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E. Albert, P. Arenas, S. Genaim, G. Puebla, D. Ramírez. From Object Fields to Local Variables: a Practical Approach to Field-Sensitive Analysis. Static Analysis Symposium (SAS'10), LNCS, pages 100-116, Springer, September 2010.
P. López-García, L. Darmawan, F. Bueno. A Framework for Verification and Debugging of Resource Usage Properties. Technical Communications of the 26th Int'l. Conference on Logic Programming (ICLP'10), Leibniz International Proceedings in Informatics (LIPIcs), Vol. 7, pages 104-113, Schloss Dagstuhl-Leibniz-Zentrum fuer Informatik, July 2010.
M. Gómez-Zamalloa, E. Albert, G. Puebla. Test Case Generation for Object-Oriented Imperative Languages in CLP. Theory and Practice of Logic Programming, 26th Int'l. Conference on Logic Programming (ICLP'10) Special Issue, Vol. 10 (4-6), pages 659-674, Cambridge U. Press, July 2010.
P. Chico de Guzmán, M. Carro, David S. Warren. Swapping Evaluation: A Memory-Scalable Solution for Answer-On-Demand Tabling. Theory and Practice of Logic Programming, 26th Int'l. Conference on Logic Programming (ICLP'10) Special Issue, Vol. 10 (4-6), pages 401-416, Cambridge U. Press, July 2010.
E. Albert, S. Genaim, M. Gómez-Zamalloa. Parametric Inference of Memory Requirements for Garbage Collected Languages. 9th International Symposium on Memory Management (ISMM'10), pages 121-130, ACM Press, June 2010.
D. Ivanovic, M. Carro, M. V. Hermenegildo. Automatic Fragment Identification in Workflows Based on Sharing Analysis. Service-Oriented Computing - ICSOC 2010, LNCS, Vol. 6470, pages 350-364, Springer Verlag, 2010.
Mohamed Anis Zemni, Salima Benbernou, M. Carro. A Soft Constraint-Based Approach to QoS-Aware Service Selection. Service-Oriented Computing - ICSOC 2010, LNCS, Vol. 6470, pages 596-602, Springer Verlag, 2010.
A. Stivala, P. J. Stuckey, M. García de la Banda, M. V. Hermenegildo, A. Wirth. Lock-free Parallel Dynamic Programming. Journal of Parallel and Distributed Computing, Vol. 70, Num. 8, pages 839-848, Elsevier, 2010.
JCR: position (ave) top 57%, impact (ave) 0.62, subject(s): COMPUTER SCIENCE, THEORY & METHODS CORE: A*. Citeseer: position 356/1221 (top 29%), impact 0.86. Average position: top 30%.
Nicolas Fay, Simon Garrod, Leo Roberts, Nik Swoboda. The Interactive Evolution of Human Communication Systems. Cognitive Science, Vol. 34, pages 351-386, 2010.
JCR: position (ave) top 25%, impact (ave) 2.18, subject(s): PSYCHOLOGY, EXPERIMENTAL Citeseer: position 135/1221 (top 11%), impact 1.38. Average position: top 18%.
Simon Garrod, Nicolas Fay, Shane Rogers, Bradley Walker, Nik Swoboda. Can Iterated Learning Explain the Emergence of Graphical Symbols?. Interaction Studies, Vol. 11, pages 33-50, 2010.
JCR: position (ave) top 23%, impact (ave) 1.36, subject(s): COMMUNICATIONLINGUISTICS Average position: top 23%.
D. Ivanovic, M. Carro, M. V. Hermenegildo. Towards Data-Aware QoS-Driven Adaptation for Service Orchestrations. Proceedings of the 2010 IEEE International Conference on Web Services (ICWS 2010), Miami, FL, USA, 5-10 July 2010, pages 107-114, IEEE, 2010.
CORE: A. Average position: top 33%.
D. Ivanovic, M. Treiber, M. Carro, S. Dustdar. Building Dynamic Models of Service Compositions With Simulation of Provision Resources. Proceedings of the 29th International Conference on Conceptual Modeling (ER 2010), Vancouver, Canada, 1-5 November 2010, LNCS 6412, pages 344-358, Springer, 2010.
E. Albert, M. Gómez-Zamalloa, G. Puebla. PET: A Partial Evaluation-based Test Case Generation Tool for Java Bytecode. ACM SIGPLAN Workshop on Partial Evaluation and Semantics-based Program Manipulation (PEPM'10), pages 25-28, ACM Press, 2010.
P. López-García, F. Bueno, M. V. Hermenegildo. Automatic Inference of Determinacy and Mutual Exclusion for Logic Programs Using Mode and Type Information. New Generation Computing, Vol. 28, Num. 2, pages 117-206, Ohmsha, Ltd. and Springer, 2010.
Martin Leucker, César Sánchez. Regular Linear-Time Temporal Logic. Proceedings of the 17th International Symposium on Temporal Representation and Reasoning (TIME'10), pages 3-5, IEEE Computer Society, 2010.
CORE: A. CiteseerX position (ave) top 51%, impact (ave) 0.135. Average position: top 42%.
Krishnendu Chatterjee, Luca de Alfaro, Vishwanath Raman, César Sánchez. Analyzing the Impact of Change in Multi-threaded Programs. Proc. of the 13th Int'l Conf. on Fundamental Approaches to Software Engineering (FASE'10), LNCS, Vol. 6013, pages 293-307, Springer, 2010.
Alejandro Sánchez, César Sánchez. Decision Procedures for the Temporal Verification of Concurrent Lists. Proc. of the 12th Int'l Conf. on Formal Engineering Methods (ICFEM'10), LNCS, Vol. 6447, pages 74-89, Springer, 2010.
CORE: B. CiteseerX position (ave) top 45%, impact (ave) 0.142. Average position: top 54%.
E. Mera. A Unified Framework for Resource and Execution Time Analysis, Run-Time Checking and Unit-Testing. Ph.D. Thesis, Universidad Politécnica de Madrid (UPM), Facultad Informática UPM, 28660-Boadilla del Monte, Madrid-Spain, November 2010.
M. V. Hermenegildo, T. Schaub. Theory and Practice of Logic Programming. 26th Int'l. Conference on Logic Programming (ICLP'10) Special Issue. Vol. 10 (4-6), pages 361-778, Cambridge University Press, July 2010.
M. V. Hermenegildo, T. Schaub. Technical Communications of the 26th Int'l. Conference on Logic Programming (ICLP'10). Leibniz International Proceedings in Informatics (LIPIcs), Vol. 7, Schloss Dagstuhl-Leibniz-Zentrum fuer Informatik, July 2010.
J.F. Morales. Advanced Compilation Techniques for Logic Programming. Ph.D. Thesis, Universidad Politécnica de Madrid (UPM), Facultad Informática UPM, 28660-Boadilla del Monte, Madrid-Spain, July 2010.
M. V. Hermenegildo, J. Palsberg. Proceedings of the 37th ACM SIGPLAN-SIGACT Symposium on Principles of Programming Languages (POPL 2010). ACM, January 2010.
M. Carro, R. Peña-Marí. Practical Aspects of Declarative Languages - 12th. International Symposium, PADL 2010. LNCS, Vol. 5937, Springer-Verlag, January 2010.
G. Barthe, M. V. Hermenegildo. Verification, Model Checking, and Abstract Interpretation, 11th International Conference, VMCAI 2010. LNCS, Vol. 5944, Springer, January 2010.
M. V. Hermenegildo, T. Schaub. Introduction to the 26th Int'l. Conference on Logic Programming (ICLP'10) Special Issue. Vol. 10, Num. 4-6, pages 361-364, Cambridge University Press, July 2010.
M. V. Hermenegildo, T. Schaub. Introduction to Technical Communications of the 26th Int'l. Conference on Logic Programming (ICLP'10). Technical Communications of the 26th Int'l. Conference on Logic Programming (ICLP'10), Leibniz International Proceedings in Informatics (LIPIcs), Vol. 7, pages 8-11, Schloss Dagstuhl-Leibniz-Zentrum fuer Informatik, July 2010.
Elvira Albert. From Termination to Cost (in Object-Oriented Languages). Workshop on Termination (WST'10), 1 pages, July 2010.
A. Metzger, S. Benbernou, M. Carro, M. Driss, G. Kecskemeti, R. Kazhamiakin, K. Krytikos, A. Mocci, E. Di Nitto, B. Wetzstein, et al.. Analytical Quality Assurance. Service Research Challenges and Solutions for the Future Internet, LNCS, Vol. 6500, pages 209-270, Springer Verlag, 2010.
S. Benbernou, I. Brandic, C. Cappiello, M. Carro, M. Comuzzi, A. Kertész, K. Kritikos, M. Parkin, B. Pernici, P. Plebani. Modeling and Negotiating Service Quality. Service Research Challenges and Solutions for the Future Internet, LNCS, Vol. 6500, pages 157-208, Springer Verlag, 2010.
E. Albert, P. Arenas, S. Genaim, I. Herraiz, G. Puebla. Comparing Cost Functions in Resource Analysis. 1st International Workshop on Foundational and Practical Aspects of Resource Analysis (FOPARA'09), Lecture Notes in Computer Science, Vol. 6234, pages 1-17, Springer, 2010.
D. Ivanovic, M. Carro, M. V. Hermenegildo. An Initial Proposal for Data-Aware Resource Analysis of Orchestrations with Applications to Predictive Monitoring. International Workshops, ICSOC/ServiceWave 2009, Revised Selected Papers, LNCS, Num. 6275, Springer, September 2010.
E. Albert, M. Gómez-Zamalloa, J.M. Rojas, G. Puebla. Towards Compositional CLP-based Test Data Generation for Imperative Languages. 20th International Symposium on Logic-Based Program Synthesis and Transformation (LOPSTR'10), pages 47-57, July 2010. Extended Abstract.
R. Haemmerlé. (Co)inductive Semantics for Constraint Handling Rules. Annual ERCIM Workshop on Constraint Solving and Constraint Logic Programming, 2010.
D. Ivanovic, M. Carro, M. V. Hermenegildo. Automated Attribute Inference in Complex Service Workflows Based on Sharing Analysis. Num. CLIP5/2010.0, Technical University of Madrid (UPM), December 2010.
D. Ivanovic, M. Carro, M. V. Hermenegildo. Automatic Fragment Identification in Workflows Based on Sharing Analysis. Num. CLIP4/2010.0, 15 pages, Technical University of Madrid (UPM), June 2010. Submitted.
E. Mera, T. Trigo, P. López-García, M. V. Hermenegildo. An Approach to Profiling for Run-Time Checking of Computational Properties and Performance Debugging. Num. CLIP3/2010.0, 29 pages, Technical University of Madrid (UPM), March 2010.
D. Ivanovic, M. Carro, M. V. Hermenegildo, P. López, E. Mera. Towards Data-Aware Cost-Driven Adaptation for Service Orchestrations. Num. CLIP5/2009.1, Technical University of Madrid (UPM), March 2010.
P. López-García, L. Darmawan, F. Bueno, M. V. Hermenegildo. Towards a Framework for Resource Usage Verification and Debugging in the CiaoPP System. Num. CLIP1/2010.0, Technical University of Madrid (UPM), February 2010. Available at http://cliplab.org/papers/resource-verif-10-tr.pdf.

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Summary: In the present communication it is proved that for any positive element of the semi-ordered algebra with a monotonic norm there exists a positive linear eigenfunctional on the algebra with an eigenvalue equal to the spectral radius of a chosen element.
Summary: In the given work the upper bounds for a singular integral with the additional logarithm the kernel and its continuity module through partial continuity modules of the density are obtained.
Gabasov R., Kirillova F. M., Yarmosh O. P.
Summary: In the article primal and dual methods of calculation of optimal programs for linear systems with delay arc described. To realize an optimal feedback the dual method is used. It is shown that both the primal and dual methods are finite.
Summary: A general approach to construct various relaxations of the polytopes generated by subgroups of the symmetric group is offered. Realization of this approach has allowed one to obtain a new relaxation of the polytope of the traveling salesman problem. The polyhedral description of this relaxation contains a factorial number of the inequalities which are defined by generatrices of the boundary cones that generate the initial polytope.
Summary: Mollifiers with a variable step in the theory of solubility of elliptical problems as well as the proofs of their solubility for elliptic problems for second order equations in domains with a piecewise smooth boundary are used in this article.
Borukhov V. T., Gorbach A. V.
Summary: Two classes of the linear inequalities for a set of relaxation polytope facets are obtained. A relaxation polytope is assigned by the convex hull of its vertices in the space of the symmetrical polynomials of two variables of the power no more n for each variable.
Kovalenko N. S., Pavlov P. A.
Summary: Necessary and sufficient conditions for the efficiency of the equally distributed systems of competitive processes are obtained.
Semashko P. G., Okhrimenko A. E.
Summary: The opportunity of application of digital television broadcasting signals (DVB-T) for outside illumination of targets in a semi-active radar is analyzed. Autocorrelation characteristics of a signal are studied, a computational complexity of various correlation processing algorithms is estimated. It is shown that the digital TV signal allows the radar to achieve a better capability of acquisition and resolution than the analog TV one. A two-phase correlation algorithm offered for processing the DVB-T signal allows one to considerably decrease a required processor speed.
Korshunov F. P., Gurinovich V. A., Zhdanovich N. E., Marchenko I. G.
Summary: The results of investigations of thermostable radiation defects (up to 800 °C) and their influence on the minority charge carriers (MCC) recombination rate in the base region of p+ - n-structures manufactured on neutron-transmutation doped (NTD) silicon with the resistivity r = 200 Ohm  cm are presented. The dependences of radiation-thermal coefficient KtT characterizing changes of the MCC lifetime in p+ - n-structures manufactured on NTD Si as a function of annealing temperature for different influences of electrons with an energy of 6 MeV have been plotted. The spectra were recorded and the defects parameters were determined in NTD based structures before and after electron irradiation (E = 6 MeV) and after annealing at a temperature of 700 °C. It is established that the radiation thermal defect with the energy level of Ec--0.53 eV is not annealed up to 800 °C and can be utilized in radiation technology of speed increase of powerful semiconductor devices manufactured on NTD Si.
Burakov V. S., Savastenko N. A., Misakov P. Ya., Tarasenko N. V.
Summary: W, WC and carbon nanoparticles were synthesized using a pulsed spark discharge submerged in ethanol. C and W rod electrode pair was used. The liquid was discharge-treated with a 3.5--4.5 A average current at a repetition rate of 100 Hz. Samples were obtained by extracting liquid from the treatment vessel or allowing the liquid to evaporate from the vessel and collecting the residue. The samples were examined by UV/VIS spectroscopy, TEM and XRD. This method permits the synthesis of nanoparticles with an average diameter of 7 nm at a rate of 7 mg/min.
Summary: The solutions of the Schroedinger equation with the nonlinearity order and the graphs of two-dimensional symmetrical solitons are constructed. These results allow one to define the amplitude and the width of soliton in dependence of the nonlinearity parameter.
Bildyukevich A. V., Fenko L. A., Soldatov V. S.
Summary: The viscosity, refracting index and density of the dilute solutions of polycaproamide in dimethylacetamide with lithium chloride have been studied. The q-temperature for 2.5% lithium chloride in dimethylacetamide has been established using the refracting index and density measurements vs. temperature. The main hydrodynamic parameters of macromolecules have been calculated.
Netchai N. I., Lyakhov A. S., Zapolskii V. A., Potkin V. I., Kaberdin R. V.
Summary: It is established that the vinylcthyl ester cycloaddition to l,3-dinitrotetrachloro-l,3-butadicne proceeds unusually with the participation of two ester molecules, the reconstruction of heterocycles forming and leads to the formation of 3.4-dihydro-2,4-diethoxy-6,7,8-tricfiloro-2H-pyrano[3,2-b]pyridine-5-oxide, whose structure is determined by the spectral methods and X-ray analysis.
Summary: Inheritance of wheat and rye translocation T4BS  4BL--2RL with fungal disease resistance genes and their expression can depend on the genetic features of nuclear and cytoplasmic systems of plants of eu- and alloplasmic common wheat lines used in crossings.
Summary: The results of several-year investigations aimed at gaining important for breeding sugar beet germplasm -- high yield and high sugar content lines and hybrids -- by in vitro gynogenesis technology are described.
Zadvornova Y. V., Alekseichuk H. N., Laman N. A., Khripach V. A., Groot S. P. C.
Summary: Flow cytometric evaluation of the cell cycle activation has been done on axis nuclei of white cabbage seeds to study the changes associated with the influence of epibrassinolide and homobrassinolide. Exogenous brassinosteroids infused into dry seeds before accelerated aging have arrested the deteriorative processes in seeds under unfavourable conditions of storage. Seeds treated with brassinosteroids resumed their cell cycle activity faster compared to untreated control. It may be related to a more effective reparation of the damages accumulated in seeds during aging or to a less accumulation of those damages because of the protective function of brassinosteroids at aging.
Zhidkov I. V., Danilenko N. G., Sivitskaya L. N., Kushnerevich E. I., Lazjuk G. I., Davydenko O. G.
Summary: DNA-diagnostics of mitochondrial mutation was carried out in family members of patient with Leber syndrome presumptive. The G11778A mutation in nd4 gene has been found that confirms the diagnosis. The mutation is homoplasmic in patient and heteroplasmic in the proband's mother and sister.
Summary: The purpose of the research was an estimation of the clinical relevance of a volume of an autonomous tissue in patients with the unifocal (n = 7) and bifocal (n = 7) functional autonomy of a thyroid gland (TG) before and after radioiodine therapy (RIT). It is revealed that the volume of the autonomous tissue <10 ml caused clinically significant changes of the functional condition of the TG in 53% of cases. Moreover, RIT was found ineffective in 2 patients from 38 with the volume of the autonomous tissue from 5 up to 10 ml while in all patients with the volume of the latter more than 10 ml (n = 27) the successful result of treatment was observed. The volume of the autonomous tissue in 4 months (; 5) after RIT decreased by 59%, and the volume of the TG by 29--34%.
Summary: Two generations of tourmaline -- metamorphogcnic-meetasomatic and metasomatic are revealed in biotite plagiogneisses and gneisses of the Okolovo series and in the veined granitoids of the Zhukhovichi complex. An analysis of the petrochemical properties of rocks and the gcochemical peculiarities of minerals suggests that the veined granitoids of the Zhukhovichi complex can show promise for rare and nonferrous metals.
Chernysh A. F., Chizhikov Y. A.
Summary: The factors (climatic, morphometric, soil- and technogenic and others) that canse the development of wind erosion processes on the Belarus territory have been analyzed. Two major components have been defined, whose contribution to the total dispersion of the values of the erosion intensity exceeds 61%. The first major component is considered as the integrated soil-climatic factor, indicating differences in the size of the total humidity of the territory, its warming, the character of soil cover. The second major component is interpreted as the climatic factor. It reflects differences in the value of the wind regime of the region. Index of the deflation potential of the wind (Bi) has been calculated. Three groups of areas have been distinguished in Belarus: with low, moderate and high Bi.
Yakubovskaya T. V., Savchenko I. E., Badyaj V. V., Kozhin V. D., Fedenya S. A.
Summary: A new locality of the Belovczhian interglacial deposits found in the valley of the ancient river in the eastern Belarus was studied.
Summary: The problems on the interrelation of structures of the base and bedrock topography with a day surface arc considered. A new scheme of the structural geomorphological zoning, which reflects reflects a joint influence of various factors developing on a certain background of newly regional and local neotectonic movements on the structure of the day surface, is presented.
Liopo V. A., Struk V. A., Avdejchik S. V., Kletsko V. V., Ovchinnikov E. V.
Summary: Physical models of the modifying action of disperse particles of layered silicates of natural origin in polymeric matrixes are considered. Mechanisms of charges formation on surfaces of particles, their influence on a polymeric matrix and formation of nanocomposites with a dope content of a silicate modifier are offered.
Summary: The phenomenon of microslip in shifting from the static contact to the dynamic one is studied. It is shown that the phenomenon regularities are substantially dissimilar for metal--metal and metal--polymer contacts. These differences are attributed to the hereditarily clastic behavior of polymeric material. To confirm this assumption, data are reported on the effect of the rate of shear force application, the polymer layer thickness, and the duration of loading and the normal load on microslip and contact deformations.
Bublievsky A. F., Galinovsky A. A., Gorbunov A. V., Zhdanok S. A., Sharahovsky L. I.
Summary: The schematic of the experimental setup for nanomaterial synthesis in arc reactors is shown. The results of physical and chemical properties of synthesis products are presented. They have been synthesized using raw material lanthanide concentrates of industrial waste type. As a result of a comprehensive analysis of carbon nanomaterials using various methods it is established that the arc plasma synthesis under the considered conditions allows one to produce fine carbon products with the content of fullerene phases up to 15--20 vt.% and carbon nanotubes up to 3--5 vt.%. The setup capacity (at a power of 90 kW) can reach a level up to 2 kg of nanostructure- containing soot per hour.
Summary: Migration process during the last two decades of the 20th century is shown on the basis of official statistics, documents from the Archive of the Committee of Religions and Nations under the Cabinet of Ministers of the Republic of Belarus, information from mass media. In the last decade the quantity of people from the Caucasus coming to our republic is reducing. The state, in turn, must regulate by law the entry and living of refugees and people without citizenship on the territory of Belarus.


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Abstract: The current research climate has heightened expectations for social science researchers to secure research grant funding at the same time that such funding appears to be more competitive than ever. As a result, researchers experience anxiety, confusion, loss of confidence, second guessing, and a lack of trust in the system and themselves. This autoethnographic study provides an insider perspective on the intellectual, emotional, and physical experience of grant writing. A team of scholars document the production of a research grant for their major national funding agency, the Social Sciences and Humanities Research Council of Canada. The story is presented through epistolary narrative in the form of a series of unsent letters addressed to the funding agency. The letters foreground themes of expertise, identity, and time as they were shaped through the grant-writing process. The analysis draws attention to unnecessary complexities and challenges that could and should be eliminated from granting processes if the intention is to foster quality research and strengthen research capacity. Implications may prove instructive for other grant applicants, resource personnel employed to support applicants, and potential funders.
4.7 Research team or application team?
Serious writing began mid-July 2016 and continued uninterrupted until October 7, the day of submission. The writing process often felt artificial due to the requirement to write segments of particular lengths to fit pre-specified headings and categories. I spent more than 300 hours during that almost three-month period and that estimate does not count preparatory work before we officially launched our writing or the time of the co-applicants, collaborators, and resource personnel with whom I worked. We drafted and redrafted sections repeatedly. Table 1 identifies the number of drafts for each section of the grant application saved to my computer. Other team members have additional interim drafts on their computers, so this list is only a partial representation of the texts produced by the team.
SSHRC, can we simplify the expectations, cut unnecessary detail, give more space when needed, re-think what is "minimum essential funding"? Isn't the point to do good research, not just pare the cost to the bone?
In writing our application, I wish I could say with confidence that we trusted our own expertise, rather than trying to conform to some ghostly template of "what SSHRC wants."
My e-mailed instructions were conveyed to the other team member and she was able to make the desired changes, but I'm left wondering if there might be better ways to focus our energies as scholars. SSHRC, do you think that being able to navigate a complex online system is an appropriate measure of research potential? If applicants need technical support to navigate such systems, do they have access to institutional personnel or funding to hire someone?
Although my tone might suggest that I doubt the institutional decision to preclude me as a co-applicant, that is not entirely a fair portrayal of my thinking. I don't have the same academic freedoms as academic staff and my research is often connected to my job or a mode of professional development (whereby I demonstrate myself as a scholarly ally but not peer to academics). The consequences of this situation for research are important—research I lead could be influenced by the politics and practices of my workplace and supervisor. This constraint has meant that scholarly work that is not approved by my workplace is done on my own time and cannot be presented with my institutional affiliation. I have not yet figured out where this project will land; I suspect it will be a combination of hobby and work. SSHRC, I doubt you would see collaborators as research hobbyists but perhaps that is at least one of the best ways to think about who I am.
In practice, our international collaborators have been generous with their time and advice, and we still hope to generate some comparative research, although funding for such a purpose remains elusive. But how can Canada be "a global leader in humanities and social sciences research and research training" (SSHRC, 2016, p.9) without more support and encouragement for working, researching, and traveling abroad?
Despite these positives for engaging student assistants, we have struggled to provide a balanced budget with full justification for each expense. Students need training and supervision to achieve the potential gains from these learning opportunities. We know from experience that the hours can add up quickly. It is time-intensive work. We hope you will recognize the importance of allocating substantial time to ensure research quality and provide rich experiences for student assistants. Such opportunities are a key mechanism for advancing research and research training.
I recall the feelings of urgency and necessity: Funding is needed! Funding will ensure the work means something! With funding, I/we will be recognizable as particular kinds of scholars! But, dear SSHRC, applications and funding just don't mean the same thing to me now as they did in graduate school. I am not sure what it will mean for each member of our team. But reading the interview transcripts from the pilot projects suggests we have a mess of emotions, analyses, and critiques about being researchers. I anticipate we will continue to untangle these considerations as we wait to hear what you, SSHRC, want and as we continue to occupy that unstable, and at times uncomfortable, place of researcher and researched.
Our efforts take place with the recognition that even if we are chosen, minimum essential funding may not enable us to make our intended contributions. Could the process of applying for a SSHRC Insight Grant be more humane? Is it only a matter of the government allocating more money to SSHRC? If there is never enough money, then spreading smaller amounts across more applicants may seem a better strategy, but what do reduced budgets do to the quality of research that can be produced? How do these decisions affect Canada's place in the social science research world? Is it possible to alter the emphasis so that time and attention goes to doing research rather than to writing grant applications? We would like to think that "what SSHRC wants" is excellent scholarship, however defined, but that focus sometimes gets lost in the black box of grant application and adjudication.
Please accept my warmest congratulations on your success in this competition and my very best wishes for a productive period of research activity.
SSHRC must work hand in hand with scholars to ensure continued vitality and to maintain "the lifeblood of humanities and social science research in Canada" (DINEEN, 2007, p.3).
This work was funded in part by the Social Sciences and Humanities Research Council of Canada (435-2017-0104). Thank you to our international collaborator, Oili-Helena YLIJOKI, who provided useful feedback on a draft of this paper, including confirming our descriptions of the Finnish system. We also acknowledge the contributions of other team members named on the grant application (Eve HAQUE and Lisa LUCAS) and those who have joined us since then (Pushpa HAMAL and Caitlin CAMPISI). An earlier version of this article was presented at the Canadian Society for the Study of Higher Education annual conference in Toronto, Canada on May 30, 2017.
Acker, Sandra & Wagner, Anne (2017). Feminist scholars working around the neoliberal university. Gender and Education. Advance online publication.
Acker, Sandra & Ylijoki, Oili-Helena (2018). Grant hunting in corporatized universities: Experiences from Canada and Finland, Paper presented at the International Sociological Association World Congress of Sociology, Toronto, Canada, July 15-21, 2018.
Acker, Sandra; Wagner, Anne & McGinn, Michelle K. (2018). Research leaders and student collaborators: Insights from Canada. In Lynne Gornall; Brychan Thomas & Lucy Sweetman (Eds.), Exploring consensual leadership in higher education: Co-operation, collaboration and partnership (pp.113-128). London: Bloomsbury.
Bethman, Brenda & Longstreet, Shaun (2013). The alt-ac track. Inside Higher Education, January 14, 2013, https://www.insidehighered.com/advice/2013/01/14/essay-preparing-academic-or-alt-ac-careers [Accessed: October 10, 2018].
Bowness, Suzanne (2015). What's up with alt-ac careers?. University Affairs, September 8, 2015, https://www.universityaffairs.ca/features/feature-article/whats-up-with-alt-ac-careers/ [Accessed: October 10, 2018].
Carroll, Katherine (2015). Representing ethnographic data through the epistolary form: A correspondence between a breastmilk donor and recipient. Qualitative Inquiry, 21(8), 686-695.
Chang, Heewon (2008). Autoethnography as method. Walnut Creek, CA: Left Coast.
Channa, Liaquat A. (2017). Letter writing as a reflective practice: Understanding the shuffling, shifting, and shaping of a researcher identity. Reflective Practice, 18(3), 358-368.
Chubb, Jennifer & Watermeyer, Richard (2017). Artifice or integrity in the marketization of research impact? Investigating the moral economy of (pathways to) impact statements within research funding proposals in the UK and Australia. Studies in Higher Education, 42(12), 2360-2372.
Davis, Shametrice & Harris, Jessica C. (2015). But we didn't mean it like that: A critical race analysis of campus responses to racial incidents. Journal of Critical Scholarship on Higher Education and Student Affairs, 2(1), Art. 6, http://ecommons.luc.edu/jcshesa/vol2/iss1/6 [Accessed: October 10, 2018].
Degn, Lise (2018). Academic sensemaking and behavioural responses—Exploring how academics perceive and respond to identity threats in times of turmoil. Studies in Higher Education, 43(2), 305-321.
Dineen, Murray (2007). How to win at SSHRC. Intersections, 28(1), 3-10.
Edwards, Marc A. & Siddhartha, Roy (2017). Academic research in the 21st century: Maintaining scientific integrity in a climate of perverse incentives and hypercompetition. Environmental Engineering Science, 34(1), 51-61.
Ellis, Carolyn (2004). The ethnographic I: A methodological novel about autoethnography. Walnut Creek, CA: AltaMira.
Enright, Eimear; Rynne, Steven B. & Alfrey, Laura (2017). "Letters to an early career academic": Learning from the advice of the physical education and sport pedagogy professoriate. Sport, Education and Society, 22(1), 22-39.
Gopaul, Bryan; Jones, Glen A.; Weinrib, Julian; Metcalfe, Amy; Fisher, Don; Gingras, Yves & Rubenson, Kjell (2016). The academic profession in Canada: Perceptions of Canadian university faculty about research and teaching. The Canadian Journal of Higher Education, 46(2), 55-77.
Gordon, Richard & Poulin, Bryan J. (2009). Cost of the NSERC science grant peer review system exceeds the cost of giving every qualified researcher a baseline grant. Accountability in Research, 16(1), 13-40.
Hamann, Julian (2016). The visible hand of research performance assessment. Higher Education, 72(6), 761–779.
Henkel, Mary (2010). Introduction: Change and continuity in academic and professional identities. In George Gordon & Celia Whitchurch (Eds.), Academic and professional identities in higher education: The challenges of a diversifying workforce (pp.3-12). London: Routledge.
Herbert, Danielle L.; Barnett, Adrian, G.; Clarke, Philip & Graves, Nicholas (2013). On the time spent preparing grant proposals: An observational study of Australian researchers. BMJ Open, 3(5), https://bmjopen.bmj.com/content/3/5/e002800 [Accessed: October 10, 2018].
Herbert, Danielle L.; Coveney, John; Clarke, Philip; Graves, Nicholas & Barnett, Adrian G. (2014). The impact of funding deadlines on personal workloads, stress and family relationships: A qualitative study of Australian researchers. BMJ Open, 4(3), https://bmjopen.bmj.com/content/4/3/e004462 [Accessed: October 10, 2018].
Jayasinghe, Upali W.; Marsh, Herbert W. & Bond, Nigel (2001). Peer review in the funding of research in higher education: The Australian experience. Educational Evaluation and Policy Analysis, 23(4), 343-364.
Kornhaber, Rachel; Cross, Merylin; Betihavas, Vasiliki & Bridgman, Heather (2016). The benefits and challenges of academic writing retreats: An integrative review. Higher Education Research & Development, 35(6), 1210-1227.
Koro-Ljungberg, Mirka (2014). Trickeries of grant work. Qualitative Inquiry, 20(2), 203-212.
Lamont, Michèle (2009). How professors think: Inside the curious world of academic judgment. Cambridge, MA: Harvard University Press.
Laudel, Grit (2006). The "quality myth": Promoting and hindering conditions for acquiring research funds. Higher Education, 52(3), 375-403.
Leathwood, Carole & Read, Barbara (2013). Research policy and academic performativity: Compliance, contestation and complicity. Studies in Higher Education, 38(8), 1162-1174.
Leberman, Sarah; Eames, Brigit & Barnett, Shirley (2016). Unless you are collaborating with a big name successful professor, you are unlikely to receive funding. Gender and Education, 28(5), 644-661.
Lucas, Lisa (2006). The research game in academic life. Berkshire: Open University Press.
Luukkonen, Terttu & Thomas, Duncan A. (2016). The "negotiated space" of university researchers' pursuit of a research agenda. Minerva, 54(1), 99-127.
Maher, Michelle A.; Gilmore, Joanna A.; Feldon, David F. & Davis, Telesia E. (2013). Cognitive apprenticeship and the supervision of science and engineering research assistants. Journal of Research Practice, 9(2), Art. M5, http://jrp.icaap.org/index.php/jrp/article/view/354/311 [Accessed: October 10, 2018].
Manankil-Rankin, Louela (2016). Moving from field text to research text in narrative inquiry: A study exemplar. Canadian Journal of Nursing Research, 48(3-4), 62-69.
McCarthy VanOosten, Deborah A. (2008). Project management and the academic research environment: Researchers and research administrators "planning the work, then working the plan". Unpublished master's research, Brock University, St. Catharines, Ontario, Canada.
McGinn, Michelle K. (with Manley-Casimir, Michael; Fenton, Nancy E. & Shields, Carmen) (2012a). Fitting Procrustes' bed: A shifting reality. Workplace: A Journal for Academic Labor, 19, 65-79, http://ices.library.ubc.ca/index.php/workplace/article/view/182372/182519 [Accessed: October 10, 2018].
McGinn, Michelle K. (2012b). Being academic researchers: Navigating pleasures and pains in the current Canadian context. Workplace: A Journal for Academic Labor, 21, 14-24, http://ices.library.ubc.ca/index.php/workplace/article/view/182519 [Accessed: October 10, 2018].
McGinn, Michelle K. (2015). Postgraduate research assistantships as spaces for researching, learning, and teaching. In Cally Guerin, Claus Nygaard & Paul Bartholomew (Eds), Learning to research—Researching to learn (pp.171-194). Faringdon: Libri.
McGinn, Michelle K.; Shields, Carmen; Manley-Casimir, Michael; Grundy, Annabelle L. & Fenton, Nancy E. (2005). Living ethics: A narrative of collaboration and belonging in a research team. Reflective Practice, 6(4), 551-567.
McGrail, Matthew R.; Rickard, Claire M. & Jones, Rebecca (2006). Publish or perish: A systematic review of interventions to increase academic publishing rates. Higher Education Research & Development, 25(1), 19-35.
McIntyre, Maura & Cole, Ardra L. (2001). Conversations in relation: The research relationship in/as artful self-study. Reflective Practice, 2(1), 5-25.
Moore, Samuel; Neylon, Cameron; Eve, Martin Paul; O'Donnell, Daniel Paul & Pattinson, Damian (2017). "Excellence R Us": University research and the fetishisation of excellence. Palgrave Communications, 3, Art. 16105, https://www.nature.com/articles/palcomms2016105 [Accessed: October 10, 2018].
Mow, Karen E. (2009). Inside the black box: Research grant funding and peer review in Australian research councils. Unpublished doctoral research, University of Canberra, Australia, http://www.canberra.edu.au/researchrepository/items/2a04fa15-5591-0a4d-ebe1-f49467310292/1/ [Accessed: October 10, 2018].
Munday, Chad (2016). Non-full-time college professors: A narrative inquiry into the non-full-time faculty role. Unpublished master's research, Queen's University, Kingston, Ontario, Canada, https://qspace.library.queensu.ca/handle/1974/14930 [Accessed: October 10, 2018].
Musambira, George; Collins, Steven; Brown, Tim & Voss, Kimberly (2012). From "publish or perish" to "grant or perish": Examining grantsmanship in communication and the pressures on communication faculty to procure external funding for research. Journalism & Mass Communication Educator, 67(3), 234-251.
Olssen, Mark (2016). Neoliberal competition in higher education today: Research, accountability and impact. British Journal of Sociology of Education, 37(1), 129-148.
Phillips, David N. & Hall, Susan H. (2002). Publishing as reflection on practice. Reflective Practice, 3(3), 245-253.
Pinto, Laura Elizabeth (2015). A flow for the social sciences and humanities: Storying the struggle of high-stakes financialization in the academy. Tamara, 13(1-2), 15-24.
Polster, Claire (2007). The nature and implications of the growing importance of research grants to Canadian universities and academics. Higher Education, 53(5), 599-622.
Quake, Stephen (2009). Letting scientists off the leash. The New York Times Blog, Blog post, February 10, 2009, https://opinionator.blogs.nytimes.com/2009/02/10/guest-column-letting-scientists-off-the-leash/ [Accessed: October 10, 2018].
Rees, Teresa (2011). The gendered construction of scientific excellence. Interdisciplinary Science Reviews, 36(2), 133-145.
Robinson, Daniel (2013). It's time to change the way research grants are awarded in Canada, University Affairs, July 3, 2013, https://www.universityaffairs.ca/opinion/in-my-opinion/its-time-to-change-the-way-research-grants-are-awarded-in-canada/ [Accessed: October 10, 2018].
Roth, Wolff-Michael (2002). Evaluation and adjudication of research proposals: Vagaries and politics of funding. Forum Qualitative Sozialforschung / Forum: Qualitative Social Research, 3(3), Art. 25, http://dx.doi.org/10.17169/fqs-3.3.841 [Accessed: October 10, 2018].
Roth, Wolff-Michael (2004). Vagaries and politics of funding: Beyond "I told you so". Forum Qualitative Sozialforschung / Forum: Qualitative Social Research, 5(1), Art. 14, http://dx.doi.org/10.17169/fqs-5.1.661 [Accessed: October 10, 2018].
Roumbanis, Lambros (2017). Academic judgments under uncertainty: A study of collective anchoring effects in Swedish Research Council panel groups. Social Studies of Science, 47(1), 95-116.
Serrano Velarde, Kathia (2018). The way we ask for money ... The emergence and institutionalization of grant writing practices in academia. Minerva, 56(1), 85-107.
Side, Katherine & Robbins, Wendy (2007). Institutionalizing inequalities in Canadian universities: The Canada research chairs program. NWSA Journal, 19(3), 163-181.
Social Sciences and Humanities Research Council of Canada (2016). Advancing knowledge for Canada's future: SSHRC's strategic plan to 2020, http://www.sshrc-crsh.gc.ca/about-au_sujet/publications/strategic-plan-strategique-2016-eng.pdf [Accessed: October 10, 2018].
Social Sciences and Humanities Research Council of Canada (2018a). Competition statistics, http://www.sshrc-crsh.gc.ca/results-resultats/stats-statistiques/index-eng.aspx [Accessed: October 10, 2018].
Social Sciences and Humanities Research Council of Canada (2018b). Definition of terms, http://www.sshrc-crsh.gc.ca/funding-financement/programs-programmes/definitions-eng.aspx [Accessed: October 10, 2018].
Streltsova, Ekaterina A. (2017). Research grants in Russian science: Evidences of an empirical study. Working paper, WP BRP 70/STI/2017, https://wp.hse.ru/data/2017/01/16/1115281014/70STI2017.pdf [Accessed: October 10, 2018].
Tamboukou, Maria (2011). Archive pleasures or whose time is it?. Forum Qualitative Sozialforschung / Forum: Qualitative Social Research, 12(3), Art. 1, http://dx.doi.org/10.17169/fqs-12.3.1733 [Accessed: October 10, 2018].
Tseng, Ming-Yu (2011). The genre of research grant proposals: Towards a cognitive–pragmatic analysis. Journal of Pragmatics, 43(8), 2254-2268.
Vostal, Filip (2016). Accelerating academia: The changing structure of academic time. Basingstoke: Palgrave Macmillan.
Ylijoki, Oili-Helena (2015). Conquered by project time? Conflicting temporalities in university research. In Paul Gibbs, Oili-Helena Ylijoki, Caroline Guzmán-Valenzuela & Ronald Barnett (Eds.), Universities in the flux of time: An exploration of time and temporality in university life (pp.94-107). New York, NY: Routledge.
Ylijoki, Oili-Helena & Mäntylä, Hans (2003). Conflicting time perspectives in academic work. Time & Society, 12(1), 55-78.
Michelle K. McGINN (PhD) is Interim Associate Vice-President Research and Professor of Education at Brock University in St. Catharines, Ontario, Canada. Her primary interests relate to research collaboration, researcher development, scholarly writing, and ethics in academic practice. She is a co-investigator on the Academic Researchers in Challenging Times project from which this article is drawn.
Sandra ACKER (PhD) is Professor Emerita, Department of Social Justice Education, University of Toronto, Ontario, Canada. She is a sociologist of education whose research has highlighted gender and other equity issues in the careers and workplace cultures of teachers, doctoral students, academics, and academic administrators. She is the principal investigator for the Academic Researchers in Challenging Times project.
Marie VANDER KLOET (PhD) is Assistant Director of the Teaching Assistants' Training Program and the Centre for Teaching Support & Innovation at the University of Toronto, Ontario, Canada. In addition to being a collaborator on the Academic Researchers in Challenging Times project, her current research focuses on three areas of higher education: graduate student teaching and professional development; contingent faculty, labor and pedagogy; and accessibility and equity in higher education.
Anne WAGNER (PhD) is Associate Professor, Department of Social Work, Nipissing University, North Bay, Ontario, Canada. Her teaching and research interests include the areas of gender, race, social justice, (higher) education, critical pedagogies and violence against women. She is a co-investigator on the Academic Researchers in Challenging Times research project.
McGinn, Michelle K.; Acker, Sandra; Vander Kloet, Marie & Wagner, Anne (2019). Dear SSHRC, What Do You Want? An Epistolary Narrative of Expertise, Identity, and Time in Grant Writing [70 paragraphs]. Forum Qualitative Sozialforschung / Forum: Qualitative Social Research, 20(1), Art. 8, http://dx.doi.org/10.17169/fqs-20.1.3128.

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One year ago, on 23 March 2018, President Trump signed into law the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), a piece of legislation passed by the Congress of the United States of America that allows the U.S. government to access – under certain circumstances – data stored worldwide. The extraterritorial effects of the CLOUD Act are also of particular relevance for Swiss companies, as more and more companies are relying on the services of US providers. In addition, providers are also increasingly offering country-specific cloud products for Switzerland, as the recent launch of the Google Cloud Switzerland region shows. At the same time, many Swiss companies are also subject to the EU General Data Protection Regulation (GDPR), another extraterritorial regulation, in addition to the Swiss Data Protection Act (DPA). Both decrees place strict requirements on the transfer of personal data to countries which, like the USA, do not have an adequate level of data protection. Although many questions remain unanswered, Swiss companies must be aware of the risks associated with choosing a cloud provider that is potentially subject to the CLOUD Act.
The issue of the transfer of personal data to the USA was at the heart of the dispute that arose in 2013 between the U.S. Department of Justice (DoJ) and Microsoft Corp. In December of that year, federal law enforcement agents applied for a warrant in accordance with 18 USC § 2703 (Stored Communications Act, SCA) to the United States District Court for the Southern District of New York, requiring Microsoft to disclose all e-mails and other information associated with the account of one of its customers, suspected of drug trafficking. Since part of the data was stored in Dublin, Ireland, Microsoft moved to quash the warrant with respect to those data.
The point of discordance between Microsoft and the DoJ was not whether the SCA foresaw any extraterritorial application. Rather, they had opposite views in their understanding of what extraterritorial application meant. For the DoJ, the key question was whether the conduct relevant to the statute – i.c. the SCA – was purely domestic. The focus of the SCA was, according to the DoJ, the disclosure of electronic records to the government in the United States. Since Microsoft was a U.S. provider and had full control over communications occurred within the United States, the matter was purely domestic, irrespective of the location of those data. The DoJ saw therefore no extraterritorial application of the SCA. On the other side, Microsoft considered that a warrant requiring the disclosure of data located abroad was an extraterritorial application of the SCA.
The federal district court denied the motion to quash of Microsoft and held it in civil contempt for refusing to comply fully with the warrant, what the Court of Appeals for the Second Circuit (Connecticut, New York, Vermont) then reversed.
After a petition for certiorari filed by the DoJ, the Supreme Court of the United States granted a writ of certiorari in this matter and added the case to its docket for the October term 2017. The issue at stake was whether a 18 USC § 2703 warrant covered also data stored outside the United States, forcing thereby Microsoft to deliver its data stored in Ireland.
This question remained however unanswered, because the U.S. Congress passed the CLOUD Act prior to the ruling of the Court.
The CLOUD Act contains two components. On one side, it amended the SCA, allowing government authorities thereby to avoid international mutual legal assistance rules and tools. Now, government authorities can require every data of any U.S. company, irrespective of their location. On the other side, the CLOUD Act also establishes a framework for bilateral agreements (executive agreements) on cross-border data requests.
The SCA in general allows the U.S. government access to electronic communication (e-mails, messages, etc.) as well as to metadata associated with those electronic communications (dates, time, transmitter, addressee etc.). The CLOUD Act extended or, more precisely, clarified in 18 USC § 2713 that this applies also to data stored outside the United States.
However, the key question that has not yet been answered is which providers are ultimately subject to the Cloud Act and can therefore be forced to disclose personal data. For providers based in the USA, this appears to be undisputed. In any case, some “minimum contacts” with the USA are necessary. With regard to the US case law, it cannot be ruled out that European providers with a mere branch in the USA or providers who advertise their services in the USA may also be forced to disclose data. However, the CLOUD Act states that only data which are „within the provider’s possession, custody, or control“ have to be disclosed (cf. 18 USC § 2713). While this could be understood as meaning that the disclosure only has to take place if the provider has either the right or the practical possibility to access the data in question, the wording is also open to more extensive interpretation.
In any case, it is clear that the fact where the data is located is irrelevant for the application of the CLOUD Act. If a provider is subject to the CLOUD Act, the US law enforcement authorities can in any case demand that the data be released on the basis of a warrant, a subpoena or a court order. A challenge to this order to disclose data on the grounds that it violates the legal provisions of another country is explicitly excluded. This would only be possible if an executive agreement existed with this state, as described hereafter. So far, however, no such agreement has been concluded.
The CLOUD Act also creates a framework for bilateral agreements which allows qualifying foreign governments access to data stored in the United States (18 USC § 2523). The government can enter into such agreement without approbation of Congress.
The aim of this new regime is to avoid mutual legal assistance treaties (“MLATs”) for the obtention of evidence stored in another country. Prior to the CLOUD Act and the conclusion of an executive agreement, the foreign country had to ask the DoJ to obtain a U.S. court order. This new framework should now accelerate the access to data stored overseas.
According to 18 USC § 2523(b), for the foreign country to be eligible for such executive agreement, the Attorney General, with the concurrence of the Secretary of State must determine that the domestic law of the foreign government affords robust substantive and procedural protections for privacy and civil liberties in light of the data collection and activities of the foreign government that will be subject to the agreement. This includes inter alia that the foreign government has adequate substantive and procedural laws on cybercrimes and electronic evidence, demonstrates respect for the rule of law and principles of non-discrimination and adheres to applicable international human rights obligations.
As stated above, the absence of an executive agreement hinders providers to challenge any order to disclose data based on the premise that the required disclosure could create a material risk of violating the laws of a foreign country. Such violations can result both from an infringement of the provisions of the GDPR and the provisions of the Swiss Data Protection Act. This is because both statutes impose strict requirements for the transfer of personal data to countries without an adequate level of data protection (cf. Art. 6 DPA and Art. 44-50 GDPR) and these requirements may be violated when the data is transferred to US authorities. In addition, the provider can also make himself liable to prosecution through the data disclosure because he has carried out unlawful activities on behalf of a foreign state (cf. Art. 271 Swiss Criminal Code).
Against this background, a provider potentially subject to the CLOUD Act may be faced with the unpleasant decision of whether to violate the US order to disclose data order or the Swiss or EU regulations. As long as the countries involved have not concluded any agreements, this conflict will persist.
Finally, it should be noted that companies that store their data in the cloud of a provider subject to the CLOUD Act also face significant risks. These risks are not limited to unwanted access to the company’s data by the US authorities. Rather, the choice of such a provider can already be seen as an infringement of data protection regulations. This circumstance should be taken into account when making a decision.


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[242 U.S. 238, 240] Messrs. Elihu Root, John C. Donnelly, William L. Carpenter, Fred A. Baker, and Henry L. Lyster for plaintiff in error.
Messrs. P. J. M. Hally and Harry J. Dingeman for defendants in error.
These two cases involve identical questions, were argued together, and may be disposed of in a single opinion. They concern the rates of fare that may be charged by plaintiff in error upon certain street railway lines within the present limits of the city of Detroit, and in both cases it is insisted that the state court of last resort has given such an effect to statutes enacted in the years 1905 and 1907 for extending the corporate limits as to impair the obligation of the contracts contained in franchises theretofore granted by the governing authorities of the annexed territory to the predecessors in title of plaintiff in error.
In November, 1862, the city, by ordinance, granted to the incorporators of the Detroit City Railway the right [242 U.S. 238, 243] to construct railways in certain streets, including Jefferson avenue, which extends from the center of the city in a northeasterly direction to and beyond the city limits. All the lines authorized were to commence at Campus Martius, and run thence on their several courses to the city limits, and the route along Jefferson avenue to the eastern limits was to be completed within six months after March 31, 1863. In 1873 a section was added authorizing the construction of a second track along Jefferson avenue. In 1862 the city limits on Jefferson avenue were at Mt. Elliott avenue. In 1885 they were extended to a point 200 feet east of Baldwin avenue, and while they remained as thus fixed, and in the year 1889, a supplemental ordinance was passed granting to the Detroit City Railway, among other things, the right to extend its double track along Jefferson avenue from its then present easterly terminus to the easterly city limits, and fixing a time within which the same should be constructed. There was a provision that the additional lines should be operated in connection with and as parts of the then present system of the Detroit City Railway, and that the company should agree, among other things, to make arrangements for carrying passengers between the hours of 5:30 and 7:00 A. M., and between 5:15 and 6:15 P. M., over any of its lines in the city for a single fare upon tickets sold at the rate of eight for 25 cents, with specified transfer rights.
In 1891 the city limits were further extended along Jefferson avenue to Hurlburt avenue, which was the easterly line of the township of Hamtramck. The railroad on Jefferson avenue in the territory covered by this extension was constructed under franchises granted by the authorities of that township, respecting which no question is now raised.
From Hurlburt avenue eastwardly to the Country Club in the township of Grosse Point-a distance of about 4 1/2 miles-the railroad on Jefferson avenue was constructed under several grants made by the town- [242 U.S. 238, 244] ship and village of Grosse Point and the village of Fairview, in the years 1891, 1893, and 1895, and further powers were conferred upon plaintiff in error, after its acquisition of these lines, by ordinance of the village of Fairview, passed May 16, 1905. These several village and township grants were for terms that have not yet expired, and contain provisions for 5-cent fares within the territory covered by them.
By ordinance of May 1, 1868, the city granted to the incorporators of the Grnad River Street Railway Company the right to construct lines on certain streets, including Grand River avenue to its intersection with the Michigan Central Railway at or near the then present city limits, with the right to build a second track within five years after the completion of the first. By 8 this line was to be completed to a spectified point contemporaneously with the paving of the street, and thence to the western city limits whenever public necessity, as determined by the common council, should require. By Acts of 1875 and 1885 the limits were extended from the railroad intersection to a point just beyond the Boulevard. By ordinance of August 3, 1888, there was granted the right to construct single tracks on Grand River avenue from its then present terminus to the westerly city limits, and by ordinance of January 3, 1889, the city granted the right, among others, to construct a double track railway on Grand River avenue from Woodward avenue to the city limits, and under this authority tracks were built to the limits just beyond the Boulevard. The latter ordinance required the company to stipulate that it would sell tickets, eight for 25 cents, good over the entire [242 U.S. 238, 245] route of the company, when offered during the morning and afternoon hours specified in the ordinance passed on the same date respecting the Detroit City lines and already referred to.
In 1897 the township of Greenfield granted to the incorporators of the Grand River Electric Railway (a different corporation from that last mentioned) a franchise for tracks along the Grand River road from the westerly line of the township to the then present city limits of Detroit, with a right to charge not exceeding 5 cents as the fare for any distance in Greenfield, or six tickets for 25 cents, with school tickets at ten for 30 cents. Under this franchise a railroad was built along the Grand River road from the then city limits near the Boulevard throughout the township of Greenfield.
Afterwards, by an act of the legislature approved October 24, 1907 ( Mich. Laws, Ex. Sess. 1907, p. 55), a part of the former village of Fairview, including Jefferson avenue for a distance of about 12,500 feet northeastwardly from Hurlburt avenue, was annexed to the city of Detroit. And by Acts of June 16, 1905, and June 19, 1907 (Mich. Local Acts 1905, p. 1144; Local Acts 1907, p. 940), the city limits were extended northwestwardly along Grand River avenue for a distance of about one-half mile in territory previously part of Greenfield township. Each of these acts provided that the annexed territory should be subject to all the laws of the state applicable to the city, and to all the ordinances and regulations of the city, with exceptions not now material.
It is the contention of defendants in error that the provisions respecting fares in the two ordinances of January 3, 1889, assented to by the predecessors of plaintiff in error [242 U.S. 238, 246] in the ownership of the city lines on Jefferson and Grand River avenues, were intended to be applicable throughout the city as it might from time to time be enlarged, and that plaintiff in error is bound by the limitations of those ordinances as to all its lines within the city, not only as its limits existed in 1889, but also including the territory annexed in 1905 and 1907.
In case No. 1, the supreme court of the state sustained the imposition of a fine for failure to accept workingmen's tickets, so called, within the hours prescribed by the ordinance of 1889 upon the Jefferson avenue line within the territory formerly part of the village of Fairview, but annexed to the city by the Act of October 24, 1907. 162 Mich. 460, 139 Am. St. Rep. 582, 125 N. W. 700, 127 N. W. 748.
In No. 4, the court sustained a judgment awarding a mandamus requiring plaintiff in error to observe the provisions of the ordinances of 1889 upon the entire Jefferson avenue,-Grand River avenue route, so far as included within the city limits as extended in 1907. 173 Mich. 314, 139 N. W. 56.
In each case plaintiff in error seasonably and expressly insisted that the several township and village grants above referred to were subsisting and valid contracts at and before the legislature of Michigan passed the acts extending the city limits, and that those acts, if so construed or applied as to affect or modify the contracts, were in conflict with 10 of article 1 of the Constitution of the United States. And it is upon the overruling of these contentions that the cases are brought here, under 237, Judicial Code [36 Stat. at L. 1156, chap. 231, Comp. Stat. 1913, 1214].
Defendants in error challenge our jurisdiction, upon the ground that the judgments of the state court of last resort were based solely upon the meaning that it attributed to the ordinances of January 3, 1889, without reference to any subsequent legislation.
It is true, as this court has many times decided, that the 'contract clause' of the Constitution is not addressed to [242 U.S. 238, 247] such impairment of contract obligations, if any, as may arise by mere judicial decisions in the state courts without action by the legislative authority of the state. Cross Lake Shooting & Fishing Club v. Louisiana, 224 U.S. 632, 639 , 56 S. L. ed. 924, 928, 32 Sup. Ct. Rep. 577; Rank v. Mangum, 237 U.S. 309, 344 , 59 S. L. ed. 969, 987, 35 Sup. Ct. Rep. 582.
But in this case there were state laws passed subsequent to the making of the alleged contracts in question, in the form of the legislation of 1905 and 1907 extending the corporate limits of the city. And it is not correct to say that the decisions of the state court turned upon the mere meaning of the contracts without reference to these subsequent laws. Assuming what in effect is conceded, that the village and township franchises constituted contracts within the protection of the Federal Constitution, the force of the decisions was to abrogate the rights acquired by plaintiff in error through its acquisition of the suburban lines, not merely because of the assent of the owners of the city lines to the ordinances of January 3, 1889, but because of the combined effect of those ordinances and the acts of the legislature of Michigan that thereafter extended the city limits. It is true that no question is or can be here made respecting the authority of the legislature to add new territory to the city; and it is likewise true that the annexation acts contain no reference to existing contracts, nor any specific mention of the subject matter of street railway rights. But, in cases of this character, the jurisdiction of this court does not depend upon the form in which the legislative action is expressed, but rather upon its practical effect and operation as construed and applied by the state court of last resort, and this irrespective of the process of reasoning by which the decision is reached, or the precise extent to which reliance is placed upon the subsequent legislation. McCullough v. Virginia, 172 U.S. 102, 116 , 117 S., 43 L. ed. 382, 387, 388, 19 Sup. Ct. Rep. 134; Houston & T. C. R. Co. v. Texas, 177 U.S. 66, 77 , 44 S. L. ed. 673, 680, 20 Sup. Ct. Rep. 545; Terre Haute & I. R. Co. v. Indiana, 194 U.S. 579, 589 , 48 S. L. ed. 1124, 1129, 24 Sup. Ct. Rep. 767; Louisiana ex rel. Hubert v. New Orleans, 215 [242 U.S. 238, 248] U. S. 170, 175, 54 L. ed. 144, 147, 30 Sup. Ct. Rep. 40; Fisher v. New Orleans, 218 U.S. 438, 440 , 54 S. L. ed. 1099, 1100, 31 Sup. Ct. Rep. 57; Carondelet Canal & Nav. Co. v. Louisiana, 233 U.S. 362, 376 , 58 S. L. ed. 1001, 1006, 34 Sup. Ct. Rep. 627; Louisiana R. & Nav. Co. v. Behrman, 235 U.S. 164, 170 , 59 S. L. ed. 175, 180, 35 Sup. Ct. Rep. 62. The necessary operation of the decisions under review is to give an effect to the annexation acts that substantially impairs the alleged contract rights of plaintiff in error as they theretofore stood; and it makes no difference that that result was reached in part by invoking the provisions of another agreement supposed to be binding upon plaintiff in error. Whether the agreement thus invoked, when properly construed, has the effect attributed to it, is a question that touches upon the merits, and not upon the jurisdiction of this court.
Coming, then, to the merits: Not only is it not disputed, but it is not open to serious dispute, that the original village and township grants were contractual in their nature. It appears that the recipients of those grants, like their successor, the plaintiff in error, became incorporated under the Street Railway Act of 1867, of which 13 provides that consent for the construction and maintenance of a street railway is to be given by the corporate authorities in an ordinance to be enacted for the purpose, and under such rules, regulations, and conditions as may be prescribed by such ordinance, but that no such railway shall be constructed until the company shall have accepted in writing the terms and conditions upon which they are permitted to use the streets. By 14, after any city, village, or township shall thus have consented to the construction and maintenance of street railways, or granted rights and privileges to the company, and such consent and grant shall have been accepted by the company, the consent shall not be revoked or the company deprived of the rights and privileges conferred. And by 20 the rates of toll or fare to be charged by the company are to be established by agreement between it and the corporate authorities, and are not to be increased without consent of [242 U.S. 238, 249] such authorities. It is plain, as was pointed out by this court in Detroit v. Detroit Citizens' Street R. Co. 184 U.S. 368, 385 , 46 S. L. ed. 592, 607, 22 Sup. Ct. Rep. 410, that the legislature regarded the fixing of the rate of fare as a subject for agreement between the municipality and the company. And in these cases, as in that, the terms of the several ordinances are such as clearly to import a purpose to contract under the legislative authority thus conferred.
But it is insisted-and to this effect was the decision of the state court-that the terms of these contracts were in effect modified by the assent of the owners of the city lines on Jefferson and Grand River avenues to the ordinances of January 3, 1889, and the subsequent acquisition of these lines by plaintiff in error, followed by its acquisition of the suburban lines. It is, indeed, argued that the construction placed by the state court upon the ordinances of 1889 as contracts is not subject to the review of this court, and a declaration to this effect is cited from Henderson Bridge Co. v. Henderson City, 141 U.S. 679, 689 , 35 S. L. ed. 900, 904, 12 Sup. Ct. Rep. 114, quoted in a subsequent case of the same title in 173 U.S. 592, 602 , 43 S. L. ed. 823, 826, 19 Sup. Ct. Rep. 553. But, notwithstanding what was there said, it is too well settled to be open to further debate, that where this court is called upon in the exercise of its jurisdiction to decide whether state legislation impairs the obligation of a contract, we are required to determine upon our independent judgment these questions: (1) Was there a contract? (2) If so, what obligation arose from it? and (3) Has that obligation been impaired by subsequent legislation? Houston & T. C. R. Co. v. Texas, 177 U.S. 66, 77 , 44 S. L. ed. 673, 680, 20 Sup. Ct. Rep. 545; St. Paul Gaslight Co. v. St. Paul, 181 U.S. 142, 147 , 45 S. L. ed. 788, 791, 21 Sup. Ct. Rep. 575; Terre Haute & I. R. Co. v. Indiana, 194 U.S. 579, 589 , 48 S. L. ed. 1124, 1129, 24 Sup. Ct. Rep. 767.
But of course in the present cases the crucial question is, What were the obligations of the contracts as they stood at the time of the subsequent legislation? And therefore it becomes material to determine whether, by voluntary action of the parties between the making of the suburban [242 U.S. 238, 250] GRANTS AND THE PASSAGE OF THE ANNEXATION acts, the obligations arising out of those grants had been modified. The state court deemed that the assent of the Detroit City Railway to that provision of the first-mentioned ordinance of January 3, 1889, which required it to carry passengers at reduced rates 'over any of its lines in said city' applied to any and all lines it either then owned or might thereafter acquire, and comprehended all territory within the limits of the city, including any extension of the municipal boundaries or of the company's lines within those boundaries; and that by the acquisition of the lines of the Detroit City Railway plaintiff in error became bound by this agreement, and was obliged to observe it, even with respect to the lines that it afterwards acquired as assignee of the Grosse Point and Fairview franchises, so far as those lines were included in the extended city limits. It was said (162 Mich. 462, 139 Am. St. Rep. 582, 125 N. W. 700, 127 N. W. 748) that there were two methods of extending street railways: one by construction, the other by purchase under 6448 (2 Comp. Laws 1897), being 15 of the Act of 1867; that 'the purchased railway becomes as much a part of the system as does the railroad as constructed;' and that the ordinance of 1889 was made in view of the power of the legislature to increase or diminish the territory within the city, and the real intent was to provide for single fares within the city limits as they should from time to time be fixed. In 173 Mich. 314, 139 N. W. 56, similar reasoning was applied to the ordinance of 1889 respecting the Grand River Avenue line and the obligation imposed upon the owner of that line to apply the single fare and the reduced rates 'over the entire route of said company.' The court considered (173 Mich. 325, 326) that certain of the language used in the original ordinance of 1862 to the Detroit City Railway and in that of 1868 to the Grand River Street Railway Company showed that the probable growth of the city and development of its public utilities were anticipated, and [242 U.S. 238, 251] indicated a purpose that the grants should apply as far as the city might be extended.
Notwithstanding our disposition to lean towards concurrence with the view of the state court of last resort in a matter of this nature, we are unable to accept its construction of the ordinances of 1889. In the first place, we are unable to view the original ordinances as intended to extend the rights of the respective grantees beyond the then existing city limits and as far as the limits should be extended in the future. Their language does not seem to us to admit of this interpretation, and the practical construction placed upon them by the parties was to the contrary. As the city limits on Jefferson avenue and on Grand River avenue were extended, the respective companies obtained, and presumably were required to obtain, new grants authorizing an extension of the railways from their then present termini to the new city limits. Both of the ordinances of 1889 contained express grants to this effect with respect to Jefferson avenue and Grand River avenue respectively. Each of the original city grants, and each of the ordinances of 1889, contained particular and comparatively brief limitations of time within which the authorized lines of railway were to be constructed and placed in operation. For these reasons, and because in other respects the grants are quite specific in their terms, and because the city at that time had no authority to extend its corporate limits nor to make a grant of street railway rights beyond them, we are compelled to conclude that the ordinances of 1889 had no such extensive meaning as that attributed to them by the state court.
Defendants in error invoke the established rule that the terms of a municipal grant or franchise should be construed strictly as against the grantee, and as favorably to the grantor as its terms permit. The state court deemed the rule to be applicable. 162 Mich. 465; 173 Mich. 323. It is at least doubtful, however, whether the [242 U.S. 238, 252] rule, properly applied to the facts of these cases, does not bear altogether in favor of plaintiff in error. For of course it is not possible to adopt an extensive construction of the obligations imposed upon the city companies by the ordinances without adopting a like construction as to the extent of the franchises thereby conferred upon the companies. And can it be supposed that if either of these companies had claimed the right to lay down tracks and operate railways in the annexed territory by virtue of the ordinances of 1889, they would not have been met with the rule that municipal grants are to be construed strictly against the grantee, and cannot be extended beyond their express terms? In any view, the ordinances, just because they were intended to be contracts, and not merely legislative enactments, ought to be regarded as having reference to a specific subject matter.
But were we in error about the construction of these ordinances, we still think that the acquisition of the city lines by plaintiff in error, and its subsequent acquisition of the suburban lines, did not bind it to put the reduced fare provisions in effect upon the suburban lines if and when the city limits should thereafter be extended to include any parts of the latter. If the city lines had been extended into the annexed territory by either of the city railway companies under any authority conferred by or assumed under the ordinances of 1889, a very different question would be presented. But such is not the case. And although we may follow the state court to the extent of considering the acquisition of the suburban lines under 6448, Comp. Laws, as being in effect an extension of the city railways, we cannot, without doing violence to the provisions of that section, regard such acquisition as abrogating any part of the franchise rights that pertained to the suburban lines; for the section itself declares that upon such purchase being made, the purchasing company 'may use and enjoy the rights, privileges, and franchises [242 U.S. 238, 253] of such company, the same and upon the same terms as the company whose road and franchises were so acquired might have done.' The rate of fare being among the most material and important of the terms and conditions referred to (Detroit v. Detroit Citizens' Street R. Co. 184 U.S. 368, 384 , 46 S. L. ed. 592, 606, 22 Sup. Ct. Rep. 410; Minneapolis v. Minneapolis Street R. Co. 215 U.S. 417, 434 , 54 S. L. ed. 259, 270, 30 Sup. Ct. Rep. 118 ), we find it impossible to regard the purchase of the suburban lines, with their rights, privileges, and franchises, as being in effect an extension of the city lines, but at the same time an abrogation of an essential part of the rights and privileges appurtenant to the acquired lines.
The state court cited and relied upon Indiana R. Co. v. Hoffman, 161 Ind. 593, 69 N. E. 399, 15 Am. Neg. Rep. 527, and Peterson v. Takoma R. & P. Co. 60 Wash. 406, 140 Am. St. Rep. 936, 111 Pac. 338. In their particular facts and circumstances those cases differ somewhat from the cases now before us; and, without stopping here to analyze them, we deem it sufficient to say that we are unable to accept their reasoning so far as it is inconsistent with the views we have expressed.
It results that the provisions of the township and village ordinances respecting the rates of fare remained in full force and effect after the acquisition of the suburban lines by plaintiff in error, notwithstanding its previous acquisition of the city lines or the previous assent of the city railway companies to the ordinances of 1889. Because of the provision of 10 of art. 1 of the Constitution of the United States, it was not within the power of the state of Michigan by any subsequent legislation to impair the obligations of those contracts, and since the judgments of the supreme court of that state gave such an effect to the annexation acts of 1905 and 1907, in conjunction with the ordinances of 1889, as to impair those obligations, the judgments must be reversed.
We have made no particular mention of an agreement entered into between the city and plaintiff in error in the [242 U.S. 238, 254] year 1909, because we agree with the state court (173 Mich. 321, 139 N. W. 56) that it was not more than a temporary provision for a modus operandi, and had not the effect of waiving any of the rights of either party.
Judgments reversed, and the causes remanded for further proceedings not inconsistent with this opinion.
I greatly regret that I cannot concur in the decision just announced. The opinion of the majority of the court plainly regards the act of the legislature of the state of Michigan, extending the corporate limits of the city of Detroit, as a valid law, passed in the exercise of an undoubted power in the legislature to deal as it does with the municipal corporations of that state, and its validity for the purposes for which it was intended is not questioned. It will remain a valid law after this decision as it was before. In substance the decision of this court is that the supreme court of Michigan, in deciding that there is an implied condition in the contract between the city of Detroit and the railway company that the rates of fare therein provided for shall apply within the city limits when extended, and in requiring the railway company to accept the same fares throughout the new city limits as were accepted throughout the former limits, gives an effect to the extension act which impairs the railway company's contract with the city. I am of the opinion that for the state supreme court thus to interpret the terms of the contract of the railway company with the city is not to give an effect to the valid extension act of the legislature which violates the provision of the Constitution prohibiting a state from passing 'any law impairing the obligation of contracts.' The passing of the valid extension act merely created a situation under which the implied condition, existing in the fare contract from* [242 U.S. 238, 255] beginning, finds an application to the new territory. This is giving effect not to the terms of the act of the legislature, but to the terms of the contract with the city, and the most that can be said against the decision of the supreme court of Michigan is that it gives an erroneous construction to the contract. But since it is settled by many decisions of this court that the contract clause of the Federal Constitution does not protect contracts against impairment by the decisions of courts except where such decisions give effect to constitutions adopted or laws passed subsequent to the date of such contracts (Cross Lake Shooting & Fishing Club v. Louisiana, 224 U.S. 632 , 56 L. ed. 924, 32 Sup. Ct. Rep. 577), I am of opinion that there is no Federal question before this court in this case and that the writ of error should be dismissed. This is a high and delicate power which the court is exercising in this case, and it should be resorted to only in cases which are clear; and, for the reasons thus briefly stated, I am convinced that this is not such a case.
I am authorized to state that Mr. Justice Brandeis concurs in this dissent.

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Harmon, Claude "Butch", Jr. Butch Harmon's Playing Lessons. Photo available. New York. Simon and Schuster. 1998. Octavo. Hardcover. First edition. Illustrated in black, white and color. Fine copy in fine dust jacket (in mylar).
Harmon, David & Amy Rubin. Llamas on the Trail. A Packer's Guide. Photo available. Missoula. Mountain Press Pub. 1992. 170 pps. 4to. Soft cover. First edition. Illustrated. Important reference work. Fine copy.
Harms, Norman & Ron Volstadt. German Infantry in Action. Photo available. Carrolton. Squadron/Signal Publications. 1973. Octavo. Soft cover. First edition. Illustrated in black, white and color by Don Greer. Fine copy.
Harmson, W.D. (ed). Patterns and Sources of Navajo Weaving. Photo available. Denver. Harmsen Pub. 1985. 4to. Soft cover. Reprint. Illustrated in black, white and color. Important reference work. Fine copy.
Harned, Richard. The Palace Hotel. Images of America. Photo available. Charleston. Arcadia. 2009. Octavo. Soft cover. First edition. Illustrated. Fine copy.
Harner, Charles E. Florida's Promoters. The Men Who Made It Big. Photo available. Tampa. Trend House. 1973. 73 pps. 4to. Hardcover. First edition. Illustrated. Important reference work. Fine copy.
Harnne, Howard (ed). The Judy Garland Souvenir Songbook. Photo available. New York. Chappell & Co. 1975. 298 pps. 4to. Soft cover. First edition. Illustrated. Important reference work. Near fine copy (very light shelf wear).
Harpending, Asbury. The Great Diamond Hoax and Other Stirring Incidents in the Life of Asbury Harpending. Photo available. Norman. University of Oklahoma Press. 1958. 283 pps. Octavo. Hard cover. First edition thus. Illustrated. Fine copy.
Harper, Sally (ed). The Complete Watercolor Artist. Materials, Techniques, Color Theory, Composition, Style, Subject. Photo available. Edison. Chartwell. 1997. 4to. Hard cover. Reprint. Illustrated in black, white and color. Fine copy in fine dust jacket (in mylar).
Harpur, James. The Atlas of Legendary Places. Photo available. New York. Konecky & Konecky. 1989. 4to. Hard cover. First edition. Illustrated in black, white and color. Fine copy in fine dust jacket (in mylar).
Harran, Marilyn et al. The Holocaust Chronicle. A History in Words and Pictures. Photo available. Lincolnwood. Legacy. 2009. 4to. Hardcover. First edition. Illustrated in black, white and color. Fine copy in fine dust jacket (in mylar).
Harrer, Heinrich. Seven Years in Tibet. Photo available. New York. G.P. Putnam's Sons. 1996. 314 pps. Octavo. Soft cover. Reprint. Illustrated. Fine copy.
Harrer, Heinrich. Seven Years in Tibet. Photo available. New York. Putnam. 1996. 314 pps. Octavo. Soft cover. Reprint. Illustrated. Fine copy.
Harrer, Heinrich. Seven Years in Tibet. Photo available. New York. Jeremy Tarcher 1996. 314 pps. Octavo. Soft cover. Reprint. Illustrated. Fine copy.
Harrer, Heinrich. Seven Years in Tibet. Photo available. New York. G.P. Putnam's Sons. 1953. 314 pps. Octavo. Hardcover. Stated first edition. Book club dust jacket. Illustrated. Important reference work. Fine copy in fine dust jacket (in mylar).
Harrington, John P. Picuris Children's Stories. Photo available. Washington. Government Printing Office. 1928. 4to. Soft cover. First edition. Illustrated. Important reference work. Near fine copy (very light shelf wear). Mostly unopened pages.
Harrington, Joseph. Yankee Samurai. The Secret Role of Nisei in America's Pacific Victory. Photo available. Detroit. Pettigrew. 1979. Octavo. Hard cover. Reprint. Illustrated. Fine copy in fine dust jacket (in mylar).
Harrington, Paula. Looking Ahead. Guide Dogs for the Blind. Photo available. San Rafael. Guide Dogs for the Blind. 1990. 78 pps. 4to. Hardcover. Stated first edition. Illustrated in black, white and color. Important reference work. Fine copy in fine dust jacket (in mylar).
Harris, Benjamin Butler. The Gila Trail. The Texas Argonauts and the California Gold Rush. Photo available. Norman. University of Oklahoma Press. 1960. 162 pps. Octavo. Hardcover. First edition. Illustrated. Fine copy (owner inscription on end paper) in near fine (light shelf wear) dust jacket (in mylar).
Harris, Bev. Black Box Voting. Ballot Tampering in the 21st Century. Photo available. Renton. Talion Press. 2004. Octavo. Soft cover. First edition. Illustrated. Important reference work. Fine copy.
Harris, Bill. The World Trade Center. A Tribute. Photo available. Philadelphia. Courage. 2001. 4to. Hard cover. First edition. Illustrated in black, white and color. Fine copy in fine dust jacket (in mylar).
Harris, Bruce W. Gold Miner's Handbook. Photo available. Northridge. Keene Engineering Co. 1986. 259 pps. 4to. Soft cover. First edition. Illustrated. Important reference work. Near fine copy (very light shelf wear).
Harris, David. Calligraphy. Modern Masters - Art, Inspiration, and Technique. Photo available. New York. Crescent. 1991. 4to. Hard cover. First edition. Illustrated in black, white and color. Fine copy in fine dust jacket (in mylar).
Harris, David. The Geologic Story of the National Parks and Monuments. Photo available. New York. John Wiley & Sons. 1985. Octavo. Soft cover. Reprint. Illustrated in black, white and color. Near fine copy (very light shelf wear).
Harris, Frank. My Life and Loves. Photo available. New York. Grove Press. 1963. 983 pps. Octavo. Hard cover. First edition, fourth printing. Near fine copy (top edge lightly discolored).
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I’m at the winter Applicants Attorney Conference in San Diego.
First up is a discussion of the Hertz (Aguilar) case.
-CAAA is requesting that Aguilar be depublished.
-The court’s treatment of writ denied cases as legal precedent is troubling. Aguilar marks a big departure from LeBoeuf, which looked at the impact of THIS injury on THIS worker.
-If it stands, Aguilar will open the gate for consideration of all kinds of factors: how tall is the applicant? does he have a diploma? Every worker has a different situation with respect to some limitations.
Now they’ve moved on to talk about the Sandhagen case, decided by the California Supreme Court.
-the applicant can still go to court on the treater’s report if the pre-UR medical report is strong enough; but it’s a strategy concern if you have to go back to get a supplemental treater report clarifying the treating request and in that event will you run into problems at the board?
-the applicant in Rubio denied the existence of an earlier award; the defendant could not locate a copy of the alleged award. The court noted that if a prior award exists, under Kopping vs. WCAB, the defendant has the burden of establishing overlap. Also, the defendant had the burden of proof to establish a prior award and the percentage attributable to the earlier award.
-note that there is an old pre AMA system and then under the AMA for a back injury there is ROM and DRE used to rate impairment.
The discussion moves to Barr v. WCAM and SIBTF v. WCAM (Dorigo).
-these cases involve the issue of costs of presentation of vocational expert testimony on diminished future earning capacity. In Dorigo the court granted the applicant’s petition, finding that the board improperly failed to exercise its discretion to award costs for the fees of the vocational expert.
-not being able to get the costs paid up front puts the woker and attorney at a disadvantage; but the other side of the coin is that the case is not developed at that point.
The discussion moves to Safaeipour v. Sierracin Corp. 36 CWCR 258.
-in this case the panel QME had found a compensable psych injury. Afterwards, defendant hired a lawyer, who sought to depose the treating doctor. Defendant sought removal where the judge had refused to allow the defense attorney to depose the treating doctor’s opinion (the treater’s notes were illegible). The WCAB granted removal, ordering further discovery.
-it’s not clear whether there were due diligence problems but those could dictate a different result if defendant did not pursue its discovery in a timely fashion.
Up for discussion next is L.A. County Professional Peace Officer Association v. County of Los Angeles (73 CCC 1235). The panel notes that in this case the worker sought to sue in Superior Court where the employer dealt with accrued vacation pay differently for individuals on industrial leave than for employees who had non-industrial disability. The case is significant because Labor Code 132 was held to be not the only remedy. The worker could pursue a separate civil remedy.
The panel then mentions Tapia v. Skill Master Staffing, 73 CCC 1339. The lien claimant has the burden of establishing the reasonableness of their charges. An unsupported billing in and of itself does not establish reasonableness, even if the insurer presented no rebuttal evidence.
Judge Mark Kahn notes that the lien claimant misapplied the Kunz case on liens (Kunz is 67 CCC 1588). $22,00 for 3 hours of surgery seemed unreasanable on its face and in Tapia the WCAB upheld an award of $4,700 to the surgery center.
Mark Kahn notes that the VR survival issue is coming up soon in cases in Los Angeles. Some have argued that VR survives via Godinez and the reference to “ghost statutes”. Since Kahn will be sitting as a judge on cases, he does not want to give his current thoughts on whether the statutes extinguished rehab rights that existed before 1/1/09.
Now they discuss Lane V. Zurich American, 36 CWCR 254. Under Lane, the applicant can seek treatment outside the MPN but it will be at his own expense if he was provided adequate notice of the existence of the MPN.
Also under discussion: Ramirez vs. Drive Financial Services & One Beacon Insurance Company, 73 CCC 1324.
Bill Herreras notes this is an important case setting forth the standard for setting penalty amounts under Labor Code 5814(b). The decision noted that the amount of a penalty is discretionary and sets forth a number of factors for the judge to consider in determining a penalty.
Heading toward the end of their program, they move to issues regarding rebuttal of the 2005 PDRS.
Note is made of Rosendin Electric v. WCAB (Bojorquez) 73 CCC 1123, where the board panel suggested a future roadmap on DFEC issues might be coming in future decisions.
Capurro notes that an unpublished panel decision in the Arledge case (not sure if I have spelled it correctly, but it was written by Commissioner Lowe) is significant. CAAA has a copy and will be circulating it. In that case, the app put on DFEC testimony that the 39% rating did not reflect the diminished future earning capacity.The trial judge, who rejected the DFEC rebuttal analsysis, had noted the expert relied on functional capacity information that was not reviewed or commented on by any doctor. The board panel apparently agreed. The Arledge decision may shed some light on how the WCAB will deal with DFEC issues.
That’s the report from San Diego this afternoon.

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