roger Brown reports that he has received his first scholarship opportunity as Florida International has offered.
Beside UMass and UMaine, Logan is receiviang interest from FBS schools UConn, N.C. State, Florida, Syracuse, Penn State and Rutgers.
ESPN reports that former UMass QB Dave Palazzi will replace John Dubzinski as HC of Leominster HS.
We've talked about Dave Palazzi in the past. Blog readers voted him fourth all-time UMass QB. He's still third in career completions (409) in the UMass record book.
It's spreading. Central Arkansas to install purple and gray turf.
In the sidebar of the blog is a link to scans of game programs from UMass football history dating from 1973 up to 1987 (so far).
Ryan Dowgin, who was a walk-on kicker for Colgate, has a collection of game programs, tickets and other Red Raider material here. He has game programs from 88 of Colgate's 120 years of football.
The Philadelphia Examiner says Temple's BCS future will be impacted by Villanova's decision to go or not to go FBS. As we have talked before, it could have a big impact on UMass too.
Well, we're starting today with an April Fool's snow storm.
The Daily Collegian has an April 1st article.
Matty V. has a story about the start of UMass' spring practice. Freshman Brandon Hill and FR walk-on Jesse Hunt were nicked up and did not practice.
JUCO Ian Schultis has switched to #12. Bowling Green transfer Kellen Pagel is wearing #10. Ray Pendergast wears #14.
UPDATE: The UMass website has a video segment on the first day of practice.
The Salem News has a story on former UMass DL Kyle C. Harrington who is playing for the Arizona Rattlers. Kyle's Rattler's bio.
The scandal in the Bowls continued to widen yesterday as irregularities in the Orange Bowl and Sugar Bowl surfaced.
BC Blogger "Eagle in Atlanta" tells how the Fiesta Bowl spent $65,000 on a trip to Boston to listen to a presentation by Boston College's Gene Defilippo.
Appalachian State switches to the 3-4 defense.
Former USC WR Bryce Butler is looking into transferring to Delaware or UTC (at end of link).

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My ten years on the EWCA Board have been both a privilege and a joy, making it possible for me to meet so many extraordinary people in our field, many I can count as good friends! I have also had the great opportunity to raise awareness of the work of European writing centers, to foster fledgling centers and support young WC tutors and administrators across Europe, and to help launch the Anna Challenger Peer-Tutoring Fund. The EWCA is THE organization for Writing Center specialists, administrators, and tutors across Europe and beyond to connect with each other and share goals, challenges, obstacles and successes.
I would be honored to continue this meaningful work for the next two years and then happily pass the baton to an enthusiastic and committed younger member of our thriving EWCA community.
I am studying educational sciences as an MA student and am working as a Peer Tutor at the Schreibwerkstatt Mehrsprachigkeit (writing center multilingualism) at the University of Hamburg (Germany) since April 2012. The topic of my BA thesis is how writing centers can support students in achieving academic writing competencies.
At the German Peer Tutor conference in 2013 I held a workshop about networking between Peer Tutors. At the EWCA in 2014 I will speak about multilingualism as a resource in writing counseling. In the Gesellschaft für Schreibdidaktik und Schreibforschung (community of writing education and writing research) I am engaged in the special interest group of the interests of Peer Tutors.
I am very interested in the work of writing centers and the corresponding research. Working at the writing center and the feeling of being a member of the Peer Tutor community is important for me, because through this work I could see the value of my studying. I would be very honored to represent the Peer Tutors as a member of the EWCA board and grateful to obtain the opportunity to become acquainted with the European writing center movement and research.
As the Writing Center and Writing Program Director at Hellenic American University, Athens, Greece, I have over 10 years of experience in Writing Centers, WAC/WID programs and visual literacy.
Intrigued by what really happens in writing center tutorials, I have recently completed my Ph.D. thesis with the title ‘Writing Center Asynchronous/ Synchronous Online Feedback: The Relationship between E-feedback and its Impact on Student Satisfaction, Learning and Textual Revision’, aiming at contributing to a greater awareness of writing center research, theory, and practice.
Being an active EWCA Board member since 2010, I have had the chance to get to know some very talented, hardworking, enthusiastic and dedicated colleagues; if I have the chance to continue working with them, as well as taking up Board duties, I would like to focus on facilitating exchanges as well as creating a supportive scholarly community of writing center tutors and professionals across writing centers and writing programs in Europe and beyond.
After attending my first EWCA conference in Halkidiki in 2005 I was inspired and motivated to become an active member of the EWCA community, which helped me very much with my efforts to found a writing center at European University Viadrina. I opened and directed this writing center from 2007-2010. During the academic year 2011/12 I was a visiting scholar at the Writing Center of the University of Wisconsin Madison, USA, to conduct a research project on writing center leadership. Since October 2012 I am back at the European University Viadrina as Academic Director of our Writing Center and Director of the Center for Key Competences and Research-oriented Learning. I am EWCA board member since 2008 and served as chair since 2010. I would be honored to continue to work with dedicated board colleagues from various countries and to take board duties.
Since 2008 I am a member of the EWCA. This Summer I am hosting the EWCA Conference 2014 together with Katrin Girgensohn at the European University Viadrina in Frankfurt (Oder). I studied Cultural Sciences and Creative and Biographical Writing. 2005 I discovered my passion for the writing center work and started to work at the Viadrina as a writing peer tutor. Now I have grown up and I am in the lucky position to be the director of the writing center at the Viadrina, working together with an amazing team.
Over the last years, more and more writing centers opened their doors, not only in Germany, but all over Europe and in neighboring countries. I believe that our work is powerful, meaningful and important for universities, schools and other institution. An organization such as the EWCA is therefore important to teachers, to those who are working in writing centers, to peer writing tutors and to everyone who is dealing with writing pedagogies and research, because the EWCA is a network for everyone to share their ideas and to connect with each other beyond borders.
I met many great people who are working or who were working for the EWCA and for me it would be a pleasure to contribute to their great achievements or to continue their work.
After being a researcher in Romance studies for some years at the Universities of Graz and Göttingen, my growing interest in Writing Center pedagogy led me to complete the course “Schreibzentrumsarbeit und Literacy Management” 2011/12 at the European UniversityViadrina. At the same time I assumed a position at the Department of Educational and Student Services at the University of Graz where I had the chance to implement a package of measures to improve Academic Writing in three interdisciplinary masters programs. This pilot project proved to be successful and in 2014 the University of Graz put me in charge of establishing a permanent Writing Center.
In my new position I regard the EWCA as a highly relevant forum for exchange, discussion and the further development of policies for European Writing Centers. In terms of the ongoing consolidation of the European Higher Education Area a trans-European exchange is becoming even more important: The significance of intercultural and diverse study paths is growing and interferes with the practices in European Writing Centers. Considering this context of transformation it would be a privilege and a great pleasure for me to participate actively in the trans-European dialogue of Writing Centers and to become a EWCA board member.
I am working on my Master of Arts degree in English at Middle Tennessee State University, where I serve as a Peer Mentor for other tutors in our writing center. In addition to tutoring students, I help organize an annual event for regional tutors and administrators called Tutor Collaboration Day, serve on a social media outreach committee, lead a creative writing group, and conduct student writing workshops.
My research focuses on peer collaboration in digital spaces, using Google Hangouts and Google Docs for creative writing, collaborative scholarship, and as a means of creating partnerships between writing centers at various institutions.
At the EWCA conference this year, I will present plans for an international peer tutor (virtual) conference to encourage discussion and collaboration between writing centers all over the world. At the Southeastern Writing Centers Association conference in 2015, I will introduce the keynote speaker using this technology and moderate a virtual panel on global peer tutor exchange.
I would like to develop as a scholar and as a writing center administrator through EWCA, and serving as a Peer Tutor representative on the board will be an opportunity to grow our field, dissolve borders, and enrich our global writing center community.
I will be very pleased and proud to be given a chance to be a part of the EWCA organization. I have attended and presented at previous conferences organized by EWCA and EATAW and have benefited greatly from the vision of EWCA in setting up and running the existing Writing Center at my institution. I believe that I can contribute to the board with my experience and innovative ideas in the future.
I have been interested in writing center pedagogy since I started teaching EFL writing in 1996 at the University of Łódź, Poland, where I am also involved in EFL teacher training. I wrote my Ph.D. dissertation on the place of contrastive rhetoric in teaching EFL writing, and since 2009 I have organized a biennial conference devoted to theory and practice of foreign language writing FLOW (Foreign Language Opportunities in Writing).
I set up a writing center at Institute of English Studies, University of Łódź, after I attended my first EWCA conference in 2010 in Paris. Our writing center has to rely mainly on volunteer peer tutors, and while my initial motivation was, quite obviously, to help student writers develop their skills, I soon realized that peer tutoring benefits both tutees and tutors.
Since the 2012 conference in Blagoevgrad, I have been on the EWCA board, and I have supported peer tutoring as much as I can. I believe EWCA has a great role to play bringing together writing center practitioners as well as writing instructors, especially those working in the areas where writing instruction and research is underrepresented. Of course, I see the future of writing center pedagogy in peer tutoring and peer tutors.

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