Legends of Tierra del Fuego

Satellite image of Tierra del Fuego

The incredible shrinking southern continent

As an American, I’ve always been accustomed to clearly defined state, national, and continental boundaries. The border between Canada and the United States, for example, may be an arbitrary line of latitude, but we all know exactly where it is—what’s in, and what’s out. We know exactly where North America stops and Central America starts; we also know when we’ve reached the easternmost or westernmost edge of the continent because we run into an ocean. Sure, there’s the odd island off the coast here or there, but conceptually, these cause no problems for my notion of what a continent is.

The map of South America, though, has always offended my sense of geographical tidiness. At the southern end of the continent, the land sort of swoops out to the east—but wait, that last big chunk is actually an island. Is that part of the continent? And what about the bazillions of smaller islands littering the coastline to the south and west? If I’m on one of those islands, am I on the continent or not? The geological answer is yes—I’m on the same continental plate. The political answer is also yes—any given spot of any given island is uncontroversially under the control of either Chile or Argentina. But to the average person on the street (or boat, as the case may be), these boundaries are neither visible nor intuitive. Today, we can get the answers to such questions from highly accurate maps. Hundreds of years ago, though, the answers were far less obvious. Speculation about continental boundaries led to some fanciful maps, tall tales, and grand adventures.

What Goes Around

I was standing in a museum in a town on Tierra del Fuego—a name given to the entire archipelago of little islands at the tip of South America as well as to its largest island, which is known more properly as Isla Grande de Tierra del Fuego. (For other articles I’ve written here about Tierra del Fuego, see Ushuaia, Extinction of the Yámana, and Pan del Indio.) On the wall was a map from the 16th century showing the landmass we know today as South America extending all the way south to connect with a vast southern continent much larger than Antarctica. In other words: an unbroken stretch of land all the way from pole to pole. This hypothetical continent, which also encompassed Australia, had a detailed imaginary coastline that was represented as being accurate, even though no cartographer had come anywhere near it. Europeans at the time referred to this continent as Terra Incognita (the Unknown Land)—or Terra Australis (the Southern Land). In the 4th century BCE, Aristotle had advanced the idea that a great southern continent must exist, because without it the world would be top-heavy. This view was later expanded on and popularized by Greek geographer Ptolemy in the 2nd century CE. But as of the early 16th century, no European had actually seen this land.

In 1520, Ferdinand Magellan became the first European explorer to discover a sea route from the Atlantic ocean to the waters west of South America, to which he gave the unfortunate name “Pacific ocean.” But as he was passing through what came to be called the Strait of Magellan, with South America clearly on his right, Magellan could also see land to his left. When he realized the channel went all the way through, he drew what was for him the logical conclusion: that land he’d seen to the south must be the tip of the great southern continent. He gave it the name Tierra del Fuego (“land of fire”) upon seeing the smoke rising from numerous fires built by the land’s inhabitants. This name, of course, suited the continent’s popular image as a mysterious and forbidding place. And Magellan’s discovery—apparently the first proof of the existence of Terra Australis—required only minor modifications to the maps of the time.

Down and Out

It was not until 1578 that Francis Drake, in an attempt to circumnavigate the globe, discovered the truth about Tierra del Fuego. Drake sailed through the Strait of Magellan, but his ship was blown south by a storm; he soon found himself rounding the tip of a large island chain. Now there was another way to get between the oceans—the Drake Passage. Although Drake did not sail all the way to Antarctica, he again drew the logical conclusion that it must be down there somewhere—as in fact, by chance, it was. Shortly thereafter, in 1616, Cape Horn—at the tip of Horn Island—was identified as the southernmost point of land that could be construed as part of South America. In the 18th century, captain James Cook discovered the location of Australia—and that it, too, was not the imagined southern continent, its new name notwithstanding. Only in the early 19th century did explorers first set foot on Antarctica and begin to correct the old maps once and for all.

All of the foregoing is, I’m sure, familiar to anyone who (unlike me) actually paid attention in history and geography classes. But it was a revelation to me, looking at an old map in a museum, that assumptions about the nature of the world—unsubstantiated though they were—could have led to such startling errors, such blatant (if well-meaning) fabrications, and so many years during which myths were misrepresented as fact. True or not, deeply ingrained beliefs die hard. If you never thought you could learn anything from history, keep this little lesson in mind as you read today’s news.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on February 22, 2005.

Image credit: NASA [Public Domain]


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Author: Joe Kissell

Penguin Awareness Day

An emperor penguin

It’s Penguin Awareness Day! OK, on the count of three, everyone be aware of penguins. One…two…three! Boom. Done.

If you want to be extra aware of penguins today, here are some suggestions:

Image credit: Pexels


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Author: Joe Kissell

Coffee Decaffeination Processes

Coffee beans

Less buzz for your buck

Every day it seems medical researchers come out with a new study about coffee, how it is extremely unhealthy for you and/or full of amazing benefits. The focus of most of these studies is more particularly about the effects of caffeine on human health, caffeine being coffee’s most potent element. As caffeine is a stimulant, it can produce both positive and negative effects. It can wake you up in the morning, but it can also lead to sleeplessness, a racing heartbeat, and anxiety.

It is therefore no surprise that many people have decided to cut caffeine out of their diets. What I sometimes find surprising is how many people still opt to drink coffee, just without the caffeine. I have grown to like the taste of coffee, but to me the main purpose of drinking it is to get an extra jolt of energy.

I’ll admit to a certain prejudice against decaf, perhaps prompted by bad experiences in the past with weak and tasteless brews. It is true that the actual process of removing caffeine from coffee can degrade the taste beyond repair, but new methods of decaffeination have been developed to help the coffee retain more of its flavor in the process. In addition, researchers continue to look for and cultivate new strains of coffee plants that produce beans with a naturally low level of caffeine. This may all spell good news for those who still crave coffee without its kick.

Buzz Kill

Early decaffeination attempts involved soaking the green beans in water and then using various solvents to separate out the caffeine in the resulting water solution. The beans were then re-introduced to the caffeine-free solution in order to absorb some of the flavor they had lost. Solvents used included benzene, chloroform, and trichloroethylene, all of which were later found to have toxic effects. In the 1970s, dichloromethane came into use to replace the earlier solvents before it too was deemed possibly carcinogenic.

In response to these concerns about solvents, some coffee companies began to run the water solution through charcoal filters as a means of removing the caffeine. The so-called Swiss Water Process, developed in Switzerland in the 1930s, goes one step further. After a batch of coffee beans has been steeped in hot water, that water is filtered (the resulting solution is referred to as “flavor-charged”), and then is used to soak the next batch of beans to be processed. In this way, the beans lose caffeine as they soak, but lose less of their flavor. Currently there is only one official Swiss Water Process plant in operation in the world, located near Vancouver, British Columbia.

Yet another method that aims to safely remove caffeine from coffee beans involves a fascinating chemical process. The solvent used in this method is neither water nor one of the earlier toxic solvents. Instead, caffeine in the coffee beans is dissolved by means of carbon dioxide. In order to accomplish this, the carbon dioxide must become a supercritical fluid, created when it is compressed and heated to the point that it has the same density in liquid and gaseous forms. As this supercritical CO2 is passed through the beans, it can penetrate them because of its gaseous properties, and yet is able to dissolve the caffeine they contain because of its liquid properties.

Hold the Caffeine

All these decaffeination methods are useful in extracting the caffeine from beans that already contain it, but how much more efficient would it be if the beans themselves contained less caffeine in their natural state? In 2004, news reports came out that Brazilian scientists had identified three coffee plants from Ethiopia that contain almost no caffeine; these plants seemingly lack an enzyme necessary to caffeine production. Since then, owing to various difficulties cultivating commercially viable versions of these plants, it seems no substantial progress has been made in bringing this coffee to market. Complications have included very low yields from the caffeine-free plants, the problem of pests (since caffeine seems to be the plant’s way of protecting itself from predators), and the inability to prevent cross-pollination with other caffeine-laden plants.

Although researchers around the world continue to search for the perfect way to cultivate caffeine-free coffee plants, for now the current methods of decaffeination will have to suffice for decaf junkies seeking their fix of coffee that not only tastes great, but won’t keep them up half the night. As for me, I do want to stay up half the night, so I’ll stick to my full-strength brew.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on June 15, 2007.

Image credit: Pixabay


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Author: Morgen Jahnke

National Popcorn Day

Popcorn

I liked popcorn as a kid, and then—for reasons I am at a loss to explain—I went through a multi-decade period of not liking it. But now I’m back to liking it again. As long as it’s buttered and seasoned, that is. Or covered with caramel or chocolate or whatever. (Plain, unsalted popcorn is pretty disgusting.) I don’t know why today was designated National Popcorn Day but I do know that movies go really well with popcorn. So head on down to your local popcorn dealership today, and pick up some movies while you’re at it.

Image credit: Logicaldisaster~commonswiki [GFDL or CC-BY-SA-3.0], via Wikimedia Commons


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Author: Joe Kissell

A week in family law: Child maintenance changes, Cafcass figures, and more

It’s been a strangely quiet week for family law news. Perhaps there has been some other big news story happening, I don’t know. Still, I did come up with the following:

The NSPCC has said that the law must recognise children as victims of domestic abuse between parents. They point out that Department for Education figures for 2017/18 show domestic abuse was a factor in 246,720 child protection assessments across England – more than half of all child protection assessments, where factors were identified, during that period. The government are yet to publish the outcomes of last year’s consultation on domestic abuse, but their proposed new definition of domestic abuse only refers to the effects of abuse on those aged 16 and over, leaving younger children unrecognised by the justice system. The charity says that legal recognition would give children greater protection through domestic abuse protection orders, help professionals take action to protect children at risk, and help authorities ensure there are specific support services for children and young people.

Almudena Lara, Head of Policy at the NSPCC, said:

“It is quite astonishing that the government is dragging its feet when deciding whether to recognise young people as victims when almost a quarter of a million children that we know of are living with domestic abuse in England alone. As well as the day-to-day distress that living with domestic abuse creates, it can cause long-term problems into adulthood that can only be addressed through targeted services that understand the complex trauma children living with domestic abuse experience. For this to be done effectively we need government to open their eyes to the harm domestic abuse has on children and give them victim status in the upcoming White Paper to ensure they receive the services they need.”

All of which appears very sensible.

A consultation has been launched by the Department for Work and Pensions seeking views on changes to the powers that the Child Maintenance Service (‘CMS’) use to calculate child maintenance and enforce payments. The proposals in the consultation seek to strengthen the current, 2012, child maintenance scheme. The CMS has a range of powers to obtain information necessary to ensure child maintenance liabilities can be accurately calculated and, where necessary, enforced. The consultation seeks views on changes to two particular aspects of these powers: qualifying a CMS inspector’s ability to enter private property and widening of the current list of organisations with a legal obligation to provide information following a request by the CMS. The consultation period ends on the 11th of February. I haven’t really given these changes much thought, but in general anything that makes it more likely that children will benefit from child maintenance must surely be a good thing.

The tide really does seem to have turned at last when it comes to the number of care order applications being made. The latest figures for care applications and private law demand, for December 2018, have been published by Cafcass. In that month the service received a total of 975 new care applications, the first time the number has dipped below the 1000 mark in more than three years. The figure is 4.6% (47 applications) lower than December 2017. As to private law demand, the picture is not so good: Cafcass received a total of 3,105 new cases during December 2018. This is 13.1% (360 cases) higher than December 2017, and the second highest December figure on record.

And finally, The Guardian has reported that a mother involved in long-running care proceedings concerning her teenaged son has been spared jail for accepting an invitation to attend a parents’ evening at his school. I’ve not seen a report of this judgment (you can find one of Mr Justice Hayden’s previous judgments in relation to the case here), but apparently the court’s order that the mother should not contact the boy included an exemption to the effect that she could “attend parents’ evening at the request of the school”, and the mother claimed that this included the “generic invite” that she had received. The local authority applied to have her committed to prison for breaching the order, but Mr Justice Hayden declined to make a committal order, saying that the invite had been sent in error. He did, however, order that the clause that allowed the mother to accept invitations from the school be removed.

Have a good weekend.

The post A week in family law: Child maintenance changes, Cafcass figures, and more appeared first on Stowe Family Law.


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Author: John Bolch

Athabasca Sand Dunes

Aerial view of the Athabasca sand dunes

Saskatchewan’s shifting sands

Picture of a part of the world covered with enormous sand dunes. You may be thinking of a desert in Africa, Asia, or the southwestern United States. But there’s another place, above the 49th parallel, where you can find such sand dunes—Saskatchewan, Canada. Many people associate Saskatchewan with its prairie landscape, but although the southern half of the province—where you’ll find major cities such as Regina and Saskatoon—is mostly prairie grasslands, the northern half is a wild expanse of rivers, lakes, and coniferous forests. In its south-central region it even has a salt lake with a salinity that is half that of the Dead Sea, Little Manitou Lake (Cree for “Lake of Good Spirit”). And Cypress Hills, in the southeastern corner of the province, is the highest point in Canada between Labrador and the Rockies. This diversity is not so surprising when you consider that Saskatchewan is twice the size of Italy and almost as big as Texas.

Located in the far northwest corner of Saskatchewan, almost at the border with the Northwest Territories, the province’s largest lake, Lake Athabasca, is accessible only by floatplane, there being no roads that go that far north. On the south side of the lake is a natural geological formation that is unique and surprising to find at this northern latitude—the Athabasca Sand Dunes. In places 30 meters (98 feet) high, and stretching 100 km (62 miles) along the shore of Lake Athabasca, the Athabasca Sand Dunes are the world’s largest area of active sand dunes north of 58 degrees latitude.

Don’t Desert Me

Although we often associate sand dunes with deserts, in the case of the Athabasca Sand Dunes, this doesn’t hold true. For one thing, deserts are identified by their lack of water, and not only do these dunes border 7,850 square kilometers (3,030 square miles) of water, they also contain significant patches of water in places, percolating up from the shallow water table below. Another feature of deserts—limited plant and animal life—does not hold true for these sand dunes either. In fact, of the 300 plant species that grow in the dunes, there are 10 species that are endemic (found nowhere else in the world), and another 42 species that are considered rare in the province. Not that the dunes are entirely welcoming to the local flora. Because the dunes are active, shifted by wind and eroded by water, they are constantly on the move. Visitors to the region tell of seeing entire stands of skeletal trees emerging from the sand—once above ground and flourishing, these trees were slowly buried by the shifting sand, and now are revealed by further dune movements.

So, if these sand dunes are not a desert ecosystem, created by extreme drought and aridity, how were they formed? The short answer is: the glaciers did it. The sand dunes are the product of the Athabasca sandstone formation, originally a delta in a freshwater lake created out of materials eroded from ancient mountain ranges by glaciers and rivers one billion years ago. These materials were eventually compressed into sandstone, and later still, eroded by wind, water, and glaciers to create the sand dunes that exist today. Of course, I also find the native Dene legend about the dunes’ creation interesting—that a giant man speared a giant beaver, which thrashed and ground the earth with its tail, making soil into sand.

Sand by Me

The dunes are now protected as part of the Athabasca Sand Dunes Provincial Park, but there is little infrastructure to welcome visitors. Aside from lack of accessibility (via floatplane only), there are no services available at the site. You need to be well versed in outdoor survival skills, or sign up for a guided tour. For the armchair traveler, you can see stunning photographs of the dunes on the Photo Journeys blog of photographers Robin and Arlene Karpan.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on July 3, 2004.

Image credit: Tim Beckett [CC BY 2.0], via Wikimedia Commons


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Author: Morgen Jahnke

Thesaurus Day

A thesaurus

If you’re looking for a synonym for the word “thesaurus,” forget about consulting the Merriam-Webster online thesaurus: it says there isn’t one. But of course Thesaurus Day honors Peter Mark Roget, eponym of Roget’s Thesaurus, who was born on this date in 1779. The Roget’s online thesaurus also lists no single-word synonyms for “thesaurus,” though it does suggest “storehouse of words” and “treasury of words.” To celebrate Thesaurus Day, go learn some new words! (You can start with eponym if you don’t already know what it means.)

Image credit: Ray MacLean [CC BY 2.0], via Flickr


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Author: Joe Kissell

Pont v. Pont

(California Court of Appeal) – Held that a former husband was entitled to an attorney fee award when he prevailed in his former wife’s lawsuit alleging that he siphoned some of the marriage’s community assets. Fee awards were authorized under a stipulated divorce judgment if the parties ended up back in court.


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Valuing a company established prior to the marriage

It is a common scenario that one of the main assets of a marriage is a business that was acquired or established by one of the parties prior to the marriage. When the marriage breaks down the court will often order that the value of the business that accumulated during the marriage should be shared between the parties. Accordingly, the court must decide two matters in relation to the business: how much is it worth, and what proportion of that sum accumulated prior to the marriage?

These were the central questions in the recent Court of Appeal case Martin v Martin.

Now, there is an awful lot going on in Martin v Martin (as is often the case in big money financial remedy cases, especially when they are concerned with business assets), and I am just going to scratch the surface here. If you want all the detail, you can read the full judgment, all 147 paragraphs of it, at the link below. I’m just going to concentrate on those two central questions, dealing with them as simply (and hopefully understandably!) as I can. I have also taken some small liberties with the case, for the sake of clarity.

Extremely briefly, the relevant facts in the case were that the husband started the business in 1978, the parties began living together in 1986, were married in 1989, separated in 2015, and divorce proceedings ensued. (I told you it would be brief!)

In 2017 the wife’s financial remedies application was determined by Mr Justice Mostyn. He awarded the wife a half share of the marital wealth, which included the value of the husband’s company (and other assets), less its value as at the date the parties started living together.

To value the company, Mr Justice Mostyn used its net value, which he considered was equivalent to cash, as “the only difference between it (i.e. the company) and its cash proceeds is … the sound of the auctioneer’s hammer”. In other words, the value of the company was “the estimate of what it will sell for now”.

To determine the value of the company as at the date that the parties began cohabiting Mr Justice Mostyn applied a ‘straight line apportionment’ to the present value of the company, from the date that it was first incorporated in 1978 to the date of the hearing. To understand this, I refer the reader to paragraph 19 of Mr Justice Mostyn’s judgment (which you can find here), which sets out the method in graphical form.

The wife appealed against the decision, to the Court of Appeal, and the husband cross-appealed. Both appeals were in relation to how Mr Justice Mostyn had approached those two central questions in relation to the company. The wife argued that he was wrong to use a straight line apportionment, and the husband argued that he had wrongly treated the value he ascribed to the company as equivalent to cash and, as a result, had awarded the wife an unfair proportion of the ‘non-risk’ assets.

The leading judgment of the Court of Appeal was given by Lord Justice Moylan.

As to the question of the valuation of the company, he found that the husband had not shown that Mr Justice Mostyn’s factual determination of the value of the company was wrong. However, Mr Justice Mostyn was wrong when he said that the “only difference between [the company] and its cash proceeds is … the sound of the auctioneer’s hammer”. As a result of this conclusion Mr Justice Mostyn failed to consider whether his proposed award achieved “a fair division of both the copper-bottomed assets and the illiquid and risk laden assets”. There was no evidence that the sum awarded to the wife could be extracted from the company within the timescale that Mr Justice Mostyn envisaged. Lord Justice Moylan therefore increased the period for the payment of that sum, from one year to four years.

As to the question of the value of the company as at the date that the parties began to cohabit, Lord Justice Moylan found that Mr Justice Mostyn was entitled to adopt the straight line apportionment approach. That approach may be ‘broad brush’, but it saved the time and expense of getting an accountancy valuation. He also found that it “resonates with fairness”, because it “takes an overarching view of the weight to be attributed to the husband’s contributions to the business throughout its existence.”

Accordingly, Lord Justice Moylan dismissed the wife’s appeal, and only allowed the husband’s appeal to the extent set out above.

Lords Justices Coulson and Simon gave concurring judgments.

If you wish to, you can read the full Court of Appeal judgment here.

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Author: John Bolch