Back in the Day: The events that led to the Radical War of 1820 – The National

IF there is one episode in the history of Scotland which is more ignored and misunderstood than the Radical War of 1820, then I cannot think of it.

Also known as the Scottish Insurrection, it was a very short period in Scottish history that could have seen this country torn out of the unequal Union with England and put on a progression to true democracy 100 years before that was achieved with votes for women. Workers rights could have been won decades before the trade union movement arose, and Scotland could have been a beacon to the world in enlightened proper government of a nation.

Instead, the British state mercilessly suppressed the workers movement and executed three of its leaders James Wilson, John Baird and Andrew Hardie. There were other judicial murders and deportations, and innocent civilians were gunned down in the streets, especially in Greenock.

I consider these events of 1820 and their preceding reasons and bitter, but ultimately triumphant, aftermath to be among the most under-reported matters in Scottish history. Many histories and I have a collection of them either ignore it completely or play it down as an aberration at a time when Scotland was really starting to play a part in the British imperial project.

The 200th anniversary of the Radical War will take place in April, and next week the new Paisley Book Festival will launch with an evening dedicated to the work of Maggie Craig, a real expert on Scottish radicalism which will be the theme of the festival. The organisers state: Drawing on the Paisley Radicals of 1820 as inspiration, the Paisley Book Festival will explore how we can honour their challenging ideas and vibrant energy 200 years later.

I wish them every good fortune, and to tie in with the festival, today and over the next fortnight I am going to deal at length with an insurrection that might just might have succeeded in changing Scotland and this nation.

I first wrote about the Radical War in 2018, concentrating in the bloody slaughter in Greenock after the insurrection had ended, and I was amazed at the response from people who confessed they knew nothing about these events. Over the last two years, I have returned again and again to a study of a period that is actually well documented and from which modern proponents of independence and societal reform could learn much.

I will argue that far from being an aberration, the Radical War really did change Scotland because it politicised people in a way not surpassed to the days of Red Clydeside indeed, I will argue that the Radical War paved the way for the upheavals of 1919.

I will also try to show the lessons from history that the Yes movement can learn. Some of my conclusions will not be popular.

Next week I will deal with the actual war itself a one-sided State slaughter in fact and in week three I will show how the aftermath changed Scotland.

Today, however, I want to deal with the events which led up to the 1820 Scottish Insurrection and yes, that is exactly what it was, a violent uprising against the government.

The seeds of the Radical War were sown abroad. After the Jacobite Rising of 1745-46, the monarchy and the UK Government concentrated on suppressing Highland society and culture, aware that much of lowland Scotland had not been involved in Jacobitism indeed, many areas opposed Charles Edward Stuart and there were plenty Scots in the forces of the Duke of Cumberland.

The emigration of Scots to the USA continued apace and while many of them remained true to the Crown, there were many who fought for the Congress forces under George Washington his friends General Hugh Mercer and General Adam Stephen, Brigadier General Arthur St Clair and his personal physician Dr James Craik were all Scots.

The American Revolution and the American War of Independence were known to all Scots, not least because a quarter of all the British forces in the war were Scottish.

That so many subjects of the King were prepared to take up arms to forge a new nation made a big impression on many Scots, and when the French Revolution came along in 1789, it was watched with great interest by many Scots who were agitating for political reform in the UK.

Among them, though operating in secret, was Robert Burns, the exciseman who was in regular contact with many radicals.

He even wrote an ode for George Washingtons birthday which made clear where his sympathies lay.

See gathering thousands, while I sing,

A broken chain exulting bring,

And dash it in a tyrants face,

And dare him to his very beard,

And tell him he no more is feared-

No more the despot of Columbias race!

A tyrants proudest insults bravd,

They shout-a People freed!

WITH the French Revolution ongoing, the British establishment was terrified of the reformers who fought with words, pamphlets and even cartoons some of the depictions of King George III bordered on the treasonable.

The most influential document of the time was the Rights of Man, published by Thomas Paine in 1791 as a direct reply to Edmund Burke whose Reflections on the Revolution in France contained these words: Those who attempt to level, never equalise. No wonder Burns called him a poisonous reptile. Paine hit back hard, and in contrast to Burkes sales of 30,000, mainly to the land-owning class, Rights of Man is said to have sold half a million copies worldwide. It contained revolutionary ideas such as the abolition of hereditary rights he did not, however, advocate the overthrow of the monarch and a written constitution for the UK.

One passage has always seemed correct to me: Individuals, themselves, each, in his own personal and sovereign right, entered into a contract with each other to produce a government: and this is the only mode in which governments have a right to arise, and the only principle on which they have a right to exist.

In other words, sovereignty resides with the people. No wonder Paines work had such an impact in Scotland, nor that the establishment sentenced him to death for seditious libel against the Crown, a sentence never carried out because he fled to France his prosecutor, by the way, was a Scot, Sir Archibald Macdonald.

Paines Rights of Man heavily influenced the reformers in Scotland in the 1790s, of whom the most famous is Thomas Muir of Huntershill, the radical lawyer who was an ardent campaigner for democracy he is known as the Father of Scottish Democracy.

Muir came to prominence in the Society of the Friends of the Scottish People, a reforming organisation which held conventions in 1792 and 1793. He thought it simply wrong that Scotland should have just 3000 people electing all its MPs, or that so many seats were uncontested because the electorate knew the result in advance. This was a time when local authorities were often self-selected, and lords and lairds dictated how people voted.

Muir was charged with sedition, particularly for speaking against the Union, and after a show trial was sentenced to be deported to Australia for 14 years.

Lord Braxfield, Scotlands hanging judge, said in his summing up: A government in every country should be just like a corporation; and, in this country, it is made up of the landed interest, which alone has a right to be represented. As for the rabble, who has nothing but personal property, what hold has the nation on them?

Muirs own speech has gone into history: What then has been my crime? Not the lending to a relation a copy of Mr Paines works; not the giving away to another a few numbers of an innocent and constitutional publication; but for having dared to be, according to the measure of my feeble abilities, a strenuous and active advocate for an equal representation of the people, in the house of the people; for having dared to attempt to accomplish a measure, by legal means, which was to diminish the weight of their taxes, and to put an end to the effusion of their blood.

From my infancy to this moment, I have devoted myself to the cause of the people. It is a good cause. It will ultimately prevail. It will finally triumph.

Muir was not the only one to suffer such a fate simply for arguing for political reform. The government crackdown on reformers saw several more people deported, and Muir was accompanied on his ship to Australia by fellow radicals William Skirving, Maurice Margarot and Thomas Palmer.

After war with France broke out and the conflict escalated, the cause of reform dwindled away as the government made a plea to patriotism in the face of the enemy. They made a serious mistake, however, with the Militia Act of 1797, which was resented across Scotland but which was imposed without armed revolution against the authorities. Resentment was building up, albeit quietly.

Radicalism and reform went underground in the final years of the 18th century and the first years of the 19th century. An organisation of radicals called the United Scotsmen briefly flirted with the idea of joining the United Irishmen in a rising against the government, but there simply was not the support for it and it collapsed in 1798 with the trial and deportation of its Dundonian leading figure, George Mealmaker.

If truth be told, though there had been local committees across Scotland, there was no mass uprising for the cause of reform, and that remained the case until well into the second decade of the 19th century, especially as Britain was soon fighting not just France but also the USA from 1812.

In the first decade of the 19th century, Scotland saw economic decline despite the advance of the industrial revolution, largely because weavers, then a large part of the working class, saw their earnings halved on average. Organising themselves into local unions, in 1812 they petitioned the courts for an increase in wages. This was granted but employers would not pay, and so the first major strike in Scottish industry in the 19th century took place, lasting nine weeks and ending only when the authorities arrested the leaders in Glasgow and put them in jail for months at a time.

The growth of the Luddite movement is often credited to that Scottish strike. It embraced weavers, factory workers and miners, and was soon a real threat to the authority of the capitalist class. Yet wherever potential revolution broke out, the various arms of the government, including the military, reacted with ferocity and reform was kept at bay.

In 1815, Waterloo ended the Napoleonic Wars and in a few short months, economic hardship across the UK proved disastrous for working people. Discharged soldiers came back into the community but there were precious few jobs for them. In 1816, a huge meeting on Glasgow Green which apparently involved 40,000 people heard calls for governmental reform and an end to the hated Corn Laws which blocked the importation of cheap grain from abroad.

Scotland was ripe for radical reform. It started in England.

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Back in the Day: The events that led to the Radical War of 1820 - The National

International Day of Women and Girls in Science: Perspective From Dr. Migi Matthews, a Latina in STEM – BELatina

For a century, the United States has turned its focus to particular groups within our population, honoring them for a day, a week, and up to a month. Veterans Day is perhaps the first example, dating back to late 1919 when it began as a celebration of Armistice Day at the end of World War I. This was a first effort to shine the spotlight on war heroes in recognition of their service.

By the 1920s, the practice of designating a date to pay tribute to a specific demographic was a way of paying tribute to the contributions of minority populations that continued to be marginalized in society. The work of inclusion, recognition, and even reparation was attempted by these weeks, widening the dominant paradigm and narrative to allow for those formerly erased.

For example, historian Carter G. Woodson inaugurated what he called Negro History Week in 1926, in an attempt to incorporate the African-American experience into the master narrative of American history. A week in February was chosen, coinciding with the birthdays of Abraham Lincoln, the president who outlawed slavery, and Frederick Douglass, who escaped the cruel and unusual institution to spend the rest of his life fighting for freedom.

Emerging 50 years after Emancipation and 50 before the abolition of Jim Crow laws, by the 1970s, the week would become a month Black History Month dedicated, to paraphrase President Ford, to rectify the gross omission of the vast contributions of African Americans to the nation. Just as the purpose of Februarys designation is to recognize Black Americans, other marginalized demographics have also found a place on the calendar to call their own: National Hispanic Heritage Month (September), Asian Pacific American Heritage Month (May), Womens History Month (March).

By the same logic, the fact that on February 11th we observe the International Day of Women and Girls in Science is proof that the role we play in STEM was in dire need of some attention across the world. Historically, the presence of women in science-related fields has been one of those absurd taboos in cultures around the world, as traditional gender roles have played into keeping women tied to domesticity and absent from spaces of inquiry, like laboratories.

One would think that the smattering of prominent female scientists, those who managed to upturn these ossified conventions of the 20th century (chemists like Marie Curie, engineers like Amelia Earhart, astrophysicists like Katherine Johnson), would have sufficiently proven the exception to the rule theory, but no. Instead, it took a resolution passed by the United Nations in 2016 to highlight that the 21st century will require more of us as a species. It will be so much, in fact, that we will no longer have the luxury to squander the talents of more than half our global population by keeping women out of STEM.

This day of celebration and recognition is a step in promoting gender equality and the advancement of science and infrastructure, in the hopes of increasing egalitarianism by 2030. At the moment, while women make up right around 51% of the worlds population, only 30% of researchers across the world are women. The statistics around the number of women who pursue STEM careers and work in manufacturing, construction, engineering, and related fields are even more disproportionately low. Clearly, we still need at least one day a year to shine a light onto all of our smart-at-STEM women and girls.

Here at BELatina, we didnt have to look much further than our backyard to find a remarkable member of the STEM community. Just as we are blessed to be surrounded by Latina artists, educators, and entrepreneurs in our communities, we can also find surgeons, architects, and, in this case, specialized researchers, working daily to use their knowledge and expertise for the public good. Highlighting the contributions of one of these women is our celebration of International Day of Women and Girls in Science, a spotlight on one Latina who has helped lay down a path for others to follow.

Miguelina Matthews was born and raised in Manhattan, surrounded by a large extended family. Latina might be too general a label for this scientist who now works for a pharmaceutical company. More precisely, Dr. Matthews refers to herself as a Jewminican, half Dominican (on moms side), half Ashkenazi Jewish (on dads), fully identifying with both of her families cultures.

Dr. Matthews grew up with her Spanish-speaking tas and grandmother, as well as her fathers English-speaking family, comfortably switching between the two. Her proximity to both languages and the fact that her father didnt learn Spanish (Until recently, she chuckled, noting that all of a sudden, he seems to have a much greater command and comprehension than she remembered) firmly established her bilingualism. Spanish, though spoken domestically only, took sufficient root enough in her that she doubled up on majors, pursuing both a pre-med curriculum and a B.A. in Spanish literature.

During her early years, attending a girls-only elementary school in Manhattan, Dr. Matthews was keenly aware of her languages and cultures at home. She felt then, and does still now, fully of her mothers family and fully of her Bronx-born, Jewish family. The aspects of her hybridity refreshingly coexist without conflict, and I begin to ascribe her ease and self-awareness to New York Citys signature multiculturalism. But Dr. Matthews, who I have been calling by her familiar nickname, Migi, quicker disabuses me of that notion.

None of the people in my elementary school looked like me, she assures me, noting that her cohort was largely Jewish but no one she knew spoke Spanish like her mother and their family. I take a moment to process this as a Jew growing up in Latin America, my Jewish-ness is what set me apart.

I ask Migi how this played out in effect, this homogeneity at her school, thinking about both her and my experience as Bizarro-versions of each other. I vaguely remember feeling that I shouldand I dont know if someone actually said it or if I just felt as if I should butI thought I needed to straighten my hair.

Same! I exclaim, carried away, and quickly try to bring it back to her but she seems as piqued by this mirror as I am. Do you straighten it now? I ask, clarifying that I dont bother, living in a humid climate.

No, not really, she said, and we both leave the rest unsaid, though Im confident we are both long past the point of feeling the pressure to pass.

But as girls in grade school, identity is still raw, more a vulnerability than an asset. Standing out from the crowd can be difficult. Anecdotally, I have never felt more Jewish than when I lived in Colombia, where I was very much in the minority. I imagine Migis Latinidad may have been a tricky wave to surf at a small, culturally uniform, unisex school, but difference is also a strong galvanizing force. She acknowledges the great gift her family gave her by sending her to private school, noting that though she felt different from everyone else, she found ways to navigate. In fact, Dr. Matthews acknowledges, she was happy to move onto a more diverse high school, one which, at the very least, also included boys.

We must be exact contemporaries, Migi and I, I thought when her name jumped off the page of my monthly assignment sheet. As my mental Rolodex whirred through a couple of decades, it settled on my first years in the U.S., when I arrived for college. I couldnt call up a face but felt as if this name Miguelina Matthews its simultaneous here-ness and there-ness, was one I had read on an attendance list or a program.

Indeed, when I ask Migi if she went to Cornell for undergrad, she quickly confirms that we overlapped exactly. Given her diverse interests in both the arts and the sciences, it is quite likely that we sat in the same class at least once. Im definitely a face person, Im sure if I saw you, I would remember you, she notes graciously and I laugh because now I know I must have seen her name written out Im definitely more of a name person.

Being at the same college during the same part of the decade, both of us GenXers, we might have both been sitting in the same Spanish literature class right around the time the word Hispanic was being replaced by Latino. Due to our peculiar background, however, me being Latin American (not Latina) and she being raised in Manhattan, where individualism is prized as a personality trait, we were in some ways spared the politics of this particular issue. Instead, after years of serving as representatives of our minority cultures, we were both released to a school with over 20,000 students, a place where diversity thrives as the inevitable result of the numbers game.

How did you like going to such a big and diverse school, I ask her, thinking of the relief I felt when I left behind my years of moving through each grade with the same batch of 80 people. Nothing about the class size at Cornell was intimidating to Dr. Matthews when she went there, in part, she says, because her father is an alumnus and shed had the opportunity to visit the campus and become familiar with its breadth.

Instead, she remembers those years as being full of intense self-learning. Dr. Matthews went to college convinced that she would become a medical doctor. Unlike many freshmen, she started out with complete conviction, having always had a focused interest in biological sciences. She realized pretty quickly, mainly through following the prescribed pre-med curriculum, that her happy place was the lab, not the library. Losing momentum in her path toward pursuing an M.D., Migi ended up taking her degree in literature and leaving one or two classes in her biology major undone, graduating early but a few credits short of completing that second degree.

Though she was put off from pursuing a medical degree, Dr. Matthews mentorship under Professor Elaine Tolson at the Vet School inspired her to stay in Ithaca for an extra semester. Though she had taken her degree, she wanted to stay and live the last few months of college life with her friends, sure, but the work she was doing up with Professor Tolson inspired her: research on Lyme disease. Her work in the lab even propelled her to finish all of the coursework she had left undone classes in epidemiology and microbiology (also taught by inspiring female professors) and develop a passion for studying infectious disease.

After getting that first degree, Dr. Matthews enrolled at SUNY Stonybrook, one of the leading programs on infectious disease at the time. Her degree program required her to rotate through various labs for a year, searching for the right fit and committing to a single lab that focuses on a particular set of diseases. She did this very thing, only to find herself in a predicament: a year after joining the lab, the professor that ran it moved to Yale University, essentially to inaugurate their infectious disease lab. Migi moved with him, loading up everything from vials and cultures to tanks of liquid nitrogen into the back of the truck and helping to drive the entire operation from Stonybrook to New Haven, she reminisces. (Today, Yale boasts one of the leading labs in the country, a direct result of this move).

At Yale, Migi became Dr. Matthews, not a medical doctor as she once imagined she would be, but a PhD in infectious diseases, with a specialty in pneumonia and similar viruses. That reminds me, I interrupt. This doesnt have to do with women in STEM but what do you think about the Coronavirus? I ask, feeling somewhat embarrassed about my question.

But then Im suddenly so glad I did, as Dr. Matthews is reminded of a story that makes me both cringe and laugh at once, empathizing with the discomfort she must have felt at the time. Evidently, she defended her dissertation in 2003, right around when the SARS outbreak had the whole world worried as we are now. Once she finished her presentation, she realized in horror that her father, invited to bear witness to her defense, had raised his hand to ask a question. Tentatively, Migi calls on him and he asks: What does your research have to do with SARS?, essentially asking her to solve the global conundrum or at least think fast to come up with a good response. She must have done just that because she passed her defense, but the stress of the moment has erased her memory of what exactly that was.

After obtaining her doctorate, Migi was expected to take on one post-doctoral position after the next, a convention of her field. These low-paying, high-output positions were not at all what she had in mind. She realized soon after graduation that she would have to jump through the right hoops in order to eventually land an academic position running her own lab and decided this wasnt a good fit for her. Yale, she reflects, did a poor job preparing us for any job outside academia. And I didnt want to be post-doc forever. And I didnt want to move too far from my family in NYC. From my vantage point in the humanities, I had a similar experience.

So what did you do, I ask her. How did you get out? Migi told me about attending a job fair in New York just after she took her doctoral degree. She was offered a position at a molecular biology company, asked to create a diagnostic. She took the job and never looked back. Were your friends in academia supportive, I ask, and I can practically see her shaking her head no.

They thought I was a sell-out, at first, she says, noting that it was rare at the time not to follow the academic path. Evidently today, these non-academic jobs are less rare. Did they come around? I desperately want to know. Eventually, yes, she says. Some of them did.

One of Dr. Matthews favorite jobs was in vaccine manufacturing. She felt fulfilled by following her viruses full circle from understanding them, to curing them, to preventing them. An expert in pneumonia and similar diseases, that position was practically custom made. She has worked in research and development positions, manufacturing, and now in high-detail global quality control. Traveling around the world to places that produce both injectable and tablet-form medications, Miguelina Matthews makes sure that these various labs are doing their job correctly.

Over the last 17 years, Dr. Matthews has had her fair share of job environments and managers. We talk about the great bosses shes had, noting that many, though not all, have been women. More than their gender, she reflects on the qualities of a good boss: Someone who gives positive reinforcement, support, and credit when its due. She cites listening as the most crucial skill and micromanaging as the most destructive to her work. In previous positions, she, too, had managed people, and though she doesnt mind doing it, she prefers to work on her own.

Has this all been more difficult for you being a woman? I ask. Dr. Matthews doesnt exactly say yes. She agrees that she once had a rude awakening when she realized that a male counterpart grossly out-earned her despite having lesser qualifications. I practically gasped. How did you rectify the situation?

I reported it to my boss, who was a woman, and she advocated for me and got me the same amount, she said. Now, I know how to advocate for myself and I always advise women never to take the first offer. Always negotiate, even if its just the intangibles, things like vacation time.

Not one to over-dramatize, Dr. Matthews cites a single incidence in which she has felt discriminated against at work. As a single woman without dependents, she is asked to travel a lot more than her counterparts who have partners or kids, regardless of gender. She both understands the rationale but is understandably irritated by the discrepancy. I murmur my assent and empathy.

So being a Latina in your field? Is it a positive? A superpower? I ask.

Dr. Matthews laughs a little. I dont know, she says, and I get the feeling that she is consummately empirical, made uncomfortable by assumptions and generalizations. She changes the subject, suddenly remembering that I told her Im Colombian. Im actually supposed to be in Colombia in March, she says. Ill be in Bogot for work, so I extended my trip for a week and will visit Medelln and Cartagena.

You will have such a great time, I assure her. You chose great cities to visit; can I send you a couple of recommendations? I ask.

Please do, she says. Its my first trip to Colombia. And thats when I realized that her Latina identity might not have made Dr. Matthews who she is, but it certainly colors how she sees the world, both inside the lab and out.

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International Day of Women and Girls in Science: Perspective From Dr. Migi Matthews, a Latina in STEM - BELatina

An Account of the Violence of Heterosexual Marriage Identity-Making – Daily Maverick

The undeniable, incontestable, bona fide truth about the New South Africa is that its mother and father are Karabo Moroka and Mandla Sithole. That is the hill I will die on. Generations, the aptly titled soap opera, premiered on SABC1 in 1994, fulfilling the public broadcasters vision to become the leading, credible voice and face of the nation and the continent. Karabo Moroka and Mandla Sithole fashioned the ideal subjectivity of Black South Africans in post-1994 South Africa: A wealthy marriage. One elegant, feminine woman and a powerful, masculine man. The adult ambitions of generations to follow.

It is difficult to study and deconstruct an institution as expansive and pervasive as the Victorian Love-Marriage plot of our lives and it has indeed gone understudied for a long time. However, Elizabeth Brake, in her 2011 book Minimizing Marriage: Marriage, Morality and the Law, gives the phenomenon a word Amatonormativity: [The] disproportionate focus on marital and amorous love relationships as special sites of value, and the assumption that romantic love is a universal goal. The failure to strive for romantic, monogamous love-coupling is often seen as a sign of psychopathy. Our society says, If you dont want this, something is very wrong with you. And yet many people have no desire for this. Not only are many people polyamorous capable and desiring of multiple, nonhierarchical romantic partners and in a way that is not motivated primarily by sex with multiple partners but many people are also aromantic and asexual, having no desire for romantic love-coupling and for sexual intercourse respectively. Polyamorous, asexual and aromantic people are not sexual deviants, are not sociopaths or broken in any way whatsoever. They can lead healthy, fulfilling lives if not for the prejudice and scorn they face in amatonormative society.

Instead of arguing for queers social validity, I want to show that the heterosexual, cisgender love-couple can be a site of violence and that its pursuit can be masochistic in ways we have tried to present as healthy and innately fulfilling.

I will begin by describing the psychosocial dynamics of heterosexual amatonormativity and how it absorbs and weaponises gender identity and performance as its own. Then, I will trace a genealogy of the sanctions on womens self-determination and very humanity, and deconstruct the historic institutions that pursued the domestication of women as objects of marriage in Europe from 500 AD to the 19th century. Following that, I will, relatively briefly, unpack mens monopoly over violence as their primary source of identity formation, using the South African, historically white, elite, all-boys schooling system in the 20th and 21st centuries as my point of departure. I will then contextualise these received notions of marriage and identity within the contemporary ways in which Black South Africans have received, multiplied and navigate their dehumanisation.

By the conclusion, I hope to have shown that, first, the dynamics produced by identity systems in marriage are not self-executing they are because of an unbroken sequence of decisions made by people, notions that have been created and arduously maintained in the church, the school and in the family. I hope to have shown the life and liberty pursued by queers in denouncing the traditional marriage blueprint. Ultimately, I hope that having delivered an account of the violence of traditional marriage identity systems, we may consider heterosexual and traditional marriages as worthy of serious reconsideration at least as the dominant and most widely accepted version of successful adulthood. I hope to have created space at the centre for homosexual and homogender relationships, polyamorous as well as aromantic and asexual people.

Amatonormativity and Gender Labour

The machinery used to engineer the belief that human beings naturally strive for a monogamous, romantic and wealthy heterosexual marriage is expansive, with multiple sources and outlets. It is a belief that is first imparted to us during childhood from Western fairy tales of dragons and damsels in distress who are saved by men wearing metal who possess copious amounts of intergenerational wealth. It is supported by the state which affords extraordinary amounts of social and economic privilege to those that successfully conclude a marriage whether they are citizens, refugees, immigrants or asylum seekers whether people of the same sex could conclude a marriage was enormously contested for a long time in this country, and still is in other countries, although same-sex romantic and sexual relationships are older than prohibitions against them and were not always pathologised in the way they have come to be.

Magazine editions of True Love, Cosmopolitan and Destiny targeting wealthy and heterosexual women are strikingly incomplete without advice on how to fulfil the highest achievement a woman can strive for and no Hollywood script can be considered for production without a romance subplot for the lead character. Marriage is a story that the entire enterprise of organised religion clamours to own and sanctify as an instruction from God to the very hollows of our bones. Whether you are in a romantic, heterosexual relationship or not, the banks, your doctor, your grandmother and your employer all want to know how far you are with that God-given desire.

If we are good boys and good girls, if we are faithful to the gender identity we were assigned at birth, we will be rewarded with the perfect, balanced life as fashioned by Karabo Moroka and Mandla Sithole. And once we win love, we must work to keep love. We must continue to furnish our lovers identities and the institution of our union with our gender performance.

Within the idealised love-coupling of Karabo Moroka and Mandla Sithole is both the fruits and the maintenance of what we might call Gender Labour: The conscientious, concentrated and concerted styling of the body, of mannerisms and of behaviour in the interests of maintaining public gender identity and sexuality. Put differently, if we are men, we must embody the agency of violence with the timbre of our voices, with the broadness of our shoulders, with the performance of dominance, power and the apparent threat of physical violence and share the dividends of patriarchy with our women; if we are women, we must become agents of sex, beauty, morality, and the grace of God on Earth. We must supply our men with the objects of their power through our bodies by painting our faces, wearing shoes that raise and flatter our proportions and adorn our men with our beauty. This is labour.

This is labour we perform, particularly, in public spaces, at family gatherings, in malls, at restaurants, in walks to the park. Faced with the sanction on male beauty, heterosexual men pursue women to perform beauty on their behalf. Similarly, faced with the sanction on female self-determination, heterosexual women seek men to embody the agency of self-determination on their behalf.

Do Women have Souls?

Catherine MacKinnon has invested the past 15 years of her lifes work into asking Are Women Human? It is also the title of her 2006 book which spans her public speeches and scholarly publications in law journals as well as addresses to Human Rights conferences, national legislatures, parliaments and the United Nations. Are Women Human jettisons the theorisations, futurities and utopias of academic feminist work to present brutal (literally) hard, cold facts and insightful analysis of the material conditions of womens local, national and global inequality and a practical legal strategy for remedy By existing legal and social definitions, Human and female are mutually exclusive by definition; one cannot be a woman and a human being at the same time. as Lori Watsons review goes. Womens humanity has been a topic of debate for centuries.

Women do not have souls states the legendary decree of the council of Mcon, supposedly in 585 AD. In reality, such a decree was never made by any Synod or council of European Christianity. What had happened was that a satirical pamphlet published in Germany during the late 16th century, criticising literal interpretations of the bible, took a strange turn. The author was anonymous and based the satire on the Latin term homines which can be interpreted as human beings or as adult males much the same way as James Baldwin and Bantubonke Biko refer to the Black man. However, the public sincerely debated over scripture on the point whether women had souls. It is also widely held by historians that the pamphlet was translated into Italian and published in Lyons in 1647 under the translated title Women Do Not Have a Soul and Do Not Belong to the Human Race by Many Passages of Holy Scripture, un-satirically. The pamphlet was later republished in many other European countries over the next half-century.

Thankfully, when the matter reached the Catholic Church, it was formally condemned by the Pope.

The pamphlet made over 50 claims about the nature of women, including the idea that women have no souls, are not invited to heaven and are comparable to demons and dogs. One claim asserted that while a smith may use a hammer to fashion a sword, the hammer is not a part of him nor the sword. In this way, the writer states, women may be used to perpetuate the human race by a man but do not rank among those considered mankind. But isnt that how we have built the conception of women and the purpose of marriage? Is this not the substantive goal of patrilineality and heterosexual love-coupling? Is this not what society means when they insist that the baby must take the husbands surname because the child is his offspring? Centuries on, The Roots would go on to perpetuate this belief in their 2002 song The Seed:

I push my seed in her bush for lifeIts gonna work because Im pushing it rightIf Mary drops my baby girl tonightI would name her Rock and Roll.

Western Womanhood and Marriage

Over a millennium later in Britain, womens humanity in relation to men was still being debated. The questions were: Should women be educated, and what should that education teach? Thomas Markby is quoted from an article he published in an 1866 edition of Contemporary Review saying that, [t]he true end of the education of women is making good wives and mothers. Thomas was not at all unique in his claim but was joined by proto feminists of the age, unions and other movements who varied in approach but not in principle whether or not ciswomen need education and what that education should teach was debatable, however, the outcome must always be to achieve successful wives and mothers out of children assigned women at birth. What all seemed to agree on was that a womans identity is constituted by being a good wife to her husband and being a good mother to her children. In 1889, a mother of a Girton College student wrote that womans proper sphere is the domestic, and to fill that position she requires to learn all that will make a good wife and mother. The fight to have young ciswomen admitted into formal education was won with the express purpose to have them become successful wives and mothers.

And once the project was won, once ciswomen became married, the doctrine of coverture legally enforced the idea of her marital inferiority. Until the 19th century, only unmarried ciswomen could enter into contracts, sue and be sued, draft wills and sell their property in their own name. The doctrine of coverture was the legal fiction that, upon marriage, a husband and wife become one person: the husband, whose consent the wife needed to perform any and all juristic acts. The Western institution of marriage was an institution that constituted women as perpetual minors, soulless domestic helpers whose existential identity was summed up by wifehood and motherhood. The doctrine of coverture was never officially abolished, only gradually displaced by piecemeal legislation and judicial decisions.

A woman should, according to the current gender ideology, be a companion to her husband, a teacher of her children, and the pervasive moral influence within the home; but only an educated woman could perform these functions adequately; therefore academic education was in fact the best preparation for marriage and maternity Ellen Jordan Making Good Wives and Mothers? The Transformation of Middle-Class Girls Education in Nineteenth-Century Britain 1991 History of Education Quarterly

For this reason a man shall leave his father and his mother, and be joined to his wife; and they shall become one flesh [belonging to him. And the two shall become one mind, his mind] Genesis 2:24, insertions my own, if not implied and merely made express.

The relevance of middle-class girls education in 19th century Britain is presented because it illustrates the precarious humanity and precarious self-determination of women a millennium after Germanys anonymous pamphlet that nominally shook the pope. Even advocates for ciswomens education came just short of repeating the pamphlets hammer analogy: To be a help-mate to man is, I believe, admitted on all sides to be womans happiest position Henrietta Stanley, an early patron of Queens College in a letter she wrote in 1879. Further, this history scaffolds some of the ways amatonormativity is constructed through the identity formation of children in girls schools. This conception of womanhood and social validity was later to be exported to South Africa as a colony through the British formal schooling system. It is this colonial notion of womanhood that informs Karabo Moroka and Mandla Sitholes ambitions in marriage.

Cartoon from The Vote, a newspaper published by the Womens Freedom League (February 1911)

Boys Will Be Made Boys

The stories that historically white, elite boys schools in South Africa tell themselves leave much to be desired. I know this from research for this article but also because I went to one Jeppe High School for Boys in Johannesburg, South Africa. If their websites are anything to go by, their excellence is palpably measured by the successes of their sporting records and less so by the standards of their academic education. All of the elite all-boys schools Michaelhouse, St Andrews, Bishops, King Edward, SACS etc share ideological underpinnings in the vision of colonial, British masculinity, a subjectivity perfected by marriage, but not determined by it.

The all-boys schooling system in South Africa is one of Britains most successful exports, with the first one, South African College Schools, being founded in Cape Town in 1829. These schools inculcate a version of manliness that stresses obligations and duties to the school and wider society, country and Empire, according to John Lambert in Munition Factories Turning Out a Constant Supply of Living Material: White South African Elite Boys Schools and the First World War.

George Edward Lynch Cotton introduced sport into the British schooling system in the 1850s as headmaster of Marlborough College with the express justification that sport teaches boys how to take a licking, follow instruction from authority and curates an appetite for domination. Participating in sport is of paramount importance to the South African elite, all-boys schooling system. Failure to participate in sport attracts the most dehumanising humiliation for students in boys schools. At Jeppe Boys, students who do not participate in sport are referred to as scum ultimately, black students who live in the townships, on the other side of the mine dumps, two taxis and a train away, who cannot realistically afford to leave school after 6pm and again on weekends. The objects of boys education are constituted by self-mastery, physicality as the primary site of existentialism and the desire for dominion.

Contemporary to the sporting obsession was the premium placed on the cadet system/ band pipe/ scouts. The cadets pursued the ethics and idealisation of militarism, with parades on the monarchs birthday, Open Day, rival rugby matches and other auspicious occasions. Unlike sport, the cadet system was never made compulsory except in Natal (today, KwaZulu-Natal) which made it compulsory in 1903.

The connection between the cadet system and militarism was so direct that, in the 1870s, the headmasters of Hilton College and St Andrews publicly stated that their cadets are available to the colonial government in its task of subjugating the natives, and went on to offer their cadets as volunteers against the Chief Langalibalele rebellion of the amaHlubi in 1873. Over the decades, many cadets would go on to serve in colonial regiments against anti-colonial African uprisings, against the scum, and later returned to train cadets emphasising the connections between the schools and the military. During the First World War, South African all-boys schools were overrepresented in the British troops, so much so that the headmaster of St Andrews at the time describe all-boys schools as munition factories [doing their share turning out] a constant supply a living material the insertion being John Lamberts. Speaking on behalf of the boys when the war broke out in 1914, Eric Addison, an old boy of Hilton College, described the atmosphere like this:

[We] were rank flag-wagging imperialistic jingoes, and how we loved it! We certainly did have something to shout about, and the present generation has no idea how we felt We certainly had the courage of our convictions, because when the dogs of war were let slip we were ready to die in thousands to uphold our beliefs.

To this day, there persists the same disturbing veneration of war within South African all-boys schools in the competitive pride they take in their war memorials, listing proudly how many of their former students died protecting the egos and demonstrating the dominion of men. I wonder if Parktown Boys will memorialise Enoch Mpianzi as a life it took in the same order.

Far from institutions that teach inferiority, meekness and servitude, boys schools breed children into agents of violence, soulless in their own way, their innocence a stain on the perfection of their manhood. A wife is not a necessary condition for identity formation, but evidence thereof. Once these boys accrue power and dominance in society, they are led to believe that they are entitled to a wife to perform the kinds of labour they are unwilling and sanctioned from performing in their own name domestic labour, moral labour and the agency of beauty.

The Precarious Black South African Marriage Identity

In an exaggerated parody of double consciousness, black South Africans often get married twice. Although the current Recognition of Customary Marriages Act allows for customary (traditional) marriages to be recognised as Civil Marriages (Western unions), black South Africans will often host wedding ceremonies to socially institute the welding of their four identities. One to wed their black African selves, the other to wed their Western (or Western aspirational) selves. A Traditional wedding in each familys yard wearing Isintu or seShoeshoe and a white wedding, often at the Methodist Church down the road, wearing British suits, bowties, Monk shoes and a white wedding gown with a veil. The tensions created here are extraordinary.

The white wedding institutes a joint identity formation much the same as the one described above, whereas the black wedding institutes a far more explicitly patriarchal set of relations.

Lula, leha a u otla, lula Stay, even when he beats you, stay, said my great grandmother to my mother on the day of her wedding. A mans entitlement to beat his wife is not an uncommon reality in black marriage institutions. It is often explicitly instructed that sometimes, a man must discipline his wife. Inasmuch as Western marriage-identity constitutes a perpetual status of a social and legal minority on the wife, the black South African marriage-identity does not obscure this with veneers of love and intimacy. Acrobatic arguments attempt to romanticize this arrangement with lyrics on duty and communal responsibility that necessitate the concentration of power around men in marriages. Young black South Africans understand this arrangement and internalise it from a very young age by referring to young women as le ngane, lo mntana/ ngoana enoa this child.

Black womanhood in South Africa is not unfamiliar to Western womanhood. In the black marriage identity, a woman is constituted by the embodiment and agency of domestic and reproductive labour: uMakhoti. This must be executed while still serving the Western-ambitious identity of their union as the object of beauty and grace. You must labour to be Imbokodo, navigate an anti-woman and anti-black and anti-black-woman capitalism, bitch in the office servile in the home while being an object of revelry and elegance. And that labour will be enjoyed by the social capital of your husband. And then of course there is the institution of lobolo which I will not argue here save to say Black men use it as justification for their dominion and domestication over and of women.

@NochillinMzansi:Venda women are soo respectful. She will kneel down like this before sex & go on some aee khaba e f[*]cke wee

Before I was born, before Karabo Moroka and Mandla Sithole, my grandmother knew I would be. She was born in the Eastern Cape and spoke isiXhosa and was coloured. She lived with my grandfather in a township called Katlehong (perhaps Where There is Success) being brutalised for being a woman, his woman. My grandfather was a man, and men do terrible things, unspeakable things that must be spoken to their women. He was a black man, a thing at which university departments spend their lives horrified. My grandmother took out a life policy for her children the audacity of it all shocked the story of the black woman killed by her black husband for cooking rice for a change and not pap, for the time other men spent dressing her down, for not bearing him a son from his empty ejaculate, for embarrassing him at the Christmas lunch by correcting him in front of his family, for contesting the space of self-determination he occupies, for nothing at all.

Growing up, I watched Generations with my mother at 8pm in the living room with my grandparents in Katlehong. We watched Karabo Moroka move through space the way a breath moves through mist. We watched Mandla brood over the breadth of his dominion and wondered when our respective turns would come. We had recently stolen ourselves away from a physically and emotionally abusive black man who himself witnessed his mother being brutalised by his father. My mother did not leave in her own name but the name of her mother after the first night my father beat me, realising she was participating in some unremarkable tragedy spinning its taut silk tale. We sat there with our plates on our laps watching freedom play in unremarkable scandals and dreamt of a world when we could shame and be shamed by a glass of wine thrown to the face.

Eventually, she would come to find a husband of her own, a man with money, who drove a German car and looked at her like she was Karabo Moroka. At the wedding, his family sang uzosiwashela siphekele She will do our washing and cook for us. I cried in the outside toilet as my mother, who had once held the temerity to steal us back from the institutionally fractured identities of black men sat and smiled, wrapped in blankets like a gift to marriage. In the worst of times, she would resile her temerity and say things like, I need to let him be the man of the house, I need to let him lead. I watched my mother swallow herself into a child again.

At each point of the genealogy presented here are counternarratives, dissenting streams and contestations in the church, in the school, in the government and in the home. Marriage and identity systems have certainly come a long way from the violence in this account. However, the account of marriage demonstrated above dominates the core construct of marriage and love-coupling in the communal imagination.

A better writer would be able to demonstrate the continuities between marriage identity-making and gendered violence and sexual assault including rape while accounting for the intersectionalities of time, geography, politics, gender ideology, race and class. I hope, in this long, yet small, contribution, I have given that writer some of the necessary premises to present such an argument. A more brazen writer would advocate for the abolition of marriage notwithstanding its candied veneers of unconditional love, mutual support and partnership as though a marriage was ever a necessary precondition to legitimize those characteristics in a relationship. I am not yet either of these writers. Back to the ghetto. MC

Kneo Mokgopa is a graduate of the Wilfred & Jules Kramer Law School at the University of Cape Town. They are currently writing their Masters in Rhetoric Studies at UCT on South African identity systems and are the Communications Manager at the Nelson Mandela Foundation. Kneo has been publishing since 2016 in Daily Maverick, the Cape Times, the Sunday Times, Amandla! Magazine, Hola Africa Magazine and has published a chapter in We are No Longer at Ease: The Struggle for Free Education, the upcoming 2020 CAPS Life Orientation textbook and many other platforms.

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An Account of the Violence of Heterosexual Marriage Identity-Making - Daily Maverick

Gombe’s directive to teachers faulted on many grounds – Daily Trust

Stakeholders in Gombe State have faulted a directive by the Executive Chairman, State Universal Basic Education Board (SUBEB), Mr Babaji Babadidi, to public school teachers to enroll their children in public schools.

The executive chairman had said his directive would enhance academic achievement by compelling school managers and teachers to take their work seriously.

But experts said the problem of low-quality performance of public schools was beyond a mere directive to teachers to also send their children to public schools.

A lecturer with the Federal College of Education (Technical) Gombe, Dr Sani Yakubu Gombe, said if the government could provide the infrastructure necessary to provide learners with quality education, teachers and other parents would willingly take their children to public schools.

In my view, there is no way you can direct somebody to enroll his children in a public school when the standard is too low to provide qualitative education.

But once you improve the system, I believe that the teachers will willingly take their children to public schools even to save the cost of taking them to private schools, he said.

He, however, added that if the SUBEB is serious about the directive, then education managers not teachers alone should also send their kids to public schools.

Dr Yakubu Gombe said such directive could not enhance performance but that a teacher could easily be effective whether in private or public school if he/she is provided with all necessary materials, motivation and effective supervision.

If we look at our public schools, there are no instructional materials, the classrooms are dilapidated, there is no proper supervision; the teachers are not going for training, he said.

Yakubu Gombe said the solution was for the government to improve the pupil-teacher ratio and the capacity of teachers in terms of training, motivation and working materials.

On his part, Malam Abubakar Uba, a lecturer with the Federal University Kashere, said the directive would help to a certain extent.

First and foremost teachers welfare should be given priority. For instance, the TETfund is responsible for the infrastructure and training of higher institution lecturers. As such, a similar agency is needed to cater for the lower level. What obtains now at the SUBEB is that they concentrate on the infrastructure rather than the certificates or the training of teachers.

A teacher is key to the education sector, not the classroom. If the teachers are not stable, there is no way they can give their best, he said.

Malam Uba added that there was little effort on the part of government to motivate teachers to be dedicated to their jobs, noting that if the public school system is working, teachers themselves will prefer to enroll their children in the public schools, because it would be cheaper considering the meagre salaries of the teachers.

According to him, posting of teachers should also be looked into with a special provision for rural areas, to encourage teachers to accept posting to such areas.

A retired permanent secretary and public affairs analyst, Alhaji Umaru Gurama, said asking teachers to enroll their children in public schools is not the solution to challenges facing education.

According to him, the entire basic education system became ineffective after the abolition of the Teachers Grade II certificate.

To get it right, the entire sector needs a holistic approach. First, the condition of service of teachers should be reviewed and their salary should be deducted from the federation account. Secondly, if the judiciary and legislature can have an independent salary structure, primary school teachers should also be given autonomy, to take care of their salary.

Also, the SUBEB itself has deviated from its core mandate, which is enrolling and keeping the children in school till completion. What they are now after is awarding contracts for school infrastructure, Gurama said.

According to him, once the quality improves in public schools, teachers and other members of the public would willingly take their children to there.

Gurama said at present, the sector was neglected and turned into a place for people who took the job as the last option after failing to get better jobs elsewhere.

However, the Executive Chairman of SUBEB, Mr Babaji Babadidi, said the board stood by the directive, which, according to him, was meant to reinvigorate the public education sector.

One, if these headteachers, the teachers, the education secretaries and all officers involved in the education sector bring their children to where they are working the standard will improve because you know that your child is part and parcel of that school. Hence the teachers and headteachers would be serious about their responsibilities.

Secondly, the issue of coming late under the pretense of taking their children to private schools will no longer arise, because apart from taking the children to school in the morning, they also close early under the same pretense of picking their children up from school, he said.

Babadidi added that for now, the SUBEB was sensitising teachers on the imperatives of enrolling their children in the public schools before reviewing the relevant laws that would make it compulsory.

He said: Governor Muhammad Inuwa Yahaya has approved the review of SUBEB law in the state and of course we will make sure that the directive aspect is recorded as part of the law.

As such, if you do not bring your child to the school there is a penalty because it is free and compulsory education. So, there will be punishment for parents that refuse to enroll their children in public schools.

The SUBEB chairman said the authorities are working to improve the welfare of teachers through prompt payment of salaries and other entitlements as well as the provision of incentives to make them dedicated to their duties.

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Gombe's directive to teachers faulted on many grounds - Daily Trust

How to Confront Annexation and ‘Deal of the Century’ Middle East Monitor – The Union Journal

Just due to the fact that the Donald Trump management has actually proclaimed global legislation null and space concerning the Right of Return for Palestinian evacuees, the standing of inhabited East Jerusalem or the outrage of Jewish nests in the busy regions, does not suggest that Israel has actually won and Palestinians have actually shed.

To be extra details, those that have actually undoubtedly shed are those that offered Washington and its allies the power to form the future of Palestine and, as a matter of fact, the whole of the Middle East, in such a way that follows the manipulated United States diplomacy, particularly, the Palestinian Authority () and various other quisling Arab managements.

Those of us that have actually constantly comprehended that Washington and Tel Aviv are 2 sides of the very same coin, are rarely shocked by the supposed Deal of theCentury In reality, Trumps deal is yet an extension of the very same disappointing trajectory of blind United States loyalty toIsrael Whether we call it the Deal of the Century, US-sponsored peace process, or shuttle diplomacy, they are all recycled brand names of the usual item.

But, fingers of blame can not just factor at Trump and Israeli Prime Minister, BenjaminNetanyahu Palestinians should have much of the condemn too.

Twenty- 7 years back, a team of Palestinian political elites escaped from nationwide agreement, authorizing an independent take care of Israel that either yielded or delegated most Palestinian legal rights, consisting of the standing of Jerusalem, and the legal rights of Palestinian evacuees.

READ: Former Israeli PM claims Abbas is the single tranquility companion

They suggested then that Palestinian legal rights might be attained via a step-by-step peace process, via determined settlements andpainful compromises Those that tested the succeeding Oslo accords were avoided and branded as terrorists and radicals; they were sent to prison and, whenever practical, also executed.

Since after that, the destiny, standing and authenticity of the came to be inherently connected to the really Israeli army profession it was indicated to eliminate. The settlements led to the improving of the Israeli profession which is currently under the hazard of being totally linked byIsrael In the meanwhile, some Palestinians expanded richer, and millions of Palestinians came to be a lot more hopeless, separated under an expanding Israeli Apartheid in the West Bank or under a hermetic and fatal siege in Gaza.

Nearly 3 years later on, the Deal of the Century came to totally delegitimize the , itself set-up with American funds and a political required.

Under these brand-new scenarios, there is no rational reason that the need to proceed to exist, at the very least in its existing type, as it played a huge part in putting down the Palestinian individuals, permitting Washington and Tel Aviv to attain their political ends in Palestine without the smallest resistance.

A couple of years back, President, Mahmoud Abbas, referred to armed resistance in Gaza as useless and amistake He supposed to promote a various type of resistance that would absolutely get Palestinian legal rights and give the Palestinian individuals an independent state with Jerusalem as its funding. The Deal of the Century showed that it was Abbas, his Authority and whatever bogus type of resistance they used, that was absolutely and totally pointless.

READ: United States will certainly not request our acknowledgment of Palestine, Netanyahu claims

It is essential that we do not demonstration the Deal of the Century claiming that the is our companion in this procedure. Assigning any type of relevance to the would certainly suggest that we have actually found out absolutely nothing after years of dishonesty and straight-out burglary of hundreds of millions of bucks of funds designated to the Palestinian individuals.

In some strange and awful method, the and the Israeli profession are connected the previous can not exist without the last, and the last calls for the solutions of the previous to lodge itself and broaden its unlawful nests throughout Palestine.

So, any type of message-Deal of the Century Palestinian approach would certainly have to take place in full splitting up from the which, now, just stands for the rate of interests of a course of Palestinians that did well in building up riches and power under the boots of Israeli soldiers.

Despite the s straight-out failings, the Palestinian reason is extra preferred than ever before. The Boycott, Divestment and Sanctions (BDS) project, which is sustained by the sacrifices and the resistance of the Palestinian individuals, has actually permeated countless layers of cultures throughout the globe, compeling millions of individuals to take an ethical position on the continuous Israeli discrimination and battle criminal activities in Palestine.

More and even more individuals around the globe are likewise realising of the harmful power of Zionism the ideological background that proceeds to overview Israeli national politics to now. Israel is itself in charge of that expanding recognition due to the fact that of its straight treatments in the political events of several nations.

READ: Speaker of Kuwaiti Parliament tosses Deal of the Century in the container

The reality that Israel is meddling in the numerous regulations and constitutions of reputable freedoms around the globe to protect against any type of objection of its transgression in Palestine, is awakening many individuals that might never ever have actually been stired up had the conversation on Palestine and Israel continued its previous type. From the UK to Italy to the United States, the arms of Zionism is trying, and, regretfully, prospering, in imposing its concerns, programs and self-involved interpretations.

The obstacle for Palestinians, now, is recognizing how to browse past the working together and to develop different systems that would certainly enable them to collaborate their activities, to expand the extent of international uniformity, and, ultimately, to harness their success in the type of a central political approach.

This will certainly not be simple, yet is unavoidable. And the response can not be divergent either. While some Palestinian intrigues can happily claim that they have actually denied, also stood up to, the course picked by the , there is not a solitary Palestinian intrigue today that promotes all Palestinians utilizing a unifying language and accepting a global vision. The reality that Palestinian teams proceed to talk of a Two-State solution is a representation of its failure to transcend the boundaries and restrictions of Oslo and the peace process.

As Israel and the United States have actually chosen to take definitive action in the instructions of Apartheid, Palestinians need to take just as definitive action in the instructions of freedom by cutting connections with all stopped working methods and self-seeking people and teams.

Even within Palestines resistance, a significant rethink is called for. While the has actually come a cropper, others have actually stopped working also, and there is no embarassment in confessing that due to the fact that, without taking duty for ones imperfections, genuine adjustment can never ever take place.

This is much from being an ask for the full abolition of the whole Palestinian political frameworks, yet instead for the repair work of an aging system that rejects to restore itself and which is, sometimes, totally unconcerned to altering discussions and political truths.

READ: Israel strategies West Bank annex after deal of century

The reality is that several Palestinian leaders and protestors, also within the resistance, originated from long-gone political periods. While some of them have actually battled a respectable battle, they need to comprehend that enabling an all-natural shift of brand-new managements is the biggest payment they might potentially make at this phase due to the fact that the nature of the battle is likewise altering.

Here is the reality, Palestine can no more rely upon the assistance of Arab nations to construct the required energy that might ultimately subdue Israel and recover the legal rights of the Palestinian individuals.

Our reason is currently a worldwide reason, prolonging from Sweden to Chile and from South Africa to Russia, and it calls for international emissaries that are able to transcend the , the factionalism and ideological tribalism which is damaging the really material of our culture.

Lets turn the Deal of the Century from a dilemma right into a chance, where we rearrange and galvanize the really structure of our political discussion and free ourselves from the countless boundaries that have actually restricted our job and allure in the past.

As Zionism currently makes up one of the biggest hazards, not just to Palestine and the Middle East yet to globes freedoms too, allow the battle for Palestinian liberty come to be a worldwide resist Zionism and all of its benefactors.

The sights shared in this write-up belong to the writer and do not always show the content plan of Middle East Monitor.

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How to Confront Annexation and 'Deal of the Century' Middle East Monitor - The Union Journal

Appeals Court Rules That People Can’t Be Locked Up Indefinitely For Refusing To Decrypt Devices – Techdirt

from the all-writs-v.-5th-amendment-v.-throwing-away-the-key dept

The Third Circuit Court of Appeals has finally decided -- after more than four years -- that the government can't keep someone locked up indefinitely for contempt of court charges.

Former Philadelphia policeman Francis Rawls has been locked up since 2015 for refusing to decrypt external hard drives the government claims contain child porn images. The government's claims are based on Rawls' sister's statements. She said Rawls showed her "hundreds" of child porn images that were located on these drives.

The government obtained an All Writs Order demanding Rawls decrypt the devices. This was challenged by Rawls, but unfortunately he did not preserve a Fifth Amendment challenge, so the Appeals Court let the government have its victory. It was a limited victory. It still had two locked drives Rawls claimed he could not remember the passwords for. But it also had Rawls jailed on civil contempt charges.

Rawls will be a free man again, but probably not for long. He challenged the indefinite incarceration, asserting that the law only provides for a maximum of 18 months in jail for civil contempt charges. The court [PDF] agrees:

On September 30, 2015, Rawls was incarcerated for civil contempt after he failed to comply with a court order that he produce several of his seized devices in a fully unencrypted state. Since that day, more than four years ago, Rawls has been held in federal custody. Rawls seeks release arguing that 28 U.S.C. 1826 limits his maximum permissible confinement for civil contempt to 18 months.

Because we conclude 1826 applies to Rawls, we will reverse the order of the District Court and order Rawls release.

The government argued this statute does not apply to Rawls, since he is the one charged with crimes, rather than a witness to a crime, as 1826(a) states:

Whenever a witness in any proceeding before or ancillary to any court or grand jury of the United States refuses without just cause shown to comply with an order of the court to testify or provide other information, including any book, paper, document, record, recording or other material, the court, upon such refusal, or when such refusal is duly brought to its attention, may summarily order his confinement at a suitable place until such time as the witness is willing to give such testimony or provide such information.

Rawls pointed out he is a witness in this case. The government wants him to give up passwords to hard drives likely containing evidence to be used against him. That makes him both a witness and a criminal suspect. Production of these passwords would be testimonial -- information Rawls may know (the passwords) that the government does not. The simple act of producing passwords is itself testimonial. It allows the government to infer Rawls had control of the drives and knowledge of their contents.

The precedent the government relies on here isn't on point:

There is a significant difference between a contempt confinement for failure to provide information and confinement for failure to stop actively harassing court personnel. Unlike the contemnor in Harris, Rawls is being asked to provide information in a proceeding and is therefore a witness under 1826(a).

Furthermore, as the concurring opinion points out, the government's insistence these hard drives be unlocked and that Rawls remained jailed until they are, appears to be completely redundant and unnecessarily cruel.

[B]ased on the evidence in the record (as briefly summarized by Judge Fuentes), it appears that the Government is insisting that Rawls incarceration for contempt be continued even though it already possesses sufficient evidence of Rawls possession and production of child pornography to obtain a conviction under various subsections of 18 U.S.C. 2251 and 2252. In fact, Rawls own sisters testimony regarding Rawls possession of a video of his two nieces, aged four and six, may very well be sufficient to convict him of possession and/or production of child pornography involving a minor in his custody or control.

The government appears to want to punish Rawls simply for being uncooperative and to continue this punishment as long as possible before he faces an even longer sentence for the alleged crimes.

I therefore cannot fathom why the Government is so insistent upon further gilding the lily with the evidence that may well be in the encrypted files on the disputed hard drives and demanding his imprisonment until he coughs up that evidence. There may well be some justification for insisting that Rawls be imprisoned on contempt charges before his all but certain prosecution for child pornography and the very severe sentences he would be exposed to if convicted for the latter offenses, but such justification for the Governments conduct here certainly escapes me.

This isn't a case where evidence necessary for a conviction remains out of reach. The government already has enough to pursue a decades-long sentence. Starting Rawls off with four years in jail before even bringing the case to trial is punishment for punishment's sake. It does not weaken the government's case if the drives remain encrypted. All it does is prevent the government from stacking counts as high as it apparently wants to, forcing it to work with the illegal images it has already recovered.

The Fifth Amendment question remains undisturbed for now. But at least in cases like these, where the government uses a 200-year-old law to compel decryption, it will only be able to lock up unwilling (but presumptively innocent) "witnesses" for 18 months, rather than for the rest of whatever.

Filed Under: 4th amendment, 5th amendment, contempt, decryption, francis rawls, indefinite confinement, passwords

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Appeals Court Rules That People Can't Be Locked Up Indefinitely For Refusing To Decrypt Devices - Techdirt

‘Tougher on Crime’ is no way to go – Wisconsin Examiner

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This week, the Legislature is considering an ill-conceived and wrong-headed package of bills that the authors are peddling as tougher on crime.

But what the bills would do is only increase the costly problem of mass incarceration in Wisconsin, a problem that disproportionately falls on the shoulders of black and brown families.

Heres one example: One of the bills in the package would require the Department of Corrections to begin a revocation proceeding against a former inmate if that person is charged with a new crime. But whatever happened to the presumption of innocence?

These formerly incarcerated people have already served their time and are on probation, parole, or extended supervision. The revocation proceeding could send them back to prison just because theyve been charged with a new crime, not convicted of one. No one else in the United States gets sent to prison for merely being charged with a crime, so why treat former inmates that way?

That would not only be unfair. It would also violate their Fifth Amendment right to due process and their Fourteenth Amendment right to due process and equal protection.

Another bill would expand the list of offenses that deny a prisoner even a chance at early release or early parole. This goes against the whole idea of giving a person a second chance and rewarding someone for good behavior.

Its also inhumane. Currently, if an inmate is very old or very ill, he can petition for a reduced term of confinement. But this bill would not allow prisoners who are convicted of certain crimes to do this, no matter how old or sick they are.

Thats just heartless.

And its costly, ineffective, and discriminatory.

As it is, we put too many people in prison for too long. It costs $37,000 to house one adult male in prison. If this package passes, the additional costs would be huge.

Just the one bill alone that would re-imprison people who are charged with a crime would cost Wisconsin taxpayers $54 million the first year and $156 million every year after that, according to the Department of Corrections.

Whats more, there is no solid evidence that the whole tough on crime approach has actually reduced crime, so why would the tougher on crime approach magically solve the problem?

And if you look at our prison population in Wisconsin, it is disproportionately made up of African Americans: 43 percent of all adult males behind bars in Wisconsin are black. Thats largely because of discriminatory arrests, convictions, and sentencings.

Given this track record, you can bet that black Wisconsinites would take the brunt of the tougher on crime bills.

We need to move beyond the tough on crime and tougher on crime mentality.

It hasnt gotten us anywhere but broke.

Please contact your legislators and urge them to vote no on this package. And please contact Gov. Tony Evers and urge him to veto it.

Jerome Dillard is the executive director of EXPO (Ex-Incarcerated People Organizing)

Prior to joining the Democracy Campaign at the start of 2015, Matt worked at The Progressive magazine for 32 years. For most of those, he was the editor and publisher of The Progressive.

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'Tougher on Crime' is no way to go - Wisconsin Examiner

Few answers as three men in November confrontation take the 5th – The Salem News

SALEM A confusing situation from back in November that appeared to involve elements of road rage and an alleged carjacking concluded in court Monday, as the three menfacing chargesinvoked their Fifth Amendment right not to testify.

One of the men, Edward Kehoe Jr., 39, of 78 Walnut St., Saugus, was sentenced to 18 months on probation and must take a driving safety class after pleading guilty to driving after license suspension and driving to endanger during a hearing Monday in Salem District Court.

The remaining charges against Kehoe, including carjacking, were dismissed, as were carjacking and assault and battery charges against his friend, Brian Scott, 41, of 338 Main St., Wakefield.

A third man, Isaiah Davis, 23, of 10 Heritage Drive, Salem, was also cleared of charges of assault and battery causing serious bodily injury, assault and battery with a dangerous weapon, and leaving the scene of a property damage accident.

The three were arrested on the evening of Nov. 1, after a series of events that apparently started when Scott and Kehoe allegedly believed Davis had rear-ended them on Highland Avenue in Salem and then tried to flee. Witnesses said the men followed Davis to his home then pulled him from his car.

Kehoe then hopped into Davis's car and drove it away, over a traffic divider, damaging the vehicle.

Court filings show that punches were thrown throughout the confrontation.

But on Monday, as the case was scheduled for motions, it became clear that each of the three defendants had a Fifth Amendment right against self-incrimination that would have been a factor in whether they were willing to testify.

As a result, all but the two charges involving Kehoe's decision to drive Scott's car were dropped.

Judge Carol-Ann Fraser imposed 18 months of probation on Kehoe, with a required National Safety Council driver training class. He will also be required to pay restitution, to be determined April 10.

Kehoe's attorney, Patrick O'Malley, told the judge that his client is still suffering the effects of a head injury he received during the incident.

Courts reporter Julie Manganis can be reached at 978-338-2521, by email at jmanganis@salemnews.com or on Twitter at @SNJulieManganis.

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Few answers as three men in November confrontation take the 5th - The Salem News

A Constitutional Challenge To Watch: Axon Sets Its Sight On The Structure Of The FTC – Mondaq News Alerts

To print this article, all you need is to be registered or login on Mondaq.com.

On January 3, 2019, Axon Enterprise, Inc. ("Axon"), amanufacturer of body-worn cameras for law enforcement, filed a complaint againstthe Federal Trade Commission seeking a declaratory judgment in theDistrict of Arizona. In the complaint, Axon alleges that theFTC's administrative procedures and structure areunconstitutional, and seeks to enjoin the FTC from pursuing anadministrative enforcement action against Axon. Although anantitrust case, the matter provides interesting issues that alsoinvolve the FTC's consumer protection mission.

A little background: On June 14, 2018, the FTC opened aninvestigation into Axon's attempted acquisition of Vievu, whichalso sells public safety camera systems. Axon contends that itcooperated with the FTC's investigation over an 18-monthperiod, only to result in the FTC threatening to sue in anadministrative proceeding unless Axon "surrender[ed] a'blank check' divestiture." Axon protested that it didnot violate the Clayton Act or any other antitrust laws in itsacquisition of Vievu and filed the pending lawsuit, arguing thatthe FTC's structure and administrative adjudication proceduresviolate the U.S. Constitution.

As for the constitutional challenges, Axon first argues that theFTC's administrative procedures whereby it acts asprosecutor, judge, and jury violate Axon's FifthAmendment due process rights. Essentially, Axon asserts that whenthe FTC brings an administrative proceeding against a party, itinfringes on that party's right to a fair trial before aneutral judge in accordance with the Fifth Amendment. Accordingly,subjecting Axon to an FTC administrative proceeding will force itto "submit to a hearing process with a preordainedresult." As Judge Posner noted years ago, "It is too muchto expect men of ordinary character and competence to be able tojudge impartially in cases that they are responsible for havinginstituted in the first place." Remember, however, that Axonis not the first company caught in the FTC's crosshairs toraise this argument, and these prior challenges have failed.

Axon also alleges that the very structure and makeup of the FTCviolate Article II of the Constitution, and therefore anyaction the FTC takes is unconstitutional. Currently, as anindependent agency, FTC Commissioners and Administrative Law Judges(i.e., the judges who hear FTC administrative proceedings) are notsubject to at-will removal by the President. Though FTCCommissioners are nominated by the President and confirmed by theSenate, they can only be removed by the President for"inefficiency, neglect of duty, or malfeasance inoffice." Further, FTC-appointed ALJs can only be removed bythe FTC for "good cause." However, Axon alleges that theFTC commissioners and ALJs are "Executive officials exercisinglaw-enforcement power" who are constitutionally required to besubject to at-will removal by the President under Article II.

Important to Axon's "at-will removal" argument isthe fact that in Lucia v.SEC, the Supreme Court recently held that the appointmentof SEC ALJs violated Article II. The Lucia decisiondid not, however, resolve whether statutory "for cause"removal protections afforded administrative law judges areunconstitutional. In moving to preliminarilyenjoin the administrative proceedings, Axon asks the districtcourt to answer this question in the affirmative. Specifically,Axon contends that there is a growing consensus that FTCCommissioners' and ALJs' protection from at-will removalviolates Article II.

The FTC responded to the Axon lawsuit by arguing that thedistrict court lacks jurisdiction over Axon's claims becauseAxon did not follow the review procedure of the FTC Act and did notchallenge any final agency action.

This case provides another example of the increasing focus onthe FTC, along with other independent agencies such as the SEC andCFPB, regarding whether its actions and structure can surviveconstitutional scrutiny. Those who are subject to pressure from theFTC are continuing to challenge its ability to serve as theprosecutor, the judge, and the jury in administrative proceedingsthat have far-reaching implications. As we've writtenpreviously, the FTC's ability to obtain relief in federal courtalso is being re-examined by several courts, including the Third Circuit andthe Supreme Court.

As this case was filed just last month, Axon has several hurdlesto clear before getting to the merits of its claims. One majorhurdle is whether the court will decide to exercise itsjurisdictional discretion under the Declaratory Judgment Act. Wemay not have to wait long, though, as Axon recently requested thatthe district court expedite the proceedings in light of theadministrative proceeding hearing currently scheduled for May 19,2020. Given the Supreme Court's penchant for taking caseschallenging the constitutional and statutory authority ofindependent agencies, those following might want to hit the"record" button.

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Impeachment is over or is it? | TheHill – The Hill

If you think the Senates vote on Wednesday to acquit President TrumpDonald John TrumpWinners and losers from the New Hampshire primary Sanders on NH victory: Win is 'beginning of the end for Donald Trump' Biden, Warren on ropes after delegate shutout MORE ends the impeachment saga, you havent been paying attention.

Congressional Democrats never believed they could actually remove Trump from power over anything as specious as the Ukraine kerfuffle. No more than they expected that the collusion caper which was already known to be an investigative dry hole by the time of Bob Muellers May 2017 special counsel appointment was a viable vehicle for ousting the president.

Impeachment has always been a partisan pretext. A third-order pretext, as I explained in Ball of Collusion: (1) The counterintelligence investigation launched by the Obama administration was a pretext to monitor Trumps campaign while conducting a criminal investigation without the necessary criminal predicate; (2) the criminal investigation, formally launched on the ludicrous fiction that Trumps constitutionally appropriate firing of FBI director James ComeyJames Brien ComeyThe Hill's Morning Report Trump basks in acquittal; Dems eye recanvass in Iowa Trump holds White House 'celebration' for impeachment acquittal Impeachment is over or is it? MORE could be an obstruction crime, was a pretext for packaging an impeachment inquiry for House Democrats (since the bureau didnt have a crime but knew that impeachment does not require a crime); and (3) the impeachment drama has been a pretext for what all along has been the goal to tumble out enough unsavory information over a long enough time that Trump is rendered unelectable by the time we get to the stretch-run of the 2020 campaign.

This is not to say, of course, that congressional Democrats would not remove the president if they could. The fact that House Democrats hauled out and formally voted two articles of impeachment, rather than contenting themselves with a long-running impeachment inquiry spiced up by the occasional, damning public hearing, shows that if they thought there was any shot at defenestrating Trump, even a remote one, they would take it.

Nevertheless, the principal objective has always been to ensure that the president would get no more than one term, a term that Democrats would endeavor to steep in scandal, hamstringing the administrations capacity to govern and to pursue the agenda on which Trump ran in 2016.

Obviously, the end of the impeachment trial does not mean the end of that strategy. For Democrats, the aim has not changed: End the Trump presidency as soon as possible.

The tactics will need rethinking, though.

The presidents polls have improved over these weeks of skewed, unabashedly partisan impeachment proceedings. He is at his highest standing ever, one that may edge higher after the impressive showmanship and cataloguing of accomplishments in Tuesday nights State of the Union address, complementing boffo economic metrics. Democrats have to be concerned that impeaching Trump on weak charges has improved his reelection prospects.

So does that mean the Senates acquittal is the end of the impeachment gambit?

That question itself strikes many people oddly. Acquittal long has been a foregone conclusion, given that there was never a chance that House Democrats would corral the two-thirds supermajority needed to convict in the GOP-controlled Senate. Acquittal is a term most familiar to us from the criminal law. After an acquittal (or, for that matter, a conviction), Fifth Amendment double-jeopardy principles forbid a successive prosecution for the same charge.

Impeachment, however, is not a criminal prosecution. Indeed, it is not a judicial proceeding at all. It is strictly a political determination on the question of whether political power should be stripped by the Article I political branch. Therefore, the Senates impeachment verdict of acquittal carries no double-jeopardy protection for the president. Nothing in the Constitution would bar the House from re-voting the same impeachment articles on which the president has been acquitted, in addition to any new articles.

That is especially worth noting here, given that the presidents lawyers and congressional Republicans devoted so much energy to castigating House Intelligence Committee Chairman Adam SchiffAdam Bennett SchiffDOJ lawyers resign en masse over Roger Stone sentencing George Conway: We might have to impeach Trump again How Lamar Alexander clouds the true meaning of the Constitution MORE (D-Calif.) and other House leaders for their shoddy investigation the failure to make a concerted effort to obtain relevant documentary evidence and to interview key witnesses (former national security adviser John BoltonJohn BoltonOscars see record low ratings with 23.6M viewers Brad Pitt quips he has more time to give Oscars speech than John Bolton had to testify New Qatari prime minister means new opportunities MORE, White House chief of staff Mick MulvaneyJohn (Mick) Michael MulvaneyThe Hill's Morning Report - Sanders, Buttigieg set for Granite State showdown Business groups try to avoid partisan crossfire Mick Mulvaney's job security looks strong following impeachment MORE, et. al.); the lack of due process afforded to the president; the prioritizing of the 2020 political calendar over the demands of a competent, thorough investigation. Those are the kinds of failures that can be cured by time and effort.

The scathing media-Democratic rebukes of the Senate for purportedly failing to subpoena witnesses and documents have been misplaced. The Senates job is to try the case; the Houses job is to investigate and prove that case. The remedy for a shoddy investigation is for the investigators to do the work they previously failed to complete.

I do not expect Schiff et. al. to give up on Ukraine. And if they were to persist in investigating that episode e.g., to subpoena Bolton for the testimony for which many senators clamored they could rationalize it by saying they were simply addressing the Senates concerns.

Notice that Democrats have never abandoned the impeachment inquiry they belatedly voted to conduct in late October, months after they started probing the Ukraine scandal. They continue, moreover, to pursue other lines of investigation the obstruction aspect of Muellers probe, Trumps tax returns, etc.

To be sure, I do not believe House Democrats will vote articles of impeachment again at least, they will not do it again unless they stumble on some previously unknown misconduct that is truly egregious. But I have every expectation that they will continue the impeachment inquiry. They will keep touting the threat of new impeachment articles, and keep railing that the White House is obstructing them.

Remember, the point has never really been to remove the president. Impeachment has been, and remains, an artifice for congressional Democrats to acquire and incrementally disclose unsavory information, with an eye toward Nov. 3, 2020. For Democrats, the main goal is still to defeat Donald Trump. Impeaching him has been a means, not an end.

Former federal prosecutor Andrew C. McCarthy is a senior fellow at National Review Institute, a contributing editor at National Review, and a Fox News contributor. His latest book is Ball of Collusion. Follow him on Twitter @AndrewCMcCarthy.

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Impeachment is over or is it? | TheHill - The Hill

Retired Springfield police lieutenant takes the 5th in hearing on Nathan Bills brawl – MassLive.com

GREENFIELD A retired Springfield police lieutenant invoked his Fifth Amendment right against self-incrimination when called to testify Friday in a hearing about evidence in the long-running Nathan Bills cop brawl case.

Retired Springfield Police Lt. Thomas Kennedy appeared in Franklin Superior Court under a subpoena from an attorney for one of 15 defendants in the case.

Kennedy was one of a dozen detectives conducting a criminal investigation into the fight in the summer of 2015. Defense lawyer Shawn Allyn, representing defendant Officer Daniel Billingsley, was expected to quiz Kennedy about photo arrays the police compiled for the alleged civilian victims, who said they were jumped outside by off-duty police officers after a verbal altercation inside the popular East Forest Park bar. Kennedy was also expected to answer a series of questions about video evidence from inside the bar that may or may not have been destroyed.

Instead, Kennedy refused to answer any questions at all.

My client is exercising his constitutional right to decline to testify, said his lawyer, William Bennett, a former longtime Hampden district attorney. Bennett declined to comment following Kennedys brief court appearance.

Kennedy retired from the police department in 2016 and now works as an investigator in the Hampden district attorneys office.

The majority of the defendants in the case are current or former Springfield police officers, plus two of the bars owners. Some are charged in connection with the fight itself while others are implicated in an alleged cover-up. The case was investigated jointly by the state attorney generals office and the FBI.

At issue in a series of pretrial hearings in recent weeks before Judge Mark D. Mason is whether the cover-up defendants were properly advised by the government that they were at risk of being indicted, as opposed to merely being called as witnesses.

While Assistant Attorney General Stephen Carley has argued all were informed of their respective exposures in the case, many defense attorneys have disputed this. The debate has yielded a cascade of motions by defendants seeking to get their charges tossed, which have been argued amid a tangle of other motions to dismiss, suppress evidence and postpone trial dates.

Also testifying Friday was Boston attorney Stanley Wheatley, who represented perjury defendant Officer Joseph DAmour before his grand jury appearance in 2017. DAmour was a brand new patrolman still in training when he responded to the Nathan Bills disturbance. Subsequently, DAmour and others participated in interviews with the FBI, assistant attorneys general and state police before the grand jury session, Wheatley said.

Wheatley testified that DAmour was prepared to cooperate with law enforcement. He said the interview felt collaborative and that he was stunned when DAmour was charged criminally.

I remember saying to ... Carley that I cant believe you indicted this guy; he tried to cooperate. Thats the last time I do that. It made me look bad, Wheatley said under direct examination by DAmours defense lawyer, Michael Packard.

During cross-examination, Assistant Attorney General Andrea Mauro suggested Wheatley lacked experience representing clients in criminal cases and it was he who dropped the ball by not protecting DAmours interests.

Thats one of the reasons people retain attorneys, right? she asked.

Following Wheatleys testimony, Paul Federico, who runs trivia nights at Nathan Bills, said some of the alleged victims in the case drunkenly hassled him and his girlfriend before they began arguing with off-duty police.

They were being aggressive and inappropriate. ... I think they may have touched her, but Im not sure, Federico said, adding that he reported the exchanges to a bar manager, who asked the civilians to leave.

Throughout the case, it has been hotly contested who started the fight, as men on both sides suffered injuries. The city paid out $885,000 in a civil settlement to the civilians in 2018.

Capping a full day of pretrial hearings Friday, Mason denied a motion by the attorney generals office to delay the Nathan Bills trials by four months. They will begin March 30 in Hampden Superior Court.

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Retired Springfield police lieutenant takes the 5th in hearing on Nathan Bills brawl - MassLive.com

Weinstein takes 5: Defense rests without his testimony – Hot Air

According to his attorneys, Harvey Weinstein was ready, willing, able, and anxious to take the stand in his own defense. His attorneys apparently thought otherwise about his wisdom in doing so. The defense rested yesterday in the New York sexual assault case without Weinstein taking the opportunity to explain himself or prosecutors an opportunity to tear him to shreds:

Cowardly dodge or smart strategy? Probably a bit of both, but it also might be an indication that the defense thinks theyve introduced enough reasonable doubt as it is:

For 30 minutes, Mr. Weinstein and his lawyers met in a private room; he expressed a desire to tell his side of the story while they advised him not to risk it, according to his spokesman.

But ultimately, Mr. Weinstein and his lawyers returned to the courtroom and told the judge that the defense was resting its case, setting the stage for closing arguments on Thursday. Later, as he left court, Mr. Weinstein was asked if he had considered taking the stand. I wanted to, he said.

His lawyers have argued that Mr. Weinsteins accusers used him and engaged in consensual sexual encounters to advance their careers.

But if Mr. Weinstein were to take the stand, prosecutors would quite likely have tried to elicit testimony that would have portrayed him as a bullish, overbearing figure who had used his influence in the industry to coerce women into unwanted sexual encounters.

Generally speaking, attorneys are loathe to put a client on the witness stand. They lose control of the situation on cross-examination, and clients can destroy neatly constructed strategies with a careless phrase or a poor attitude on the stand. Previously excluded evidence and testimony could suddenly be made relevant for the prosecution, and the jury might take a strong dislike to a defendant during cross-examination. Sometimes clients will refuse to take that advice from a burning need to rebut what has been said in court, but clients are poor judges of effective legal strategy.

It sounds as if Weinstein was just smart enough to finally take his attorneys advice or to pose as if he wanted to testify for the media later.

Its still a risky strategy. In a he said/she said, juries will want to hear whathe said for themselves, not through a defense attorney. The Fifth Amendment means the jury cant take his lack of testimony officially into consideration when determining guilt or innocence, but thats onlyofficially. His lack of response to the claims will still undoubtedly nag at the jurors after all the emotional testimony from the women who leveled allegations of sexual assault against Weinstein.

Closing arguments start tomorrow, and Weinsteins attorneys will argue that theres all sorts of reasonable doubt about these claims. Phelim McAleer, whos been attending the trial and producing the daily verbatim podcast of it, told me yesterday on The Ed Morrissey Show that Weinsteins defense has been very effective at punching some holes in the prosecutors case. Whether that is enough for the jury to overcome that emotional testimony is another question, but Phelim thinks a surprise might be in the works in the jury room and that the media has largely missed that story over the last few weeks.

That makes the decision to rest and go to arguments look more like confidence in their strategy than worry over Weinstein. If the defense succeeds, though, expect a cultural meltdown over the verdict that might rival the O.J. Simpson trial outcome. It will also put enormous pressure on prosecutors in Los Angeles to finish the job on Weinstein.

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Weinstein takes 5: Defense rests without his testimony - Hot Air

One Year Into Trump’s PFAS Action Plan, Few Signs of Progress – Environmental Working Group

Wednesday, February 12, 2020

Friday marks one year since the Environmental Protection Agency unveiled its latest plan to address the crisis of the toxic fluorinated chemicals known as PFAS, which have likely contaminated a majority of drinking water supplies nationwide. But President Trumps so-called action plan has met few of the milestones parents expect from a one-year-old.

The 72-page plan would certainly help anyone sleep through the night. But Trumps plan has barely crawled, much less walked. After one year, the Trump administration has:

The EPA has approved a new method to detect PFAS in drinking water, but the Food and Drug Administration has taken steps to hide detections of PFAS in food. The administration has also proposed more reporting of industrial PFAS discharges into the air and water but did not identify which of the compounds would have to be reported.

No wonder those and other meager efforts earned Trumps EPA a grade of D minus from Sen. Tom Carper (D-Del.), the top-ranking Democrat on the Environment and Public Works Committee. But the agencys poor PFAS report cards date back more than two decades.

Heres a timelineof the agencys shameful record.

In 1998, EPA officials were firstnotifiedby 3M that PFAS chemicals were toxic. In 2001 the agencyreceivedinternal company studies documenting PFAS health risks, and two years laterreceivedmore animal studies. But underpressurefrom industry, in 2006, EPA said the agency was unaware of studies linking PFOA, used to make Teflon, to health harms even though the agency had just fined DuPont for failing to report its health effects, and EPAs own Science Advisory Boardfoundthat PFOA was a likely human carcinogen.

Not until 2009 did the EPAissueits first PFAS action plan andestablisha non-enforceable provisional health advisory for PFOA and PFOS, an ingredient in Scotchgard. The second PFAS action plan, issued a year ago, contains many of the same recommendations and includes no deadlines.

Without irony, EPA recentlyissueda statement touting the agencys aggressive efforts to address PFAS pollution just hours before the White House threatened to vetoHouse legislationthat would set deadlines for EPA action on PFAS.

So it should be no surprise that Congress recently passed H.R. 535, the bipartisan PFAS Action Act. The legislation would immediately designate PFOA and PFOS ashazardous substances, set a two-year deadline for EPA to establish a drinking water standard, and set deadlines for EPA to finallyrestrict PFAS releasesinto the air and water.

Clearly, at one year old, the EPAs PFAS action plan needs more adult supervision.

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One Year Into Trump's PFAS Action Plan, Few Signs of Progress - Environmental Working Group

Warriors news: Stephen Curry’s rehab progress updated by Steve Kerr – ClutchPoints

Golden State Warriors star Stephen Curry is still rehabbing from surgery to repair a broken hand he suffered back in October.

On Wednesday, head coach Steve Kerr gave an update on Currys status, saying that he has been getting more conditioning as of late:

Hes jumped into a few of our non-contact, offensive 5-on-0 stuff, said Kerr, via Anthony Slater of The Athletic. But hes coming around. Well have another update I guess, a more thorough update, on March 1. But right now, everything is going smoothly and hes just trying to build his conditioning base and keep getting better.

Kerr added that there were no plans to get Curry into contract drills before March 1. The Warriors star has said hes aiming for a return in early March.

Curry struggled in the four games he played this season, averaging 20.3 points, 6.5 assists, 5.0 rebounds and 1.3 steals over 28.0 minutes per game while shooting 40.9 percent from the floor, 24.3 percent from 3-point range and 100 percent from the free-throw line.

Of course, that is an incredibly small sample size, and Currys numbers almost surely would have leveled out had he remained healthy.

The 31-year-old is in his 11th NBA season and will miss out on All-Star festivities for the first time since 2013.

Curry won back-to-back league MVP awards in 2015 and 2016, also capturing the NBA scoring title in the latter year after registering 30.1 points per game.

The sharpshooter is also not the only key member of the Warriors backcourt sidelined due to injury, as fellow guard Klay Thompson has been recovering from a torn ACL he suffered during last years NBA Finals.

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Warriors news: Stephen Curry's rehab progress updated by Steve Kerr - ClutchPoints

Quote of the Day: Progressives Deny Progress – Ricochet.com

Dennis Prager has been saying for as long as Ive been listening: Movements dont close shop when theyve achieved their original aims; they radicalize.

Its certainly true of feminism, which went from winning the vote for women, to burning bras in the streets, to bitter hatred of men, to the NFL Halftime Porn Show empowering women to . . . pole dance for a national audience including children? I think Ill pass on the new empowerment if it requires pornographic sexual objectification or defines womanhood as being more like men. Like coaching an NFL team? Seriously 49ers?Turn in your man-cards.

The same could be said about the civil rights movement, which started with the abolitionists, went through MLK, and ended up with Black Lives Matter. What the heck?

Or, how about the environmental movement? Conservation was a good thing as was the goal of cleaning up the polluted air and water in our cities (I grew up playing near the infamous burning Cuyahoga River and remember seeing detergent suds floating down the feeder creeks). It worked. We improved air and water quality, so now what? Groups like ELF (Earth Liberation Front) and Earth First grew up and started bombing science labs, and elected representatives proposed commie takeovers of the entire energy sector (energy = life) and theyre taken seriously!

Andrew Klavan has been making similar observations in his podcasts over the past weeks. Progressives take no account of the progression of time. The 1619 Project is all about teaching our kids that America is as racist and oppressive to blacks as it ever was. Trump hatred has people believing nonsense like were living in Germany in 1939, or were going down the path of Venezuela because of Trump(!) and not the socialists in the Democrat party, according to Anne Applebaum (post).

R.R. Reno has a nice synthesis of whats happened in the introduction to his new book, Return of the Strong Gods: Nationalism, Populism, and the Future of the West:

A young friend in Australia sent me an essay that read like a flaming indictment of the status quo. It ended with the arresting sentence, I am twenty-seven years old and hope to live to see the end of the twentieth century.

He explains that the driving forces of a given era dont neatly line up with aughts and were still living in a continuation of the 20th century:

The violence that traumatized the West between 1914 and 1945 evoked a powerful, American-led response that was anti-fascist, anti-totalitarian, anti-colonialist, anti-imperialist, and anti-racist. These anti imperatives define the postwar era. Their aim is to dissolve the strong beliefs and powerful loyalties thought to have fueled the conflicts that convulsed the twentieth century.

But, as my young correspondent recognizes, the fall of the Soviet Union did not bring the postwar era to a close, for it marked not the end of the anti imperatives but rather their intensification [emphasis mine].

He continues:

The death grip of the anti imperatives on the West is plain to see. After Donald Trumps election, a number of mainstream journalists collapsed in hysterics: He was an authoritarian of one sort or another. The same goes for European populism. A specter is haunting Europe, countless journalists and opinion writers warn the specter of fascism. Tract after tract has likened our times to Germany during the 1930s. Indeed, it is a sign of nuance when a member of our chattering class compares Trump to the Spanish strongman Francisco Franco rather than Hitler. Todays intelligentsia compulsively return to the trying decades of the early twentieth century. It is as if they desperately want to keep the last century going, insisting that the fight against fascism remains our fight.

This is absurd. It is not 1939. Our societies are not gathering themselves into masses marching in lockstep. Central planners do not clog our economies. There is no longer an overbearing bourgeois culture bent on exclusion. Bull Connor isnt commissioner of public safety in Birmingham. Instead, our societies are dissolving. Economic globalization shreds the social contract. Identity politics disintegrates civic bonds. A uniquely Western anti-Western multiculturalism deprives people of their cultural inheritance. Mass migration reshapes the social landscape. Courtship, marriage, and family no longer form our moral imaginations. Borders are porous, even the one that separates men from women. Tens of thousands die of heroin overdoses. Hundred of thousands are aborted. Of course my young friend wants the twentieth century to end. So do I.

By denying the progress thats been made, progressives have become what they claim to hate: fascistic, totalitarian, culture colonizing, credentialed authoritarians, and, yes, even racist. Look at how they treat blacks who are not in lockstep with their agenda.

I agree with Reno and his young friend. #Endthe20th already.

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Quote of the Day: Progressives Deny Progress - Ricochet.com

The Daily Progress to sponsor Virginia Festival of the Book event – The Daily Progress

The 26th annual Virginia Festival of the Book will host a program on the importance of journalism in democracy on March 19.

The free program "Who Will Write the Story? The Critical Role of Local Journalism," is scheduled for 4 p.m. in City Council Chambers, 605 E. Main Street.

A panel of Katrice Hardy, executive editor of the Greenville News; Eric Lichtblau, two-time Pulitzer Prize-winning journalist; and Lewis Raven Wallace, an independent journalist and author, in a discussion with Marcia Bullard, a retired CEO of USA WEEKEND, will examine the critical role of local journalism as well as the threats facing it.

The program is sponsored by the Andrew W. Mellon Foundation and the Federation of State Humanities Councils, and is hosted by The Daily Progress, Virginia Center for Investigative Journalism, Virginia Library Association and the Virginia Press Association

This program is part of the Democracy and the Informed Citizen initiative, administered by the Federation of State Humanities Councils. The initiative seeks to deepen the publics knowledge and appreciation of the vital connections between democracy, the humanities, journalism and an informed citizenry.

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The Daily Progress to sponsor Virginia Festival of the Book event - The Daily Progress

Fort Smith utilities boss says the city is making progress on water leaks – talkbusiness.net

Only a few months after saying little progress had been made in repairing more than 700 water leaks around the city, Fort Smith Utilities Director Lance McAvoy told Fort Smith city directors that about 70% of the citys reported leaks have been fixed.

McAvoy reported at the boards study session Tuesday (Feb. 11) that as of Feb. 4, the city only had 212 reported leaks left to repair. There are 135 sites where the leak has been repaired, but there is still work to be done on site restoration.

At a Feb. 5 board meeting, directors approved hiring 10 additional employees for the water and sewer department who would join the 17 department employees to create nine three-person teams working to fix the 700 leaks in the citys water system as well as taking care of new leaks reported to the department. The goal was to be caught up on the leaks in 18 months, then utilities director Jerry Walters told the board.

Nine months later, McAvoy told the board the city still had around 700 leaks needing repair. At that time, the city had not received the $350,700 worth of additional equipment, essential to build the nine teams, the board approved through a resolution Aug. 20. The city also had not filled all 10 of the new positions.

Since November, some of the new equipment has arrived and more employees have been hired, McAvoy said. This, along with crews working seven days a week except during holidays, has helped the city begin to get a leg up on the leaks.

Those numbers indicate less new leaks reported than what we repaired. We actually caught up by 48 leaks in October, 22 in November, 41 in December and 43 in January, McAvoy said, regarding a handout he gave directors. This means we are gaining on the leak issue.

Total leak repairs completed those months were 73 in October, 42 in November, 65 in December and 69 in January. That does not add up to 500 the difference between the amount of leaks on the citys books in November as compared to the number outstanding now. That is because over the past few months utility department workers have gone out and put eyes on every leak on the list. In doing so, they found many leaks had actually been repaired, but the work orders had never been closed, McAvoy said.

About a year ago, we went through our work orders with an internal audit and found several that had never been closed out. Apparently, we didnt fix the problem because that problem still exists. We went from a whole bunch down to just over 200. We are actually looking much better that what we were in November, he said.

After completing the backlog of leaks, the teams will continue to repair new leaks as well as turn toward a proactive system of preventative maintenance on the water system, which will include valve replacements, meter replacement and unidirectional flushing of the 720 miles of water lines, McAvoy said.

We have worked reactionary for too long. For every dollar you spend being proactive, you save $4 spent reactionary, he said.

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Fort Smith utilities boss says the city is making progress on water leaks - talkbusiness.net

GW Pharmaceuticals plc to Report Financial Results and Operational Progress for the Fourth Quarter and Year Ending December 31, 2019 and Host…

LONDON and CARLSBAD, Calif., Feb. 12, 2020 (GLOBE NEWSWIRE) -- GW Pharmaceuticals plc (Nasdaq: GWPH, GW or the Company), a biopharmaceutical company focused on discovering, developing and commercializing novel therapeutics from its proprietary cannabinoid product platform, will announce on February 25th, 2020 its financial results for the fourth quarter and year ending December 31st, 2019. GW will also host a conference call the same day at 4:30 p.m. ET. Conference call information will be provided in the financial results press release. A replay of the call will also be available through the Company's website (www.gwpharm.com) shortly after the call.

About GW Pharmaceuticals plc and Greenwich Biosciences, Inc.Founded in 1998, GW is a biopharmaceutical company focused on discovering, developing and commercializing novel therapeutics from its proprietary cannabinoid product platform in a broad range of disease areas. The Companys lead product, EPIDIOLEX (cannabidiol) oral solution, CV, is commercialized in the U.S. by its U.S. subsidiary Greenwich Biosciences for the treatment of seizures associated with Lennox-Gastaut syndrome (LGS) or Dravet syndrome in patients two years of age or older. This product has received approval in the European Union under the tradename EPIDYOLEX. The Company has submitted a supplemental New Drug Application (sNDA) to the U.S. Food and Drug Administration (FDA) to expand the indication for Epidiolex to include seizures associated with Tuberous Sclerosis Complex (TSC), for which it has reported positive Phase 3 data, and is carrying out a Phase 3 trial in Rett syndrome. The Company has a deep pipeline of additional cannabinoid product candidates, in particular nabiximols, for which the Company is advancing multiple late-stage clinical programs in order to seek FDA approval in the treatment of spasticity associated with multiple sclerosis and spinal cord injury, as well as for the treatment of PTSD. The Company has additional cannabinoid product candidates in Phase 2 trials for autism and schizophrenia. For further information, please visit http://www.gwpharm.com.

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Find that Harriet Tubman in you – Progress Index

Actress and historical interpreter encourages audience at film screening to look at their reflection, see their inner hero

PETERSBURG Against the backdrop of a film depicting the life of Harriet Tubman, an actress from that movie challenged her Petersburg Public Library audience to look no farther than their own reflection when searching for a hero.

Often times we want to look for whos the next hero, but in reality we can look in the mirror and say, Find the hero in you. Find that Harriet Tubman in you, Morgan Avery McCoy said. If we do that, not only will we be better people, our world would be a better place.

McCoy, an actress and historical interpreter, had a role in the film Harriet, portions of which were shot in Petersburg. She played a freed domestic worker named Jesse who shared some on-screen time with Cynthia Erivo, who played the title role. The movie explains Tubmans involvement with the abolitionist Underground Railroad, a network that allowed Africans to escape northward into areas where slavery was illegal.

The Petersburg Public Library hosted a free screening of the 2019 film, followed by a workshop from McCoy based on her one-woman show, Evolution of the Black Girl from the Slave House to the White House. One of the 12 characters McCoy portrays in the show is a school teacher leading a lesson on Tubman.

Its been such a gift to be able to be in a film about a woman that I talk about all the time, said McCoy, who was born in Newport News and now lives in Chesterfield County. She said she was especially excited to work in the movie because she got a chance to work in my own back yard.

In the film, portions of Old Towne Petersburg served as mid-1800s Philadelphia.

It was so important to tell this story of an American hero, and thats who Harriet Tubman was and thats what she exemplifies, McCoy said.

There were no empty seats at the screening, and all who attended came away from it inspired, as well as entertained.

I thought it was a great movie, said Kary Haskins of Petersburg. There was a lot in the movie that I didnt know originally how she travelled back and forth alone to get people and save people.

Haskins and a group from Tabernacle Baptist Church in Petersburg brought some youth from the church to see the movie.

I thought the movie was a great depiction to show a woman in a lead role, said AneSia Newton of Petersburg, a teacher at Petersburg High School. To really be strong and confident...not necessarily to show that she had to succumb to all the challenges. She could really fight the system to help her people become free which led to the changes we have today. She paved the way for the Michelle Obamas we have today.

I like how Harriet was brave and freed the slaves, stated seven-year-old Thomasina Gosier of Hopewell.

McCoy said she bases her workshop on 10 principles that Harriet Tubman exemplified that we can apply to our own life in order to be great servant leaders and create a better society, During the workshop, she advises the audience to look in their mirror and say to their reflection, I can be the next hero.

McCoy said she saw her appearance in Petersburg as an extension of her work across the country helping people embrace their inner heroism.

The film was an amazing portrayal of the great work that Harriet achieved, stated McCoy. Im really excited Petersburg brought me here to share this information with a variety of the community.

Kristi K. Higgins can be reached at 804-722-5162 or khiggins@progress-index.com. On Twitter: @KristiHigginsPI

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Find that Harriet Tubman in you - Progress Index

CDHI Foundation and IBM tracking the progress of Huntington’s disease using AI – ZDNet

US-based biomedical research organisation CHDI Foundation and IBM Research have released a joint research paper revealing the development of a new artificial intelligence-based predictive model that helps determine when patients will begin to experience symptoms of Huntington's disease (HD), and how quickly these symptoms will progress.

HD is a neurodegenerative disease that causes the progressive breakdown of brain nerve cells. But unlike other neurodegenerative diseases, HD is caused by a single gene mutation "with a striking correlation to age of motor symptom onset", according to CHDI Foundation chief clinical officer Cristina Sampaio.

"People with HD may be identified and tracked from an early age long before the onset of manifest symptoms. As a result, HD may also be a good entry point for gaining insight into the mechanisms of and the development of treatments for other neurodegenerative disorders, including Alzheimer's disease, Parkinson's disease, and amyotrophic lateral sclerosis," she told ZDNet.

The published paper, titledResting-state connectivity stratifies premanifest Huntington's disease by longitudinal cognitive decline rate, was released after three years of joint work between the two organisations and is the second paper to be published by the pair.

IBM Watson researcher Guillermo Cecchi said the paper focused on identifying how existing functional MRI (fMRI) data can be used to train artificial intelligence (AI) models to assess whether there is a change in a patient's motor and cognitive performance.

"Part of what we're trying to do is pinpoint with more accuracy what determines a particular patient with certain genetics will experience symptoms early in life or later in life," he said.

See also:IBM unveils new AI model to predict potentially harmful drug-to-drug interactions(TechRepublic)

He continued to explain how there was also the goal of uncovering people that were at higher risk of developing symptoms earlier, so they could eventually be a target for early intervention and monitoring in order to better understand the effects and outcomes of any new drug.

"Having that in mind, what we did was show that we can take a single brain scan and have accuracy about whether that particular patient belongs in the rapidly declining population or it belongs in the slowly declining population," Cecchi said.

"The way you know whether someone is slowly or rapidly declining is by looking at them over several years, so three, four, five years, and then you measure their motor symptoms and you can see over the course of five years whether the motor symptoms were changing slowly or changing very rapidly.

"But then you would need those five years to determine whether someone is deteriorating fast or slow, so what we're showing here is all you need is a single scan -- a functional MRI -- to have very good accuracy to determine whether that particular patient belongs to the fast declining or slow declining group."

Sampaio agreed that functional MRI can provide a "rich source of information", but noted its "technical complexity, until recently, has limited its broad application".

"In our study, we show that a single cross-sectional fMRI data point can predict future progression of cognitive and motor signs and symptoms of HD. Prognostic biomarkers that predict future events, like the fMRI in our study, are used to enrich for clinical-trial participants with certain pathological features to maximise the likelihood of success," she said.

"Our study results are a first step for HD clinical trials. We now need to further validate to develop fMRI as a robust prognostic biomarker in premanifest HD."

Read:Intel and GE Healthcare's X-ray machine uses embedded AI to prioritize scans (TechRepublic)

For the research, Cecchi said based on a "couple of hundred" scans, the AI model produced around an 80% accuracy output rate.

Moving forward, IBM Research and CHDI plan to replicate the study in other hospitals.

"We show that we can take data from one hospital, learn about it, and apply it to data acquired in another hospital, and still be robust and obtain the same results," Cecchi said.

Cecchi said the goal would be to eventually have the model approved by medical bodies globally and for it to be used as a standard in the field when it comes to not only HD, but other neurodegenerative diseases as well.

Similarly, a joint study by the Epilepsy Centre at Kuopio University Hospital, the University of Eastern Finland, and Neuro Event Labs resulted in the group successfully developing an AI algorithm to help quickly and automatically assess the severity of myoclonus jerks from video footage.

The model can be used to identify and track key points in the human body of myoclonus -- brief, involuntary muscle twitching -- which is the most progressive drug-resistant symptom in patients with myoclonus epilepsy type 1.

As part of the study, 10 clinical video-recorded test panels were used and it showed that the automatic method using the model correlated with the clinical evaluation. It was also able to quantify the smoothness of movement and detect small-amplitude and high-frequency myoclonic jerks by detecting and tracking predefined key points in the human body during movement.

Updated 13 February 2020, 9:37AM (AEDT): Correction it is CHDI Foundation.

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CDHI Foundation and IBM tracking the progress of Huntington's disease using AI - ZDNet