National Cherry Pie Day

A slice of cherry pie

I’ll gladly consume almost any type of pie (well, not key lime), but I have a special fondness for cherry pie, that quintessentially American dessert with a delightful mix of sweet and tart flavors. I don’t think I fully realized the superiority of cherry pie until I watched Twin Peaks, after which it seemed obvious. (I have, by the way, met Pat Cokewell, the woman who baked the amazing cherry pie that inspired David Lynch to make it a Thing in Twin Peaks—and I’ve tried her pie too. He wasn’t wrong about that.) It’s National Cherry Pie Day today, and I should probably get myself a nice large pie—big enough that there will still be leftovers on February 24, which will be Twin Peaks Day. Hmmmm. I don’t know if they make pies that big.

Image credit: Sam Howzit [CC BY 2.0], via Flickr


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Author: Joe Kissell

Mother did not fail to protect her children

I don’t normally comment here in detail on public law cases, but as the events that happened to the mother in the recent case L-W Children could happen to pretty well any parent, I thought it might be of interest to readers of this blog.

The case primarily concerned the mother, her four year old daughter (‘L’) and the mother’s new partner (‘GL’), who was not L’s father but had fathered twins with the mother. The mother, GL, and the three children appeared to be a perfectly ‘normal’ family. As Lady Justice King remarked:

“Prior to the events which took place in January 2018, there had not been, and there was no reason to believe that there should be, any involvement by social care in the domestic lives of either the mother or GL.”

It was true, she said, that GL was known to have a quick temper, but there was no suggestion that there had been violence at any time within the household. It was also true that L, as is not unusual for children of her age, was known to tell lies about various matters.

So what happened in January 2018? Well, it was the nightmare scenario for the mother.

On Friday the 12th of January and Saturday the 13th, L stayed overnight with her father, returning on Sunday the 14th. The mother went to work on the Sunday afternoon, leaving the three children in the care of GL. So far as the mother was aware, L went to bed in the usual way between 6-6.30pm, as did the twins.

The mother returned from work at 10.15pm. She went upstairs to kiss L goodnight, and noticed a lump on her forehead. L told her that this had happened when she had fallen on her doll’s house whilst visiting her father. As the only light in the bedroom was a nightlight, the mother did not notice any other bruising to L’s head or face at that time.

The following morning the mother saw that the lump on L’s head was significantly bigger, and that she had bruising to the left-side of her face and her ear. When asked how she had come by the bruises, L said that her father’s partner had caused them. The mother checked L’s whole body and discovered a number of fresh bruises.

The mother then phoned the GP in order for L to be checked out, and also called the health visitor. In addition she contacted GL, who was at work, and L’s father, asking what had happened to L whilst she was in his care. GL returned home. The mother did not ask him what had happened to L, as she was afraid that this would have “caused a big row”.

GL told the mother not to go to the GP, but the mother ignored him. A child protection referral was made and at the subsequent child protection medical, a number of very concerning bruises, particularly around L’s left ear, were seen. The bruises were highly indicative of non-accidental inflicted injuries.

Care proceedings were commenced in April, and at a hearing in September the judge found that GL had inflicted the bruising to L, and that the mother had failed to protect L from physical abuse at the hands of GL, and also her other two children from the risk of physical abuse at the hands of GL. The mother appealed against that finding, to the Court of Appeal.

Giving the leading judgment of the Court of Appeal Lady Justice King found that there was no evidence which could properly lead to a finding that the mother failed to protect her children. She knew that GL had a short temper, and had been involved in violent incidents with two adult males, but this did not mean that she should have known that he presented a risk of physical abuse to L or the twins, and that therefore she should not have left the children in his care. She had failed to ask GL what had happened whilst she was at work, but GL’s “unattractive personality traits and/or the controlling personality of GL did not prevent the mother from acting quickly and appropriately when her child was injured, and she maintained her independence sufficiently wholly to ignore GL’s suggestion that L should not be taken to see a doctor.”

The appeal was therefore allowed, and the finding against the mother deleted.

As I indicated at the beginning of this post, it is easy to imagine this kind of scenario happening in many families. After all, who really knows what their partner is capable of? This mother, however, could not have been expected to know, and when she found out what had happened to her child she did pretty well all of the right things. To say that she had failed to protect her children would be harsh in the extreme.

You can read the full judgment here.

The post Mother did not fail to protect her children appeared first on Stowe Family Law.


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Author: John Bolch

Chinooks

An arch of clouds during a chinook wind

Snow-eating winds of the Rockies

For those who live in wintry climates, it can sometimes seem like spring will never arrive. Around the beginning of March in the upper Northern Hemisphere there is a palpable restlessness, an eagerness to shed winter clothing and begin planting spring gardens. At the northern latitude in which I grew up, winter would often linger into April, if not longer, and the sight of snow, which once seemed so novel in the fall, became unbearable.

Amongst these wintry places, however, there are regions where spring can arrive suddenly in the middle of January, but retreat just as suddenly. One such region, an area encompassing the southern half of the Canadian province of Alberta, along with parts of Montana and the Dakotas, is subject to a unique meteorological process that can cause this type of extreme variation in temperature. Known as the Chinook wind, or simply chinooks, this phenomenon is responsible for record-breaking fluctuations of temperature and humidity, as well as bringing relief to a winter-weary population.

Chinook of the North

Named for the Chinookan people of Oregon and Washington, where the wind was believed to originate, there are actually two species of chinooks. The term is used to describe both a warm, wet southwesterly wind that blows into Puget Sound and the coastal areas of British Columbia, and also the dry, warm wind that crosses the Rockies into Alberta and the northern states. In actuality, it is the same wind, but with very different effects. Chinooks in the west (usually pronounced “chin-ook”) bring heavy precipitation into coastal areas, and then move over the mountains, losing moisture as they go, before descending to the plains as the warm, dry Chinook (“shin-ook”).

This transformation takes place when the moisture-laden wind, driven up the western slopes of the Rockies, cools and expands, releasing water vapor as rain or snow. This drier wind then flows down the eastern side of the range, gaining heat as it loses elevation at a greater rate than it would have with the extra moisture. This phenomenon, called a Föhn wind, occurs in other parts of the world where wind moves over mountain ranges, such as in the Alps, the Pyrenees, and the Andes (for examples of Föhn winds, go to 11 Famous Winds at SenseList).

Blowin’ in the Wind

The effects of the eastern chinooks can be truly startling, as in the case of a chinook that blew into Loma, Montana, on January 15, 1972. The temperature in Loma before the wind arrived was –54°F (–48°C), and eventually rose to 49°F (9°C), a change of 103°F (57°C), making it the most extreme change in temperature ever recorded in a 24-hour period. Another record-setting chinook, this time affecting the Black Hills city of Spearfish, South Dakota on January 22, 1943, raised the local temperature 49° F (27° C) in two minutes (from –4°F/–20°C to 45°F/7°C), the fastest rise ever recorded. The city of Calgary, Alberta has also seen record-breaking changes in temperature and humidity caused by chinooks, and experiences chinook-influenced weather for about 30 to 35 days every year.

Besides creating warmer weather (and often leading to rapid snow melt), chinooks have other effects that are not so welcome. The swift change in temperature and moisture can wreak havoc with soil conditions and the health of trees, plants, livestock, and humans. Some people report increased headaches, anxiety, and irritability when chinooks arrive, although there are many whose moods are elevated by the unseasonably warm weather. Unfortunately, this respite is usually only temporary, and winter conditions can set in once again, leaving locals to resume their restless pining for spring.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on March 7, 2007.

Image credit: Surrealplaces at the English language Wikipedia [CC BY-SA 3.0], via Wikimedia Commons


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Author: Morgen Jahnke

National Chocolate Mint Day

Girl Scout Thin Mint cookies

In the United States, it’s currently Girl Scout Cookie season. This is the time of year when we’re all helpless—helpless, I tell you—to refuse the endless requests to buy delicious cookies and support a worthy cause. Just $5 a box, and think of all the space that will free up in your wallet! My family has already made a couple of purchases. The kids like Samoas, but for me, the One True Girl Scout Cookie will always be Thin Mint. I’ve stocked up—maybe not enough to last me until next year, but I’ll do my best to ration them. And it’s convenient, because today is also National Chocolate Mint Day, and although you are of course free to use any combination of mint and chocolate (Andes Mints? After Eight? York Peppermint Patties?), there’s just no beating the perfect balance of Thin Mint cookies. The only thing is, and I don’t mean this as a criticism, they’re pretty small. So you should certainly eat several at a time, and that’s going to mean working your way through your stash faster, so…maybe pick up a few extra boxes?

Image credit: carol [CC BY 2.5], via Wikimedia Commons


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Author: Joe Kissell

How can a prenuptial agreement protect a business?

Getting married is usually a carefully thought out and planned event. Even if it is a spur of the moment courthouse wedding, spouses think about what it means to be married. For some, this thought comes into play long before the wedding ceremony. And, because of this, spouses may consider what kind of role marital agreements might have. A prenuptial agreement may be a beneficial document to consider prior to a couple’s union.

The thought of divorce before a marriage has even begun is anything but romantic. Although the conversation can be difficult, including a prenuptial agreement in a marriage can help not only obtain useful financial information about an intended spouse, but it can also highlight what safeguards a person might want to include. This is especially true for those who have their own business.

How can a prenup protect a business? Prenups are a source of protection, and if one spouse has significantly has more assets, it is clear that protections are in order. Whether it is a small business or a family business, it is important to details how exactly a person wants the business treated. Much like a divorce impacts all the areas of a marriage, a divorce could reach a business, impacting its ability to remain.

By keeping a business separate from marital property, the longevity of a business is protected. This not only keeps the operation of the business running smoothly, it also ensures that the profits from the business are not up for division.

There are many things to think about when getting married, as it is two lives coming together as one unit. It is important to consider a premarital agreement and how it could benefit you.


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Author: On behalf of Katie L. Lewis of Katie L. Lewis, P.C. Family Law

What will be the next great family law reform?

One should never of course count one’s chickens, especially when it comes to the promises of politicians, but let us just for one moment assume that the long battle to bring in no-fault divorce has been won. What, then, will be the next great family law reform? What do people want in terms of changes to the substantive law (rather than just to the procedure), and which of those things is likely to happen?

There are, of course, other reforms in the pipeline apart from the introduction of no-fault divorce.

The battle to bring in civil partnerships for same-sex couples, for example, also seems to be almost over. It may not affect so many as no-fault divorce, and the battle may not have taken anything like as long, but it was certainly hard-fought, also going right up to the Supreme Court last year.

And the law on domestic violence/abuse is also in the process of being overhauled, hopefully for the better.

But it is not all good news. Things may be happening on the legal aid front, but the battle there is essentially lost. We will never return to a system where everyone has equal access to the law, irrespective of their means. Sadly, the law will for the foreseeable future be a two-tier system, with only the better off receiving a proper service.

There are, of course, other changes under way, such as the introduction of Specialist Financial Remedy Courts, but that is a procedural reform, rather than a reform of the law itself. Similarly, digital ways of doing things, for example issuing divorce proceedings, are just changes to procedure.

So divorce, civil partnership, domestic abuse and legal aid do not seem likely candidates for further reform. What about other areas?

There are some calls for reform of the law relating to financial remedies on divorce, notably from Baroness Deech, who is seeking to push her Divorce (Financial Provision) Bill through Parliament. But the Bill is certainly not generally supported amongst family lawyers, having been strongly criticised by several eminent members of the profession. Whilst many do think that reform in this area is needed, there seems to be little consensus as to exactly what form the reform might take. It seems to me that any reform here is likely to be piecemeal, rather than anything that will make dramatic changes, in the way that no-fault divorce will. But then again, I could be wrong.

Moving on, there are, of course, still many shrill voices calling for further reform to the law on arrangements for children following parental separation (as I suspect there always will be), but there doesn’t really seem to me to be any great will for such reforms amongst family lawyers, and those currently in power. There has, of course, been much tinkering in this area over recent decades, and maybe it is time for a period of consolidation. Whatever, whilst there are probably few who think the present system is perfect, there again seems little consensus as to exactly how it might be further improved.

Which brings me to the introduction of property rights for cohabitees. Here, rather like with the introduction of no-fault divorce, there is great support for such a reform amongst family lawyers. There does not, however, seem to be much current appetite amongst the powers that be for this reform. They did discuss the possibility a few years back, but then kicked it into the long grass. Still, perhaps we family lawyers, free of the burden of promoting no-fault divorce, and flush with our success in that area, may be able to mount a similar campaign in this area? Once again, I suspect that the battle may be long and hard, but it would certainly be worth it.

Or maybe the next great family law reform will be none of these things. Maybe it will be something entirely new, something that will revolutionise the system in a way beyond my limited imagination.

One thing is certain, though. Whatever changes there may be, there will always be calls for more. That is how it has always been, and that is surely how it should be.

The post What will be the next great family law reform? appeared first on Stowe Family Law.


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Author: John Bolch

The Artwork of Rigo 23

One Tree painting by Rigo 95

Painting by the numbers

When it comes to art, I have very particular (and, often, unpopular) tastes. I’ve been to many of the world’s largest and most famous art museums, and I’ve seen and read enough to be able to talk fairly intelligently about what I’m looking at. But I must be brutally honest: of the many thousands of paintings, sculptures, photographs, multimedia installations, and other sorts of art I’ve seen in my lifetime, I have only actually enjoyed a tiny handful of pieces. My criteria for art enjoyment are quite narrow, having nothing to do with the time period in which something was made, the nationality of the artist, or the piece’s genre. If I had to deconstruct my art evaluation mechanism, I’d probably say I care about just three things: Is it visually appealing? Is it skillfully done? And is it interesting?

Needless to say, evaluating these three questions is a completely subjective matter, but in any case my answers tend to be “no” to all three more often than for most people. I don’t need art to be beautiful or evocative or metaphysically meaningful, but I do need it to flip those ineffable emotional switches in my brain that mean “this works for me.” Whatever else can be said about a piece of art, if I can’t grasp it in some basic way without reading a detailed treatise by the artist or some art expert on what it supposedly means, I don’t like it. In my book, the appreciation of a piece of art should be automatic, spontaneous, and immediate—not dependent on the knowledge of external facts.

Writing on the Wall

I say all of this to put today’s topic in perspective. Improbable though it may be, some of my favorite works of art are painted on the sides of buildings in unlikely places all over San Francisco. I’m not talking about graffiti, though. San Francisco is the proud home of a number of strange, gigantic paintings, many of which resemble traffic signs. These huge murals are just a sampling of the work of an artist who went by the name Rigo 82 in 1982, Rigo 83 in 1983, and so on up through Rigo 02 in 2002, after which he settled on Rigo 23 as a (presumably) permanent moniker. Others of his works appear in respectable museums in this city and around the world. But as you might infer from Rigo’s unusual surname(s), it’s hard to say whether the art or the artist is the more interesting subject.

The artist with the given name Ricardo Gouveia was born in Portugal in the late 1960s, making him about my age. In high school he was involved in a controversial underground magazine, and to disguise his identity he combined the first two letters of his first and last names to make the alias “Rigo.” He then went a step further and adopted the surname 82, reflecting the year at the time. Every year thereafter for 20 years he changed his name accordingly; he also said that his reasons for changing his name changed over time. Rigo came to the United States at age 19, earning a Bachelor of Fine Arts degree at the San Francisco Art Institute in 1991 and a Master of Fine Arts at Stanford in 1997. He has been creating his large-scale outdoor paintings since the mid-1980s.

Sign Me Up

The first of his paintings I recall seeing is also my favorite: One Tree, by Rigo 95. Right next to a freeway on-ramp, the painting, which looked just like a giant One Way sign, pointed directly at the single tree that just happened to occupy the tiny wedge of undeveloped ground between the building and the highway. It was simple, elegant, funny, and so obvious it was profound. (A couple of years ago, sadly, the painting was removed when the building changed ownership and then replaced—inexplicably, behind the tree it was supposed to be pointing at.) Rigo has used the One Way template in several other places. On one building is a large pair of arrows, one pointing upward that says “Birds” and the other pointing down that says “Cars” (Rigo 97); similarly, an abandoned building near downtown had a huge upward arrow that said “Sky” on one side and a downward arrow on the other side that said “Ground” (Rigo 98). Among his other works have been a painting in the shape of an interstate road sign on the side of a public housing building that says “Innercity Home” and the word “Extinct” superimposed on a black-and-yellow warning pattern behind a Shell gasoline station. Some of his works have been lost due to construction that blocks the view (or eliminates the building entirely), but for Rigo, this sort of impermanence is just an intrinsic feature of the urban landscape.

Not all of Rigo’s artwork is based on street signs. His work ranges from the decidedly representational to the utterly conceptual, and he works in media ranging from paints to pushpins to ceramic tiles. Some of his pieces are strictly intended for (the insides of) galleries and museums; others are made for a variety of public places. But all of them are bold, unusual, and accessible to ordinary people—even those with fairly picky (or rudimentary) ideas about what constitutes meaningful art. That’s what I enjoy about it so much: it’s art anyone can appreciate without having to be told why you should.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on September 6, 2003, and again in a slightly revised form on October 25, 2004.


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Author: Joe Kissell

National Drink Wine Day

A glass of red wine

As I’ve said numerous times, devoting a special day of the year to activities that ought to be performed every day seems odd, but then, the world is full of odd people. Today is National Drink Wine Day, so just a normal Monday here, but I suppose there are some people whose beverage of choice is, I don’t know, beer or grain alcohol or something, who should be encouraged to branch out a bit today and drink some fermented grape juice. It’s good stuff, and has numerous health benefits (as usual, when consumed in moderation). Bonus points if you can multitask while consuming your wine.

Image credit: Davide Restivo from Lenzburg, Aarau, Switzerland [CC BY-SA 2.0], via Wikimedia Commons


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Author: Joe Kissell

Image-Stabilizing Binoculars

The U.S. Army's M25 Stabilized Binocular

Complex solutions to a simple problem

When I got married, my wife gave me a wonderful wedding present: a pair of binoculars. I don’t recall ever having said, “I sure wish I had binoculars,” but I couldn’t have been more delighted at her choice. I remember having two distinct thoughts about the gift: first, that this woman must know me awfully well to discern that this is the kind of thing I’d think is not merely cool, but perfectly appropriate as a wedding present; and second, that I now had the ability to see things at a distance. This latter point is not as trivial as it sounds. I have pretty good eyesight, but whether I’m at a concert or play, or on a street corner in a strange city trying to get my bearings, it seems that I’m always about 20 meters too far away to make out the significant details of whatever I’m looking at. For some reason, it had never seriously occurred to me to solve this problem by investing in a pair of binoculars, but now that I unexpectedly had the ability to see things farther away than normal, I found myself excited by the possibilities it would open up.

I am not exactly the target audience for most binoculars—which is to say, I’m not into hunting, boating, bird watching, professional sports, amateur astronomy, or voyeurism. That said, I do find it quite handy to be able to get a closer look at a variety of things on occasion, and looking through binoculars has the curious effect of always making me wish I could see just a little closer still. In other words, if the binoculars reveal that the blur in the distance is in fact a bus, I inevitably wish they magnified the image slightly more so that I could read the number that would tell me if it’s the bus I’m waiting for. Unfortunately, if my wife had bought me binoculars with higher magnification, it actually would have worked against me. The facts of geometry being what they are, small hand movements are amplified dramatically when you’re looking at something far away, so that in most cases, magnifications of greater than about 8x require a tripod to steady the binoculars if they’re going to be useful.

Holding Steady

This problem did not go unnoticed by the military and the space program, both of which had excellent reasons for needing high magnification, and both of which tended to use binoculars in intrinsically unstable locations where a tripod wouldn’t have done much good—on a rocking boat, a moving truck, or a spacecraft, for instance. And so a solution was developed, in typical military style: robust, but heavy, expensive, and awkward. The solution was basically to outfit the binoculars with a gyroscope, whose centrifugal force kept the entire unit relatively steady. Although this did in fact provide a more stable image at greater magnifications, it added significant bulk and weight, used a lot of power, and also required a bit of time for the gyroscope to spin up before the image steadied.

Meanwhile, an entirely different industry was working on a solution to a similar problem. As consumer video cameras became smaller and lighter and turned into camcorders, and as camcorders acquired ever-longer zoom lenses, it became increasingly difficult to create quality home movies of things far away using a handheld device. Clearly, consumers who want a lightweight, pocket-sized device are not going to accept a gyroscope any more than bouncy images, so a different tactic was needed.

You might be thinking: big deal; my smartphone has been able to do this for a long time. Sure, but between your smartphone’s camera and digital display is a fancy microprocessor, along with software that can digitally compensate for shaking in real time. Since binoculars are (generally) optical, not digital, those tricks can’t be used. So how do they do it in purely optical devices?

Let’s Do the Twist

The innovation camcorder makers came up with was this: instead of stabilizing the entire device, simply stabilize the portion of the optical system inside that actually mattered. A number of different and clever solutions to this problem were developed and later modified further so they could be applied to binoculars as well. The result is that several different manufacturers now make high-power binoculars that will give you, at the touch of a button, a frighteningly rock-solid image.

One approach was simply to shrink down the gyroscopes that had been used to steady the entire binoculars of early designs, and use them just to steady the prisms (the parts of the optical path that flip over the image so that it’s right-side-up). This is reasonably effective, but still requires a fair amount of power and adds considerable bulk and weight. This method is used by Russian brands Peleng and SIB. Fujinon uses a variation on this approach, which instead of stabilizing the prisms directly with gyroscopes, incorporates much smaller gyros along with solid-state vibration sensors to feed data to a microprocessor, which then directs tiny motors to reposition the prisms.

An even higher-tech approach by Canon does away with gyroscopes altogether. Early Canon models used a set of motion-sensing devices called accelerometers to measure the unit’s movement, and then handed the data to a microprocessor that determines whether it was intentional movement or not; based on the processor’s decision, it adjusted the angle of the glass faces on a unique, water-filled flexible prism. Later Canon designs instead adjust the angle of a single element within the lens barrel on each side, which has the same effect but requires less power, size, and weight.

All of these approaches, while roughly equal in effectiveness, still require batteries, which may last as little as two to six hours in constant use. An alternative design is all-mechanical. It basically mounts weighted prisms in a special gimbal—a mechanical assembly that allows them to tilt freely in any direction—without any help from gyroscopes, motors, or microprocessors. Carl Zeiss stabilizing binoculars use this approach.

The Cost of Stability

Image-stabilizing binoculars (also known as “image stabilization” or “image stabilized” binoculars) can give you a steadier image at up to 20x magnification than ordinary binoculars will give you at 7 or 8x. But this marvelous technology doesn’t come cheap. A quick survey of a number of different models showed prices ranging from as little as US$300 for an 8x Canon model to $9,000 for a top-of-the-line 20x Zeiss. They are also, without exception, quite a bit heavier than their conventional counterparts—regardless of which technology they use. But apart from their obvious utility to lovers of nature, sports, or live music, they are just plain cool. When I tried a couple of models out in a store, I was simply amazed at the nearly magical effect. Alas, my gadget budget cannot currently accommodate such a luxury, but give me a nice solid 16x model with a built-in compass, rangefinder, night vision, and hi-res digital camera for about $500 and I’ll be happy to hand over the plastic. I’m sure it’s only a matter of time.

Note: This is an updated version of an article that originally appeared on Interesting Thing of the Day on June 6, 2003, and again in a slightly revised form on November 9, 2004.

Image credit: Program Executive Office Soldier [CC BY 2.0], via Flickr


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Author: Joe Kissell