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An up-to-date survey of established and emerging artists engaging in contemporary sculpture and it's closest discipline, installation.
In this conceptual exhibition comprising of new work by Siobhan Barr, Timothy Holt, Christopher Pike, Amy Stephens and Emma E. S. Taylor, the viewer is deliberately drawn into debate, from the readymade to the specific object, their extension of blurring boundaries in the medium invites unanswered questions, much debated with each presenting artist.
Set in Sheffield's APG Gallery, these contemporaries challenge the viewer with the manipulation of objects within their surroundings, asking questions of familiarisation and humour with our relationship towards physical matter. The work on show engages a diverse approach for appropriating construction within an artistic location, coaxing the spectator to judge, tease as well as navigating their way around our current world and thereby heightening our dependent bond to materials.
Curated by Timothy Holt and Flo Yapp.
Siobhan Barr (b. 1983, lives and works in London and Winchester) received a BA in Fine Art from Winchester School of Art in 2006. Recent solo exhibition include Hello Friend, WW Gallery, London (2013). Recent group exhibitions include London Gallery Day, WW Gallery, London (2014); Salon Zerp, ZIC ZERP Galerie, Rotterdam (2013); Click+Spill, Artemis Project Space, York (2013) and Barbican Artworks Open, Artworks Project Space, London (2013).
Timothy Holt (b. 1988, lives and works in Guildford) received a BA in Fine Art from University for the Creative Arts in 2011. Curator and participating artist, recent solo exhibitions include Work to Wickes, HOUSE, London (2014) and Hello, Goodbye, Gallery 333, Exeter (2013). Recent group exhibitions include Lost Storage, Mori and Stein Gallery, London (2014); Chinese Open: Year of the Horse, Soho Q Park car park, London (2014) and Tomorrow, The Gallery in Redchurch Street, London (2013).
Christopher Pike (b. 1990, lives and works in Winchester) received a BA in Fine Art from University for the Creative Arts in 2011. Recent group exhibitions include Just a Show, Gallery2, Winchester (2014); Why Be Happy When You Could Be Normal?, Museum of Farnham, Farnham (2013) and Situated Encounters, Bargehouse, London (2011).
Amy Stephens (b. 1981, lives and works in London) received a BA in Fine Art from the University of Reading in 2005 and an MA in Fine Art from Chelsea College of Art and Design in 2008. Recent solo exhibitions include Patterns in the Chaos, William Benington Gallery, London (2014); A Light Less Ordinary, Aldeburgh Beach South Lookout, Aldeburgh (2013) and If walls could dance, Cross Gallery, Dublin (2013). Recent group exhibitions include Arcana, Kristin Hjellegjerde, London (2014) and Periodical Review 2, Pallas Projects, Dublin (2012).
Emma E. S. Taylor (b. 1988, lives and works in Edinburgh) received a BA in Fine Art from Goldsmiths, University of London in 2010. Recent solo exhibition include Counter-play, Superclub, Edinburgh (2012). Recent group exhibitions include f r o m t h e f i r s t d e e p b r e a t h, Edinburgh Sculpture Workshop, Edinburgh (2013); Elbow Room, Moncreiff Terrace, Edinburgh (2012); Octagon, Thompson's Tower, Edinburgh (2012) and Young British Artist: 2.0 Series, Frameless Gallery, London (2012).
Flo Yapp (b. 1993, lives and works in Bath and London) received a BA in Fine Art from University for the Creative Arts in 2014. Curator and artist, recent group exhibitions include beyond limit speed, A&D Gallery, London (2014); Help! Savages, Oxford House, London (2014); 48 hours, 44AD Gallery, Bath (2014); EighthWonder, 44AD Gallery, Bath (2013) and The Perfect System, The Arch Gallery, London (2013).

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Epstein, Edward Jay. Dossier. The Secret History of Armand Hammer. New York. Random House. 1996. Octavo. Hardcover. First edition. Illustrated. Fine copy in fine dust jacket (in mylar).
Eshel, David. Bravery in Battle. Stories from the Front Line. London. Arms and Armour. 1997. Octavo. Hard cover. First edition. Illustrated. Fine copy (owner blind stamp) in fine dust jacket (in mylar).
Eshel, David. Daring to Win. Special Forces at War. London. Arms and Armour Press. 1992. 214 pps. Octavo. Hardcover. First edition. Fine copy in fine dust jacket (in mylar).
Esposito, Brigadier General Vincent J. (ed). The West Point Atlas of American Wars. Volume I. 1689-1900. Photo available. New York. Henry Holt. 1995. 4to. Hardcover. First edition. Full number line. Illustrated. Important reference work. Fine copy in fine dust jacket (in mylar).
Esposito, Brigadier General Vincent J. (ed). The West Point Atlas of War. World War II: European Theater. Photo available. New York. Department of History, United States Military Academy. 1995. 159 pps. 4to. Soft cover. First edition. Illustrated. Important reference work. Fine copy.
Esposito, Brigadier General Vincent J. (ed). The West Point Atlas of War. World War II: European Theater. Photo available. New York. Black Dog & Leventhal. 1995. 4to. Soft cover. First edition thus. Illustrated. Important reference work. Fine copy.
Esposito, John L. The Islamic Threat. Myth or Reality? New York. Oxford University Press. 1992. 343 pps. Octavo. Hardcover. First edition. Very good (yellow highlighting throughout) copy in fine dust jacket (in mylar).
Essame, H. Patton. A Study in Command. New York. Charles Scribners & Sons. 1974. 280 pps. Octavo. Hardcover. Reprint. Illustrated. Fine copy in near fine dust jacket (in mylar).
Essame, H. The Battle for Germany. Photo available. New York. Bonanza. 1978. Octavo. Hard cover. Reprint. Illustrated. Fine (owner name on end paper) copy in fine dust jacket (in mylar).
Ethell, Jeffrey L. Air Command. Fighters and Bombers of World War II. Photo available. Osceola. Motorbooks. 1997. 176 pps. 4to. Hardcover. First edition thus. Illustrated in black, white and color. Important reference work. Fine copy in fine dust jacket (in mylar).
Everett, Susanne. World War I. An Illustrated History. Photo available. New York. Exeter. 1984. 4to. Hardcover. First edition. Illustrated in black, white and color. Fine copy in fine dust jacket (in mylar).
Everett-Heath, John. British Military Helicopters. Photo available. London. Arms and Armour Press. 1986. Octavo. Hard cover. First edition. Illustrated. Fine copy in fine dust jacket (in mylar).
Ewing, Steve. American Cruisers of World War II. A Pictorial Encyclopedia. Photo available. Missoula. Pictorial Histories. 1993. 140 pps. 4to. Soft cover. Reprint. Illustrated. Important reference work. Fine copy.
Ewing, Steve. Memories & Memorials. The World War II U.S. Navy: 40 Years After Victory. Photo available. Missoula. Pictorial Histories. 1988. 218 pps. 4to. Soft cover. Second edition. Illustrated in black, white and color. Important reference work. Fine copy.
Exum, Wallace Louis. Battle-Ship! Pearl Harbor, 1941. Ocean Shore. Self published. 1989. 137 pps. Octavo. Soft cover. Reprint. Illustrated. Fine copy.
Fagan, George V. The Air Force Academy. Signed by the author. An Illustrated History. Photo available. Boulder. Johnson Books. 1988. 4to. Hardcover. First edition. Illustrated. Important reference work. Signed by the author. Fine (owner name) copy in near fine (very light shelf wear) dust jacket (in mylar).
Fairbairn, James. Heraldic Crests. A Pictorial Archive of 4,424 Designs for Artists and Craftspeople. Photo available. New York. Dover. 1993. 4to. Soft cover. Illustrated. Fine copy.
Fairbairn, James. Heraldic Crests. A Pictorial Archive of 4,424 Designs for Artists and Craftspeople. Photo available. New York. Dover. 1993. 4to. Soft cover. First edition. Illustrated. Important reference work. Near fine copy (very light shelf wear).

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The eventual re-consideration of the idea of a court in 1994 was a reaction to a growing sense of the inadequacy of the protection offered by the present system. The Assembly of Heads of State and Government requested the Secretary General of the Organisation of African Unity (OAU) to call upon government experts to:  ponder in conjunction with the African Commission on Human and Peoples' Rights over the means to enhance the efficiency of the Commission in considering particularly the establishment of an African Court on Human and Peoples' Rights.
This request eventually culminated in the conclusion of the Protocol establishing the African Court on Human and Peoples' Rights in 1998.  It was, however, a presumptive question. Why should it have been assumed that the establishment of a court was a likely solution to the problem of the inefficiencies of the Commission? By asking government experts to focus on the question of the establishment of a court, their attention might have been drawn away from the Commission itself and how its performance may have been improved. A court may or may not have been the answer or the complete answer. The presumptive nature of the question is perhaps reflected in the fact that a draft document on a court was produced only just over a year later.
There are a number of arguments that can be and have been raised against the establishment of the proposed court or a court at all. In the following sections, the merits of these arguments will be examined with a view to reflecting seriously on this significant and inevitable step in the development of an African human rights system.
The first assumption implicit in the 1994 request of the Assembly of Heads of State and Government of the OAU is that the concept of a court of human rights is in principle a good idea for Africa. Although obvious to some, it is hard to take this assertion as a foregone conclusion when the OAU has itself avoided the issue for more than 30 years and only two other regions of the world have felt it necessary to establish such a body. Furthermore, a number of states have supported the international human rights movement by becoming parties to regional and global human rights treaties, but have simultaneously refrained from acceding to the necessary protocol or making the necessary declaration to establish the competence of a judicial body to receive individual complaints.  Although these trends can be partly explained by the reluctance of states to expose themselves to international scrutiny, their stance is not always devoid of principled explanation.
Another objection is one that views the matter from both a national and an insular perspective. This argument rests on the premise that there are adequate mechanisms for the protection of human rights on a national level. It may be said that at national level a constitution with a bill of rights exists. That bill of rights reflects all the important provisions of human rights treaties and may be enforced through a constitutional court that will give primacy to the constitution and the bill of rights. What need is there then for yet another body to perform this identical judicial function? The South African Constitutional Court may serve as an example. The Constitutional Court applies the Constitution that incorporates most of the content of the African Charter and arguably goes further.  Other decisions, rulings and legislation may be declared unconstitutional if they infringe the Bill of Rights.  The Court itself operates in a very similar fashion to the proposed African Court. It consists, like the African court, of 11 judges,  its decisions are final and binding  and its judges are in practice selected from personalities that have struggled for the protection of human rights and fundamental freedoms.
Naturally, not every African state can boast this level of judicial protection of human rights,  but the need for a court should not be confined to the need to compensate for the lack of an effective constitutional court within certain states. There are justifications for regional protection over and above national guarantees. A constitution is not merely a document for the protection of human rights, but also reflects the needs of the state as determined by the constitution-making processes. This national interest may need to be balanced against the bill of rights by constitutional court judges. This balance and its resulting limitation on human rights may offend internationally accepted standards for the protection of human rights and should therefore be subject to international judicial scrutiny.
A pertinent illustration of this on the national level is the South African Constitutional Court's decision on the constitutionality of amnesty.  When it was argued that the South African amnesty provisions violated the right of access to court and certain provisions of international humanitarian law, the Court promptly reminded itself that it was concerned, not with the international legality of amnesty, but its legality in terms of the South African Constitution.  Since the epilogue to the interim Constitution had expressly provided for amnesty, it was difficult for the Court to uphold that it was unconstitutional or contrary to the Bill of Rights. Only a regional or global human rights body could have objectively measured the South African amnesty provisions against internationally accepted standards of human rights protection.
The other difficulty presents itself when the national courts prove to be ineffective in the enforcement of their decisions or their ability to remain impartial without being subject to harassment or dismissal. In Zimbabwe the courts rendered decisions upholding the right to property. The executive and enforcement organs of the state, however, failed to respect these decisions. In these circumstances, a regional body could potentially provide its stamp of international disapproval.
Apart from these limitations to the national process, a regional body has the advantage of setting regional standards in an area of law that is by nature controversial and uncertain in its particulars.
Perhaps the most forceful argument against any form of regional judicial intervention in human rights protection is one of resource allocation. African states rank among the poorest in the world. African communities are ravaged by poverty, lack of adequate health care services and scant infrastructure. There are also a plethora of mass human rights violations across the continent. Governments with necessarily limited resources must fund any regional initiative. They have no other option than to prioritise. In the context of human rights, it may be argued, the priority must lie with the promotion of human rights, as opposed to its protection in individual cases.  Resources should, according to this argument, be concentrated on building a human rights culture though education and activities. This must be especially so when the returns from individual human rights protection prove to be of limited value.
While this type of argument deserves serious consideration, it has to be admitted that there is no one solution to the problem of human rights in Africa. The African Commission has indeed had a largely promotional role, but the human rights situation in Africa remains shocking. No one component for the effective protection of human rights can be completely sacrificed because of limited resources. However, this aspect will be expanded upon in the next section to argue that while the need for a judicial body is undisputed, the specifically proposed form of that body in the Protocol to the African Charter may be inappropriate in the circumstances.
There is a growing consensus among academics and governments that an effective judicial mechanism for the protection of human rights is both desirable and necessary in the African context, as elsewhere. The complete rejection of the protective function of the African human rights system is no longer tenable. However, serious questions may be raised in relation to the actual solution adopted in terms of the Protocol to the African Charter. This is especially so with respect to what the Court achieves in terms of improving upon the work of the Commission or to the proposed relationship between the Commission and the Court.
It has been persuasively argued by Makau Mutua that the mere establishment of a court will not serve to eradicate the deficiencies of the African human rights system of protection.  It is argued that this must be accompanied by a radical revision of the provisions of the African Charter and a clear division of labour that completely removes the protective function from the mandate of the Commission.
Mutua therefore raises both normative and institutional objections to the proposed court. While the African Charter provides much room for manoeuvre, it is not clear why this should in itself constitute an objection to the establishment of the court in its proposed form. Presumably, the Court can itself, through creative reasoning, redress any potential deficiencies resulting from the ambiguities and 'claw-back' clauses in the Charter. There is much in the rules on the interpretation of treaties that would enable the Court to do so. In particular, a treaty must be interpreted in the light of its object and purpose, as well as the context and words used.  Further, a court is entitled to have regard to subsequent treaty developments in the interpretation of a human rights treaty.  This the Court is of course specifically invited to do by the Protocol, which allows it to interpret and apply other treaties to which the member states are parties.  Mutua's fear of the implications of a conservative bench can always be rectified through a further protocol, as he suggests in relation to women's rights,  without the need of delaying the establishment of the Court until such changes have been effected.
Mutua's institutional objection to the relationship between the Commission and the Court focuses on the concern that the Court should be seen to be independent from the Commission, which has failed in its mandate. He notes that:  it is absolutely critical that the Court be, and be perceived as, separate and independent from the African Commission to avoid burdening it with the severe image problems and the anaemia associated with its older sibling.
His proposal for rectifying this problem is a clear division of labour between the Commission and the Court such that the Court has the exclusive protective mandate.  Save that the Commission should continue to administer the reporting mechanism, this result may be necessary for other fundamental reasons.
This Protocol amended the Convention to the extent that the machinery of the Commission and the Court would be fused into a single court. This move was felt to be all the more necessary because of the expansion in the membership of the Council of Europe.  The African system has to potentially deal with matters from 53 member states of the OAU. This number could increase to 54 or more in the case of future secessions. Most of these states have a greater landmass and population enduring frequent and intrusive violations of their rights.
It is not even certain to what extent the proposed African Court as part of a two-sided machine can be said to rectify the deficiencies of the African Commission. As Mutua comments:  A human rights court will only be useful if it genuinely seeks to correct the shortcomings of the African human rights system and provides victims of human rights violations with a real and accessible forum in which to vindicate their basic rights.
The explanation offered for this conditional system for the receipt of individual communications is that it might otherwise be difficult to acquire the necessary number of ratifications from African states.  Yet, since the primary purpose of setting up the Court was to ameliorate deficiencies in the operation of the African Commission, one might question the usefulness of securing parties whose citizens cannot directly take advantage of the system.
None of this is to say that the African Commission should cease to exist or that the Court should not come into existence. In one sense it is desirable that a two-tier system should be retained for the promotion and protection of human and peoples' rights. Clearly, the Commission potentially plays a very significant role in the promotion of human rights, which is essential in the African context and nicely complements the protective role of the Court. The difficulty comes in justifying a protective and judicial as opposed to promotional function for the Commission and the Court, when this would entail one possessing the snout and the other the tail.
These objections to the adoption of a two-tier system in respect of the protective function of the African system deal with the general difficulties of such a system in the African context, having regard to the respective powers of the two bodies. In the light of such considerations one would expect the Protocol to set out clearly the relationship between the Commission and the Court in a manner that reveals the desirability of this model. It does not.
In fact, the relationship between the two organs is only dealt with in the most general terms, which give little if any hint as to how the machinery actually works. The difficulty created by such ambiguity is demonstrated by the Commission's mandate in terms of the African Charter. The seasoned visitor to the provisions of the Charter will be familiar with the bald assertion in article 45 that the Commission must 'ensure the protection of human and peoples' rights under conditions laid down by the present Charter'. This apparently broad mandate is accompanied by more specific directions in article 58 requiring the Commission to draw special cases to the attention of the Assembly of Heads of State and Government. Such cases are those revealing the existence of a series of serious and massive violations of human and peoples' rights. In cases of this nature the Assembly of Heads of State and Government may request the Commission to undertake an in-depth study. These provisions led to a debate over whether the African Commission in fact had any competence to consider individual communications alleging violations that did not reveal a series of serious and massive violations of human and peoples' rights.  Although the Commission clearly interpreted the African Charter in a manner that permitted it to deal with other individual communications, the framework for the functioning of the Commission had apparently not been clearly set out from the outset.
If now the same level of ambiguity pertains to the relationship between Court and Commission, then this indicates that the implications of a two-tier system for administering the protective function of the African system have not been clearly thought out. How in such circumstances can the member states of the OAU be sure of its desirability?
A perusal of the provisions of the Protocol confirms such ambiguity incontrovertibly. Article 2 provides for the basic principle of 'complementarity' as between the Court and the Commission. Accordingly, it provides: 'The Court shall, bearing in mind the provisions of this Protocol, complement the protective mandate of the African Commission on Human and Peoples' Rights . . .'.
This statement represents little more than an acknowledgment that both organs shall retain a protective mandate and operate in harmony as far as possible. Article 8 also speaks of 'the 'complementarity' between the Commission and the Court', when it directs the Court to address the issue in its rules of procedure. International criminal lawyers will be familiar with the principle of 'complementarity' as it applies to the proposed International Criminal Court.  This principle represents the idea that the international court and national court jointly retain jurisdiction to try perpetrators of crimes covered by the jurisdiction of the international court. In this context the idea of 'complementarity' makes perfect sense because neither the international court nor the national courts will be the best or possible forum for dealing with all cases. This might arise from political constraints and/or the sheer number of cases involved.
The Protocol adopts an unusual formula for determining the admissibility of an application that would appear to involve a possible three or four way movement of the docket in ping-pong fashion. Article 6 stipulates that when the Court is deciding on the question of admissibility, it may request the opinion of the Commission 'which it shall give as soon as possible'. Where the opinion of the Commission has been requested, and once it has been received, the Court will rule on admissibility. Thereafter, assuming the application to be admissible, the Court may decide to refer the case back to the Commission in any event. This apparently convoluted procedure may be contrasted with the procedures in terms of the European and Inter-American systems (Protocol 11 to the European Convention aside) where, since the matter can only be brought to the Court through the Commission, it makes the preliminary decision on admissibility. The matter may be raised again before the Court but there is essentially only one movement of the case between the Commission and the Court. If the opinion of the Commission is sought, the Court will not have to wait for it, but it will be given during the course of the proceedings before the Court.
In terms of how the workload is shared between the Court and the Commission, the Protocol adopts a framework procedure which is certainly novel, but of questionable value. It states that 'the Court may consider cases or transfer them to the Commission'.  This procedure necessarily comes about because an individual or state may approach the Commission or the Court, and the choice would appear to be entirely in their hands. There is no way of predicting which cases will start with the Commission or which cases will start with the Court. Consequently, the Court must act as its own filter and channel some cases back to the Commission. This clearly demonstrates the inefficiency of a two-tier system where both organs may receive the same type of application.
The scant provisions dealing with the relationship between the Commission and the Court give insufficiently clear guidance on how the machinery will operate in practice. Indeed, such guidance as there is serves to enlighten one as to the potential inefficiencies and length of proceedings under this future two-tier system. One is left entirely unconvinced as to the wisdom of retaining the existing framework for the Commission and then juxtaposing a court.
It is of course common for the founding instruments of international tribunals to leave it to the tribunal to adopt its own rules of procedure and evidence. It is even frequently the case that it will set out such a loose framework that much of what counsel would need to know about the functioning of the tribunal would be found in these rules, to be developed after the establishment of the tribunal. This can be said to be the case for the European Court of Human Rights and Fundamental Freedoms,  the Inter-American Court on Human Rights,  and the International Criminal Tribunals for the Former Yugoslavia  and for Rwanda.  48 This is not the case with the International Criminal Court where the contracting parties vested the task in the hands of a group of experts and where such rules were subject to adoption.
Nevertheless, where a matter is structural in nature and goes to the very heart of the rationale for the machinery, one would expect the matter to be clearly thought out and set out in the founding document. By leaving this task to the judges, the Protocol confers on them a quasi-political function and imposes on them a burden that might be perceived to render them ultimately responsible for the failure of the machinery. This is not only an unfair burden for the judicial officers to bear. It is also entirely inappropriate and constitutes an incredible leap of faith that somehow and in some way this poorly thought-out concept will find a way to work in an acceptable manner.
It is quite understandable that the perceived deficiencies in the African Commission on Human and Peoples' Rights should lead to an initiative to rectify those problems. It is perhaps unfortunate that the group of experts that produced the first draft of the Protocol was not simply asked this, without being given the particular mandate with respect to the Court. This might have led to a broader analysis of the problem at its roots. In the event, a specific request in relation to the Court was made and events rocketed in that direction from the inception of the consideration of the problem.
Since the first consideration of the Court in 1961, the issue remained effectively dormant for some 30 years. Then from the point of resurgence, a first draft appeared a year later and a treaty was concluded three years after that in 1998. The time frame and circumstances were not radically different from those of the parallel development of an international criminal court. In that case the work of the late 1940s had to be suspended because of the Cold War and was not re-ignited until 1992, when the General Assembly of the United Nations requested the International Law Commission to produce a draft statute. This was done in 1994 and four years later, in 1998, the Statute of the International Criminal Court was concluded.
Yet somehow a comparison of the results in both cases, admittedly dealing with different subject matter, highlights a substantial contrast in the thoroughness of evaluation and formulation. One cannot help feeling that the Protocol to the African Charter on Human and Peoples' Rights for the Establishment of an African Court of Human and Peoples' Rights has been somewhat rushed.
As a concept it is laudable. There can be no doubt that a human rights court is not only a good idea for Africa, but that it has also become practically essential for it. There are also aspects of the Protocol, including in particular the potential access of individuals and NGOs, which must be applauded, although this is a qualified gain given the need for a declaration of acceptance from states. The Court is a significant milestone in the protection of human and peoples' rights in Africa. In fact, it is so significant that it had to be the best it could be. This is where a serious question mark still remains. Given the wealth of experience to draw from in the European and Inter-American models and the developments they have gone through, has the Protocol really revealed a model that represents the best possible formula for Africa?
There has been a total failure to adequately question and examine the appropriateness of pairing the protective function of the Court with the existing protective function of the Commission. There has further been a failure to adequately justify and clarify the proper relationship between the Court and the Commission.
The Commission's lack of teeth combined with the Court's absence of guaranteed access for interested parties may prove to be a particular thorn in the side of the workability of the machinery. Everything will depend largely on the political will of states to make the necessary declarations accepting individual and NGO access.
It is also foreseeable that the Court might face almost insurmountable problems in terms of the length of proceedings and the ability to make a meaningful impact on improving upon the acknowledged inefficiencies of the Commission in its protective function.
Nonetheless, there is probably no turning back now. There is probably no more time for thought or reflection and it is now a question of damage control. There can be little doubt, however, that in years to come the member states of the African Union will be forced to a similar conclusion reached by the Council of Europe that the protective function would be more efficiently housed in one body.
 See J Mubangizi & A O'Shea 'An African Court on Human and Peoples' Rights' (1999) 24 South African Yearbook of International Law 256 257—258; M Mutua 'The African Human Rights Court: A two-legged stool?' (1999) 21 Human Rights Quarterly 342 352; A O'Shea 'A Human Rights Court in an African context' (2001) Commonwealth Law Bulletin (forthcoming); A Stemmet 'A future African Court for Human and Peoples' Rights' (1998) 23 South African Yearbook of International Law 233 234.
 Arts 38—56 European Convention on Human Rights and Fundamental Freedoms of 1950; Arts 52—73 American Convention on Human Rights of 1969.
 Arts 30—59 African Charter on Human and Peoples' Rights of 1981; see generally EA Ankumah The African Commission on Human and Peoples' Rights: Powers and procedures 1996; E Bello 'The mandate of the African Commission on Human and Peoples' Rights' (1988) 1 African Journal of International Law 31; F Viljoen 'Review of the African Commission on Human and Peoples' Rights: 21 October 1986 to 1 January 1997' in C Heyns (ed) Human rights law in Africa 1997 (1999) 47; K van Walvaren 'African Commission on Human and Peoples' Rights' (1993) 11 Netherlands Quarterly of Human Rights 116.
 See generally W Benedek 'The African Charter and the African Commission on Human and Peoples' Rights: How to make it more effective' (1993) 11 Netherlands Quarterly of Human Rights 25; Mutua (n 1 above) 345-346; CE Welch 'The African Commission on Human and Peoples' Rights: A five-year report and assessment' (1992) 14 Human Rights Quarterly 43.
 Report of Government Experts Meeting, AHG/Res 230, 30th ordinary session of the Assembly of Heads of State and Government, Tunis, Tunisia, June 1994, cited in IAB El-Sheikh 'Draft Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights: Introductory note' (1997) 9 African Journal of International and Comparative Law 943 (n 1).
 See Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights, reprinted in (1998) ICJ Review (special issue) 227.
 Eg as at 25 March 2001, only 98 out of the 147 parties to the International Covenant on Civil and Political Rights of 1966 have become party to the First Optional Protocol, thereby accepting the jurisdiction of the Human Rights Committee to accept individual communications.
 UO Umozurike 'The African Charter on Human and Peoples' Rights' (1983) 77 American Journal of International Law 902 909. This idea that Africans settle matters by discussion was promoted to justify one party democracy: see K Wiredu 'Democracy and consensus in African traditional politics: A plea for a non-party polity' in EC Eze (ed) Postcolonial African philosophy (1997) 303.
 The Rwandan genocide is an extreme, but clear illustration: See African Rights Rwanda: Death, despair and defiance (1995).
 Secs 7—39 Constitution of the Republic of South Africa Act 108 of 1996.
 Secs 2 & 167 South African Constitution.
 Sec 167(1) South African Constitution.
 Sec 167(3)(c) South African Constitution.
 See J Allain & A O'Shea 'African disunity? Comparing human rights law and practice in the north and south of Africa' (2001) 22 Human Rights Quarterly (forthcoming).
 Azanian Peoples' Organisation (AZAPO) & others v President of the Republic of South Africa & others 1996 (4) SA 671 (CC).
 Per Mahomed DP at 688.
 A similar argument was employed in the AZAPO case (n 16 above), in order to justify a limitation on the right of access to the national courts: especially at 695.
 Art 31(1) Vienna Convention on the Law of Treaties of 1969.
 Art 7 Protocol to the African Charter.
 n 1 above 360; in fact such a Protocol is likely to come into effect.
 See the European Convention on Human Rights and Fundamental Freedoms of 1950; American Convention on Human Rights of 1969.
 n 26 above, art 48 & art 61 respectively.
 W Benedek 'The judiciary and human rights in Africa: The Banjul Seminar and the Training Workshop for a Core of Human Rights Advocates of November 1989' (1990) 11 Human Rights Law Journal 247 250.
 L Heffernan 'A comparative view of individual petition procedures under the European Convention on Human Rights and the International Covenant on Civil and Political Rights' (1997) 19 Human Rights Quarterly 78 111.
 Signed 11 May 1994 (1994) 33 International Legal Materials 943.
 See the official website of the European Court of Human Rights: http://www. echr.coe.int (accessed 31 July 2001).
 It was noted in 1998 that there had been no such complaint before the Commission in its entire history: see CA Odinkalu & C Christensen 'The African Commission on Human and Peoples' Rights: The development of its non-state communication procedures' (1998) 20 Human Rights Quarterly 235 238.
 See eg Ireland v United Kingdom ECHR (18 January 1978) 25 Ser A; Denmark v Greece; Norway v Greece; Sweden v Greece; Netherlands v Greece (1969) 12 Yearbook of the European Court of Human Rights 1.
 Arts 5(3) & 34(6) Protocol to the African Charter.
 El-Sheikh (n 5 above) 947.
 Benedek (n 4 above) 31; Odinkalu & Christensen (n 34 above) 235 239—244.
 Preamble & art 1 Statute of the International Criminal Court (1998) 37 International Legal Materials 999.
 See Adoption of the Rules of Procedure of the Committee in accordance with article 39 of the Covenant (Rules 79—97), UN GAOR, Human Rights Committee, 1st session, UN Doc CCPR/C/L.2/Add.2 (1977).
 Rule 72(H) of the Rules of Procedure and Evidence of the International Criminal Tribunal for Rwanda (February 00).
 See Mutua (n 1 above) 356.
 Art 6(3) Protocol to the African Charter.
 Art 4 European Convention on Human Rights and Fundamental Freedoms.
 Art 60 American Convention on Human Rights.
 Art 15 Statute of the International Tribunal for the Former Yugoslavia (1993) International Legal Materials 1192.
 Art 14 Statute of the International Tribunal for Rwanda (1994) International Legal Materials 1598.

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JESSICA SERNA, Appellant, v. STATE OF FLORIDA, Appellee.
Carey Haughwout, Public Defender, and Jaime Lapidus, Assistant Public Defender, West Palm Beach, for appellant. Ashley B. Moody, Attorney General, Tallahassee, and Alexandra A. Folley, Assistant Attorney General, West Palm Beach, for appellee.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Dennis D. Bailey, Judge; L.T. Case No. 17002361CF10A. Carey Haughwout, Public Defender, and Jaime Lapidus, Assistant Public Defender, West Palm Beach, for appellant. Ashley B. Moody, Attorney General, Tallahassee, and Alexandra A. Folley, Assistant Attorney General, West Palm Beach, for appellee. FORST, J.
Appellant Jessica Serna appeals her sentence stemming from multiple charges of fraudulent practices and theft. Appellant argues that the trial court violated her right to due process in rejecting her request to be placed under oath at her sentencing hearing because 1) the court was required to entertain submissions and evidence in mitigation, and 2) she had the right to allocution prior to sentencing. Because we find that it was error to deny Appellant an opportunity to present mitigation testimony to rebut issues raised by the State and the trial court during sentencing, we reverse her sentence and remand for a new sentencing hearing.
Appellant was charged with one count of trafficking in counterfeit credit cards, two counts of defrauding a financial institution, one count of criminal use of personal identification information, two counts of credit card forgery, and one count of misdemeanor petit theft. The trial court accepted her no contest plea to all charges and a sentencing hearing followed.
Defense counsel requested that the court withhold adjudication, arguing that Appellant "has a drug problem" and is "amenable for treatment," had no prior felony criminal history, and that her nonviolent crimes were "a[n] isolated incident" done in an unsophisticated manner. As the State began to object to the characterization of the crimes as unsophisticated, the trial court interjected that, "absent a showing of remorse," it could not grant the request for a withhold of adjudication. The State added that there was no evidence presented that Appellant had a substance abuse issue or that she was amenable to treatment.
The court then asked defense counsel for the "[l]ast word." Defense counsel requested that Appellant be placed under oath, which entreaty the court summarily denied. Defense counsel replied, "But that was my only argument, Judge. Based off the circumstances and based off of mitigator reasons in the downward departure statute, I believe this is an individual that should receive a withhold."
The trial court denied the defense's request to withhold adjudication, adjudicated her guilty, and imposed a ten-year probationary sentence. On appeal, Appellant argues that she was "never given the chance to address the sentencing court," and this denial "violated appellant's due process right to allocution and went against the sentencing court's mandatory obligations to entertain evidence relevant to the sentence."
We review a trial court's compliance with the guarantees of due process de novo. Hill v. State, 246 So. 3d 392, 394 (Fla. 4th DCA 2018) (citing Flegal v. Guardianship of Swistock, 169 So. 3d 278, 281 (Fla. 4th DCA 2015)).
Appellant contends that despite her request, she was denied the chance to address the court concerning a withhold of adjudication. At trial, defense counsel argued that, based on section 775.08435, Florida Statutes, the trial court may withhold adjudication if there are mitigating circumstances such as those set forth in the downward departure statute (section 921.0026, Florida Statutes). Specifically, Appellant maintained that "this crime was committed in an unsophisticated manner and it's a (sic) isolated incident"; she has a drug problem and is amenable to treatment; and, she had no prior felonies.
Appellant's initial brief also asserts that she was denied the opportunity to allocute. A statement in allocution is an unsworn statement by the defendant to the court that is not subject to cross-examination and potential perjury, and where the defendant can speak freely to the court and express "any additional information to aid the court in making a sound and reasoned judgment . . . ." Jean-Baptiste v. State, 155 So. 3d 1237, 1242 (Fla. 4th DCA 2015). In the instant case, defense counsel requested that Appellant be sworn, and did not otherwise place the trial court on notice that Appellant sought an opportunity to allocute. Thus, we do not address this issue on appeal.
Florida Rule of Criminal Procedure 3.720(b) requires the court to entertain submissions and evidence by the parties that are relevant to sentencing. Failure to comply with this rule is reversible error. Compere v. State, 44 Fla. L. Weekly D215 (Fla. 4th DCA Jan. 9, 2019) (citing State v. Munson, 604 So. 2d 1270, 1271 (Fla. 4th DCA 1992)). "Under the rule . . . defendant[s] are entitled to make a statement to the court, as well as present matters in mitigation." Chillingworth v. State, 846 So. 2d 674, 676 (Fla. 4th DCA 2003); see Hodierne v. State, 141 So. 3d 1254, 1255 (Fla. 2d DCA 2014) (remanding for new sentencing "at which Hodierne shall be permitted to present the entirety of his statement and any other evidence or submission relevant to the sentence, as provided by rule 3.720(b)").
"The rule does not address which submissions or what evidence are ultimately admissible; it requires only that the sentencing court should 'entertain' their proffers." Gorzynski v. State, 255 So. 3d 990, 993 (Fla. 2d DCA 2018) (Lucas, J. concurring). Courts have determined that Rule 3.720(b) provides defendants with an opportunity to proffer evidence in mitigation (which might include the defendant's own testimony). See Goldberg v. State, 65 So. 3d 115, 116 (Fla. 3d DCA 2011) (holding that the defendant was entitled to present rebuttal to the State's evidence that the defendant lacked remorse); H.B.T. v. State, 495 So. 2d 919, 920 (Fla. 4th DCA 1986) (reversing because the trial court refused the defendant's request to present the testimony of two police officers to buttress the defense's substantial assistance argument as mitigation of sentence evidence).
"The fundamental requirement of due process is the opportunity to be heard 'at a meaningful time and in a meaningful manner.'" Mathews v. Eldridge, 424 U.S. 319, 333 (1976) (quoting Armstrong v. Manzo, 380 U.S. 545, 552 (1965)). Due process requires a meaningful opportunity "to be heard, to testify, and to present evidence"; otherwise, it is fundamental error. Weiser v. Weiser, 132 So. 3d 309, 311 (Fla. 4th DCA 2014) (citing Slotnick v. Slotnick, 891 So. 2d 1086, 1089 (Fla. 4th DCA 2004)); see Branton v. State, 187 So. 3d 382, 385 (Fla. 5th DCA 2016) (wholly denying defendant's request to present matters in mitigation is fundamental error).
In Jean-Baptiste v. State, 155 So. 3d 1237 (Fla. 4th DCA 2015), we concluded that the defendant's right to due process was not violated because he was given the opportunity to make a sworn statement at sentencing (during an evidentiary hearing on his motion for downward departure), but he chose not to do so. Id. at 1242. By contrast, Appellant here indicated that she sought to present evidence in mitigation through a sworn statement, but the request was summarily denied. In looking to the context of Appellant's request to be placed under oath (particularly the court's assertion that it would not grant a withhold absent a showing of remorse—an issue not previously addressed by Appellant), the trial court's outright denial does not meet the rule's mandatory language that it "entertain" submissions and evidence relevant to mitigation. This violated Appellant's due process rights because she did not have a meaningful opportunity to be heard on the issues raised by the court and the State. This was error on the part of the trial court and entails reversal.
Determining an appropriate sentence is "the most important matter upon which [a court] is called to judge." Id. Defendants are entitled to present matters in mitigation pursuant to rule 3.720(b) and the requirements of due process. Therefore, denying Appellant the requested opportunity to testify at her sentencing was error. Accordingly, we reverse Appellant's sentence and remand for a new sentencing hearing in compliance with rule 3.720(b).
Reversed and remanded. MAY and LEVINE, JJ. concur.

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On behalf of Thompson Tarasek Lee-O'Halloran PLLC posted in Associations on Friday, May 4, 2018.
Recent amendments to MCIOA have added additional layers of complexity to managing an association's common elements and, in particular, to bringing construction defect claims arising out of the original construction. Associations new and old should take note of the new requirements and how it will affect them.
For associations created before August 1, 2017, the only amendment to be concerned about is the requirement to create a preventative maintenance plan. Minn. Stat. § 515B.3-107(b). By January 1, 2019, these associations must create and follow a maintenance plan, maintenance schedule, and maintenance budget for the common elements in the association, subject to later amendment by the board. The association must provide a copy or offer electronic access to the preventative maintenance plan, schedule, budget, and any amendments thereto. Id.
Notably, the maintenance plan only applies to the common elements; however, subdivision (a) was also amended to expressly include liability for damage resulting from a lack of maintenance or failure to perform necessary repairs: "[D]amage resulting from an association's or unit owner's lack of maintenance or failure to perform necessary repairs or replacement, is the responsibility of the unit owner or association responsible for causing the damage..." Minn. Stat. § 515B.3-107(a).
For associations created on or after August 1, 2017, the declarant must create the maintenance plan, schedule, and budget, and ensure that it is fully funded by the initial budget provided by the declarant. Minn. Stat. § 515B.3-107(b). The maintenance plan "must be based on the best available information listing all building elements to which the plan will apply and the generally accepted standards of maintenance on which the plan is based." Minn. Stat. § 515B.4-1021(a)(4).
The preventative maintenance plan requirements of section 515B.3-107(b) could have a significant impact on future claims for breach of implied warranties under MCIOA, which was amended to create a shelter for liability where an association does not implement or follow a maintenance plan and suffers damages as a result, unless the damage is caused by a failure to comply with section 515B.3-107(b) while the declarant controlled the board.
Also with the amendments, "construction defect claim" is now a defined term under MCIOA. Minn. Stat. § 515B.1-103(11)(a). It includes all claims for defective construction, under any theory, arising out of the original construction of a common interest community. This is important because even if an association is not pursuing a claim under the MCIOA warranties, it arguably must still comply with the pre-litigation requirements under MCIOA. Notably, this definition does not include claims arising out of defects related to "subsequent maintenance, repairs, alterations, or modifications to, or the addition of, improvements that are part of the common interest community, and that are contracted for by the association or a unit owner." Id.
If an association's claim(s) constitutes a "construction defect claim," the association is now required to participate in mediation before commencing a lawsuit. Minn. Stat. § 515B.4-116(c). This requirement does not apply if the association participates in the home warranty dispute resolution process under Minn. Stat. § 327A.051.
Similar to the written notice under Minn. Stat. § 327A.02, subd. 4(b), a written demand for mediation made pursuant to Minn. Stat. § 515B.4-116(c) automatically tolls the statute of limitations and statute of repose for all other actions until the latest of: 1) five days after mediation is completed; or 2) 180 days.
Finally, associations are now required to mail or deliver written notice of any anticipated construction defect litigation to all unit owners before commencing the lawsuit. Minn. Stat. § 515B.3-102(d)(1). "The notice shall specify the nature of the construction defect claims to be alleged, the relief sought, and the manner in which the association proposes to fund the cost of pursuing the construction defect claims."
3. The votes are considered for purposes of determining whether a quorum was present.
Proxies can only be used if (1) the unit owner executes the proxy after receiving the written notice under subsection (d)(1), and (2) the proxy expressly references the notice.
The amendments to MCIOA are important and, in some instances, may require significant changes to how associations have typically conducted their affairs. A short check-in meeting with the association's legal counsel will help ensure that the association is aware of the amendments and has practices in place to comply with them.


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Alessio Perinelli, Leonardo Ricci "Identification of suitable embedding dimensions and lags for time series generated by chaotic, finite-dimensional systems" ''Phys. Rev. E'' '''98''', 052226 (2018).
Alessio Perinelli, Diana Elisa Chiari, Leonardo Ricci "Correlation in brain networks at different time scale resolution" ''Chaos'' '''28''', 063127 (2018).
S. Agustsson, G. Bianchi, R. Calabrese, L. Corradi, A. Dainelli, A. Khanbekyan, C. Marinelli, E. Mariotti, L. Marmugi, G. Mazzocca, L. Moi, L. Ricci, L. Stiaccini, L. Tomassetti "Observation of 7p'^2^'P'_3∕2_' → 7d'^2^'D optical transitions in 209 and 210 francium isotopes" ''Optics Letters'' '''42''', 3682 (2017).
Steinn Agustsson, Giovanni Bianchi, Roberto Calabrese, Lorenzo Corradi, Antonio Dainelli, Alen Khanbekyan, Carmela Marinelli, Emilio Mariotti, Luca Marmugi, Leonardo Ricci, Leonardo Stiaccini, Luca Tomassetti, Andrea Vanella "Enhanced Atomic Desorption of 209 and 210 Francium from Organic Coating" ''Scientific Reports'' '''7''', 4207 (2017).
L. Ricci, V. Del Vescovo, C. Cantaloni, M. Grasso, M. Barbareschi, M. Denti "Statistical analysis of a Bayesian classifier based on the expression of miRNAs" ''BMC Bioinformatics'' '''16''', 287 ('''2015''').
A. Vilardi, D. Tabarelli, and L. Ricci "Tailoring a psychophysical discrimination experiment upon assessment of the psychometric function: Predictions and results" ''AIP Advances'' '''5''', 027121 ('''2015''').
M. Franchi, L. Ricci "Statistical properties of the maximum Lyapunov exponent calculated via the divergence rate method" ''Physical Review E'' '''90''', 062920 ('''2014''').
V. Coppolaro , N. Papi , A. Khanbekyan , C. Marinelli , L. Marmugi , L. Moi , L. Corradi , A. Dainelli , H. Arikawa , T. Ishikawa , Y. Sakemi , R. Calabrese , G. Mazzocca , L. Tomassetti , L. Ricci , "Light desorption from an Yttrium neutralizer for Rb and Fr Magneto-Optical Trap loading", ''Journal of Chemical Physics'' '''141''', 134201 ('''2014''').
M. Franchi, L. Ricci "Appropriateness of dynamical systems for the comparison of different embedding methods via calculation of the maximum Lyapunov exponent" ''Journal of Physics: Conference Series'' '''490''', 012094 ('''2014''').
N. Pace, L. Ricci and S. Negrini "A comparison approach to explain risks related to X-ray imaging for scoliosis" ''Scoliosis'' '''8''', 11 ('''2013''').
L. Ricci, L.M. Martini, M. Franchi, A.Bertoldi, "A current-carrying coil design with improved liquid cooling arrangement" ''Review of Scientific Instruments'' '''84''', 065115 ('''2013''').
L. Tosatto, A. O. Andrighetti, N. Plotegher, V. Antonini, I. Tessari, L. Ricci, L. Bubacco, M. Dalla Serra, "Alpha-synuclein pore forming activity upon membrane association" ''BBA (Biochimica et Biophysica Acta) - Biomembranes'' '''1818''' 2876-2883 ('''2012''').
P. Tosi, L. Ricci, A. Rosponi, F. Schena, "A theory of energy cost and speed of climbing" ''AIP Advances'' '''1''', 032169 ('''2011''').
A. Bertoldi, L. Ricci, "Dynamics of a cold atom cloud in an anharmonic trap" ''Physical Review A'' '''81''', 063415 ('''2010''').
D. Tabarelli, A. Vilardi, C. Begliomini, F. Pavani, M. Turatto, L. Ricci, "Statistically robust evidence of stochastic resonance in human auditory perceptual system" ''European Physics Journal B'' '''69''', 155 ('''2009''').
A. Vilardi, D. Tabarelli, L. Botti, A. Bertoldi, L. Ricci, "Measurement and modelling of enhanced absorption Hanle effect resonances in '^85^'Rb" ''J. Phys. B: At. Mol. Opt. Phys.'' '''42''', 055003 ('''2009''').
A. Bertoldi, L. Ricci, "Gravito-magnetic trapping of '^85^'Rb" ''J. Phys. B: At. Mol. Opt. Phys.'' '''41''', 155301 ('''2008''').
L. Ricci, D. Bassi, A. Bertoldi, "Combined static potentials for confinement of neutral species" ''Phys. Rev. A'' '''76''', 023428 ('''2007''').
L. Faes, G. Nollo, F. Ravelli, L. Ricci, M. Vescovi, M. Turatto, F. Pavani, R. Antolini, "Small-sample characterization of stochastic approximation staircases in forced-choice adaptive threshold estimation" ''Perception & Psychophysics'' '''69''', 254 ('''2007''').
A. Bertoldi, L. Botti, D. Covi, R. Buffa, D. Bassi, L. Ricci, "Noise and response characterization of an anisotropic magnetoresistive sensor working in a high-frequency flipping regime" ''Eur. Phys. J. Appl. Phys.'' '''33''', 51 ('''2006''').
L. Botti, R. Buffa; A. Bertoldi, D. Bassi, L. Ricci, "Noninvasive system for the simultaneous stabilization and control of magnetic field strength and gradient" ''Rev. Sci. Instrum.'' '''77''', 035103 ('''2006''').
A. Bertoldi, D. Bassi, L. Ricci; D. Covi; S. Varas, "Magnetoresistive magnetometer with improved bandwidth and response characteristics" ''Rev. Sci. Instrum.'' '''76''', 065106 ('''2005''').
L. Ricci, "Dante's insight into galilean invariance" ''Nature'' '''434''', 717 ('''2005''').
A. Boschetti, D. Bassi, E. Jacob, S. Iannotta, L. Ricci, M. Scotoni, "Resonant photoacoustic simultaneous detection of methane and ethylene by means of a 1.63-$\mu$m diode laser" ''Appl. Phys. B'' '''74''', 273 ('''2002''').
L. Ricci, A. Bertoldi, D. Bassi, "Winding shape optimization for asymmetric confinement magnets" ''Rev. Sci. Instrum.'' '''73''', 3181 ('''2002''').
L. Ricci, V. Del Vescovo, C. Cantaloni, M. Grasso, M. Barbareschi, M. Denti "Statistical analysis of a Bayesian classifier based on the expression of miRNAs" ''BMC Bioinformatics'' '''16''', 287 (2015).
A. Vilardi, D. Tabarelli, and L. Ricci "Tailoring a psychophysical discrimination experiment upon assessment of the psychometric function: Predictions and results" ''AIP Advances'' '''5''', 027121 (2015).
M. Franchi, L. Ricci "Statistical properties of the maximum Lyapunov exponent calculated via the divergence rate method" ''Physical Review E'' '''90''', 062920 (2014).
V. Coppolaro , N. Papi , A. Khanbekyan , C. Marinelli , L. Marmugi , L. Moi , L. Corradi , A. Dainelli , H. Arikawa , T. Ishikawa , Y. Sakemi , R. Calabrese , G. Mazzocca , L. Tomassetti , L. Ricci , "Light desorption from an Yttrium neutralizer for Rb and Fr Magneto-Optical Trap loading", ''Journal of Chemical Physics'' '''141''', 134201 (2014).
M. Franchi, L. Ricci "Appropriateness of dynamical systems for the comparison of different embedding methods via calculation of the maximum Lyapunov exponent" ''Journal of Physics: Conference Series'' '''490''', 012094 (2014).
N. Pace, L. Ricci and S. Negrini "A comparison approach to explain risks related to X-ray imaging for scoliosis" ''Scoliosis'' '''8''', 11 (2013).
L. Ricci, L.M. Martini, M. Franchi, A.Bertoldi, "A current-carrying coil design with improved liquid cooling arrangement" ''Review of Scientific Instruments'' '''84''', 065115 (2013).
L. Tosatto, A. O. Andrighetti, N. Plotegher, V. Antonini, I. Tessari, L. Ricci, L. Bubacco, M. Dalla Serra, "Alpha-synuclein pore forming activity upon membrane association" ''BBA (Biochimica et Biophysica Acta) - Biomembranes'' '''1818''' 2876-2883 (2012).
P. Tosi, L. Ricci, A. Rosponi, F. Schena, "A theory of energy cost and speed of climbing" ''AIP Advances'' '''1''', 032169 (2011).
A. Bertoldi, L. Ricci, "Dynamics of a cold atom cloud in an anharmonic trap" ''Physical Review A'' '''81''', 063415 (2010).
D. Tabarelli, A. Vilardi, C. Begliomini, F. Pavani, M. Turatto, L. Ricci, "Statistically robust evidence of stochastic resonance in human auditory perceptual system" ''European Physics Journal B'' '''69''', 155 (2009).
A. Vilardi, D. Tabarelli, L. Botti, A. Bertoldi, L. Ricci, "Measurement and modelling of enhanced absorption Hanle effect resonances in '^85^'Rb" ''J. Phys. B: At. Mol. Opt. Phys.'' '''42''', 055003 (2009).
A. Bertoldi, L. Ricci, "Gravito-magnetic trapping of '^85^'Rb" ''J. Phys. B: At. Mol. Opt. Phys.'' '''41''', 155301 (2008).
L. Ricci, D. Bassi, A. Bertoldi, "Combined static potentials for confinement of neutral species" ''Phys. Rev. A'' '''76''', 023428 (2007).
L. Faes, G. Nollo, F. Ravelli, L. Ricci, M. Vescovi, M. Turatto, F. Pavani, R. Antolini, "Small-sample characterization of stochastic approximation staircases in forced-choice adaptive threshold estimation" ''Perception & Psychophysics'' '''69''', 254 (2007).
A. Bertoldi, L. Botti, D. Covi, R. Buffa, D. Bassi, L. Ricci, "Noise and response characterization of an anisotropic magnetoresistive sensor working in a high-frequency flipping regime" ''Eur. Phys. J. Appl. Phys.'' '''33''', 51 (2006).
L. Botti, R. Buffa; A. Bertoldi, D. Bassi, L. Ricci, "Noninvasive system for the simultaneous stabilization and control of magnetic field strength and gradient" ''Rev. Sci. Instrum.'' '''77''', 035103 (2006).
A. Bertoldi, D. Bassi, L. Ricci; D. Covi; S. Varas, "Magnetoresistive magnetometer with improved bandwidth and response characteristics" ''Rev. Sci. Instrum.'' '''76''', 065106 (2005).
L. Ricci, "Dante's insight into galilean invariance" ''Nature'' '''434''', 717 (2005).
A. Boschetti, D. Bassi, E. Jacob, S. Iannotta, L. Ricci, M. Scotoni, "Resonant photoacoustic simultaneous detection of methane and ethylene by means of a 1.63-$\mu$m diode laser" ''Appl. Phys. B'' '''74''', 273 (2002).
L. Ricci, A. Bertoldi, D. Bassi, "Winding shape optimization for asymmetric confinement magnets" ''Rev. Sci. Instrum.'' '''73''', 3181 (2002).
M. Prevedelli, F. S. Cataliotti, E. A. Cornell, J. R. Ensher, C. Fort, L. Ricci, G. M. Tino, M. Inguscio, "Trapping and cooling of potassium isotopes in a double-magneto-optical-trap apparatus" ''Phys. Rev. A'' '''59''', 886 ('''1999''').
F.S. Cataliotti, E.A. Cornell, C. Fort, M. Inguscio, F. Marin, M. Prevedelli, L. Ricci, G.M. Tino, "Magneto-optical trapping of Fermionic potassium atoms" ''Phys. Rev. A'' '''57''', 1136 ('''1998''').
L. Ricci, G. Tecchiolli, "A Neural Controller for the Determination of the Frequency Difference Between Laser Sources" ''IEEE Trans. Instrum. Meas.'' '''47''', 858 ('''1998''').
L. Ricci and G. Tecchiolli, "A neural system for frequency control of tunable laser sources", Imtc/97 - Ieee Instrumentation & Measurement Technology Conference: Sensing, Processing, Networking, Proceedings Vols 1 and 2, pp. 251-256; ISBN: 1091-52810-7803-3748-4 ('''1997''').
J. Walz, S.B. Ross, C. Zimmermann, L. Ricci, M. Prevedelli, T.W. Hänsch, "Confinement of electrons and ions in a combined trap with the potential for antihydrogen production" ''Hyperfine Interact.'' '''100''', 133 ('''1996''').
J. Walz, S.B. Ross, C. Zimmermann, L. Ricci, M. Prevedelli, T.W. Hänsch, "Combined Trap with the Potential for Antihydrogen Production" ''Phys. Rev. Lett.'' '''75''', 3257 ('''1995''').
C. Zimmermann, V. Vuletic, A. Hemmerich, L. Ricci, T.W. Hänsch, "Design for a compact tunable Ti:sapphire laser" ''Opt. Lett.'' '''20''', 297 ('''1995''').
L. Ricci, M. Weidemüller, T. Esslinger, A. Hemmerich, C. Zimmermann, V. Vuletic, W. König, T.W. Hänsch, "A compact grating-stabilized diode laser system for atomic physics" ''Opt. Commun.'' '''117''', 541 ('''1995''').
L. Ricci, C. Zimmermann, V. Vuletic, T. W. Hänsch, "Generation of cylindrically symmetric magnetic fields with permanent magnets and $\mu$-metal" ''Appl. Phys. B'' '''59''', 195 ('''1994''').
M. Prevedelli, F. S. Cataliotti, E. A. Cornell, J. R. Ensher, C. Fort, L. Ricci, G. M. Tino, M. Inguscio, "Trapping and cooling of potassium isotopes in a double-magneto-optical-trap apparatus" ''Phys. Rev. A'' '''59''', 886 (1999).
F.S. Cataliotti, E.A. Cornell, C. Fort, M. Inguscio, F. Marin, M. Prevedelli, L. Ricci, G.M. Tino, "Magneto-optical trapping of Fermionic potassium atoms" ''Phys. Rev. A'' '''57''', 1136 (1998).
L. Ricci, G. Tecchiolli, "A Neural Controller for the Determination of the Frequency Difference Between Laser Sources" ''IEEE Trans. Instrum. Meas.'' '''47''', 858 (1998).
J. Walz, S.B. Ross, C. Zimmermann, L. Ricci, M. Prevedelli, T.W. Hänsch, "Confinement of electrons and ions in a combined trap with the potential for antihydrogen production" ''Hyperfine Interact.'' '''100''', 133 (1996).
J. Walz, S.B. Ross, C. Zimmermann, L. Ricci, M. Prevedelli, T.W. Hänsch, "Combined Trap with the Potential for Antihydrogen Production" ''Phys. Rev. Lett.'' '''75''', 3257 (1995).
C. Zimmermann, V. Vuletic, A. Hemmerich, L. Ricci, T.W. Hänsch, "Design for a compact tunable Ti:sapphire laser" ''Opt. Lett.'' '''20''', 297 (1995).
L. Ricci, M. Weidemüller, T. Esslinger, A. Hemmerich, C. Zimmermann, V. Vuletic, W. König, T.W. Hänsch, "A compact grating-stabilized diode laser system for atomic physics" ''Opt. Commun.'' '''117''', 541 (1995).
L. Ricci, C. Zimmermann, V. Vuletic, T. W. Hänsch, "Generation of cylindrically symmetric magnetic fields with permanent magnets and $\mu$-metal" ''Appl. Phys. B'' '''59''', 195 (1994).
L. Ricci, F.S. Pavone, M. Prevedelli, L.R. Zink, M. Inguscio, F. Scappini, M.P. Sassi, "Lamb dip and infrared-radio frequency double resonance spectroscopy of '^85^'OsO$_4$" ''J. Chem. Phys.'' '''94''', 2509 ('''1991''').
L. Ricci, F.S. Pavone, M. Prevedelli, L.R. Zink, M. Inguscio, F. Scappini, M.P. Sassi, "Lamb dip and infrared-radio frequency double resonance spectroscopy of '^85^'OsO$_4$" ''J. Chem. Phys.'' '''94''', 2509 (1991).
*V. Coppolaro , N. Papi , A. Khanbekyan , C. Marinelli , L. Marmugi , L. Moi , L. Corradi , A. Dainelli , H. Arikawa , T. Ishikawa , Y. Sakemi , R. Calabrese , G. Mazzocca , L. Tomassetti , L. Ricci , "Light desorption from an Yttrium neutralizer for Rb and Fr Magneto-Optical Trap loading", ''Journal of Chemical Physics'' '''141''', 134201 (2014).
V. Coppolaro, N. Papi, A. Khanbekyan, C. Marinelli, L. Marmugi, L. Moi, L. Corradi, A. Dainelli, H. Arikawa, T. Ishikawa, Y. Sakemi, R. Calabrese, G. Mazzocca, L. Tomassetti, L. Ricci, "Light desorption from an Yttrium neutralizer for Rb and Fr Magneto-Optical Trap loading" ''Journal of Chemical Physics'', in press ('''2014''').
L. Ricci, A. Bertoldi, D. Bassi, "A Toroidal Magnetic Guide for Neutral Atoms" in ''Laser Physics at the Limits'', H. Figger, D. Meschede, C. Zimmermann (Eds.), Springer--Verlag, Berlin Heidelberg '''2002''', pp. 477--485; ISBN--10: 3540424180.
L. Ricci, A. Bertoldi, D. Bassi, "A Toroidal Magnetic Guide for Neutral Atoms" in ''Laser Physics at the Limits'', H. Figger, D. Meschede, C. Zimmermann (Eds.), Springer-Verlag, Berlin Heidelberg '''2002''', pp. 477-485; ISBN-10: 3540424180.
L. Ricci and G. Tecchiolli, "A neural system for frequency control of tunable laser sources", Imtc/97 - Ieee Instrumentation & Measurement Technology Conference: Sensing, Processing, Networking, Proceedings Vols 1 and 2, pp. 251–256; ISBN: 1091-52810-7803-3748-4.
F. Schmidt-Kaler, T. Andreae, W. König, D. Leibfried, L. Ricci, M. Weitz, R. Wynands, C. Zimmermann, T.W. Hänsch, "High Resolution Spectroscopy of the 1S-2S Transition in Atomic Hydrogen" in ''Atomic Physics 13'', edited by H. Walther, T.W. Hänsch and B. Neizert, American Institue of Physics, New York '''1993''', pp. 31-43; ISBN--10: 1563960575.
F. Schmidt-Kaler, T. Andreae, W. König, D. Leibfried, L. Ricci, M. Weitz, R. Wynands, C. Zimmermann, T.W. Hänsch, "High Resolution Spectroscopy of the 1S-2S Transition in Atomic Hydrogen" in ''Atomic Physics 13'', edited by H. Walther, T.W. Hänsch and B. Neizert, American Institue of Physics, New York '''1993''', pp. 31-43; ISBN-10: 1563960575.
V. Coppolaro, N. Papi, A. Khanbekyan, C. Marinelli, L. Marmugi, L. Moi, L. Corradi, A. Dainelli, H. Arikawa, T. Ishikawa, Y. Sakemi, R. Calabrese, G. Mazzocca, L. Tomassetti, L. Ricci, "Light desorption from an Yttrium neutralizer for Rb and Fr Magneto-Optical Trap loading", ''Journal of Chemical Physics'', in press ('''2014''').
N. Pace, L. Ricci and S. Negrini "A comparison approach to explain risks related to X-ray imaging for scoliosis", ''Scoliosis'', '''8''', 11 ('''2013''').
L. Tosatto, A. O. Andrighetti, N. Plotegher, V. Antonini, I. Tessari, L. Ricci, L. Bubacco, M. Dalla Serra, "Alpha-synuclein pore forming activity upon membrane association" ''BBA (Biochimica et Biophysica Acta) - Biomembranes'', '''1818''' 2876-2883 ('''2012''').
A. Vilardi, D. Tabarelli, L. Botti, A. Bertoldi, L. Ricci, "Measurement and modelling of enhanced absorption Hanle effect resonances in '^85^'Rb", ''J. Phys. B: At. Mol. Opt. Phys.'', ''42'', 055003 ('''2009''').
A. Bertoldi, L. Ricci, "Gravito-magnetic trapping of '^85^'Rb", ''J. Phys. B: At. Mol. Opt. Phys.'', ''41'', 155301 ('''2008''').
L. Ricci, D. Bassi, A. Bertoldi, "Combined static potentials for confinement of neutral species", ''Phys. Rev. A'', ''76'', 023428 ('''2007''').
"Small-sample characterization of stochastic approximation staircases in forced-choice adaptive threshold estimation", ''Perception & Psychophysics'', ''69'', 254 ('''2007''').
A. Bertoldi, L. Botti, D. Covi, R. Buffa, D. Bassi, L. Ricci, "Noise and response characterization of an anisotropic magnetoresistive sensor working in a high-frequency flipping regime", ''Eur. Phys. J. Appl. Phys.'', ''33'', 51 ('''2006''').
L. Botti, R. Buffa; A. Bertoldi, D. Bassi, L. Ricci, "Noninvasive system for the simultaneous stabilization and control of magnetic field strength and gradient"
''Rev. Sci. Instrum.'', ''77'', 035103 ('''2006''').
A. Bertoldi, D. Bassi, L. Ricci; D. Covi; S. Varas, "Magnetoresistive magnetometer with improved bandwidth and response characteristics", ''Rev. Sci. Instrum.'', ''76'', 065106 ('''2005''').
L. Ricci, "Dante's insight into galilean invariance", ''Nature'', ''434'', 717 ('''2005''').
A. Boschetti, D. Bassi, E. Jacob, S. Iannotta, L. Ricci, M. Scotoni, "Resonant photoacoustic simultaneous detection of methane and ethylene by means of a 1.63-$\mu$m diode laser", ''Appl. Phys. B'', ''74'', 273 ('''2002''').
L. Ricci, A. Bertoldi, D. Bassi, "Winding shape optimization for asymmetric confinement magnets", ''Rev. Sci. Instrum.'', ''73'', 3181 ('''2002''').
''Europhys. Lett.'', ''49'', 8 (''2000'').
M. Prevedelli, F. S. Cataliotti, E. A. Cornell, J. R. Ensher, C. Fort, L. Ricci, G. M. Tino, M. Inguscio, "Trapping and cooling of potassium isotopes in a double-magneto-optical-trap apparatus", ''Phys. Rev. A'', ''59'', 886 ('''1999''').
F.S. Cataliotti, E.A. Cornell, C. Fort, M. Inguscio, F. Marin, M. Prevedelli, L. Ricci, G.M. Tino, "Magneto-optical trapping of Fermionic potassium atoms", ''Phys. Rev. A'', ''57'', 1136 ('''1998''').
L. Ricci, G. Tecchiolli, "A Neural Controller for the Determination of the Frequency Difference Between Laser Sources", ''IEEE Trans. Instrum. Meas.'', ''47'', 858 ('''1998''').
J. Walz, S.B. Ross, C. Zimmermann, L. Ricci, M. Prevedelli, T.W. H\"ansch, "Confinement of electrons and ions in a combined trap with the potential for antihydrogen production", ''Hyperfine Interact.'', ''100'', 133 ('''1996''').
J. Walz, S.B. Ross, C. Zimmermann, L. Ricci, M. Prevedelli, T.W. Hänsch, "Combined Trap with the Potential for Antihydrogen Production", ''Phys. Rev. Lett.'', ''75'', 3257 ('''1995''').
C. Zimmermann, V. Vuletic, A. Hemmerich, L. Ricci, T.W. Hänsch, "Design for a compact tunable Ti:sapphire laser", ''Opt. Lett.'', ''20'', 297 ('''1995''').
L. Ricci, M. Weidemuller, T. Esslinger, A. Hemmerich, C. Zimmermann, V. Vuletic, W. K\"onig, T.W. Hänsch, "A compact grating-stabilized diode laser system for atomic physics", ''Opt. Commun.'', ''117'', 541 ('''1995''').
L. Ricci, C. Zimmermann, V. Vuletic, T. W. Hänsch, "Generation of cylindrically symmetric magnetic fields with permanent magnets and $\mu$-metal", ''Appl. Phys. B'', ''59'', 195 ('''1994''').
F. Schmidt-Kaler, T. Andreae, W. K\"onig, D. Leibfried, L. Ricci, M. Weitz, R. Wynands, C. Zimmermann, T.W. H\"ansch, "High Resolution Spectroscopy of the 1S-2S Transition in Atomic Hydrogen", in ''Atomic Physics 13'', edited by H. Walther, T.W. Hänsch and B. Neizert, American Institue of Physics, New York '''1993''', pp. 31-43; ISBN--10: 1563960575.
"Lamb dip and infrared-radio frequency double resonance spectroscopy of '^85^'OsO$_4$"
''J. Chem. Phys.'', ''94'', 2509 ('''1991''').
C. Fort, M. Prevedelli, F. Minardi, F. S. Cataliotti, L. Ricci, G. M. Tino M. Inguscio, "Collective excitations of a '^85^'Rb Bose condensate in the Thomas-Fermi regime" ''Europhys. Lett.'' '''49''', 8 (''2000'').
V. Coppolaro , N. Papi , A. Khanbekyan , C. Marinelli , L. Marmugi , L. Moi , L. Corradi , A. Dainelli , H. Arikawa , T. Ishikawa , Y. Sakemi , R. Calabrese , G. Mazzocca , L. Tomassetti , L. Ricci , "Light desorption from an Yttrium neutralizer for Rb and Fr Magneto-Optical Trap loading", ''Journal of Chemical Physics'', in press ('''2014''').
M. Franchi, L. Ricci "Appropriateness of dynamical systems for the comparison of different embedding methods via calculation of the maximum Lyapunov exponent" Journal of Physics: Conference Series'' '''490''', 012094 ('''2014''').
V. Coppolaro , N. Papi , A. Khanbekyan , C. Marinelli , L. Marmugi , L. Moi , L. Corradi , A. Dainelli , H. Arikawa , T. Ishikawa , Y. Sakemi , R. Calabrese , G. Mazzocca , L. Tomassetti , L. Ricci , "Light desorption from an Yttrium neutralizer for Rb and Fr Magneto-Optical Trap loading", ''Journal of Chemical Physics'', in press (2014).
M. Franchi, L. Ricci "Appropriateness of dynamical systems for the comparison of different embedding methods via calculation of the maximum Lyapunov exponent" Journal of Physics: Conference Series'' '''490''', 012094 (2014).
*V. Coppolaro , N. Papi , A. Khanbekyan , C. Marinelli , L. Marmugi , L. Moi , L. Corradi , A. Dainelli , H. Arikawa , T. Ishikawa , Y. Sakemi , R. Calabrese , G. Mazzocca , L. Tomassetti , L. Ricci , "Light desorption from an Yttrium neutralizer for Rb and Fr Magneto-Optical Trap loading", ''Journal of Chemical Physics'', in press (2014).
membrane association" ''BBA (Biochimica et Biophysica Acta) - Biomembranes'', '''1818''' 2876-2883 ('''2012''').
D. Tabarelli, A. Vilardi, C. Begliomini, F. Pavani, M. Turatto, L. Ricci, "Statistically robust evidence of stochastic resonance in human auditory perceptual system", ''Eur. Phys. J. B'', in press, ('''2009''').
"Small-sample characterization of stochastic approximation staircases in forced-choice adaptive threshold estimation", ''Perception \& Psychophysics'', ''69'', 254 ('''2007''').
J. Walz, S.B. Ross, C. Zimmermann, L. Ricci, M. Prevedelli, T.W. H\"ansch, "Combined Trap with the Potential for Antihydrogen Production", ''Phys. Rev. Lett.'', ''75'', 3257 ('''1995''').
C. Zimmermann, V. Vuletic, A. Hemmerich, L. Ricci, T.W. H\"ansch, "Design for a compact tunable Ti:sapphire laser", ''Opt. Lett.'', ''20'', 297 ('''1995''').
L. Ricci, M. Weidem\"uller, T. Esslinger, A. Hemmerich, C. Zimmermann, V. Vuletic, W. K\"onig, T.W. H\"ansch, "A compact grating-stabilized diode laser system for atomic physics", ''Opt. Commun.'', ''117'', 541 ('''1995''').
L. Ricci, C. Zimmermann, V. Vuletic, T. W. H\"ansch, "Generation of cylindrically symmetric magnetic fields with permanent magnets and $\mu$-metal", ''Appl. Phys. B'', ''59'', 195 ('''1994''').
F. Schmidt-Kaler, T. Andreae, W. K\"onig, D. Leibfried, L. Ricci, M. Weitz, R. Wynands, C. Zimmermann, T.W. H\"ansch, "High Resolution Spectroscopy of the 1S-2S Transition in Atomic Hydrogen", in ''Atomic Physics 13'', edited by H. Walther, T.W. H\"ansch and B. Neizert, American Institue of Physics, New York '''1993''', pp. 31-43; ISBN--10: 1563960575.
A. Bertoldi, L. Ricci, "Gravito--magnetic trapping of '^85^'Rb", ''J. Phys. B: At. Mol. Opt. Phys.'', ''41'', 155301 ('''2008''').
"Small--sample characterization of stochastic approximation staircases in forced--choice adaptive threshold estimation", ''Perception \& Psychophysics'', ''69'', 254 ('''2007''').
A. Bertoldi, L. Botti, D. Covi, R. Buffa, D. Bassi, L. Ricci, "Noise and response characterization of an anisotropic magnetoresistive sensor working in a high--frequency flipping regime", ''Eur. Phys. J. Appl. Phys.'', ''33'', 51 ('''2006''').
A. Boschetti, D. Bassi, E. Jacob, S. Iannotta, L. Ricci, M. Scotoni, "Resonant photoacoustic simultaneous detection of methane and ethylene by means of a 1.63--$\mu$m diode laser", ''Appl. Phys. B'', ''74'', 273 ('''2002''').
M. Prevedelli, F. S. Cataliotti, E. A. Cornell, J. R. Ensher, C. Fort, L. Ricci, G. M. Tino, M. Inguscio, "Trapping and cooling of potassium isotopes in a double--magneto--optical--trap apparatus", ''Phys. Rev. A'', ''59'', 886 ('''1999''').
F.S. Cataliotti, E.A. Cornell, C. Fort, M. Inguscio, F. Marin, M. Prevedelli, L. Ricci, G.M. Tino, "Magneto--optical trapping of Fermionic potassium atoms", ''Phys. Rev. A'', ''57'', 1136 ('''1998''').
L. Ricci, M. Weidem\"uller, T. Esslinger, A. Hemmerich, C. Zimmermann, V. Vuletic, W. K\"onig, T.W. H\"ansch, "A compact grating--stabilized diode laser system for atomic physics", ''Opt. Commun.'', ''117'', 541 ('''1995''').
L. Ricci, C. Zimmermann, V. Vuletic, T. W. H\"ansch, "Generation of cylindrically symmetric magnetic fields with permanent magnets and $\mu$--metal", ''Appl. Phys. B'', ''59'', 195 ('''1994''').
F. Schmidt-Kaler, T. Andreae, W. K\"onig, D. Leibfried, L. Ricci, M. Weitz, R. Wynands, C. Zimmermann, T.W. H\"ansch, "High Resolution Spectroscopy of the 1S--2S Transition in Atomic Hydrogen", in ''Atomic Physics 13'', edited by H. Walther, T.W. H\"ansch and B. Neizert, American Institue of Physics, New York '''1993''', pp. 31--43; ISBN--10: 1563960575.
"Lamb dip and infrared--radio frequency double resonance spectroscopy of '^85^'OsO$_4$"
"Winding shape optimization for asymmetric confinement magnets"
"A Toroidal Magnetic Guide for Neutral Atoms"
''in ``Laser Physics at the Limits'', H. Figger, D. Meschede, C. Zimmermann (Eds.), Springer--Verlag, Berlin Heidelberg 2002, pp. 477--485; ISBN--10: 3540424180.
"Collective excitations of a '^85^'Rb Bose condensate in the Thomas--Fermi regime"
"Trapping and cooling of potassium isotopes in a double--magneto--optical--trap apparatus"
"Magneto--optical trapping of Fermionic potassium atoms"
"A Neural Controller for the Determination of the Frequency Difference Between Laser Sources"
"Confinement of electrons and ions in a combined trap with the potential for antihydrogen production"
"Combined Trap with the Potential for Antihydrogen Production"
"Design for a compact tunable Ti:sapphire laser"
"A compact grating--stabilized diode laser system for atomic physics"
"Generation of cylindrically symmetric magnetic fields with permanent magnets and $\mu$--metal"
"High Resolution Spectroscopy of the 1S--2S Transition in Atomic Hydrogen"
''in ``Atomic Physics 13'', edited by H. Walther, T. W. H\"ansch and B. Neizert, American Institue of Physics, New York 1993, pp. 31--43; ISBN--10: 1563960575.

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


Attorney to attorney interactions often are a battleground of skill, knowledge and personalities. It is the personality component that can lead to the same dysfunctional relationship between the attorneys that the parties experience with each other. We explore these sometimes explosive relationships and provide effective tools for attorneys to manage the most difficult and possibly high conflict personality opposing attorney.
These high conflict attorneys will be referred to as the Dismissive and the Bully. For these attorneys, the conflict is driven to some degree by life-long patterns of behavior rather than the issues. How these very difficult people are handled can cause the attorney-attorney relationship to either reach the abyss or be manageable.
These attorneys make a big deal of small things, ask for unnecessary information, drag out negotiations or turn common courtesies into bargaining chips. Other signs of lack of courtesy include refusing to get to know you personally, displaying no sense of humor, ignoring phone calls and emails or snubbing you with, “I have to speak to my client,” and never calling back.
Lying about basic facts or making up facts.
Agreeing to certain terms while on the phone then sending a document omitting, changing or adding material terms never discussed.
Bully and Dismissive attorneys are very invested in winning. It is necessary to keep their ego intact. These dysfunctional attorneys fight as if their life depended on it. Engaging in the battle will result in two losers. When you participate in a personal war with opposing counsel, you will pay emotionally and ultimately physically — and your client will pay more for the process. A lot goes on very quickly during verbal and email communications which, if we are not tuned into moment to moment, may trigger actions that contribute to a dysfunctional or unprofessional relationship with the opposing attorney (Cal. Bus. & Prof. Code § 6068(e); Prof. Conduct Rule 3-100; Cal Ev C sec. 954, 955 . Elijah W v. Superior Court, 216 Cal.App.4th 140 (2013) (An attorney’s ethical duty of confidentiality to his or her client is broader than the lawyer-client privilege and protects virtually everything the lawyer knows about the client’s matter regardless of the source of the information). Responding in kind is not effective. While it is difficult to resist, and for some, exhilarating to jump into such a battle, ignore it. Don’t become engaged in that fight. Aggression can escalate forever. In negotiations, it blocks deals from getting done.
Attorneys often speak over each other. When you are dealing with difficult opposing counsel, resist the urge to interrupt because listening is one of your most powerful tools. Everyone likes others to listen to them, especially Dismissive and Bully attorneys. If you listen to them it is likely that opposing counsel will provide you with important information.
Focus on the substance of what is said, not tone or volume.
When listening to opposing counsel, listen also to the emotional content of their message. Identifying emotions can provide valuable insight into their priorities, values and intentions. Opposing counsel could be lying, or they could be fearful of losing on a particular issue or many issues.
Reacting only draws you, and your client, into the opposing attorney’s side of the game where you cannot win.
Ways to manage your emotions include engaging in activities that are pleasant. Go for a walk or even strenuous exercise, listen to music, and seek out a confidant who can help you see the funny side of the situation. If you discuss the case be sure to not reveal confidential information. (Cal. Bus. & Prof. Code § 6068(e); Prof. Conduct One of the original and best resources is Mindfulness: Foundational Training For Dispute Resolution, Prof. Leonard L. Riskin, Journal of Legal Education, Vol. 54, Number 1, (2004). For a brief synopsis see Harvard Health Help Guide, Benefits of Mindfulness, Rule 3-100; Cal Ev C sec. 954, 955 . Elijah W v. Superior Court, 216 Cal.App.4th 140 (2013) (An attorney’s ethical duty of confidentiality to his or her client is broader than the lawyer-client privilege and protects virtually everything the lawyer knows about the client’s matter regardless of the source of the information).
Do not criticize the opposing attorney, Dismissive, Bully or otherwise. It will immediately downgrade communication and the relationship. Instead, blame everything on the clients and keep the communication professional. Reciprocating can make you look bad. One attorney shared that while in the judge’s chambers, she heard opposing counsel tell something to the judge she thought was a lie. She struck back by telling the judge the other attorney had not been honest. After the meeting in chambers, she felt she and the other attorney had argued like children. She felt she had made an unprofessional impression on the judge.
One attorney recommends being candid and acknowledge being unreasonable. She suggests, “I may have reacted. Let’s revisit this issue.” This changes the tone of the conversation and possibly the relationship.
Before things spiral out of control another attorney attempts to mend bridges by apologizing on the phone or in a letter. “Let me try again. It was inappropriate.” On occasion the other attorney may say, “We both have terrible clients. Let’s agree that when the case is done we will meet for martinis (Nic’s Beverly Hills; Bar Agricole, San Francisco; Noble Experiment, San Diego, so chic reservations by txt only) or chocolates (Compartes, Brentwood; Recchiute Confections, San Francisco; Eclipse Chocolate, San Diego)..
One attorney deals with the opposing counsel’s outrageous behavior by drafting a nasty letter that covers the complete catalog of miserable acts. Then she tears up the letter. This is a very therapeutic process. Then she writes the appropriately professional letter.
Not reacting to difficult opposing counsel is fundamental. When the opposing attorney is aggressive or abrasive, do not take it personally. High conflict personality types, including Dismissive and Bully attorneys, have learned to deactivate and minimize their feelings. As a result those interacting with them feel frustrated, while they seem to feel nothing. Interactions with this type of opposing counsel can trigger all kinds of reactions in us, and it can be difficult to know what to do. Things are confrontational only if you allow them to be.
Walk away from an avoidable confrontation.
Remind yourself that you know what professional practices are.
When there is a lull in the action, one attorney attempts to establish a human connection. “Do you have kids? What school do they go to?” He learned that their sons were on the same soccer team. The relationship worked much better from then on.
If the opposing attorney exhibits bad behavior in depositions, such as screaming at you or your client, or he continuously seeks information that is not obtainable, such as privileged communication, consider adjourning the deposition. (C.C.P. § 2025.470 (adjourn deposition to obtain motion for protective order) Then reset as a video deposition (C.C.P. § 2025.330(c) (any party may videotape deposition and must give notice) for the purpose of recording the behavior of the Dismissive or Bully attorney. In a discovery motion provide excerpts for the judge so she can see what really is going on. But don’t go overboard because judges hate when attorneys act like squabbling children.
In discovery, one attorney first phones opposing counsel and discusses the need for cooperation in production of information or a narrowed request. If opposing counsel does not cooperate, he files a motion to compel or motion for protective order right away. The faster the motion, the sooner the relationship will shift.
What we do as attorneys depends on what is going on inside ourselves. We are all limited by our thoughts, emotions and habits. Be deliberately aware of what is going on in yourself and your environment, moment to moment. This gives you the opportunity to notice things that influence you, such as emotions and physical sensations. These distract us from what we should be paying attention to. Mindfulness allows us to understand others and eliminate emotional distractions that interfere with good judgment.
When the other attorney gets louder your response should be quieter. When they get more upset, you become calmer: not just outwardly, but inwardly as well. The opposition will initially hate this, but you will be much more effective and they will eventually respect your professional approach. (One of the original and best resources is Mindfulness: Foundational Training For Dispute Resolution, Prof. Leonard L. Riskin, Journal of Legal Education, Vol. 54, Number 1, (2004). For a brief synopsis see Harvard Health Help Guide, Benefits of Mindfulness.
Attorneys who allow their relationships with opposing counsel to break down are not serving their clients. They are merely repeating the dysfunctional behavior that brought their clients to them. As a judge once told one of the attorneys interviewed: “The rules are there for a reason.” Stick to them and you will find your interactions with Bully and Dismissive attorneys will be far more fruitful.
Do not get drawn into their games. Keep your eye on the prize and what you are trying to accomplish in the interests of your client. If what the opposing counsel is trying to move you into does not meet your goals, don’t let yourself spin out of control. Determine to win with intellectual strategies, not emotion games.
This series of articles is the result of extensive interviews with more than forty-five attorneys in Southern California. These attorneys are primarily litigators / trial attorneys and several transactional attorneys. The group has some diversity, male, female and gay, with a range of practice experience from seven to forty-plus with the average of approximately twenty-five years. Additional research was conducted by Marc Stalk, Esq., San Diego.


§ 148-1 Curfew established for minors.
§ 148-2 Definitions; word usage.
§ 148-3 Responsibility of parent or guardian.
§ 148-5 Emergencies; signed note required.
§ 148-6 Responsibility for enforcement.
§ 148-7 Enforcement procedure; records to be kept.
§ 148-8 Notice of first violation.
§ 148-9 Subsequent violations; penalties.
Graffiti — See Ch. 187.
Peace and good order — See Ch. 250.
Skateboards — See Ch. 302.
It shall be unlawful for any person under the age of 18 years to walk, ride, loiter, run through, wander or stroll through or remain upon any of the streets, highways, roads, roadways, alleys, parks or other areas or places open to the public in the Borough of Westville, after the hour of 9:30 p.m., prevailing time, and before 6:00 a.m., prevailing time, unless accompanied by a parent, legal guardian or some duly authorized and accredited custodian at least 21 years of age who exercises control of such minor, except as hereinafter provided.
The person or official who was first informed of or discovered the whereabouts of the minor child standing in violation of this chapter.
A custodial responsibility to a minor child, within the concept of this chapter, owed by any person above the age of 21 years.
Wherever in this chapter the nouns or pronouns relating to offenders denote either the singular or plural, they may be construed to be either singular or plural as the circumstances in any case shall dictate for the attainment of the purposes hereof.
It shall be unlawful for any parent, legal guardian or duly authorized and accredited custodian having lawful care or custody of any child under the age prescribed in § 148-1 hereof to allow or permit any such child or ward to walk, ride, loiter, wander or stroll or remain unaccompanied on or about any of the streets, highways, roads or roadways, alleys, parks or other areas or places open to the public in the Borough of Westville within the periods and hours established and prohibited for use by a child or children of the ages aforesaid in § 148-1 of this chapter unless escorted or accompanied by a parent, legal guardian or duly authorized and accredited custodian, except as hereinafter provided.
The provisions of this chapter shall not apply to any minor child who shall be gainfully and lawfully employed or to any minor child who shall be a bona fide student of a school, college or university of evening instruction, or to any child who shall be in attendance at any evening function sponsored by a religious or school organization or who shall be in attendance at a properly supervised recreational program, during the time necessarily required to travel between such minor child's residence and one or more of the aforesaid places of assembly; provided, however, that the parent, legal guardian or other duly authorized and accredited custodian must at all times be ready to account for the travel period allowed hereunder and be responsible for unforeseen incidents of serious consequences if such minor child shall wander off the safest and most direct route of travel between the child's residence and the said place of assembly.
Should an emergency arise necessitating a minor child under the age prescribed in § 148-1 hereof to be dispatched upon an errand requiring his presence upon any street, highway, road or roadway or any other place or area open to the public during the hours to which the use thereof by such unattended minor child is prohibited hereunder, such child shall have in his or her possession a note or message in writing, signed by a person of his or her household over the age of 21, stating the nature of the errand, the necessity therefor, the place or destination at which the mission is to be accomplished, the time such message was executed and the approximate time required for the errand. Any abuse of the purpose or spirit of this section shall constitute a violation of the provisions of this chapter, punishable as hereinafter provided.
Every member of the Police Department of the Borough of Westville and all other officials charged with law enforcement within said Borough are hereby authorized, empowered and directed to enforce the provisions of this chapter, and it shall be a part of their official duty and obligation to the Mayor and Council and the public at large to follow the directives prescribed in §§ 148-7 and 148-8 hereof.
The first duty of the apprehending officer or official shall be to take the minor child into protective custody. He shall then make a complete record of the circumstances under which the child was first seen and discovered in an apparent violation of the purposes of this chapter, and such record shall include the name and address of the minor child, the names and addresses of all persons who have either legal or moral responsibility for the minor child's well-being and the category of such responsibility (that is, parent, guardian, custodian, etc.).
Upon completion of a record of all salient facts available, the apprehending official shall either order the minor child to return to his home or place of residence forthwith or personally accompany such minor child to his said place of abode or notify a parent, guardian or authorized custodian to call for said child, depending upon all the facts and extremities of the case.
In all cases the apprehending official shall report the facts within 24 hours to the Chief of Police of the Borough of Westville, who in turn shall cause all pertinent allegations, facts and circumstances to be recorded as a permanent record for future reference.
Upon receipt of the report required in the preceding section, it shall be the duty of said Chief of Police to serve a formal notice upon all persons whose names appear in the report of the apprehending officer or official or in any inquiry made as a result of such report, who have or seem to have any legal or moral responsibility for the well-being of the minor child involved, that there has been a violation of this chapter. The notice prescribed shall be captioned "Notice of First Violation of Curfew Ordinance" and shall contain all pertinent facts in any given case. Such notice may be served personally by any member of the Police Department or mailed by registered letter. For the purposes of this chapter, such notice, when duly produced and admitted as evidence in the Municipal Court of the Borough of Westville, shall constitute a basis for proceeding with a trial in which a second or subsequent violation hereof is the offense charged.
Upon the second or subsequent violation of the provisions of this chapter either by a minor child under the age prescribed in § 148-1 hereof or by any parent, legal guardian or otherwise duly authorized and accredited custodian having lawful care or custody of such minor child, the Chief of Police of the Borough of Westville shall cause an appropriate summons to be issued calling for the appearance of the said minor child and all persons who appear to have either a legal or moral responsibility for the care and welfare of such child, and any of the persons in any of the categories specified in this section shall, upon conviction of any violation of this chapter in the Municipal Court of the Borough of Westville, be required to perform community service and may be subject to a fine of up to $1,000. If both a minor child and the minor child's parent or guardian violate this chapter, they shall be required to perform community service together.